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

Roll call at 7:35 p.m. by Deputy Clerk Ward, showed the following members present: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, President Baker. Councilman Gillespie and Councilwoman Panos arrived late.

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

CERTIFICATES

Award for the Old Bridge Fair

Mayor Phillip presented plaques in recognition of their support of the Old Bridge Fair to the following recipients

Diane Amabile, Lisa Cooney, Vicki DeMarco, Marsha Rosenbaum, Eileen Nelson, Chris Doyle, Linda Gayle. Sharon Colucci, Anthony Colucci, Debbie Sinowell, Doreen Siringano, Rob Reckhow, Beau Byrtus, Baloo Patel. Worldwide Gymnastics and TG Gallant Construction, which were corporate sponsors.

APPROVAL OF MINUTES

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

RESOLUTION #452-05

WHEREAS, the following minutes are hereby approved

September 12, 2005 – Combined

Moved by Councilman Butler, seconded by President Baker 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

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

RESOLUTION #453-05

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 October 17, 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 October 17, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $15,879,148.34 (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.

BILL LIST

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

RESOLUTION #454-05

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 October 17, 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 October 17, 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 $783,577.34 (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, Testino, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

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

RESOLUTION #455-05

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 October 17, 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 October 17, 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 $35,687.68 (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

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

RESOLUTION #456

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 October 17, 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 October 17, 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 $826,290.50 (Payroll).

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

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

NAYS: Councilman Calogera.

BILL LIST

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

RESOLUTION #457-05

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 October 17, 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 October 17, 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 $51,952.95 (Overtime).

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

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

NAYS: Councilman Maher.

Prior to the vote the following discussion took place.

Councilman Calogera asked why the amount of overtime was so much higher than the previous pay period.

Chief Collow stated that there was increased traffic and safety patrol because of the Old Bridge Fair and serious traffic accidents. There was also increased overtime in the detective bureau for on-going investigations and after hour special operations.

Report of the Clerk

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK

The following represents the collections made during the month of September 2005:

DOGS
2645-2689 355.00
2691 replacement .50

CATS
220-223 28.00

LICENSES
Limousine
Bernstein Limo 50.00

BINGO RAFFLE
RA73-05 Court Queenship of Mary 10.00
RA74-05 Court Queenship of Mary 10.00
RA75-05 Memorial School 10.00
30.00

PARKING PERMITS
#1-1375 (1354 Permits) 33,850.00
#415 Replace #16 5.00
20 voided permits

Temporary Permits
#563-571 (9 permits) 45.00
33,900.00

MISCELLANEOUS
Photocopies 120.48
Late fee – DOG 25.00
145.48

TOTAL $34,508.98

MOTION

A motion was made to accept the Report of the Clerk 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

Mr. John Doktorsky of the Arbors requested that the gate that has been installed to prohibit residents from cutting behind the homes in the Arbors on their way to the Municipal Complex be removed because there is not other way to reach the Complex except by walking along the road on Cottrell Road. Mr. Doktorsky stated that the stretch of road on Cottrell (in front of the Ice Arena) is one of the most dangerous in town because there are no sidewalks or shoulders.

Mr. Seewald suggested that the Mayor be in control of the Board of Education budget, like they have recently implanted in New York City. 62% of the average tax bill is for school taxes and Mr. Seewald believes that the Mayor should have more control of the budget.

Dr. Anita Greenberg expressed her disappointment with President Baker campaign literature regarding his support of open space. Ms. Greenberg is disappointed with the council's decision to take dedicated money from the open space trust fund and put it into the general fund. Ms. Greenberg wondered why there was no mention of the Crossroads development in Mr. Baker's literature.

President Baker stated that he will not be responding to Ms. Greenberg because he does not believe this is the proper forum.

Ms. Sharon Birardi stated that her family's farm has been preserved under the Farmland Preservation Program of NJ. Ms. Birardi's aunt passed away in 2002 and it was their personal decision to preserve the land. Mr. Birardi asked that preservation of her family's farm not be used in campaign literature.

Mr. Robert Carrington asked the council to remove the gate that blocks the residents of the Arbors from using the pathway behind the tennis courts to access the Municipal Complex.

President Baker stated that because of concerns from residents of the Arbors, the gate was installed. President Baker stated that because of illegal activity, robberies and trash being left in the pathway it was decided by the police and administration to put up the gate. President Baker asked Mr. Jacobs to send notices to the residents of the Arbors and get their input on the closing of the gate. President Baker stated that this pathway was never meant to be an access road to the complex.

Councilman Greene asked that a protocol be established on questions being answered during the public portion. Councilman Greene does not believe that it is fair to answer some people's questions and not others.

President Baker stated that sometimes the questions cannot be answered when they are asked because there may need to have further investigation.

Ms. Linda Seiler reminded all that October was Breast Cancer Awareness month.

Seeing no hands President Baker closed the public portion.

Presentation

Patriot Consultants - Recruiting of First Aid Volunteers

President Baker stated that this presentation has been cancelled and will be rescheduled for a later date.

ORDINANCE FOR SECOND 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 NJSA 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 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.

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

Prior to the vote the following discussion took place.

Councilwoman Panos asked what the cost of this would be after the grant money has run out. Councilwoman Panos is also concerned about the other towns involved that have a more severe flooding problem than Old Bridge. Councilwoman Panos would also like to know how Greenbrook has fared, since this ordinance is being fashioned after theirs.

Councilman Gillespie stated that the Greenbrook Regional Flood Control Commission was mainly responsible for planning and coordination among local governments and worked directly with Army Corp. of Engineers. The cost to Old Bridge is not yet known because the scope of work and the amount of funding from the grant and other sources has not yet been determined. Councilman Gillespie believes that we should move forward with this ordinance and begin to work with these other towns because there could very well be large regional flooding in the Old Bridge area. Councilman Gillespie believes that it is better to participate, than not.

Mayor Phillips stated that the Army Corp. of Engineers will be involved and at least two counties. We have been assured by Mr. Bob Rowe of at least a $100,000.00 grant from the Army Corp of Engineers to get this commission formulated. The Mayor stated that the original budget will cost us zero, what the ultimate solution will cost, the Mayor does not know. Mayor Phillips believes that the Township of Old Bridge should be involved in this commission.

Councilwoman Panos requested that she be appointed to the Commission.

Mayor Phillips stated the council appoints to this Commission and the Mayor would recommend the Township Engineer and also the Director of Community Development appointed.

Councilman Calogera asked if the Commission will still be formed even if there is not a budget in place.

Councilman Gillespie stated that the Commission would be formed if we adopt this ordinance.

ORDINANCE FOR SECOND 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:

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

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

NAYS: Councilman Maher.

ABSTAIN: Councilman Calogera.

President Baker opened the public portion.

Mr. Rock Lepone requested the council approve this ordinance, so that emergency vehicles are able to enter Trevor Place safely.

Mr. Vladimir Kravets requested the council approve this ordinance. Mr. Kravets stated that the amount of parked cars on his street has tripled since September. Mr. Kravets no longer feelS comfortable allowing his child to go to the playground across the street because of the amount of speeding cars.

Mr. Rich Iandali presented a petition to the Mayor whereby 63 of 64 residents signed urging passage of Ordinance 31-2005. Mr. Iandali stated that school bus drivers have complained that there is not enough room on Brandywine because of the parking on both sides of the street. Mr. Iandali also expressed his concern that a fire truck (which is larger than a school bus) would not be able to enter the development in the case of an emergency.

Mr. Ron Permer requested that the council approve this ordinance. Mr. Permer stated that he is uncomfortable letting his child out to play in front of his house because of the increased traffic and speeding. Mr. Permer stated that he is concerned that implementing this ordinance will only push the students to park further west on Highpointe Way and Kara Court.

Ms. Tara Brunner stated that she will not bring her daughters outside between 2 and 2:30 in afternoon because of the way the children drive. They race through the neighborhood and are disrespectful to the residents. Ms. Brunner urged the council to approve Ordinance 31-2005.

Mr. John Chin urged the council to approve this ordinance.

Mr. Steve Casari stated that the parking situation is not safe for the residents of Trevor Place and Highpointe or the high-school students themselves that are parking there. The Department of Transportation concluding that is was not safe to walk to the school from these developments because there is not a proper walkway. By allowing these high-school students to park here we are encouraging them to walk an unsafe path.

Mr. Casari stated that parking has been restricted in other areas of town for reasons other than commuters, such as Southwood Drive and Valley Vale Drive. Mr. Casari stated that he believes that this is poor planning on the part of the Board of Education and the residents of Trevor Place and Highpointe are paying the price for it. The permits that students are given could be rotated, build more parking lots, there are other options for the students other than allowing them to park in these developments. The students have a privilege to drive to school and they should be allowed to drive to school, not Trevor Place or Highpointe.

Seeing no hands President Baker closed the public portion.

Prior to the vote the following discussion took place.

Councilman Calogera stated that he is not comfortable with restricting parking on these streets. Councilman Calogera sympathizes with the residents but does not believe that this is fair to the students. Councilman Calogera stated that he would like to see a certain number of students be included in the permit parking at Trevor and Highpointe, and if there was a problem, the permit could be revoked. Councilman Calogera would like to see the Board of Education come up with a solution to this parking problem. Councilman Calogera will not be supporting this ordinance because the problem for the students has not been addressed.

Councilman Greene believes that this situation is very much like the problem at the Breakfast Club, this is a quality of life issue. Councilman Greene believes that the Board of Education needs to come up with a resolution for the student parking. Councilman Greene sympathizes with the residents of Trevor Place and Highpointe and will be supporting the ordinance.

Councilwoman Panos stated that she was initially against this ordinance and resenting this situation being compared to the Breakfast Club. Councilwoman Panos stated that she went to the area and spoke to the police and is now convinced that this is not the best thing to do, but that it is the safest thing to do. Councilwoman Panos requested that alternate measures be taken to work this parking problem out.

Councilman Maher stated that he is opposing this ordinance. Councilman Maher stated that the fight is not against the school children, it is against the school system. Councilman Maher stated that the other times these types of ordinances were instituted on Inverness and Valley Vale was because of commuters, and Southwood Drive was because of drunks. Councilman Maher asked the Chief of Police if there have been any summons issued on these roads for speeders, littering or trespassing in the past thirty days.

Chief Collow stated that he did not have that information available tonight, he will get the information to Councilman Maher.

Councilman Maher stated that speeding is an issue throughout the township, not just Trevor Place and Highpointe. Councilman Maher is shocked that these concerns were raised on September 19th and yet no summons were issued. Councilman Maher stated that we are punishing the good kids for the few bad kids. Councilman Maher stated that it was a nightmare for these kids to walk to school in the rain last week and Councilman Maher will not turn his back on the students.

Councilman Gillespie stated that when this was done in other areas of town the views of residents that actually lived on those streets would be held as paramount, versus the views of other people that may be parking there. Councilman Gillespie stated that some of the people that were parking along Inverness and the drunks at 1:00 a.m. in the morning outside the Breakfast Club were probably from Old Bridge. Councilman Gillespie believes that this is a safety issue and will be voting yes.

Councilman Testino stated that he is sympathetic to the students who want to drive to school. Mr. Testino's son was not one of the students that received a parking pass, so he was not allowed to drive to school. Councilman Testino stated that he would not want to be a resident on these streets and that is part of the reason that he is supporting this ordinance. Councilman Testino spoke with the police and has determined that this is a safety issue for both the residents and the students. Councilman Testino recommended working with the Board of Education to try and work out this problem.

Councilman Butler stated that he believes that this is a safety issue and in the past the council has always given precedence to the residents that are affected by the increased parking and traffic.

Councilman Volkert stated that the Board of Education provides busing for hazardous routes. Route 516 is a hazardous route and students parking in Trevor Place and Highpointe have to walk along Route 516. Councilman Volkert believes that the Board of Education should come up with a solution.

President Baker stated that in 1999 a resident from Valley Vale Road brought to the council's attention the parking problems. This gentleman stated that students from the high school and also commuters were parking in front of these homes and parking spots were locked up all day, residents are unable to have their lawns serviced because there is no parking. President Baker stated that in 1999 council members helped the residents of Valley Vale by instituting permit parking. President Baker read the names of the council voting in favor; which were – Councilmen Butler, Hoff, Maher, Sohor, Marinaccio, Testino. Councilmen Greene and Mannino were absent. President Baker urged council to approve this ordinance.

Subsequent to the vote the following comments were made

Mayor Phillips stated that Dr. Quirk estimates by November 14th 134 more spaces will be available. Mayor Phillips stated that he knows that on at least one occasion the police were on Brandywine Drive and issued a summons. Mayor Phillips stated that the Board of Education is looking into making a small field on their property for additional parking. Mayor Phillips believes that the high school is an extension of our town and we are working together on this property.

DISCUSSION ORDINANCE

Codification Ordinance

Attorney Convery stated that the codification book is on file in the clerk's office for review. Mr. Convery stated that the codification of the ordinances should be brought before the council within the next month for adoption.

CONSENT AGENDA

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

BINGO/RAFFLE

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

RESOLUTION #458-05

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:

RA73-05 Court Queenship of Mary
RA74-05 Court Queenship of Mary
RA75-05 Memorial School PTA
RA76-05 McDivitt School PTA
RA77-05 McDivitt School PTA

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

MEMORIALIZING REDUCTION OF PERFORMANCE GUARANTEE FOR THE PLAZA GRANDE AT PHEASANT PARK (THREE SPAN ARCH BRIDGE)

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

RESOLUTION #459-05

WHEREAS, the Plaza Grande at Pheasant Park, located on Spring Valley Road, Old Bridge, is now seeking a release of the performance guarantee for the Three Span Arch Bridge; and

WHEREAS, a bond hearing was held on September 26, 2005, at which time the Township Engineering Consultant and the Township Council were heard regarding said bridge structure; and

WHEREAS, the previous concerns outlined in the report of CME dated September 9, 2005 have been satisfactorily addressed; and

WHEREAS, the Consulting Engineer CME Associates, by memorandum dated September 22, 2005, recommends that the release requested for said bridge structure only be granted as follows, pending receipt of a two-year maintenance guarantee in the amount of $69,015.60 subject to review and approval by the Township Attorney:

Performance Bond $414,093.66
Original Cash Deposit $46,010.40
$460,104.06

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee for the Plaza Grande at Pheasant Park (Three Span Arch Bridge) be released as indicated above.

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZATION THE CANCELLATION OF CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE OF AND JAMES HYLAND, ESQ. AS ATTORNEY FOR THE ZONING BOARD OF ADJUSTMENT

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

RESOLUTION #460-05

WHEREAS, James Hyland, Esq. has been appointed as a Superior Court Judge for the State of New Jersey and can no longer serve as attorney for the Zoning Board of Adjustment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the contract between the Township of Old Bridge and James Hyland, Esq. is hereby canceled effective September 1, 2005

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH LAWRENCE SACHS, ESQ. FOR PRESENTATION OF THE TOWNSHIP ZONING BOARD

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

RESOLUTION #461-05

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation of the Township of Old Bridge Zoning Board of Adjustment; and

WHEREAS, Lawrence Sachs, Esq. a licensed New Jersey attorney is recognized as capable and available to undertake such work; and

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 Lawrence Sachs, Esq in the usual form.

2. The scope of the work to be performed by Lawrence Sachs, Esq. shall be: Representation of the Zoning Board of Adjustment.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Available of Funds No.1381 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 (From 9/1/2005 – 12/31/05)
Cert No. No. 1381____
Amount $7,500.00___

4. This is a contract for professional services in accordance with the New Jersey Public Contracts Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Zoning Board of Adjustment.

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 AA20, 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 Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING PURCHASES IN EXCEPTION TO THE TOWNSHIP PURCHASING POLICY

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

RESOLUTION #462-05

WHEREAS, the Township of Old Bridge has a purchasing policy in place; and

WHEREAS, from time to time purchases are made that are inconsistent with the purchasing policy procedure.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township is authorized to purchase the items listed below that were acquired in a manner inconsistent with the established purchasing policy:

Good Year Tires from Max Finkelstein Inc. NJ State Vendor Contract No. A80038, not to exceed $2,000.00 Certification of Availability of Funds #1385

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION CONSTITUTING AN AGREEMENT WITH CANON BUSINESS SOLUTIONS

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

RESOLUTION #463-05

WHEREAS, the Township of Old Bridge as a contracting unit may, without advertising for bids, purchase any materials, supplies or equipment under any contract or contracts for such materials, supplies or equipment entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury pursuant to the provisions of N.J.S.A 40 40A:11-12; and

WHEREAS, the Township Council of the Township of Old Bridge wish to evidence an agreement with Canon Business Solutions through this Resolution and a property executed purchase order, which agreement shall be subject to all the conditions applicable to the State Contract; and

WHEREAS, the Township Council of the Township of Old Bridge wish to authorize the Purchasing Department to purchase said services from an approved New Jersey State Contract Vendor not to exceed $14,853.60.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that this resolution together with properly executed purchase order shall constitute an agreement between the Township of Old Bridge and Canon Business Solutions, State Contract Vendor subject to all conditions applicable to the current State Contract;

BE IT FURTHER RESOLVED that the Township Council of the Township of Old Bridge hereby authorized the Purchasing Department to purchase from an approved New Jersey State Contract Vendor, Canon Business Solutions.

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that pursuant to the rules of the Local Finance Board of the State of New Jersey that no amount of this Contract shall be chargeable or certified, until such time as goods are ordered or otherwise called for prior to placing the order and a certification of available funds made by the Director of Finance upon receipt of a properly executed purchase order. The individual issuing the purchase order shall have the obligation of securing the necessary certification as to the availability of funds from the Director of Finance.

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING THE PURCHASE OF TEN (10) POLICE CARS UNDER STATE CONTRACT #A45069 TO WINNER FORD OF CHERRY HILL

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

RESOLUTION #464-05

WHEREAS, the Township of Old Bridge wishes to purchase ten (10) police cars under State Contract No. A45069; and

WHEREAS, the Township of Old Bridge wishes to purchase under such state contract the aforesaid vehicles for the price of $201,226.30; and

WHEREAS, Winner Ford, 250 Haddonfield-Berlin Road, Cherry Hill, NJ has been awarded New Jersey State Contract A45069; and

WHEREAS, the Township wishes to award the State Contract for the ten (10) police cars to Winner Ford.

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. Winner Ford is hereby awarded a contract in the amount of $201,226.30 for ten (10) police cars.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1384 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. Compliance by the Vendor with signing the mandatory affirmative action Language required by law.

C. 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 Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

CANCEL AND REFUND REAL ESTATE TAXES 100% DISABLED VETERAN

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

RESOLUTION #465-05

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

1063.463    3/17/99                    $1,913.94                          $732.92

Date of Sale 7/25/05

Richard Farley
463 Raritan Blvd

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

TEMPORARY BUDGET APPROPRIATION

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

RESOLUTION #466-05

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 $65,550.00 and that said emergency temporary appropriation shall be provided in full in the 2006 budget.

Current Budget
Other Expenses $65,550.00
TOTAL $65,550.00

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING A PUBLIC AUCTION FOR SURPLUS PROPERTY

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

RESOLUTION #467-05

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 any public use; and

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

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

WHEREAS, this auction is to be held on Thursday evening, November 10, 2005

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 than seven (7), nor more than fourteen (14) days after the publication date of the notice of 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 the Township does hereby reserve the right to reject any and all bids.

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING THE PURCHASE OF SALT SPREADERS FOR THE RECREATION DEPARTMENT UNDER STATE CONTRACT #A58291 TO SEELY EQUIPMENT & SUPPLY CO.

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

RESOLUTION #468-05

WHEREAS, the Township of Old Bridge wishes to purchase salt spreaders for the Recreation Department under State Contract No. A58291; and

WHEREAS, the Township of Old Bridge wishes to purchase under such state contract the aforesaid salt spreaders for the price of $10,600.00; and

WHEREAS, Seely Equipment & Supply Co., 1325 Highway 34 Farmingdale, NJ 07727 has been awarded New Jersey State Contract A48291; and

WHEREAS, the Township wishes to award the State Contract for the salt spreaders to Seely Equipment & Supply Co.

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. Seely Equipment & Supply Co is hereby awarded a contract in the amount of $10,600.00 for salt spreaders.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1383 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. Compliance by the Vendor with signing the mandatory affirmative action Language required by law.

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

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 Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING THE PURCHASE OF SNOW PLOWS FOR THE RECREATION DEPARTMENT UNDER STATE CONTRACT #A58291 TO SEELY EQUIPMENT & SUPPLY CO.

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

RESOLUTION #469-05

WHEREAS, the Township of Old Bridge wishes to purchase snow plows for the Recreation Department under State Contract No. A58291; and

WHEREAS, the Township of Old Bridge wishes to purchase under such state contract the aforesaid salt spreaders for the price of $10,000.00; and

WHEREAS, Seely Equipment & Supply Co., 1325 Highway 34 Farmingdale, NJ 07727 has been awarded New Jersey State Contract A48291; and

WHEREAS, the Township wishes to award the State Contract for the snow plows to Seely Equipment & Supply Co.

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. Seely Equipment & Supply Co is hereby awarded a contract in the amount of $10,000.00 for snow plows.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1382 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. Compliance by the Vendor with signing the mandatory affirmative action language required by law.

C. 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 Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AWARDING CONTRACT #2005-36 FOR IMPROVEMENTS TO MUNICIPAL COMPLEX SIDEWALKS

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

RESOLUTION #470-05

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 2005-36 for improvements to Municipal Complex Sidewalks; and

WHEREAS, bids were received and opened on October 7, 2005; and

WHEREAS, the Township of Old Bridge wishes to award this contract for the improvements to the Municipal Complex sidewalks; and

WHEREAS, our Township Director of Finance has recommended that a contract be awarded to Pioneer General Contracting Company.

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

1. Pioneer General Contracting Company with principal offices located at 1696 Englishtown Road, Old Bridge, NJ 07747 is hereby awarded a contract in the amount of $75,399.75 for improvements to the Municipal Complex sidewalks.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1387 certifying the existence of a sufficient appropriation to fund 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. Compliance by the Vendor with signing the mandatory affirmative action language required by law.

C. Compliance by Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with Affirmative Action employee information reporting.

D. This is a State aided project; therefore, the award of this contract is subject to approval by the New Jersey Department of Transportation.

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING CANCELLATION & RESCHEDULING OF TOWNSHIP COUNCIL MEETING

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

RESOLUTION #471-05

WHEREAS, the Township Council wishes to cancel the Regular Township Council Meeting scheduled for Monday, October 31, 2005 (Halloween Night); and

WHEREAS, the Township Council wishes the Agenda Meeting scheduled for October 24, 2005 to be changed to a combined meeting.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Regular Township Council Meeting scheduled for Monday, October 31, 2005 be canceled and the Agenda Meeting scheduled for October 24, 2005 be changed to a combined meeting.

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING THE PURCHASE OF SNOW PLOWS FOR THE ROAD DEPARTMENT UNDER STATE CONTRACT #A58291 TO SEELY EQUIPMENT & SUPPLY CO.

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

RESOLUTION #472-05

WHEREAS, the Township of Old Bridge wishes to purchase snow plows for the Road Department under State Contract No. A58291; and

WHEREAS, the Township of Old Bridge wishes to purchase under such state contract the aforesaid salt spreaders for the price of $6,800.00; and

WHEREAS, Seely Equipment & Supply Co., 1325 Highway 34 Farmingdale, NJ 07727 has been awarded New Jersey State Contract A48291; and

WHEREAS, the Township wishes to award the State Contract for the snow plows to Seely Equipment & Supply Co.

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. Seely Equipment & Supply Co is hereby awarded a contract in the amount of $6,800.00 for snow plows.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1388 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. Compliance by the Vendor with signing the mandatory affirmative action Language required by law.

C. 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 Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION AUTHORIZING THE PURCHASE OF SALT SPREADERS FOR THE ROAD DEPARTMENT UNDER STATE CONTRACT #A58291 TO SEELY EQUIPMENT & SUPPLY CO.

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

RESOLUTION #473-05

WHEREAS, the Township of Old Bridge wishes to purchase salt spreaders for the Road Department under State Contract No. A58291; and

WHEREAS, the Township of Old Bridge wishes to purchase under such state contract the aforesaid salt spreaders for the price of $10,600.00; and

WHEREAS, Seely Equipment & Supply Co., 1325 Highway 34 Farmingdale, NJ 07727 has been awarded New Jersey State Contract A48291; and

WHEREAS, the Township wishes to award the State Contract for the salt spreaders to Seely Equipment & Supply Co.

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. Seely Equipment & Supply Co is hereby awarded a contract in the amount of $10,600.00 for salt spreaders.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1389 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. Compliance by the Vendor with signing the mandatory affirmative action Language required by law.

C. 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 Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Maher.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos.

RESOLUTION DECLARING VACANCY ON THE TOWNSHIP OF OLD BRIDGE HOUSING AUTHORITY

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

RESOLUTION #474-05

WHEREAS, Maryann Gurliaccio is an appointed member of the Township of Old Bridge Housing Authority; and

WHEREAS, Maryann Gurliaccio no longer resides within the corporate limits of the Township of Old Bridge; and

WHEREAS, she has failed to attend and participate at meetings of the Housing Authority for a period of eight consecutive weeks or four consecutive meetings.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that pursuant to N.J.S.A. 40A:9-12.1(f) and (g) the appointed membership of Maryann Gurliaccio is hereby deemed vacant.

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

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

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

Prior to the vote the following discussion took place.

Councilman Greene inquired as to why the council was declaring a vacancy.

Councilman Butler stated that Chairwoman Gurliaccio left in June and a full board in needed in order to take care of items.

Councilman Calogera thanked Ms. Gurliaccio for her service.

RESOLUTION FOR THE MIDDLESEX COUNTY RECYCLING ENHANCEMENT GRANT

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

RESOLUTION #475-05

WHEREAS, the County of Middlesex is continuing to recognize the importance of recycling and the role that the individual municipalities play in conjunction with the County towards achieving an exemplary recycling rate has proposed to provide grant monies to municipalities through the Recycling Enhancement Grant (REG) Program; and

WHEREAS, It is the intent of the REG Program to provide matching funds to qualifying municipalities to be used for recycling education projects to enhance the municipality's recycling program; and

WHEREAS, It appears to be in the best interest of the Township of Old Bridge and its citizens to apply for this grant.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the recycling coordinator Debra Depew is hereby authorized to submit the attached application for consideration of a matching grant to the Middlesex County Division of Solid Waste Management.

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.

ABSTAIN: Councilman Testino.

RESOLUTION AUTHORIZING A PERSON TO PERSON TRANSFER OF CONSUMPTION LICENSE NO. 1209-33-016-009 FROM TRE FRATELLI, INC. TO FINE DINING GROUP, LLC.

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

RESOLUTION #476-05

WHEREAS, application has been filed for a person to person transfer of Plenary Retail Consumption License #1209-33 016-009 ; heretofore issued to Tre Fratelli Inc., t/a Tre Fratelli for premises located at 392 Route 34, P.O. Matawan, N.J. 07747, Old Bridge Township, New Jersey to FINE DINING GROUP, LLC. , t/a TRE FRATELLI for premises located at 392 ROUTE 34, P.O. MATAWAN, N.J. 07747, Old Bridge Township, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations, promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid and the license has been properly renewed for the current license term;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve the person-to-person transfer of the aforesaid plenary retail consumption license effective October 17,2005 and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all of its terms and conditions, is hereby transferred to FINE DINING GROUP, L.L.C. effective October 17, 2005 .

BE IT FURTHER RESOLVED that said transfer is hereby conditioned that no go-go dancing be allowed.

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, President Baker.

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

APPOINTMENT – HOUSING AUTHORITY – TERM EXPIRING 5/31/09

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

RESOLUTION #477-05

WHEREAS, Bryan A. Hoffmann be appointed to fill the unexpired term of Maryann Gurliaccio, with a term expiring May 31, 2009 on the Housing Authority.

Moved by Councilman Testino, seconded by President Baker 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 vote the following discussion took place.

Councilman Butler thanked Ms. Gurliaccio for all the time and effort she put in on the Housing Authority.

DISCUSSION

Part-Time employees receiving benefits

Councilman Maher stated that during the budget workshops he learned that there are certain individuals that are receiving sick days, vacation and holiday time. Councilman Maher stated that there are around thirty part-time employees that are receiving these benefits. Councilman Maher asked if there were any part-time employees that are receiving complete benefit packages.

Mayor Phillips stated that he is unaware of any part-time health benefits. Mayor Phillips asked Councilman Maher who this person was who was receiving the full benefit package. Mayor Phillips stated that almost all the employees that are involved in these benefits are in the before and after school program. Mayor Phillips believes that these may have been one of the benefits that were given when this program was put into effect. Mayor Phillips stated that the before and after school program is a self-sustaining program, which also has a surplus. Mayor Phillips stated that there are six other employees outside the school program that enjoy these benefits and that was done by ordinance by the council. Mayor Phillips stated that he would not like to see this become a detriment to the before and after school program.

Mr. Jacobs stated that the ordinance requires that any employee that works 20 hours or more would get these benefits. Mr. Jacobs agrees that part-time employees should not receive these benefits. Mr. Jacobs stated that no-one has been hired for more than nineteen hours for that reason. If the ordinance was changed, it would allow part-timers to work more hours. Mr. Jacobs stated that he has concerns about making these retroactive because he would not like to see this affect the daycare program. Mr. Jacobs would be in favor of grandfathering the employees that are all ready working in the daycare program.

Councilman Maher stated that he would like to put a freeze on this immediately. Councilman Maher stated that he would like to put an ordinance up for the next meeting eliminating these benefits.

Mayor Phillips asked Councilman Maher to speak with the director of the daycare program before an ordinance is put forth, to see how this would impact the program. Mayor Phillips stated that this is the most successful program.

Councilman Maher asked if this would impact their pensions.

Mayor Phillips stated that anyone in government that earns more than $1,500.00 is in the pension system. Mayor Phillips stated that most of the employees in the daycare program are also employees of the Board of Education.

Councilman Maher stated that he believes that this is double-dipping.

Mayor Phillips stated that it is very difficult to get employees for these programs.

Councilman Maher does not believe that the township should be giving these benefits to any part-time employees.

Councilwoman Panos stated that most of these employees are mothers.

Councilman Maher asked that the Township Attorney draft an ordinance for the next meeting eliminating these benefits.

Mayor Phillips stated his concern again that nothing be done before assessing the impact on the daycare program.

Councilman Maher stated that he will meet with the program director of the course of the week.