Township Clerk Rose-Marie Saracino announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be December 6, 2004 at 7:30 p.m.
Roll call at 8:04 p.m. by Township Clerk Rose-Marie Saracino, showed the following members present: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker. Councilman Maher was absent.
President Baker asked for a moment of silence to honor the men and women in the armed forces serving in the War on Terror.
President Baker asked for a moment of silence to remember the assassination of President John F. Kennedy on November 22, 1963.
APPROVAL OF MINUTES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
APPROVAL OF MINUTES
RESOLUTION #609-04
the following minutes are hereby approved:
09/13/04 Combined
09/20/04 Agenda
09/27/04 Regular
10/04/04 Combined
Moved by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Butler, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Calogera.
ABSENT: Councilman Maher.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #610-04
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 November 22, 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 November 22, 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 $4,760,945.12 (General Fund).
Moved by Councilman Butler, seconded by Councilman Greene 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 vote the following discussion took place.
Councilwoman Panos: I see that there is legal fees for the labor representation, is that for negotiations?
Mr. Jacobs: These are for an on-going situation that we kept the old labor counsel on for.
Councilwoman Panos: Is there a cap on this?
Mr. Jacobs: There will be a resolution on the agenda to increase this amount.
Councilwoman Panos: I would like a memo from you summarizing this case.
Mr. Jacobs: I will provide it to you.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #611-04
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 November 22, 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 November 22, 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 $760,830.07(Payroll).
Moved by Councilman Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT: Councilman Maher.
Bill List
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #612-04
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 November 22, 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 November 22, 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 $46,634.99 (Overtime).
Moved by Councilman Butler, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: Councilman Testino.
ABSENT: Councilman Maher.
Prior to the vote the following discussion took place.
Councilwoman Panos: I would like a list of department heads and titles that are exempt from getting overtime.
Mr. Jacobs: I will get that for you.
Councilman Testino: How are we doing with the projection for the overtime in the police department?
Mr. Shah: There is a summary report for the overtime at the back of the bill list. The police department is within the range (close to 50%) of the proposed budget. We will be requesting from council to increase the budgeted overtime slightly. This will still be below the prior years.
Councilman Testino: Aren't we on track to spend $880,000.00?
Mr. Shah: No. In the proposed budget, that you introduced, we budgeted $700,000.00 in overtime. We will probably request that you make it $750,000.00.
Councilman Testino: That last couple of years, except for the comp time payout, we were at $880,000.00.
Mr. Shah: We were over a million one dollars with the comp time payout.
Councilman Testino: I would vote yes on this if we were on track for the estimate but I am going to vote no until we get the budget adopted.
Councilman Calogera: We are still in the same range of overtime that we have been in for the last three years, correct?
Mr. Shah: We are below that last three year's, with this year's budget and what we estimate we are going to finish the year with.
Mayor Phillips: It is my understanding that we will be slightly higher than what I proposed in the budget, but even if we are, we will be under what we were for the last three years. If you want to know the reasons, look no further than some of the events that this township has experienced in the first six months. Some have been extraordinary. I compliment the chief and think he is doing a good job controlling the overtime. We are in the process of negotiations now.
Councilman Calogera: Wasn't there comp time payout in the overtime in the year before last?
Mr. Shah: Yes, when we were at $1,200,000.00.
Councilman Calogera: I am concerned and was hoping that the overtime would go down. I would request that we inform the public on the increased amount in police overtime.
Mayor Phillips: We were put on “alert orange” there was the increased activities at the schools and the threats and inspections of the school. I think that the overtime is in-line with the challenges that were placed before the township.
Mr. Jacobs: There was also a 3.9% increase in the salaries which you have to take into account. That amounted to about $30,000.00.
Councilman Calogera: I have heard that the Board of Education is working on a security plan and I would like to know when it will be completed. Will this affect the cost to our police department?
Mayor Phillips: We have not seen the plan and I don't think that the chief has either and therefore we cannot comment on something that we haven't seen.
Councilman Calogera: I think that we need to be a part of it unless the Board of Education is planning on going with a private company. I think we need to find out what is going on.
Mayor Phillips: I have heard of number of rumors that I will not elaborate on. When the Board of Education comes up with a plan, you can bet that the chief will have a say in it. I cannot comment on the financial aspect because we have not seen it.
Councilman Calogera: I am of the firm belief that we need a security plan in the schools and would request that you make a phone call and see where they are in that process.
Councilman Greene: As you know I have voted no on the overtime and that was because I had concerns about the staffing. I believe that the chief has addressed the concerns that I had. I feel that for the most part, the overtime results from contractual agreements. I think until these agreements are worked out, we will have these overtime issues. I would point out that on the report that Mr. Shah referred to the police salary & wages is at 81% - I think this should be at 50%.
Mr. Shah: That is because we are operating on a temporary budget, when you finally adopt the budget, you will see that it is at 50%.
Councilman Butler: We have contractual agreements that affect the overtime and I think that when you vote no on this, you have to realize this.
Councilman Gillespie: The issue is the contract and the schedule and until we are able to negotiate a better alternative we are going to continue to bear significant costs for overtime.
CERTIFICATE OF RECOGNITION
Marathon Runner – Amy Fishman
President Baker: We are presenting this to Ms. Fishman tonight and are reaching out to all other residents to let the Township Clerk's office know if they too completed the NYC Marathon because we would like to recognize them also.
Mayor Phillips and Councilwoman Panos presented a Certificate of Recognition to Ms. Amy Fishman for completing the New York City Marathon.
Mayor Phillips: I know that you were inspired by a gentleman in a wheelchair at the Marathon in a prior year and I believe that others watching tonight will find you as an inspiration.
Ms. Fishman: Thank you. When I saw the gentleman in the wheelchair, I thought surely he must have suffered from depression. I suffered from Post Partum Depression and running became my outlet. I also raised funds for the Sayrebrook Pet Adoption Agency. If anyone would like to adopt an animal, they are in desperate need. Thank you very much for this.
President Baker: The mayor handed me a list of other folks who ran the marathon and I would like to invite them to the next council meeting that they are available and recognize them. They are: Charles and Sharon MacIntyre; Adam Fascio; Robert Duffy, Jose Obeleta; Dennis and Carmen Appelt and Suanne Ng.
Public Comments
Blanche Hoffman; Environmental Commission: I would request that the council give me a letter of commitment tonight. There is a $2,500.00 grant with the DEP matching grant. I spoke to the mayor and he has assured me that the money is in the budget. This grant has to be filed by December 15, 2004. The grant will be used to encourage non-vehicle travel throughout the town, mainly by way of trails, sidewalks and bike paths. The money would be used for a feasibility study to help the Environmental Commission achieve this goal.
Seeing no hands President Baker closed the public portion.
Councilman Testino: I am a supporter of this and am thankful to Ms. Hoffman for her work on this. I would recommend that we move this tonight.
Councilwoman Panos: You are a volunteer in town and you reach out and get grants, thank you. Will you work with Mr. Badcock on this?
Mayor Phillips: It is our intention to give you the budget for final adoption on December 6th and I assure that the $2,500.00 will be there for this program. If you pass the budget that night, you can then pass a resolution of support, that is six days before the deadline.
President Baker: This will be an action item on December 6th.
Councilwoman Panos: The Ethics Board has $6,000.00 in its budget and it has never been used. Can we move it over?
President Baker: Let's not complicate this grant with the Ethics Board.
Councilwoman Panos: Can we move the money?
President Baker: We are all in agreement that we want to move forward on this grant. The budget will be before us on the 6th and we can discuss that then.
Ordinance for First Reading
TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 41-04
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE
AUTHORIZING THE PURCHASE OF PROPERTY IN THE TOWNSHIP OF OLD BRIDGE KNOWN AS BLOCK 18094, LOTS 52-83
WHEREAS, the Township of Old Bridge wishes to acquire the property known as Block 18094, Lots 52-83 on Englishtown Road as open space to be annexed to Veterans Park; and
WHEREAS, pursuant to N.J.S.A. 40A:12-3, the Township of Old Bridge shall acquire property by ordinance; and
WHEREAS, the cost of acquisition for said property shall be $350,000.00 and shall be provided by the Open Space Trust Fund of the Township of Old Bridge; and
WHEREAS, the Township of Old Bridge finds that the acquisition of this property will enhance Veterans Park and further buffer it from Englishtown Road.
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Old Bridge as follows:
The Mayor and Township Clerk are hereby authorized to execute any and all documents to purchase the property known as Block 18094, Lots 52-83 in the Township of Old Bridge, subject to written professional confirmation that said property is free of any environmental restraints or contamination which would limit the full use and enjoyment of said property; and further subject to the condition that seller be able to deliver at closing of title a Bargain and Sale Deed with covenant against Grantor's Acts, and good and marketable title which may be insured at regular rates by a reputable title company licensed to do business in the State of New Jersey; and
BE IT FURTHER ORDAINED that the Finance Director is hereby authorized to release the sum of $350,000 from the Open Space Trust Fund for the purchase of Block 18094, Lots 52-83 upon closing of title in accordance herewith.
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.
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.
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 Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSENT PODIUM: Councilman Testino.
ABSENT: Councilman Maher
President Baker opened the public portion.
Mrs. Miller: I am in support of this Ordinance.
Seeing no hands President Baker closed the public portion.
President Baker: This ordinance is Old Bridge's efforts to stop four homes from being built near the entrance of Veteran's Park.
Councilman Calogera: I am reluctantly going to vote for this because I believe that it is needed to prevent these houses from being built. I think this is a safety issue. I have a hard time expending this amount of money. Had this not been at Veteran's Park and the sharing of the roadway and the safety issue, I would not expend this amount of money.
Councilman Greene: I hope the residents don't compare the amount of money to the amount of property. It goes beyond that, this is about four houses being built adjacent to the park and would upset the aesthetics of the park as well as the roadway. If the amount comes to $350,000.00, if you amortize that over the lifetime of the actual purchase, which could be 20 years, it really is only $15,000.00. I think this is very well spent.
President Baker: I have three words; location, location, location. You pay more for location and this is something the town must buy.
Councilman Gillespie: I think it should be noted that this is less than an acre and at $350,000.00 it is a pretty steep price. There is a prior approval from the Zoning Board, which in itself is perplexing that they would approve four homes at the entrance to one of our parks. Apparently this land was offered to the township at a much lower price some years ago, under the prior administration. I do not see how we cannot buy this land. I think it speaks well of this council to make this commitment.
Councilwoman Panos: I would like to thank the owner for again offering this property; he could have pushed us more and more. He could have built these houses and made a nice profit. I would love to have heard Mr. Testino's comments, it seems that every time this is discussed he is never on the dais.
Consent Agenda
President Baker opened the public portion on the Consent Agenda. Seeing no hands President Baker closed the public portion.
BINGO/RAFFLE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #613-04
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 Clerk is hereby authorized and directed to issue to the applicants, the following licenses:
RA94-04A Congregation Beth Ohr
RA05-05 St. Thomas Home School
RA06-05 St. Thomas Home School
RA07-05 St. Thomas Home School
RA08-05 St. Bernadette's
RA09-05 St. Bernadette's
Moved by Councilman Calogera, seconded by Councilwoman Panos 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.
MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR HIGHVIEW ESTATES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #614-04
WHEREAS, Highview Estates, located at Route 34 near its intersection with Disbrow Road in Ward 2, is now seeking a release of the Performance Guarantee for Sections 1, 2, & 3:
Section 1: (Original Performance Guarantee was reduced by approximately 64% from $1,019,709.90 to $367,548.38)
Detention Basin Only
Not Reduced before
Performance Bond $327,554.54 $95,959.08
Cash Deposit $36,394.84 10,622.12
Total $367,548.38 $106,621.20
Section 2: (Original Performance Guarantee was reduced by 57% from $1,062,903.06 to $457,084.31)
Performance Bond $411,343.48
Cash Deposit $45,704.83
Total $457,048.31
Section 3: (Original Performance Guarantee was reduced by 62% from $887,060.52 to $337,083.00
Performance Bond $303,374.70
Cash Deposit $33,708.30
Total $337,083.00
WHEREAS, a bond hearing was held on October 25, 2004 at which time the Township Engineering Department and the Township Council were heard; and
WHEREAS, the developer has completed the punch list items and addressed the homeowners' complaints to the satisfaction of 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 Performance Guarantee be released subject to the following conditions:
1. The developer posting a Maintenance Bond, covering a period of two years, in the amount of $461,444.20 (15% of $3,076,294.68 – the original performance guarantee).
BE IT FURTHER RESOLVED, that the required condition must be met within forty-five (45) days from the date of memorialization of this Resolution for release of the Performance Guarantee
Moved by Councilman Calogera, seconded by Councilwoman Panos 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.
AUTHORIZING CONTRACT WITH ARBE LANDSCAPING, INC. NUNC PRO TUNC RE: EMERGENCY REPAIRS NECESSARY AFTER RAINFALL EVENT ON AUGUST 11, 2004
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #615-04
WHEREAS, the Township of Old Bridge required the services of a contracting firm with regard to the emergency situation created by the rainfall event of August 11, 2004; and
WHEREAS, Arbe Landscaping, Inc., a licensed New Jersey contracting corporation, is recognized as capable and available to undertake such work; and
WHEREAS, the Township Council wishes to authorize a contract with Arbe Landscaping, Inc. in the amount of $8,875.00 for the emergency repairs from storm damage on August 11, 2004 on Englishtown Road.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, as follows:
1. The contract for emergency repairs from storm damage on August 11, 2004 on Englishtown Road is authorized to Arbe Landscaping, Inc. in the amount of $8,875.00 nunc pro tunc.
2. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.
3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1289 certifying the existence of a sufficient appropriation to fund the said contract.
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 and 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 Councilwoman Panos 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 DESIGNATING DEPOSITORIES
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #616-04
The following bank is hereby designated as a legal depository for the Township of Old Bridge for a term ending December 31, 2004:
North Fork Bank as Successor to Trust Company.
Moved by Councilman Calogera, seconded by Councilwoman Panos 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 APPROVING THE TOWNSHIP COUNCIL MEETING SCHEDULE
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #617-04
WHEREAS, the Township of Old Bridge needs to approve a Township Council Meeting schedule for the calendar year 2005; and
WHEREAS, the Township Clerk has drawn up a schedule of meetings for the Old Bridge Township Council for the year 2005.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the following schedule of meetings for the Township Council is hereby approved
AGENDA MTYS
7:30 P.M.
REGULAR MTYS
7:30 P.M.
COMBINED MEETINGS
7:30 P.M.
January 3 Reorganization and agenda meeting January 10
January 24
February 7
February 28
March 7
March 14
March 21
March 28
April 4
April 11
May 2
May 9
May 16
May 23
June 13
June 20
June 27
July 11
August 1
August 22
September 12
September 19
September 26
October 17
October 24
October 31
November 14
November 21
December 5
December 12
Moved by Councilman Calogera, seconded by Councilwoman Panos 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 AUTHORIZING THE REJECTION OF ALL BIDS WITH REGARD TO CONTRACT #2004-28 FOR THE PURCHASE OF ROAD SALT FOR 2004-2005
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #618-04
WHEREAS, the Township of Old Bridge solicited bids in connection with Contract #2004-28 for the purchase of road salt for 2004-2005; and
WHEREAS, all bids substantially exceeded the cost estimate of the Township; and
WHEREAS, the Township of Old Bridge solicited bids for a second time in connection with Contract #2004-28 for the purchase of road salt for 2004-2005; and
WHEREAS, all bids substantially exceeded the cost estimate of the Township; and
WHEREAS, the Township Council wishes to reject all bids in regard to Contract #2004-28 because of cost (NJSA 40A:11-5).
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the bids received with respect to the purchase of road salt for 2004-2005 are hereby rejected.
BE IT FURTHER RESOLVED that the Purchasing Manager is hereby authorized to enter into negotiations for the purchase of road salt for 2004-2005.
Moved by Councilman Calogera, seconded by Councilwoman Panos 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 AWARDING CONTRACT #2004-29 FOR THE PURCHASE OF EQUIPMENT FOR PUBLIC WORKS TRUCK
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #619-04
WHEREAS, the Township of Old Bridge advertised and received bids for Contract #2004-29 for the purchase of equipment for public works truck; and
WHEREAS, one bid was received and opened on November 10, 2004; and
WHEREAS, the Township Council wishes to award the contract for the purchase of the equipment for the public works truck; and
WHEREAS, our Director of Public Works has recommended that a contract be awarded to Seely Equipment & Supply Co., 1325 Highway 34, Farmingdale, NJ 07727 as they submitted the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, as follows:
1. Seely Equipment & Supply Co. is hereby awarded a contract in the amount of $21,360.00 for the purchase of equipment for the public works truck.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1292 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and Clerk are hereby authorized to execute any 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 and 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 Councilwoman Panos 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 IN SUPPORT OF NJDOT PROJECT ENTITLED “ROUTE 34/AMBOY ROAD INTERSECTION REALIGNMENT AND IMPROVEMENTS'
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #620-04
WHEREAS, The New Jersey Department of Transportation (NJDOT) has concluded that the intersection of Route 34 and Amboy Road is in need of realignment and improvements; and
WHEREAS, these improvements are proposed for the intersection NJ State Highway Route 34 and Amboy Road in the Township of Old Bridge, Middlesex County; and
WHEREAS, an Officials Briefing Meeting was held on July 19, 2004 with representatives of the NJDOT and members of the Township of Old Bridge Administration and professional staff; and
WHEREAS, it has been determined that the Township's preferred alternative plan is outlined in Concept Plan 3 as presented at the July 19, 2004 Officials Briefing Meeting; and
WHEREAS, the Township Council is of the opinion that the public interest would best be served by the implementation of these improvements.
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby support the proposed improvements outlined in Concept 3 prepared by the New Jersey State Department of Transportation for the project known as “Route 34/Amboy Road Intersection Realignment and Improvements”.
BE IT FURTHER RESOLVED that a true copy of this Resolution be forwarded to the NJDOT for their action and implementation.
Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:
AYES: Councilmen Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Gillespie.
ABSENT: Councilman Maher.
Prior to the vote the following discussion took place.
President Baker: This is an intersection that an awful lot of people have been working on to get a traffic light there. This is with the administration, council and engineering department efforts. This project will get started in 2007.
AUTHORIZING CONTRACT WITH HOUSING AND COMMUNITY DEVELOPMENT SERVICES. INC. FOR PROFESSIONAL SERVICES IN ADMINISTERING THE CDBG PROGRAM
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
RESOLUTION #621-04
WHEREAS, the Township of Old Bridge required the professional services of a consulting firm with regard to administering the CDBG Program pending the hiring of a CDBG Assistant Administrator
WHEREAS, Housing & Community Development Services, Inc. is a licensed New Jersey consulting firm which is recognized as capable and available to undertake such work; and
WHEREAS, the awarding of this contract is contingent upon the approval of a $7,000.00 grant from the Division of Housing and Urban Development; and
WHEREAS, the awarding of this contract is contingent on the Township of Old Bridge meeting the Federal guideline on granting professional service contracts.
WHEREAS, the Township Council wishes to authorize a contract with Housing & Community Development Services, Inc. for purposes of providing consulting services to the CDBG Program pending the hiring of a CDBG Assistant Administrator.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, as follows::
1. A contract for professional services is authorized to be entered into with Housing & Community Development Services, Inc., located at 4 Sloan Street, South Orange, NJ in an amount not to exceed $15,000.00
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No.1293 in the amount of $8,000.00 certifying the existence of a sufficient appropriation to fund the said contract. The remaining amount is contingent upon the approval of a $7,000.00 grant from the Division of Housing and Urban Development
3. The Mayor and Clerk are hereby authorized to execute any 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 and AA201 or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until the above requirements are executed.
Prior to the vote the following discussion took place.
Councilman Calogera: This project involves HUD money and I am not sure that the Federal guidelines have been followed. Are we sure that we do not have to supply quotes? The Federal regulation; CFR part 8536, states that we must solicit for professional services, do we not have to adhere to this? I won't vote on this unless I know that we are complying with the law.
Mayor Phillips: I have just consulted with Himanshu and he does not believe that we are doing anything illegally. We have a situation in this program where two employees have taken ill at the same time and there are residents who are in need of new roofs and heating systems and because we don't have the qualified people on staff to process the paperwork we are at a disadvantage. This firm was recommended by Mayor Kennedy O'Brien of Sayreville, they use this firm. As far as the solicitation part I cannot say with 100% certainty, but I can say with 100% certainty that our motives are pure. If the council approves this tonight I will instruct Mr. Shah and Mr. Convery to look at this tomorrow and if there is even the slightest hint of impropriety, we will not act on it. I would ask that you move forward on this tonight, because winter is coming.
Councilman Calogera: I agree with the Mayor as far as wanting to get this done, but I want to make sure that we are doing this within the Federal Guidelines regarding solicitation of bids.
President Baker: I heard the Mayor saying that he will do due diligence to make sure that this is not against Federal law.
Councilman Testino: I know that this type of professional services can be procured, but we should have a couple of quotes in the file. I would recommend that the administration secure the appropriate quotes and that we approve this subject to the procurement being filed and legal signing off on this, so that we are not waiting until December 6th to move ahead. Since this is only for $15,000.00 we can comply with the regulations by securing quotes in the file. We don't have to award this to the individual tonight but we can let the administrator award it subject to getting the quotes.
Attorney Convery: This question wasn't raised before this point, if it was I would have tried to research it for you. The resolution indicates that the “Township Attorney shall review any and all contractual documents prepared in furtherance of this award”. I would represent to you that I would not ask the Mayor or Township Clerk to sign any contract if it is in violation of any federal regulations. If the council feels that time is of the essence, I would suggest that you go forward with the understanding that I will review the contractual documents to make sure that they are in compliance.
Councilman Calogera: I have no problem with that. I would be willing to move forward with this contingent upon Mr. Jacobs securing two more bids and submitting them in writing to council.
Councilman Testino: This is not a bid, it is a professional service contract, so the quotes should be obtained, but we also have to evaluate the credentials and the ability to deliver the service in time. I think that the administration should be empowered to deliver this contract.
Councilman Gillespie: Because this is a professional service contract we are not bound by the lowest bidder.
Councilwoman Panos: Are we not bound to the lowest bidder? Can we leave the vendor's name blank?
Attorney Convery: I would leave it the way it is, because it does have the information that says it is subject to formal execution of a contract approved by the Director of Law. I am representing to you that if this is in violation of the federal regulations I will indicate that to the Mayor and Clerk have not have them sign it.
Mr. Shah: We will also confirm this with HUD before we move forward.
Public Comments
President Baker opened the public portion. Seeing no hands President Baker closed the public portion.
Unfinished Business
Mayor Phillips: At the last meeting there were concerns raised regarding the Township Ethic's Board. Our ordinance calls for six people, three whom must be members of the clergy, no more than three shall be members of the same political party. I have a list of six individuals who make up the current board, two I know are no longer in town, so we only have four members. I think that it will be very difficult to meet the requirement of three people of the clergy and no more than three of the same party. I have asked that President Baker and Councilman Greene be a subcommittee, they will have to ask difficult questions regarding clergy and political affiliations. This will require specific advertisement. Both Rich and Bill have advised me that they are up to the task. I would hope that we can make these appointments in January 2005.
Councilman Calogera: I would like to be involved in that process.
Mayor Phillips: You will have to check with them.
Councilman Greene: I would welcome any council member's comments.
Councilman Testino: Before we do the appointments, we should have a legal opinion as to if this is still a valid board. There were challenges to the construction of the board at one time.
Attorney Convery: I have written to the Local Finance Board and have not gotten a reply yet. I am told that we should have the answer shortly.
Councilwoman Panos: Mr. Convery and I attended an ethic's course in Atlantic City. I will be bringing up getting involved with the State Ethics Board.
Attorney Convery: If the township does not have a valid ordinance and board then the issues go the local finance board. So there is always an alternative. As soon as I receive the answer to my letter I will have the clerk distribute copies.
Council Comments.
President Baker: Wishes all a Happy Thanksgiving.
Councilwoman Panos: Wishes all a Happy Thanksgiving. There were articles in the paper naming towns in New Jersey that received grants from the State for a dog park and municipal building improvements. How come Old Bridge didn't receive any?
President Baker: We now have a full time grant writer and we can inquire what grants she is applying for.
Mr. Jacobs: If you are speaking of Community Development Block Grants, we do our own program and would not be on the list.
Mayor Phillips: I saw the article and Mayor Waller of Piscataway indicated that they did so well because of the intervention of their legislators. I have spoken to Assemblyman Thompson and we will be getting together to see what the proper steps are.
Councilman Testino: I attended the Powder Puff football game this evening and urge attendance at the Thanksgiving game. Wishes all a Happy Thanksgiving
Councilman Calogera: I would like to express my disappointment with the amount of the discretionary aid supplied by the State. I would like to indicate this to the state. Wishes all a Happy Thanksgiving
Councilman Butler: Wishes all a Happy Thanksgiving
Councilman Greene: Wishes all a Happy Thanksgiving and success to Old Bridge High School on the game against East Brunswick.
Councilman Volkert: Wishes all a Happy Thanksgiving
MOTION
to adjourn at 9:10 p.m. by Councilman Testino, seconded by Councilman Butler and so ordered on an all aye vote.