Old Bridge Township, New Jersey - September 27, 2004 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on Monday, September 27, 2004 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Baker, who asked all present to participate in a salute to the flag which was followed by a short prayer and a moment of silence for our troops who are in harms way.

Deputy Clerk Ward announced that this meeting was being held in conformance with the Open Public Meetings Act, and has been advertised in the local newspaper and that the next public meeting will be held on Monday, October 4, 2004 at 7:30 p.m.

Roll call by Deputy Ward showed the following answering present: Councilmen Butler, Calogera, Gillespie, Volkert, Councilwoman Panos, President Baker. (Councilman Greene arrived at 8:15 p.m.; Councilman Testino arrived at 8:35 p.m.)

Bill List

RESOLUTION #537

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of September 27, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of September 27, 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 $1,588,728.05 (Accounts Payable)

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

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

NAYS: None.

ABSENT: Councilmen Greene, Maher, Testino

Bill List

RESOLUTION #538

WHEREAS, the Business Administrator has the responsibility of approving all bills and 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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of September 27, 2004 is 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 $723,631.87 (Payroll)

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

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

NAYS: None.

Bill List

RESOLUTION #539

WHEREAS, the Business Administrator has the responsibility of approving all bills and 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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of September 27, 2004 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 $52,014.04 (Overtime).

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

AYES: Councilmen Butler, Gillespie, Volkert, President Baker

NAYES: Councilmen Calogera, Councilwoman Panos

ABSENT: Councilmen Greene, Maher, Testino

Clerk's Report

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

The following represents the collections made during the month of August 2004:

DOGS
2760-2786 196.00
replacements 2766 & 2778 1.00

CATS
260 7.00

LICENSES

Limousine
#423 DVG Limo 50.00

Kennel
K-9 Konnection 25.00
Canary Bird Farm 10.00
Berg Animal Hospital 25.00
Parkwood Kennel 25.00
Jardo Kennel 25.00

TAXI
Ed's In Town Taxi – Driver 5.00
165.00

BINGO/RAFFLE
RL 84-04 VFW Post #9468 10.00
RL 85-04 OBHS PTA 50.00
RL 86-04 Township with a Heart 10.00
RL 87-04 Western Monmouth 30.00
RL 89-04 Southwood School 50.00
150.00

LIQUOR LICENSE
1209-44 NEW – John Bone Place to Place Transfer 198.65
198.65

SEARCH
06-2004 10.00 10.00

PARKING PERMITS
#1921-1935 ( Permits) 300.00
#1921,1924 n/c
1931 replacements 5.00
1891 voided

Temporary Permits
433-447 60.00
365.00

MISCELLANEOUS
Photocopies 89.00
Late fee – DOG 20.00
Sale of Township Land 54,500.00
54,609.00

TOTAL $55,701.65

Motion to accept the Clerk's Report by Councilman Calogera, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None

ABSENT: Councilmen Greene, Maher, Testino

Clerk Saracino: Just a reminder that anyone who wishes to register to vote, may do so in the Clerk's Office, the cutoff date is Monday, October 4, 2004 at 9:00 p.m.

Report of the Attorney

Attorney Convery: This is no formal Attorney Report this evening.

Preliminary Public Comments

Mr. Rao: I am concerned about an editorial in the newspaper regarding a woman who was handcuffed and given a ticket because of an unruly protest over the Iraq war in which her son was killed. She had a legitimate right to protest and it was a disgusting thing that was done to her and the other 1800 peaceful demonstrators that were arrested during the national convention.

Kathy Fuller: I live in Society Hill and I have been taking the 818 bus for twenty years and I am very upset that the bus company has changed the bus stop. I would like to ask the Council to intervene and get the bus stop moved back as it poses a hazard to me in having to cross Rt. 516.

President Baker: Can we have Administration to get back to Ms. Fuller? Mr. Jacobs will be contacting you directly.

Anita Clavering: I just want to ask the Council and Mayor Phillips is there any way that a ramp be installed in the Council Chambers for handicapped people to access the dais. I feel it is important so that if any council member has a temporary disability like Councilwoman Panos, or a future elected official has a disability they can access the dais with a wheelchair.

Hearing

H-1 Release/Reduction Performance Guarantee – Town Center

Engineer Vincenti: This is for the commercial development across the street from the Municipal Complex. There was a prior reduction of 50% in July 2003 and we are currently holding performance guarantee in excess of $696,000.00. This was originally scheduled in May, but there was additional work that had to be done so it was put off. The work has been accomplished. We performed a final inspection, satisfied that the work has been done satisfactorily and we are recommending a release with several conditions, first is posting of a maintenance guarantee in the amount of 15% of the original performance bond. The developer has to submit revised as-built drawings. There also two other minor items to be completed at the site, bike signs and arrows are missing, but I was told they would be installed within the next week. Also, a light post that was damaged will be replaced. A technical approval from the DOT regarding the traffic signal at Cottrell Road & Rt. 516 is pending. We should get all of these items within the next 2-3 weeks so I am suggesting that we hold off the memorialization to the meeting of October 18, 2004.

President Baker opened this matter to the public.

Linda Seiler: I live in Society Hill. When that town center was being proposed, the residents of Society Hill were told that it would have a colonial look. Most of the retail stores do, but the Eckert is not in compliance with that type of structure; it is a monstrosity and very offensive being on the corner like that. I think the bond money should be held up until they conform to what we were told was the architectural design.

Attorney Convery: I am asking Mr. Heilbrunn who represented the developer to respond.

Mr. Heilbrunn: It was before the Zoning Board of Adjustment in the year 2000.

Engineer Vincenti: The bottom line is that the town center ordinance was not adopted and in place when this development was approved and the architectural pieces of the Eckert were debated long and lengthy by the zoning board and there were some accommodations that the developer made for the architectural look of that building. I assure the Council that the plan used to construct the building were reviewed and approved and are consistent with the boards approval. In addition to that, the buildings and the facades are not bonded in improvements and we cannot hold up the release of that. Notwithstanding that fact, the look of the Eckert was approved by the board.

Attorney Convery: Based upon the statement of the township engineer, it would appear that this goes beyond the issue raised by the citizen is not before the board on the bond release. This goes back at least 4 years and there are time frames for challenges to any approval and if the approval came from the zoning board before the town center design was fully in place, it is extremely doubtful that anyone would have a claim against the approval especially after 4 years. Secondly, if the building was constructed in accordance with the filed plans, then that would be a final determination. The point of the citizen is well taken, but it is past the point where that could be challenged at this level.

Linda Seiler: Are those records available to be reviewed?

Jerry Convery: I would say that those records should be available and you have a right to inspect them.

Seeing no further hands, President Baker closed the public portion.

RESOLUTION NO. 540

RESOLUTION MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR JAKE BROWN PLAZA

WHEREAS, the developer of Jake Brown Plaza located on Route 516 opposite Jake Brown Road in Ward 5, has requested a release of the Performance Guarantee; and

WHEREAS, the developer is seeking a release/reduction of the following performance guarantee:

Performance Bond $317,235.53
Cash Deposit $35,248.39
Total: $352,483.92

WHEREAS, a bond hearing was held on September 13, 2004 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the site. All site improvement work has been completed with the exception of some areas which are deficient in landscaping.

WHEREAS, the Township Engineer has recommended a release of the Performance Guarantee subject to the following conditions:

1. Posting of a Maintenance Bond for a period of two (2) years in the amount of $52,872.60 (15% of Performance Guarantee ($352,482.92)

2. Submission of a landscaping plan showing the deficiencies in landscaping and the proposed planting to address this item. The plan must be submitted within (2) weeks to the Township Engineer.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the release of the performance guarantee is hereby granted subject to the above referenced conditions.

If the maintenance bond required by this Resolution is not posted with the Township

Clerk within forty-five (45) days after the adoption of the Resolution releasing the performance bond, the release is void. If there are insufficiencies or errors in the language of the bond submitted, the Township Attorney or Township Clerk may extend the said deadline in writing.

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

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

NAYS None

ABSTAIN: Councilman Greene

ABSENT: Councilman Maher

Prior to the roll call vote the following discussion took place.

Councilman Greene: I feel compelled to comment, I don't know whether or not this is a fact, but I was told that the buildings that contain the various stores were actually built closer to the road than they should have been according to the application, is that correct?

Engineer Vincenti: I don't believe so.

Councilman Greene: I want to say that I don't know what I want to say on this because I have been on the council a number of years and this was discussed and ultimately what turned out to be is not what I was told and I am glad I distanced myself from the project some time ago. We were clearly told this was going to be an area where people would come, park their cars and walk and stroll through the area. It is not; it is just another shopping center. Quite honestly, we were sold a bill of goods. This is not a place that attracts residents, this is a shopping center and that is not the way it was supposed to be. This area was supposed to attract other commercial ventures; it would be an ideal spot and prevent strip malls from being built in other areas of town. After listening to all that testimony I have to let the public know that I clearly am concerned about what exactly happened on that corner and I cannot support it.

Councilman Calogera: Once the zoning board approved this, you are telling us that there is nothing we can do, correct? So this bond release and any problems with design, clearly would have had to be addressed with the zoning board.

Attorney Convery: I do not know what the issues were 4 years ago, but that is finalized. The only issue now and the engineer has addressed it, is whether or not the improvements that were bonded have been made and the conditions attached, including a maintenance bond which is standard practice are in place.

Councilman Gillespie: I actually agree with Mr. Greene when it comes to this town center concept and while it was being proposed I did not serve on the council, but it was very strongly proposed by the prior administration as one of the things they advocated very strongly and I am sorry to hear that he feels he was sold a bill of goods and frankly I had concerns about it and was opposed to it as well. However, I don't think that we can hold the people who are there now responsible for that because it is not within the purvey of this bond release hearing, so unless there is other debate I will move for the release.

Councilwoman Panos: I also came on-board after this came to fruition and there is more to be done to this center, correct?

Engineer Vincenti: As far as that quadrant is concerned that is 100% built.

Councilwoman Panos: Is there supposed to be more?

Engineer Vincenti: There are other properties within the town center and one is currently active before the planning board.

Councilwoman Panos: I am going to ask this council to request that the boards adhere to the strictest rules that this center is supposed to have.

Engineer Vincenti: I want to clarify the confusion. The town center ordinance was adopted after the zoning board approved this project, so the design standards that were debated before this council were not in place and in large part were not used when this project was approved. The zoning board acted on this application after the council adopted the town center district and that is why some of esthetics, architecture and the look and streetscape that is constructed across the road does not match and is not consistent with town center design standards and zoning ordinance.

Councilman Gillespie: I take John's comments as all well and good with respect to this one project, but I think what I hear from other members of the council is that the prior administration came in with a plan that was going to be the best thing since sliced bread and obviously it has not turned out that way. Again, as someone who sits on the planning board now as this council's representative, I can tell you that when another application comes in I will subject it to the utmost of scrutiny.

Presentation

Farmland Presentation Update

President Baker: This refers to Ward II, so I will do it. We have a map of the area that the town is going to buy. I would like to reach out to all the farmers in town that if you are not aware there is a program where Old Bridge is actively seeking to purchase your land and keep it as open space and away from the developers. We have the opportunity to purchase 59 acres of farmland in Ward II, it is the known as the Gasparchek/Birardi farm. Had these farmers not contacted us, this land could have been sold to developers and under the R-15 & R-20, we could have had 126 units built on the property. The township will be paying $7000.00 per acre for over 59 acres to preserve that forever. The County will be paying $800,000.00 and the State will be paying a little over $2 million dollars; this is a win-win situation for Old Bridge, the farmer gets to keep his farm; the Township of Old Bridge keeps open space and our buy-in is $400,000. There are too many people to thank for making this project successful. This is an example of the smart growth, not smart development that we talked about.

Councilwoman Panos: I want to thank the people from Birardi farm too as well as any individual in this town who gives up their farmland, because you certainly cannot depend on this Council to do it. You are giving a fanfare as if it were the township out and out doing this, when you just gave away 500 acres for Crossroads on Routes 9 and 18, so let's not take credit. My thanks go to the individual who gave up that farmland. It may be the Township, County and State who brought it to closure, but it was the individual farmers that are responsible for the outcome.

President Baker: There is no fanfare here, this is just facts of an opportunity for Old Bridge to purchase 59 acres of farmland. I could do fanfare, but I have chosen not to.

Councilman Calogera: I also want to thank the Birardi's and Mrs. Miller who participated in the program also. It is an excellent program and one of the few things that is the right thing for citizens to do. They can cash in on some of the value of their property and keep it within their family, it is a big incentive in stopping developers from building. I also want to agree with Mrs. Panos. We were stupid and gave away 500 acres of our own land so that developers can build.

Councilman Greene: I also want to weight in and say this is a wonderful thing that the Birardi's have done. The township should actively pursue anyway possible to preserve as much open space as possible and we have to plan for the future which is the bottom line.

Councilman Gillespie: I think it is important to point out because maybe some of the people who serve on the Council are a tad confused about what we are doing here. We are not asking anyone to give up their farm. What we are doing, is the families that own this farmland are going to continue to own this land and the people who own and work on this land will continue to do so. We are purchasing a deed restriction or a development right away from this land owner so that this land will remain just as it is now. Frankly, from what I have read in the newspaper, some of the farmers, both in town and in the County are not aware of exactly what this program is and what it means to them, which is why I think it was important to have this program here this evening and to make it clear once again we are not purchasing the land and these people are not giving up their livelihood to operate this farm as an income producing entity, that activity on the land will continue, what we are saying is that we are trying to preserve our agricultural heritage as a community and preserve the livability of our community and keep this land out of the hands of private developers. No one is going to stop these people from farming, no one is going to take their land, it is just to take the development rights so that we have a deed restriction on the property.

Mannino Park Update

Tom Badcock: For those of our residents who are not aware, this piece of property is a 165 acre tract of land that lies on Rt. 516, west of Browntown. About four years ago, the State of New Jersey, Department of Environmental Protection did a wetlands survey to give us an idea of how much buildable land was on this tract. We have about 111 acres that are buildable out of the total. We have a map of the conceptual plan based on the statewide comprehensive outdoor recreation plan and our current and projected future recreational needs for the community, which is subject to change because it is a very large park and will take many years to complete. One of the things we do know, is that Phase I of this park is going to be the Old Bridge YMCA. That will be the first part of the entrance way into the park in our agreement with Red Bank YMCA people and also we are very fortunate that the Mayor and the Council received a 3 million dollar grant towards the YMCA from the County which will help us build this 55,000 sq. ft., full service facility for our residents.

Back in the late 1970's this subdivision was projected to be about a 70-80 housing development. We foreclosed on it a few years ago and got a great deal on this property. This property is surrounded by what is now about a 900 acre proposed County park. This is some of the most beautiful land, you cannot believe that you are in the heart of heavily populated New Jersey. We knew that we needed to get good access into this area because it is so heavily traveled. Owens Road was projected by our engineers to have a traffic light in the renovation of Rt. 516 and our engineer, John Vincenti, went to the County and requested a change to make it a four-way intersection. We made a deal with Perth Amboy to purchase a little triangle of property so that we could line up the entrance way with Owens Road and there could be a four-way intersection. John has worked with the County engineers and designed a beautiful plan for people traveling east on Rt. 516 to have a turning lane into the park. It is a great plan that will get people safely in and out of that very large park. Another thing, the Mayor has got some funding from the County Open Space Fund to move the Sayrewoods South Rebels Football field back onto County property adjacent to Mannino Park. It is a great plan and we are very excited about it. The YMCA has already awarded a contract to a very prestigious architectural firm who is designing the building and we anticipate having this project moving sometime in the Spring.

Councilman Greene: Is the County contributing to the YMCA?

Tom Badcock: The County contributed $3 million dollars to the township and it will be part of the 3-way agreement with the Red Bank YMCA, Old Bridge Township and the County. It will be a condominium of development and we will be able to take the $3 million dollars from the County and use it as our part of the building and in essence it will be a condominium of sorts with the YMCA and the money they raise to bridge the same building.

Councilman Greene: I did not think that the township was going to contribute to the building. I thought the YMCA was responsible for the building.

Tom Badcock: The township's only commitment is to do the infrastructure, which we are doing. We were just going to raise money from the general campaign, but up to this point the money raised from the campaign and we are projecting is a $7-$8 million dollar facility and without enough money for a down payment they cannot afford to float a bond of $4-$5 million dollars for a project that size. The beauty of having this whole thing as far as a grouping is that we can use the money, because legally the Open Space Fund from the County can give the township the money and the township can put it back into the facility to make sure we have a great facility. There will be trade-offs for that. We are going to negotiate for better rates for the residents; prime swim team time for our high school swim team; and we have a lot of pluses for the residents.

Councilman Greene: I have been a supporter of this facility, I just want to know that now that the County is involved, I just want to make sure what the deal was. In the past the township would supply the land and the YMCA would build the building and run the facility. I would certainly have concerns if the township would have to contribute to the construction of the building. I ultimately want to know what the County is going to get for their $3 million dollars, and whether any concessions have to be met.

Tom Badcock: The Mayor has the money from the Open Space Fund and it now township money. Just like we apply for money from the County to purchase jointly other park lands, this money is given to us by the County and it will allow the township to have an input on the project.

Councilman Greene: So that is where we get the money and it's the so-called township contribution, correct?

Mayor Phillips: The conditions of the $3 million grant, one of which was it has to have an aquatic facility because when the County did the study of recreational needs and aquatic centers came high on the ranking. Secondly, another condition was that residents of Middlesex County have a cheaper rate than those who live out of Middlesex County. Very much of the detail of the planning will be in the agreement. You have selected Red Bank YMCA to be our partner in this, previous Councils have decided that they would put up the land for this and last year when you were doing the Capital Budget, you put in $1 million for the entrance to Mannino Park (the infrastructure and the road) The County is working on the improvement to the Owens Road intersection which will then be 4-way. So all of this is coming to fruition now. There will be no other contribution that I can see from the township unless the Council changes that. Whatever the difference is between the grant and the fund raising, will be passed along to those who use the facility as part of their rate structure. If you look at the way Mannino Park was acquired, it was acquired without the use of Green Acres money. It is still protected by Green Acres, but because it was not purchased with that money, they will allow the structure to be built there. If you tried to build this at Lambertson or Rose Farms, the answer would most definitely be no, because this type of facility is not allowed to be built on Green Acres funded land. Hopefully, later on either one of these tracts can be used for a golf facility which is permitted on Green Acres funded land.

Councilman Calogera: I am a proponent of this from the beginning and I think it is a great plan for Old Bridge. I know Tom and the people on the committee deserve to be commended, so I think I can speak for myself and the rest of the Council when we say we are looking forward to this project being completed.

Councilwoman Panos: Is there a time frame for ground breaking?

Tom Badcock: We are not sure, but we are optimistic that we can have the agreement and everything else working concurrently so that we can see this plan commence sometime in the Spring, and maybe by late 2005 we may have a building and an entrance road and that will be Phase I of Mannino Park. Once that is done we will be able to move further into the deeper recesses of the park.

Public Hearing

Budget SFY 2005

Himanshu Shah: Tonight is the public hearing on the budget that was introduced on August 16th for the SFY2005. Before we open the hearing I want to advise the Council that tonight only a hearing and we cannot adopt the budget. As you know we have applied for State aid to reduce the tax rate so until a decision is made by the State we cannot adopt the budget. In summary, as currently introduced, the tax rate is 76 cents per $100 of assessed value, which is about 3 cents higher than last years budget. It is our hope that working with the Council, Administration and with the State aid, that we will be able to come back and finally adopt the budget with no tax increase. The information on the budget has been on the web and is available right now. Tonight we have provided a package that includes information and data relating to the budget as well as a synopsis of the budget and a history of our tax rate.

Linda Seiler: My first question has to do with Economic Development Agency, I see that there is $95,000 in the budget, $85,000 of which is salaries, which I suppose is for Mr. Azzarello, and $10,000 for other expenses, that were not in the budget last year, could you explain that?

Himanshu Shah: What I can tell you is that in the past we had contributed $75,000 to the EDC Corporation, where currently the director of the EDC is being paid outside of the corporation. Since we have adopted a Redevelopment Agency Plan, this budget includes funding for it as well as bringing the EDC positions under the administration.

Linda Seiler: I see there is $75,000 going for contribution to the Redevelopment and $85,000 is Mr. Azzarello's salary.

Himanshu Shah: Currently, I am not sure if that is the number for the EDC director's contract, because it is outside of the township.

Linda Seiler: So, what is the additional $85,000 there to pay for in the EDC; is it to pay Mr. Azzarello's salary.

Himanshu Shah: It is for the salary of the EDC.

Linda Seiler: I would like to express a personal opinion. I don't see where the EDC Agency is a full time job that merits a $85,000 a year salary and in addition there is going to be another $75,000 for the redevelopment agency. As far as the redevelopment agency, is that going to include the salary for the director of that agency, because it is not listed there?

Himanshu Shah: We are contributing to the redevelopment agency, they will have their own budget that will be submitted to the DCA and will have to have State approval. I cannot tell you the detail plan of the redevelopment agency but as of now, a preliminary budget was submitted to the State which did not include any salary of $75,000, it is for a number of different items that we felt necessary to get for the initial funding of the agency.

Linda Seiler: Did the plan submitted to the DCA did include a budget, which did assume there was an executive director because you cannot legally have a redevelopment agency without an executive director.

Himanshu Shah: It is a part time position.

Linda Seiler: Is that out of the $75,000?

Himanshu Shah: Yes.

Linda Seiler: I don't understand why we don't continue to have Mr. Azzarello's salary funded from the developers, why does it now have to be on the burden of the taxpayers.

Mayor Phillips: The contribution has always been included in the operating budget of the EDC. The actual line item where this is funded is out of the Planning Department. Last year that number was $75,000, this year that number is being reduced to $25,000 because we are creating this new department of the Division of Economic Development, so there is actually a $50,000 deduction in another line item.

Linda Seiler: The total budget in Planning is decreased by $50,000.00, correct?

Mayor Phillips: Yes.

Linda Seiler: There is a $6000 item for the Ethics Board. As I understand it when one of the members resigned last year, it was noted that the Ethics Board had not met for two years that he was on the board, so why does the board need $6000 when it has not met in several years?

Mayor Phillips: I have asked the Council to review what the standing is of the ethics board. You may or may not be aware that when you have an ethics board it has to be approved by the State with regard to its constitution and what it means.

Attorney Convery: It is my understanding that the $6000 would be available for attorney's fees, but the attorney would have to bill. So you cannot leave it at zero in case there is an ethics case and an attorney is needed, he can bill against the line item, it does not mean you have to spend $6000. When you have a local ethics board, it has to be in accordance with State law and meet the requirements. Carol Berlen of my office has attempted to contact the State to make sure that our ethics code is fully up to date and approved by the State. We have not gotten a reply yet.

Mayor Phillips: Because that board has not met and I have had conversations individually with several of the members, once we get clarification that we do in fact have a recognized board, it is my intention to bring that board together and find out who wants to serve and what are the policies and procedures if something gets to the ethics board. I can recall reading a number of cases where people filed ethics complaints against each other and for some reason they were never heard. I am at a loss for an explanation. When I met with members of the ethics board, the last case was regarding a councilman's employment, that is the last official document they had to review, something is wrong and we want to fix it, but before we go forward, we want to make sure that the current ethics law is on file with the State and has been approved.

Linda Seiler: My next question has to do with Planning and Zoning Boards wages. The $37,000+ and the $36,000+ wages is that for full time employees?

Himanshu Shah: Yes, they are full time employees, secretaries for each department.

Linda Seiler: The $23,300 and the $25,000+ for other expenses, where does that go?

Himanshu Shah: It goes for attorney fees for the board.

Rose Grimes: I don't have a question, I have a statement regarding the budget. Mayor Phillips has absolute credentials to balance this budget, we have Mr. Shah who as the finance director has helped to turn the town around. I have a problem with the questioning of Mr. Azzarello's salary.

Attorney Convery: The board has a policy not to allow anybody including its own members to get into personalities. Please don't comment on someone else and their motivations, just give your own statement and we will all be better off.

Rose Grimes: Mr. Azzarello has done a lot for the township and I get upset when people do not give him credit. I am protecting Mr. Azzarello because I know him personally and that he cares about the people. He does a lot for the community and no one comes up here and questions the credentials and salary of the other officials.

President Baker: You are here to talk about the budget, could you speak to it.

Rose Grimes: I am speaking about the $85,000 and I believe it is warranted. With regard to the ethics board I did my own investigation and most of the members are from the church. The reason it has not been addressed is as the Mayor stated is because there have not been that many matters before them. We have to stipulate to the public who does not know is that these members are volunteers. So the $6000 for the ethics board I approve and I want to thank the Mayor and Mr. Shah for their efforts and for going to the State for aid.

Mr. Rao: As I understood they are going to increase the taxes by 3 cents if we do not get money from the State, correct?

Mr. Shah: No, I said we are working to keep the budget at the same level as last year which is 73 center per 100. We are hoping that State aid will help us in achieving that goal, but if they don't we are going to try other means to finally adopt the budget that is the same as last year.

Mr. Rao: So you are saying there is going to be a zero tax increase, correct?

Mr. Shah: That is the ultimate goal to have no tax increase.

President Baker: This Council will not vote on a tax increase. We will all be working together for that goal.

Mayor Phillips: The budget as introduced has a 76 cent per $100 rate. Last year the rate was 73 center per $100, we will do whatever we have to do to try and keep the rate the same as last year. Based on the number we get from State aid and based on the success of some of sales and revenues we projected, it our every intention to produce a budget that is 73 center per $100. That is our mission and I believe that is the only way I will get a budget passed is one without a tax increase. We are trying to run this a tight as we can in anticipation of giving the taxpayers a break this year.

Mr. Rao: Are the Council members going to cut their spending?

Councilman Butler: The Council members are going to meet with all departments to see what we can do to keep their budgets tighter.

Seeing no further hands, President Baker closed the public portion.

Councilman Greene: I just want to make sure that at some point the Council will be able to discuss and debate the budget in a formal process.

Mayor Phillips: Yes, the fact is that this budget still has to be adopted and we cannot do this until we know our State aid numbers.

Motion

Motion to carry the adoption of the budget subject to a reply from the State of New Jersey 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: None.

ABSENT PODIUM: Councilman Calogera, Councilwoman Panos

ABSENT: Councilman Maher

ORDINANCE FOR SECOND READING

ORD. #33-04 Sale of Land

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 33-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE
TOWNSHIP OF OLD BRIDGE NO LONGER NEEDED FOR PUBLIC USE AND SETTING THE TERMS OF SUCH PRIVATE SALE

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

Section 1: Purpose

The Township of Old Bridge is the apparent owner to certain properties known as Block 2000, Lots 3, 5.11, 8, 16, 23, 24, 25, 26, 27 and Block 4185, Lots 21, 23, 24, 27 on the Tax Map of the Township of Old Bridge. This land is no longer needed for public use and the Township Council desires to authorize the sale of the property in accordance with all requirements and procedures set forth in the Local Lands and Buildings Law (N.J.S.A. 40A:12-1, et seq.).

Section 2: Authorization to Conduct Sale

The Township Business Administrator is hereby authorized to conduct a private sale to the State of New Jersey or any agency or department thereof in accordance with N.J.S.A. 40A:12-13. The minimum price for the interest which is authorized to be sold under this Ordinance is as follows:

Block/Lot Minimum Price

2003/3 $22,500.00
2000/5.11 $8,400.00
2000/8 $17,600.00
2000/16 $30,000.00
2000/23 $9,300.00
2000/24 $15,600.00
2000/25 $6,000.00
2000/26 $8,700.00
2000/27 $15,700.00

4185/21 $11,600.00
4185/23 $6,800.00
4185/24 $6,000.00
418527 $12,500.00

Section 3. Notice of Sale

The Township Clerk shall cause the Notice of Sale and Public Notice to be provided in accordance with the statute.

Section 4. Authorization to Execute Documents

The Township Attorney, mayor and Township Clerk are hereby authorized and directed to execute ad delivery any document necessary to effectuate the subject conveyance.

Section 5. 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 6. 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 of the ordinance shall be deemed invalid and ineffective.

Section 7. Effective Date

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

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

NAYS: None.

ABSENT: Councilman Maher

President Baker opened this matter to the public. Seeing no hands he closed the public portion.

Prior to the roll call vote the following discussion took place.

Councilman Greene: I want to point out that this is different than the sale of properties which were considered by the Council not too long ago. This is property that the township owns and is selling to the State and will remain as open space. It is a win-win situation for the township as well as Cheesequake Park. My second point is when the sale is finalized where will the money go?

Mayor Phillips: Following a long tradition of mayors and administrations, I want to put this money into the general fund and the Council can move it later when you adopt the budget.

ORD.#34-04 – Health Department Fees

ORDINANCE NO. 34-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE SETTING THE FEE FOR CERTIFIED COPIES OF THE CERTIFICATE OF
DOMESTIC PARTNERSHIP AND AMENDING VARIOUS OTHER HEALTH DEPARTMENT FEES

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

SECTION 1: PURPOSE

This Ordinance establishes a fee for certified copies of the Certificate of Domestic Partnership and amends various other health department fees.

SECTION 2: CERTIFIED COPIES OF THE CERTIFICATE OF DOMESTIC PARTNERSHIP

Section 19-4 of the Code of the Township of Old Bridge is hereby amended as follows:

Certified copy of Certificate of Domestic Partnership………………….. $5.00
Burial permit…………………………………………………………….........$5.00
Vital records, correction(s) to certified copies…………………………. $10.00

SECTION 3: CERTIFIED COPIES OF VITAL STATISTICS

Chapter 19-4 of the Code of Old Bridge is amended as follows:

19-14. Fees for certified copies of vital statistics. There shall be a fee of five ($5.00) dollars for certified copies of vital statistics. There shall be a fee of ten ($10.00) dollars for each RED-34 State form filed to correct a vital record.

SECTION 4: RETAIL FOOD ESTABLISHMENT FEES

Chapter 19-10.5 of the Code of Old Bridge is amended to add the following:

2. Retail Food Stores other than Restaurants

There shall be a late fee of $50.00 for all persons who fail to register by January 30th of the license year renewal date.

3. Special Event Food Vendor

There shall be a fee of $50.00 for a Special Event Food Vendor License. This fee may be waived by the Township Council for Township sponsored events upon application to the Township Council for a waiver.

SECTION 5: 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 6: PARTIAL INVALIDITY

If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, each adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

SECTION 7: 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 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 NJSA 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 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, Gillespie, Testino, Volkert, Councilwoman Panos, President Baker.

NAYS: Councilman Greene

ABSENT: Councilman Maher

President Baker opened this matter to the public, seeing no hands he closed the public portion.

No Discussion

ORD. #35-04 – Bus Stop

TOWNSHIP 0F OLD BRIDGE
ORDINANCE NO. 35-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE RELOCATING A BUS STOP ALONG ROUTE 9 NORTH AND INVERNESS DRIVE

WHEREAS, the Township of Old Bridge would like to relocate a bus stop at Inverness Drive and Route 9 North; and

WHEREAS, this bus stop to be relocated on Route 9 North and Inverness Drive will serve commuters at the newly built commuter parking lot.

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

Section 1. The following bus stop is relocated:

1. Along Route 9 North at Inverness Drive:

a. Between Inverness Drive and Spring Valley Road - mid-block beginning 135' south of the southerly curbline of Inverness Drive extending 135' southerly therefrom.

The following bus stop is deleted:

b. Inverness Drive - far side beginning at the northerly curbline of Inverness Drive and extending 100' northerly therefrom.

WHEREAS, the Mayor and Township Council of the Township of Old Bridge will enforce the needed traffic regulations governing the aforementioned bus stop location and provide the necessary police security to ensure the safety of the traveling public.

NOW, THEREFORE, BE IT FURTHER ORDAINED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, does hereby authorize relocating the NJ Transit bus stop at Route 9 north and Inverness Drive.

BE IT FURTHER ORDAINED that this Ordinance shall take effect upon approval of the Commissioner of Transportation as provided by law.

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

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

NAYS: None.

ABSENT: Councilman Maher

President Baker opened this matter to the public. Seeing no hands he closed the public portion.

No Discussion

ORD.#36-04 Recodification of Traffic Chapter X

ORDINANCE NO. 36-04

ORDINANCE CODIFYING REVISED TRAFFIC CODE “CHAPTER X” AS APPROVED BY THE STATE DEPARTMENT OF TRANSPORTATION

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

Section 1: Summary of Ordinance

The following ordinance on file with the Township Clerk codifying Chapter X “Vehicle and Traffic”, approved by the New Jersey Department of Transportation on August 5, 2004 is hereby adopted.

The ordinance shall be published by title and summary pursuant to N.J.S.A. 40:49-2. The codification of Chapter X “Vehicles and Traffic” contains all traffic and vehicle code provisions through July 12, 2004 which have been approved by the New Jersey Department of Transportation. The traffic code Chapter X shall be on file at the Office of the Township Clerk, One Old Bridge Plaza, Old Bridge, New Jersey 08857 during the hours of 8:30 a.m. to 4:30 p.m. Monday through Friday, and may be reviewed or obtained without cost from the Township Clerk.

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 of the ordinance shall be deemed valid and effective.

Section 4: Effective Date

This ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless Council shall adopt a resolution at final adoption declaring an emergency and at least two thirds (2/3) of all the members of the Council shall vote in favor of such resolution pursuant to NJSA 40:69A-181; and upon this ordinance taking effect shall not be retroactive.

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

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

NAYS: None.

ABSENT: Councilman Maher

President Baker opened this matter to the public.

Barbara York: I just want to know if there is anything in this ordinance with reference to parking along State highways because by the Wawa there are tractors parking there and it is starting to cause a problem.

Attorney Convery: We decided to put this matter on and move ahead even thought there may have to be later revisions because this was prepared by the Police Department and it was sent to the State Department of Transportation and what is before the Council tonight was approved so the idea is since it is already approved let's pass it and get it codified on our books as the official Chapter X-Traffic in our code. We understand that there may be further changes and we will get to them. I will relate what you stated to the Chief and we will look at it.

Seeing no further hands, President Baker closed the public portion.

Prior to the roll call vote the following discussion took place:

Councilwoman Panos: I understand that in this chapter there are stop signs and such, after this passed tonight and the ordinance goes into effect in 20 days, can those stop signs be put up?

Attorney Convery: Whatever is physically in the ordinance has been approved by DOT and will be implemented.

Consent Agenda

President Baker opened the Consent Agenda to the public.

Ann Miller: I live on Cottrell Road. With regard to C-6 the Open Space Trust Fund regarding Birardi Farm, I would like to congratulate the Gaspercheck's and the Birardis' with regard to their decision about their farm and I am glad I am no longer the only one who made this decision.

Seeing no further hands President Baker closed the public portion.

RESOLUTION NO. 540

RESOLUTION MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR JAKE BROWN PLAZA

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

WHEREAS, the developer of Jake Brown Plaza located on Route 516 opposite Jake Brown Road in Ward 5, has requested a release of the Performance Guarantee; and

WHEREAS, the developer is seeking a release/reduction of the following performance guarantee:

Performance Bond: $317,235.53
Cash Deposit: $35,248.39
Total: $352,483.92

WHEREAS, a bond hearing was held on September 13, 2004 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the site. All site improvement work has been completed with the exception of some areas which are deficient in landscaping.

WHEREAS, the Township Engineer has recommended a release of the Performance Guarantee subject to the following conditions:

1. Posting of a Maintenance Bond for a period of two (2) years in the amount of $52,872.60 (15% of Performance Guarantee ($352,482.92).

2. Submission of a landscaping plan showing the deficiencies in landscaping and the proposed planting to address this item. The plan must be submitted
within (2) weeks to the Township Engineer.

If the maintenance bond required by this Resolution is not posted with the Township Clerk within forty-five (45) days after the adoption of the Resolution releasing the performance bond, the release is void. If there are insufficiencies or errors in the language of the bond submitted, the Township Attorney or Township Clerk may extend the said deadline in writing.

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

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

NAYS None

ABSTAIN: Councilman Greene

ABSENT: Councilman Maher

RESOLUTION NO. 541

RESOLUTION ACKNOWLEDGING THE OBSERVANCE OF THE 75TH ANNIVERSARY OF THE NEW JERSEY SOCIETY OF MUNICIPAL ENGINEERS

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

WHEREAS, during 2004, the New Jersey Society of Municipal Engineers is celebrating its 75th Anniversary; and

WHEREAS, Old Bridge Township is pleased to join the New Jersey Society of Municipal Engineers in marking and observing its 75th Anniversary and September 26 to October 2, 2004 has been delegated as New Jersey Municipal Engineers Week; and

WHEREAS, Founded in 1929, the New Jersey Society of Municipal Engineers has continued to fulfill its mission of improving the quality of life of New Jersey communities through municipal engineering; and

WHEREAS, The New Jersey Society of Municipal Engineers discourages the influence of party politics in the selection or retention of municipal engineers over the efficient and professional administration of the office of the Municipal Engineer; and

WHEREAS, for seventeen years, the New Jersey Society of Municipal Engineers, through the New Jersey Municipal Engineering Institute has administered programs dedicated to the continuing educational needs of professional engineers practicing municipal engineering; and

WHEREAS, in addition, The New Jersey Municipal Engineering Institute has administered the Certified Municipal Engineer program to introduce engineers to both the technical and administrative areas that are encountered in the practice of municipal engineering departments through educational programs; and

WHEREAS, it is altogether proper and fitting for Old Bridge Township to recognize the 75th Anniversary of the New Jersey Society of Municipal Engineers and New Jersey Municipal Engineers Week as significant occasions in this State;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Old Bridge Township hereby recognizes the occurrence of the 75th Anniversary of the New Jersey Society of Municipal Engineers and New Jersey Municipal Engineers Week September 26 thru October 2, 2004 and extends sincere best wishes and congratulations; and

IT IS FURTHER RESOLVED, that a duly authenticated copy of this resolution signed by the Municipal Clerk, be transmitted to the New Jersey Society of Municipal Engineers and the Municipal Engineers for Old Bridge Township.

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

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

NAYS None

ABSENT: Councilman Maher

RESOLUTION NO. 542

RESOLUTION GRANTING PERMISSION TO THE OLD BRIDGE FIRST AID & RESCUE SQUAD TO HOLD ITS FIRST ANNUAL “RIDE FOR LIFE” MOTORCYCLE RALLY

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

WHEREAS, a request has been made by the Old Bridge First Aid & Rescue Squad to holds its first annual “Ride for Life” motorcycle rally; and

WHEREAS, the Old Bridge First Aid & Rescue Squad wishes to hold its “Ride for Life” Motorcycle Rally on Sunday, October 3, 2004 (Rain dates Sunday, October 10, 2004 and Sunday, October 17, 2004); and

WHEREAS, the Old bridge First Aid & Rescue Squad is requesting a permit for the closing of Marlboro Road between Southwood Drive and Ferris Road on Sunday, October 3, 2004 from 8:00 AM to 11:30 AM (Rain dates, Sunday, October 20, 2004 and Sunday, October 17, 2004) to facilitate the “Ride for Life”.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to the Old Bridge First Aid and Rescue Squad to hold it “Ride for Life” Motorcycle Rally on Sunday, October 3, 2004 (Rain dates, Sunday October 10, 2004 and Sunday, October 17, 2004) and a permit is hereby granted for the closing of Marlboro Road between Southwood Drive and Ferris Road subject to the conditions set forth in the memo of Richard Diaz, Fire Marshall dated August 11, 2004 and the memo of Chief Thomas Collow, copy of which is available for inspection in the Clerk's office during normal business hours.

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

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

NAYS: None.

ABSENT: Councilman Maher

RESOLUTION NO. 543

RESOLUTION AUTHORIZING CONTRACT WITH LINDA WILLS FOR PROFESSIONAL SERVICES RELATING TO CDBG 2003 CAPER

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 professional services to prepare its Consolidated Annual Performance and Evaluation Report (CAPER) required under the federal community Development Block Grant (CDBG) Program; and

WHEREAS, Linda Wills, is a licensed New Jersey planning consultant who is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Linda Wills, located at 87B Traphagen Road, Wayne, New Jersey 07470 for purposes of preparing the aforesaid services relating to CDBG 2003 Caper.

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 Linda Wills in the amount of $3,900.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1281 in the amount of $3,900.00.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township
Attorney shall review any and all contractual documents prepared in furtherance of this award.

This Resolution is conditioned upon the following:

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

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

C. Compliance by the Vendor with signing the mandatory affirmative action Language required by law.

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

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

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

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

NAYS: None

ABSENT: Councilman Maher

ABSENT PODIUM: Councilman Testino

RESOLUTION NO. 544

RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR CONTRACT #03-33 FOR ADDITIONAL WORK FOR IMPROVEMENT FOR INVERNESS DRIVE COMMUTER PARKING LOT

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract #03-33, with the firm of Pioneer General Contracting Co., Inc., for the construction of the Inverness Drive Commuter Parking Lot; and

WHEREAS, Pioneer General Contracting Company has requested Change Order No. 1 to increase the amount of the contract due to necessary additional construction work.

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………………………………….. $423,220.00

CHANGE ORDER #1……………………………………….$16,800.00
NEW TOTAL AUTHORIZED……………………………. ..$440,020.00

TOTAL AMOUNT OF CHANGE ORDER………….............$16,800.00

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

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

NAYS: None.

ABSENT: Councilman Maher

RESOLUTION NO. 545

RESOLUTION AUTHORIZING THE CONTRACT TO BUCHALSKI, REYNOLDS & BRODOWSKI FOR APPRAISAL SERVICE 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:

WHEREAS, the Township Council previously entered into a contract with the firm of Buchalski, Reynolds & Brodowski 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 $50,000.00 for the period from July 1, 2004 to June 30, 2005.

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 $50,000.00.

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 #1244 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.

BUDGET YEAR FY2004

CERT NO. 1244

AMOUNT $50,000.00 (Not to Exceed)

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 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 spent.

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

This Resolution is conditioned upon the following:

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

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

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

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

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

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

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

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

NAYS None

ABSENT: Councilman Maher

RESOLUTION NO. 546

RESOLUTION AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH HARRY HAUSHALTER, ESQ. FOR SPECIAL TAX COUNSEL

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 special counsel for the purpose of representation of the Township in connection with tax appeals; and

WHEREAS, Harry Haushalter, Esq. a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

WHEREAS, the Tax Assessor wishes to renew this contract with Harry Haushalter, Esq., for his legal services in an amount not to exceed $50,000.00 for the period from July 1, 2004 to June 30, 2005.

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 for professional services is authorized to be entered with Harry Haushalter, Esq., to provide legal services at a rate of $125.00 per hour, plus cost and expenses not to exceed the sum of $50,000.00 for a twelve (12) month period.

2. The scope of the work to be performed by attorney Harry Haushalter, Esq., shall be representation to the Township in special tax appeals.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1245 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 FY2004

CERT. NO. #1245

AMOUNT: $50,000.00 (Not to Exceed)

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 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 spent.

This Resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Maher

Prior to the roll call vote the following discussion took place:

Councilman Calogera: I would like Brian to explain these two items so that I can get a little more insight as to exactly what these expenditures are for.

Brian Enright: I am the tax assessor here in Old Bridge. These are maximum amount contracts. The first one for Buchalski, Reynolds & Brodowski as the appraisal firm that we engage to represent the township in defense of tax appeals for commercial properties. When any of these highly taxed properties file an appeal we need to defend the assessment. This appraisal firm is a licensed MAI, and in my opinion one of the best in the State if not the country. The $50,000 is a maximum amount and based on my opinion of what may happen. Last year the contract maximum was the same and Mr. Buchalski only billed $15,475.73, so we are not spending this money every year, it is there in case we need to use it.

With regard to Harry Haushalter, Esq., it is the same situation. It is a maximum contract up to $50,000 for legal services for special tax counsel. Last year his total bill was a little over $43,000.

RESOLUTION NO. 547

RESOLUTION AWARDING CONTRACT TO MASER CONSULTING P.A. FOR THE DESIGN OF MANNINO PARK ACCESS ROAD

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 advertised and received proposals for a Contract for the design of an access road to Mannino Park; and

WHEREAS, two proposals were received; and

WHEREAS, the Township Council wishes to award the contract for the design of an access road to Mannino Park; and

WHEREAS, the Township Engineer has recommended that the contract be awarded to Maser Consulting, P.A., 30 Freneau Avenue, Rt. 76, Matawan, New Jersey 07747, as they submitted the lowest responsible proposal.

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. Maser Consulting Co., is hereby awarded the contract in the amount of $58,000.00 for the design of an access road to Mannino Park

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1279 certifying the existence of a sufficient appropriation to fund the said contract.

3. The award of this contract is subject to the approval of the New Jersey Department of Transportation

4. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Maher

Prior to the roll call vote the following discussion took place:

Councilman Calogera: This is for the design of the access road into Mannino Park, correct? Is there any way we could save money and do it in-house?

Engineer Vincenti: In my opinion it involves a lot of specialty work. There is environmental permitting that is necessary and the other thing is it requires a lot of coordination with the County improvements.

RESOLUTION NO. 548

AUTHORIZING PAYMENT FROM THE OPEN TRUST FUND TO THE COUNTY FOR THE TOWNSHIP'S SHARE OF DEVELOPMENT RIGHTS TO BIRARDI FARM

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

WHEREAS, the Middlesex County Agriculture Development Board will be closing on the purchase of the development rights of Birardi Farm, Block 13000.16, Lot 15.11 in Old Bridge Township; and

WHEREAS, the cost share for the Township of Old Bridge is $404,243.01; and

WHEREAS, the township planner is requesting authorization of payment from the Open Space Trust Fund to the County for the Township's share of the development rights of Birardi Farm, Block 13000.16, Lot 15.11 in the amount of $404,243.01; and

WHEREAS, the capital budget is hereby amended to include the Birardi Farm cost share subject to the issuance of a Certification of Funds No. 1280 certifying the existence of a sufficient appropriation to fund the said payment.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, does hereby authorize payment from the Open Space Trust Fund to the County of Middlesex for the Township's share of the development rights of Birardi Farm in the amount of $404,243.01.

Moved by Councilman Testino, seconded by Councilman Volkert and so ordered on the following vote:

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

NAYS: None

ABSENT: Councilman Maher

Prior to the roll call vote the following discussion took place:

Councilman Calogera: This is our own Open Space Trust Fund, how much is in this fund now prior to the Birardi farm?

Himanshu Shah: Approximately $2.2 million.

Councilman Calogera: So less the $400,000 for the Birardi property we now have approximately $1.8 million and how do we replenish this fund?

Himanshu Shah: There was a referendum for annual tax rate and that is the prime source of the replenishing the fund. Approximately $600.000 is put in this fund each year.

Mayor Phillips: There is one other source of income that Himanshu failed to realize and that is $1 million that was obtained in the Gerard settlement, whereby certain number of units were transferred in order to preserve property along Cottrell Road and the developer agreed to pay the $1 million into the Open Space Trust Fund. That money will not come until the final approval from the Planning Board is received.

RESOLUTION NO. 549

RESOLUTION AUTHORIZING INTER-LOCAL SERVICES AGREEMENT WITH 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:

WHEREAS, the Township of Old Bridge is authorized to enter into an Inter-Local Services Agreement with the Old Bridge Board of Education pursuant to N.J.S.A.40:8A-1 et seq.; and

WHEREAS, the Township of Old Bridge may enter into an Inter-Local Services Agreement with the Old Bridge Board of Education for the services of a “grant writer” and

WHEREAS, this Agreement is to effect joint savings for the Township of Old Bridge and the Old Bridge Board of Education in regard to this specialized service; and

WHEREAS, the Old Bridge Township Business Administrator shall act as the agent for the Township of Old Bridge in regard to the joint agreement with the Old Bridge Board of Education for the payment of a “grant writer” for said entities; and

WHEREAS, said joint agreement shall be signed by the Mayor and Township Clerk, after review as to form and sufficiency by the Township Attorney; and

WHEREAS, a copy of the signed Agreement shall be available for inspection in the Office of the Township Clerk;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby authorizes the execution of an Inter-Local Services Agreement with the Old Bridge Board of Education for a payment of a “grant writer” to provide services to both local units; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the Inter-Local Services Agreement after approval by the Township Attorney.

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

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

NAYS: None.

ABSENT: Councilman Maher

Prior to the roll call vote the following discussion took place:

Councilman Calogera: I know this is for a grant writer and we would be splitting it with the Board of Education. I am in favor of this, but I think we are moving a little fast and I would like to know what we are getting for our money and who this person will be as well as their credentials.

Councilman Gillespie: We talked about this and this is simply an authorization for the business administrator to go negotiate with the board and come back to us with a proposed agreement that would lay out all those details.

Councilman Calogera: Are we setting any guidelines as to what we are looking for in a grant writer?

Administrator Jacobs: The Board of Ed has already selected the candidate, her name is Keffner and she is a certified grant writer. Her salary is $45,000 + benefits, but I have not started working with the Board of Ed yet so I do not have all the information. We have not signed off on our share of this yet and that is what this authorization is for tonight.

Mayor Phillips: I don't know where the original suggestion for this started, but it seemed like a good idea. I asked the finance officer to put a $40,000 line item in this year's budget for this purpose with a hand-shake understanding with the Board of Education that they would go out and find the best candidate, which they have. I met her and Mike Jacobs has interviewed her and she seems like a perfectly qualified individual. The detail of how much of the budgeted $40,000 will be used for our share and what do we get for that has to worked out. We do not have any say in the matter as the Board has already hired her, our decision will be whether or not we want to participate in the agreement and share in her abilities.

Councilman Butler: Just to give you some background on this matter, we started this process back in 1992 and I have been purs