Old Bridge Township, New Jersey - June 13, 2005 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

June 13, 2005

A Regular meeting of the Township Council of the Township of Old Bridge was held on June 13, 2005 in the Municipal Complex. The meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

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

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

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

Whereas, when ranked by specific age, motor vehicle crashes continue to be the leading cause of death in the United States for ages 3 through 33; and

Whereas, lap/shoulder safety belts, when used, reduce the risk of fatal injury to front seat passenger car occupants by 45% and the risk of moderate to critical injury by 50%. For light truck occupants, safety belts reduce the risk of fatal injury by 60% and moderate to critical injury by 65%; and

Whereas, use rates in jurisdictions with stricter belt enforcement laws continue to exhibit generally higher use rates than those less able to enforce their laws; and

Whereas, in fatal crashes, 74% of all passenger vehicle occupants who were involved in a fatal crash in 2003 and were restrained survived; of those who were not restrained, only 42% survived; and

Whereas, it is estimated that between 1975 and 2000, safety belts prevented 135,000 fatalities and 3.8 million injuries saving $585 billion in medical and other costs. If all vehicle occupants had used safety belts during that period, nearly 315,000 deaths and 5.2 million injuries could have been prevented – and $913 billion in costs saved; and

Whereas, traffic safety advocates across the Nation and in this community are working with the mayors and elected officials to increase safety belt awareness and drive up belt use – especially among teenagers and young adults, pick up truck drivers and those living in rural areas – as part of the 2005 Click It or Ticket Mobilization.

Now, Therefore, I, Mayor James T. Phillips along with the Township Council do hereby proclaim its wholehearted support for the 2005 Click It or Ticket Mobilization in Old Bridge Township, Middlesex County, New Jersey and pledges to increase awareness of the benefits of using safety belts on every trip, every time.

Recognizing Postman Patrick McCarthy for His Heroism in Stopping an Attack in Progress by Pit Bulls on the Kirschners.

Mayor Phillips presented the following Proclamation to Postman Patrick McCarthy.

Whereas, U.S. Mail Carrier Patrick McCarthy went above and beyond his duties in Old Bridge Township on the afternoon of May 25, 2005; and

Whereas, Patrick, who was on his regular route that day, heard the screams of Abbe and Steve Kirschner who were being viciously attacked by two pit bulls; and

Whereas, Patrick McCarthy heroically jumped from his mail truck to mace the dogs to free Abbe and Steve from their grip; and

Whereas, Patrick contacted 911 and tried to keep the dogs attention so that Steve and Abbe could go safely inside until help arrived; and

Whereas, we are here today to honor the sheer bravery above and beyond the call of duty and express our respect, appreciation and faith in an outstanding individual; and

Whereas, there are many people who do good deeds but there are differences in the way the deeds are done.

Now, Therefore, I, James T. Phillips, Mayor of Old Bridge Township, Middlesex County, New Jersey, along with the Township Council, do hereby recognize and commend Patrick McCarthy for his bravery on May 25, 2005 and further call upon all citizens to acknowledge Patrick as a person of distinction and good deeds.

Mr. McCarthy thanked the Mayor and Council for the Proclamation and stated he was overwhelmed by all the publicity he has received.

Councilman Testino as a member of the Old Bridge-Sayreville Rotary Club presented the following proclamation to members that were present; Sue Meyer, Margie Cyr, Phil Horowitz, Joe Volman, Harry Gelder and Joe Guiliano.

Whereas, the Old Bridge-Sayreville Rotary Club is celebrating its 45 Year Anniversary serving Old Bridge Township; and

Whereas, Rotary International is celebrating a 100 Year Anniversary serving the needs of mankind around the world; and

Whereas, Old Bridge-Sayreville Rotary Club has benefited residents of Old Bridge Township by its Rotary Senior Housing, bus for senior services, Rotary full scholarships to Rutgers University and Middlesex County Community College, an Interact Club for Old Bridge High School, the football field for Pop Warner football, Thanksgiving baskets to the needy, funding to Deborah Heart Center, funding for cancer research, funding for the American Heart Association, funding for brain injured children and a war memorial saluting our veterans.

Now, Therefore, I, James T. Phillips, Mayor of Old Bridge Township, Middlesex County, New Jersey, along with the Township Council, do hereby recognize the Old Bridge-Sayreville Rotary Club for its service above self and declare the month of June 2005

with a display at the Old Bridge Public Library and further call upon all citizens to acknowledge the contributions the Old Bridge-Sayreville Rotary Club has made to the community.

Mayor Phillips commended Dr. George Koehler for his years of service and dedication to the Township of Old Bridge. Dr. Koehler was appointed by Mayor Phillips as the Mayor's Designee to the Planning Board.

In recognition and appreciation for your many years of service to the Planning Board for the Township of Old Bridge.

Your unselfish devotion to the Community gives your lifetime special meaning – a purpose fulfilled by the contentment of knowing you shared in its growth and success.

Best wishes with my gratitude

Mayor James T. Phillips

Mayor Phillips appointed Gerard Haran as the Mayor's Designee to the Planning Board.

Dr. Koehler thanked the Mayor and Council for their recognition and accepted the presentation on behalf of all the volunteers in Old Bridge. Dr. Koehler encourages all citizens to volunteer for the various Township Boards, where he believes changes can be made.

Councilman Gillespie thanked Dr. Koehler for his service to Township and wished him good luck in his future endeavors.

Councilman Greene thanked the members and stressed the importance of the board, pointing out the beginning stages of the YMCA were started at the Recreation Board.

Councilman Calogera thanked the members for their dedication on behalf of the residents and children of the Township of Old Bridge

President Baker thanked the members for their service and expressed his gratitude to serve on the committee with the other members.

Mr. Badcock presented commendations to the following member of the Recreation Advisory Board.

Ray Battaglino, Isaac Crosson, Steve Donahue, Gerard Haran, Joseph Dunn, Irene O'Kane, Kerry Frew, Jody Huff, Denis Kilduff, Robert Larson, Kevin Ruffler, Ash Patel, Robert Pepe, Richard Greene, Kevin Calogera, William Baker

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

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

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

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of June 13, 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 June 13, 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 $8,117,718.64(General Fund)

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

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

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

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

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

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

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

Councilwoman Panos asked Chief Collow to provide her with a report on the reason for the large amount of overtime.

Chief Collow asked Councilwoman Panos to call him tomorrow and he would have the answer for her.

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

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.

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

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

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

Clubs
1209-31-038-001 Old Bridge Elks 180.00
1209-31-039-002 Friendly Sons of the Shillelagh 180.00
1209-31-040-001 Madison Park Fire Volunteer Co. 180.00
1209-31-042-001 Old Bridge Lodge 485 180.00
1209-31-043-001 Old Bridge Columbian Club 180.00
1209-31-045-001 St Lawrence Church 180.00
1209-31-046-001 Browntown Columbian Club 180.00

Consumption
1209-33-001-003 Outback/MidAlantic Joint Venture - Outback 2,270.30
1209-33-002-001 Arkay Bar, Inc 2,270.30
1209-33-003-009 The Oblisque Corp - Ticetown Liquors 2,270.30
1209-33-006-006 Trabelli's Restaurant 2,270.30
1209-33-008-002 Race Zone Bar & Grill 2,270.30
1209-33-009-002 Country Hearth 2,270.30
1209-33-010-009 PCK Enterprises - Buy Rite Liquors 2,270.30
1209-33-011-009 Raphico – Baccus Bar 2,270.30
1209-33-012-005 Pine Tavern Inc 2,270.30
1209-33-016-009 Tre Fratali 2,270.30
1209-33-017-002 Glenwood Country Club 2,270.30
1209-33-018-007 Crossings at Old Bridge, LLC 2,270.30
1209-33-019-006 Sarthi Corp 2,270.30
1209-33-022-006 Ruby Tuesday's 2,270.30
1209-33-023-008 Big Ed's Bar B Que 2,270.30
1209-33-025-007 NJ Wine & Spirits 2,270.30
1209-33-027-004 Daydream Drinks 2,270.30
1209-33-029-002 The Grand Marquis 2,270.30
1209-33-030-003 R Flynn Enterprises 2,270.30
1209-33-032-005 Briad Rest. Grp. TGI Friday 2,270.30
1209-33-033-007 Gem Set 2,270.30
1209-33-034-006 William Cerra, Jr. 2,270.30
1209-33-035-005 TMJ Corp - After Dark 2,270.30
1209-33-036-007 Old Bridge Liquors 2,270.30

Distribution
1209-44-013-005 Jersey Spirits and Wine 1,986.53
1209-44-014-007 Jersey Wine & Spirits 1,986.53
1209-44-020-006 Dody, Inc. 1,986.53
1209-44-028-004 Liquor City at Old Bridge 1,986.53
1209-44-031-003 Market Boy 1,986.53
1209-44-048-001 Vasantha Perkari 1,986.53
1209-44-049-001 Fine Wine & Liquors 1,986.53

PARKING PERMITS
#1976-2025 (36 Permits) 900.00
#1979, 1983, 1984, 1986, 1988, 1999, 2003, 2008, 2012, 2016, 2023, 2024
replacements 60.00
2000, 2007 no charge – permit damaged

MISCELLANEOUS
Photocopies 1,586.58
Late fee – DOG 225.00
Reimb for Polling Places 450.00
Reimb School Election 3,396.62
5,658.20

TOTAL $77,707.61

to accept the May 2005 Clerk's Report 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.

Ms. Margie Cyr, Director of the Old Bridge Township Library invited Council and residents to the Old Bridge Public for the Summer Reading Program. Ms. Cyr reminded the residents that the annual book sale is now taking place, which is a very important fund raiser for the library.

Mr. Richard A Nusser, P.E., P.P. of CME Associates appeared on behalf of the Township of Old Bridge.

Attorney Convery stated that CME has conducted the inspection of this site and is recommending a 70% Reduction instead of a release of the bond.

Mr. Nusser stated that the applicant has requested a release of their Performance Bond, but that CME is recommending a reduction in the performance bond to a remaining amount of 30%.

Mr. Jeffrey Gregorie of the Marleybone Pub stated that he has written a letter regarding three issues, 1. The status of his driveway that is in need of repair because of work that Kara Homes and PSE&G had done, 2. The lack of storm drains and the pooling of water because of Kara Homes sprinkler systems, 3. The fence separated the properties is six feet instead of eight feet.

Mr. Nusser stated that he had spoken to Mr. Gregorie before the meeting and that his items would be added to the punch list.

Mr. Porcello of 7 Bramble Lane stated that the trees in the buffer zone are not planted deep enough. The rocks that were buried were just dug up and left there, when the trees were planted and Mr. Porcello would like them removed. Mr. Porcello feels that the landscaping was not adequately planted or very aesthetically pleasing.

Attorney Convery stated that CME will look into this because landscaping is part of the bonded issues. Before this applicant comes before Council for a final release of the Performance Bond, someone from CME or the Engineer's Department will look into the landscaping items and make sure that Kara Homes has complied with the approved plans.

Councilman Maher asked that the wooden fence that is around the development be inspected to make sure that it was in compliance because it is three feet off the ground in some spots.

Attorney Convery asked CME (Mr. Nusser) if the Performance Bond is reduced to 30%, would that be enough money to correct the complaints heard tonight.

Mr. Nusser stated that all the sidewalks that are supposed to be installed, are installed. Mr. Nusser stated that he would check on this particular sidewalk and get back to Councilman Calogera.

Councilwoman Panos asked how long it would take to get these complaints resolved.

Mr. Nusser stated that he believes the repairs could be completed within six months.

Councilwoman Panos requested that a report be generated in six months to make sure the repairs are being done.

Attorney Convery stated it is usually the developer that requests a release of the bond, but that we can have CME contact Kara Homes in six months and see how far along the repairs are.

Councilman Volkert asked if it was necessary for a representative of Kara Homes to be in attendance.

Attorney Convery stated they have the right to be here and be heard, or they can just rely on their letter. This is a matter that is at the discretion of the Council

Attorney Convery stated that the options under that Land Use Law are that you rely on your Engineer's report (a 70% reduction) or you can table this. Attorney Convery does not recommend changing the amount to 50%.

No Second

President Baker asked if the 30% would be enough to correct the issues that were spoken about this evening, and asked who would decide on the time-frame of the repairs.

Mr. Nusser stated that 30% would be more than enough money and that CME would make sure that these issues are resolved before a final release.

to table the Reduction of the Performance Guarantee of Kara at Farrington Ridge, LLC. by Councilman Calogera, seconded by Councilwoman Panos and so ordered on the following roll call vote:

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

Councilman Greene requested that all applicants be required to be present at the hearings of release or reductions of performance bonds.

Attorney Convery requested that the Clerk's change her letter include that the applicant or counsel representation be present at the hearing. If there is no representation the matter will be tabled.

H-2 Renewal of 1209-33-025-003 N.J. Wines & Spirits, Inc., T/A Breakfast Club 80 with Conditions.

H-3 Renewal of 1209-33-004-002 Sideline Lounge, Inc. T/A Club 516 with Conditions.

Attorney Convery stated hearings numbers 2 and 3 are to be held over for further information required by the Clerk. Since there was not representation from any of the applicants for the hearings on the renewal of liquor license, Attorney Convery recommended tabling all three hearings until the meeting of June 27, 2005.

Deputy Clerk Ward stated that Sideline Lounge needed to be acted on at the June 20, 2005 Agenda Meeting.

Councilman Calogera asked to be provided all the conditions for After Dark, before the renewal hearing since he believes that other conditions were added last year.

Councilwoman Panos asked for all the conditions on the Breakfast Club and all the back up from the court proceedings that have occurred during this licensing year to be supplied for review before the hearing date.

Councilman Maher asked why action was required at an agenda meeting for Sideline Lounge.

Deputy Clerk Ward stated that the only missing item from their renewal was the certificate from the State (Tax Clearance Certificate).

Councilman Maher requested this not be done at an agenda meeting and that it also be acted on with the other two hearings at the regular meeting of June 27, 2005.

Deputy Clerk Ward stated that the Clerk, Rose-Marie Saracino, told Sideline Lounge that their license would be approved on June 20, 2005.

Councilman Maher stated that he did not like to take action at an agenda meeting, if it was not mandatory.

President Baker stated that he did not have a problem with acting on this item at the agenda meeting.

Councilman Maher requested to table all three license renewal hearings until June 27, 2005.

to table hearing on Liquor License Renewals; TMJ Corp T/A After Dark, NJ Wine & Spirits, Inc. T/A Breakfast Club 80 to June 27, 2005 by Councilman Gillespie, seconded by Councilman Testino on so ordered on the following roll call vote:

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

to table Sideline Lounge Inc. Club 516 License Renewal Hearings until June 27, 2005 by Councilman Maher, seconded by Councilman Greene and so ordered on the following roll call vote:

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

ORD.17-2005 Township Council of the Township of Old Bridge adopting a Redevelopment plan for Mannino Park Tract (YMCA). (Carry to 6/27/05)

Councilman Calogera asked the Attorney to review the Statutes regarding the number of votes needed to approve this ordinance.

Attorney Convery stated that he has read the Statute and it is his opinion that it is five votes to pass this ordinance, not a super majority. The Planning Board has not yet had an opportunity to review this ordinance and Attorney Convery requested this be carried to June 27, 2005 without publication.

DO-1 Ordinance authorizing the Township Council to vacate the remaining portion of Avon Street. (JJC)

Attorney Convery stated that the Township sold a piece of property adjoining this paper street and that the Township Engineer has indicated that he does not have a problem with vacating this street. The person that purchased this property will now have a conforming lot if this is vacated.

Councilman Calogera asked if the person who purchased the under-sized lot from the Township was told they could not build on it.

Attorney Convery stated that the purchaser knew that in order to build on the original lot, they would need to get a variance.

Councilman Calogera asked if we are giving them this piece of property, or having them pay for it.

Attorney Convery stated that this is a paper street and does not lead to another street and there does not seem like there is any additional use to the town. If this is vacated, it will lead to a conforming lot.

Attorney Convery stated he believes that the person who bought the lot is looking to build a house.

Councilman Calogera requested that this be sold to them instead of just giving it to them.

Attorney Convery stated that he would have to do legal research to see if there can be compensation to the Township for this piece of land.

Councilman Calogera is concerned that the Township sold a non-conforming lot and is now giving away a parcel that a builder can now build on. Councilman Calogera stated that he would feel differently if this land was going to the adjacent homeowners.

Councilwoman Panos asked why the Township did not vacate the road prior to selling the parcel, so that the Township could have made more money on the sale. Councilwoman Panos asked how much the undersized lot was sold for.

Councilman Greene is suspect because they purchased a non-conforming lot and now the purchasers want the Township to grant them a favor and give them this land. Councilman Greene is not in favor of giving a developer a free gift to build a house on this lot.

President Baker stated that more information is needed and this ordinance will be held over until all the concerns are answered.

Councilman Volkert asked if the road can be vacated and then sold to the purchaser.

Attorney Convery stated that the codification company brought this to the town's attention. This ordinance could be put on the books and it would be totally consistent with State law. The issue is whether or not the council feels strongly that they would want this on the Township of Old Bridge books. If this is not added, the township would still be governed by the State's Law on dangerous dogs.

Councilman Gillespie requested that this be added to the Township's books because of the two recent vicious dog attacks in the Township of Old Bridge. Councilman Gillespie requested this be moved up for First Reading.

Councilwoman Panos requested that further penalties be added for the owners of vicious dogs. Councilwoman Panos asked what breeds are considered dangerous and asked if there were state classifications.

Attorney Convery stated that there are two categories, potentially dangerous dogs and vicious dogs; this ordinance does not mention a particular breed.

Councilman Testino stated that he generally is in agreement with this ordinance but is concerned because he does not believe that we can outlaw a certain breed of dog.

Attorney Convery stated that there could not be stiffer penalties against the owner that the State has already imposed. Attorney Convery requested that this ordinance be adopted for First Reading tonight, so that it can be advertised.

MOTION

to Introduce DO-2 Dangerous Dogs (Ordinance #18-2005) as First Reading Ordinance 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.

Because there was no ordinance provided for First Reading this ordinance was not advertised and therefore not considered adopted as First Reading. This ordinance should be treated as a Discussion Ordinance with a First Reading occurring at the next Regular meeting of the Council. Ordinance #18-2005 should be voided.

ORDINANCE FIXING COMPENSATION OF DEPARTMENT HEADS, THE TOWNSHIP TAX ASSESSOR, AND THE TOWNSHIP CLERK

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

1. Compensation for Department Heads, Tax Assessor and the Township Clerk shall be fixed as follows (base salary subject to longevity): (See Note 1)

Director of Department of Community Development (See Note 5) no change $101,082.00

2. Additional compensation for Department Heads, the Tax Assessor, and the Township Clerk shall be as follows:

All health, prescription, vision, long-term disability insurances and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.

*Note 1 Any retroactive pay increase noted herein shall only apply to the incumbent in the position on the effective date of this Ordinance.

*Note 2 In the event the Business Administrator holds this position he/she shall be paid for both positions as outlined in this ordinance. The Council has determined that it should give Michael Jacobs a six percent (6%) raise to all other municipal officers and employees. The Council finds that there is good cause to give this additional monetary increase based on Michael Jacobs' additional duties (Acting Director Community Development) since commencing employment with the Township. That salary for the Police Director position shall only be retroactive to the time the Business Administrator was actually assigned this title.

*Note 3 In the event the current incumbent in this position holds the position of Chief Financial Officer: the Director of Finance will be paid as either the Director of Finance or Chief Financial Officer, but not both. The Council had determined that it should give Himanshu Shah a six percent (6%) raise to base salary, instead of a three and one-half percent (3 ½%) raise given to all other municipal officers and employees. The Council finds that this additional monetary increase based on the fact that Himanshu Shah may act as the Business Administrator in Michael Jacobs' absence.

*Note 4 In the event the incumbent in this position also holds the office of Public Works Supervisor, the Director of Public Works may be paid for one position of the other, but not both. The Council had determined that it should give Rocco Donatelli a six percent (6%) raise to base salary, instead of a three and one-half percent (3 ½%) raise given to all other municipal officers and employees. The Council finds that this additional monetary increase based on the fact that Rocco Donatelli may act as the Business Administrator in Michael Jacobs' absence.

*Note 5 In the event the current incumbent or new employee holds any other position other than the Director of Department of Community Affairs, he/she may be paid for only one position or the other, but not both.

*Note 6 The base salary of the Township Clerk includes a stipend for the Tax Search Officer

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.

Councilman Calogera asked if these salary increases were negotiated by the Mayor.

Mr. Jacobs stated that these increases are recommended by the Mayor. They were not negotiated.

Councilman Butler recognized the efforts of the Department Heads and stated the increases were deserved and appreciated.

Ms. Linda Seiler spoke on Resolution #279-05 – Change Order #1 for Madison Park Field House; Ms. Seiler requested that contractors be held to their bid amount. Ms. Seiler stated the she thought the Township has approved too many change orders.

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

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

WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto:

RA 58-05 Congregation Beth Ohr
RA 59-05 Chris Cooper Scholarship Fund
RA 60-05 Old Bridge Elks

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge that the Clerk is hereby authorized and directed to issue to the applicants, the following licenses:

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

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

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

RESOLUTION #262-05

WHEREAS, the residents of have requested permission to close Barton Road at the intersection of Gramercy Road for the purpose of a block party to be held on August 6, 2005. (Rain date August 7, 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 Barton Road be completely closed to vehicular traffic from the intersection of Gramercy 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 Butler, seconded by Councilman Greene and so ordered on the following roll call vote:

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

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

WHEREAS, the following properties have erroneously billed real estate taxes for the reason described below; and

WHEREAS, these needed taxes need to be canceled of record to correct the Tax Collector's property accounts.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Old Bridge that the Tax Collector is hereby authorized to make the appropriate cancellations and adjustments as described herein and to cancel any relevant accrued interest.

*3236.13 8 29 Woodsend $1,717.25 (2005 - 2nd) 100% Disabled Veteran
* Previously canceled (Resolution #162-05 – Authorization of refund only)

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

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

AUTHORIZING CONTRACT WITH MEINEKE CAR CARE SERVICE NUNC PRO TUNC RE: EMERGENCY REPAIRS EVENT 4/14/05

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 required the services of a contracting firm with regard to the emergency situation on April 14, 2005; and

WHEREAS, Meineke Car Care Service, 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 Meineke Car Care Service in the amount of $815.02 for the emergency repairs to a 1998 Cadillac Narco Car on April 14, 2005.

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 to a 1998 Cadillac Narco Car on April 14, 2005 is authorized to Meineke Car Care Service in the amount of $815.02 nun pro tunc.

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

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1346 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

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

NAYS: None.

AUTHORIZING CONTRACT WITH QUALITY STAR FREIGHTLINE NUNC PRO TUNC RE: EMERGENCY REPAIRS

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 required the services of a contracting firm with regard to the emergency situation of February 28, 2005; and

WHEREAS, Quality Star Freightline, located at 41 Public Road, Monroe Township, NJ 08831, 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 Quality Star Freightline in the amount of $4,202.86 for emergency repairs to a broken down bus on February 28, 2005.

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 to a broken down bus on February 28, 2005 is authorized to Quality Star Freightline in the amount of $4,202.86 nunc pro tunc.

2. The mayor and clerk are hereby authorized to execute any documents necessary.

A. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1348 certifying the existence of a sufficient appropriation to fund said contract.

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

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

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

AWARDING CONTRACT #2005-01 TO PIONEER GENERAL CONTRACTING COMPANY FOR 2005 ROAD DRAINAGE IMPROVEMENT PROJECT (PHASE 1)

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 in need of road drainage improvement on Terrill Road and Higgins Road; and

WHEREAS, on May 19, 2005 bids were received, opened and read in public for Contract #2005-01 for the 2005 Road Drainage Improvement Project (Phase I); and

WHEREAS, the Township Engineer has received (2) two bids and recommends that Contract #2005-01 be awarded to Pioneer General Contracting Company, Inc. in the amount of $194,985.00; and

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

1. Pioneer General Contracting Company Inc. located at 127 William Street, South River, NJ 08862 is hereby awarded a contract for the 2005 Road Drainage Improvement Project (Phase I) in the amount of $194,985.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1343 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.

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

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

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

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 #2005-21 for replacement of the Ice Arena Roof; and

WHEREAS, the Township Council wishes to award the contract for the replacement of the Ice Arena Rood to the lowest responsible bidder.

WHEREAS, our Township Director of Parks and Recreation has recommended that a contract be awarded to Oradell Construction Co., Inc. as they submitted the lowest responsible bid.

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. Oradell Construction Co., Inc. with principal offices located at 37 Woodland Avenue, Roseland, NJ 07068 is hereby awarded a contract in the amount of $204,000.00 for replacement of the Ice Arena Roof.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1343 certifying the existence of sufficient appropriation to fund the said contract.

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

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

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

AUTHORIZING PROFESSIONAL SERVICE CONTRACT WITH SANDERS FIRE PROTECTION ENGINEERING, LLC FOR SPRINKLER SYSTEM DESIGN/BID PACKAGE FOR GROUND LEVEL OF CIVIC CENTER

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 to provide engineering services related to the sprinkler system bid specification and design and construction supervision for ground level of Civic Center; and

WHEREAS, Sanders Fire Protection Engineering, LLC 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 Sanders Fire Protection Engineering, LLC. 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 Sanders Fire Protection Engineering, LLC located at 3 Falcon Drive, Budd Lake, NJ in the amount not to exceed $4,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1349 certifying the existence of sufficient appropriation to fund the said contract.

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

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

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

AUTHORIZING SUBORDINATION OF A CERTAIN CDBG MORTGAGE FOR VICTORIA THERESA BENEDETTO

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 received a mortgage on a certain property in connection with its Community Development Block Grant Program; and

WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.

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 mortgage in favor of the Township of Old Bridge in the amount of $8,445.00 may be subordinated by an additional $88,000.00 (new mortgage) on property located at 428 Bayview Drive, Laurence Harbor, Old Bridge Township NJ, Block 60, Lot 428 assessed to Victoria Theresa Benedetto.

2. The Mayor and Township Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.

3. Any documents required to effectuate the terms of this authorization shall be approved by the Township Attorney.

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

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

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

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

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

Date Check Amount Vendor
1/13/04 693152 8.00 Groundskeeper
5/11/04 694921 5,211.60 Verizon 9-1-1
6/15/04 695266 1,129.29 Mark Breitmann, Atty.
6/15/04 695291 2,167.03 Nationwide Property Transfer
6/15/04 695302 340.98 Oasis Motor
6/29/04 695504 26.90 NJDEP-Perter Daly Finance Officer
TOTAL $8,883.80

4/20/04 120422 13.22 John Wright
4/20/04 120596 228.37 Cheryl Schmidt
5/20/04 121718 98.17 Amanda Benson
5/20/04 122158 1,226.22 Richard Faller
TOTAL $1,565.98

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

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

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

WHEREAS, it has become necessary to expend for various purposes which are specified in the budget, an amount in excess of the respective sums appropriated therefore; and

WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and

WHEREAS, under provisions of R.S. 40A:4-58, during the last two months of the fiscal year, the Governing Body has the authority to transfer the amount of such appropriations as may be deemed to be in excess to such appropriations as may require it.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Old Bridge Township that the transfer in the amount of $11,102.50 be made between the Current SFY 2005 Budget and $5,000.00 between the Arena Utility Account as follows:

GENERAL ACCOUNT
Department From To
Animal Control Warden – Other Expenses $10,000.00
Ride Share – Other Expenses $ 1,102.50
Legal – Other Expenses $11,102.50
$11,102.50 $11,102.50

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

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

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

WHEREAS, it has become necessary to expend for various purposes which are specified in the budget, an amount in excess of the respective sums appropriated therefore; and

WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Old Bridge Township that the transfer in the amount of $24,217.43 be made between the Current SFY 2005 Appropriations as follows:

GENERAL ACCOUNT
Department From To
Snow Removal – Salary & Wages $12,319.87
Snow Removal – Other Expenses $11,897.56
Snow Removal Reserve $24,217.43
$24,217.43 $24,217.43

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

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

AUTHORIZING PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES WITH CME ASSOCIATES FOR REMEDIATION OF THE MARGARET'S CREEK PROJECT

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 consulting services regarding remediation of the Margaret's Creek Project; and

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

WHEREAS, the Township Council wishes to authorize a contract with CME Associates for 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 3141 Bordentown Avenue, Parlin, NJ 08859 in the amount of $3,200.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1352 certifying the existence of sufficient appropriation to fund the said contract.

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

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

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

RESOLUTION AUTHORIZING THE REJECTION OF ALL BIDS WITH REGARD TO CONTRACT #2005-14 FOR THE IMPROVEMENTS TO THE OLD BRIDGE MUNICIPAL COMPLEX

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 bids in connection with Contract #2005-14 for the improvements to the Old Bridge Municipal Complex; and

WHEREAS, the lowest bid submitted exceeded the amount of Township funds allocated for said project.

WHEREAS, the Township Council wishes to reject all bids in regard to Contract #2005-14 because of cost (N.J.S.A. 40A:11-5).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bids received with respect to Contract #2005-14 for improvements to the Municipal Complex are hereby rejected.

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

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

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

WHEREAS, Chapter 72 P.L. 1994, NJSA 40A: 4-12.1 requires that the governing body of a fiscal year municipality adopt a resolution to certify the preliminary calendar year 2006 municipal rate to the Director of the Division of Local Government Services according to the calculations as set forth by said chapter; and

WHEREAS, the Township of Old Bridge wishes to set the tax rate for fiscal 2006 for the purpose of setting the preliminary tax rate at $.76 per $100 assessed value.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the preliminary tax levy for the calendar year 2006 be set at $24,815.566.26

BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Director of the Division of Local Government Services for his approval and to the County Tax Board for the calculation of the Municipal Tax Rate for the calendar year 2006.

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

Councilman Greene asked if this amount is the same rate that we are currently paying now.

Mr. Shah stated that this is the same rate that we introduced at this time last year. This amount is the estimated tax rate. The budget will be presented to the Council in July, and at that time, the final rate will be set. This rate is 76 cents and we ultimately were able to lower the rate to 73 cents. This is the same process that we have been doing for over ten years.

Councilman Greene stated that last year's tax rate that was introduced was an increase and it was eventually reduced by three cents, which resulted in a no tax increase budget. This rate is in fact an increase. If you cannot find ways to reduce this figure, it is a tax increase.

Mayor Phillips stated that the rate we introduced last year at this time was 76 cents and that is what we are introducing now. When the budget is presented to council the Mayor will request the efforts of the council in cutting costs and acceptance of revenues. Mayor Phillips believes that saying we are introducing a tax increase is not correct. Residents will be paying the exact same rate as they were paying last year at this time.

Councilman Greene stated 76 cents is greater than 73 cents. We are now at a rate of 73 cents and this preliminary tax rate is 76 cents, which is greater than the current tax rate.

Mayor Phillips stated that this preliminary tax rate is what is needed in order to get the tax bills out on time. Mayor Phillips is hoping to reduce the tax rate with the help of the State, Council and Department Heads.

Councilman Greene stated that it is a fact that this tax rate that we are striking tonight is three cents higher than what the residents are paying right now.

Councilman Testino wanted the residents to know that there is an increase in the tax bills which is a result of the Board of Education. Councilman Testino reminded the council that Mr. Shah, the Finance Director is recommending this action.

Councilwoman Panos asked the attorney if the council votes to approve this resolution, will this be a tax increase.
Attorney Convery stated that this is not a legal question, the council must vote on what their interpretation of the resolution is.

RESOLUTION AUTHORIZING ACCEPTANCE OF OPEN SPACE AGREEMENT ACCEPTING $518,000.00 GRANT FOR GREEN ACRES RECREATION AREA IMPROVEMENTS TO TICETOWN SOCCER COMPLEX

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 has submitted a proposal to the County of Middlesex in connection with the improvement and/or development of Green Acres Recreation Area which includes: Improvements to Ticetown Soccer Complex; and

WHEREAS, the County of Middlesex has evaluated said proposal and finds that it meets the purposes for which monies deposited in the “Open Space, Recreation and Farmland and Historic Preservation Trust Fund” may be utilized; and

WHEREAS, the County of Middlesex wishes to provide funding to the Township of Old Bridge in the amount of Five Hundred Eighteen Thousand Dollars ($518,000.00) for the Ticetown Soccer Complex in accordance with the terms and conditions set forth in the agreement.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey, that the Mayor and Township Clerk are hereby authorized to sign the Open Space Agreement accepting grant of $518,000.00 for Green Acres Recreation Area Improvements to Ticetown Soccer Complex.

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

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

RESOLUTION AUTHORIZING CONTRACT WITH JULIAN'S TOWING NUNC PRO TUNC RE: EMERGENCY TOWING

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 required the services of a contracting firm with regard to the emergency situation of April 21, 2005; May 1, 2005; May 2, 2005; and

WHEREAS, Julian's Towing, located at 919 Route 9 North, South Amboy, NJ 08879, 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 Julian's Towing in a total amount of $1,125.00 for emergency towing on April 21, 2005, May 1, 2005 and May 2, 2005.

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 towing on April 21, 2005, May 1, 2005 and May 2, 2005 is authorized to Julian's Towing in a total amount of $1,125.00 nunc pro tunc.

2. The mayor and clerk are hereby authorized to execute any documents necessary.

A. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1347 certifying the existence of a sufficient appropriation to fund said contract.

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

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

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

Councilman Maher asked if these charges were for Township vehicles that had broken down.

Councilwoman Panos stated the rates are very high and asked if the Township could get a AAA type contract.

AUTHORIZING PROFESSIONAL SERVICE CONTRACT WITH KURTZ ENGINEERING ADMINISTRATION AND INSPECTION SERVICES RELATED TO THE TOWNSHIP OF OLD BRIDGE PAVING PROGRAM

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 to provide administration and inspection services related to the Township Paving Program; and

WHEREAS, Kurtz Engineering 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 Kurtz Engineering 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 Kurtz Engineering located at 1903 Atlantic Avenue, Manasquan, NJ 08736 in the amount of $39,180.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1344 certifying the existence of sufficient appropriation to fund the said contract.

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

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

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

Councilman Calogera requested that the Township look into hiring a firm on a full-time basis because roads and curbs are done throughout the year.

Mayor Phillips stated that he believes, because of the situations in Old Bridge and of some other information that he is aware of, this is a good time for there to be independent people performing the inspections of the road and curb programs for the foreseeable future. Mayor Phillips stated the when he is comfortable that all the investigations are completed he will look into bringing someone on full-time.

Councilwoman Panos stated was she was concerned about the contractor, because of Mr. Kurtz who is on the Redevelopment Agency. Councilwoman Panos asked if this contract was put out to bid.