OLD BRIDGE TOWNSHIP COUNCIL
REGULAR MEETING
December 12, 2005
A regular meeting of the Township Council of the Township of Old Bridge was held on December 12, 2005 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker, who invited all to participate in a Salute to the Flag which was followed by a short prayer.
Moment of Silence.
President Baker requested a moment of silence for the armed forces serving in Iraq.
Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, January 9, 2006 at 6:00 p.m. in the municipal complex.
Roll call by Deputy Clerk Ward showed the following answering present: Councilman Butler, Gillespie, Greene,Volkert, Councilwoman Panos, President Baker. Councilmen Maher and Testino arrived late. Councilman Calogera was absent.
RESOLUTION NO. 526
APPROVAL OF MINUTES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
the following minutes are hereby approved:
September 19, 2005 - Agenda
October 24, 2005 - Agenda
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Testino.
RESOLUTION NO. 527
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of December 12, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of December 12, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $8,983,219.94 (Accounts Payable)
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Testino.
RESOLUTION NO. 528
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of December 12, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of December 12, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $780,665.60 (Payroll).
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Testino.
RESOLUTION NO. 529
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of December 12, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of December 12, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $37,689.64 (Overtime).
Moved by Councilman Volkert, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher, Testino.
RESOLUTION NO. 530
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of December 12, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of December 12, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $843,096.34 (Payroll).
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher.
RESOLUTION NO. 531
BILL LIST
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of December 12, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of December 12, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $38,657.63 (Overtime).
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None
ABSENT: Councilmen Calogera, Maher.
Report of the Clerk.
MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK
The following represents the collections made during the month of November 2005:
DOGS
2772-2789 144.00
CATS
253-254 14.00
LICENSES
Limousine
Escort Limo (2) 100.00
Haqqi 50.00
Guteirrez 50.00
Christmas Trees
Steve & Dougs 100.00
Holiday Flowers
Junice 75.00 400.00
BINGO RAFFLE
RA13-06 Jonas Salk School 10.00
BA14-06 St. Bernadette's Church 510.00
BA15-06 St. Bernadette's Church 510.00
BA16-06 Jewish Community Center 480.00
BA17-06 Jewish Community Center 500.00
BA18-06 Schirra School 10.00
BA19-06 Schirra School 10.00
BA20-06 Schirra School 10.00
BA21-06 Schirra School 10.00 2,060.00
PARKING PERMITS
#1681-1822 (299 Permits) 3,325.00
#1693,1694,1706,1744,1747,1768,1818
Replacements (7) 35.00
3 voided permits
Temporary Permits
#581-587 (7 permits) 35.00
3,395.00
MISCELLANEOUS
Photocopies 569.25
Late Fee – DOG 5.00
574.25
TOTAL $6,587.25
Motion
to accept the Report of the Clerk made by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilmen Calogera, Maher.
Report of the Attorney.
Attorney Convery: Brought to the Township Council's attention the fact that the ordinance appearing on the current agenda for second reading regarding the consumption of alcohol by minors on private property should be tabled until the codification is adopted. A similar situation applies to a current ordinance for first reading with respect to adopting Chapter 331 – parking permits.
Reminded the Township Council and the public that an executive session has been scheduled to discuss negotiations with respect to the FOP contract.
Motion
to accept the Report of the Attorney made by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
ABSTAIN: Councilman Maher.
Preliminary public comment.
Mr. Dougherty (6 Joseph Court): Discussed the illegal use of dirt bikes, ATV's and four-wheel drive trucks near his home.
Ms. Clavering: Requested the Chief of Police to check the availability of the stickers (changing fines from $100 to $250) which are to be placed on signs designating handicap parking.
Mr. Rao: Complimented Rocky Donatelli for his excellent work in clearing the recent snow.
Presentation.
Mayor Phillips presented a certificate of recognition to Dr. Cavan Brundsen for his efforts in providing the Township of Old Bridge with the recent “Spooktacular” held at the Old Bridge Civic Center.
Dr. Brundsen thanked Mayor Phillips for the certificate and Lisa Cooney for her assistance in making the “Spooktacular” such a success. He explained that this event is a vehicle to introduce children to the importance of good dental health.
Western Monmouth YMCA Land Lease/Redevelopment Agreement.
RESOLUTION NO. 532
AUTHORZING THE EXECUTION OF A LAND LEASE AND AGREEMENT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THE WESTERN MONMOUTH COUNTY YMCA ESTABLISHING AN AQUATIC, RECREATIONAL AND COMMUNITY FACILITY AT MANNINO PARK
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 provide for the construction of an aquatic center, recreational facility and community center within the Township of Old Bridge; and
WHEREAS, the parties have reached agreement that said facility should be located on Township of Old Bridge lands known as Mannino Park; and
WHEREAS, the terms and conditions of the Land Lease and Agreement are fully set out at length in said Agreement which is on file for public inspection in the office of the Township Clerk; and
WHEREAS, the leased property consists of 12.33 acres, as set forth in the final metes and bounds description attached to said Agreement; and
WHEREAS, the parties are desirous of entering into the Land Lease and Agreement as soon as possible so that the YMCA of Western Monmouth County can obtain the required land use approvals, financing, and matters incidental thereto.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Mayor and the Township Clerk are hereby authorized to enter into the Land Lease and Agreement between the Township of Old Bridge and the YMCA of Western Monmouth County.
BE IT FURTHER RESOLVED that a copy of this resolution be provided to the YMCA of Western Monmouth County and the Old Bridge Redevelopment Agency.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion.
RESOLUTION NO. 533
AUTHORIZING THE REDEVELOPMENT AGREEMENT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THE WESTERN MONMOUTH COUNTY YMCA FOR THE ESTABLISHMENT OF AN AQUATIC, RECREATIONAL AND COMMUNITY FACILITY AT MANNINO PARK
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Redevelopment Agency of the Township of Old Bridge has reached agreement on the terms and conditions of a developer's agreement for the construction of a YMCA facility in the Mannino Tract Redevelopment Area of the Township of Old Bridge; and
WHEREAS, a copy of said Redevelopment Agreement is on file in the office of the Township Clerk for public inspection; and
WHEREAS, said Redevelopment Agreement provides that the YMCA of Western Monmouth county has been designated the developer of the redevelopment plan to build a YMCA facility of at least 30,000 sq. ft. at the project site; and
WHEREAS, the Township of Old Bridge is the owner in fee of the project site, and has concurrently entered into a Land Lease and Agreement with the YMCA of Western Monmouth County in order to allow the proposed construction; and
WHEREAS, the Township of Old Bridge has reviewed the terms and conditions of the Redeveloper Agreement and approves the same.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Township Clerk are hereby authorized to sign into the Redeveloper Agreement between the Redevelopment Agency of the Township of Old Bridge and the YMCA of Western Monmouth County thereby indicating the consent of the Township of Old Bridge to said Redeveloper Agreement.
BE IT FURTHER RESOLVED that a copy of this resolution be provided to the YMCA of Western Monmouth County and the Old Bridge Redevelopment Agency.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion.
Councilman Testino: Expressed his appreciation to the Western Monmouth YMCA for working diligently to bring the facility to Old Bridge and to the Amboy Bank for supporting the fundraising drive.
Councilman Butler: Expressed his pleasure that this project has come to fruition.
Councilwoman Panos: Expressed her pride in this non-political project.
Mayor Phillips: Acknowledged John Piovesan, Janet Phillips, Robert Weiss, Dennis Maher, George Scharff, Jonathan Heilbrunn, Russell Azzarello, Suzanne Meyer and Ray Farrell for their involvement in laying the foundation for the YMCA in Old Bridge. Stated that $3 million has been made available through a grant from the Board of Freeholders of which $500,000 is to be made available to the Western Monmouth YMCA at the signing of the agreement; $1 million is to be paid at groundbreaking; $1 million at halfway to completion; and the remaining $500,000 upon the issuance of a certificate of occupancy. The estimated cost of the project is between $5 and $6 million. Thanks the Middlesex County Board of Freeholders for their wisdom in recognizing that aquatics is something that the county needed, and this is their way to fulfilling that need.
Cynthia Joy : Expressed her delight for the opportunity to bring this service to the community.
Mr. Farrell: Explained that Old Bridge will be a better community because of the YMCA's impact on the lives of the residents. Thanks everyone for the opportunity to bring the YMCA to Old Bridge.
Hearing.
1. Matthew Daskalakis Release/Reduction Performance Guarantee (Application No. 64-94PA2).
Ms. Kalambakis: Requested the release of the performance bond which has been held for ten years.
Mr. Cleary: Explained that the engineering department recommends release of the performance bond subject to the posting of a two-year $400.50 maintenance bond.
President Baker opened a public portion. Seeing no hands President Baker closed the public portion.
Motion
to release the performance bond of Matthew Daskalakis subject to posting a two-year maintenance bond in the amount of $400.50 made by Councilwoman Panos, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Maher, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilmen Gillespie, Testino.
ABSENT: Councilman Calogera.
2. Old Bridge Funeral Home release/reduction of performance guarantee.
Matthew Ceres (attorney for OB Funeral Home): Stated that the site plan was approved a while ago; after that an amended site plan was approved. The report was based on the old site plan which was not signed until tonight. He requested the council to accept the recommendation of releasing 24%, but also carry this hearing to the next council meeting for a 70% reduction of the performance bond. This report was not made on the correct site plan.
Ernie Peters (CME Associates): Stated that CME submitted documents to the Township of Old Bridge in July 2005 recommending a 24% reduction of the performance guarantee; a letter dated September 2005 indicating that the plans built out in the field had not been signed by the municipal engineer; a report dated October 2005 outlining the history of the project. Mr. Cleary explained to me that the amended plans which were constructed in the field have been signed. A 24% bond reduction is appropriate. There have been discussions with the residents of Whispering Pines regarding drainage and an improper design waiver. Those issues have been resolved with the zoning board at the municipal engineering level.
President Baker opened a public portion.
Mario Romano: Explained that he was responsible for putting $163,000 in bond money and was told that his money would be held for three to four months. Expressed his dismay that the money had now been held for sixteen months. The site work is 95% complete. Stated that he expected 70% of his money back.
Attorney Convery: Explained that meetings were held with the principles from the funeral home and their attorney. Delays were due to field changes which had to be submitted to the engineering and planning departments to determine whether they were minor or major changes. Once the plans are signed, CME must verify the status so that if possible additional money can be released. His recommendation is to act on the township consultant's recommendation.
President Baker: Stated that the residents of Whispering Pines have requested that the reduction be refused.
Councilman Greene: Stated that mounds of dirt existed on the site for a long time. Expressed his concern with the approvals being given to construction on Rt. 516 without concern for the infrastructure. Warned that he would vote “no” on any proposals for Rt. 516 from Rt. 9 to Southwood Drive.
President Baker: Stated that the residents of Whispering Pines were concerned about the dry well and the water run off.
Mr. Peters: CME sent a letter to the developer in September 2005 asking the developer to have his engineer submit a brief report along with supporting calculations indicating the drainage impacting this project has along the adjacent properties and the roadway frontage. This is the reason we are only willing to reduce the bond by 24% as is. A check will be made with the planning/zoning office.
President Baker: Asked for confirmation that by releasing 24%, the concerns raised by the residents will be addressed.
Councilwoman Panos: Inquired how the figure of 24% was agreed upon.
Mr. Peters: Storm drainage improvement is not represented in this figure. Explained that the plans were accepted and signed by the planning and zoning board. The process will be begun again from 24% to verify that complaints have been addressed to the township's satisfaction. The approved signed set of plans will be used now. There were changes made in the field at the request of the developer. They had an approved set of plans, but built a different set of plans. There was a lack of communication between what the zoning board approved and the township which is the reason why we were only willing to give them 24% because they are not following the originally approved plans.
Attorney Convery: There was concern about the roadway behind the funeral home which caused a delay because this involved another application (WaWa). There was interplay between the attorneys and the planning department. The decision as to both facilities using the same road was in question.
President Baker: Inquired as to whether there were monies being held to cover the detrimental effects on the taxpayers of Whispering Pines.
Mr. Peters: Yes.
Councilwoman Panos: Councilman Calogera requested through me that the council follow the requests of his constituents.
President Baker: The person we hired said to reduce the performance bond.
Motion
to reduce the performance bond for the Old Bridge Funeral Home by 24% made by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Testino, Volkert, President Baker.
NAYS: Councilmen Greene, Councilwoman Panos.
ABSENT: Councilman Calogera.
ABSTAIN: Councilman Maher.
3. Farrington Ridge release/reduction of performance guarantee.
Attorney Convery: Noted that because the public had already been heard and that this was only being brought back before the Township Council for a vote.
Mr. McGowan: Stated that many of the concerns have been addressed.
Mr. Peters: Referenced letter of November 11, 2005 requesting a 70% performance guarantee reduction and to a homeowner punch list (11/1105) and a performance guarantee (9/23/05). All landscaping and a number of homeowner complaints have been addressed, but site improvement and drainage issues remain at Buildings 1, 3, and 4 which are at the lower end of the project dealing with a drainage swale which runs to the offsite properties which needs to be regarded or have stone protection installed. The developer has moved the project along since the last meeting of the governing body.
President Baker opened a public portion. Seeing no hand President Baker closed the public portion.
Motion
to reduce the performance guarantee for Farrington Ridge by 70% made by Councilman Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Testino.
ABSENT: Councilman Calogera.
ABSTAIN: Councilman Maher.
Prior to the roll call vote the following discussion took place.
Councilman Volkert: Stated that a Russell Court resident has complaints about wires being exposed in the front of his home and an ineffective rain leader.
Mr. McGowan: Stated that a covering was planned to be put over the wires. We promised to look into a solution to the rain leader also.
Councilwoman Panos: Requested the dollar amount of this and future bond reductions included in the resolution.
Certificates of Recognition.
Old Bridge Freshman Baseball Team 2005GMC Middlesex County Tournament.
President Baker: Announces that the team will be recognized on January 9, 2006.
Report – Passageway from The Arbors to the Civic Center.
Mr. Cleary: Stated that he made a visual inspection of the site and created a conceptual plan to realign the Cottrell Road sidewalk which was followed by a preliminary survey stakeout. There are two areas of concern – an existing drainage ditch located at the north end of the property with a head wall and pipe extending under the roadway near the pavement edge limiting the installation of a sidewalk. Private property exists between Orchard Hill Estates and the township property including a sixteen and one half foot right-of-way in front of that property with little room for a sidewalk. Negotiation for a property acquisition would be required. The project would be divided into three phases. First, construct the sidewalk on our property from the driveway at the municipal complex entrance to a vicinity near the ditch. A contractor has been contacted for a proposal. Second, the area contains wetlands which would require DEP permits. One possibility would be an emergency permit allowing us to extend the storm sewer to allow for the construction. Third, acquire the necessary property.
Councilman Maher: Stated that the sidewalk falls within the Towne Centre district which requires certain standards.
Mr. Cleary: Assured the councilman that the provisions of the ordinance will be adhered to in constructing a concrete sidewalk.
Councilman Greene: Inquired as to whether the existing fence (between the Arbors and the municipal complex) will be closed. Asked about a time frame.
Mr. Cleary: Explained that a DEP permit will take ninety days to acquire. Construction will begin in the spring. The fence is currently closed, and there is no condition to change that.
Councilman Testino: Inquired as to the length of the driveway.
Mr. Cleary: The sidewalk will end at the driveway with a wing into the ice rink.
President Baker: Stated that many in the Arbors and Stratford Apartments are being penalized because of a small number of people who are creating a dangerous situation. We have closed the pathway for the safety of all.
Councilman Testino: Asked if there existed a master plan for future walkways.
Budget Adoption.
Motion
to approve the budget amendments as presented at the Township Council meeting of December 5, 2005 made by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, President Baker.
NAYS: Councilman Maher, Councilwoman Panos.
ABSENT: Councilman Calogera.
Prior to the roll cal vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion.
RESOLUTION NO. 534
ADOPTION OF THE SFY 2006 BUDGET
the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of:
(a) $24,674,343 (Item 2 below) for municipal purposes, and
(b) $0 (Item 3 below) for school purposes in Type I school Districts only (N.J.S.A. 18A:9-2) to be raised by taxation and
(c) $0 (Item 4 below) to be added to the certificate amount to be raised by taxation for local school purposes in Type II School Districts only (N.J.S.A.18A:9-3) and certification
to the County Board of Taxation of the following summary of general revenues and appropriations
Summary of Revenues
1. General Revenues
Surplus Anticipated 40003-10 $7,620,000.00
Miscellaneous Revenues Anticipated 40004-10 $16,731,219.00
Receipts from Delinquent Taxes 41419-10 $ 1,385,000.00
2. Amount to be Raised by Taxation for Municipal Purposes (Item 6(a), Sheet 11) 41415-10 $24,674,343.00
3. Amount to be raised by taxation for Schools in Type I School Districts only:
Item 6, Sheet 42 40010-10 $0.00
Item 6(b), Sheet 13 (NJSA 40A:4-14) 41416-10 $0.00
Total amount to be raised by taxation for Schools in Type I School Districts only $
4. To be added to the Certificate for amount to be raised by taxation for schools in Type II School Districts only:
Item 6(b), Sheet 13 (NJSA 40A:4-14) 41416-10 $0.00
Total Revenues 40000-10 $50,410,562.00
Summary of Appropriations
5. General Appropriations
Within “CAPS”
(a & b) Operations including contingent $28,199,963.00
(e) Deferred charges and statutory expenditures - municipal 1,129,307.00
(f) Judgments 100.00
Excluded from “CAPS”
(a) Operations - total operations excluded from “CAPS” 11,109,645.00
(c) Capital Improvements 744,021.00
(d) Municipal Debt Service 6,121,831.00
(e) Deferred Charges – Municipal 779,990.00
(n) Transferred to Board of Education for Use of Local Schools 0.00
(g) Cash Deficit 0.00
(k) For Local District School Purposes 0.00
(m) Reserve for Uncollected Taxes (include other reserves if any) 2,325,705.00
6. School appropriations - Type I School Districts Only (NJSA 40A:4-13)
TOTAL APPROPRIATIONS $50,410,562.00
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, President Baker.
NAYS: Councilman Maher, Councilwoman Panos.
ABSENT: Councilman Calogera.
Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion and the following discussion took place.
Attorney Convery: Reminded the public that amendments to the budget were read on December 5, 2005 and advertised on December 8, 2005. The adoption of the amendments is today.
Councilman Greene: Stated that it is difficult to vote on a budget with a tax increase and that in the past the council and the administration has used surplus and non-recurring revenues to sustain a no tax increase and that there are increasing health care and other costs. Layoffs were not an option, and a blanket hiring freeze would not work (e.g. police department and the before and after school program which is self-funded). Identified certain positions that should remain vacant saving the township approximately $135,000. Discussed with the administration the forming of a council committee to work on budgetary issues.
Councilman Testino: Stated that he supports the budget amendments. He is disappointed that the Township of Old Bridge lost the state aid and that pension increases are unavoidable. Review of the budget confirms that we are operating at a level of service that provides a good quality of life for our residents, but a layoff would see suffering of those services. Jobs were cut out of the budget, but the same level of services will be delivered. Pledged to keep the police force at full capacity and stated that using reserves would cause a large increase next year. Thanked Mr. Shah and his staff for their diligent efforts. The school rate is the major portion of our tax rate.
Councilman Maher: Stated that a tax increase is not good news, but it is not right that the residents are not responsible for additional employees. Stated that he was not supporting the amendments nor the passage of the budget.
Councilman Butler: Stated that this was a very difficult budget and that the tax increase does not come from overspending but rather from pension costs increase, a legal settlement, etc. Thanks Mr. Shah for pleading our case to the state for aid.
Councilwoman Panos: Stated that the increased tax rate is due to overspending, i.e., six percent raises for some employees, and consulting fees via professional services contract and that she would not be supporting the budget.
President Baker: Thanks administration and the Township Council for attending the budget workshops and for doing their best for the residents of Old Bridge. Reminded everyone that the Township of Old Bridge has the fifth lowest tax rate in Middlesex County.
Attorney Convery: Stated that on December 5 the budget amendment was advertised. The total general revenue increased from $50,052,241 to $50,410,562 which was read into the record on December 5. There were adjustments to the arena and parking utility. There was a public portion.
Mr. Shah: Stated that approval had been received from the State of New Jersey to adopt the amendments.
Subsequent to the roll call vote the following discussion took place.
Mayor Phillips: Thanked the Township Council and the department heads who worked diligently on the budget. Announced that Brian Enright increased revenue by successfully winning several tax appeals and that Councilmen Greene and Volkert will be standing members of a newly formed budget committee, the other member being the sitting council president.
Ordinance for Second Reading. TABLED
Attorney Convery: Stated that this ordinance was drafted to be included in the codification and that adoption would be inappropriate. Suggested that this be tabled to be heard at the same meeting as codification is adopted.
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 to table by President Baker, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Ordinance for Second 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 Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion.
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) year's 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, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion and the following discussion ensued.
Councilman Gillespie: Requested clarification as to how this ordinance would impact new hires in the Before and After School Program.
Mr. Jacobs: Replied that there would be no change.
Ordinance for First Reading.
1. Adopting Chapter 331, Parking Permits.
Attorney Convery: Stated that this ordinance was prepared by the editor from the codification service, and had not reviewed this with the business administration. Requested the ordinance be tabled.
Motion
to table ordinance adopting Chapter 331, parking permits until next council meeting (January 9, 2006) made by Councilman Butler, seconded by Councilman Testino and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Ordinance for First Reading.
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 01-2006
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF A VACATED WALKWAY TO THE ADJOINING PROPERTY OWNERS
WHEREAS, the Township of Old Bridge is authorized by the provisions of N.J.S.A. 40:60-28 to vacate land that is no longer needed for public use; and
WHEREAS, the Township of Old Bridge may make a private sale of and convey the lands so vacated to adjoining property owner(s); and
WHEREAS, the Township of Old Bridge desires to convey a 15' foot wide walkway located between Block 11, Lots 352 and 351 Shoreland Circle in the Township of Old Bridge to the adjoining property owner(s).
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 15' wide walkway located between Block 11, Lots 352 and 351 Shoreland Circle is hereby vacated subject to conveyance to the adjoining property owner(s).
2. The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyance.
3. All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
4. 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 of the ordinance shall be deemed invalid or ineffective.
5. This ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless the council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Township Council shall vote in favor of such resolution pursuant to N.J.S.A. 40:69A-181 and upon this ordinance taking effect shall not be retroactive.
Moved by Councilman Butler, seconded President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
ABSTAIN: Councilman Greene.
Consent Agenda.
RESOLUTION NO. 535
BINGO/RAFFLE
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:
BA 16-06 Jewish Comm. Cntr. RA 17-06 Jewish Comm. Cntr.
BA 18-06 Walter Schirra PTA RA 19-06 Walter Schirra PTA
RA 20-06 Walter Schirra PTA RA 21-06 Walter Schirra PTA
BA 22-06 St. Thomas the Apostle RA23-06 Virgil Grissom PTA
RA24-06 Virgil Grissom BA 25-06 St Ambrose
BA 26-06 St. Ambrose BA 27-06 St. Ambrose
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION NO. 536
AUTHORIZING WAIVER OF FEES AND REIMBURSEMENT TO BIRCHWOOD AT OLD BRIDGE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Birchwood at Old Bridge Senior Apartments has requested that the fees to the code Enforcement Department in the amount of $720.00 for the inspection of apartments numbers 213, 103, 122, 221, 227, 204, 319, 101, 323, 307, 314 and 209 be waived; and
WHEREAS, Birchwood at Old Bridge located at 100 Mimi Road is seeking reimbursement for the inspection fees which have already been paid.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the inspection fees of $720.00 be waived and reimbursed to Birchwood at Old Bridge.
BE IT FURTHER RESOLVED by the Township Council that the State's portion of such fees shall be paid.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION NO. 537
ADOPTING CHANGES TO AN EXISTING DEFERRED COMPENSATION PLAN PURSUANT TO THE JOB CREATION AND WORKER ASSISTANCE ACT OF 2002, INTERNAL REVENUE CODE SECTION 457 REGULATIONS (INCLUDINGCERTAIN PROPOSED REVISIONS), INTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-56 AND INTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-12
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 (hereinafter referred to as the “Employer”) by resolution adopted a Deferred Compensation Plan (hereinafter referred o 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, the Employer by resolution retained The Variable Annuity Life Insurance company (“VALIC”) as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and
WHEREAS, the Job Creation and Worker Assistance Act of 2002 amended Section 457 of the Internal Revenue Code (the “Code”); and
WHEREAS, the Internal Revenue Service (“IRS”) issued final Code Section 457 regulations on July 11, 2003 and proposed Code Section 415 regulations issued May 31, 2005 that modified the Code Section 457 regulations; and
WHEREAS, the IRS has issued model amendments (Revenue Procedure 2004-56) and guidance regarding rollover contributions to eligible retirement plans (Revenue Procedure 2004-12) that apply to Section 457 Plans; and
WHEREAS, the IRS has set a deadline of December 31, 2005 for state and local governments Section 457(b) plan sponsors to adopt or amend their plans to conform with the Code, Regulations and Interpretive Guidance; and
WHEREAS, the Employer desires its Plan to conform with the changes in the Code, regulations, and interpretive guidance; and
WHEREAS, the Employer desires to adopt an amended and restated Plan at conforms with the changes in the Code, Regulations and Interpretative Guidance; and
WHEREAS, such amended and restated Plan shall supersede the previously adopted Plan.
NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the amended and restated Plan prepared by VALIC and assigned Plan Document Identifier 55-PD-VALIC-110305 by the Director of the Division of Local Government Services.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Director of the Division of Local Government Services.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION NO. 538
CANCELLING REAL ESTATE TAXES ON AFFORDABLE HOUSING UNITS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, certain properties were deemed Affordable Housing Units in K. Hovnanian's Master Plan; and
WHEREAS, K. Hovnanian did not appeal to the County Board of Taxation to reduce the assessments and these units were billed in a standard method.
WHEREAS, these taxes need to be cancelled of record to correct the Tax Collector's property accounts to reflect Affordable Housing qualifications as follows.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the tax collector is hereby authorized to make the appropriate cancellations and adjustments as described herein and to cancel any relevant accrued interest. Additionally, be it resolved by the Township Council of the Township of Old Bridge that refunds be made on payments that were made pending the review of this matter.
Total to be cancelled: $12,811.04
Total to be refunded $11,102.40
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION NO. 539
CANCELLING OUTSANDING CHECKS
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, there are certain Current Fund Account and Payroll Account checks that have remained outstanding in excess of one (1) year; and
WHEREAS, it is necessary to formally cancel the outstanding checks listed below:
OUTSTANDING CHECKS – CURRENT FUND
DATE CHECK ISSUED NO. AMOUNT
08/17/04 69624 $1,214.36 Weiner & Weiner, Atty.
12/14/04 697266 25.00 NJ Certified Animal Control
$1,239.36
OUTSTANDING CHECKS – PAYROLL ACCOUNT
DATE CHECK ISSUED NO. AMOUNT VENDOR
07/2004 122639 72.21 Jose Pagan
08/2004 123564 51.22 Valerie Kowalski
08/2004 123934 698.64 Patricia Costello
12/2004 126738 27.13 Francis D'Agostino
12/2004 126856 295.88 Mary Kurtz
Total $1,145.08
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed outstanding checks totaling $2,384.44 be canceled.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION NO. 540
CHANGING CUSTODIAN OF PETTY CASH FOR ENGINEERING DEPARTMENT
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, a petty cash fund has been established for the Department of Engineering; and
WHEREAS, N.J.S.A. 40A:5-21 requires the adoption of a resolution by the governing body for the purpose of notification to the Division of Local Government Services regarding the change of an individual designated as custodian of a petty cash fund; and
WHEREAS, the Township Council wishes to change the custodian of the petty cash fund established for the Department of Engineering.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Engineer, James Cleary, is hereby authorized to act as custodian of such fund in the amount of $100.00.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION NO. 541
AUTHORIZING THE TRANSFER OF SURPLUS PROPERTY FROM THE TOWNSHIP OF OLD BRIDGE TO THE OLD BRIDGE BOARD OF EDUCATION
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
the Township Council hereby authorizes the transfer of surplus property for the nominal sum of $1.00 (One Dollar) to the Old Bridge Board of Education.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
RESOLUTION NO. 542
AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH SPIEZLE GROUP FOR ARCHITECTURAL SERVICES FOR THE PRELIMINARY DESIGN FOR AN ADDITION TO THE CIVIC CENTER OUTDOOR AMPHITHEATER
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm to provide architectural services for the preliminary design for an addition to the Civic Center outdoor amphitheater; and
WHEREAS, Spiezle Group, Inc. is a licensed New Jersey architectural firm which is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize a contract with Spiezle Group, Inc. for purposes of providing this architectural service.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
1. A contract for professional services is authorized to be entered into with Spiezle Group, Inc. located at 120 Sanhican Drive, Trenton, New Jersey 08618 in the amount not to exceed $20,750.00.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1408 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Issuance of a Certificate of Availability of Funds as aforesaid.
C. Compliance by the vendor with signing the mandatory affirmative action language required by law.
D. Compliance by the vendor with filing of Affirmative Action Form AA302 and AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be awarded unless and until the above requirements are
executed.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, President Baker.
NAYS: None.
ABSTAIN: Councilwoman Panos.
ABSENT: Councilman Calogera.
Prior to the roll call vote the following discussion took place.
Councilwoman Panos: Asked for a clarification of the work to be done on the amphitheater.
Mayor Phillips: Explained that the amphitheater is in need of repair. Instead of filling in the “hole” or doing repairs, the idea is to come up with a design to use that space as a foundation to expand the Richard Cooper building – not to build, but to come up with an idea of what the cost will be when the money becomes available we can make the expansion.
Councilwoman Panos: Asked why spend $20,000 that we don't have on architectural plans.
Mayor Phillips: Explained that this area has been proven to be unsound; it is going to fall in. Either we fill in the hole, or we put something there.
Councilwoman Panos: Asked if we had a financial disclosure document on the Spiezle Group as to their contributions to the town or the county.
Mayor Phillips: Is unaware of any political contributions made, but before they accept the contract, assumes they would have to sign a document stating that they contributed less than $300 to anyone here in Old Bridge Township, and has no idea what they contributed. Stated that Spiezle Group are architects for the Board of Education.
Attorney Convery: Stated that the Pay to Play statute is not effective until January 1 and that the Township of Old Bridge is operating under the municipal regulation signed by the mayor that followed the one done by the prior administration that has a $400 limit. His recollection is that the Spiezle Group had a contract previously within the town and did sign the form indicating that they were not in violation of the municipal regulation - meaning that they had not contributed more than $400 to any candidate or campaign fund within the Township of Old Bridge. Explained that there was a municipal regulation with the previous administration, and then there was a subsequent one when the new mayor came into office, and that is the one that applies and that no contract will be signed with them unless the business administrator has a copy of the same document from them.
RESOLUTION NO. 543
APPROVING THE TOWNSHIP COUNCIL MEETING SCHEDULE
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 needs to approve a Township Council Meeting schedule for the calendar year 2006; and
WHEREAS, the Township Clerk has drawn up a schedule of meetings for the Old Bridge Township Council for the year 2006.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the following schedule of meetings for the Township Council is hereby approved.
SCHEDULE OF MEETINGS
TOWNSHIP OF OLD BRIDGE COUNCIL
YEAR 2006
TAKE NOTICE that all meetings are held in the Old Bridge Municipal Complex, One Old Bridge Plaza, Old Bridge, New Jersey and are open to the public. Formal action may be taken on the agenda items listed or any other such matters as may come before the Council. An executive session may be conducted at any meeting.
REORGANIZATION MEETING
6:00 P.M. AGENDA MEETINGS
7:30 P.M. REGULAR MEETINGS
7:30 P.M. COMBINED MEETINGS
7:30 P.M.
JANUARY 9
JANUARY 23
FEBRUARY 6
FEBRUARY 27
MARCH 6 MARCH 13
MARCH 20 MARCH 27
APRIL 3 APRIL 10
APRIL 24
MAY 1 MAY 8
MAY 15 MAY 22
JUNE 12
JUNE 26
JULY 17
AUGUST 14
SEPTEMBER 18
SEPTEMBER 25
OCTOBER 16 OCTOBER 23
NOVEMBER 13 NOVEMBER 20
DECEMBER 4 DECEMBER 11
The public is advised that the Township Council may introduce and/or adopt ordinances, pass Resolutions or transact any business within its power at any of the above listed agenda meetings, regular meeting, combined agenda/regular meetings.
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Maher, Testino, Volkert, President Baker.
NAYS: Councilman Greene, Councilwoman Panos.
ABSENT: Councilman Calogera.
Prior to the roll call vote the following discussion took place.
Councilman Greene: Stated that he prefers a schedule of meetings that includes an agenda meeting followed by regular meeting one week thereafter and an occasional combined meeting. Agenda meetings gives me the opportunity to discuss items and familiarize myself with research if necessary. Has concerns with this schedule which eliminates that procedure and will not be supporting this calendar.
RESOLUTION NO. 544
RENEWING MEMBERSHIP IN THE CENTRAL JERSEY JOINT INSURANCE FUND
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge is a member of the Central Jersey Joint Insurance Fund; and
WHEREAS, said renewed membership terminates as of December 31, 2005
unless earlier renewed by agreement between the Township of Old Bridge and the Central Jersey Joint Insurance Fund; and
WHEREAS, the Township of Old Bridge desires to renew said membership.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The Township of Old Bridge agrees to renew its membership in the Central Jersey Joint Insurance Fund and to be subject to the bylaws, rules and regulations, coverages and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Central Jersey Joint Insurance Fund.
2. The Township Council shall be and is hereby authorized to execute the agreement (on file with the Township Clerk) to renew membership and to deliver same to the Central Jersey Joint Insurance Fund evidencing the township's intention to renew its membership.
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
ABSENT PODIUM: Councilman Testino.
Prior to the roll call vote the following discussion took place.
Councilman Maher: Wanted to know which towns were in this JIF.
Mr. Shah: Responded Piscataway, Woodbridge, Edison, Franklin Park, East Brunswick, Franklin Township, plus two other towns. Explained that most municipalities are in a JIF. Commerce Capital is the administrator of the JIF; the ownership is the participating member municipality with me being the representative for Old Bridge. Central Jersey JIF is performing well with a slight increase in our rates.
Councilman Gillespie: Assured Councilman Maher that the towns included in this JIF are the meat of the batting order.
RESOLUTION NO. 545
AUTHORIZING THE APPOINTMENT OF WILLIAM KURTZ TO OVERSEE THE TOWNSHIP'S HEALTH BENEFITS PROGRAM
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that:
WHEREAS, the Township of Old Bridge requires the services of a professional to oversee the township's health benefits program for 2006; and
WHEREAS, William Kurtz, president of Governmental Risk Management Associates, is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize the appointment of William Kurtz, president of Governmental Risk Management Associates, for his professional services to oversee the township's health benefits program for 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. A contract for professional services is authorized to be entered into with William Kurtz, Governmental Risk Management Associates, Inc., located at Two Jocama Boulevard, Old Bridge, NJ 08857 to oversee the township's health benefits program for 2006 in an amount not to exceed $35,000.00 to be paid in the form of commission by the insurance company.
2. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.
This resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Compliance by the vendor with signing the mandatory affirmative action language required by law.
C. Compliance by the vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until the above requirements are executed.
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Calogera.
Prior to the roll call vote the following discussion took place.
Councilwoman Panos: Her concern relates to giving contracts to those who contributed to political parties.
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