A combined meeting of the Township Council of the Township of Old Bridge was held on Monday, October 24, 2005 in the Municipal Complex. The meeting was called to order at 7:30p.m. by Vice-President Gillespie who asked all present to participate in a salute to the flag which was followed by a short prayer. Vice-President Gillespie asked for a moment of silence for our troops who are in harms way and for the victims of the hurricanes.
Deputy Clerk Stella Ward announced that the meeting was being held in conformance with the open public meetings act and that notice has been given to the newspapers and notice of the meeting has been posted in public places.
Roll call by Deputy Clerk Stella Ward showed the following members present: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-President Gillespie. President Baker was absent.
BILL LIST
RESOLUTION NO. 480
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 October 24, 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 24, 2005 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 $12,855,417.68 Accounts Payable
Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-President Gillespie.
NAYS: None.
ABSENT: President Baker
PRELIMINARY PUBLIC COMMENTS
Linda Seiler commented on the Ethics Board and the fact that they have only had two meetings and the pending issues were not settled. Ms. Seiler wanted to know when the Board was going to reconvene. Ms. Seiler also commented on the amount of no-bid contracts issued over the last two years. Also, Ms. Seiler was outraged about campaign literature she received which she felt were untrue allegations against Councilman Calogera. Ms. Seiler reiterated her complaint on allowing additional volunteers to participate in the TV station operation. The public is demanding honesty in the operation of this government.
Dr. Anita Greenberg stated she believed in honesty and integrity. Regarding the latest flyer she received which was about fiscal responsibility and she stated it was unfortunate that President Baker was not present at this meeting as she had several questions for him regarding his statements about cutting government spending. Another question Dr. Greenberg had dealt with cutting unnecessary administrative expenses and what President Baker did to accomplish this. Also she wanted to know how he got a smarter, leaner Old Bridge government and improved local government services; what local services. Taxes have gone up and you can blame it on the Board of Education, but as the Mayor stated the schools are part of our community. If you are solving busing issues and parking permit issues, you can give your expertise to the budget. It is unfortunate that we do not have a budget, which should have been done in July. Dr. Greenberg stated that there has been more bonding in the past year than ever done before; there are one shot revenues, transferring money from the Open Space Trust Fund, which was not supposed to be used for anything except open space land purchases. With regard to fiscal responsibility, spending $100,000 for a $6,000 position does not sound like fiscal responsibility, who is funding this campaign. Honesty is important and Mr. Baker is taking credit for things he had nothing to do with such as preserving open space and Cedar Ridge Phase I & II.
Mr. Rao spoke regarding the upcoming elections and wished all the candidates good luck. He was concerned about the taxes in the township. He is also concerned about the governor's race and the negative campaign being waged and he does not want a negative campaign waged on the township level.
Vice-President Gillespie advised Councilman Calogera that he could respond to the public comment by Ms. Seiler about the campaign literature she received since his name was mentioned.
Councilman Calogera referred to a flyer that was sent out by his opponent Issac Crosson claiming that he and his neighbor received sidewalk repairs and paving at taxpayer expense. Councilman Calogera presented a canceled check payable to the contractor for the work done at his home. Councilman Calogera stated that this was an outright lie in an effort for Mr. Crosson to get elected. Many other people have paid to have their sidewalks and driveways repaired. Integrity is more than printing lies. For a person such as Mr. Crosson who touts honesty in government in their literature, his feeling was Mr. Crosson that you have failed to obtain those attributes for himself. If there was any notice of impropriety, you should have notified me and you would have been furnished with a copy of my canceled check. Mr. Calogera invited all to an open house at his home on November 2 and 3 from 7-10pm.
PROCLAMATION
October is Disability Awareness Month
Mayor Phillips made a presentation to Anita Clavering on behalf of Disability Awareness Month.
Anita Clavering accepted the presentation on behalf of all disabled persons. Ms. Clavering thanked the Mayor and the Council for this recognition. She also hoped that this proclamation would encourage citizens without disabilities from parking in handicapped zones that are exclusively and legally for motorists and passengers with disabilities. With the ground breaking of the Chuck Costello Housing complex people with disabilities will have an opportunity to live independently. She hoped that this proclamation will recognize citizens with disabilities both as volunteers and as employees who contribute to the betterment of society.
HEARINGS
H-1 Release/Reduction Performance Guarantee - Matthew Daskalakis
Attorney Convery stated he has been advised by the Clerk's office that certain paperwork was not provided under our ordinance. This matter will be carried to our next meeting November 14, 2005, but you will not be put on the agenda until the missing information is provided to the Clerk.
H-2 Release/Reduction Performance Guarantee New York Sports Club/Town Sports International - Block 11232, Lot 1
Attorney Heilbrunn advised that he had sent a fax to the Clerk and the Engineer requesting that this matter be carried to the November 14th meeting. Some of the listed items have not been completed by his client and he wanted them in place prior to the hearing.
Motion
Motion to carry this hearing to the November 14, 2005 meeting without further notification or publication made by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Testino, Volkert, Vice-President Gillespie
NAYS: None.
ABSTAIN: Councilman Maher
ABSENT PODIUM: Councilwoman Panos
ABSENT: President Baker
DISCUSSION ORDINANCES
DO-1 Ordinance restricting the residency of sex offenders within 1000 feet of mapped areas.
Vice-President Gillespie stated that maps received in the packet were not quite clear.
Mayor Phillips stated that Ed Lauer from engineering drew up the maps. According to the ordinance there has to be 1000 feet between certain sites, i.e., schools, parks, playgrounds, ice-skating rink, and the residency of a known sex offender. The reason he requested the map was because the original request was for zero tolerance. On that map, you see free zones and safe zones. The blue area indicates where these offenders could not live and the red area is where they would be allowed to live in Old Bridge. According to this map, Mayor Phillips felt that entirely too much of the town was in question. When looking at this map there is concern and if we expanded this to 2500 feet there would still be areas that would not be covered. Mayor Phillips stated that he was concerned about the enforcement of this law as it opens the township up to litigation and he wanted the Council to be aware of it.
Mayor Phillips stated that Capt. Popek has been very enlightening to him as to what the procedures are regarding who this ordinance might affect. Capt. Popek advised that there is a web site that every individual who the attorney general placed on the list is noted. There is a level that you have reach to achieve that status and there is one individual listed at this level who resides in Old Bridge. It is very important that we try to protect the people of Old Bridge, but this is an issue that needs some more clarity of thought. Whatever we do, we are going to end up in litigation on this and it will be expensive and this will be an ordinance that protects only half the township. We need to come-up with an ordinance that will protect the whole town and still be defensible.
Councilman Calogera thanked the engineering department for the preparation of the maps. Other towns have put through ordinance with the 1000 ft. minimum. His main concern was to get an ordinance through that will be effective and that by not having one we leave ourselves open to problems. It is extremely important that we address this issue and he would be willing to work with administration in bringing this ordinance to completion and fit all our needs.
Councilman Greene stated that Councilman Calogera is going in the right direction and support his initiative. His concern was such as the drug free zones, why is it limited to 1000 ft., he feels that all of Old Bridge should be a drug free zone. We should do every thing we can within our legal guidelines to make sure no stone is unturned and we make this as broad as possible.
Councilman Butler stated we need copies of ordinances from other towns so that we can be on solid ground and by looking at what the other towns did, we can save ourselves some grief.
Councilman Calogera stated that we did send copies to Council of other town's ordinances a few months ago so they could look at them and make comparisons and the better one that we received was from Hamilton Township and we fashioned ours on this one.
Vice-President Gillespie stated that no town had an ordinance on this subject until the last year or so. This is a recent phenomenon and this issue has not yet been tested in a state or federal court. The problem that is seen here is that there are whole sections of Wards 2, 3, 4, 5, parts of Ward 6 and some areas in Ward 1 that are not protected and he would be uncomfortable in having any part of Old Bridge unprotected.
Councilman Calogera agreed and said he brought this to the Council for discussion so that we can get started and within a reasonable amount of time put something through with the help of the entire Council.
DO-2 Ordinance amending land development ordinance requiring digitized copies of the plan from the developer
Attorney Convery stated that an amendment had been discussed previously where we would go to a digitized copy, this has been expanded by James Cleary as our acting township engineer. He has taken the first part that recommends that the applicant before a zoning or planning board provide a digitized copy of the final approved plans for the municipal engineer to review. He has built in an exception for an extremely minor matter, such as a homeowner who goes before a zoning board of adjustment, they would not have to come up with a digitized copy. He has also indicated the final plan should be submitted to the township engineer's office on a CAD generated data file. It is a good idea and Mr. Rizzo agrees with this plan.
James Cleary stated there are two purposes for this change, the current ordinance talks about submitting final recorded drawings and microfilming ant that is outdated so it our recommendation that we go with the electronic system. We have also been looking into a GIS plan, this takes information from various sources and one of them is on the autocad system and we are looking forward to bringing our records into compliance.
Councilwoman Panos inquired as to how the public would have access to this?
James Cleary stated there would be hard copies on file for review.
Vice-President Gillespie stated that by integrating this into our GIS system eventually that would become public and the public would have access to our GIS system which is what we intended all along.
Vice-President Gillespie asked the attorney to prepare an ordinance for consideration at the next meeting.
Attorney Convery stated that he would put in ordinance form for first reading at the next meeting.
DO-3 Ordinance amendment regarding regular part time employees (eliminating vacation and sick leave benefits)
Vice-President Gillespie requested that we have a list of employee names, but in discussing this by the Council that no individual employee names be mentioned.
Attorney Convery stated that Councilman Maher requested that he prepare an ordinance eliminating sick leave and vacation time for regular part time employees and he mentioned the idea of a "grandfather" clause. This was incorporated into one ordinance by saying "…all regular part time employees who were hired prior to November 1, 2005 shall receive pro rata vacation and sick leave. If you do not want to grandfather it, we will take this section out.
Councilman Maher stated that this is a bad business practice. Since 1999 we are allowing regular part time employees vacation, sick and holiday time. The bottom line is that the reason you have part time employees is so you do not pay these benefits. Mr. Maher stated that he did request the attorney to prepare this ordinance for Council and it would be effective immediately and rather than grandfathering this benefit, that we eliminate it effective immediately. A yes vote tonight by the Council would eliminate this practice. The people who have accrued the vacation/sick and holiday time prior to this date could keep it, but they would not accumulate further time. A "no" vote by the Council tonight would allow this practice to continue.
Mayor Phillips stated the he was unfamiliar with this practice. Marsha Rosenbaum is present this evening and she has the historical basis for this practice. Mayor Phillips felt that the ability to pay this benefit was incorporated in 1999 and requested Marsha to explain how this came about.
Marsha Rosenbaum stated the practice of giving sick and vacation time to part time employees was in the ordinance all along for people who were regular part timers not seasonal employees or people who did not work on a 12 month basis. When the Before/After School program came into effect, which was back in 1992 or 1993, we had many different employees who worked many different hours. They all did receive a portion of sick/vacation/holiday time depending on the number of hours that they worked. When this was reviewed in 1999, it was decided that people who were working 2-3 hours a day created bookkeeping problems and it was not feasible to have people who worked 2-3 hours day receive sick/vacation/ holiday time. The decision was made to grandfather the people that were receiving it, but anybody hired after April 15, 1999, would not get it unless they worked a minimum of 20 hours per week, and that has been the practice since that time. Most of the people on the list fall into the Before/After School Program; there are about 8 other employees in other departments who have been working here for a number of years and some who have only worked a few years as indicated in the date of hire. The practice currently in place is to hire part timers for less than 20 hours per week, thereby eliminating the benefit. This practice was always in ordinance form it was not a discretionary item.
Vice President Gillespie inquired the reason for this change in 1999, was it for employee retention of some sort.
Marsha Rosenbaum responded that she was not sure that was the actual reason, but a person hired with those provisos in their employment and, if so, they did not want to harm them.
Councilman Butler inquired whether or not this program was paid for by the taxpayers or self-funded.
Himanshu Shah responded that the program referred to as the Before/After School Program and that is a user funded program and when you talk about the part timers, many of the employees listed are part of this program. Mr. Shah reiterated that this is a very successful program and the retention of the employees in that program is very critical to the program.
Councilman Testino inquired whether or not there has been an opportunity to meet with these employees that may be impacted with this change and what was their reaction?
Himanshu Shah responded that there have been no meetings.
Councilman Testino explained that was one of the critical components for him as he did not want to interfere with the Before/After School Program if this ordinance was to be passed.
Marsha Rosenbaum stated that the manager of this program was present this evening and she introduced Greg Grieve so that he could answer any questions.
Greg Grieve stated he was the new manager for the Before/After School Program and has not had the opportunity to speak with his employees about the proposed changes.
Vice President Gillespie stated that a lot of these employees are long time employees and actually predate the ordinance. We have set up a past practice here and even though these employees are not represented, they still have rights. Mr. Gillespie inquired as to how hard it is to find employees for day care type programs in general.
Mr. Grieve responded that it is a challenge to get teachers who are highly qualified to stay with our program, but given these benefits of vacation and sick time, makes them stay with the program and that is why we have these long term employees, some of whom have been with the township for over 10 years.
Councilwoman Panos inquired, if this ordinance went into effect would the fees be reduced for the parents since they do not have to pay benefits to these people.
Vice-President Gillespie responded this is not part of the ordinance before the Council.
Councilwoman Panos responded if you are not giving sick or vacation benefits, that reduces the cost of the program.
Vice-President Gillespie responded again that this was not part of the ordinance provided this evening and was not addressed in it.
Councilwoman Panos inquired if the parents were surveyed as to their feelings on this matter. Could a survey be put out to these parents? This is not taxpayer dollars, they are being paid by the parents and do they have objections to paying this vacation and sick time? Mrs. Panos stated that she had reached out to these before and after school caretakers, they were very upset by this proposal. More than half of these people make less than $10.00 per hour and they are very dedicated to the children and the township.
Councilman Calogera inquired as what the total savings would be achieved by eliminating these benefits.
Himanshu Shah responded that the annual entitlement is approximately $34,000.00; $19,000 of which is paid by the program itself.
Councilman Calogera stated that divided by 32 employees this was less than $1000.00 per employee. Mr. Calogera inquired how stopping this benefit would impact the program and the attracting of employees.
Himanshu Shah stated that it would have a severe impact on keeping and filling these positions and we have good cooperation from the schools and if we tried to run this program privately you could not afford the kind of salary that is involved for this kind of work. The program's success depends on these employees. Also, if you do not pay this benefit, you will ultimately spend more money in salaries.
Councilman Calogera stated that it is commendable to try and save money for the township, however on this issue there are concerns because of the negative effect on the program.
Himanshu Shah stated that Mike Jacobs had some recommendations for this program, and we should wait to hear his ideas because this is a critical program and we must have staffing to maintain this program, so you want to be very careful with what is done to it.
Councilman Calogera stated he would rather have the integrity of the program especially when it comes to the welfare of our children and he feels the quality of the employees is essential. It is not excessive to pay $1000.00 per person for benefits to these people especially since it is a self-funding program that pays for itself.
Vice-President Gillespie shares some of the same concerns having had his own children in private day care and it can be difficult to obtain and retain qualified employees.
Councilman Maher reiterated that this was a bad business practice; it sets a precedent. He stated he was not attacking the Before/After School Program, but there are a lot of impacts with respect to other part time township employees and opens a lot of potential problems.
Motion
Motion by Councilman Maher to move up for first reading the ordinance to eliminate vacation and sick leave benefits for part time employees.
No Second (Motion Fails)
CONSENT AGENDA
Vice-President opened the Consent Agenda to the Public:
Linda Seiler inquired as to why money was being transferred into the parking utility?
Himanshu Shah responded this budget is similar to the operating budget which is a self-sustained and separate utility and we need to appropriate until we adopt a final budget on the utility.
Linda Seiler inquired as to what period of time this represents and how much money is paid in salary and benefits for this utility?
Vice-President Gillespie responded that he did not have the answer.
Himanshu Shah responded that any information regarding salary can be obtained from the proposed budget which is available on line. This represents a one month period of operation.
Linda Seiler stated she would like a breakdown in writing of all the expensed that goes into the parking utility.
Vice-President Gillespie asked the administrator to prepare this information.
Seeing no other hands Vice-President Gillespie closed the public portion.
BINGO/RAFFLE
RESOLUTION #481
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk is hereby authorized and directed to issue to the applicant the following licenses:
BA01-06 St. Thomas the Apostle RA07-06 St. Thomas the Apostle
BA02-06 St. Thomas the Apostle RA08-06 St. Thomas the Apostle
BA03-06 St. Thomas the Apostle RA09-06 St. Thomas the Apostle
BA04-06 St. Thomas the Apostle RA10-06 St. Thomas the Apostle
BA05-06 St. Thomas the Apostle RA11-06 Madison Park PTA
RA12-06 Madison Park PTA
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, Vice-President Gillespie.
NAYS: None
ABSENT PODIUM: Councilman Testino
ABSENT: President Baker
RESOLUTION NO. 482
TEMPORARY BUDGET APPROPRIATION
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, 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:4020, an emergency temporary appropriation be and same is hereby made for in the amount of $2,131,050.00 and that said emergency temporary appropriation shall be provided in full in the 2006 budget. (See Attached).
CURRENT BUDGET
Other Expenses $2,060,800.00
ARENA UTILITY
Salaries & Wages $40,000.00
Other Expenses 25,000.00
PARKING UTILITY
Salaries & Wages $5,000.00
Social Security 250.00
TOTAL $2,131,050.00
Moved by Councilman Butler, Seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, Vice President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Testino
ABSENT: President Baker
RESOLUTION #483
RESOLUTION AUTHORIZING THE REJECTION OF ALL BIDS WITH REGARD TO CONTRACT #2005-32 FOR PARK & RIDE SNOW REMOVAL
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Township of Old Bridge solicited bids in connection with Contract #2005-32 for snow removal at the Park & Ride; and
WHEREAS, the lowest responsible bid exceeds the cost estimates for the services pursuant to NJSA40A: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 Park & Ride snow removal are hereby rejected.
BE IT FURTHER RESOLVED, that the Purchasing Manager is hereby authorized to rebid.
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote
AYES: Councilmen Butler, Calogera, Greene, Maher, Volkert, Councilwoman Panos, Vice President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Testino
ABSENT: President Baker
RESOLUTION #484
RESOLUTION AUTHORIZING THE PURCHASE OF TWO 2006 FORD F350 TRUCKS UNDER STATE CONTRACT #A53249 TO PRINCETON NASSAU/CONOVER FORD
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 wishes to purchase (2) two 2006 Ford F350 trucks under State Contract #53249; and
WHEREAS, the Township of Old Bridge wishes to purchase under such State Contract the aforesaid vehicles in the amount of $49,276.00; and
WHEREAS, Princeton Nassau/Conover Ford, 902 Route 206, Princeton, New Jersey 08540 has been awarded New Jersey State Contract #A53249; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:
1. Princeton Nassau/Conover Ford is hereby awarded a contract in the amount the amount of $49,276.00 for (2) 2006 Ford F350 trucks.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1391 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 the 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, Greene, Maher, Volkert, Councilwoman Panos, Vice President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Testino
ABSENT: President Baker
RESOLUTION #485
RESOLUTION AWARDING BID #2005-39 TO CHAMPION CONTRACTING CORPORATION OF CDBG PROJECT
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, the Township of Old Bridge solicited bids in connection with Contract #2005-39 for the Cheesequake Village Window Rehab program; and
WHEREAS, the Township Council wishes to award the contract for the CDBG Project Window Rehab to the lowest responsible bidder; and
WHEREAS, Joseph Criscuolo, Director of the CDBG, has recommended that a contract be awarded to Champion Contracting Corporation of Matawan, New Jersey.
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. Champion Contracting Corporation with principal offices located at 952 Route 34, Suite 207, Matawan, N.J. 07747 is hereby awarded a contract in the amount of $66,250.00 for the Cheesequake Village Window Rehab under the CDBG project.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1390 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and the Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with the 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 Volkert, seconded by Councilman Butler and so ordered on the following roll call vote
AYES: Councilmen Butler, Calogera, Maher, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.
NAYS: None.
ABSENT PODIUM: Councilman Greene
ABSENT: President Baker
Prior to the roll call vote the following discussion took place.
Councilman Calogera inquired if this vendor was located in Matawan and were there only two bidders on this contract?
Vice-President Gillespie responded yes.
Councilwoman Panos inquired that there is a total with an allowance and a total without an allowance, what is this?
Vice-President Gillespie responded that it was for overruns.
Joe Criscuolo stated that when the window replacement was done, there could be additional work involved and this allowance was put in so that the work could be completed. Each of the allowances need to be approved prior to the additional work being permitted.
Councilman Calogera asked why there only two bids?
Joe Criscuolo responded it was a public bid and was advertised, and only two bidders responded.
Councilman Calogera inquired if there were any way to generate interest in our bids?
Mayor Phillips responded that trying to come up with qualified contractors is getting harder and harder to do. Your point is well taken, but it is getting more difficult to get qualified bidders. The bid packets are also getting more complicated and that adds to the problem.
PUBLIC COMMENT:
Linda Seiler hoped that Mr. Baker was watching at home and felt that it was calculated and cowardly that he was not present.
Vice-President Gillespie responded it was not fair to say this as he was not here to defend himself. The Clerk informed Mr. Gillespie that Mr. Baker was ill this evening.
Linda Seiler complained about not getting answers to her specific questions. It is unfortunate that the debates are taped and this should be changed in the future. Mr. Baker has taken credit for things he has not done and has not been truthful in things such as Crossroads and overdevelopment and shifting funds from open space to the general fund. Also, she had some written questions which were given to Mr. Shah and there has been no response.
Attorney Convery stated that he would be glad to answer any questions Ms. Seiler had on the Ethics Board and she should call him.
Ms. Seiler also questioned the staffing of the TV station and who is responsible for the station itself?
Mrs. Miller invited the Mayor, Council and everyone to the Annual Apple Festival on November 13th from 12 - 4 PM.
Vice-President Gillespie seeing no further hands closed the public portion.
COUNCIL COMMENTS
Councilwoman Panos inquired why Phillips Park is not allowed to be used. When will the public be allowed to use the park?
Vice-President Gillespie requested that acting Administrator Donatelli get this information.
Councilwoman Panos also wanted to know when the copies of the minutes from the Redevelopment Agency would be available.
Councilman Volkert stated that when they had the ground breaking for the park, they said it would probably be opened next spring and that they want the fields to take root before allowing any activity there.
Councilman Testino wished all the youngsters a good Halloween season and requested they be cautious and alert when crossing the streets and warn the older ones not to get into too much mischief on the night before because the police department is out there.
Councilman Calogera stated that he knows this is "silly season", but people seeking elected positions should keep things correct. You have a responsibility to be honest and respectful with people and be a true representative of the people.
Councilwoman Panos readdressed her question, because she felt Mr. Volkert misunderstood her question. She is well aware of the fact that the fields are new, her question was not for the use of the fields but rather for the use of the passive areas such as the bike paths.
Vice-President Gillespie responded that officially the park is not open and not for use. If they are hurt or injured there is liability. It is a beautiful park and will be worth the wait till it opens.
Mayor Phillips stated no one wants this park opened more than he does. The fact is that the contractor building this facility has not turned it over to the county. There are still some minor deficiencies by the contractor and until they are completed and the county will not accept the turning over of it until all the work is completed and acceptable. The park has not yet been dedicated and not yet open.
Vice-President Gillespie commented that there were debates that were taped and the staff of TV 14 worked hard on them and there is also more information for voters on the TV station, which is a tremendous asset to our township.