A regular meeting of the Township Council of the Township of Old Bridge was held on November 21, 2005 in the Municipal Complex. The meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

Preliminary Public Comments

Ms. Linda Seiler addressed the council on the issue of Pay to Play legislation. Ms. Seiler stated that she was happy that the new Governor Elect Corzine is a proponent of banning the practice of “pay to play”. Ms. Seiler urged the council to end the “pay to play” practice in Old Bridge.

Hearing

Release/Reduction Performance Guarantee Town Sports International/ New York Sports Club

Mr. Jonathan Heilbrunn; represented the applicant.

Mr. Gregory Valesi of CME Associate represented the Township of Old Bridge.

Mr. Convery stated that there was a report generated by CME, dated November 18, 2005 recommending that the council postpone or deny the release of the performance bond.

Mr. Heilbrunn stated that he has received the report. Mr. Heilbrunn asked the council conduct the public hearing tonight and if after the public hearing, the only outstanding issue is the storm water management, the council release the performance guarantee, but that it be held in abeyance, until the remediation, engineered and constructed by his client and is inspected and approved by CME.

Mr. Valesi stated that there are re-design and construction issues that have to be dealt with. When the drainage issue is addressed, there won't be any other issues and we would then recommend a release of the performance guarantee.

Attorney Convery stated that we can conduct the public hearing but that no bond would be released unless and until this comes back before the council for a resolution with the recommendation of CME for the release.

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

Councilwoman Panos stated that CME is stating that the proposed modifications to the existing basin cannot be constructed as per the approved plans. Councilwoman Panos asked who approved the plans.

Mr. Valesi stated that he did not know who approved the plans. Mr. Valesi stated that there were errors on the plans in terms of grading and information that was depicted on the original plan as existing; did not exist when we went out to the field. This is not uncommon and what has to be done is a design modification. In this case, they have constructed a good part of it and it is obvious that it does not work.

Councilwoman Panos asked if the design went before the planning or zoning boards.

Mr. Valesi stated that it did, but he was not sure which one.

Councilwoman Panos is concerned that this was approved in the township and yet it does not work.

Attorney Convery stated that this is a modification of the parking lot, it was an existing building. Attorney Convery stated that there have recently been changes by the Stat to the storm water management requirements, this case may be that the original design was not consistent with the present requirements.

Councilman Greene stated that CME reports that significant amounts of work needs to be done to the detention basin.

Mr. Valesi stated that a drainage connection cannot be made into the existing system. We are requesting that the applicant design an appropriate modification, which we would review and approved, there would then be a schedule drawn up and we would observe the improvements being done and insure that it works properly.

Councilman Greene stated that he is not comfortable approving a bond release when everything is not in order. Councilman Greene requested CME's recommendation be followed and that this be postponed until the improvements are completed.

Councilman Calogera stated that the planning and zoning boards approve plans based on recommendation from the experts. There are a number of areas in town where there are drainage problems because of the way the design has been calculated after the planning process. Councilman Calogera requested that the council consider discussion on not approving future plans until final drainage designs are submitted.

Mr. Valesi stated that it would be a good policy for whoever is signing the plans, that everything is buttoned up. Mr. Valesi stated that before an approval is issued the details should be there and if you ask your board engineer, there should be no open ended issue relative to drainage and grading.

Attorney Convery stated that there are three choices for the council to consider; denial, postponement or release with conditions.

MOTION

to postpone the Release of the Performance Guarantee of Town Sports International/ New York Sports Club; without further notification until no later than 60 days by Councilwoman Panos, seconded by Councilman Calogera and so ordered on the following roll call vote.

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

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

Release/Reduction Performance Guarantee Bridgepointe at Harbor LLC

Mr. Robert McGowan of Kara Homes represented Bridgepointe.

Mr. Gregory Valesi of CME represented the Township of Old Bridge.

Attorney Convery stated that CME is recommending postponement or denial for the release of the Performance Bond. The escrow account for inspection has been depleted and money needs to be deposited in order for CME to complete the inspections for the punch list.

Mr. McGowan stated that he was unaware that the escrow account had been exhausted and is hopeful that money will be deposited by Wednesday of this week. The attorney for the Bridgepointe Homeowners Association is in attendance tonight and we have agreed to meet with him and the attending residents after the hearing in the upstairs conference room to address the outstanding issues. The notification list is extensive and Mr. McGowan requested that this be continued until December 12th with out further notice.

President Baker opened the public portion.

Mr. Bruce Freeman; Attorney for the Bridgepointe Homeowners Association: There is meeting scheduled in the conference room where we will discuss numerous issues. Mr. Freeman requested that this be postponed for 60 days. Mr. Freeman does not believe that the numerous issues can be addressed before the December 12th meeting. Mr. Freeman has no objection to postponing the hearing with out further notification.

Mr. Mike Addeo (18 Capica Court) owned a home in Bridgepointe for two years. There are trees around his property that died and were removed two years ago which Kara Homes never replaced. Mr. Addeo also noted that his sidewalk and platform were promised by Kara Homes to be repaired and as of yet they haven't done anything.

Seeing no hands President Baker closed the public portion.

Mr. Freeman stated that there are numerous homeowners with the same complaints which will be addressed tonight.

Attorney Convery stated that the options for the council are postponement or denial, as recommended by CME Associates.

Mr. McGowan requested again that this hearing be carried until December 12th because money will be deposited into the inspection account and CME will have completed a review.

Councilman Calogera stated that in the prior hearing the outstanding issues were identified. With this applicant there are a number of issues and there in not money in the inspection account. Councilman Calogera thinks that it is unreasonable to continue this until December 12th.

Mr. Valesi stated that the law is 45 days after the money is deposited to the inspection account for CME to issue a report. Mr. Valesi does not feel that there is enough time if this is rescheduled for December 12th. Mr. Valesi recommended continuing this for 30 days from the date the money is deposited in the escrow account.

Mr. McGowan requested that this matter be rescheduled for the second meeting in January.

Councilwoman Panos stating that she is in favor of Mr. McGowan coming back before the Council on December 12th , so that the council can see what has been done and if necessary the matter can be postponed again.

President Baker stated that CME will not be able to issue a report by December 12th. President Baker recommended that this be rescheduled until the second meeting in January.

MOTION

to adjourn the hearing for Release/Reduction Performance Guarantee Bridgepointe at Harbor LLC until the second meeting in January of 2006 by President Baker, seconded by Councilman Butler and so ordered on the following roll call vote:

AYES: Councilmen Butler, Calogera, Greene, Volkert, President Baker.

NAYS: Councilwoman Panos.

ABSENT: Councilmen Gillespie, Maher, Testino.

Ordinance for First Reading

Township of Old Bridge
Ordinance No. 38-2005

SECTION 1

The Township of Old Bridge has introduced the Township of Old Bridge Code Book, 2005 – Titled “Ordinance #38-2005” at the meeting of November 21, 2005 which is a complete rewrite of its existing code book. The entire code book will be available on line at www.oldbridge.com after it is introduction and a hard copy has been filed in the office of the Municipal Clerk at One Old Bridge Plaza, Old Bridge, New Jersey, 08857, and will remain there for the use and examination by the public until final action is taken by the Council and thereafter while it is in effect if it is adopted. The code book is a codified book of ordinances regarding administrative, general and health code legislation in the Township of Old Bridge. Copies are available for inspection at the Library at the Municipal Complex. The Public hearing is scheduled for December 5, 2005 at the Main Municipal Building at 7:30 P.M.

The following Chapters are included:

OLD BRIDGE CODE
Table of Contents

General Provisions 1:1
Administration of Government 5:1
Vehicles and Traffic 10:1
Adult Entertainment 14:1
Air Pollution 21:1
Alarms and Alarm Systems 26:1
Alcoholic Beverages 30:1
Amusement Devices 35:1
Animals 39:1
Beach and Recreation Areas 52:1
Bows and Arrows 67:1
Business Establishments 86:1
Bus Shelters 90:1
Camping 93:1
Carnivals and Circuses 95:1
Conservation Easements, Notification of 103:1
Conservation Codes, Uniform 108:1
Curfew 114:1
Defense and Indemnification of Officers and Employees 119:1
Drug- and Drunk-Driving-Free Zones 124:1
Dry Cleaning Establishments, Coin Operated 133:1
Ethics 145:1
Farm, Right to 151:1
Fees 160:1
Fences 164:1
Festivals; Mass Gatherings 169:1
Fire Fighting 176:1
Fire Insurance Claims 180:1
Fire Prevention 185:1
Fireworks 189:1
Flea Markets 193:1
Flood Damage Prevention 198:1
Food and Beverages 203:1
Games of Chance 210:1
Graffiti 215:1
Hazardous Materials 221:1
Heating Devices 226:1
Homebuyers' Protection 230:1
Housing 235:1
Jewelry, Secondhand 242:1
Junkyards 247:1
Laundries, Self-Service 254:1
Library 258:1
Littering 265:1
Lunch Wagons, Mobile 273:1
Maps and Photographs 277:1
Mosquito Breeding Control 284:1
Multiple Dwellings 290:1
Mutual Aid 294:1
Noise 300:1
Nuisances 305.1
Numbering of Buildings 309:1
Obscene Materials 314:1
Parking Facilities 325:1
Parking Permits 331:1
Peace and Good Order 342:1
Peddling and Soliciting 347:1
Personnel Policies 351:1
Pesticide Control 355:1
Property Maintenance 366:1
Racetracks 373:1
Records, Public 380:1
Rental Property 388:1
Sales, Holiday; Christmas Trees Sales 394:1
Smoking in Public Buildings 422:1
Solid Waste 429:1
Stormwater Quality 432:1
Streets and Sidewalks 435:1
Swimming Pools, Public 438:1
Taxation 442:1
Taxicabs; Limousines 446:1
Tobacco, Sale of 450:1
Trees 457:1
Vehicles, Abandoned 463:1
Vehicles and Traffic See Ch. 10
Vehicles, Motorized Recreational 469:1
Vehicles, Sales of 475:1
Vendors 502:1
Volunteer Incentives 510:1
Water Systems; Water Supply 515:1
Water Shortage Emergency 519:1
Wreckers and Towing 527:1
Youth Camps 536:1
Youth Sports Code of Conduct 540:1

APPENDIX

Cable Television Franchise A600:1

DERIVATION TABLE

DISPOSITION LIST

INDEX

SECTION 2: 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 3. 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 4. 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 to the Township Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the ordinance pursuant to N.J.S.A. 40:69A-41 applicable when the Mayor has failed to return the ordinance, whichever occurs first.

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

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

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

AYES: Councilmen Butler, Calogera, Greene, Volkert, President Baker.

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

ABSENT: Councilmen Gillespie, Maher, Testino.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE #39-2005

AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF OLD BRIDGE BY ADDING A NEW ARTICLE III, POSSESSION OR CONSUMPTION ON PRIVATE PROPERTY BY UNDERAGE PERSONS, TO CHAPTER 30, ALCOHOLIC BEVERAGES, WHICH RESTRICTS THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS, AND WHICH ALSO CONTAINS PENALTIES FOR VIOLATION THEREOF

WHEREAS, the Township Council has determined it to be in the best interest of the Township of Old Bridge to adopt regulations restricting the consumption and possession of alcoholic beverages by underage persons on private property; and

WHEREAS, the Township is engaged in a codification project at this time; and

WHEREAS, it is the opinion of the Township Council that said provisions should be adopted in conjunction with the adoption of the Code of the Township of Old Bridge and be designated as Article III of Chapter 30, Alcoholic Beverages;

THEREFORE the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby ordain as follows:

Section 1:

The following shall be adopted as Article III of Chapter 30, Alcoholic Beverages, of the proposed Code of Township of Old Bridge:

ARTICLE III
Possession or Consumption on Private Property by Underage Persons

Section 30-13 Underaged possession or consumption.

It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.

Section 30-14 Definitions

As used in this article, the following terms shall have the meanings set forth:

GUARDIAN – A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

RELATIVE – The underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity

Section 30-15. Violations and penalties; suspension of driving privileges.

A. Any person violating the provisions of this article shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250.00 for a first offense and $350.00 for any subsequent offense.

B. In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1.2. If a person at the time of the imposition of sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

C. If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and the sex of the person, as well as the first and last date of the license suspension period imposed by the court.

D. The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A.39:3-40. A person shall be required to acknowledge receipt of written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

E. If a person convicted under this article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresidential driving privilege of the person based on the age of the person and submit to the Division of Motor Vehicles on the required report. The court shall not collect the license of a nonresidential convicted under this article. Upon receipt of a report from the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

Section 30-16 Exceptions

A. Nothing contained in this article is intended, nor shall it be construed, as prohibiting an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

B. Nothing contained in this article is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or a hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this article shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81 or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

Section 2. 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 3. 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 4. 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 Volkert and so ordered on the following roll call vote:

AYES: Councilmen Butler, Calogera, Greene, Volkert, President Baker.

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

ABSENT: Councilmen Gillespie, Maher, Testino.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 40-2005

ORDINANCE AMENDING ATHLETIC FIELD RENTAL SECTION 5-10.5

Section 1. Purpose

The purpose of this amendment is to reduce the fees for athletic field rental for Class C (Private/Commercial Teams and Leagues) for day games.

Section 2. Amendment to Section 5-10.5 Athletic Field Rental

This section is hereby amended as follows:

Class C
Private/Commercial teams and leagues

A. Per Game (Day) $10.00
B. Per Game (Lighted) $50.00

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

AYES: Councilmen Butler, Calogera, Greene, Volkert, President Baker.

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

ABSENT: Councilmen Gillespie, Maher, Testino.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 41-2005

ORDINANCE TO AMEND CHAPTER III PERSONNEL SECTION 3.5 WORKING CONDITIONS

SECTION 1 PURPOSE

The purpose of this amendment is to amend Chapter III of the Code in regard to Personnel Policies for sick leave, vacation, and health insurance coverage.

SECTION 2: AMENDMENT TO CHAPTER III, PERSONNEL SECTION 3.5 WORKING CONDITIONS

3-5.1 Vacations
Amend as follows:

a.4.

Regular part-time employees hired prior to December 1, 2005 who work a minimum of twenty (20) hours per week, and all “Before and After/Family Day Care Program” employees who work a minimum of twenty (20) hours per week shall receive pro rata vacation. Regular part-time employees hired after December 1, 2005 shall not be eligible for vacation.

3-5.1 Vacations.
Amend as follows:

b. Applicability: The foregoing schedules shall apply to all personnel covered under this section employed as of January 1, of the current year. Personnel employed after January 1, of the current year shall be entitled to a pro-rata share of the applicable benefits based on their date of hire.

3-5.1 Vacations

Amend as follows:

c. Carrying Over of Vacation: Upon written request from an employee covered by this ordinance; an amount equal to one (1) years vacation may be carried over into the following year with the approval of the Township Administrator. Accumulated vacation carried over into the next year shall not be eligible for cash payment upon separation or retirement from employment with the Township, and must be utilized by June 1, of the following year.
3-5.2. Sick Leave

(3).b. Employees may accrue an unlimited number of sick days however upon separation from employment compensation shall be limited to the amounts outlined in “3-e.2.3 Limitation for supplemental compensation of accumulated unused sick time.

3-5.2 Sick Leave
Delete
(3).c.

3-5.2 Sick Leave
(3).d. Temporary part-time employees shall not be eligible for sick time.
Regular part-time employees hired prior to December 1, 2005 and work a minimum of twenty (20) hours per week shall continue to receive pro rata sick leave.

All part-time employees who were hired prior to April 15, 1999 shall receive pro rata sick leave.

Part-Time employees hired after December 1, 2005 shall not be eligible for pro rata sick leave except those employees in the “Before and After/Family Day Care Program” who work a minimum of twenty (20) hours per week.

3-5.6 Health Insurance Coverage
Add

a. Any full time employee shall have the option of surrendering health insurance coverage. Any employee who surrenders said coverage for 12 consecutive months shall receive a cash payment equal to half of the Township's cost for the benefit during that same period. In order to qualify for this payment, the employee will be required to provide proof of other health insurance coverage. Payments will be made during normal pay periods.

b. Non-Union employees may select any of the health insurance, dental, prescription and vision plans offered by the Township. Note: Certain combinations of health, dental are limited by the plans themselves.

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 to the Township Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the ordinance pursuant to N.J.S.A. 40:69A-41 applicable when the Mayor has failed to return the ordinance, whichever occurs first.

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

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

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

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

NAYS: Councilman Calogera.

ABSTAIN: Councilwoman Panos.

ABSENT: Councilmen Gillespie, Maher, Testino.

Consent Agenda

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

BINGO/RAFFLE

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

RESOLUTION #495-05

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:

RA13-06 PTA Jonas Salk School
BA14-06 St. Bernadette Bingo Club
BA15-06 St. Bernadette Bingo Club

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR THE ROUTE 516 ANIMAL HOSPITAL

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

RESOLUTION #496-05

WHEREAS, the Route 516 Animal Hospital, located on Route 516, Old Bridge, is now seeking a release of the performance guarantee; and

WHEREAS, a bond hearing was held on November 14, 2005, at which time the Township Engineering Consultant and the Township Council were heard regarding said animal hospital; and

WHEREAS, the previous concerns outlined in the report of CME dated July 14, 2005 have been satisfactory addressed; and

WHEREAS, Consulting Engineer CME Associates, by memorandum dated November 11, 2005, recommends that the release requested for Route 516 Animal Hospital be granted as follows, pending receipt of a two-year, 15% maintenance guarantee in the amount of $17,181.18, subject to review and approval by the Township Attorney:
Performance Bond $103,087.08
Original Cash Deposit 11,454.12
$114,541.20

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 Route 516 Animal Hospital be released as indicated above.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

AUTHORIZING THE RENEWAL OF LICENSE FOR OLD BRIDGE RACEWAY PARK, INC. FOR THE YEAR 2006

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

RESOLUTION #497-05

WHEREAS, the license for Old Bridge Township Raceway Park, Inc. is hereby renewed for the year 2006 subject to the following:

1. Old Bridge Raceway Park, Inc. make periodic announcements requesting patrons to refrain from disposing litter on the roads when exiting the park and that patrons leave the park and drive through the Township of Old Bridge in a quiet and orderly manner; and

2. No un- muffled motors will begin prior to 10:00 a.m. and that un-muffled racing will cease at 10:00 p.m. with the exception of three (3)special evenings' events one each in June, July and August.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

AUTHORIZING THE TOWNSHIP OF OLD BRIDGE TO APPLY FOR A PARIS GRANT

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

RESOLUTION #498-05

WHEREAS, the Township Council of the Township of Old Bridge has agreed to apply for a PARIS Grant in the amount of $40,000.00; and

WHEREAS the Township Council of the Township of Old Bridge is acknowledging and accepting the responsibility of acting as applicant for this grant; and

WHEREAS, the State of New Jersey has made PARIS grants available to assist county and municipal governments in their record management, preservation and storage efforts; and

WHEREAS, the purpose of this grant is to aid the Township of Old Bridge in the archiving and storage management of the township records.

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 of Old Bridge is hereby authorized to enter into the PARIS Grants Program with the State of New Jersey, and the Mayor and Township Clerk are authorized to sign any and all required documents incidental thereto.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

ADOPTING A CHANGE REQUIRED BY THE ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001 TO AN EXISTING DEFERRED COMPENSATION PLAN AND SERVICE AGREEMENT WITH GREAT WEST RETIREMENT SERVICES

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

RESOLUTION #499-05

WHEREAS, the Township of Old Bridge (hereinafter referred to as the “Employer”) by resolution adopted a Deferred Compensation Plan (hereinafter referred to as the “Plan”) for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and

WHEREAS, Section 657 of the Economic Growth and Tax Relief Reconciliation Act of 2001 amended Section 401(a)(31)(B) of the Internal Revenue Code (the “Code”); and

WHEREAS, the Employer desires its Plan to conform with this change in the Code brought about by the Economic Growth and Tax Relief Reconciliation Act of 2001; and

WHEREAS, such amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this amendment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Employer hereby adopts the Amendment (09-GWL-PD-E)41502) (which is on file in the Township Clerks' Office) to the Deferred Compensation Plan Document to be part of and incorporated into its existing Deferred Compensation Plan Document with Great West Retirement Services.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Service.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

ADOPTING A CHANGE REQUIRED BY THE ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001 TO AN EXISTING DEFERRED COMPENSATION PLAN AND SERVICE AGREEMENT WITH AIG/VALIC

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

RESOLUTION #500-05

WHEREAS, the Township of Old Bridge (hereinafter referred to as the “Employer”) by resolution adopted a Deferred Compensation Plan (hereinafter referred to as the “Plan”), for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and

WHEREAS, Section 657 of the Economic Growth and Tax Relief Reconciliation Act of 2001 amended Section 401(a)(31)(B) of the Internal Revenue Code (the “Code”); and

WHEREAS, the Employer desires its Plan to conform with this change in the Code brought about by the Economic Growth and Tax Relief Reconciliation Act of 2001; and

WHEREAS, such amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this amendment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Employer hereby adopts the Amendment (22-PD-VALIC-E657A033005) (which is on file in the Township Clerks' Office) to Deferred Compensation Document (22-PD-VALIC-E121201) to be part of and incorporated into it existing Deferred Compensation Plan Document with AIG/VALIC.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

AUTHORIZING CONTRACT FOR CODIFICATION SERVICES WITH GENERAL CODE FOR CODIFICATION OF TOWNSHIP LAND DEVELOPMENT ORDINANCES

RESOLUTION #501-05

WHEREAS, the Township of Old Bridge requires the services of a publisher for the purpose of codification of the Township Land Development Ordinance; and

WHEREAS, General Code located at 72 Hinchey Road, Rochester, New York 14624 is recognized as capable and available to undertake such work.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge as follows:

1. The contract for codification services for the Township Land Development Ordinance is authorized to be entered into with General Code in the usual form.

2 The scope of the work to be performed by General Code shall be all necessary editorial and publishing work associated with the codification of the Township Land Development Ordinance as set forth in the proposal dated February 22, 2005 on file with the Township Clerk.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds No. 1402 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 FY2005/2006
Cert No. 1402___
Amount $21,376.00_

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

4. This is a contract for codification services in accordance with New Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: codification of Township Land Development Ordinance.

This resolution is conditioned upon the following:

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

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

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

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

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

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION DIRECTING THE OLD BRIDGE PLANNING BOARD TO UNDERTAKE A PRELIMINARY INVESTIGATION TO DETERMINE WHETHER CERTAIN PARCELS OF TOWNSHIP LAND CONSTITUTES AN AREA IN NEED OF REDEVELOPMENT

RESOLUTION #502-05

WHEREAS, the Township of Old Bridge has formed a committee to review the feasibility of a publicly owned golf course; and

WHEREAS, the "Golf Committee" has received the proposal of Old Bridge GC Partners LLC, and has unanimously endorsed said proposal and recommended it to the Township Council;

WHEREAS, the Township Council previously asked the Old Bridge Planning Board to consider the development of a municipally owned golf course on property identified as Lot 20 in Block 11251 (Rose Farm) and Lot 12 in Block 11250 and Lot 4 in Block 10252 (Lambertson Farm), and to undertake a preliminary investigation of whether said property constitutes an area in need of development. (See Resolution No 145 passed on February 23, 2004); and

WHEREAS, the Old Bridge Planning Board, after public hearing determined the "Rose Farm" and "Lambert Farm" to be qualified as a redevelopment area in accordance with NJSA40A:12A-6 (See Planning Board Resolution dated April 6, 2004); and

WHEREAS, the Township of Old Bridge owns additional land adjacent to the "Rose Farm", which land is vacant and underutilized, known as Lot 15 in Block 11251.13 (9.96) acres and Lot 18 in Block 11251.13(3.15 acres); and

WHEREAS, said additional land would be a valuable addition to the Rose and Lambertson Farms for development of a municipal golf course; and would facilitate placing the maintenance building and equipment on the main golf course site to avoid traffic movement on public streets, for a safer environment; and

WHEREAS, said additional land would be a valuable addition to the Rose and Lambertson Farms for development of a municipal golf course, and would facilitate placing the maintenance building and equipment on the main golf course site to avoid traffic movement on public streets, for a safer environment; and

WHEREAS, there is a need for the Old Bridge Planning Board to review this additional Township land to determine whether it, in conjunction with the Rose Farm and Lambertson Farm constitutes an area in need of redevelopment pursuant to NJSA40A:12A-6; and

WHEREAS, the Township Council has previously reviewed and tentatively approved the proposal submitted by OBGCP, and wishes to move forward with the municipal golf course plan; and

WHEREAS, it appears that the additional 13.11 acres of Township land will enhance the golf course plan and increase safety regarding the use of maintenance equipment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Old Bridge Planning Board is hereby instructed to undertake a preliminary investigation to determine whether the parcels known as Lot 20, in Block 11251 and Lot 12 in Block 11250, Lot 4 in Block 10252; and Lots 15 and 18 in Block 11251.13 of the Tax Map of Old Bridge constitute an area in need of development in accordance with N.J.S.A.40A:123A-6.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION CONFIRMING MAYOR'S APPOINTMENTS TO THE SOUTH CENTRAL MIDDLESEX COUNTY FLOOD CONTROL COMMISSION

RESOLUTION #503-05

the Township Council hereby confirms the appointments of the following members to the South Central Middlesex County Flood Control Commission as follows:

Regular Representative Ellen Ritchie Term ending November 21, 2010
Regular Representative James Cleary Term ending November 21, 2010
First Alternate Representative Lucille Panos Term ending November 21, 2006
Second Alternative Representative Kevin Calogera Term ending November 21, 2006

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION AUTHORIZING CONTRACT TO BUCHALSKI, REYNOLDS & BRODOWSKI FOR APPRAISALS SERVICES FOR PROPERTIES LOCATED IN THE TOWNSHIP

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

RESOLUTION #504-05

WHEREAS, the Township Council previously entered into a contract with the firm of Buchalski, Reynolds & Brodowski for appraisal services for the valuation and consulting services for ad valorem purposes of properties located in the Township of Old Bridge; and

WHEREAS, the Township Tax Assessor wishes to renew this appraisal service contract with Buchalski, Reynolds & Brodowski in an amount not to exceed $30,000.00 for the period from July 1, 2005 to June 30, 2006.

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

1. The contract to Buchalski, Reynolds & Brodowski for the Tax Assessor's Office is hereby authorized in an amount not to exceed $30,000.00

2. The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents evidencing this professional contract.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1397 has been received for this contract assuring that there are sufficient funds in the appropriation(s) listed below to fund the purchases anticipated in the current budget year. The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

4. This contract is for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: the professional named in this resolution is a recognized professional.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION AUTHORIZING PURCHASE OF GRAPHICS KITS FOR NEW MARKED POLICE VEHICLES

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

RESOLUTION #505-05

WHEREAS, there is a need for ten (10) graphics kits for new marked vehicles; and

WHEREAS, the Old Bridge Police Department has submitted a material requisition for such graphics kits for $3,600.00; and

WHEREAS, Graphics Design Int. Inc. of 3161 South East Slaten Street, Stuart, Florida 34997 can provide the graphics kits including shipping for $3,600.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that the Police Department is authorized to purchase ten (10) graphics kits for new marked police vehicles in the amount of $3,600.00 from Graphics Design Int. Inc.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

AUTHORIZING THE PURCHASE OF EMERGENCY LIGHTING PACKAGES FOR POLICE VEHICLES UNDER STATE CONTRACT #A60539

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

RESOLUTION #506-05

WHEREAS, the Township of Old Bridge wishes to purchase emergency lighting packages for police vehicles, under State Contract #A60539; and

WHEREAS, the Township of Old Bridge wishes to purchase under State Contract the aforesaid accessories for the price of $35,687.07; and

WHEREAS, East Coast Lighting, 160 Liberty Street, Metuchen, NJ 08840, has been awarded New Jersey State Contract #A60539; and

WHEREAS, the Township Council wishes to award the State Contract for the emergency lighting packages for police vehicles to East Coast Emergency Lighting.

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. East Coast Lighting is hereby awarded a contract in the amount of $35,687.07 for emergency lighting packages for police vehicles.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1404 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 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 Certification of Availability of Funds as aforesaid.

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

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

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

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION AWARDING CONTRACT #2005-40 TO SEELY EQUIPMENT & SUPPLY FOR PURCHASE OF ALUMINUM PICK-UP TRUCK DUMP INSERT.

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

RESOLUTION #507-05

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #2005-40 for the purchase of Aluminum Pickup Truck Dump insert; and

WHEREAS, bids were received and opened on October 20, 2005; and

WHEREAS, the Township Council wishes to award the contract for Purchase of Aluminum Pickup Truck Dump Insert to Seely Equipment and Supply located at 1325 Highway 34, Farmingdale, New Jersey 07727.

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. Seeley Equipment & Supply is hereby awarded a contract for the Purchase of Aluminum Pick-up Truck Dump Insert in the amount of $4,750.00.

2. Seeley Equipment & Supply will provide the Township with Purchase of Aluminum Pick-up Truck Dump Insert specified in the Bid.

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1395 certifying the existence of a sufficient appropriation to
Fund the said contract.

This resolution is conditioned upon the following:

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

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

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

AWARDING CONTRACT #2005-41 TO JESCO FOR A PAVING ROLLER AND TRAILER

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

RESOLUTION #508-05

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #2005-41 for the purchase of a Paving Roller and Trailer; and

WHEREAS, bids were received and opened on October 20, 2005; and

WHEREAS, the Township Council wishes to award the contract for the purchase of a Paving Roller and Trailer to Jesco located at 118 St. Nicholas Avenue, South Plainfield, N.J. 07080.

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. Jesco, is hereby awarded a contract for the purchase of a Paving Roller and Trailer in the amount of $15,239.00.

2. Jesco will provide the Township with the purchase of a Paving Roller and Trailer as specified in the bid.

3. Award of the Contract is contingent upon the issuance of a Certification of Availability of Funds #1393 certifying the existence of a sufficient appropriation to fund said contract.

This resolution is conditioned upon the following:

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

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

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION AWARDING CONTRACT #2005-43 TO INTERNATIONAL TRUCK OF CENTRAL NEW JERSEY FOR THE PURCHASE OF A SIX YARD DUMP TRUCK

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

RESOLUTION #509-05

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #20025-43 for the purchase of a Six Yard Dump Truck; and

WHEREAS, bids were received and opened on October 20, 2005; and

WHEREAS, the Township Council wishes to award the contract for the purchase of a Six Yard Dump Truck to International Truck of Central New Jersey located at 1292 Rt. 9 South Howell, N.J. 0773

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. International Truck of Central New Jersey is hereby awarded a contract for the purchase of a Six Yard Dump Truck in the amount of $78,598.00

2. International Truck of Central New Jersey will provide the Township with the purchase of a Six Yard Dump Truck specified in the Bid

3. The award of said contract is contingent upon the issuance of a Certification of Availability of Funds #1394 certifying the existence of a sufficient appropriation to fund said contract.

This resolution is conditioned upon the following:

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

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

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION AWARDING CONTRACT #2005-37 FOR SPRINKLER SYSTEM FOR THE MAIN FLOOR OF THE CIVIC CENTER

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

RESOLUTION #510-05

WHEREAS, the Township of Old Bridge advertised and received three bids for Contract #2005-37, for the Sprinkler System for the main floor of the Civic Center; and

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

WHEREAS, the Township Council wishes to award the contract for the sprinkler system for the main floor of the Civic Center to the lowest responsible bidder; and

WHEREAS, our Township Director of Parks & Recreation has recommended that a contract be awarded to Absolute Protective Systems as they submitted the lowest bid.

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. Absolute Protective Systems, with principal offices located at 3 Kellogg Court, Unit 13, Edison, NJ 08817 is hereby awarded a contract in the amount of $48,600.00 for the Sprinkler System for the main floor of the Civic Center.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1398 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 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 Calogera and so ordered on the following roll call vote:

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION OFFERING WRITTEN CONSENT TO A PROPOSED REVISION TO THE LOWER RARITAN-MIDDLESEX COUNTY WATER QUALITY MANAGEMENT (WMP) PLAN THAT WILL PROVIDE FOR AN EXTENSION OF SANITARY SEWER SERVICE BY THE OLD BRIDGE MUNICIPAL UTILITIES AUTHORITY (OBMUA) TO SERVE A RESIDENTIAL DEVELOPMENT KNOWN AS HICKORY WOODS LOCATED IN OLD BRIDGE TOWNSHIP, MIDDLESEX COUNTY, NEW JERSEY

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

RESOLUTION #511-05

WHEREAS, the Township of Old Bridge desires to plan for the comprehensive and orderly development of environmental infrastructure within the Township of Old Bridge; and

WHEREAS, an Old Bridge Municipal Utilities Authority resolution has been approved which supports the change in wastewater management plan classification from “Service area of facilities with planning flows less that 2,000 gpd which discharge to groundwater” to “Service area of the MCUA discharging to surface water” to provide for the orderly construction of wastewater collection and conveyance facilities within Old Bridge Township; and

WHEREAS, the Middlesex County Utilities Authority has resolved that its Central Treatment Plant currently has the capacity to handle the proposed flow and has no objection to the proposed reclassification; and

WHEREAS, the Lower Raritan-Middlesex County Water Resources Association is awaiting resolution from the Old Bridge Township Council so that it may prepare a resolution to endorse the WMP/WQMP Revision; and

WHEREAS, the Middlesex County Planning Board resolution endorsing a revision to the WQM Plan is pending receipt of the County WRA resolution; and

WHEREAS, the NJDEP has established the WMP plan amendment procedure as a method of incorporating unplanned facilities into the WMP/WQMP plan.

NOW THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey offers written consent in support of the proposed amendment to the Lower Raritan-Middlesex County Water Quality Management Plan.

BE IT FURTHER RESOLVED that the Township Clerk forward a certified true copy of this resolution to the Middlesex County Planning Board, the NJDEP Division of Watershed Management, the Old Bridge Municipal Authority and the Middlesex County Utilities Authority.

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR CONTRACT #2005-26 WITH PIONEER GENERAL CONTRACTING CO. INC. FOR THE CINDY STREET IMPROVEMENTS

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

RESOLUTION #512-05

WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract #2005-26 with the firm of Pioneer General Contracting Co., Inc. for the Cindy Street improvements; and

WHEREAS, Pioneer General Contracting Co., Inc. has requested Change Order No. 1 to increase the amount of the contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No.1 is hereby authorized as set forth on the attached change order.

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

ORIGINAL CONTRACT………………….$470,450.00
CHANGE ORDER #1…………………… $12,225.00
NEW TOTAL AUTHORIZED…………….$482,675.00

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1399 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

AYES: Councilman Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Gillespie, Maher, Testino.

AUTHORIZING SUBORDINATION OF A CERTAIN CDBG MORTGAGE FOR ELLEN WALSH

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

RESOLUTION #513-05

WHEREAS, the Township of Old Bridge received a mortgage on a certain property in connection with its Community Development Block Grant program; and

WHEREAS, the owners of the said property wish to refinance the property; and

WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.

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

1. The mortgage in favor of the Township of Old Bridge in the amount of $20,264.00 may be subordinated by an additional $200,000.00 (new mortgage) on property located at 48 Gaub Road, Old Bridge, New Jersey 08857, Block 15515, Lot 22 assessed to Ellen Walsh.