Old Bridge Township, New Jersey - August 1, 2005 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

August 1, 2005

A Combined meeting of the Township Council of the Township of Old Bridge was held on August 1, 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 Calogera, Gillespie, Maher, Testino, Volkert, Councilwoman Panos, President Baker. Councilman Greene was absent. Councilman Butler arrived late.

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

Councilman Testino asked for a moment of silence for Mr. William Paxton a teacher at the McDivitt School who passed this week.

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

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

AYES: Councilmen Gillespie, 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 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 August 1, 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 August 1, 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 $15,676,928.45 (Accounts Payable).

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

AYES: Councilmen Calogera, Gillespie, 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 vouchers subject to preaudit and control; and

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

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

AYES: Councilmen Calogera, Gillespie, 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 vouchers subject to preaudit and control; and

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

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

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

Ms. Linda Seiler requested additional postings of Council Agenda. Ms. Seiler spoke of the importance of open government.

Mr. Valentino stated that he is favor of a curfew for teenagers as added tool for parents.

John Muir & George Neuman – C.E.R.T. – Community Emergency Response Team.

Mr. Muir highlighted some of the aspects of the CERT program; Disaster Preparedness, Fire Safety, Disaster Medical Operations, Assessment, Treatment and Hygiene, Light Search and Rescue. Mr. Muir stated the CERT volunteers work as an assistance to the Police and Fire Departments, their object is to be a help to these departments. Mr. Muir stated that there is a new class starting in September and encouraged residents to sign up for the training program.

Mr. Neuman stated that the reason for the presentation tonight was to encourage new volunteers to sign up for the training program.

Release/Reduction Performance Guarantee – Bonim Associates, Inc. (POSTPONEMENT REQUESTED BY ATTORNEY)

ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE REGARDING DEFINITIONS, DESIGN STANDARDS, AND PARKING REQUIREMENTS

Restaurant (with bar) 1 per 3 seats in restaurant area plus 1 per 2 seats in bar area

Dancehall, Dance Club or Disco 1 per 50 sf GFA, or 1 per 2 patrons @ maximum occupancy plus 2 per 3 employees on maximum club shift, whichever is greater

Nightclub 1 per 50 sf GFA or 1 per 2 patrons @ maximum occupancy plus 2 per 3 employees on maximum shift, whichever is greater

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

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.

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 it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A: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 NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

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

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

Attorney Convery stated that this ordinance clarified the parking requirements for certain establishments. This ordinance has been reviewed and is recommended by the Old Bridge Township Planning Board.

President Baker opened the public portion. Seeing no hands President Baker closed the public portion.

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING MUNICIPAL REGULATIONS GOVERNING DANGEROUS DOGS

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

ANIMAL CONTROL OFFICER – Certified Municipal Animal Control Officer as defined in N.J.S.A. 4:19-15.1.

POTENTIALLY DANGEROUS DOG – Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.

VICIOUS DOG – Any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.

SECTION 3. SEIZURE AND IMPOUNDMENT OF DOG BY ANIMAL CONTROL OFFICER; GROUNDS.

A. The Animal Control Officers shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

(1) Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;

(2) Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;

(3) Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or

(4) Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

B. The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner.

SECTION 4. NOTICE OF SEIZURE AND IMPOUNDMENT; DETERMINATION OF IDENTITY OF OWNERS; NOTICE OF HEARING; RETURN OF STATEMENT BY OWNER; DESTRUCTION OF DOG

A. The Animal Control Officer shall notify the municipal court and the municipal health officer immediately that he has seized and impounded a dog pursuant to N.J.S.A. 4:19-19, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to N.J.S.A. 4:19-19. If its owner cannot be identified within seven days, that dog may be humanely destroyed.

B. The Animal Control Officer shall within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted, or if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.

SECTION 5. AGREEMENT BETWEEN TOWNSHIP OF OLD BRIDGE AND DOG OWNER; SETTLEMENT AND DISPOSITION; LIABILITY OF MUNICIPALITY; LEGAL EXPENSES.

Notwithstanding any provision in N.J.S.A. 4:19-17 et seq to the contrary, the municipality and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of N.J.S.A. 4:19-17 et seq. to the contrary, no municipality or any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The municipality may, as a condition of the settlement agreement, also require that the owner of the dog hold the municipality harmless for any legal expenses or fees the municipality may incur in defending against any cause of action brought against the municipality notwithstanding the prohibition against such causes of action set forth in this section.

A. The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

(1) Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or

(2) Has engaged in dog fighting activities as descried in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.

B. A dog shall be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

C. If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

A. The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

(1) Caused bodily injury as defined in N.J.S.A. 2C:11(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person;

(2) Killed another domestic animal; and
(a) poses a threat of serious bodily in jury or death to a person; or
(b) poses a threat of death to another domestic animal; or

(3) Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

(1) Causing bodily injury as defined in N.J.S.A.2C:11-1(a) to a person if the dog was provoked; or

(2) Killing a domestic animal if the domestic animal was the aggressor. For the purposes of Subsection B(1) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

SECTION 8. ORDER AND SCHEDULE FOR COMPLIANCE FOR POTENTIALLY DANGEROUS DOG; CONDITIONS.

If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

(1) To apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to N.J.S.A.:19-15.2 for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to this article. The owner shall at his own expense have the registration number tattooed upon he dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number and red identification tag.

(2) To display in a conspicuous manner a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to subsection A(93) of this section.

(3) To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the animal control officer having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.

B. May require the owner to maintain liability insurance in an amount determined by the municipal court to cover any damage or in jury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to name as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order or judgment, including any conditions attached thereto, of a municipal court pursuant to N.J.S.A. 4:19-17 et seq. by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction

A. If a dog is declared vicious or potentially dangerous and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The Municipality may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal depository, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.

B. If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.

If the municipal court finds that the dog is not vicious or potentially dangerous, the municipal court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.

A. Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination.

B. Notify the licensing authority, local police department or force and the Animal Control Officer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.

C. Notify the licensing authority, local police department or force and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog.

D. Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.

E. Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force and Animal Control Officer of that municipality of the transfer of ownership and name, address and telephone number of the new owner.

F. In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3, pay a potentially dangerous license fee to the municipality as provided by N.J.S.A. 4:19-31.

SECTION 13. VIOLATIONS BY OWNER: PENALTIES, ENFORCEMENT; SEIZURE AND IMPOUNDMENT OF DOG; DESTRUCTION BY ORDER OF THE COURT.

The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this article or any rule or regulation adopted pursuant thereto or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000.00 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The municipal court shall have jurisdiction to enforce this section. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17 et seq. or any rule or regulation adopted pursuant thereto, or a court's order. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

SECTION 14. POTENTIALLY DANGEROUS DOG REGISTRATION NUMBER, RED IDENTIFICATION TAG AND LICENSE ISSUANCE, TELEPHONE NUMBER TO REPORT VIOLATIONS PUBLICITY

A. Issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders. The last three digits of each potentially dangerous dog registration number issued by a municipality will be the three-number code assigned to that municipality in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify in writing compliance to the Township Clerk or other official designated to license dogs in the municipality.

B. Publicize a telephone number for reporting violations of this article. This telephone number shall be forwarded to the department and any changes in this number shall be reported immediately to the department.

Each person who shall own, possess, keep or harbor any potentially dangerous dog or dogs shall obtain an annual license for each dog and shall have the same registered and numbered with the Township Clerk, and for such license shall pay the sum of $700.00, as a license fee for each and every potentially dangerous dog. Said license fee shall be in lieu of the dog license fee required pursuant to the Code of the Township of Old Bridge.

The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with this article.

SECTION 17. DEPOSIT AND USE OF FINES AND FEES

All fines and fees collected or received by the Township pursuant to this article shall be deposited in a special account and used by the Township to administer and enforce the provisions of this article.

SECTION 18. INAPPLICABILITY OF ARTICLE TO DOGS USED FOR LAW ENFORCEMENT ACTIVITIES

The provisions of this article shall not apply to dogs used for law enforcement activities.

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

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

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

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

Attorney Convery reviewed this ordinance with Lt. McNamara and reviewed ordinances of other Townships. The one issue that needs to be resolved is a license fee, if one is not set by the Township, the fee set by the State is $150.00. The maximum fee that can be imposed is $700.00.

Attorney Convery stated that it does not mention a specific breed, just certain criteria that denotes a potential dangerous dogs.

Councilman Calogera is concerned that this ordinance will allow someone to own a dangerous dog by just paying a fee of $150.00 - $700.00.

Councilman Testino stated that he believes the amount of the fee would be a deterrent to owning a known dangerous dog.

Councilman Gillespie stated that the fee is meant to be a punitive action, because if by the dogs own action or behavior it would fall into the category of a dangerous dog. If we want to take the ultimate deterrent the fee should be set at the maximum of $700.00.

President Baker stated that the maximum fee of $700.00 is the choice of the council.

ORDINANCE FOR FIRST READING

WHEREAS, it appears that there is no longer an Advisory Board of Health within the Township of Old Bridge; and

WHEREAS, there is a need for an additional member on the Multiple-Dwelling Emergency Commission; and

WHEREAS, the Rent Stabilization Board has requested that one of its members be appointed by the Township Council to serve on the Multiple Dwelling Emergency Commission.

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

The purpose of this ordinance is to amend Section 2-21 Multiple Dwelling Emergency Commission in regard to membership of said Commission.

Section 2-21 Multiple Dwelling Emergency Commission is hereby amended in part as follows:

2-2.1 Establishment; Membership, There shall be a Multiple-Dwelling Emergency Commission in the Township. Its members shall be appointed by the Township Council and shall serve without compensation at the pleasure of the Council. The membership of the Commission shall consist of the Health Officer, the Construction Code Official, the Finance Director, one (1) member of the Rent Stabilization Board and one (1) member of the Township Council, who shall be Chairman. Any conduct or action of the Commission authorized by this section and Section 11-4 shall be deemed valid and effective when taken by any three (3) members of the Commission. At any meeting of the Commission, a quorum shall consist of a majority of the membership of the Commission.

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

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

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

Attorney Convery stated that this is ordinance creates a position on the Multiple-Dwelling Commission. The appointment would be a member of the Rent Stabilization Board.

Attorney Convery stated that this committee would assist with homelessness from an emergency in case of a fire or other disaster.

ORDINANCE FOR FIRST READING

AN ORDINANCE AUTHORIZING INCREASE IN ICE SKATING FEES AT THE OLD BRIDGE ARENA FOR THE 2005-2006 SEASON

WHEREAS, the Old Bridge Ice Arena is wholly owned by the Township of Old Bridge and is empowered to set fees for admission and use; and

WHEREAS, the Director of Recreation has reviewed the Ice Rink Fees contained in Section 5.10.1 Ice Rink Fees and has recommended an increase in fees for the 2005-2006 skating season.

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

This ordinance is adopted for the purpose of amending Section 5-10.1 Ice Rink Fees as follows:

1. Adult Resident $6.00
2. Adult Non-Resident $8.00
3. Student Resident/Senior Citizen Resident (62 and over) $5.00
4. Student Non-Resident/Senior Citizen Non-Resident (62 and over) $6.00
5. Child Resident (12 or under) $4.00
6. Child Non-Resident (12 or under) $5.00
7. Resident I.D.Card Fee No Charge
8. Ice Skate Rental $5.00

1. General Ice Hockey and Figure Skating
a. Prime Time - $300.00 per hour (Saturday, Sunday & Holidays until midnight)
b. Off Prime Time - $250.00 per hour

2. Old Bridge Ice Hockey and Figure Skating
1. Prime Time - $220.00 per hour (Saturday, Sunday & Holidays until midnight)
2. Off Prime Time - $200.00 per hour

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

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

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

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

Councilman Calogera asked if the 25% increase for residents vs. non-residents was feasible.

Mr. Badcock stated that the fees are reasonable and that reason that the non-resident rate is not higher because there would be the chance of pricing ourselves out of the non-resident market, which would hurt the residents because their fees would increase. Mr. Badcock stated that 60% of the usage was from nonresidents.

Mr. Badcock stated that they did not pay a rate, they just pay for the Zamboni use and one of employees to open the arena at non-prime time. All the maintenance costs are recovered from the Board of Education.

Councilman Maher asked if the Board of Education still charges us for the use of the schools for the Basketball Leagues.

Mr. Badcock stated that we are charged for a custodian cost for the weekends, which we are obligated because of their contractual agreements.

ORDINANCE FOR FIRST READING

ORDINANCE AMENDING CHAPTER XI, BUILDING AND HOUSING SECTION 11-1.4 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF OLD BRIDGE

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Code of the Township of Old Bridge, Chapter XI, Building and Housing, Section 11-1.4 of the Revised General Ordinances (R.G.O.) shall be amended and supplemented as herein below set forth:

A. Building Sub code Fees.

1. For new construction and additions the fees shall be calculated (by cubic feet)for the building or structure based on the following Use Groups:

a. Use Groups R-1, R-2, R-3, R-5, J – three and one-half cents ($0.035).
b. Use Groups A-1, A-2, A-3, A-4, A-5, I-1, I-2, I-3 – three and one- half cents ($0.035).
c. Use Groups B, E, F-1, F-2, M, S-1, S-2, U – three and one-half cents ($0.035).
d. There will be a minimum fee of $200.00 for new construction permits or for additions.

2. For renovations, alterations and repairs, the fees shall be based on the estimated cost of construction and shall be based on $15.00 per $1,000.00. Fees shall be rounded to the nearest dollar amounts.

3. For a combination of renovations and additions, the sum of the fees shall be computed separately as renovations and alterations.

a. Installation of Swimming Pools and/or Spas: $85.00
b. Installation of above ground Pools: $50.00
c. Installation of a fence for Swimming Pool $50.00
d. Installation of Wood Burning Stove or Pre-Fabricated Fireplace: $50.00
e. Installation of a Masonry Fireplace: $75.00
f. Installation of Windows: $50.00
g. Installation of Temporary Structures: $ 50.00
h. Installation of a Wooden Deck ( Use Group R): Under 12 square feet: $50.00 - Over 12 square feet: $85.00
i. Satellite (Dish-type) Antennas: $50.00
j. Roof Replacement (Use Group R-3 and R-4): $50.00 - With plywood replacement: $85.00 (in multiple family buildings price is per upper floor unit)
k. Commercial Roof Replacement: based on renovation and repair schedule.
l. Installation/replacement of Exterior Siding (Use Group R-3 and R-4): $50.00
m. Demolition of Structure: R-3 under 5000 sq ft/30 ft height: $50.00 - all others: $130.00 - Interior demolition $50.00
n. Installation of a sign: $1.00/square foot surface area.
o. Installation of Elevator: $100.00/car
p. Asbestos Removal Permit: $50.00
q. Lead abatement: $50.00
r. Sheds under 200 sq.ft. $65.00
s. Aluminum three season rooms – on existing deck : $10.00 per $1,000.00 - On new deck: $75.00 plus $10.00 per $1,000.00

5. The Training Fee shall be collected at the rate in effect at the time of permit issuance as per N.J.A.C. 5:23-4.19(b).

a. Certificate of Occupancy (CO): $100.00
b. Certificate of Continued Occupancy (CCO): $200.00
c. Certificate of Clearance (Lead) $50.00
d. Use Group Change: $100.00
e. Annual Permit Fee shall be as specified in N.J.A.C.5:23-4.20(c)5.
f. Variation Application: $300.00 (Building Codes)
g. Temporary Certificate of Occupancy $100.00

9. A Non-Refundable Deposit of $100.00 shall be submitted with all permit applications for new construction, additions or major renovations as per N.J.A.C. 5:23-4.18(a)(1).

Installations of the following:
a. Water Closet $15.00
b. Urinal/Bidet $15.00
c. Bathtub $15.00
d. Lavatory $15.00
e. Shower $15.00
f. Floor Drain $15.00
g. Sink $15.00
h. Dishwasher $15.00
i. Drink Fountain $15.00
j. Washing Machine $15.00
k. Hose Bib $15.00
l. Gas Piping $25.00/unit
m. Fuel Oil Piping $45.00
n. Steam Boiler $75.00
o. Hot Water Boiler $75.00
p. Water Heater $35.00
q. Residential Single Fixture Sewer Pump $75.00 - Residential Multi-Fixture Sewer Pump $100.00 - Commercial Sewer Pump $200.00
r. Interceptor $75.00
s. Comm. Backflow $65.00
t. Water cool/AC or refrig. unit - Residential $25.00 - Commercial $50.00
u. Sewer Connection $75.00
v. Water Service $75.00
w. Active Solar Sys. $50.00
x. Vents/stacks $20.00/vent/stack
y. Lawn Sprinkler Sys. $50.00
z. Water Filter/cond. System $50.00
aa. Sump Pump $25.00
bb. Roof Drains $25.00/drain
cc. Condensate drain $25.00/unit
dd. Medical gas sys. $100.00 flat
ee. Pressure Booster $50.00
ff. Pool Heater $75.00

2. Demolition of a Structure to include capping of sewer and water services is $50.00.

3. Annual permits = fee charged as per current NJAC 5:23-4.20(c)5, State of New Jersey Uniform Construction Code.

5. Annual re-certification of commercial back flow preventers as per NJAC 5:23-2.23(k) $35.00/unit

2. Motors and Electrical Devices over 1 HP to 10 HP $45.00
up to 50 HP $65.00
up to 100 HP $170.00
larger than above $450.00

3. Transformers and Generators - over 1 KW to 10 KW $40.00
up to 45 KW $65.00
up to 121.5 KW $130.00
larger than above $450.00

4. Service Panels, Entrances and Subpanels
up to 100 amps $50.00
up to 200 amps $85.00
Larger than above $450.00

5. Any installation of any wiring or any voltages operating at 10 volts or more must comply with N.J.S.A. 45:5A et. seq., which is the Electrical Contractors Licensing Act of 1962.

6. For any inspection of any discipline (i.e. Building, Electric, Plumbing, Fire) where violations previously cited have not been abated and the third visit to the premises has been made, there shall be imposed a penalty (as required by the Administrative Code of New Jersey, N.J.A.C. 5:23-2.18 (c) and 2.31(c), equal to the original fee charged for that Subcode but not to exceed $75.00.

7. The following flat fees are hereby established:
a. Annual commercial pool permit $100.00
b. Residential above ground pool permit $75.00
c. Residential in-ground pool permit $145.00
d. Air conditioner over 1 hp $40.00
e. Electrical signs $50.00

8. Annual permits - fee charged as per current NJAC 5:23-4.20 (c)5, State of New Jersey Uniform Construction Code.

A. Wet and/or Dry Sprinkler Heads 1-20 $75.00
21-100 $105.00
101-200 $225.00
201-400 $450.00
401-1000 $775.00
over 1000 $800.00

B. Smoke and Heat Detectors 1-5 $35.00
6-10 $45.00
11- 15 $75.00
16 -20 $85.00
21- 25 $95.00
26-30 $105.00
Over 30 $115.00

Manual Pull stations(Each) $20.00
Audible devices (Each) $20.00
Control panel $50.00
Tamper & supervisory switches (Each) $20.00
Fire alarm device changes (Each) $20.00

C. Pre-Engineered Systems
     a. Carbon Dioxide (CO2) $100.00
     b. Foam Suppression $150.00
     c. Wet Chemical $100.00
     d. Clean agent $100.00
D. Standpipes $175.00 /riser
E. Kitchen Hood Exhaust Systems $85.00
F. Incinerators and Crematoriums $450.00
G. Gas or Oil fired Appliance $35.00
H. Smoke Control Systems $250.00
I. Underground Fire Mains $50.00
J. Fire Pump (Review & Field Accept.) $250.00
K. Fire Alarm Device changes $20.00/device
L. Flammable or Combustible Liquid Tank Installations:
     a. up to 275 gallons $75.00/tank
     b. 275 to 1000 gallons $100.00/tank
     c. 1000 gallons to 2000 gallon $150.00/tank
     d. Over 2000 gallons $260.00/tank
M. Removal or Abandonment of AST or UST - up to 275 gallons $60.00/tank -up to 1000 gallons $100.00/tank - over 1000 gallons $260.00/tank
N. Minimum Fee $50.00

E) Mechanical Fees
     a. For the direct replacement of a hot air furnace in residential structures(R-3,R-4) the fee shall be a flat fee of $60.00.
     b.Chimney liners $50.00
     c.Gas fireplaces $45.00

F. Elevator Subcode Fees
     a. Elevator Registration and Fees shall be as per N.J.A.C.5:23, Subchapter 12.

The Township of Old Bridge shall enforce the requirements of N.J.S.A. 45:5A et seq., otherwise known as the Electrical Contractors Licensing Act of 1962, including any and all amendments as enacted.

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

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

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

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

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

Attorney Convery stated that these are sub-code fees with regard to the State Building Codes. Mr. Alex Tucciarone has recommended increasing these fees.

Councilwoman Panos requested a copy of the old fees to compare these increases. Councilwoman Panos asked if the fees for windows was $50.00 a piece or for the whole house.

Held until next meeting for more information and for consultation from the codification company.

Ordinance amending Housing Inspection Fee Ordinance for single and multiple residential dwellings.

Held until next meeting for more information and for consultation from the codification company.

ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, BY AMENDING SECTION 2-34, VOLUNTEER INCENTIVES

The purpose of this Ordinance is to amend the volunteer incentive section regarding building permits.

4. Building permits are to be issued to volunteers only for residences which they own and occupy.

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

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.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs firs.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:59A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

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

Clerk Rose-Marie Saracino stated that you needed to be a member in good standing for one year or more.

Clerk Saracino responded these benefits were for the Old Bridge First Aid Squads, Volunteer Fire Departments and Auxiliary Police.

Councilwoman Panos asked if other volunteers, such as the food bank volunteers could be included in this.

Attorney Convery stated that this ordinance is just a clarification regarding the issuance of building permits to volunteers. Mr. Convery suggested discussing other agencies for inclusion at a later date.

DO-1 Ordinance amending the Land Development Ordinance concerning Affordable Housing Fees. (JJC)

Attorney Convery suggested that no formal action be taken tonight because officials from the Township are going to be meeting with COAH this week to discuss the third round provisions and there is already an Ordinance in place that sets these affordable housing fees and COAH has now allowed these to be increased. There is some information that is needed before we introduce this. The Planning Board is going to be doing a survey to see what other towns are doing. and municipalities are now allowed to charge affordable housing fees for non-residential developments. Mr. Convery stated that input from the Economic Development Corporation should have an opportunity to be heard on this.

Attorney Convery stated that right now, the maximum is ½ of 1 % of residential development only, the maximum is now 1%. There is currently no charge for non-residential development and the State will allow you to charge 2%.

Councilman Calogera asked if we increase the fee to 1%, would that give the Township more COAH credits.

Attorney Convery stated that it would give the township more money to meet its obligations.

Councilman Calogera supports increasing the fee to 1% for the residential developers. Councilman Calogera stated that he is not in favor of instituting a fee of any amount to non-residential development because he does not want to hinder ratable development in the Township. Councilman Calogera requested an opinion from the EDC on this.

Councilman Gillespie stated that the issue hasn't come up before because until COAH's third round rules were approved, there was no fee on commercial development. Old Bridge did have a fee that was imposed and litigated in the 1980's and Old Bridge's position was upheld. Now that COAH had allowed this fee on commercial development, more information should be gotten from other towns. Councilman Gillespie stated that the EDC will discuss this option at their next meeting and recommended holding off on passage of this ordinance.

Councilwoman Panos asked why commercial development would be included in an ordinance for Affordable Housing.

Attorney Convery stated that the third round states that the township has an obligation because of jobs that are created. COAH is looking at the number of jobs that are created for which there is a formula for your housing obligation.

Mr. Jacobs stated that the Township is not just allowed to collect a fee, it places requirements to provide affordable housing.

President Baker opened the public portion on the Consent Agenda

Ms. Linda Seiler addressed the Council on Resolution #377-2005 (Hudilik & Morrison Appointment of Auditor) and the inquired as to the reason this was not approved in June or July.

Mr. Shah stated the resolution tonight is for the appointment and the contract, usually the contract is done later than the appointment. The reason this is being approved tonight is because this was the earliest that Mr. Shah could certify the funds.

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.

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

RA62-05 St. Thomas the Apostle HSA
RA63-05 St. Thomas the Apostle HSA
RA64-05 St. Thomas the Apostle HSA
RA65-05 St. Thomas the Apostle HSA

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

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

RESOLUTION MEMORIALIZING REDUCTION OF PERFORMANCE GUARANTEE FOR T&J.K. ASSOCIATES, LLC.

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

WHEREAS, T & J.K. Associates, LLC, located at Block 2120, Lot 2.13, Old Bridge Township sought a release of their performance guarantee; and

WHEREAS, a hearing was held on July 11, 2005 at which time the Township Engineering Consultant and the Township Council were heard; and

WHEREAS, the Consulting Engineer, CME Associates has performed an inspection and determined that the bonded items are substantially complete; and

WHEREAS, the Consulting Engineer CME Associates, by memorandum dated July 8, 2005 recommends the following reduction:

Performance Bond $109,917.00
This Reduction Amount $ 79,941.90
Bond Reduced to: $32,975.10

Original Cash Deposit $12,213.00
This Reduction Amount $8,549.10 (To be returned)
Cash to be Retained $3,663.90

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee for T & J.K. Associates, LLC be reduced as indicated above.

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

AYES: Councilmen Calogera, Gillespie, 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, a petty cash fund has been established for the Department of Engineering; and

WHEREAS, N.J.S.A. 40A:5-21 requires the adoption of a resolution by the governing body for the purpose of notification to the Division of Local Government Services regarding the change of an individual designated as custodian of a petty cash fund; and

WHEREAS, the Township Council wishes to change the custodian of the petty cash fund established for the Department of Engineering.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Acting Township Engineering, Pinder Sumal, is hereby authorized to act as custodian of such fund in the amount of $100.00

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

AYES: Councilmen Calogera, Gillespie, 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, it is necessary to formally cancel the outstanding grant balance listed below:

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed grant totaling $4,827.00 receivable and $4,427.00 appropriation be canceled

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

AYES: Councilmen Calogera, Gillespie, 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:

RESOLUTION #375-05

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 $12,000.00 be made between the Current SFY 2006 Budget as follows:

GENERAL ACCOUNT
Department From To
Planning & Development – Salaries & Wages $12,000.00
Recycling – Other Expenses $12,000.00
$12,000.00 $12,000.00

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

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

RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR CONTRACT #2005-01 WITH PIONEER GENERAL CONTRACTING CO., INC. FOR DRAINAGE IMPROVEMENTS

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 previously authorized Contract #2005-01 with the firm of Pioneer General Contracting Co., Inc. for drainage improvements at Orchard Drive & Farmbrook Drive Intersection and Washington Avenue (From House #63 to Intersection at Venus Avenue); and

WHEREAS, Pioneer General Contracting Co., Inc. has requested Change Order No. 1 to increase the amount of the contract to make necessary drainage improvements to Orchard Drive & Farmbrook Drive Intersection and Washington Avenue (From House #63 to Intersection at Venus Avenue).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No. 1 is hereby authorized as set forth on the Change Order (on file with the Township Clerk).

BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:

ORIGINAL CONTRACT $194,985.00
CHANGE ORDER #1 $37,915.00
NEW AUTHORIZED TOTAL $232,900.00

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1365 certifying the existence of a sufficient appropriation to fund the said contract.

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

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

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

RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR AUDITING SERVICES TO HODULIK & MORRISON, P.A.

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 accounting firm for auditing services for the Township of Bridge; and

WHEREAS, Hodulik & Morrison, P.A. is a licensed New Jersey accounting firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract for auditing services to Hodulik & Morrison, P.A., located at 112 Raritan Avenue, P.O. Box 1450, Highland Park, NJ 08904

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. Hodulik & Morrison, P.A. is hereby awarded a contract for the State Fiscal Year ending June 30, 2006 for auditing services for the Township of Old Bridge in an amount not to exceed $60,000.00

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1366 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.

This Resolution is conditioned upon the following:

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

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 President Baker and so ordered on the following roll call vote:

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

RESOLUTION AUTHORIZING OLD BRIDGE TOWNSHIP TO APPLY FOR THE HIGHWAY SAFETY FUND PROGRAM GRANT THROUGH THE NJDOT

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 aware of funding through the NJDOT for the Highway Safety Fund Program Grant; and

WHEREAS, the Township of Old Bridge is a major commuter corridor which includes State Highways Route 9, Route 18, Route 34, Route 35 and the Garden State Parkway, as well as County Route 516, Route 520, Route 527 and Route 645; and

WHEREAS, the Old Bridge Township Police Department aggressively patrols these highways and roads with normal police patrol units and specialized traffic and safety unit. Since 2004, the Police Department has made a significant effort to modernize the force by purchasing radar units and equipping patrol cars with mobile data terminals (lap top computers) capable of communicating with the State Criminal Justice Information System and Motor Vehicle Services databases, in an effort to maximize the efficiency of Police Officers engaged in traffic enforcement operations; and

WHEREAS, the Township of Old Bridge wishes to make an application to the NJDOT for the Highway Safety Fund Program Grant in the amount of $25,000.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby authorizes the Mayor and Township Clerk to execute the application for the Highway Safety Fund Program Grant through the NJDOT in the amount of $25,000.00.

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

RESOLUTION AUTHORIZING FIREWORKS AT THE LAURENCE HARBOR BEACH FRONT ON SATURDAY, AUGUST 13, 2005 (RAIN DATE AUGUST 14, 2005)

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

WHEREAS, Salt Water Day will be held at the Laurence Harbor Beachfront on Saturday August 13, 2005; and

WHEREAS, a request has been made to hold a fireworks display on Saturday, August 13, 2005 (rain date August 14, 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 on Salt Water Day at the Laurence Harbor Beach Front is hereby approved contingent upon receipt of Insurance Certificates for the Township of Old Bridge and Fire District and subject to all fire safety conditions being met, and the proper permits being obtained from the fire official.

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

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

Deputy Clerk Ward stated that an insurance certificate will be received before the event.

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JOSEPH BENEDICT, ESQ. IN REGARD TO REPRESENTATION OF POLICE OFFICER MICHAEL KRZYWDZINSKY

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

RESOLUTION #380-05

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation in regard to complaints filed against Police Officer Michael Krzywdzinski; and

WHEREAS, Joseph Benedict, Esq. located at 247 Livingston Avenue, New Brunswick, NJ 08901 is a licensed New Jersey Attorney and is recognized as capable and available to undertake such work.

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

1. The contract for professional services is authorized to be entered into with Joseph Benedict, Esq. in the usual form.

2. The scope of the work to be performed by Joseph Benedict, Esq. shall be representation for Police Officer Michael Krzywdzinski in the matter known as Knowles vs. Krzywdzinski.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds No. 1364 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget years, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

1. This is a contract for professional services in accordance with New Jersey Public Contracts Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation of Police Officer Michael Krzywdzinski.

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 the above requirements are executed.

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

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

Councilman Maher asked if there was any legal recourse for frivolous lawsuits against police officers.

Attorney Convery stated that this is a difficult issue. If the township could prove that this was fraudulent or malicious intent, the police officer and the town would have the option of civil litigation against the individual.

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JOSEPH BENEDICT, ESQ. IN REGARD TO REPRESENTATION OF POLICE OFFICER TREVOR HAUGHNEY

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

RESOLUTION #381-05

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation in regard to complaints filed against Police Officer Trevor Haughney; and

WHEREAS, Joseph Benedict, Esq. located at 247 Livingston Avenue, New Brunswick, NJ 08901 is a licensed New Jersey Attorney and is recognized as capable and available to undertake such work.

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

1. The contract for professional services is authorized to be entered into with Joseph Benedict, Esq. in the usual form.

2. The scope of the work to be performed by Joseph Benedict, Esq. shall be representation for Police Officer Trevor Haughney in the matter known as State vs. Police Officer Trevor Haughney, Badge #210.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds No. 1363 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

Budget Year ____FY 2005/2006______
Cert No. ______1363___________
Amount $2,500.00