OLD BRIDGE TOWNSHIP COUNCIL
REGULAR MEETING
September 26, 2005
A regular meeting of the Township Council of the Township of Old Bridge was held on September 26, 2005 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker, who invited all to participate in a Salute to the Flag which was followed by a short prayer.
Moment of Silence.
Councilman Butler requested a moment of silence for the armed forces serving in Iraq.
Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, October 17, 2005 at 7:30 p.m. in the municipal complex.
Roll call by Deputy Clerk Ward showed the following answering present: Councilman Butler, Calogera, Gillespie, Greene, Maher, Volkert, Councilwoman Panos, President Baker. Councilman Testino arrived late.
Bill List.
RESOLUTION NO. 444
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of September 26, 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 26, 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 $10,234,005.98 (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, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Testino.
RESOLUTION NO. 445
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of September 26, 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 26, 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 $765,654.22 (Payroll).
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Testino.
RESOLUTION NO. 446
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of September 26, 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 26, 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 $31,162.88 (Overtime).
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: Councilman Calogera, Maher.
ABSENT: Councilman Testino.
Report of Clerk.
MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK
The following represents the collections made during the month of August 2005:
DOGS 2554-2644 731.00 2570 replacement .50 2617 Seeing Eye Dog n/c
CATS 207-218 91.00
LICENSES Taxi Old Bridge Taxi & Car Service Owner (2) 50.00
Limousine Datt 50.00 Escort Limo 50.00 4 Mom Corp 50.00
Kennel Jardo 25.00 Parkwood 25.00 Berg Animal Hosp 25.00 K-9 Konnection 25.00 Petco 10.00 Canary Bird Farm 10.00
Hot Dog Val's Lunch Box 50.00 370.00
BINGO RAFFLE RA64-05 St Thomas Church 20.00 add'l RA66-05 Madison Park PTA 10.00 RA67-05 Madison Park PTA 10.00 RA68-05 OBHS PTA 60.00 RA69-05 Township with A Heart 30.00 RA70-05 Township with A Heart 10.00 RA71-05 Southwood School PTA 50.00 RA72-05 St Thomas Church 10.00 200.00
PARKING PERMITS #2107-2131 (11 Permits) 275.00 #2107, 2113, 2116, 2117, 2119-2123, 2127, 2129-2131 replacements 65.00 #2128 voided
Temporary Permits #536-562 (24 permits) 120.00 460.00
MISCELLANEOUS Photocopies 116.40 Late fee – DOG 180.00 Late Fee – CAT 35.00 331.40
TOTAL $2,183.90 Motion
to accept the Report of the Clerk made by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Testino.
Preliminary public comment.
Mr. Matarazzo (student): Voiced his opposition to the imposition of residential only parking on Highpointe Way and Trevor Place.
Ms. Clavering: Announced that signs had been posted warning of a $250 fine for illegally parking in a handicap accessible space.
Mr. Rao: Expressed his opinion that the money spent on the war in Iraq should have been expended for the victims of hurricanes Katrina and Rita.
Mr. Butani (20 Trevor Place) Presented the Township Council a petition to end high school parking on Trevor Place and Highpointe Way. The problems include speeding, illegal parking and trespassing.
Mr. Lepore (35 Trevor Place): Requested that the Board of Education and the Township Council work together to create a safe parking environment for the students of the high school and expressed his support of the implementation of residential parking only on Trevor Place and Highpointe Way.
Mr. Casari (23 Trevor Place): Presented a petition by the residents of Trevor place supporting residential parking on Trevor Place.
Mr. Parmar: Echoed the sentiments of the previous speakers with respect to dangers of students parking on Highpointe Way.
Mr. Iandoli: Offered a video presentation showing debris left by the high school students who park on Highpointe Way.
Mr. Sanchez: Expressed his opinion that permitting students to park at Trevor Place, Highpointe Way or Cherry Creek Drive is not a solution to the problem.
Hearing.
1. The Grand at Old Bridge (BRIDGE ONLY) - release/reduction of performance guarantee.
Mr. Pepe (D. R. Horton): The bond is associated with the bridge only and the request to release has the support of CME Associates.
Mr. Valesi (CME): Stated that on September 22, a report was issued recommending the release of the performance guarantee specifically for the prefabricated bridge structure at the entrance to Pheasant Park. At the last hearing for this application we recommended that the council not grant the release because there was additional information and certifications that we required from the design engineer. The township approached this as though the developer's consultant would provide the technical engineering observation for the site improvement. Our concerns were to get that design engineer to stand behind the report and provide certifications. That has occurred since the last hearing; accordingly, we are recommending a release of the performance guarantee subject to posting a two-year, fifteen percent maintenance bond.
President Baker opened a public portion. Seeing no hands President Baker closed the public portion.
Councilman Gillespie: Requested engineer confirmation that the maintenance bond will be sufficient to cover defects or problems with the bridge only.
Mr. Valesi: Explained that from his observations and file review, the bridge was constructed properly and certified by the design engineer, and that the term of the guarantee is two years.
Councilman Gillespie: Expressed his concern that once Title 39 was enforced, acceptance of the bridge would follow and that a bridge's useful life is twenty to thirty years. Therefore, replacement responsibility will belong to the Township of Old Bridge.
Mr. Pepe: Denied that the Township of Old Bridge would be responsible for the bridge. The bridge is privately owned by the homeowners. A document has been filed confirming that. Snow removal and policing of the roads will be done by the homeowners. A reserve schedule has been established in the budget accounting for the replacement cost of the bridge.
Councilman Greene: Thanks CME for its diligence in the review of the project. Clarified that this is senior housing on privately owned property which the Township of Old Bridge designated as an area for senior housing.
Attorney Convery: CME's recommendation is in compliance with the Municipal Land Use Law indicating the issuance of the two-year maintenance bond once the project is complete and certified.
Councilman Testino: Expressed his discomfort with segregating the bridge and roads. Foresees future debates concerning the bridge.
Mr. Pepe: Communities are broken up into “phases”, and performance bonds are posted per phase. The bridge is one element; the roads and curbing is another.
Attorney Convery: Not knowing the phasing schedule, believes that this is one phase wherein there are no certificates of occupancy. Engineering will have to be satisfied that all conditions of approval have been met which is not the discussion this evening. The developer has complied with the Municipal Land Use Law and have the right to request and he advises a release of the performance guarantee of the bridge only.
Councilman Gillespie: Inquired as to the length of the bridge, and Mr. Valesi responded that the bridge was a three-span arch culvert, but did not recall the overall length. A guesstimate was that the bridge was 35 feet long.
Motion
to release the performance bond for the bridge only at The Grand at Old Bridge made 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: Councilman Testino.
Subsequent to the roll call vote Councilman Gillespie stated that there would be a resolution presented to the council for their review.
Hearing.
2. Old Bridge Funeral Home – release/reduction performance guarantee. (TABLED)
Attorney Convery : Explained the position of the governing body is that there should be a representative on behalf of the builder seeking the release or reduction of a performance guarantee. That not being the case, this hearing should be carried to another meeting.
Councilman Calogera: Expressed his concern about the a water problem being created by this project and inquired about the approvals of permits required for the driveway.
President Baker: Explained that this matter would not be heard due to lack of representation.
Councilman Calogera: Requested that answers to his concerns be addressed when this matter next comes before the Township Council.
Motion
to table the release/reduction of the performance guarantee of the Old Bridge Funeral Home made by Councilman Calogera, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Maher.
3. Emporium Gas/Rocket Industries – release/reduction performance guarantee. (REMOVED)
4. Kara at Farrington Ridge – release/reduction performance guarantee. (REMOVED)
Mr. McGowan: Apologized for Proof of Service not being submitted to the Township Clerk's office in time for the hearing, but requested that the hearing for a reduction of the performance guarantee continue.
Attorney Convery: Explained that the public has been informed via the agenda on the website that the hearing has been postponed.
Mr. McGowan: Requested notification by regular mail.
Ordinance for first reading
TOWNSHIP OF OLD BRIDGE ORDINANCE NO. 30-2005
AN ORDINANCE TO AUTHORIZE CREATION OF AND PARTICIPATION IN SOUTH CENTRAL MIDDLESEX COUNTY FLOOD CONTROL COMMISSION AND APPOINTMENT OF TOWNSHIP REPRESENTATIVES
WHEREAS, there exists in the south central portion of Middlesex County certain problems of flooding and flood prevention which concern several municipalities, the County of Middlesex and other governmental bodies; and
WHEREAS, said problems were highlighted by recent storms which affected a large section of the Middlesex County; and
WHEREAS, the various governmental units affected by such drainage basin recognize the need for cooperative efforts to prevent future floods and to alleviate flooding and flood hazards; and
WHEREAS, N.J.S.A. 40:14-16 et seq., authorizes the establishment of a Joint Flood Control Commission and provides that the participating municipalities and counties may enter into such a commission and may define and limit the areas of responsibility and authority of such a commission and may set forth the terms under which appropriations shall be made by the participating municipalities and counties; and
WHEREAS, the Township Council is of the opinion that the creation of a joint flood control commission to be known as the “South Central Middlesex County Flood Control Commission” is in the best interests of the Township of Old Bridge.
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
Section 1. The Township of Old Bridge agrees to participate in the creation of and operation of the South Central Middlesex County Flood Control Commission pursuant to NUJSA 40:14-16 et seq. as follows:
(A) The municipalities invited to participate in said commission are: Borough of Helmetta, Borough of Jamesburg, Borough of Spotswood, Borough of South River, Township of Monroe, Township of Old Bridge and Township of East Brunswick.
(B) The South Central Middlesex County Flood Control Commission shall be established in accordance with N.J.S.A. 40:14-16 et seq..
(C) The South Central Middlesex County Flood Control Commission shall:
(1) collect, study and analyze data on flooding, past floods and the causes of floods in the area;
(2) make such data and studies available to the participating members, to the Division of Water Policy and Supply, the Army Corps of Engineers, local and county planning boards and officials concerned with subdivisions and development of properties within the floodway and drainage areas.
(3) keep itself informed as to the availability of state and federal funds and grants and the procedures for applying therefore, and shall make such information available to participating members;
(4) coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like;
(5) encourage the acquisition of lands within the floodway and low-lying areas by appropriate county park commissions, counties or participating municipalities;
(6) publicize methods of flood control and flood prevention;
(7) encourage its participating members and others to adopt appropriate ordinances and regulations relating to flood control;
(8) encourage its participating members to support other programs designed or intended to alleviate flooding;
(9) perform such other acts and fulfill such other functions as may be permitted by law and as determined by the members, subject to the limitations in this ordinance and subject to the limitations as set forth in N.J.S.A. 40:14-16 et seq.
(D) Appropriations
(1) The general, administrative and other expenses of the commission, affecting the commission as a whole, shall be apportioned among the members in a manner to be determined by the members, not later than 120 days after the appointment of all representatives by the participating municipalities.
(2) Whenever a specific project is to be undertaken involving less than the interests of all of the participating members, or of special benefit to less than all of the participating members, the apportionment of the costs thereof shall be agreed upon by the participating members specially benefited thereby in advance of authorization of such project.
(3) The apportionments may be changed by agreement among the participating municipalities and counties, provided, however, that there shall be no increase in the percentage to be contributed by any participant without the consent of the governing body of such participating member.
(E) Budget. The tentative annual budget for the commission shall be adopted by the commission no later than 120 days after the appointment of all representatives by the participating municipalities.
(F) Operating Procedures. The operating procedures of the commission shall be adopted at a regular or special meeting of the commission, but not later than 120 days after the appointment of all representatives by the participating municipalities.
(G) Withdrawal. Each member municipality and county reserves the right pursuant to N.J.S.A. 40:14-17d to withdraw from the commission; provided, however, that at least ninety (90) days notice of such intention is given to the commission; and provided, further, that such withdrawal after the adoption of the commission budget for a given year shall not abrogate the responsibility of the municipality or county to meet its obligations under the budget for such year.
Section 2. Representatives.
(A) The Board of Chosen Freeholders and each municipal council shall appoint two representatives to the commission, either or both of said representatives may be a member of the board or council or hold other elective or appointive office in the respective governmental units.
(B) In additional to such representatives, the Township Council may appoint two alternate representatives to the commission who shall serve for the terms of one year each or until the appointment and qualification of their successors. Such alternates shall have the right to attend all meetings of the commission and take part in all discussions. The alternates shall be designated as first alternate and second alternate and in such order may represent the Township of Old Bridge and vote in the event of the absence or disability of one or both of the regular representatives.
(C) Each regular representative shall serve for a term of five years or until his successor has been appointed and has qualified except that any appointed representative who holds another elected or appointed public office shall serve as such representative for the term of his elected or appointed office and only so long as he shall hold such elected or appointed public office, notwithstanding his term of appointment as such representative. Appointments to vacancies caused by the death, resignation or other inability to serve of a representative shall be filled for the balance of the term only. No alternate representative shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.
BE IT FURTHER ORDAINED that the Clerk of this Township Council shall forward certified copies of this an ordinance to all of the participants set forth in Section 1(A); the New Jersey Department of Environmental Protection; and the Senators and Assembly persons representing Middlesex County.
Section 4. Inconsistent Ordinances.
All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
Section 5. Partial Invalidity.
If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.
Section 6. Effective Date.
This ordinance shall take effect upon the final adoption of ordinances by all of the participants set forth in Section 1(A) hereof.
Moved by Councilman Butler, seconded by Councilman Calogera 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.
Prior to the roll call vote the following discussion took place.
Attorney Convery: Explained that this ordinance follows the County of Middlesex and naming members of the commission would be made at a later date through a resolution.
Ordinance for First Reading.
TOWNSHIP OF OLD BRIDGE ORDINANCE NO. 31-2005
AN ORDINANCE AMENDING SECTION 10-8.9 RESIDENTIAL PERMIT PARKING
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 ordinance is to provide parking by permit only in certain residential areas designated hereinafter.
Section 2. Ordinance.
Residential Permit Parking, Section 10-8.9 of Chapter X of the Code of the Township of Old Bridge is hereby amended as follows by adding:
Name of Street Side Location Hours Days
Trevor Place Both Entire Length 6:00 A.M. - Monday - Friday 7:00 P.M. Brandywine Drive Both Entire Length 6:00 A.M. - Monday - Friday 7:00 P.M. Woodruff Drive Both Entire Length 6:00 A.M. - Monday - Friday 7:00 A.M. Kelsie Court Both Entire Length 6:00 A.M. - Monday - Friday 7:00 P.M.
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-41or (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 Volkert, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Volkert, President Baker.
NAYS: Councilman Maher.
ABSTAIN: Councilmen Calogera, Councilwoman Panos.
ABSENT PODIUM: Councilman Testino.
Budget.
Mr. Shah: Explained that although the Township of Old Bridge has applied for state aid, no money has come forward. His intention was to formally open the public hearing and entertain requests for information. The adoption of the budget will be tabled until the state responds with our aid information.
President Baker opened a public portion.
Ms. Seiler: Inquired as to the manner in which the EDC and the redevelopment agency were going to be funded.
Mr. Shah: $80,000 for the EDC will come out of the planning line.
Mr. Jacobs: The redevelopment agency is $75,000 as a separate line item.
Ms. Seiler: Asked for an explanation of the additional expenditures in the engineering department (i.e., Mr. Cleary and Ms. Ritchie).
Mr. Jacobs: That information is not outlined in the budget, but could be gathered and reported back to council. We would have to do an analysis and report that back.
Ms. Seiler: Is the percent of planning and engineering combined larger than last year?
Mr. Shah: We are accepting questions tonight and will answer them before the adoption of the budget. There will be another public hearing on the budget amendments.
President Baker closed the public portion.
Motion
to table the adoption of the budget made by Councilman Testino, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
Minutes.
RESOLUTION NO. 447
APPROVAL OF MINUTES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
the following minutes are hereby approved:
August 22, 2005 Combined
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Testino, Volkert, President Baker.
NAYS: None.
ABSTAIN: Councilmen Calogera, Greene, Maher, Councilwoman Panos.
Consent Agenda.
President Baker opened a public portion.
Ms. Seiler questioned why the Township of Old Bridge was making the repairs to county owned Englishtown Road.
Mr. Jacobs: Explained that our drainage system which runs under the county road was blocked by debris causing a flood situation and had to be remediated immediately.
Seeing no further hands President Baker closed the public portion.
RESOLUTION NO. 448
AUTHORIZING AN EMERGENCY TEMPORARY APPROPRIATION IN THE AMOUNT OF $3,619,900.00
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, there will be a delay in the adoption of the 2006 Township of Old Bridge, County of Middlesex, State of New Jersey Local Municipal Budget; and
WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that in accordance with N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $3,619,900.0 and that said emergency temporary appropriation shall be provided in full in the 2006 budget. (See attached)
CURRENT BUDGET Salaries & Wages Other Expenses $3,490,250.00
ARENA UTILITY Salary & Wages 50,000.00 Other Expenses 50,000.00 Social Security 2,650.00
PARKING UTILITY Salaries & Wages 19,000.00 Other Expenses 7,000.00 Social Security 1,000.00
TOTAL $3,619,900.00
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 call vote the following discussion took place.
Councilman Maher: Questioned whether the arena utility was operating at a surplus or deficit.
Mr. Shah: Explained that a report has been given to council.
RESOLUTION NO. 449
AUTHORIZING THE REJECTION OF ALL BIDS WITH REGARD TO CONTRACT NO. 2005-35 FOR SPRINKLER SYSTEM FOR THE OLD BRIDGE CIVIC CENTER
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge solicited in connection with Contract No. 2005-35 for the sprinkler system for the Old Bridge Civic Center; and
WHEREAS, two bids were received, and the lowest responsible bidder was deficient of required paperwork which is a non-waiveable deficiency pursuant to Local Public Contracts Law; and
WHEREAS, the next lowest responsible bid exceeds the cost estimates for the goods and services pursuant to N.J.S.A. 40A:11-13.2.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bids received with respect to the sprinkler system for the Old Bridge Civic Center are hereby rejected.
BE IT FURTHER RESOLVED that the purchasing manager is hereby authorized to rebid.
Moved by Councilman Greene, 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.
RESOLUTION NO. 450
AUTHORIZING CONTRACT WITH ARBE LANDSCAPING NUNC PRO TUNC RE: EMERGENCY REPAIRS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge required the services of a contracting firm with regard to the emergency situation of July 18, 2005; and
WHEREAS, Arbe Landscaping, Inc., located at 104 Texas Road, Old Bridge, NJ 08857, a licensed New Jersey contracting corporation, is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize a contract with Arbe Landscaping, Inc. in a total amount of $1,850.00 for emergency repairs to unclog a waterway on Englishtown Road to prevent flooding on July 18, 2005.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, is hereby granted as follows:
1. The contract for emergency repairs to unclog a waterway on Englishtown Road to prevent flooding on July 18, 205 is authorized to Arbe Landscaping, Inc. in a total amount of $1,850.00 nunc pro tunc.
2. The Mayor and Clerk are hereby authorized to execute any documents necessary.
This resolution is conditioned upon the following:
A. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1379 certifying the existence of a sufficient appropriation to fund the said contract.
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.
Prior to the roll call vote the following discussion took place.
Councilwoman Panos: Explained that flooding caused residents of Arvin Road to be evacuated and immediate repairs had to be made at Englishtown Road. Requested a mosquito control report.
Mayor Phillips: Suggested that Councilwoman Panos speak with Administrator Jacobs.
RESOLUTION NO. 451 APPROVING A PROFESSIONAL SERVICES CONTRACT WITH SPIEZLE GROUP FOR THE DESIGN OF GEICK PARK EXTERIOR STAIRS NOT TO EXCEED $11,400.00
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm to provide architectural/structural analysis services related to the design for new exterior stairs adjacent to the existing stairs between Old Bridge High School and Geick Park; and
WHEREAS, Spiezle Group, Inc. is a licensed New Jersey architectural firm which is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize a contract with Spiezle Group, Inc. for purposes of providing this architectural service.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
1. A contract for professional services is authorized to be entered into with Spiezle Group, Inc. located at 120 Sanhican Drive, Trenton, NJ 08618 in the amount not to exceed $11,400.00.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1380 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 Butler, 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.
Councilman Greene: This resolution provides for one or two more stairways from Old Bridge High School to Geick Park as an additional emergency access away from the school. Expressed his opinion that a paved graded roadway may be a more practical and a less hazardous option.
Mr. Jacobs stated that his intention was to discuss this possibility with the architect.
Councilwoman Panos: Questioned why this money was being spent now to design a staircase.
Mr. Jacobs: Staircase was the word that was used. We will discuss both.
Public comments on any subject matter. Seeing no hands President Baker closed the public portion.
Council comments.
Seeing no hands President Baker closed that portion.
Motion
to adjourn at 8:45 p.m. made 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.
___________________________________ William Baker, Council President
____________________________________ Rose-Marie Saracino, Township Clerk
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