Combined Meeting

Combined Meeting of the Township Council of the Township of Old Bridge

October 20, 2014 _____

A Combined Meeting of the Township Council of the Township of Old Bridge was held on Monday, October 20, 2014 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Walker, who invited all to participate in a Salute to the Flag which was followed by a short prayer.

Moment of Silence.

President Walker requested a moment of silence in honor of those presently serving in the Armed Forces.

Stella Ward, Township Clerk, announced that pursuant to Section 5 of the Open Public Meetings Act this meeting has been advertised in the Home News Tribune and that the next public meeting would be held on November 17, 2014 at 7:30 p.m. in the municipal complex.

Roll call by Clerk Ward showed the following answering present: Council members Anderson, Butler, Cahill, Mollis, Panos, Rosencranz, Sohor and President Walker. Councilman Greene was absent.

RESOLUTION NO. 364-14 APPROVING MINUTES

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

the following minutes are hereby approved:

September 15, 2014 - Regular/Executive October 6, 2014 - Regular

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

AYES: Council members Anderson, Butler, Cahill, Mollis, Panos, Rosencranz, Sohor, President Walker.

NAYS: None.

ABSENT: Councilman Greene.

Bill List.

RESOLUTION NO. 365-14 BILL LIST

WHEREAS, the Business Administrator has the responsibility of approving all vouchers subject to preaudit and control; and Combined Meeting –October 20, 2014 Page No. 2

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of October 20, 2014 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 20, 2014 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 $1,287,078.16 (Accounts Payable).

Moved by Councilwoman Sohor, seconded by Councilman Cahill and so ordered on the following roll call vote:

NAYS: None.

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 20, 2014 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 $815,257.55 (Payroll).

NAYS: None.

ABSENT: Councilman Greene. Combined Meeting –October 20, 2014 Page No. 3

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 20, 2014 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 $49,727.95 (Overtime).

NAYS: None.

ABSENT: Councilman Greene

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

Mr. Marion stated that of the total amount of overtime, there was an increase in overtime in the UCC Subcode as discussed in September in the amount of approximately $7,689.39. With respect to the Police Department, this payroll represents 480 man/woman hours for a total overtime amount of $30,671.48. The amount of overtime for non-sworn police officers is $28,008.34. Subtracting grants in the amount of $901.25 and deducting ETO in the amount of $1,828.80, the total police overtime for this pay period is $25,278.29 which included manpower for Old Bridge Day ($3,597.99). There was also a motorcycle event which resulted in approximately $1500 in overtime costs.

Councilwoman Panos questioned the overtime in the Code Department.

Mr. Marion responded that this overtime was incurred in connection with plan reviews on weekends as well as inspections in early morning and late evening to catch up on the backlog.

Liquor License.

Mr. Hall (appearing as attorney for the American Dining Group) stated that the individual who will hold this license also holds over fifty licenses in the State of New Jersey.

In response to President Walker’s question, Clerk Ward stated that other than maintaining the exterior of the building, there are no conditions. Combined Meeting –October 20, 2014 Page No. 4 Councilman Cahill stated that he was happy to know that the building was going to be occupied and inquired what type of establishment is planned.

Mr. Castelano stated that although he had a few ideas, the actual concept had not yet been decided on. The target opening is planned for mid-January.

President Walker opened a public portion. Seeing no hands President Walker closed the public portion.

RESOLUTION NO. 368-14 PERSON TO PERSON PLACE TO PLACE LIQUOR LICENSE TRANSFER LIQUOR LICENSE # 1209-33-005-015 THE NEW OLD NEW YORK TO THE AMERICAN DINING GROUP, LLC

WHEREAS, application has been filed for a person to person and place to place transfer of plenary retail consumption license # 1209-33-005-015 hereto issued to The New Old New York for premises located at 2658 Route 516, Old Bridge, New Jersey 08857 Inactive License being transferred to The American Dining Group, Inc., premises 2658 Route 516, Old Bridge, New Jersey 08857; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations, promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid and the license has been properly renewed for the current license term;

NOW, THEREFORE, BE IT RESLOVED that the Township Council of the Township of Old Bridge does hereby approve the person-to-person and place-to-place transfer of the aforesaid plenary retail consumption license from its former location on an Inactive Pocket to 2658 Route 516 effective October 20, 2014 and does hereby direct the Township Clerk to endorse the license certificate as follows: “This license, subject to all of its terms and conditions is hereby transferred to The American Dining Group, Inc., for premises located at 2658 Route 516, Old Bridge, New Jersey 08857, effective October 20, 2014”.

Moved by Councilman Cahill, seconded by Councilman Anderson and so ordered on the following roll call vote:

NAYS: None.

ABSENT: Councilman Greene. Combined Meeting –October 20, 2014 Page No. 5 Ordinance for Second Reading.

ORDINANCE NO. 2014-18 AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE, NEW JERSEY CHAPTER 1 ARTICLE II SECTION 3 OF THE TOWNSHIP CODE ENTITLED "ANTI NEPOTISM"

WHEREAS, the Mayor and Council find and declare the vitality and stability of local government depends on the public's confidence in the integrity of its elected officials and public employees.

WHEREAS, Nepotism has tainted New Jersey's citizens and particularly Old Bridge Township residents' views on the State Government and their own local Government of Old Bridge Township.

WHEREAS, the loss of trust has been created over a long period of time and the Mayor and Council strongly believe that in order to restore the trust in the local government, it is imperative that decisive action be taken to ensure that elected officials and public employees in local government are held to the highest standards of ethical conduct.

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

SECTION I. PURPOSE

Anti-Nepotism

There is a need for comprehensive anti-nepotism ordinance which would cover elected officials and public employees in Old Bridge Township. There is no current ordinance that applies to any job(s) and or relatives, and, therefore, in order to address the problem of nepotism and restoring the public's trust in Old Bridge Township government. The ordinance will be known as Anti Nepotism Chapter 1 Article II section 3.of the Township code.

SECTION II. ORDINANCE

NOW THEREFORE BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Chapter 1 Article II section 3 be added to the code and read as follows;

DEFINITIONS:

"Contract management authority" means personal involvement in or direct supervisory responsibility for the formulation or execution of a contract with the Township in any capacity, including without limitation the preparation of specifications, evaluation of bids or proposals, negotiation of contract terms, or supervision of performance.

"Local government agency" means any agency, board, governing body including the chief executive officer, bureau, division, office, commission or other instrumentality within the municipality and any independent local authority, including any entity created by more than one municipality, which performs functions other than a purely advisory nature, but shall not include a school board.

“Local government officer or employee" means a local government officer or a local government employee;

"Relative" of an individual means the individual's spouse, domestic partner as defined in section 3 of P.L.2003, c.46 (C.26:8A-3), or partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), or the individual's or spouse's or Combined Meeting –October 20, 2014 Page No. 6 partner's parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, first cousin, stepparent, stepchild, stepbrother, stepsister, half-brother or half-sister, whether the relative is related to the individual or the individual's spouse or partner by blood, marriage or adoption.

SECTION Ill. EMPLOYMENT PROHIBITIONS

(1) having a relative employed or sponsoring the employment of a relative in the governmental agency in which the officer or employee serves; (2) having employed or sponsoring the employment of anyone other than a relative in exchange for (a) the employment or sponsorship for employment in a public position of a relative by another public officer or employee, or (b) the provision of assistance to a relative in obtaining employment or contracts with a person performing a public contract; (3) exercising contract management authority over any public contract with a person who is, or employs or has a contract with, a relative of the officer or employee; or (4) using or permitting the use of the officer or employee's exercise of contract management authority over a public contract, when not barred outright under (2) to; (a) assist a relative in obtaining employment or contracts with a person performing that public contract, or; (b) assist anyone other than a relative in obtaining employment or contracts with a person performing the public contract in exchange for; (i) the employment or sponsorship for employment of a relative by another such public officer or employee, or (ii) the provision of assistance by another such public officer or employee in obtaining employment or contracts with any public contractor. (5) Notwithstanding the provisions of any other law to the contrary, there shall not be employed, or nominated, proposed or recommended for employment, in any Township agency in which a member of the Council, Township officer or employee, or special Township officer or employee serves or over which the member, officer or employee exercises authority, supervision, or control: (a) any relative of the member, officer or employee; or (b) any person other than a relative of the member, officer or employee if the employment, or the nomination, proposal or recommendation for employment, of that person is in exchange for or in consideration of: 1) the employment, or the nomination, proposal or recommendation for employment, in the same or any other Old Bridge Township agency, of any relative of the member, officer or employee by any other such member, officer or employee, by a local government officer or employee; or (2) the provision of assistance to a relative of the member, officer or employee in securing employment or contracts with a person engaged in the performance of a contract for the provision of goods or services to the same or any other Old Bridge Township agency, or to an Old Bridge Township government authority or to any Old Bridge Township commission. (6) Notwithstanding the provisions of any other law to the contrary: (a) If a person engaged in the performance of a public contract for the provision of goods or services to any Township agency, authority or commission is, or employs or has a contract with, a relative of a member of the Council, Township officer or employee, or special Township officer or employee, the member, officer or employee shall not exercise contract management authority over that public contract. (b) If a member of the Council, Township officer or employee, or special Township officer or employee exercises contract management authority over a public contract for the provision of goods or services to a Township agency, authority, commission, the member, officer or employee shall not use or permit the use of that authority to: (1) assist a relative of the member, officer or employee in securing employment or contracts with a person engaged in the performance of that contract. (7) The employment of or contracting with a relative of a council member, township officer or employee, or special officer or employee of the Township of Old Bridge, by such a person within six months prior to the commencement of, during the term of, or within six months after the completion or termination of, a public contract that the person Combined Meeting –October 20, 2014 Page No. 7 is to perform, is performing, or shall have performed shall be evidence that any contract management authority exercised by the member, officer, or employee was exercised in violation of paragraph (6) of this subsection or that the relative's employment or contract with the person was obtained in violation of paragraph (b) or (bl) of this subsection, as appropriate.

SECTION IV. Exceptions

The prohibited employment or professional or business service practices set forth in section Ill herein shall not apply in the following circumstances:

1. Nothing contained herein shall restrict or prohibit the continued employment of individuals to a position or positions within the borough where a relative of an employee is elected to the governing body after the date of the employee's start of employment with the Township of Old Bridge .

2. Nothing contained herein shall affect the employment of any present Township employees and/or any existing contractual obligations with employees by the Township.

3. Nothing contained herein shall restrict or prohibit the hiring of a seasonal part- time employee who is a relative of a department head, elected officials or other employee of the Township.

4. This paragraph shall not apply to the relative of any member of any local government agency, board, commission and committee where that member is employed as a volunteer.

SECTION V. INCONSISTENT ORDINANCES

All other ordinances or parts of ordinances inconsistent or in conflict with this ordinance are hereby repealed to the extent of any inconsistency or conflict.

SECTION VI. PARTIAL INVALIDITY

If any section, paragraph, subsection, clause or provision of this ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provisions so adjudicated, and the remainder shall remain valid and effective.

SECTION VII: EFFECTIVE DATE

A. 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 Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41applicable 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 twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the council vote in favor of such resolution.

Moved by Councilman Anderson, seconded by Councilman Cahill and so ordered on the following roll call vote: Combined Meeting –October 20, 2014 Page No. 8 AYES: Council members Anderson, Cahill, Mollis, Panos, Rosencranz, Sohor, President Walker.

NAYS: Councilman Butler.

Ordinance for Second Reading.

President Walker opened a public portion. Seeing no hands President Walker closed the public portion.

ORDINANCE NO. 2014-17 REFUNDING BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL EQUIPMENT AND IMPROVEMENTS FOR THE ENERGY SAVINGS IMPROVEMENT PROGRAM OF THE TOWNSHIP OF OLD BRIDGE, NEW JERSEY, APPROPRIATING $4,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,000,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF.

BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1. The Township of Old Bridge, New Jersey (the “Township”) is hereby authorized to pay an aggregate amount not exceeding $4,000,000 for various capital equipment and improvements for its energy savings improvement program (the “Improvements”), and copies of which are on file in the office of the Township Clerk of the Township.

Section 2. An aggregate amount not exceeding $50,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-51(b) has been included in the aggregate principal amount of refunding bonds authorized herein.

Section 3. In order to finance the cost of the project described in Section 1 hereof, negotiable refunding bonds are hereby authorized to be issued in the principal amount not exceeding $4,000,000 pursuant to the Local Bond Law (N.J.S.A. 40A:2-1 et. seq ) and the Energy Savings Improvement Program Law (N.J.S.A. 40A:11-4.6).

Section 4. In anticipation of the issuance of the refunding bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. All refunding bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer, provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations.

All notes issued hereunder may be renewed from time to time, but all such notes including renewals shall mature and be paid no later than the tenth anniversary of the date of the original notes; provided, however, that no notes shall be renewed beyond the first or any succeeding anniversary date of the original notes unless an amount of such notes, at least equal to the first legally payable installment of the bonds in anticipation of which the notes are issued, determined in accordance with the maturity schedule for the bonds approved by the Local Finance Board, is paid and retired on or before such anniversary date; and provided, further, that the period during which the bond anticipation notes and any renewals thereof and any permanent bonds ore outstanding, shall not exceed the period set for the maturity of the bonds by the Local Finance Board.

The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the Combined Meeting –October 20, 2014 Page No. 9 date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5. A Supplemental Debt Statement is not required to be filed, in accordance with Local Finance Board Notice 2009-11, as supplemented by Local Finance Board Notice 2011-17 since the debt authorized is an energy savings obligation and the savings generated from reduced energy use from the Improvements will be sufficient to cover the cost of the energy conservation measures as set forth in the Township’s energy savings plan.

Section 6. The average period of usefulness of the Improvements, excluding the cogeneration plant, within the limitations of the Local Bond Law and Energy Savings Improvement Program Law, taking into consideration the respective amounts of all obligations authorized for the several purposes, according to the reasonable life thereof, computed from the date of the refunding bonds authorized by this bond ordinance, is 15 years. The average period of usefulness of the cogeneration plant, within the limitations of the Local Bond Law and Energy Savings Improvement Program Law, taking into consideration the respective amounts of all obligations authorized for the several purposes, according to the reasonable life thereof, computed from the date of the refunding bonds authorized by this bond ordinance, is 20 years

Section 7. A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption, together with a complete statement in the form prescribed by the Director of the Division of Local Government Services and signed by the Chief Financial Officer of the Township as to the indebtedness to be financed by the issuance of the refunding bonds authorized herein.

Section 8. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount.

Section 9. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this ordinance as finally adopted.

Moved by Councilman Cahill, seconded by Councilwoman Sohor and so ordered on the following roll call vote:

NAYS: None.

Mr. Marion stated that the bond ordinance about to be adopted relates to various capital improvements associated with the Energy Savings Improvement Program (ESIP). As outlined and presented to the Township Council in August, this is a rigorous process including many capital improvements as part of this program. A list will be posted on the website for public viewing. Combined Meeting –October 20, 2014 Page No. 10 Third party approval had to be obtained from the Board of Public Utilities and clearance and authorization from the Local Finance Board to proceed with the financing mechanism. There will be an ESIP Implementation Agreement setting forth the terms and conditions being negotiated between Energy Savings Company (ESCO) and the township attorney.

Preliminary Public Comments.

Mrs. Wulster (53A Galewood Drive) encouraged the Township of Old Bridge to disenfranchise the Municipal Utilities Authority.

Seeing no further hands President Walker closed the public portion.

Council Member Comments.

Councilwoman Sohor congratulated the residents of Plaza Grande for raising in excess of $8,000 for breast cancer. In addition, the Board of Education “flamingo flocking” has commenced. Please contact the alumnipathfoundation.com for more information.

Report of the Clerk.

Ms. Ward announced that the rabies clinic held on October 18, 2014 was successful with 319 animals being vaccinated. She expressed her appreciation to all those who made the clinic possible.

The general election will be held on Tuesday, November 4, 2014; the polls will be open from 6:00 a.m. until 8:00 p.m.

Motion

to accept the Report of the Clerk was made by Councilman Rosencranz, seconded by Councilman Anderson and so ordered on the following roll call vote:

NAYS: None.

Report of the Township Attorney.

Administrative Report.

MEMORANDUM

TO: Mayor and Members of Council

FROM: Christopher R. Marion, Business Administrator

SUBJECT: Administrative Report – October 20, 2014

DATE: October 17, 2014

1. STATE OF NEW JERSEY PRESCRIPTION MONITORING PROGRAM. On October 7, 2014, Mayor Henry attended a press conference event held by the Governor at the Bristol Meyer Squibb Child Center in New Brunswick to announce the expansion of the New Jersey Prescription Monitoring Program Combined Meeting –October 20, 2014 Page No. 11 (NJPMP) to include interstate data-sharing with the States of Delaware and New York. The NJPMP collects detailed information on every prescription filled in the State for controlled dangerous substances (CDS) or human growth hormone and is available to all licensed healthcare practitioners who are authorized by the State of New Jersey to prescribe or dispense CDS medications. For more information on the NJPMP, residents should visit the NJPMP Website at www.njconsumeraffairs.gov/pmp.

2. STATE OF NEW JERSEY PROJECT MEDICINE DROP PROGRAM. On October 8, 2014, the Old Bridge Police Department received one stationary drop box to be installed in the Municipal Administration Building and one mobile drop box to be used for off-site “take back” collection events and public gatherings. Developed and overseen by the New Jersey Office of the Attorney General Division of Consumer Affairs, Project Medicine Drop allows residents to dispose of unused and expired medications anonymously, seven days a week, at participating police departments throughout the State. For more information on Project Medicine Drop, residents should visit the Project Medicine Drop Website at www.njconsumeraffairs.gov/meddrop.

3. OLD BRIDGE MUNICIPAL ALLIANCE COMMUNITY FORUM. On October 16, 2014, the Old Bridge Municipal Alliance hosted a community forum on prescription drugs, opiates and heroin abuse entitled “Facing an Unpleasant Realty…Together”. The event featured key note speaker Doug Collier from the New Jersey Office of the Attorney General. Approximately sixty-five participants were in attendance. Hard copies of the resource guide and related handouts have been forwarded to the Township Clerk’s Office for distribution to Council. For more information, residents should contact the Municipal Alliance Coordinator at (732) 721-5600 ext. 4022.

4. FALL CURBSIDE LEAF COLLECTION. The Department of Public Works is scheduled to begin the fall leaf collection program on October 20, 2014. Leaves should be placed at the curb in biodegradable paper bags. For additional information, residents should contact the Department of Public Works at (732) 721-5600 ext. 6140 or visit the Township Web Site at www.oldbridge.com.

5. HALLOWEEN “SPOOKTAKULAR” AND HAUNTED HOUSE! The Department of Parks and Recreation will officially kick off the Halloween Season with the 2014 Halloween Spooktakular Event and Haunted House on October 25, 2014 from 11:00 AM to 2:00 PM at the Old Bridge Recreation Civic Center. The event will include a DJ, games, arts, crafts, hay rides and pumpkin painting. The Haunted House will also be open to the public from 6:00 PM to 8:00 PM on October 27, 2014, October 28, 2014 and October 29, 2014. For additional information about the Spooktakular Event, Haunted House, or other upcoming programs and events, residents should contact the Department of Parks and Recreation at (732) 721-5600 ext. 4999 or visit the Township Web Site at www.oldbridge.com. Combined Meeting –October 20, 2014 Page No. 12 6. NEW JERSEY LEAGUE OF MUNICIPALITIES (NJLOM) LOUIS BAY II FUTURE MUNICIPAL LEADERS SCHOLARSHIP COMPETITION. In the October 2014 edition of New Jersey Municipalities Magazine, the top three winners, fifteen finalists and twenty-six semi-finalists for the NJLOM Future Municipal Leaders Scholarship Competition were announced. Congratulations to Mr. Brian Rodger from Old Bridge Township who was recognized as one of the twenty-six semi-finalists this year. The annual competition is open to all high school junior and seniors who are residents of New Jersey and plan to continue their education after high school.

7. COMMUTER PARKING PERMITS DEADLINE EXTENSION. The 2014/2015 Parking Permit Renewal Deadline has been extended to October 31, 2014. Residents can apply for and renew parking permits on line by visiting the Township Website at www.oldbridge.com and clicking on the Parking Permit Menu under @EGov. For additional information, residents should contact the Office of the Township Clerk at (732) 721-5600 ext. 2200.

8. OPERATION BEACHHEAD SKATING EVENT. On November 5, 2014, Operation Beachhead will be sponsoring a skating session and luncheon at the John Piccolo Ice Arena for approximately fifteen veterans and disabled veterans from the Greater Monmouth-Ocean Counties Area as well as from Lyons Veterans Facility located in Bernards Township, NJ. Operation Beachhead is a not-for-profit organization that provides recreational activities for disabled veterans, active military personnel and their families. For additional information about Operation Beachhead, the ice arena or other upcoming recreation activities, events and programs, residents should contact the Department of Parks and Recreation at (732) 721-5600 ext. 4999 or visit the Township Website at www.oldbridge.com.

9. FOURTH QUARTER TAX PAYMENTS. The Office of the Tax Collector is open for fourth quarter tax payments Monday through Friday, from 8:00 PM to 5:00 PM. The office will also be open for business on November 8, 2014, from 9:00 AM to 1:00 PM and for extended hours on November 10, 2014, from 8:00 AM to 7:00 PM.

10. VETERANS DAY HOLIDAY. On November 11, 2014, all municipal offices will be closed in observance of the Veterans Day Holiday.

Motion

to accept the Administrative Report was made by Councilman Butler, seconded by Councilman Cahill and so ordered on the following roll call vote:

AYES: Council members Anderson, Butler, Cahill, Mollis, Panos, Combined Meeting –October 20, 2014 Page No. 13 Rosencranz, Sohor, President Walker.

NAYS: None.

Councilwoman Panos (referring to Item No. 3 – Old Bridge Municipal Alliance Community Forum) suggested that anyone with drug issue questions contact the Municipal Alliance Coordinator, Karen Tortorici.

Comments by Mayor Henry

Mayor Henry thanked Councilman Anderson for spearheading the effort regarding the anti-nepotism ordinance and thanked the Township Council for tackling what always seems to be a problem in municipal government and for bringing credibility to the administration and the Township Council.

Consent Agenda.

President Walker opened a public portion.

Seeing no hands President Walked closed the public portion.

RESOLUTION NO. 369-14 APPROVING PURCHASE OF FOLDING TABLES AND CHAIRS FOR THE GEORGE BUSH SENIOR CENTER FROM W.B. MASON UNDER STATE CONRACT #A81641

WHEREAS, the Township of Old Bridge desires to purchase folding tables and chairs for the George Bush Senior Center; and

WHEREAS, W.B. Mason having an address of 21 Commerce Drive, Cranford, New Jersey 08512 has been awarded State Contract #A81641 for purposes of selling said merchandise; and

WHEREAS, the Township of Old Bridge wishes to purchase from W.B. Mason under State Contract #A81641 folding tables and chairs for the George Bush Senior Center in the amount not to exceed $33,602.20. Combined Meeting –October 20, 2014 Page No. 14 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 to W.B. Mason having principal offices located at 21 Commerce Drive, Cranford, New Jersey 08512 is hereby approved in the amount not to exceed $33,601.20 under State Contract #A81641 for the folding tables and chairs for the George Bush Senior Center within the Township of Old Bridge.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #2210 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

NAYS: None.

RESOLUTION NO. 370-14 APPROVING SUBMISSION OF GRANT APPLICATION AND EXECUTION OF A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE OLD BRIDGE TOWNSHIP MUNICIPAL AID 2015:15 COTTRELL ROAD PEDESTRIAN PROJECT

Whereas, the Township of Old Bridge desires to seek grant monies from the New Jersey Department of Transportation for purposes of making certain pedestrian safety projects within the Township; and

Whereas, in order to obtain grant funds, it is necessary for the Township Council to adopt a resolution formally approving the grant application and authorizing the appropriate Township officials to submit and sign such grant documents as may be required for this purposes; and

Whereas, the Township Council believes it is in the best interests of the residents of the Township of Old Bridge to approve this resolution for the purposes stated herein.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge formally approves the grant application for the above stated project. Combined Meeting –October 20, 2014 Page No. 15 BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to submit an electronic application identified as MA-2015-OBT COTTRELL ROAD PEDESTRIAN SAFETY – 00484 to the New Jersey Department of Transportation on behalf of the Township of Old Bridge in the amount of $98,900.00.

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Old Bridge and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

NAYS: None.

RESOLUTION NO. 371-14 APPROVING SUBMISSION OF GRANT APPLICATION AND EXECUTION OF A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR BIKE-2015: BIKEWAY AND PEDESTRIAN SAFETY PROJECT

Whereas, the Township of Old Bridge desires to seek grant monies from the New Jersey Department of Transportation for purposes of making certain pedestrian safety projects within the Township; and

Whereas, in order to obtain said grant funds, it is necessary for the Township Council to adopt a resolution formally approving the grant application and authorizing the appropriate Township officials to submit and sign such grant documents as may be required for this purpose; and

Whereas, the Township Council believes it is in the best interests of the residents of the Township of Old Bridge to approve this resolution for the purposes stated herein.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as BIKE-2015-OBT ROUTE 516 BIKEWAY & PEDESTRIAN – 0063 to the New Jersey Department of Transportation on behalf of the Township of Old Bridge in the amount of $93,200.00.

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Old Bridge and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

NAYS: None. Combined Meeting –October 20, 2014 Page No. 16

RESOLUTION NO. 372-14 CANCELLING OUTSTANDING CHECKS IN THE AMOUNT OF $6,117.04

WHEREAS, there are certain Current Fund Account, Trust Account and Payroll Account checks that have remained outstanding in excess of one (1) year; and

WHEREAS, it is necessary to formally cancel the attached list of outstanding checks;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the attached listed outstanding checks totaling $6,117.04 be canceled.

NAYS: None.

RESOLUTION NO. 373-14 AUTHORIZING THE INSERTION OF AN ITEM OF REVENUE IN CONNECTION WITH BODY ARMOR REPLACEMENT FUND IN THE AMOUNT OF $7,585.51

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $7,585.51 from the Body Armor Replacement Fund Program, and wishes to amend its CY 2014 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year CY 2014 in the sum of $7,585.51 which is now available as revenue from:

Body Armor Replacement Fund $7,585.51

BE IT FURTHER RESOLVED that a like sum of $7,585.51 be and the same is hereby appropriated under the caption of: Combined Meeting –October 20, 2014 Page No. 17

Body Armor Replacement Fund $7,585.51

BE IT FURTHER RESOLVED, that the Clerk forward resolution to the Director of Local Government Services.

NAYS: None.

ABSENT: Councilman Greene. RESOLUTION NO. 374-14 AUTHORIZING REJECTION OF RE-BID FOR CONTRACT #2014-48 FOR UPGRADES TO EXISTING OBTV TELEVISION UPGRADES

WHEREAS, the Township of Old Bridge solicited re-bids in connection with Contract #2014-48 for upgrades to existing OBTV Television upgrades; and

WHEREAS, the initial bid was rejected for exceeding the cost estimates and amount budgeted in accordance with N.J.S.A. 40A:11-13.2(a); and

WHEREAS, one bid was received after the rebidding process and opened on October 1, 2014; and

WHEREAS, the Director of Finance in reviewing the sole bid recommended rejecting the bid, in accordance with N.J.S.A. 40A:11-13.2(a) because the lowest bid exceeds the cost estimates for these services.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bid from HB Communications, Inc. received with respect to Contract #2014-48 for upgrades to existing OBTV Television upgrades is hereby rejected.

BE IT FURTHER RESOLVED that the Purchasing Department of the Township of Old Bridge is hereby authorized to reissue bid for the purpose of procuring upgrades for existing OBTV upgrades.

BE IT FURTHER RESOLVED that the Purchasing Department of the Township of Old Bridge shall provide a copy of this resolution to the bidder and return the bidder’s bid guarantee.

NAYS: None. Combined Meeting –October 20, 2014 Page No. 18 ABSENT: Councilman Greene.

RESOLUTION NO. 375-14 AUTHORIZING REJECTION OF BID FOR CONTRACT #2014-59 FOR THE PURCHASE OF ONE (1) 2015 4WD SWITCH-N-GO VEHICLE FOR THE DEPARTMENT OF PARKS AND RECREATION

WHEREAS, the Township of Old Bridge solicited bids in connection with Contract #2014-59 for one (1) Switch-N-Go vehicle for the Department of Parks and Recreation; and

WHEREAS, one bid was received and opened from DFFLM, LLC/DITSCHMAN FLEMINGTON FORD on October 2, 2014; and

WHEREAS, the Director of Finance in reviewing the sole bid recommended rejecting the bid, in accordance with N.J.S.A. 40A:11-13.2(a) because the lowest bid substantially exceeds the cost estimates for these goods.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bid from DFFLM, LLC/DITSCHMAN FLEMINGTON FORD received with respect to Contract #2014-59 for the purchase of one (1) 2015 4WD Switch-N-Go Vehicle for the Department of Parks and Recreation is hereby rejected for the reason stated hereinabove.

BE IT FURTHER RESOLVED that the Purchasing Department of the Township of Old Bridge is hereby authorized to reissue bid for the purpose of procuring said vehicle for the Department of Parks and Recreation.

BE IT FURTHER RESOLVED that the Purchasing Department of the Township of Old Bridge shall provide a copy of this resolution to the bidder and return the bidder’s bid guarantee.

NAYS: None.

RESOLUTION NO. 376-14 MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR GRAND MARQUIS – ROUTE 9, OLD BRIDGE, BLOCK 7000, LOT 2

WHEREAS, Grand Marquis, pursuant to Application # 8-08P for the real property located at Block 7000, Lot 2 is now seeking a release of the performance guarantee for improvements constructed therein; and

WHEREAS, a hearing was held on October 6, 2014; and

WHEREAS, the Township Engineer, Nicole Shapiro, by memorandum dated September 30, 2014 recommended that the release of the performance guarantee as requested for Grand Marquis, Block 7000, Lot 2 be granted as follows: Combined Meeting –October 20, 2014 Page No. 19

Performance Bond $280,663.92 (Bond #106075261) Cash Deposit $ 31,184.88 Total $311,848.80

WHEREAS, the Engineering Department performed an inspection of the site improvement works and confirmed that all necessary site improvement work has been satisfactorily completed.

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 as indicated above shall be released subject to the following conditions:

1. Submission of a two (2) year maintenance guarantee, subject to the review and approval of the Township Attorney, in the amount of $46,777.32 (15% of estimated project improvement cost).

2. Payment of all outstanding escrow fees, if any.

NAYS: None.

RESOLUTION NO. 377-14 MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR PEP BOYS – MANNY, MOE & JACK, BLOCK 5000, LOTS 3 & 3.12

WHEREAS, Pep Boys – Manny, Moe & Jack, pursuant to Application #61-122 for the real property located at Block 5000, Lots 3 & 3.12 is now seeking a release of the performance guarantee for improvements constructed thereon; and

WHEREAS, a hearing was held on October 6, 2014; and

WHEREAS, Township Engineer, Nicole Shapiro, by memorandum dated October 6, 2014 recommended that the release of the performance guarantee requested for Pep Boys – Manny, Moe & Jack for Block 5000, Lots 3 & 3.12 be granted as follows:

Total Performance Bond $11,032. 20 (Bond #19043423) Cash Deposit $ 1,125.80 Total $12,158.00

WHEREAS, the Engineering Department performed an inspection of the site improvement work and has confirmed that all site improvement work has been satisfactorily completed.

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 as indicated above shall be released subject to the following conditions:

1. Submission of a two (2) year maintenance guarantee, subject to the review Combined Meeting –October 20, 2014 Page No. 20 and approval of the Township Attorney, in the amount of $1,823.70 (15% of estimated project improvement cost).

2. Payment of all outstanding escrow fees, if any.

NAYS: None.

RESOLUTION NO. 378-14 APPROVING SUBMISSION OF GRANT APPLICATION AND EXECUTION OF A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE OLD BRIDGE TOWNSHIP MUNICIPAL AID 2015: TICETOWN ROAD RESURFACING PROJECT

WHEREAS, the Township of Old Bridge desires to seek grant monies from the New Jersey Department of Transportation for purposes of improving certain roads within the Township; and

WHEREAS, in order to obtain said grant funds, it is necessary for the Township Council to adopt a resolution formally approving the grant application and authorizing the appropriate Township officials to submit and sign such grant documents as may be required for this purpose; and

WHEREAS, the Township Council believes it is in the best interests of the residents of the Township of Old Bridge to approve this resolution for the purposes stated herein.

NOW, THEREFORE, BE IT RESOLVED that Council of the Township of Old Bridge formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2015-OBT Municipal Aid 2015 Project-TICE-00312 to the New Jersey Department of Transportation on behalf of the Township of Old Bridge in the amount of $420,698.50.

BE IT FURTHER RESOLVED that Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Old Bridge and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

NAYS: None.

Prior to the roll call vote the following discussion took place. Combined Meeting –October 20, 2014 Page No. 21 Councilwoman Sohor stated that grants are applied for based on the Municipal Aid Program. This year an application has been submitted for Ticetown Road from Wisdom Way to Higgins Road. The road needs repair, and she knows the residents of that area will be pleased.

Councilman Rosencranz stated that Ticetown Road has many potholes and hopes that the grant will be approved.

Councilman Mollis asked for the entire scope of the work to be performed.

Mrs. Shapiro stated that the work to be performed is primarily resurfacing with a few handicap ramps being installed. Grading and curbs is also included.

Councilwoman Panos asked if the curve in the road were going to be minimized.

Mr. Marion stated that the ideas will be presented during the plan design phase. Prior to bidding there could be discussion on the details.

RESOLUTION NO. 379-14 AWARDING PROFESSIONAL SERVICES CONTRACT TO FRENCH & PARRELLO ASSOCIATES, PA AS A LICENSED SITE REMEDIATION PROFESSIONAL (LSRP) ASSOCIATED WITH THE ILLEGAL DUMPING AT FURMAN BOULEVARD IN CLIFFWOOD BEACH

WHEREAS, French & Parrello Associates, PA (hereinafter “FPA”) were previously approved by the Township Council under the Township’s Fair and Open process for professional engineering services for 2014; and

WHEREAS, FPA was previously retained by the Township to assess the physical and environmental nature of fill reportedly illegally dumped at the landward extent of the beachfront located at portions of Block 1060, Lots 225 and Block 1, Lots 60, 61, 62 and 64 in the Township of Old Bridge; and

WHEREAS, FPA provided the Township’s Engineering Department with a report detailing the physical and environmental nature of the fill material, approximately 7,500 cubic yards which, based upon physical observations and laboratory analytical data, appears to be non-native and environmentally impacted (Phase I); and

WHEREAS, based upon the testing and findings by FPA, further investigation and/or remediation is required to maintain NJDEP compliance and carry this project to the pre-remedial action phase; and

WHEREAS, it order to continue this process, the Township of Old Bridge was required to retain a Licensed Site Remediation Professional; and

WHEREAS, by resolution adopted at the August 25, 2014 Council meeting, the Township Council approved a contract with FPA at a cost not to exceed $10,900.00 to provide these services; and

WHEREAS, based upon FPA’s findings in this phase of the site assessment (Phase II), additional soil sampling, testing and analysis is required prior to the preparation of a Remedial Action Report and execution of a Remedial Action Plan; and

WHEREAS, the request of the Township’s Department of Engineering, FPA submitted its proposal dated October 16, 2014 for the additional required services associated with the pre-remedial action phase in the amount of $30,700.00; and

WHEREAS, the Township Council wishes to approve a contract with FPA so that it can provide the aforesaid services on behalf of the Township of Old Bridge. Combined Meeting –October 20, 2014 Page No. 22

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 engineering services that will specifically include a Licensed Site Remediation Professional for continued site investigation required for the illegal dumping discovered at landward extent of the beachfront located at portions of Block 1060, Lots 225 and Block 1, Lots 60, 61, 62 and 64, Old Bridge Township, is hereby approved for French & Parrello Associates, PA in the amount not to exceed $30,700.00 and in accordance with the proposal dated October 16, 2014, a copy of which is on file with the Township Engineer.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 2213 certifying the existence of sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall prepare and 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 and that is signed by contractor and the Mayor and Township Clerk. B. Issuance of a Certificate of Availability of Funds as aforesaid.

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

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

NAYS: None.

Councilman Butler recalled the resolution of the Township Council limiting the amount allocated to $10,900. He requested an explanation of the expenditure of $30,000.

Mr. Marion stated that the original contract with French & Parrello was for the environmental investigation of Furman Boulevard and the illegal dumping which occurred after Superstorm Sandy. Based on follow up meetings with the NJDEP, this is another phase of the project which includes additional investigation of the “hot spots”. The contract is being amended to include the additional money associated with this project.

There will be additional remedial costs once the testing and the scope of the project is completed, all of which will be pursued through the Environmental Joint Insurance Fund. A claim to determine qualification of recoupable costs has been filed. Combined Meeting –October 20, 2014 Page No. 23

Councilman Butler asked what work had been added to the contract to increase the cost.

Mrs. Shapiro stated that in March or April there was an initial contract to French and Parrello in the amount of $24,000. A survey was completed, and the amount of fill was determined. Twelve samples were taken to determine what type of material was dumped in the area (residential and non-residential standards). French and Parrello was retained as LSRP on behalf of the Township of Old Bridge. This is the third phase wherein additional testing is being performed to hone in on the “hot spot” area to determine if the amounts of fill to be removed can be reduced. DEP has many regulations with respect to site remediation, and there must be various testing stages. French and Parrello will come before the Township Council for approval of their remedial action plan which will be subsequent to this phase.

Councilman Butler asked for a confirmation that this resolution does not authorize the final cost of the project.

Mrs. Shapiro confirmed that it did not.

Councilman Anderson inquired when the problem was noticed.

Mr. Marion stated that Township of Old Bridge was notified by the NJDEP Division of Regulatory Enforcement about a “fill dump” in that area occurring after Superstorm Sandy. A number of different agencies investigated the area.

Councilman Rosencranz asked for a clarification that this was to be an on-going investigation in the amount of $24,000.

Mr. Marion stated that the Township of Old Bridge was notified by the DEP that it was the township’s responsibility, and since the property is public, the Environmental Joint Insurance Fund was notified. The contract to commence the process was brought before the Township Council.

Mr. Roselli added that the area has now been defined and captured. The type of material found was not as bad as it could have been. There are two sides to this matter – a criminal side (to which the Township of Old Bridge is not privy) and the civil side for which he has asked the insurance company to indemnify the Township of Old Bridge for the costs incurred. If no reimbursement, the Township of Old Bridge will have to approach the parties responsible for the problem.

RESOLUTION NO. 380-14 AUTHORIZING AWARD OF CONTRACT #2014-60 TO WINNER FORD FOR THE PURCHASE OF TWO (2) 2015 4WD SWITCH N GO VEHICLES

WHEREAS, the Township of Old Bridge publicly advertised and received bids in accordance with the requirements the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. for Contract #2014-60 for the purchase of a two (2) 2015 Switch-N-Go vehicles; and

WHEREAS, two (2) bids were received from the following:

Winner Ford $124,378.00 Ditschman/Flemington Ford $124,932.00

WHEREAS, the two bids were analyzed with options and without options and with warranties. Flemington Ford did not bid the tool box option which is included in the total price as the Township is planning to purchase the trucks with that option; and Combined Meeting –October 20, 2014 Page No. 24 WHEREAS, the Township Director of Public Works, Township Business Administrator and Director of Finance have recommended that a contract be awarded to Winner Ford, as they submitted the lowest responsible bid per truck; and

WHEREAS, the Township Council wishes to award the contract for the two (2) 2015 Switch-N-Go vehicles.

1. Winner Ford Inc. having principal offices located at 250 Berlin Road, Cherry Hill, NJ 08036 is hereby awarded a contract in the amount not to exceed $167,188.00 for the two (2) 2015 Switch-N-Go vehicles with options for the Public Works Department of the Township of Old Bridge.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 2211certifying the existence of a sufficient appropriation to fund the said contract.

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

A. Formal execution of a contract approved by the Director of Law that is signed by Vendor and 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 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.

Moved by Councilman Rosencranz, seconded by Councilman Mollis and so ordered on the following roll call vote:

NAYS: None.

Councilman Anderson asked if the Township of Old Bridge utilizes shared services between departments. Combined Meeting –October 20, 2014 Page No. 25 Mr. Marion explained that the money for the purchase of the vehicles was included in the 2014 capital budget.

Mr. Carpenter discussed the merits and benefits of a Switch N Go Truck which includes a detachable work body making it a multifaceted vehicle.

Mr. Marion (referring to Consent Agenda Item 14 – Purchase of 2015 Ford F450 Box Truck) stated the capital budget included approximately $55,000 for a replacement box truck.

Mr. Badcock stated that this truck will replace a fifteen year old cargo van used to transport food for the senior center, the food bank, the daily school day care and summer Robin program, etc., the money for which was bonded last year. A flat bed/dump truck option to the box truck was being sought, but there was not enough money.

RESOLUTION NO. 381-14 AWARDING CONTRACT #2014-62 FOR PURCHASE OF LICENSE PLATE RECOGNITION SYSTEM HEREIN AFTER LPR SYSTEM FOR THE PARKING ENFORCEMENT DEPARTMENT TO SECUREWATCH 24 LLC

WHEREAS, the Township of Old Bridge solicited bids in connection with Contract #2014-62 for a license plate recognition system for the Township of Old Bridge Parking Enforcement; and

WHEREAS, one (1) bid was received and opened on October 15, 2014 from Secure Watch 24 LLC; and

WHEREAS, the Township Council wishes to award the contract for the LPR System for the Parking Enforcement; and

WHEREAS, the Township Business Administrator and Chief Financial Officer have recommended that a contract be awarded to Secure Watch 24 LLC, One Penn Plaza, Suite 4000 New York, New York 10119, as they submitted the only responsible bid.

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

1. The Secure Watch 24 LLC with principal office at One Penn Plaza Suite 4000, New York, New York 10119, is hereby awarded a contract in the amount not to exceed $45,611.50 for the LPR system for the Parking enforcement Department of the Township of Old Bridge in accordance with the bid proposal on file with the Office of the Township Clerk.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #2212 certifying the existence of a sufficient appropriation to fund the said contract.

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

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk. B. Compliance by the Vendor with signing the mandatory affirmative action language required by law. Combined Meeting –October 20, 2014 Page No. 26 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.

Moved by Councilman Anderson, seconded by Councilman Rosencranz and so ordered on the following roll call vote:

NAYS: None.

Councilman Rosencranz inquired as to the function of the scanner.

Mr. Marion stated that the Township of Old Bridge has been looking to improve enforcement, revenue collection and the general parking situation of the commuter lots. This scanner will provide a license plate reader to enhance the enforcement and eliminate the dollar bill and decal requirements.

Mr. Reardon stated that this scanner is similar to those being used by the police department to scan license plates to determine which cars are in compliance and those which are not. It will also eliminate the dollar bill collection boxes which are in disrepair.

Councilman Rosencranz asked if the scanner is to be linked to a credit or debit card.

Mr. Reardon stated that the scanner will compare the license plate to the Govonline system currently being used for payment. The scanner can read fifty plates per minute.

Councilwoman Panos asked for a confirmation that this is a mechanism to enforce non-payment of the parking rate and asked how this eliminates the dollar bill collection.

Mr. Marion stated that next year’s registration for commuter parking will include the elimination of the dollar bills by charging an annual fee which will be discussed and changed by ordinance. There are several aspects which have to be addressed before this program can come to fruition.

Mayor Henry stated that the goal is to improve the commuter parking situation and without this system in place, that cannot happen. The commuters in Old Bridge deserve a change. He promised good news regarding the location of commuter lots after the first of the year.

Councilman Cahill commended the administration for leveraging technology, a subject he has been speaking about for quite some time. He believes this to be an excellent application in connection with EGov. Streamlining the process for the commuters and the parking enforcement is overdue.

RESOLUTION NO. 382-14 APPROVING PURCHASE OF ONE (1) 2015 FORD F450 BOX TRUCK FOR THE DEPARTMENT OF PARKS AND RECREATION FROM WINNER FORD UNDER STATE CONTRACT #A83559 Combined Meeting –October 20, 2014 Page No. 27

WHEREAS, the Township of Old Bridge wishes to purchase one (1) 2015 Ford F450 Box Truck under State Contract for the Department of Parks and Recreation; and

WHEREAS, Winner Ford having an address at 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey 08034 has been awarded State Contract #A83559 for purposes of selling said vehicle; and

WHEREAS, the Township of Old Bridge wishes to purchase from Winner Ford under State Contract #A83559 the aforesaid vehicles for the amount of $44,977.00 in accordance with its proposal dated October 8, 2014, a copy of which is on file with the Department of Finance and Department of Parks and Recreation.

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

1. A contract with Winner Ford located at 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey 08034 is hereby approved, pursuant to State Contract #A83559, in the amount of $44,977.00, for the purchase of one (1) 2015 Ford F450 Box Truck vehicle in accordance with the bid quotation received from Winner Ford.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 2209 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk and/or other appropriate Township officials 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.

Moved by Councilman Mollis, seconded by Councilman Cahill and so ordered on the following roll call vote:

NAYS: None.

Councilwoman Panos (referring to the rejection of the Switch N Go for the Recreation Department) asked for a confirmation that $55,000 was available to purchase a vehicle and that the rejected vehicle was a Switch N Go with four optional items, but that price of a basic truck was $62,000. She wondered if it would be more prudent to borrow or share now, and wait until the next capital budget to purchase the truck that is really needed.

Mr. Badcock responded that the truck needed is a box truck for the transportation of food stuffs. His intent was to try to get an additional use with a flat bed.

Mr. Marion stated that a box truck was included in the capital budget, but that other opportunities were being sought to purchase multi-purpose equipment to insure efficiency. Combined Meeting –October 20, 2014 Page No. 28 Councilwoman Panos stated that she would rather go with the original bid and wait a few months for more money. Her belief is that there may be something in the township fleet that could be used in the interim.

Councilman Mollis inquired as to the length of the box truck.

Mr. Badcock responded that the truck is fourteen feet. The truck currently being used is too small for the current uses.

Mayor Henry stated that the larger box truck is needed.

Public comments on any subject matter.

Neil Greenspan (7 Crassas Street) stated that that the fire hydrants in Central Park are old and in need of repair.

Mayor Henry suggested sending an e-mail which he would be happy to forward to the appropriate agency.

Mr. Greenspan stated that the area of Washington Road needs to be repaved.

Mr. Marion stated that although that area is not on the list for repaving, Mr. Carpenter will determine what repairs could be made.

Seeing no further hands President Walker closed the public portion.

Discussion.

1. Municipal Energy Aggregation Program.

Mr. Chilton, Executive Vice president of Gabel Associates, an energy supply company, stated that the service that is being provided is for energy aggregation which has become active and feasible in the last few years. This is a method under state law and regulations of the BPU to allow the municipality to enact an ordinance to bulk purchase energy supply. Customers may go to a third party on their own, but this offers the municipality the ability to put together a package for the residents of the township.

Councilman Cahill asked for a confirmation that there is no infrastructure change.

Mr. Chilton stated that JCP&L, etc. will deliver the power which is sourced from third parties. They are responsible for delivering the power from wires to billing. If there is a power outage, JCP&L is responsible for restoring the power. The bill contains delivery charges for JCP&L, a power supply item from either JCP&L or the supplier who won the bid. Budget billing will be available. Low income residents who have discounted service will continue to have a reduced rate. This is intended to be a seamless as possible for customers.

Councilman Cahill asked how the fees are calculated.

Mr. Chilton explained that prior to entering into the bid process, the number of residents who currently don’t have a third party supplier is calculated along with their monthly usage. JCP&L current traffic price is run through the residential usage and the price is developed. If the contract is going to run longer than twelve months, forecasting will be performed. The JCP&L wholesale price is what trickles through their retail price. They have staggered three-year contracts for wholesale supply. In any given year one of the three-year contracts will expire and be replaced by a new one. JCP&L tariff prices have lowered over the last few years. On estimate, the savings could be fourteen percent for the first six months and ten percent savings for the last twelve months (based on eighteen months).

Gabel Associates will not recommend an award of a contract if the savings from the bid is less than five percent. Combined Meeting –October 20, 2014 Page No. 29

Councilman Cahill asked for a confirmation that if a resident does not opt in or opt out, that resident will automatically be enrolled in the program.

Mr. Chilton stated that when this program was established in 1999, it was an “opt in” which was a failure and subsequently changed to “opt out”. The customer will have an initial thirty-day period to decide whether or not to enroll in the program. After enrolling and for whatever reason, the customer may opt out of the contract with no penalties whatsoever.

Mr. Marion emphasized that this program applies to residential aggregation only.

Mr. Chilton stated that under the regulations, businesses may be included on an “opt in” basis, but, historically, this has not worked. Approximately, fifteen percent of residential customers have switched suppliers; while eight-five percent of commercial customers have switched.

Mr. Marion asked for a clarification between this program and that offered by unscrupulous companies.

Mr. Chilton stated that an offer of a third party supplier may be offered by a random company at savings for a specific period of time then rolls over and goes to market. Many residents saw their bills triple last winter.

This program is not solicited to residents. This is a fully vetted bid document that the supplier signs with the municipality. This document has been through BPU and rate counsel review. The contract period is usually eighteen months which does not automatically roll over. The options are to rebid a new contract based on a competitive bid or return to JCP& L power. There is no termination fee for leaving the program.

Councilman Anderson asked how this program would impact solar customers.

Mr. Chilton stated that the issue with solar is net metering. Under the regulations of net metering, if the solar system produces more power in a month than is utilized, when with a utility, that power may be banked and used to offset against future months’ use. The BPU does not have enforcement requiring the provision of net metering or retail crediting. The legislation allows for exclusion. If a solar customer would like to participate, the “opt in” option would have to be used.

Councilwoman Panos asked what the amount of the contract with Gable Associates would be.

Mr. Chilton stated that his company is paid a fee by the supplier. The fee is transparent- the cost is included in the bid. The fee is a per kilowatt hour charge which is almost always less than one tenth of one cent. It will vary upon the size of the municipality. Costs for implementing a program are linear with the number of customers; some are not. The larger the town, the smaller the fee.

Councilman Cahill asked who the residents will contact when there is question about a bill.

Mr. Chilton stated that if the problem is with the third-party supply charges, they would be notified.

Councilwoman Sohor stated that she appreciated the presentation.

Mr. Chilton stated that the next step in the process is that there will be a “kick off” meeting with the members of the administration who will be involved in the program to lay out a time frame. There needs to be an ordinance followed by the outreach process (public meeting(s)). There needs to be a DDC Agreement with JCP&L which is the terms and conditions under which they will provide the information needed to begin evaluating the load and developing the bid documents. The process takes about six Combined Meeting –October 20, 2014 Page No. 30 months to complete.

Councilman Rosencranz inquired what the average savings to a resident would be.

Mr. Chilton stated that the savings would be between one and two hundred dollars per year depending on the program.

Discussion.

2. Resolution awarding Contract No. 2014-55PS to Gabel Associates Inc. for Municipal Energy Aggregating Program Consultant Services.

RESOLUTION NO. 383-14 AUTHORIZING CONTRACT WITH GABLE ASSOCIATES, INC. FOR MUNICIPAL ENERGY AGGREGATION CONSULTANT FOR THE TOWNSHIP OF OLD BRIDGE CONTRACT #2014-55PS

WHEREAS, the Township of Old Bridge issued publicly advertised Requests for Proposals for purposes of selecting a Municipal Energy Aggregation Program Consultant and awarding a contract with the consultant; and

WHEREAS, on September 19, 2014, the Township of Old Bridge received one proposal from Gabel Associates, Inc., having an address at 417 Denison Street, Highland Park, New Jersey 08904; and

WHEREAS, Gabel Associates, Inc. submitted its proposal and is a consulting firm that is recognized as capable and available to undertake such work; and

WHEREAS, Gabel Associates, Inc. has received the recommendation of the Fair and Open Process Review Committee pursuant to the Fair and Open Process in accordance with Municipal Regulation 004-2006 for consulting services; and

WHEREAS, the Township Council has considered the presentation of Gabel Associates, Inc. and believes it is in the best interest of the Township of Old Bridge to consent to the appointment of Gabel Associates, Inc. as Municipal Energy Aggregation Program consultant for the Township of Old Bridge in accordance with its proposal, a copy of which is on file in the Office of the Municipal Clerk.

1. The Township Council of Old Bridge Township does hereby consents to the appointment of Gabel Associates, Inc. as Municipal Energy Aggregation Program consultant for Old Bridge Township in accordance with the terms of its proposal, a copy of which is on file in the Office of the Municipal Clerk.

2. A contract for consulting services is authorized to be entered into with Gabel Associates, Inc., having an address at 417 Denison Street, Highland Park, New Jersey 08904 for no fee as any fee paid, if any, shall be paid in accordance with its proposal which requires payment by the energy provider.

3. A certification of Availability of Funds is not required.

4. This contract is for consulting services and has been awarded according to New Jersey Public Contract law. The Township Clerk shall publish a statement of reasons for awarding of the Combined Meeting –October 20, 2014 Page No. 31 contract, to wit: Municipal Energy Aggregation consultant for the Township of Old Bridge.

5. 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.

A. Formal execution of a contract prepared and/or approved by the Director of Law which is signed by the Mayor and Township Clerk. B. Compliance by the Vendor with signing the mandatory affirmative action language required by law. C. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with Affirmative Action employee information reporting.

Moved by Councilman Cahill, seconded by Councilman Anderson and so ordered on the following roll call vote:

NAYS: None.

Discussion.

3. 2014 Road Resurfacing Contract Update.

Mrs. Shapiro stated in September ten bids were received from contractors, the lowest of which was $1.47 million (engineer’s estimate - $1.39 million). The Township Council rejected the submitted bids. The contract will have to be rebid.

A list of the proposed streets is as follows:

Farrington Road - partial Woodmere Road - this includes drainage which may be moved to a drainage project Columbia Road - entire length Highpointe Way - (entrance only) postponed to 2015 East Greystone Road - (1900 lf) postponed to 2015 Bentley Avenue - partial from Rt. 527 to Ernest Street and if funds are available this will be completed as part of the revised list.

All of the roads just listed (one in each ward) will be postponed until 2015. That will bring the engineer’s estimate to under the monies allocated for the 2014 roadway resurfacing contract.

Councilwoman Panos asked for a clarification of the improvements to Bentley Avenue.

Mrs. Shapiro, referring to a list of roads provided to the Township Council which states that “the following road may be included in the list depending on the availability of Combined Meeting –October 20, 2014 Page No. 32 funds”, the portion of Bentley Avenue between Rt. 527 to Ernest Street was included, but there is another section that connects to Rt. 18. If there are funds available, that section will not be postponed to 2015.

Councilwoman Panos stated that curbing was done on Bentley Avenue several years ago. There appears to be issues from the pavement to the curb and driveways.

Mrs. Shapiro stated that the portion of Bentley Avenue from Ernest Street is where the curbing was done, but during resurfacing that area may be lifted.

Councilwoman Panos inquired if the other end of Bentley Avenue was curbed.

Mrs. Shapiro responded that area of Bentley Avenue was scheduled for curbs and aprons, but that the Councilwoman agreed to do milling and resurfacing and leave the curb and apron in place.

Councilwoman Panos stated that she would prefer the entire area get addressed, and all driveways and curbing are flush so that the residents….and take out another road. She wants one complete, satisfactory road. She intends to confirm that all the curbing on the road is equal to the pavement.

Mrs. Shapiro stated that the cost estimate is at $1.67 million dollars; $1.25 million has been allocated. There needs to be money for inspection.

Councilwoman Panos stated that she would give up another road to insure that all the problems on Bentley Avenue are addressed.

Mr. Marion stated that bids for repaving have been rejected this year. In prior years there was a cancellation of funding authorization. We are not losing those roads; both construction projects will occur in 2015. In the past capital budget projects have run through several calendar years.

Councilwoman Panos stated that she reviewed the lowest three bids and compared them to other towns and found them to be acceptable.

Mrs. Shapiro stated that the bids were reviewed in connection with the unit cost. Meco was awarded the 2013 road resurfacing project; the paving was completed this year. She bumped some of the costs, but asphalt costs increased by ten percent. Millings are required to be brought to a recycling facility which adds costs to the contract. The cost of concrete for handicap ramps more than doubled since 2013.

Councilwoman Sohor stated that Woodmere Court needs drainage.

Mrs. Shapiro stated that drainage concerns are added to the contract, but Woodmere will be placed in the 2014 drainage contract due to the extent of the repairs.

Councilman Anderson stated that the mayor has been proactive with street resurfacing but wondered if there is a way to get a “leg up” on road repair.

Mayor Henry stated that he will be inspecting equipment that will enable the Township of Old Bridge to do small repairs.

Councilman Mollis asked if there were a project startup date for bidding.

Mrs. Shapiro stated that bidding for 2014 road resurfacing should start within the next two weeks with and then again toward the end of March. The 2015 bids will be solicited in late spring.

Executive Session – 9:33 p.m.

RESOLUTION NO. 384-14 EXCLUDING THE PUBLIC Combined Meeting –October 20, 2014 Page No. 33 (N.J.S.A. 10:4-12:13)

BE IT RESOLVED by the Township Council of the Township of Old Bridge that the public shall be excluded from this meeting pursuant to N.J.S.A. 10:4-13 for attorney client privileged matters and contract negotiations for the discussion of the following matter or matters:

CENTRAL JERSEY JOINT INSURANCE FUND – CONTRACT NEGOTIATIONS; COLLECTIVE BARGAINING AGREEMENTS NEGOTIATIONS UPDATE; HEALTH INSURANCE – CONTRACT NEGOTIATIONS; MID-JERSEY JOINT INSURANCE FUND PROPOSED SETTLEMENT

BE IT FURTHER RESOLVED that this meeting:

( X ) Shall not reconvene this evening; or

( ) Shall reconvene in public session upon conclusions of the discussions and that the minutes or other record of these discussion shall be available to be disclosed to the public when the need for its exclusion from the public no longer exists as determined by vote of the governing body at a public session.

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

AYES: Council members Anderson, Butler, Cahill, Mollis, Rosencranz, President Walker.

NAYS: None.

ABSENT: Councilman Greene

ABSENT PODIUM: Council members Panos, Sohor.

The combined meeting reconvened at 10:00 p.m.

Mr. Roselli stated that a recommendation for settlement for the FOP Lodge No. 22 has been prepared by James Mastriani. The proposal has been set out in his writing of October 19, 2014. The FOP has already voted and ratified the recommendation for settlement. It is recommended that the Township Council make a motion to adopt the recommendation which will be memorialized by formal resolution on November 17, 2014.

Motion

to adopt the recommendation for settlement for the FOP Lodge No. 22 as set forth in the letter from James Mastriani dated October 19, 2014 was made by Dr. Anderson and seconded by Councilman Rosencranz.

The roll call was as follows:

NAYS: None.

Council member comments.

Adjournment at 10:05 p.m. Combined Meeting –October 20, 2014 Page No. 34

A motion to adjourn at 10:05 p.m. was made by Councilman Butler, seconded by Councilman Cahill and so ordered on the following roll call vote:

NAYS: None.

______Eleanor Walker, Council President

______Stella Ward, Township Clerk pg Distributed: