OLD BRIDGE TOWNSHIP COUNCIL

COMBINED MEETING

September 12, 2005

RESOLUTION NO. 424

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 September 12, 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 September 12, 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 $784,637.82

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

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

NAYS: None.

BILL LIST

RESOLUTION NO. 425

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 September 12, 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 September 12, 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 $41,108.21 (Overtime)

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.

NAYS: Councilmen Calogera, Maher

BILL LIST

RESOLUTION NO. 426

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 September 12, 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 September 12, 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 $10,000.00 (Accounts Payable)

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

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

NAYS: None.

PRELIMINARY PUBLIC COMMENTS

Anita Clavering expressed concern regarding the fact that the revised handicapped signs indicating the $250.00 fine for parking violations have not been replaced. She advised Chief Collow by letter of same and to date nothing has been done.

Dr. Anita Greenberg expressed concern regarding a letter sent home with the 4th Graders at McDivitt School. The letter on McDivitt letterhead was unsigned. Dr. Greenberg felt the letter was a political ploy to gain recognition for Mr. Baker. The letter indicated that Council President Baker and the Police department had "come to the rescue" with regard to a field trip for the students to the 911 memorial, which had been canceled and then rescheduled due to Mr. Baker's intercession.

President Baker denied being involved with this letter or having any knowledge of same.

Linda Seiler agreed with Dr. Greenberg about not making simple things into political battles. She expressed concern over zoning board approvals given for the building of 850 homes known as Northwood Manor. This administration should be more responsible to the people and the promises made about over development.

President Baker closed the preliminary public portion.

PROCLAMATION

Ovarian Cancer Awareness Month

Mayor Phillips asked Councilwoman Panos to read the Proclamation which was then presented to Joe Criscuolo whose sister lost her life to ovarian cancer.

Mayor Phillips also announced that he has received notification from the Governor's office regarding the appointment of Bethany Rocque Romaine to the Housing Authority replacing Betty English who retired as of September 6, 2005. Mayor Phillips expressed thanks on behalf of the township to Ms. English for her years of service.

GUEST PRESENTATION

Far Hills Capital Partners, LLC for the Redevelopment Plan of the Old Bridge Golf Course.

RESOLUTION NO. 427

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

WHEREAS, the Old Bridge Golf Committee has reviewed and unanimously endorsed the "Old Bridge Golf Course" proposal submitted by Old Bridge GC Partners, LLC and Far Hills Capital Partners, LLC dated July 15, 2005; and

WHEREAS, the Township Council heard an extensive presentation from said entities at its meeting on September 12, 2005; and

WHEREAS, the Township Council on April 6, 2004 by Resolution No. 145 instructed the Old Bridge Planning Board to undertake a preliminary investigation to determine if the Rose and Lambertson Farms are areas in need of redevelopment in accordance with NJSA40A:12A-6; and

WHEREAS, the Old Bridge Planning Board, after a public hearing on April 6, 2004 determined the Rose and Lambertson Farms to be qualified as a redevelopment area in accordance with NJSA40A:12-6; and

WHEREAS, the Township Council is desirous of going forward with development of a Township Golf Course at the Rose and Lambertson Farm sites as expeditiously as possible in accordance with State law.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby accepts the unanimous recommendation of the Old Bridge Golf Committee in support of the "Old Bridge Golf Course" proposal submitted by Old Bridge GC Partners, LLC and Far Hills Capital Partners LLC, dated July 15, 2005; and

IT IS FURTHER RESOLVED that this particular "Old Bridge Golf Course" proposal be referred to our Township Officials to incorporate same into a formal Redevelopment Plan in compliance with the Local Redevelopment and Housing Law (LRHL).

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

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

NAYS: None.

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

President Baker introduced Councilman Testino who as Chairman of the Golf Committee made the introductory statement regarding the golf course.

Councilman Testino expressed his enthusiasm for the possibility of a premier golf course to be located in Old Bridge Township. The committee has been meeting for approximately three years to make this golf course a reality. He thanked the members of the committee for all their hard work and he especially thanked Tom Badcock for his enthusiasm and hard work in moving this project forward.

Tom Badcock stated that the partnering with Far Hills Partners is a great asset and a great golf course will result from this joint venture. The site selected is a great one for a golf course located within Old Bridge Township. Mr. Badcock noted the names and credentials of all the participating parties involved in the design and building of the golf course as follows:

Kelly Blake Moran, Old Bridge Partners, LLC, and Far Hills Capital Partners, LLC are the principles in this venture. The team is lead by golf architect Kelly Blake Moran and he has assembled for this project a group of distinguished partners who share in the vision of this golf course in Old Bridge.

Course Maintenance will be provided by Paul Ramina; Course construction will be provided by Pavlec Brothers and Ellwood Williard who have worked on some of the finest golf courses. The Clubhouse Architecture will be designed by Thorpe Moeckel, Moeckel-Carbonell Associates who have designed over 35 clubhouses in the Philadelphia metropolitan area. The food and beverage design will be handled by Davis Sezna, Tandem Hospitality who have been recognized for their design and execution of food services for public and private golf facilities. Public Relations and Marketing will be handled by Karen Moraghan of Hunter Public Relations. Clubhouse Construction Management will be handled by David O'Connell, JMOC Builders and lastly the financial Management will be handled by Peter Zurkow, Steve Lapper and Frank Drazka all with long resumes in money management

Tom Badcock advised that a copy of the proposal by Far Hills Capital Partners, LLC will be available for review by the public in the Recreation Department.

Steve Lapper stated that they have a high expectations for this golf course project and make it a community asset.

Peter Zurkow stated he is looking forward to getting this project off the ground and working with the team they have assembled and to bring forth a premier golf course for Old Bridge.

Davis Sezna, of Tandam Hospitality stated that they expect the clubhouse food and service to be great and to offer an excellent restaurant facility as well as a catering hall that will accommodate up to 250 guests.

Kelly Blake Moran the golf course architect exhibited plans for the golf course and clubhouse design which will be situated on 280 acres of the Rose and Lambertson farms. He envisions this course as being playable for all types of golfers and will incorporate junior tees into the planning for the younger golfers. Mr. Moran stated that he has walked the proposed site many times and this area lends itself to the construction of a golf course and is one of the most beautiful sites he has worked with.

President Baker opened the discussion to the public.

Wayne Farmer of Farrington Road is in favor of the golf course however he wanted to make sure that some of the big, substantial trees would not be removed from the property.

Peter Zurkow responded that the plan was to remove as little of the trees as possible.

Steve Lapper stated that those familiar with property know about the Smith farm house and they will be restoring that building and the barn so that it will remain as part of the original landscape.

Barbara Cannon stated that she remembered when the township purchased this land and it certainly is a beautiful piece of property and although she is not a golfer she is looking forward to having the golf course here in Old Bridge. She also inquired about the location of the parking facilities.

Peter Zurkow responded that the parking lots will be located at the corners of Lambertson Road and Amboy Roads. A natural buffer of trees and landscaping will surround this area of approximately 180 spaces.

Mr. Blake Moran wants to reassure the residents in the area that very few trees will be removed especially those of substantial size and diameter and the natural buffer of trees will be maintained.

Ann Miller, Chairwoman of the Historical Preservation Committee thanked the presenters for saving the trees and the site of the original farm house which is located on the property.

Linda Seiler agreed with Ms. Miller about the trees and farm house. She expressed concern about passing the resolution since no information was available prior to this meeting and until the public has had more time to review the proposal.

Councilman Testino stated this resolution is just for the purpose of showing support for the project and for getting it to the next step before the planning and zoning boards for the redevelopment of this area.

Attorney Convery explained that this is a request for the Council to express its support for the project and not to do any redevelopment plan. It is not a proposal to build a golf course, any redevelopment will have to go before the planning board and the public will be advised of that hearing and be able to take part in the discussion. This resolution requested by the Golf Committee is to show unanimous support for this proposal and to move forward to the township officials a formalized redevelopment plan under New Jersey State Law.

Peter Geller stated that he was a resident of Old Bridge for twenty-nine years and was looking forward to this project. He inquired as to the location of any local courses designed by Mr. Moran.

Mr. Moran stated the closest one was Hot Point located off Rt.78 in Clinton.

Evelyn Green of Farrington Road inquired if there would be any zoning changes to the surrounding properties and what is the expected time frame for construction.

Attorney Convery assured that the surrounding areas would not be rezoned.

Steve Lapper stated that they would love to give an exact time line, however there are many factors including going before the various committees for approval as well getting DEP and engineering approvals and of course dealing with Mother Nature. The growing season for golf courses is one-two years and we hope to be teeing off in the Spring of 2008.

Gary Brown wished to congratulate the Golf Committee on their work and to remind everyone that the idea started with former Mayor Cannon who was instrumental in purchasing this property and that this is a wonderful premise.

Seeing no further hands President Baker closed the public portion.

Councilwoman Panos expressed her thanks to the golf committee for their work. She expressed concern over the 3rd tee's location and its proximity to road and balls possibly hitting cars.

Kelly Blake Moran stated that there will be a natural buffer of trees along the property and they will not be disturbed. Some balls may get into the road, but it would not be something that would happen consistently.

Councilwoman Panos inquired as to how many people could the banquet hall accommodate?

Kelly Blake Moran responded between 230-250 guests.

Councilwoman Panos inquired as to any partnership fee?

Councilman Testino stated that this matter will be a part of the negotiations further down the road.

Councilwoman Panos inquired as to who will be hiring the individuals for the project?

Councilman Testino responded that the proposals speak for themselves and Far Hills Partners will be responsible for picking their own design, building and management team.

Councilman Calogera stated that he was very happy with the presentation. He had a question regarding the water for the golf course.

Kelly Blake Moran stated that they will be acquiring 100,000 gallons per day from the aquifer and will be depositing it into the reservoir for storage.

Councilman Calogera inquired as to the use of gray water.

Steve Lapper responded that Robert Zellie of Mazur Consultants was in the audience this evening he would be able to answer this question.

Robert Zellie stated that he was a hydrologist who specialized in golf courses and he had been hired by Old Bridge Township three years ago to do a water feasibility study regarding the gray water usage and it was determined that the cost for the treatment would be very costly. He also stated that his recommendation to the architect would be not to irrigate the rough and that would cut down on a great deal of water usage and also the use of the detention pond not as a hazard, but rather as a part of the irrigation system which would also increase the water storage.

Councilman Calogera inquired as to the number of rounds estimated to be played per year.

Kelly Blake Moran stated that they are estimating 20,000 rounds per year initially, which could increase up to 40,000-44,000 per year. The most important thing is to establish a good foundation during the initial growing period of the first few years.

Councilman Calogera inquired as to the danger associated with crossing over the roadway at the third tee.

Kelly Blake Moran agreed with Councilman Calogera's concerns, and will work with the township to work through these traffic problems.

Councilman Calogera inquired as to the banquet facility being "open".

Peter Zurkow stated that the building would have sides so it could be used in most seasons and heating units could be brought in.

Councilman Calogera inquired as to the kitchen facilities and would they use the same kitchen for both the banquet hall and the clubhouse.

David O'Connell responded that the kitchen would be used for both facilities. He felt there would not be a problem because he thought that the efficiency of the operation depends on the staffing and service and they intend to make sure it is sufficient.

Councilman Calogera stated that this is township property and he would like to have assurance that the ownership of the land remains in the hands of the township regardless of whether or not their would be a change in partnership somewhere down the road. He has no problem with the redevelopment agency negotiating the conditions of the agreement, but would like assurances that the land itself remains township owned and not transferred to the redevelopment agency.

Peter Zurkow stated that the agreement would have provision for the protection of the township.

Councilman Calogera inquired if the deed agreement would come back before the Council?

Attorney Convery responded that there will be no deed, it will be a lease agreement and any and all terms will be approved by the Council.

Councilman Greene stated that he would like to thank everyone who was involved in supporting the construction of this golf course and would be supporting this partnership. Councilman Greene wants to make sure that the elected officials are part of the decision making plans and he requested an organizational chart of the principals involved.

Peter Zurkow responded that a chart was provided as part of the proposal.

Councilman Maher expressed his thanks to Far Hills Capital Partners for their presentation this evening. The golf course is long overdue and upon completion should make Old Bridge Township one of the premier communities in New Jersey. Councilman Maher inquired as to the whether or not there was a staging schedule for the golf course and was detention basin located on the western side of Partridge Road and not part of the facility?

Steve Lapper responded that they wished to use the land to the best possible design. They will build the golf course first, with the driving range a part of that portion, so that some revenue can be generated from its use. The pro shop, and a minimum food service operation will also be built. The clubhouse itself will be built a little further down the road after the course is operational. It is much easier to generate funding for a gold course as opposed to a club house.

Councilman Maher inquired as to when completion of the clubhouse could be expected?

Peter Zurkow responded that they anticipate a 2009 opening if the golf course opens in the Spring of 2008.

Councilman Gillespie stated that it was important to note that there was no contemplation for the township to provide any type of financial obligation or financial subsidy for the golf course. This group will assume all the financial responsibility of operation for the golf course. Councilman Gillespie stated that he was looking forward to being a part of this operation and was glad to offer support on behalf of the Council.

Councilman Butler expressed his thanks to all of the committee members for their hard work and to Far Hills Capital Partners for their presentation. Councilman Butler feels that the property lends itself to a golf course and will be a definite asset to Old Bridge.

Councilman Testino stated that he was extremely excited about this project and looks forward to working with the gentlemen from Far Hills Capital Partners and their associates. Councilman Testino stated that he was looking forward to being a part of this project and offered his support on behalf of the Council.

President Baker quoted "if you build it, they will come".

Mayor Phillips stated that the golf committee and the members of Far Hills Capital Partners have done a wonderful job and should be extremely proud of their efforts and was looking forward to the mutual partnership.

HEARING

H-1 Release/Reduction Performance Guarantee - Old Bridge Funeral Home (Attorney Requests Postponement Until 9/26/05)

H-2 Release/Reduction of Performance Guarantee - The Grande at Old Bridge

Attorney Convery stated that the report from CME Associates indicated that there were several issues that needed to be resolved before the release of the performance guarantee could be authorized and recommended carrying the matter for two weeks without renotifying property owners.

Donald Peppe the attorney representing Plaza Grande stated that the issues were minor and since the major portion of the work was completed on the bridge under the terms and conditions for construction and supervision were originally acceptable under the previous engineer, however now that CME is doing the engineering review there are some questions as to the supervision and construction of the project. The bridge is to be maintained by the homeowners association and is not the responsibility of Old Bridge Township

Gregory Valesi the engineer from CME stated that some additional information was required before they can recommend a release of the performance guarantee.

Donald Peppe stated that he will provide the additional information to CME prior to the next meeting.

Motion

Motion to Carry Plaza Grande Release/Reduction of Performance Guarantee to meeting of September 26, 2005 made by Councilman Butler, seconded by Council President Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Testino

H-3 Release/Reduction Performance Guarantee Rt. 526 Animal Hospital (Requested Postponement)

SECOND READING ORDINANCES

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO 27-2005

ORDINANCE AMENDING COMMERCIAL MAINTENANCE CODE (SECTION 11-3)

SECTION 1: PURPOSE

The purpose of this Ordinance is to amend the commercial inspection fee ordinance.

SECTION 2: AMENDMENT TO CHAPTER 11 - BUILDING AND HOUSING

Chapter XI - Building and Housing Section 11-3.3b is hereby amended as follows:

b. No owner, agent of owner, real estate agent or broker, firm, company, partnership, corporation or person or persons shall sell, rent, transfer, grant, lease, let, mortgage with right of occupancy thereof, whether or not for a consideration and whether such disposal of ownership or occupancy is temporary or permanent, any commercial premises until a certificate of approval is obtained from the Construction Official, stating that the building and premises comply with the requirements of this section. There shall be a fee of two hundred dollars ($200.00) per unit for the inspection, and any and all corrections noted by the Construction Official must be effected before issuance of the certificate of approval.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering 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 first.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

No Discussion

President Baker opened this matter to the public, seeing no hands he closed the public portion.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 28-2005

ORDINANCE AMENDING HOUSINGINSPECTION FEE ORDINANCE

SECTION 1: PURPOSE

The purpose of this Ordinance is to amend the housing inspection fee for single and multiple residential dwellings.

SECTION 2: AMENDMENT TO CHAPTER 11 - BUILDING AND HOUSING

Chapter 11 - Building and Housing Section 11-2.16b is hereby amended as follows:

b. There shall be a fee of one hundred dollars ($100.00) for all single family dwellings or duplexes and a fee of eighty five dollars ($85.00) per unit for each unit located within a multiple dwelling or apartment house, hotel, motel, rooming house, rooming unit or boarding house or similar type buildings and structures to cover the cost of inspection necessary to the issuance of the certificate of approval as required in this subsection, which shall be paid by the person disposing of the ownership or occupancy of the property. In the event the Construction Official is called upon by the owner to make an inspection and, having made said inspection, determines that the unit inspected is in such a condition as to require denial of a certificate and must therefore be re-inspected, an additional fee, equivalent to the initial inspection fee, shall be charged.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to 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 Councilman Calogera, 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.

NAYS: None.

ABSENT PODIUM: Councilman Testino.

No Discussion

President Baker opened the matter to the public, seeing no hands he closed the public portion.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 29-2005

ORDINANCE AMENDING CHAPTER II, ADMINISTRATION, SECTION 2-3.8 OF 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 as follows:

Section 1. Purpose

The purpose of this amendment is to amend Chapter II, Administration, Section 2-3.8 of the Revised General Ordinances of the Township of Old Bridge.

Section 2. Amendment to Chapter II, Administration, Section 2-3.8 of Revised General Ordinances

Chapter II, Administration, Subsection 2-3.8(f) is hereby amended to read as follows:

Section 3.8(f) Executive Sessions.

The Township Council shall keep reasonably comprehensive minutes of its Executive Sessions, showing the time and place, the members present, the subjects considered, the actions taken, and any other information required to be shown in the minutes by law. The executive session minutes, which need not be verbatim, shall be maintained by the Township Clerk, and shall remain the confidential and privileged property of the Township Council. Said minutes shall be retained by the Township Clerk, and shall not be released to anyone other than a Council member, the Mayor, the Business Administrator or the Township Attorney, without a formal motion for release to a third party and the affirmative vote of the Township Council.

Section 3. Inconsistent Ordinances

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering 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 Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

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

NAYS: Councilman Calogera, Councilwoman Panos.

President Baker opened this matter to the public:

Linda Seiler stated that she felt this ordinance violated the Sunshine Law and that the minutes from the Executive Session should be available to the public as soon as possible.

Seeing no further hands President Baker closed the public portion.

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

Attorney Convery stated that there could be repercussions if the township had litigation against it and these minutes needed to be produced. This ordinance gives better protection to the township and the Council and allows for Mr. Convery, as the township attorney to review the minutes, redact pertinent, sensitive information and then send to the Council for their approval to release the minutes. Under the present ordinance no one is permitted to review the minutes.

Councilman Calogera stated that he concurred in part with Mr. Convery. However, since the minutes were not verbatim, but rather an interpretation by the Clerk's office staff he felt that releasing the information was not problematic and would be voting against it.

Councilwoman Panos stated that she was not against non-verbatim minutes, however she did agree to the minutes coming before the Council for review. There is no reason for not releasing the minutes after the matter concerned has been resolved.

Attorney Convery stated it should be up to the Council as to when the Executive Session minutes would be released. Mr. Convery stated that the matter should be discussed with Clerk Rose-Marie Saracino and get her input as to setting up a profile for releasing this information. It was suggested that Ms. Saracino could prepare an annual report listing all the Executive Session Minute dates with their subject matter and it would given to the Council as a reminder of these sessions, so they could determine it the matter has been resolved and what information could be redacted and the balance of non-sensitive information released to the public.

Mayor Phillips stated that under the present ordinance our attorney Mr. Convery cannot review the minutes. When a matter is considered in Executive Session there needs to be someone to review the discussion and forward to the Council for their authorization to release same.

Councilman Gillespie stated that the Council should not be put in the position of having sensitive matters like contract negotiations and litigation matters made available to the public. This ordinance allows for the regulation of the review and release of the minutes with protection for the township.

MOTION

Motion to table Ordinance #29-2005 made by Councilman Calogera, seconded by Councilwoman Panos and so denied on the following roll call vote:

AYES: Councilman Calogera, Councilwoman Panos

NAYS: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, President Baker

DISCUSSION ORDINANCE

DO-1 Ordinance to establish and participate in a Joint Flood Control Commission.

Attorney Convery stated that he provided the information to the Council for their review and did not expect any action on this matter this evening. He will be preparing it in ordinance form for the next meeting at which time the Council can discuss the matter and consider entering into a Joint Flood Control Commission with the County and other towns.

DO-2 Codification Ordinance - Review of Final Draft

Attorney Convery advised that we now have one full codification book and rather than produce many copies for review, one copy will be placed in the Clerk's office so that members of the Council can stop by and review same. The book contains all the revisions as well as a comprehensive index. Upon approval same will be available on the web site.

Councilman Gillespie stated that it would be inconvenient to have the members of the Council stop by to review the codification book. He asked if Mr. Convery would prepare a draft or overview of the organizational and section changes that he felt were pertinent and should be brought to the Council's attention.

Attorney Convery stated that both would be done. A copy will be on file in the Clerk's office and he would prepare a draft of changes for the Council.

CONSENT AGENDA

Vice President Gillespie opened the Consent Agenda to the public:

Linda Seiler inquired about C-9 the Change Order for Contract #2005-24 regarding electrical work at Ticetown Road Athletic Fields. She was concerned about the additional monies in the change order and wanted to know if there was an error in the bid specs or whether the contract was underbid.

Joe Criscuolo responded that was not the case. The additional money is being taken from the original grant given by Middlesex County for the lighting. He observed that when the field lights are turned off the surrounding area is very dark and this additional money is to put lights in the parking area.

BINGO/RAFFLE

RESOLUTION NO. 428

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

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:

RL71-05 Southwood School PTA
RL72-05 St. Thomas HSA

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

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

NAYS: None.

CANCEL OR REFUND REAL ESTATE TAXES FOR FIVE PROPERTIES

RESOLUTION #429

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

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

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

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

Name & Block Lot Taxes Taxes Reason
Address Canceled Collected

Van Pelt 9 278 1,449.00 725.00 100% Disabled Vet - 278 Shoreland Circle
Township 2150 4.12 20.00 0.00 Deed Date 12/15/03 - Matawan Rd.
Torregiano 3236.13 8 3,884.90 1,942.45 100% Disabled Vet - 29 Woodsend Drive
Woodhaven 22140 30.17 3,469.72 0.00 Deed to Township Shadybrook Lane 6/16/04
Ryan 26026 23 2,019.32 0.00 100% Disabled Vet

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

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

NAYS: None.

CANCEL REAL ESTATE TAXES – DISABLED VETERAN – SEBASTIAN SULFARO

RESOLUTION #430

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

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

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

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector is hereby authorized to cancel the portion of the first half of 2005 taxes billed on the property.

FURTHER, BE IT RESOLVED that these tax payments be refunded as of the date of the 100% Disability Exemption.

Block/Lot Date of Disability Billing to be canceled Refund Amount

1551-150 2/1/05 $4,933.24 $3,499.50
Sebastian Sulfaro – 23 Exeter Street

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

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

NAYS: None.

DESIGNATING INDEPENDENCE SAVINGS BANK AS LEGAL DEPOSITORY

RESOLUTION #431

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

WHEREAS, the following bank is hereby designated as a legal depository for the Township of Old Bridge for a term ending on December 31, 2005

Independence Savings Bank

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

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

NAYS: None.

RESOLUTION AUTHORIZING INTER-LOCAL SERVICE AGREEMENT WITH PISCATAWAY TOWNSHIP IN A COOPERATIVE PRICING SYSTEM FOR PURCHASE OF LEAF BAGS

RESOLUTION #432

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

WHEREAS, the Township of Old Bridge is authorized to enter in an Inter-Local Service Agreement with Piscataway Township pursuant to N.J.S.A. 40A:11-11(c); and

WHEREAS, the Township of Old Bridge shall enter into an interlocal service agreement with Piscataway Township to participate in a cooperative pricing system for purchase of leaf bags; and

WHEREAS, this agreement is to effect substantial economies in the purchase of leaf bags; and

WHEREAS, a copy of this Agreement is available for inspection at the Township Clerk's office.

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 execution of an Inter-Local service agreement with Piscataway Township to participate in a cooperative pricing system for purchase of leaf bags; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the Inter-local services agreement after approval by the Township Attorney.

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

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

NAYS: None.

GRANTING JOSEPH PEEL LEAVE OF ABSENCE WITHOUT PAY IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PUBLIC EMPLOYEE RETIREMENT SYSTEM GROUP LIFE INSURANCE COVERAGE

RESOLUTION #433

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

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

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

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

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

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

BE IT FURTHER RESOLVED that the leave of absence will be come effective as of August 16 2005 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Joseph Peel.

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

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

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

NAYS: None.

RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR CONTRACT #2005-24 WITH QUALITY ELECTRICAL CONSTRUCTION FOR ADDITIONAL LIGHTING AT THE TICETOWN ROAD ATHLETIC COMPLEX.

RESOLUTION NO. 434

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract #2005-24 with the firm of Quality Electrical Construction Company, for additional lighting at the Ticetown Road Athletic Complex; and

WHEREAS, Quality Electrical Construction Company has requested Change Order No. 1 to increase the amount of the contract.

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 attached Change Order.

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

ORIGINAL CONTRACT $268,800.00

CHANGE ORDER #1 $17,150.00
NEW TOTAL AUTHORIZED $285.950.00

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1376 certifying the existence of a sufficient appropriation to fund the said Contract.

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

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

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

NAYS: None.

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

RESOLUTION NO. 435

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 special counsel for the purpose of representation in regard to complaints filed against Police Officer Gary Bracht in the matter known as State of New Jersey v. Bracht; and

WHEREAS, Joseph Benedict, located at 247 Livingston Avenue, New Brunswick, New Jersey, 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 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 work to be performed by Joseph Benedict, Esq. shall be representation of Police Officer Gary Bracht in the matter known as State of New Jersey v. Bracht, Badge #218.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds #1377 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. #1377

AMOUNT $2,5000 (NOT TO EXCEED)

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 year, 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 purchase will be paid.

4. This agreement for professional services in accordance with New Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract to wit: Legal representation of Police Officer Gary Bracht.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

AUTHORIZING A PUBLIC AUCTION FOR SURPLUS PROPERTY

RESOLUTION NO. 436

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

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

WHEREAS, the estimated value of the said personal property exceeds the sum of $2500.00; and

WHEREAS, it is the best interest of the township to sell the said property at public auction;

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

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

BE IT FURTHER RESOLVED that said sale shall be scheduled to be held on Wednesday, October 5, 2005 at 10:00 a.m. in the Old Bridge Public Works Garage.

BE IT FURTHER RESOLVED that the township does hereby reserve the right to reject any and all bids.

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

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

NAYS: None.

RESOLUTION ACCEPTING THE RESIGNATION OF ZONING BOARD MEMBER, TERRI SETTLECOWSKI

RESOLUTION NO. 437

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

WHEREAS, Terri Settlecowski has served as a member of the Township of Old Bridge Zoning Board; and

WHEREAS, Terri Settlecowski wishes to resign as a member of the Township of Old Bridge Zoning Board, effective October 11, 2005; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the resignation of Terri Settlecowski as a member of the Old Bridge Township Zoning Board is hereby accepted and shall be effective as of October 11, 2005.

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

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

NAYS: None.

Prior to the roll vote the following discussion took place:

Councilwoman Panos stated that she wanted to thank Terri Settlecowski for her years of service to the township.

RESOLUTION AUTHORIZING THE MAYOR AND THE TOWNSHIP CLERK TO EXECUTE THE AGREEMENT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND MIDDLESEX COUNTY IN REGARD TO THE MODIFICATION OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF COUNTY ROUTE 516 AN OLD BRIDGE HIGH SCHOOL EAST CAMPUS DRIVEWAY

RESOLUTION NO. 438

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 desirous of providing for the modification of the existing traffic signal at the intersection of County Route 516 and Old Bridge High School East Campus Driveway; and

WHEREAS, the County recognizes the desirability of the modification of the existing traffic signal at the intersection of County Route 516 and Old Bridge High School East Campus Driveway; and

WHEREAS, the above mentioned parties in discharge of their public duties are desirous of jointly providing for these improvements.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor and the Township Clerk are hereby authorized to enter into the Agreement between the Township of Old Bridge and the County of Middlesex in regard to the Modification of the Traffic Signal at the intersection of County Route 516 and Old Bridge High School East Campus Driveway.

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.

NAYS: None.

ABSTAIN: Councilman Testino

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

Councilman Greene stated that he was interested in what changed the modification and why.

Mayor Phillips responded that there were two projects under consideration, one at the Old Madison High School and the other at Cedar Ridge. The higher priority was given to Cedar Ridge and this resolution will simply make it happen sooner. Since this is on a County road, it is possible that the County will absorb the cost, but that is to determined. The light is there but it has failed and needs to be redesigned because of the traffic situation.

Councilman Testino stated that if you were ever on that road when the high school is going in or out of session you would realize the need for this light.

RESOLUTION AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO GRANT EASEMENT TO THE OBMUA THROUGH TOWNSHIP PROPERTY KNOWN AS LOT 34 IN BLOCK 13003.

RESOLUTION NO. 439

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

WHEREAS, the Township of Old Bridge is the owner of certain lands located in the Township of Old Bridge, County of Middlesex, State of New Jersey known and designated as Block 13003, Lot 34; and

WHEREAS, the Township of Old Bridge wishes to convey to the Old Bridge Municipal Utilities Authority a permanent easement on this property.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are hereby authorized to sign the easement agreement with the Old Bridge Municipal Utilities Authority for an easement through Township property known as Block 13003, Lot 34.

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.

NAYS: None.

ABSTAIN: Councilman Testino

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

Councilman Calogera inquired as to the location of the property and the purpose of the easement.

Ellen Ritchie responded that the lot is at the end of Prest's Mills Road. This is an approved sub-division to loop the water line connection. The easement was never put in the sub development plan and we are going to do that by deed at this time.

RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH CME ASSOCIATES FOR A STUDY TO ADDRESS IRESICK BROOK DRAINAGE PROBLEMS

RESOLUTION NO. 440

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

WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm for the study of Iresick Brook Drainage problems; and

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

WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional services.

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 1460 Route 9 South, Howell, New Jersey 07731 in the amount not to exceed $40,450.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1378 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance
of this award.

This Resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None

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

Councilwoman Panos encouraged the Council to approve this resolution. There is a need for this study because of the flooding in these areas.

Greg Valesi of CME Associates stated that the study would take 6-8 weeks, but some data would be available sooner.

Michael Jacobs stated that this is the long term project, but there are several short term programs in the works too.

Councilman Calogera questioned the footage of the project.

Greg Valesi stated that the area is from Pine Street thru Veterans Park storm sewer system and will address problems throughout the system.

APPOINTMENT

RESOLUTION NO. 441

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

WHEREAS, Terri Settlecowski a regular member of the Zoning Board of Adjustment is resigning her position effective as of October 11, 2005; and

WHEREAS, a vacancy exists in the position of regular member for a term ending December 31, 2005; and

WHEREAS, it is the desire of the Township Council to move Ramesh Patel who is presently serving on the Zoning Board of Adjustment as Alternate #1 to the position of regular member;

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge that the resignation of Terri Settlecowski is hereby accepted and Ramesh Patel is hereby appointed to the position of regular member of the Zoning Board of Adjustment to replace Terri Settlecowski for a term ending December 31, 2005, effective October 11, 2005.

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

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

NAYS: None.

APPOINTMENT

RESOLUTION NO. 442

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

WHEREAS, a vacancy exists in the position of Alternate #1 on the Zoning Board of Adjustment due to the transition of Ramesh Patel to regular member; and

WHEREAS, it is the desire of the Township Council of the Township of Old Bridge to move Gerald Cucchiara who is presently serving on the Zoning Board of Adjustment as Alternate #2 to the #1 Alternate position:

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Gerald Cucchiara is hereby appointed to the position of Alternate #1 on the Zoning Board of Adjustment to replace Ramesh Patel for a term ending December 31, 2006, effective October 11, 2005.

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

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

NAYS: Councilmen Calogera, Councilwoman Panos

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

Attorney Convery stated that we accepted Ms. Settlecowski's resignation effective as of October 11, 2005 and by making these appointments now there will be a continuity on the boards and the addition of the effective date of October 11, 2005 will be added to both appointments.

PUBLIC PORTION

Barbara York thanked the Mayor and Administration for the efficient attention to the repairs on the Rt. 18 bridge.

Linda Seiler stated that her only complaint with regard to the Ordinance #29-2005 regarding Executive Session Minutes was that there was no provision for the release of the minutes once the information was no longer considered sensitive.

COUNCIL COMMENTS

Councilwoman Panos acknowledged thanks to Assemblyman Thompson through whose efforts the work on the Rt. 18 bridge was effected almost immediately. Councilwoman Panos advised him on August 24th and he faxed a letter to the State and the work was done by August 29th. Also, additional work with regard to the lighting will be done shortly.

Councilman Butler express thanks to Ellen Ritchie for her help with the COAH recertification. Also, Councilman Butler urged anyone making a donation to the victims of Hurricane Katrina to make sure they are donating to a legitimate charity.

Councilman Testino expressed his concern over the recent gas price increases as a result of Hurricane Katrina and felt that a resolution should be sent to government representatives regarding the lack of protection afforded to the public on this matter. Also, Councilman Testino thanked the Council and the public for their patience and attention to the presentation made on behalf of the proposed golf course.

Councilman Calogera expressed his concern over Hurricane Katrina and the response of the Federal government and hopes that lessons can be learned and in the future if there is another such disaster the government will work quicker and more efficiently to assist its people.

Councilman Gillespie thanked the Mayor and Joe Criscuolo for their efforts regarding the additional lighting at Ticetown Road Athletic Fields.

MOTION

Motion to adjourn at 10:40 p.m. made by Councilman Gillespie, seconded by Councilman Butler and so ordered on the following vote:

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

NAYS: None.

________________________________
William Baker, Council President

_________________________________
Rose-Marie Saracino, Township Clerk

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dist.

Township of Old Bridge
1 Old Bridge Plaza
Old Bridge, NJ 08857
Main Phone: 732-721-5600