Moment of Silence.

President Baker requested a moment of silence for the armed forces serving in Iraq.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, June 13, 2005 at 7:30 p.m. in the municipal complex.

Roll call by Deputy Clerk Ward showed the following council members answering present: Councilmen Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Baker. Councilman Gillespie arrived late. Councilman Maher was absent.

RESOLUTION NO. 223-05

BILL LIST

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

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

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of May 23, 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 May 23, 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 $3,313,464.05 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Gillespie, Maher.

RESOLUTION NO. 224-05

BILL LIST

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

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

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of May 23, 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 May 23, 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 $733,228.83 (Payroll).

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

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

NAYS: None.

ABSENT: Councilmen Gillespie, Maher.

RESOLUTION NO. 225-05

BILL LIST

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

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

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of May 23, 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 May 23, 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 $23,321.74 (Overtime).

Moved by Councilman Butler, 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: Councilman Maher.

Preliminary public portion.

Mr. Galante: Expressed his opinion that both the planning and zoning boards should be televised in contrast to the mayor's opinions that it would not be productive to do so.

Ms. Seiler: Echoed her previous sentiments that all meetings of township boards and agencies of the Township of Old Bridge should be televised.

Mr. Cahill: Stated that previously asked questions about Crossroads had not been answered and inquired as to the policy of the administration and Township Council with respect to responding to questions posed by the public.

Certificates of Commendation - Presidents of All Old Bridge Youth Athletic Organizations.

Mayor Phillips and Mr. Badcock presented certificates to:

Mario Ferrara, Gina Kondratyk, Mike Scardilli, Jeff Georgiana, Gerry Gargiulo, Steve Santurro, Sr., Nick Antuofermo, Dan McKevitt, Fred Cole, Pete Micciulla, Rob Vasquez, Joe Pruiti,
Ken Totten, Pat Dineen, Don Iaccarino, Allen Giles, Denis Kilduff, John Piccolo, Bob Ritz, Ash Patel

Councilman Greene: Expressed his deep gratitude and sincere appreciation for the dedication manifested by all the members and coaches of all the Old Bridge youth athletic organizations.

Mayor Phillips: Commended the recipients of the certificates for their hard work and dedication.

Mr. Badcock: Echoed the sentiments of Mayor Phillips and Councilman Greene.

Proclamation - 2005 Click It or Ticket Mobilization.

To be held until Thomas Collow, Chief of Police could be present.

Ordinance for Second 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 misconduct 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 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;
(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 been 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 properly 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 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 Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

ABSENT PODIUM: Councilwoman Panos.

Prior to the roll call vote President Baker opened a public portion.

Ms. Seiler: Recommended that the amounts to be charged for the defense of an employee be specifically stated.

Attorney Convery: Explained that there exists an indemnification ordinance which included a rate of $135.00 per hour which is a reasonable default amount but there is room to review the case and determine whether someone considered an "expert" in a specific field should be paid at a different rate. In his opinion the wording of the ordinance should stand.

With respect to indemnification (and as is stated in the ordinance) a determination could be made by the insurance carrier and the Township of Old Bridge that an employee is not entitled to have a defense. However, if the employee wins the case and it is found that this employee acted in his capacity as an official, the individual may request reasonable fees and expenses which would be decided by a judge.

Ordinance for Second 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 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, Testino, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilman Maher.

Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion.

Ordinance for Second 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, Testino, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilman Maher.

Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 16-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE 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 Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 17-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ADOPTING A REDEVELOPMENT PLAN FOR MANNINO PARK TRACT (YMCA)

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

WHEREAS, the Township Council of the Township of Old Bridge ("Township Council"), pursuant to N.J.S.A. 40A:12A-4, determined by Resolution No. 144-04 dated February 23, 2004 to cause a preliminary investigation to be made and requested the Planning Board of the Township of Old Bridge ("Planning Board") to hold a public hearing as to whether the property known as Mannino Park is an area in need of redevelopment in accordance with N.J.S.A. 40A:12A-6; and

WHEREAS, the Planning Board after considering the report of the Township Planner dated March 12, 2004 and finding evidence of the criteria set forth in N.J.S.A. 40A:12A-5 recommended based on the procedures set forth in N.J.S.A. 40A:12A-6 by resolution dated April 6, 2004 that the Mannino Park tract identified as Lot 6 in Block 8005, and Part of Lot 1 in Block 8005 qualifies as a redevelopment area in accordance with N.J.S.A. 40A:12A-6; and

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

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

WHEREAS, the Old Bridge Redevelopment Agency caused a redevelopment plan entitled Mannino Park Tract Redevelopment Area Redevelopment Plan to be developed by Glenn Patterson, P.P., (the "Redevelopment Plan"), for the area for consideration by the Township Council; and

WHEREAS, the Township Council by resolution dated May 23, 2005 preliminarily reviewed the Redevelopment Plan on file with the Township Clerk and referred it to the Planning Board for its review.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Redevelopment Plan on file with the Township Clerk is hereby adopted as the redevelopment plan for the Old Bridge Mannino Park (YMCA) tract in the Township of Old Bridge.

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 adopted a resolution declaring that at least a two-thirds (2/3) of all the members of the Township Council vote in favor of such resolution.

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

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

NAYS: None.

ABSTAIN: Councilmen Calogera, Greene, Councilwoman Panos.

ABSENT: Councilman Maher.

Subsequent to the roll call vote the following discussion took place.

Councilman Calogera: Questioned the required number of "yes" votes to pass this ordinance.

Attorney Convery: Assured Councilman Calogera that the number of votes required is five, but promised to confirm that number.

Consent Agenda.

President Baker opened a public portion.

Ms. Seiler: (Re: C-20 referring redevelopment plan to the planning board). Asked whether the redevelopment agency reviewed the plan prior to its being passed to the planning board.

(Re: C-25 award of contract 2005-22 to Cloudburst Sprinkler) Queried that perhaps Mr. Jacobs knew this company since he lives (lived) in the area where this business is located.

Attorney Convery: Explained that according to Cloudburst's letterhead, the company has three addresses. With respect to the redevelopment plan, according to state redevelopment law it is up to the council to designate the redevelopment site. The council is properly acting tonight to limit the tract to 12.33 acres, and that is being done tonight which is totally independent of the redevelopment agency. Previously, the council was dealing with the entire Mannino site, but now we have a metes and bounds description and a map showing exactly the redevelopment area on the Mannino tract.

By state law only the Township Council can adopt the redevelopment plan, and that is after second reading. The council cannot adopt this until the township planning board reviews and comments on this within forty-five days. An official report is not necessary from the redevelopment agency, but suggested that a redevelopment agency meeting be attended to discuss your questions with their actions.

Ms. Schiffres: (C-21 authorizing improvements along Rt. 35) Inquired as to whether the business owners along the Rt. 35 are going to be asked to improve the appearance of their commercial site.

Mr. Sumal: Stated that the improvements would be only to access to Rt. 35.

Mayor Phillips: Explained that this is merely a widening of an intersection not about improving the appearance of business facades.

Seeing no further hands President Baker closed the public portion.

RESOLUTION NO. 226-05

GRANTING KATHLEEN DAVIES LEAVE OF ABSENCE WITHOUT PAY IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PUBLC EMPOYEE RETIREMENT SYSTEM GROUP LIFE INSURANCE COVERAGE

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two-year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Kathleen Davies, a Township of Old Bridge employee, has formally requested a leave of absence without pay resulting from a personal illness.

BE IT FURTHER RESOLVED that the leave of absence will be come effective as of May 29, 2005 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Kathleen Davies.

BE IT FURTHER RESOLVED that the leave of absence of Kathleen Davies is formally recognized, having been heretofore authorized by the Mayor and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 227-05

AUTHORIZING WAIVER OF FEES FROM CODE ENFORCEMENT FOR THE ST. AMBROSE CHURCH CARNIVAL

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

WHEREAS, St. Ambrose church has requested that the Code Enforcement Department waive any and all fees for permits for St. Ambrose Church carnival to be held from June 21, 2005 through June 25, 2005.

WHEREAS, the Township's portion of permit fees and related fees in the amount of $125.00 for the St. Ambrose Church carnival to be held June 21, 2005 through June 25, 2005

WHEREAS, the Township Council cannot waive the State's portion of the fees and they shall be paid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that any and all Code Enforcement fees for permits payable to the Township of Old Bridge are waived for St. Ambrose for their Carnival.

BE IT FURTHER RESOVLED that the portion of the fee paid to the State shall be paid.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 228-05

AWARDING CONTRACT NO. 2005-17 TO COMPLETE SECURITY SYSTEMS FOR MONITORING AND INSPECTION OF FIRE ALARM SECURITY

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 2005-17 for monitoring and inspection of fire alarm security; and

WHEREAS, the Township of Old Bridge has advertised bids for monitoring and inspection of fire alarm security services on April 9, 2005; and

WHEREAS, bids were received and opened on May 5, 2005; and

WHEREAS, Complete Security Systems appears to be the lowest responsible bidder; and

WHEREAS, the Township Council wishes to award the contract for monitoring and inspection of fire alarm security to Complete Security to Complete Security Systems located at 94 Vanderburg Road, Marlboro, NJ 07746-1410.

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. Complete Security Systems located at 94 Vanderburg Road, Marlboro, NJ 07746-1410 is hereby awarded a contract for providing monitoring and inspection of fire alarm security and is on file with the Township Clerk with a total amount not to exceed $28,421.00.

2. Complete Security Systems will provide the Township of Old Bridge with services specified in the bid.

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1339 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

A. Compliance by the vendor with signing the mandatory affirmative action language required by law.

B. Execution of a formal contract.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 229-05

AUTHORIZING THE INSERTION OF A SPECIAL ITEM OF REVENUE (CHAPTER 159) IN CONNECTION WITH THE CLEAN COMMUNITIES GRANT IN THE AMOUNT OF $52,405.78

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

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $52,405.78 for Clean Communities Entitlement and wishes to amend its SFY 2005 budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge hereby requests the director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2005 in the sum of $52,405.78 for the Clean Communities Entitlement which is now available as a revenue from:

Clean Communities Grant

BE IT FURTHER RESOLVED that a like sum of $52,405.78 be and the same is hereby appropriated under the caption of:

Clean Communities Grant

BE IT FURTHER RESOLVED that the Township Clerk forward three (3) copies of this resolution to the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 230-05

AUTHORIZING THE INSERTION OF A SPECIAL ITEM OF REVENUE (CHAPTER 159) IN CONNECTION WITH THE DRUNK DRIVING ENFORCEMENT GRANT IN THE AMOUNT OF $13,806.50

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

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $13,806.50 from the Drunk Driving Enforcement Grant and wishes to amend its SFY 2005 budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge hereby requests the director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2005 in the sum of $13,806.00 which is now available as a revenue from:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED that a like sum of $13,806.00 be and the same is hereby appropriated under the caption of:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED that the Township Clerk forward three (3) copies of this resolution to the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 231-05

AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR GEICK BASEBALL SYNTHETIC SURFACE RECONSTRUCTION WITH KINSEY ASSOCIATES

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

WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm for the removal/repair/replacement of the synthetic surface and subgrade at Geick Park Baseball field; and

WHEREAS, Kinsey Associates located at Hasting Commons, Building 2A, 486 Schooley's Mtn. Road, Suite 207, Hackettstown, NJ 07840-4000 is a licensed New Jersey engineering and landscaping firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Kinsey 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 Kinsey Associates located at Hastings Commons, Bldg. 2A, 486 Schooley's Mtn. Road, Suite 207, Hackettstown, NJ 07840-4000 in the amount of $17,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1340 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.

4. This contract is awarded without competitive bidding as a professional service 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 of Old Bridge.

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 the Township Clerk.

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 232-05

AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO EXECUTE JERSEY CENTRAL POWER & LIGHT EASEMENT

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

WHEREAS, the Township of Old Bridge is the owner of certain lands located in the Township of Old Bridge, County of Middlesex, State of New Jersey known and designated Block 20002, Lot 67.12 and 79.11; and

WHEREAS, the Township of Old Bridge wishes to convey to Jersey Central Power & Light Company a permanent easement on this property.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are hereby authorized to sign the easement agreement with Jersey Central Power and Light.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 233-05

REQUESTING AN EMERGENCY APPROPRIATION IN THE AMOUNT OF $50,000.00 IN CONNECTION WITH A TANK REMOVAL IN THE POLICE LOT

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

WHEREAS, an emergency has arisen with respect to Remediation and Testing for the tank removal in the police lot, 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 $365,000.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48 an emergency appropriation be and the same is hereby made for remediation and testing for the tank removal in the police lot in the aggregate amount of $50,000.00 and that said emergency appropriation shall be provided in full in the SF 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 Volkert and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 234-05

AUTHORIZING THE REJECTION OF BIDS WITH REGARD TO CONTRACT No. 2005-19 FOR THE BULLET TRAP CONTAINMENT SYSTEM

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

WHEREAS, the Township of Old Bridge solicited all bids in connection with contract NO. 2005-19 for a Bullet Trap Containment System; and

WHEREAS, the Township of Old Bridge received a single bid from Meggitt Defense System Caswell Inc. located at 2540 2nd Street NE, Minneapolis, MN 55418 in connection with contract No. 2005-19 for a Bullet Trap Containment System; and

WHEREAS, there was no business registration included in the bid; and

WHEREAS, the Township Council wishes to reject all bids received for a Bullet Trap Containment System.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that all bids received with respect to a Bullet Trap Containment System are hereby rejected.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 235-05

AUTHORIZING ST. AMBROSE TO CONDUCT A FIREWORKS DISPLAY ON FRIDAY, JUNE 24, 2005 (RAINDATE – JUNE 25, 2005)

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

WHEREAS, St. Ambrose is holding their annual carnival in June 2005; and

WHEREAS, a request has been made by St. Ambrose to hold a fireworks display on Friday June 24, 2005 (rain date June 25, 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 for the fireworks display is hereby approved contingent upon receipt of insurance certificates for the Township and Fire District and subject to all fire safety conditions being met, and the proper permits being obtained from the fire official prior to the carnival.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 236-05

AWARDING CONTRACT NO. 2005-22 TO CLOUDBURST SPRINKLER COMPANY FOR IRRIGATION AT TICETOWN ROAD PARK

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 2005-22 for irrigation at Ticetown Road Park; and

WHEREAS, the Township of Old Bridge had advertised bids for irrigation at Ticetown Road Park on May 6, 2005; and

WHEREAS, bids were received and opened on May 19, 2005; and

WHEREAS, Cloudburst Sprinkler Company appears to be the lowest responsible bidder; and

WHEREAS, the Township Council wishes to award the contract for irrigation at Ticetown Road Park to Cloudburst Sprinkler Company located at 950 Ridge Road, Suite E-8, Claymount, DE 19703.

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 Cloudburst Sprinkler Company located at 950 Ridge Road, Suite E-8, Claymount, DE 19703 is hereby awarded a contract for provision of irrigation at Ticetown Road Park and is on file with the Township Clerk with a total amount not to exceed $123,137.00.

2. Cloudburst Sprinkler Company will provide the Township of Old Bridge with services specified in the bid.

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1342 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

A. Compliance by the vendor with signing the mandatory affirmative action language required by law.

B. Execution of a formal contract.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

NO. 237-05

GRANTING PERMISSION FOR A BLOCK PARTY LONGVIEW ROAD

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

WHEREAS, the residents of Longview Road have requested permission to close at the intersection of Orchard Drive for the purpose of a block party to be held on August 6, 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:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. 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. Cars and/or trucks may not be used to block off any streets.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 238-05

GRANTING PERMISSION FOR A BLOCK PARTY HANSEN ROAD

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

WHEREAS, the residents of Hansen Road have requested permission to close at the intersection of Chelsea and Gramercy Roads for the purpose of a block party to be held on August 27, 2005 (rain date August 28)

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:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. 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. Cars and/or trucks may not be used to block off any streets.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 239-05

GRANTING PERMISSION FOR A BLOCK PARTY HAROLD STREET

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

WHEREAS, the residents of Hansen Road have requested permission to close at the intersection of Chelsea and Gramercy Roads for the purpose of a block party to be held on August 27, 2005 (rain date August 28)

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:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. 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. Cars and/or trucks may not be used to block off any streets.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 240-05

GRANTING PERMISSION FOR A BLOCK PARTY CALVIN COURT

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

WHEREAS, the residents of Calvin Court have requested permission to close at the intersection of Cindy Street and Hastings Road for the purpose of a block party to be held on June 25, 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:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. 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. Cars and/or trucks may not be used to block off any streets.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTON NO. 241-05

GRANTING PERMISSION FOR A BLOCK PARTY BALMORAL AVENUE

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

WHEREAS, the residents of Balmoral Avenue have requested permission to close at the intersection of Woodsend and Hallendale Drives for the purpose of a block party to be held on July 16, 2005 (rain date July 17).

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:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. 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. Cars and/or trucks may not be used to block off any streets.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6 .All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 242-05

GRANTING PERMISSION FOR A BLOCK PARTY ELEANOR STREET

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

WHEREAS, the residents of Eleanor Street have requested permission to close at the intersection of Aberdeen Drive for the purpose of a block party to be held on August 6, 2005 (rain date August 13).

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:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. 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. Cars and/or trucks may not be used to block off any streets.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant.

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 243-05

GRANTING PERMISSION FOR A BLOCK PARTY ADAMS STREET

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

WHEREAS, the residents of Adams Street have requested permission to close at the intersection of Jersey Avenue and York Street for the purpose of a block party to be held on August 6, 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:

1 You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. 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. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

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

Attorney Convery: Stated the police reports on several of the block parties had not been received and that the resolution to approve would be approved contingent upon the police department approval.

President Baker: Inquired as to whether the Township Council had to be involved in approving block parties.

RESOLUTON NO. 244-05

AUTHORIZING A PUBLIC AUCTION FOR SURPLUS PROPERTY

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

WHEREAS, the Township Council of the Township of Old Bridge has determined that the personal property list on file with the Township Clerk is not needed for public use; and

WHEREAS, the estimated value of the said personal property exceeds the sum of $2,500.00; and

WHEREAS, it is in the best interest of the Township of Old Bridge to sell the said property at public auction.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the notice of the date, time and place of the public sale, together with a description of the items to be sold and conditions of sale shall be published in the official newspaper of the Township of Old Bridge; such sale shall be held not less than seven (7), nor more than fourteen (14) days after the publication date of the notice of the sale; and

BE IT FURTHER RESOLVED that the sale of the said personal property shall be upon the condition that all such property shall be sold in an "as is" condition and the Township of Old Bridge shall not give any warranty as to quality or condition of the property; and

BE IT FURTHER RESOLVED that said sale shall be scheduled to be held on Saturday, September 10, 2005 at 9:30 a.m. in the Richard Allen Cooper Civic Center.

BE IT FURTHER RESOLVED that the Township of Old Bridge does hereby reserve the right to reject any and all bids.

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

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

NAYS: None.

ABSENT: Councilman Maher.

RESOLUTION NO. 245-05

APPROVING THE OLD BRIDGE PBA 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:

WHEREAS, the Township of Old Bridge and the Old Bridge PBA 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 PBA 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. The PBA 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 Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Volkert.

ABSENT: Councilman Maher.

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

Councilman Gillespie: Commended Messrs. Phillips, Jacobs and Shah on their contributions to the PBA contract.

RESOLUTION NO. 246-05

AUTHORIZING THE MAYOR OF THE TOWNSHIP OF OLD BRIDGE TO EXECUTE THE SHARE GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF COMMUN ITY AFFAIRS

BE IT RESOLVED by the