July 22, 2008
A Regular Meeting of the Township Council of the Township of Toms River was
held in the L. Manuel Hirshblond Meeting Room, Municipal Complex, 33
Washington Street, Toms River, New Jersey at 6: 07 P.M.
The meeting was called to order by Township Clerk Mark Mutter and opened
with the Salute to the Flag.
Township Clerk Mark Mutter read the following statement pursuant to the Open
Public Meetings Act:
OPEN PUBLIC MEETINGS ACT
This meeting is convened in accordance with the provisions of the Open Public
Meetings Act of New Jersey. Let the official Minutes reflect that adequate
notice of this meeting has been provided by publishing a notice in the Asbury
Park Press on Thursday, January 10, 2008 and the Ocean County Gazette on
Friday, January 11, 2008 and thereafter posting same on the Town Hall Bulletin
Board for such notices and filing same with the Township Clerk, pursuant to a
Resolution adopted by the Township Council on January 1, 2008. The Notice was
also posted on the Township Web Page.
Roll Call:
Council Member Cassano
Council Member Donohue
Council Member Hill
Council Member Kubiel
Council Member Maruca
Council Member Sevastakis
Council President McGuckin
-
Present
Present
Present
Absent
Present
Present
Absent
A motion was made by Council Member Cassano, seconded by Council
Member Sevastakis, and carried with Council Members Cassano, Donohue,
Sevastakis, Hill, and Council Member Maruca voting yes, and with Council
President McGuckin and Councilman Kubiel absent, to appoint Council
Member Hill as “President Pro Temp .”
Township Clerk Mutter advised that Council President McGuckin and
Councilman Kubiel are both absent due to business commitment.
A motion was made by Council Cassano, seconded by Council Member
Sevastakis, and carried with Council Members Cassano, Hill, Donohue, Sevastakis
and Council Member Maruca voting yes, to approve an excused absence for
Council Member Kubiel and Council President McGuckin.
APPROVAL OF MINUTES
A motion was made by Council Member Cassano, seconded by Council
Member Donohue, and carried with Council Members Hill, Maruca, Sevastakis,
Cassano, and Council Member Donohue voting yes, to approve the Minutes of
the Regular Meetings of June 10, 2008 and July 8, 2008. The reading of these
Minutes was dispensed with, as each member of the Township Council has
reviewed a certified copy hereof.
A motion was made by Council Member Cassano, seconded by Council
Member Donohue, and carried with Council Members Hill, Maruca, Sevastakis,
Cassano, and Council Member Donohue voting yes, and Council Member
1
Maruca abstaining due to her absence, to approve the Minutes of a Regular
Meeting of June 24, 2008. The reading of these Minutes was dispensed with, as
each member of the Township Council has reviewed a certified copy hereof
J. Mark Mutter, Township Clerk read the following Ordinance of which the title
only was read in full:
A motion was made by Council Member Cassano, seconded by Council
Member Donohue and carried, that an Ordinance entitled:
ADDITONS
DELETIONS
ORDINANCE AMENDNG AND SUPPLEMENTING CHAPTER 348
(LAND USE AND DEVELOPMENT REGULATIONS) OF THE
”CODE OF THE TOWNSHIP OF TOMS RIVER, NEW JERSEY”
REGARDING OFF-STREET PARKING
To Re-open Public Hearing from July 8, 2008 Meeting.
be taken up for further consideration, public hearing and final passage. Said
ordinance was thereupon read by title only, pursuant to authority of Statutes of
New Jersey, copy of said ordinance having been posted as directed by said
law, whereupon Council Member Hill announced that this was the final reading
of the ordinance and asked if anyone present had anything to say in connection
therewith.
Dennis Galante questioned the need to adopt this Ordinance.
Township Planner Lynch explained based on “material guidelines” and it was
discussed in Master Plan Process.
Alyssa Hollingsworth’s mother spoke regarding the school system and this
Ordinance.
Carol Benson questioned this Ordinance regarding the school system. Discussion
ensued.
Mary Maligieri spoke regarding the retro-active application of this Ordinance.
On motion by Council Member Sevastakis, seconded by Council Member
Maruca and carried, the public hearing was closed.
Council Member Sevastakis offered the following resolution and moved its
adoption, Council Member Maruca seconded the motion:
BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN
THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, as follows:
1. That the foregoing ordinance, the title of which is quoted in the title
hereof, be and the same is hereby passed on second and final reading.
2.
That the title and purpose of said ordinance, together with the Notice of
Final Passage thereof be published in the Asbury Park Press.
The foregoing Resolution was adopted on roll call by the following vote:
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Council Member Cassano
Council Member Maruca
Council Member Sevastakis
Council Member Kubiel
Council Member Hill
Council Member Donohue
Council President McGuckin
Yes
Yes
Yes
Absent
Yes
Yes
Absent
J. Mark Mutter, Township Clerk read the following Ordinance of which the title
only was read in full:
A motion was made by Council Member Maruca, seconded by Council
Member Sevastakis and carried, that an Ordinance entitled:
AN ORDINANCE AMENDING AND SUPPLEMENTING
THE VEHICLES AND TRAFFIC CHAPTER OF THE
“CODE OF THE TOWNSHIP OF TOMS RIVER, NEW JERSEY”
TO PROVIDE A MID-BLOCK PEDESTRIAN CROSSING
ON IRONS STREET
be taken up for further consideration, public hearing and final passage. Said
ordinance was thereupon read by title only, pursuant to authority of Statutes of
New Jersey, copy of said ordinance having been posted as directed by said
law, whereupon Councilman Hill Pro Temp announced that this was the final
reading of the ordinance and asked if anyone present had anything to say in
connection therewith.
Carol Benson spoke regarding property ownership in the Township.
Joanne Jarolowicz, Toms River Business Improvement District, spoke in favor of this
Ordinance.
On motion by Council Member Maruca, seconded by Council Member
Sevastakis and carried, the public hearing was closed.
Council Member Maruca offered the following resolution and moved its
adoption, Council Member Sevastakis seconded the motion:
BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN
THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, as follows:
1. That the foregoing ordinance, the title of which is quoted in the title
hereof, be and the same is hereby passed on second and final reading.
2. That the title and purpose of said ordinance, together with the Notice of
Final Passage thereof be published in the Asbury Park Press.
The foregoing Resolution was adopted on roll call by the following vote:
Council Member Cassano
Council Member Maruca
Council Member Sevastakis
Council Member Kubiel
Council Member Hill
Council Member Donohue
Council President McGuckin
Yes
Yes
Yes
Absent
Yes
Yes
Absent
Council Member Donohue introduced the following Ordinance of which the title
only was read in full:
3
AN ORDINANCE DEFINING THOSE TITLES AND POSITIONS
WHICH SHALL BE ELIGIBLE FOR INCLUSION IN THE NEW JERSEY DEFINED
CONTRIBUTION RETIREMENT PROGRAM IN ACCORDANCE WITH CHAPTER 92 OF THE
LAWS OF 2007 (N.J.S.A. 43:15C-1 ET SEQ.)
WHEREAS, the State Legislature recently adopted Chapter 92 of the Laws of
2007 (N.J.S. 43:15C-1 et seq.) to create the Defined Contribution Retirement Program to
provide retirement benefits to various county and municipal officials; and
WHEREAS, N.J.S. 43:15C-2 requires the governing body of each county,
municipality, and other local entity to adopt, as appropriate, either a resolution or
ordinance to determine the positions that are substantially similar in nature to the advice
and consent of the Senate for appointments by the Governor of the State, pursuant to
guidelines or policy that shall be established by the Local Finance Board in the
Department of Community Affairs, and for which officials appointed to such positions
shall be eligible for and shall participate in the Defined Contribution Retirement Program,
subject to the provisions of law; and
WHEREAS, the Township Council of the Township of Toms River, has
considered the guidelines issued by the Local Finance Board;
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township
of Toms River, in the County of Ocean, and State of New Jersey that:
1.
Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be
eligible for and shall participate in the defined contribution Retirement Program:
1)
2)
3)
4)
5)
6)
7)
8)
Mayor
Elected Members of the Township Council
All Department Heads
The Township Attorney
The Township Engineer
All Municipal Prosecutors
Judges of the Municipal Court
Appointed members of all local authorities created by the
municipality and subject to the Fiscal Control Law, N.J.S.A.
40A:5A-1 et seq.
2.
Individuals serving in the following positions are exempt from Defined
Contribution Retirement Program membership, pursuant to N.J.S. 43:15C-2:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
Municipal Certified Health Officer
Municipal Tax Collector
Chief Financial Officer
Construction Code Official
Qualified Purchasing Agent
Municipal Tax Assessor
Municipal Planner
Registered Municipal Clerk
Licensed Uniform Subcode Inspector
Principal Public Works Manager
3.
If an individual is appointed to one of the positions listed in Section 1 and
the individual is not serving in a position as described in Section 2 above, the Pension
Certifying Officer of the municipality may determine that the individual is not required to
join the Defined Contribution Retirement Program if that individual: 1) was an active
participant in the Public Employee Retirement System on July 1, 2007 and continuously
since that time; or 2) has been appointed pursuant to a valid promotional process; or 3)
is appointed on a temporary, interim, or "acting" basis to a position requiring State
Certification as set forth in Section 2 herein, and is in pursuit of the required certification;
or 4) meets such other exceptions that may be approved by the Local Finance Board or
the Division of Pensions and Benefits.
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4.
This ordinance shall be implemented, construed and subject to the
aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) as amended from
time to time, and any regulations or guidance documents from the Local Finance Board
or the Division of Pensions and Benefits.
5.
Should any part or parts of this ordinance be held to be invalid by any
competent court of law, such invalidity shall only affect the part of parts held to be
invalid, and all other parts shall remain in effect.
6.
A copy of this ordinance shall be filed with the Director of the Division of
Pensions & Benefits of the New Jersey Department of the Treasury.
7.
This ordinance shall take effect upon its passage and publication as
required by law.
Approved: ______________________________
Title of officer)
Date: ____________________________
I, J. Mark Mutter, Township Clerk of the Township of Toms River in the County of
Ocean, State of New Jersey, do hereby certify that the foregoing is a true and correct
copy of an ordinance, adopted by the governing body of the Township of Toms River,
County of Ocean, State of New Jersey, at a regular session of said governing body held
on July 22, 2008.
________________________________
J. MARK MUTTER
TOWNSHIP CLERK
TOWNSHIP OF TOMS RIVER
A motion was made by Council Member Donohue, seconded by Council
Member Cassano, and carried, with Council Members Cassano, Hill, Donohue,
Maruca and Council Member Sevastakis voting yes, Council Members Kubiel
and McGuckin absent, that the foregoing Ordinance be adopted on first
reading with publication notice as follows:
NOTICE
NOTICE IS HEREBY GIVEN that the ordinance published herewith was
introduced and passed upon first reading at a meeting of the Township Council
of the Township of Toms River, in the County of Ocean, New Jersey, held on July
22, 2008 at 6:00 p.m. It will be further considered for final passage at a public
meeting to be held in the L. Manuel Hirshblond Meeting Room of the Municipal
Building in said Township on August 12, 2008 at 6:00 p.m., or as soon thereafter as
this matter can be reached, at which time all persons interested shall be given
an opportunity to be heard concerning this ordinance. Prior to the second
reading, a copy of this ordinance shall be posted on the bulletin board in the
Municipal Building and copies shall be made available at the Township Clerk’s
office in said Municipal Building to members of the general public who shall
request such copies.
J. MARK MUTTER
TOWNSHIP CLERK
APPROVED AS TO FORM:
MARK A. TRONCONE
TOWNSHIP ATTORNEY
MUNICIPAL BUILDING
5
33 WASHINGTON STREET
TOMS RIVER, NJ 08753
This ordinance title and purpose, together with notice, shall be published in the
Asbury Park Press in the issue of Friday, July 25, 2008.
Ordinance was adopted on first reading with Council Members Cassano, Hill,
Donohue, Maruca, and Council Member Sevastakis voting yes. Council Members
Kubiel and McGuckin absent.
Township Attorney Troncone requested that the following Ordinance be Tabled,
for Executive Session review.
A motion was made by Council Member Maruca, seconded by Council
Member Donohue, and carried with Council Members Cassano, Hill, Donohue,
Maruca and Council Member Sevastakis voting yes, and Council Members
Kubiel and McGuckin absent, that the following Ordinance:
ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 495
WATER CONNECTIONS OF THE “CODE OF THE TOWNSHIP” OF
TOMS RIVER, NEW JERSEY
BE TABLED PENDING EXECUTIVE SESSION DISCUSSION.
Council Member Cassano introduced the following Ordinance of which the title
only was read in full:
ORDINANCE AUTHORIZING QUIT CLAIM DEED TERMINATING DEED
RESTRICTIONS AND REVERTER ON BLOCK 472, LOT 11.02
IN THE TOWNSHIP OF TOMS RIVER
WHEREAS, on or about February 17, 1987, the Township of Dover transferred property
known as Block 472, Lot 11, Dover Township Tax Map to the Dover Township Industrial
Commission, by deed recorded in the Ocean County Clerk's office on March 30, 1987 in Deed
Book 4531, Page 175; and
WHEREAS said deed included two deed restrictions as to the property prohibiting the
retail sale of food or beverages and restricting the use of the property to industrial purposes and
said deed contained a reverter clause providing that if a 20,000 square foot building was not
erected within one year from the date of the deed, title would revert back to the Township of
Dover; and
WHEREAS, on February 17, 1987, the Dover Township Industrial Commission conveyed
the same property to John J. DeVincens, by deed recorded in the Ocean County Clerk's Office on
March 30, 1987 at Deed Book 4531, Page 179, which deed re-stated the restrictions as set forth in
the deed from the Township of Dover to the Dover Township Industrial Commission; and
WHEREAS, John DeVincens subsequently subdivided Lot 11 into two new lots, one of
which became a new Lot 11.02 in Block 472 and then transferred Lot 11.02 to Emil and Diane
Kaunitz by deed dated March 30, 1988 and recorded in the Ocean County Clerk's Office on April
6, 1988 in Deed Book 4652, Page 239; and
6
WHEREAS, Charles Alario is now the contract purchaser of the property; and
WHEREAS, on or about May 21, 2008, Charles Alario was granted final major site plan
approval with variances in order to develop the property for use as a diner and a bank site; and
WHEREAS, the use of the property as a bank and a diner would violate the deed
restrictions imposed by the Township of Dover; and
WHEREAS, the property has never been developed for use as a 20,000 square foot
building within one year from the date of the deed from the Township of Dover to the Township
of Dover Industrial Commission; and
WHEREAS, Ordinance No. 4123-07 approved by the Township Council on December 21,
2007 revised the zoning in the I Industrial Zone to allow restaurant uses along Route 37; and
WHEREAS, it now appears that there are no longer any need for the deed restrictions and
reverter clause imposed by the deed from the Township of Dover to the Dover Township
Industrial Commission; and
WHEREAS, the deed restrictions would be contrary to the most recent zoning enactments
by the Township of Toms River;
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of
Toms River, in the County of Ocean, and State of New Jersey, as follows:
1.
It hereby vacates the following deed restrictions and reverter clause as contained in
Deed Book 4531, Page 175:
b)
The retail sale of goods, services, or manufactured products except by purchaser to
his own employees on the premises. Any such retail use shall not be advertised in any way either
on the premises or by other means and shall not be open to the general public. No food or
beverages shall be sold at retail to anyone other than those employed by purchaser or any other
business occupying the subject premises.
c)
Furthermore, the deed shall contain a forfeiture clause as follows:
Purchaser, on behalf of itself, its heirs or assignee agrees that within one year from
the closing of title, that purchaser will begin construction of a building on the premises, said
building to have usable floor space of 20,000 square feet or more. Should purchaser fail to
undertake construction, then title will revert back to the Seller and purchaser shall forfeit all
monies paid to the Seller pursuant to this agreement. The one year time period may be extended
at the sole discretion of the Seller. This forfeiture shall run with the land.
d)
The property shall be used for industrial purposes only and there shall be no
discrimination on the basis of race, color, religion, sex, national origin, age or physical handicap,
are hereby deemed null and void.
2.
The Township attorney is hereby directed to cause to be prepared a deed
terminating said deed restrictions and reverter clause.
3.
The appropriate Township officials are hereby authorized to execute said deed in
order to terminate said deed restrictions and reverter clause.
4.
This ordinance shall take effect upon final passage and publication pursuant to
law.
5.
Since this ordinance is not legislative in nature, it need not be published in the
“Code of the Township of Toms River, New Jersey”.
6.
A copy of this ordinance shall be provided by the Office of the Township Clerk to
each of the following:
a)
b)
c)
Attorney
Jay Lynch, Planner
Marc S. Galella, Esq.
7
d)
e)
f)
g)
h)
R.C. Shea & Associates
244 Main Street
P.O. Box 2627
Toms River, N.J. 08754
Planning Board
Tax Assessor
Tax Collector
Chief Financial Officer
Engineer
A motion was made by Council Member Cassano, seconded by Council Member Donohue, and
carried, with Council Members Cassano, Hill, Donohue Maruca, and Council Member Sevastakis
voting yes, Council Members Kubiel and McGuckin absent, that the foregoing Ordinance be
adopted on first reading with publication notice as follows:
NOTICE
NOTICE IS HEREBY GIVEN that the ordinance published herewith was introduced and
passed upon first reading at a meeting of the Township Council of the Township of Toms River,
in the County of Ocean, New Jersey, held on July 22, 2008 at 6:00 p.m. It will be further
considered for final passage at a public meeting to be held in the L. Manuel Hirshblond Meeting
Room of the Municipal Building in said Township on August 12, 2008 at 6:00 p.m., or as soon
thereafter as this matter can be reached, at which time all persons interested shall be given an
opportunity to be heard concerning this ordinance. Prior to the second reading, a copy of this
ordinance shall be posted on the bulletin board in the Municipal Building and copies shall be
made available at the Township Clerk’s office in said Municipal Building to members of the
general public who shall request such copies.
J. MARK MUTTER
TOWNSHIP CLERK
APPROVED AS TO FORM:
MARK A. TRONCONE
TOWNSHIP ATTORNEY
MUNICIPAL BUILDING
33 WASHINGTON STREET
TOMS RIVER, NJ 08753
This ordinance title and purpose, together with notice, shall be published in the Asbury Park Press
in the issue of Friday, July 25, 2008.
Ordinance was adopted on first reading with Council Members Cassano, Hill, Donohue, Maruca,
and Council Member Sevastakis voting yes. Council Members Kubiel and McGuckin absent.
CONSENT AGENDA
Council Member Hill announced the consideration of the Consent Agenda and
noted if anyone had a desire to discuss an individual item it would be removed
from the Consent Agenda.
A motion was made by Council Member Maruca, seconded by Council
Member Donohue, and carried with Council Members Hill, Cassano, Donohue,
Maruca, and Council Member Sevastakis, voting yes, and with Council Members
8
Kubiel and McGuckin absent, to approve all the following items listed on the
Consent Agenda, except items D, M, N, Z, and AA, which were done separately.
RESOLUTION
July 22, 2008
WHEREAS, the following organizations have made application to conduct RAFFLES and
they have paid the required fee:
ORGANIZATION
Toms River Elks Lodge
#1875 BPOE
RL5645
TYPE OF RAFFLE
on premise
DATE
08-15-08
11-07-08
03-20-09
PTA Msgr. Donovan HS
RL5646
on premise
11-25-08
Ocean County Hunger
Relief Inc.
RL5647
On premise
casino nite
08-21-08
Holiday City Organization
Rl5648
Pull Tabs
08-08-0808-08-09
Walnut St. Elem. School
PTO
RL5650
Off premise
Calendar Raffle
October NovemberDecember 2008
WHEREAS, the Township Clerk has reported to this Council that said applications are in
order;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. That the Clerk of this Township is hereby authorized and directed to issue the RAFFLE
LICENSES to the applicants listed above, in accordance with the rules and regulations of the
Legalized Games of Chance Control Commission of the State of New Jersey.
2. The Township Clerk shall send a certified copy of this resolution to the Police
Department, for their information and records.
RESOLUTION
July 22, 2008
WHEREAS, Holiday City Organization has made application for BINGO LICENSE for
51 occasions, to wit;
8-8,15,22,29-08
9-5,12,19,26-08
10-3,10,17,24,31-08
11-7,14,21,28-08
12-5,12,19-08
01-9,16,23,30-09
2-6,13,20,27-09
3-6,13,20,27-09
4-3,10,17,24-09
9
5-1,8,15,22,29-09
6-5,12,19,26-09
7-3,10,17,24,31-09
8-1-09
and has paid the required fee; and
WHEREAS, the Clerk of this Township has reported to this Council that said application
is in order;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. That the Clerk of this Township is hereby authorized and directed to issue the BINGO
LICENSE NO. BL5649, to Holiday City Organization as set forth in the preamble hereof, in
accordance with the rules and regulations of the Legalized Games of Chance Control Commission
of the State of New Jersey.
2. That the Township Clerk shall send a certified copy of this resolution to the Police
Department for their information and records.
RESOLUTION AMENDING ORDINANCE NO. 3956-05 WHICH AMENDED
AND SUPPLEMENTED THE VEHICLES AND TRAFFIC CHAPTER OF THE
CODE OF THE TOWNSHIP OF DOVER, NEW JERSEY
(NO PARKING AND ISSUANCE OF PARKING PERMITS)
WHEREAS, Ordinance No. 3956-05 was adopted on final reading on June 28, 2005,
which amended the Vehicles and Traffic Chapter of the "Code of the Township of Dover,
New Jersey" for no-parking restrictions for the Toms River Fest which was held on July
28, July 29, July 30 and July 31, 2005; and
WHEREAS, the no-parking restrictions were in effect on the following streets:
NAME OF STREET:
Marc Drive
Hilltop Road
Colonial Drive
Suburban Drive
Avrum Drive
Lark Road
N. Curtis Place
Pleasant Court
Nanlyn Terrace
Ivan Road
Lilac Drive
Iris Court
Mistletoe Court
Meadowbrook Court
Ridgeview Court
Dallas Drive
Patrician Drive
Cokes Drive
Rivercrest Drive
Crest Road
Curtis Place
Caranne Drive
Susanna Court
Drexel Court
Morristown Drive
Aster Drive
Daffodil Court
Burntwood Trail
Ashley Place
DATES: July 28, 29, 30 and 31, 2005
(Thursday, Friday, Saturday and Sunday)
SIDES:
Both sides – All streets; and
WHEREAS, the Township Council of the Township of Toms River (formerly Township of
Dover), wishes to amend Ordinance No. 3956-05, to include the new dates for the Toms River
Fest of Saturday, August 2, and Sunday, August 3, 2008;
10
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Toms River, in the County of Ocean and State of New Jersey, as follows:
1. Ordinance No. 3956-05 is hereby amended to include the new dates for the Toms River
Fest of Saturday, August 2, and Sunday, August 3, 2008.
2. The no-parking restrictions shall be in effect for the Toms River Fest for Saturday,
August 2 and Sunday, August 3, 2008, on the following streets:
NAME OF STREET:
Marc Drive
Hilltop Road
Colonial Drive
Suburban Drive
Avrum Drive
Lark Road
N. Curtis Place
Pleasant Court
Nanlyn Terrace
Ivan Road
Lilac Drive
Iris Court
Mistletoe Court
Meadowbrook Court
Ridgeview Court
Dallas Drive
Patrician Drive
Cokes Drive
Rivercrest Drive
Crest Road
Curtis Place
Caranne Drive
Susanna Court
Drexel Court
Morristown Drive
Aster Drive
Daffodil Court
Burntwood Trail
Ashley Place
DATES: Saturday, August 2, 2008 and Sunday, August 3, 2008
SIDES: Both sides – All streets
3. The no-parking restrictions herein are supplemental to the existing Code of the Township
of Dover, notwithstanding any other “no parking restrictions”; these restrictions shall not
serve to rescind any other no parking ordinances, which shall remain in full effect.
4. Residents of the above referenced streets may obtain parking permits to park on the
above-mentioned streets during the above scheduled days, provided such parking is not
otherwise restricted. Such permits will be available upon proof of residency presented to the
Police Department, 255 Oak Avenue, Toms River Township, Ocean County, New Jersey.
Said permits must be displayed prominently and visibly while the vehicle is parked in order
for the permit to be deemed valid and effective.
5.
Any violation of this chapter shall be punishable by a fine not to exceed $50 or
imprisonment not to exceed five days, or both.
6.
A certified copy of this resolution shall be provided by the Office of the Township
Clerk to each of the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Attorney
Police Department
Chief Financial Officer
Municipal Court
Public Works
Business Administrator
Mayor Kelaher
Township Council
Parking Authority
Code Enforcement
11
RESOLUTION AUTHORIZING AWARD OF CONTRACT
TO VENDOR WITH STATE CONTRACT
JULY 22, 2008
BE IT RESOLVED by the Township Council of the Township of Toms River, in
the County of Ocean, and State of New Jersey, as follows:
1.
In accordance with the requirements of Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq., and the regulations promulgated thereunder, the following purchases
without competitive bids from a vendor with a State contract are hereby approved.
2.
Contract for the Purchase of Mechanics Tools for the Department of Public
Works, as follows:
DESCRIPTION OF ITEMS/EQUIPMENT TO BE PURCHASED:
Descrip. of Equip.
Unit Price
Gasket Scraper Set
$ 22.56
3Lb. Dead Blow Hammer
$ 33.95
5 Piece Ball Pein Hammer Set
$ 50.93
Double Face Engineer Hammer
$ 18.67
10" Pipe Wrench
$ 14.19
14" Pipe Wrench
$ 19.52
18" Pipe Wrench
$ 26.62
3 Piece Adjust. Wrench
$ 84.89
Professional Aluminum Strap Wrench $ 12.97
5/16" Long Hex Key
$ 1.17
3/8" Long Hex Key
$ 1.73
1/2" Long Hex Key
$ 4.84
7 Piece Std. Polished Combo
Wrench Set
$ 50.21
33 Piece 1/4" drive 6 Point
Standard Socket Set
$ 47.48
30 Piece 1/4" Drive 6 Point Metric
Socket Set
$ 40.29
Professional Diesel Tool Set
$2,330.68
95 Piece 3/8" & 1/2" Drive 6 Point
Standard/Metric Impact Sockets
$ 311.53
7 Piece 3/8" Drive 6 Point Standard
Laser-etched Impact Socket Set
$ 152.80
9 Piece 3/8" Drive Metric Laseretched Universal Impact Socket
metric
$ 195.25
8 Piece 1/2 Drive 6 Point Standard
Laser-etched Universal Impact
Socket Set
$ 229.20
9 Piece 1/2" Drive Metric Laseretched Universal Impact Socket
Set
$ 254.67
Punch & Chisel Holder
$
9.06
3Lb. Hand Drilling Hammer 10"
Hickory Handle
$ 12.73
20 Piece 12 Point Standard & Metric
Stubby Full Polish Combination
Wrench Set
$ 84.89
Pneumatic Right Angle Die Grinder $ 75.93
Air Cut Off Tool
$ 66.44
12 Piece 1/4 Turnn Ring Pliers Set
$ 82.65
1/2" Dr. Flex Head Ratchet
$ 28.55
6 Piece Pin Punch Set
$ 22.31
3/8" Drive, 9 Piece, 12 Point, Deep
12
Qty
Extended Cost
1
1
1
1
2
1
1
1
4
1
1
1
$
$
$
$
$
$
$
$
$
$
$
$
22.56
33.95
50.93
18.67
28.38
19.52
26.62
84.89
51.88
1.17
1.73
4.84
1
$
50.21
1
$
47.48
1
3
$
40.29
$ 6,992.04
5
$
1,557.65
3
$
458.40
3
$
585.75
3
$
687.60
3
6
$
$
764.01
54.36
3
$
38.19
3
4
4
1
3
1
$
$
$
$
$
$
254.67
303.72
265.76
82.65
85.65
22.31
Std. Socket Set
1/2" Dr. 27 Piece, 12 Point Metric
Socket Set
20 Piece Short/Long Hex Key Set
Standard
20 Piece Short/Long Hex Key Set
Metric
18 Piece 12 Point Standard Combo
Wrench Set
18 Piece 12 Point Metric Combo
Wrench Set
12" Flush Cut Saw
5 Piece Pry Bar Set
19 Piece Punch & Chisel Set
6 Piece Plier Set
6 Piece Locking Plier Set
Angled Diagonal Cutters
8" Diagonal Wire Cutter
Cotter Pin Puller
14 Drawer Long Distance Tool Cart
Contract Awarded to:
$
18.27
1
$
18.27
$
82.26
1
$
82.26
$
6.45
2
$
12.90
$
6.45
2
$
12.90
$
182.82
3
$
548.46
$
$
$
$
$
$
$
$
$
$
182.82
12.73
54.36
67.70
84.89
50.93
18.10
17.54
4.25
731.44
1
1
1
1
1
1
4
1
1
6
$
$
$
$
$
$
$
$
$
$
182.82
12.73
54.36
67.70
84.49
50.93
72.40
17.54
4.25
4,388.64
A & M Industrial Supply Co.
1414 Campbell Street
P.O. Box 1044
Rahway, N.J. 07065
State Contract No.: 66328
Maximum Amount: $18,246.93
Account No.:
X-04- -170-037
3.
The certification of funds available statement with respect to this resolution is
on file in the Office of the Township Clerk.
4.
A certified copy of this resolution shall be provided by the Office of the
Township Clerk to each of the following:
a)
b)
c)
d)
e)
Purchasing
Chief Financial Officer
Attorney
Public Works
A & M Industrial Supply Co.
1414 Campbell Street
P.O. Box 1044
Rahway, N.J. 07065
CERTIFICATION
THIS IS TO CERTIFY that the funds for the contract for vendor with State
contract with A & M Industrial Supply Co., in the total maximum amount of $18,246.93,
are available in Account No. X-04- -170-037
More specifically, the actual encumbrance of the funds will be based upon the
approval of a fully executed purchase order by the Chief Financial Officer. Said
purchase order will encumber the funds for the affected account at that time.
CHRISTINE J. MANOLIO
CHIEF FINANCIAL OFFICER
13
Dated: July 22, 2008
RESOLUTION AUTHORIZING AWARD OF CONTRACTS FOR THE SUPPLY OF
JANITORIAL SUPPLIES AND POOL CHEMICALS
JULY 22, 2008
WHEREAS, bids were received on June 18, 2008 for the Supply of Janitorial Supplies
and Pool Chemicals; and
WHEREAS, bids were received, as follows:
All American Poly
40 Turner Place
Piscataway, N.J. 08854 . . . . . . . . . . $49,112.60
All Clean Building Services, Inc.
990 Spruce Street
Lawrenceville, N.J. 08648. . . . . . . . . $46,871.76
General Linen & Paper Supply
2104 Bridge Avenue
Point Pleasant, N.J. 08742 . . . . . . . . $59,610.75
Central Poly Corporation
18 Donaldson Place
Linden, N.J. 07036 . . . . . . . . . . . . . . $76,897.80
Amsan L.L.C.
d/b/a Amsan Mid-Atlantic
26 E. Fleming Pike
Winslow, N.J. 08095. . . . . . . . . . . . . $85,407.68
Miracle Chemical Company
1151B Highway 33
Farmingdale, N.J. 07727 . . . . . . . . . $ 6,005.00
Scoles Floorshine Inc.
P.O. Box 2303
Farmingdale, N.J. 07727 . . . . . . . . . $69,613.17
WHEREAS, said bids have been reviewed by the Division of Purchasing and it is their
recommendation that contracts be awarded as follows:
All American Poly - Item Nos. 23, 25, 26, 27, 28, 29, 30 and 31, for a maximum amount of
$40,572.00
All Clean Building Services, Inc.: Item Nos. 5, 8, 9, 16, 40, 41, 45, 60, 85, 87, 88 and 128, for a
maximum amount of $22,808.00.
General Linen & Paper Supply - Item Nos. 13, 15, 20b, 32, 36, 38, 44, 50, 51, 54a, 55, 59, 70,
72, 86, 89, 90, 91, 95, 98, 100, 101, 109, 110, 111, 112, 121, 122, and 129, for a maximum
amount of $24,683.75.
Central Poly Corporation: Item Nos. 3, 22, and 24, for a maximum amount of $11,330.00.
Amsan L.L.C. d/b/a Amsan Mid-Atlantic: Items #6, 17, 19, 34, 35, 42, 43, 46, 47, 52, 57, 64,
65, 74, 75, 78, 79, 81, 82, 83, 84, 92, 93, 94, 96a&b, 97, 106, 119 and 126, for a maximum
amount of $22,874.48.
Miracle Chemical Company - Item Nos. 131 and 134, for a maximum amount of $6,005.00.
14
Scoles Floorshine Inc.: Items #1, 2, 4, 7, 12, 14, 39, 49a, 105, 107 and 108, for a maximum
amount of $55,912.42.
Total combined maximum amount of contracts - 184,185.65.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Toms River, in the County of Ocean, and State of New Jersey, as follows:
1.
It hereby awards the contract for the Supply of Janitorial Supplies and Pool
Chemicals, as follows:
All American Poly - Item Nos. 23, 25, 26, 27, 28, 29, 30 and 31, for a maximum amount of
$40,572.00
All Clean Building Services, Inc.: Item Nos. 5, 8, 9, 16, 40, 41, 45, 60, 85, 87, 88 and 128, for a
maximum amount of $22,808.00.
General Linen & Paper Supply - Item Nos. 13, 15, 20b, 32, 36, 38, 44, 50, 51, 54a, 55, 59, 70,
72, 86, 89, 90, 91, 95, 98, 100, 101, 109, 110, 111, 112, 121, 122, and 129, for a maximum
amount of $24,683.75.
Central Poly Corporation: Item Nos. 3, 22, and 24, for a maximum amount of $11,330.00.
Amsan L.L.C. d/b/a Amsan Mid-Atlantic: Items #6, 17, 19, 34, 35, 42, 43, 46, 47, 52, 57, 64,
65, 74, 75, 78, 79, 81, 82, 83, 84, 92, 93, 94, 96a&b, 97, 106, 119 and 126, for a maximum
amount of $22,874.48.
Miracle Chemical Company - Item Nos. 131 and 134, for a maximum amount of $6,005.00.
Scoles Floorshine Inc.: Items #1, 2, 4, 7, 12, 14, 39, 49a, 105, 107 and 108, for a maximum
amount of $55,912.42.
Total combined maximum amount of contracts - 184,185.65.
Term of Contract: One (1) year, effective from date of award by resolution of the Township
Council through twelve (12) consecutive months. All terms and conditions of the bid
specifications are applicable on these contracts. These will be open-ended contracts with funds
being encumbered each time an order is placed contingent upon the availability of funds in the
appropriate municipal budget year. The certification of funds available statement with respect to
this resolution is on file in the Office of the Township Clerk.
2.
The following items received no bids: Items No. 10, 11, 18, 20a, 21a&b, 33, 37,
48, 49b, 53, 54b, 56, 58, 61, 62, 63, 66, 67, 68, 69, 71, 73, 76, 77, 80, 99, 102, 103, 104, 113a&b,
114, 115, 116, 117, 118, 120, 123, 124, 125, 127, 130, 132, 133 and 135.
3.
It hereby authorizes the appropriate Township official(s) to advertise for rebid of
those items which received no bids.
4.
A certified copy of this resolution shall be provided by the Office of the Township
Clerk to each of the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
Purchasing
Chief Financial Officer
Attorney
Bey Lea Maintenance Shop
Recreation
Public Works
Police Dept.
Winding River Ice Rink
Senior Center
Youth Center
Animal Shelter
Parks, Buildings & Grounds
Bey Lea Clubhouse
15
n)
All Aforementioned Bidders
CERTIFICATION
THIS IS TO CERTIFY that the funds for the contracts awarded to:
All American Poly, for a maximum amount of $40,572.00.
All Clean Building Services, Inc., for a maximum amount of $22,808.00.
General Linen & Paper Supply, for a maximum amount of $24,683.75.
Central Poly Corporation, for a maximum amount of $11,330.00.
Amsan L.L.C. d/b/a Amsan Mid-Atlantic, for a maximum amount of $22,874.48.
Miracle Chemical Company, for a maximum amount of $6,005.00.
Scoles Floorshine Industries: for a maximum amount of $55,912.42.
Total combined maximum amount of contracts - $184,185.65, are contingent upon the availability
of funds in the appropriate municipal budget.
More specifically, the actual encumbrance of the funds will be based upon the approval of
fully executed purchase orders by the Township Comptroller. Said purchase order will encumber
the funds for the affected account at that time.
CHRISTINE J. MANOLIO
CHIEF FINANCIAL OFFICER
Dated: July 22, 2008
RESOLUTION
JULY 22, 2008
WHEREAS, the following application has been filed for TAXI DRIVER / TAXI CAB /
TAXI CAB COMPANY in accordance with Chapter 457.
Name
Type of License
Taxi Company
40-08 Maninder Singh
Taxi Driver (New)
All Star Taxi
WHEREAS, the Township Clerk has reported to this Council that said
applications and requirements are in order;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. That the Clerk of this Township is hereby authorized and
directed to issue the TAXI LICENSE to the applicants listed
above, in accordance with Chapter 457 (Taxicab and Taxicab
Drivers) the “Code of the Township of Toms River”.
2. The applicant is required to conform to all provisions of
Chapter 457 (Taxi cabs and Taxi Drivers)
3. The Township Clerk shall send a certified copy of
16
Resolution to the:
a. Police Department
b. Licensee (s)
c. Clerk’s File
d. Law Dept.
RESOLUTION AUTHORIZING THE TOWNSHIP OF TOMS RIVER
TO ADVERTISE FOR AND RECEIVE BIDS
JULY 22, 2008
WHEREAS, the Township of Toms River is desirous of receiving bid(s) for the
following project:
VARIOUS GOODS AND SERVICES:
LOCKSMITH SERVICES
OVERHEAD DOORS
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the
Township of Toms River, in the County of Ocean, and State of New Jersey, as follows:
1.
The appropriate Township Official(s) of the Township of Toms River is
hereby authorized to advertise for the receipt of bids for the above-mentioned project.
2.
The appropriate Township Official(s) is hereby authorized to prepare bid
specifications for the above-mentioned project.
3.
A certified copy of this resolution shall be provided by the Office of the
Township Clerk to each of the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
Purchasing
Chief Financial Officer
Attorney
Engineering
Parks, Buildings & Grounds
Public Works
Bey Lea Maintenance
Police Dept.
Winding River Ice Rink
Senior Center
Bey Lea Golf Course Clubhouse
Animal Shelter
Youth Services
Recreation
RESOLUTION AUTHORIZING AN AGREEMENT WITH CERTAIN
APPROVED STATE CONTRACT VENDORS
JULY 22, 2008
WHEREAS, the Township of Toms River, as a contracting unit, may without advertising for
bids, purchase any materials, supplies or equipment under any State Contract(s) for such
materials, supplies or equipment entered into on behalf of the State by the Division of Purchase
and Property in the Department of the Treasury pursuant to N.J.S.A. 40A:11-12; and
17
WHEREAS, N.J.A.C. 5:34-1.2, entitled "Contracts through State agency" provides that any
local contracting unit purchasing, pursuant to N.J.S.A. 40A:11-12, materials, supplies or
equipment under a contract entered into by the State Division of Purchase and Property shall
authorize the award of such contract by resolution of the governing body unless the contract is
awarded by a contracting agent pursuant to N.J.S.A. 40A:11-3, said regulations applicable
effective date being January, 1991; and
WHEREAS, the Township Council of the Township of Toms River intends to evidence an
agreement with the attached referenced State Contract vendors through this resolution and a
properly executed purchase order, which agreement shall be subject to all the conditions
applicable to the current State Contract; and
WHEREAS, the Township Council of the Township of Toms River authorizes the
Purchasing Agent or designated representative to purchase those certain items from an approved
New Jersey State Contract vendor within the threshold established pursuant to statute;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Toms River, in the County and Ocean, and State of New Jersey, as follows:
1.
This resolution together with a properly executed purchase order shall constitute an
agreement between the Township of Toms River and the State Contract vendors, whose names
are set forth in Exhibit A, as attached and made a part of this resolution subject to all conditions
applicable to the current State Contract(s).
2.
Pursuant to the regulations of the Local Finance Board of the State of New Jersey no
amount of this contract shall be chargeable or certified until such time as materials, supplies or
equipment are ordered or otherwise called for prior to placing the order and a certification of
availability of funds is made by the Chief Financial Officer upon receipt of a properly executed
purchase order. The authorized individual, before issuing the purchase order, shall have the
obligation of securing the necessary certification as to the availability of funds from the Chief
Financial Officer.
3.
The duration of this authorization shall be until June 30, 2009 or upon the expiration
of the vendor's State Contract, whichever occurs first.
4.
A certified copy of this resolution shall be provided by the Office of the Township
Clerk to each of the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
Attorney
Chief Financial Officer
Purchasing
Public Works
Police Dept.
Recreation
Bey Lea/Public Lands
Ice Rink
Buildings & Grounds
EXHIBIT "A"
VENDOR
STATE CONTRACT NUMBER
ITEMS
3M
68374
REFLECTIVE SHEETING
AIR BRAKE & EQUIP.
56246
REPAIR
SERVICES/VEHICLES
>11,500#
AUTO ZONE
71188
AUTO PARTS/ACCESSORIES-
18
LT. DUTY VEHICLES
AVAYA INC.
42285
TELECOMM. EQUIP.– WIRED
BILLOWS ELECTRIC
55988
LAMPS, INCAND., HID,
FLUOR.
CARTUN HARDWARE
63996
PAINTS & SUPPLIES
55079
56252
PARTS OVER 11,500
REPAIR
SERVICE/VEHICLES
11,500
REPAIR
SERVICES/HEAVY
DUTY TRUCKS. BUSES >
11,500# GVWR
PARTS HEAVY DUTY
TRUCKS/BUSES OVER
11,500 GVWR EX REPAIRS
CCC HEAVY DUTY TRUCK
PARTS
56237
55135
CHERRY VALLEY FORD
TRACTOR
47711
LAWN/GROUNDS MAINT.
EQUIP.
DELTA PRODUCTS
66329
HAND TOOLS
DEPTCOR STATE USED
INDUSTRIES
49131
STATE USE PRODUCTS
50803
REPAIR SERV./MOTOR
57709
AUTOMOTIVE PARTS
EAGLE POINT GUN
67873
POLICE EQUIP. &
SUPPLIES
EAST COAST EMERGENCY
LIGHTING
67879
POLICE EQUIP. &
SUPPLIES
EDMUNDS & ASSOCIATES
81201
MINI/MICRO COMPUTERS
GENERAL SPRING
56228
REPAIR SVCS. HD
TRUCKS/BUSES
GOODYEAR
71688
TIRES & TUBES
GRAN TURK EQUIPMENT
69717
PARTS/REPAIRS FOR ROAD
MAINT. EQUIP.
H.A. DEHART & SON
56265
REPAIR
SERVICES/VEHICLES
>11,500#
PARTS ONLY/VEHICLES
>11,500#
DOWNS FORD
VEHICLES
55133
HOOVER TRUCK CENTER
55081
19
PARTS HEAVY DUTY
TRUCKS/BUSES OVER
11,500 LBS. GVWR
EXCL. REPAIRS
IMAGE ACCESS CORP.
63530
MICROGRAPH
EQUIP/SER./MAINT.
JOHNSON & TOWERS
56231
REPAIR SVCS. HD
TRUCKS/BUSES
JEWEL ELECTRIC
66163
55989
ELECTRICAL EQUIP. &
SUPPLIES
LAMPS, ELECTRIC
JERSEY POWER EQUIPMENT
47710
LAWN & GROUNDS MAINT.
LAKEWOOD AUTO SUPPLY
57024
SPARK PLUGS, FILTERS,
PVC VAL.
LANIGAN ASSOC. INC.
67875
POLICE SUPPLIES/EQUIP.
LAWMEN SUPPLY CO. OF
N.J.
69497
POLICE HOMELAND
SECURITY
SUPPLIES/EQUIP.(REBID)
POLICE HOMELAND
SECURITY
SUPPLIES/EQUIP.
UNIFORMS (NJ STATE
POL.) CLASS A,B
MECHANIC & MAINT.
67872
67019
LEE BATTERY
60970
BATTERIES AUTO/TRUCK
MERCER SPRING
55128
PARTS ONLY/VEHICLES
>11,500#
MICROGRAPHIC COMPUTER
SERVICES
46706
OFFICE EQUIP.
MAINT.
MONROE SYSTEMS FOR
BUSINESS
52523
CALCULATORS
MOTOROLA COMMUNICATIONS
53804
RADIO COMMUNICATIONS
NATIONAL PARTS SUPPLY
57014
SPARK PLUGS, FILTERS,
PVC VAL.
NORTH EAST EQUIPMENT
47718
LAWN & GROUNDS MAINT.
EQUIP.
EQUIP. PARTS & REPAIRS
LAWN/GROUND
67760
OFS SALES CORP.
70302
FURNITURE,
OFFICE/LOUNGE NONMODULAR & FILES
OLD DOMINION BRUSH
69723
PARTS/REPAIR FOR ROAD
MAINT. EQUIP.
PHILADELPHIA TURF CO.
67772
PARTS & REPAIRS
LAWN/GROUND
EQUIP.
20
PHONE EXTRA
42285
AVAYA SUB-CONTRACTOR
PITNEY BOWES
63753
MAILROOM EQUIP. MAINT.
VARIOUS STATE AGENCIES
QUALITY COMM. & ALARM
53766
RADIO COMM. EQUIP. &
ACCESS
ROYAL BATTERY
60971
BATTERIES, AUTO & TRUCK
RUMSEY ELECTRIC (SEE
TAB ELEC.)
55991
LAMPS, INCANDESCENT,
FLOURES.
68052
51143
COPIERS, DIGITAL COLOR
GSA/FSS REPROGRAPHIC
SCH.
56241
REPAIR SVCS.
TRUCKS/BUSES
>11,500#
PARTS & REPAIR
LAWN/GROUND
EQUIP.
SHARP
SEELY EQUIPMENT &
SUPPLY
67755
SNAP ON TOOLS
66332
66103
HAND TOOLS
POWER TOOLS
SP AUTO PARTS
56996
SPARK PLUGS,
FILTERS,PVC VAL.
STANDARD FUSEE CORP.
62803
TRAFFIC FLARES
STORR TRACTOR
67764
PARTS & REPAIR FOR
LAWNS/
GROUND EQUIP.
TAB ELECTRIC
(SEE RUMSEY)
55991
LAMPS, INCANDESCENT,
FLOURES. LOW MURCURY
TEKTRON CORP.
53752
RADIO COMM. EQUIP.
TOTAL LUBRICATION
SERVICES
70844
AUTO LUBE/ENGINE/GEAR
OILS, GREASES, AFT/
HYDRAULIC OIL
TRENDWAY CORP.
62184
FURNITURE, COMP/ELECT.
SUP.
OFFICE & LOUNGE
FURNITURE
OPEN PLAN/LANDSCAPE
70303
57070
TRENTON BRAKES
55127
PARTS ONLY/VEHICLES
>11,500#
VAN SANT EQUIPMENT
57002
SPARK PLUGS, FILTERS,
PC VAL.
PARTS & REPAIR
LAWN/GROUND
67763
21
REPAIR
VANDERMOLEN CORPORATION
47717
LAWN & GROUNDS MAINT.
EQUIP.
VERIZON
64428
WIRELESS DEVICES (CELL)
WAINWRIGHT LAWN
& GARDEN
67768
PARTS/REPAIRS LAWN/GR.
EQ.
WILFRED MACDONALD
59074
PARKS & PLAYGROUND
EQUIP.
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS
TO SOLICIT FOR AND RECEIVE WRITTEN QUOTATIONS
FOR VARIOUS SIZE FLAP AND PINCH VALVES
JULY 22, 2008
WHEREAS, it has been brought to the attention of the Township Council of the
Township of Toms River that the Department of Public Works is desirous of soliciting for
and receiving written quotations for the following item(s):
VARIOUS SIZE FLAP AND PINCH VALVES FOR THE
DEPARTMENT OF PUBLIC WORKS
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the
Township of Toms River, in the County of Ocean, and State of New Jersey, as follows:
1.
The Department of Public Works is hereby authorized to solicit for and
receive written quotations for the above-mentioned items.
2.
A certified copy of this resolution shall be provided by the Office of the
Township Clerk to each of the following:
a)
b)
c)
d)
e)
f)
Purchasing
Chief Financial Officer
Attorney
Public Works
Administrator
Township Council
RESOLUTION AUTHORIZING PAYMENT
FOR THE 2008 SUMMER THEATER/DRAMA PROGRAM
JULY 22, 2008
WHEREAS, the Township of Toms River sponsors a Summer Theater/Drama
Program; and
22
WHEREAS, in order to sponsor the aforesaid, it is necessary to retain the
extraordinary unspecifiable services of musicians and various support personnel; and
WHEREAS, the total amount of the contract awarded under this resolution is
$250.00, and funds are available in Account No. 8-01- -G79-534; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) permits the
awarding of contracts for extraordinary unspecifiable services without competitive bids;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Toms River, in the County of Ocean, and State of New Jersey, as follows:
1.
It hereby retains the Extraordinary Unspecifiable Services of the following in
the following amount:
a)
Daniel Musico .(Lighting Technician) . . . . . . . . . . . . . . . . . . . . $250.00
2.
Since the total amount of the contract awarded under this resolution shall not
exceed $21,000.00, fully executed purchase orders shall serve as the necessary
contract documentation between the parties hereto. The certification of funds available
statement with respect to this resolution is on file in the Office of the Township Clerk.
The aforesaid payment is authorized pursuant to Sec. 6A-8 of the "Code of the Township
of Toms River, New Jersey."
3.
This contract is awarded without competitive bidding as an "extraordinary
unspecifiable service" in accordance with 40A:11-5(1)(a) of the Local Public Contracts
Law of New Jersey.
4.
A notice of this action shall be published in the Asbury Park Press.
5.
A certified copy of this resolution shall be provided by the Office of the
Township Clerk to each of the following:
a)
b)
c)
d)
e)
Chief Financial Officer
Attorney
Purchasing
Recreation
Daniel Musico
175 Cranberry Road
Toms River, N.J. 08753
CERTIFICATION
THIS IS TO CERTIFY that the funds for the extraordinary unspecifiable services
contract for the 2008 summer theater/drama program, are available in Account No.
8-01- -G79-534, in the total maximum amount of $250.00, for the following, in the
following amount:
a)
Daniel Musico (Lighting Technician) . . . . . . . . . . . . . $250.00
More specifically, the actual encumbrance of the funds will be based upon the
approval of fully executed purchase orders by the Chief Financial Officer. Said purchase
orders will encumber the funds for the affected account at that time.
CHRISTINE MANOLIO
CHIEF FINANCIAL OFFICER
Dated: July 22, 2008
23
RESOLUTION AUTHORIZING THE SALE OF ABANDONED AND/OR
UNCLAIMED MOTOR VEHICLES PURSUANT TO N.J.S.A.
39:10A-1 ET SEQ.
July 22, 2008
BE IT RESOLVED by the Township Council of the Township of Toms River, in the
County of Ocean, and State of New Jersey, as follows:
1.
It hereby authorizes the sale at public auction of the following abandoned and/or
unclaimed motor vehicles pursuant to the provisions of N.J.S.A. 39:10A-1 et seq., on Wednesday,
August 13, 2008 at 10:30 a.m. at Grone’s Wrecker Service, 2337 Route 9, Toms River, N.J.
Vehicles For Auction with Junk Titles:
1)
1992 Honda
VIN #JH2RC380XNM100635
2) 1996 Chevy
VIN #1G1JF5247T7140969
3)
VIN #1N4BU31D7SC176549
1995 Nissan
2.
A certified copy of this resolution shall be provided by the Office of the Township
Clerk to each of the following:
a)
b)
c)
d)
e)
f)
Attorney
Chief Michael G. Mastronardy
Comptroller
Grone’s Wrecker Service
2337 Route 9
Toms River, N.J. 08755
Law Enforcement
Laurie Knemoller, Clerk’s Office
LEGAL NOTICE
TOMS RIVER TOWNSHIP
PUBLIC SALE
1.
TAKE NOTICE that the undersigned shall expose for sale in accordance with R.S.
39:10A-1, at public auction on Wednesday, August 13, 2008 at 10:30 a.m. at Grone’s Wrecker
Service, 2337 Rt. 9, Toms River, NJ 08755, the below described motor vehicle(s) which came
into the possession of the Toms River Township Police Department through abandonment or
failure to claim same within 30 days. The public auction will take place at the above indicated
date, times and location(s). The motor vehicle(s) may be examined at the indicated location(s)
Monday through Friday, 9:00 a.m. to 5:00 p.m.
All vehicle(s) listed have clear title. Failure to inspect said vehicle(s) will not be considered
as cause for any claim for adjustment whatsoever. ALL SALES WILL BE FINAL. Opening
bid will be equal to towing fees. Cash or check will be required at the time of the sale when the
sale is completed. Vehicle(s) must be removed from the premises at the purchaser’s expense
within 48 hours of sale date.
GRONES WRECKER SERVICE
2337 Rt. 9
Toms River, NJ 08755
August 13, 2008 at 10:30 a.m.
24
Vehicles For Auction:
Year
Make
Vin#
1) 1992 Honda
2) 1996 Chevy
VIN #JH2RC380XNM100635
VIN #1G1JF5247T7140969
3)
VIN #1N4BU31D7SC176549
1995 Nissan
GRONES WRECKER SERVICE
2337 Rt. 9
Toms River, NJ 08755
August 13, 2008 at 10:30 a.m.
RESOLUTION CONFIRMING THE PERMANENT
APPOINTMENT OF PATROLMAN JAMES SKRIPKO #352
AND PATROLMAN JASON STALLWORTH #353
July 22, 2008
WHEREAS, Michael G. Mastronardy,Chief of Police of the Township of Toms River
Police Department, under date of June 30, 2008, has certified to this Township Council
that the following have served their probationary period of one year and that they be
granted permanent appointment effective June 4, 2008;
Patrolman James Skripko #352
Patrolman Jason Stallworth #353
WHEREAS, this Township Council has considered said recommendation of said
Chief of Police and has determined that said recommendations be followed:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. That the appointees listed above, having served their one year probationary
period, be and they are hereby granted permanent appointment effective June 4, 2008.
2. Township Clerk shall send a certified copy of this resolution to each of the
following:
a.
b.
c.
d.
e.
Comptroller
Chief of Police
Personnel
Attorney
Each appointee listed above
RESOLUTION AUTHORIZING A FAMILY FEDERAL LEAVE OF ABSENCE FOR
LYNDA VALERI, MAYOR’S ASSISTANT, MAYOR’S OFFICE
July 22, 2008
WHEREAS, pursuant to the Federal Family Leave Act, Linda Valeri, Mayor’s Assistant,
Pension #1271840, has requested an intermittent thirty (30) day leave of absence for medical
reasons, 2ND request, without pay from July 1, 2008 through August 1, 2008; and
25
WHEREAS, said leave of absence has been approved by the Department Head in charge;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. It hereby approves a four (4) week intermittent leave of absence for medical reasons,
2nd request, to Linda Valeri, Mayor’s Assistant, Pension #1271840, pursuant to the Federal
Family Leave Act, for a period to commence on July 1, 2008 through August 1, 2008. The
Township shall maintain health benefits for the aforementioned employee, pursuant to U.S.C.A.
29 Section 2601 et seq.
2. Township Clerk shall send a certified copy of this resolution to each of the following:
a.
Comptroller
b. Attorney
c.
Personnel
d. Department of the Treasury
Division of Pensions
PO Box 295
Trenton, NJ 08625-0295
e.
Linda Valeri
123 Trinidad Avenue
Toms River, NJ 08751
f.
Mayor
RESOLUTION AUTHORIZING A FEDERAL FAMILY LEAVE OF ABSENCE FOR
JAMIE HERMAN, CASHIER/ CLERK, PERMIT & INSPECTION DEPARTMENT
July 22, 2008
WHEREAS, Jaime Herman, Grade 3 Cashier/Clerk, Building Department, Pension
#1287885, has applied for a leave of absence for medical reasons, second request, pursuant to the
Federal Family Leave Act; and
WHEREAS, the Township Council has determined that the aforesaid employee is entitled
to a leave of absence pursuant to that Act;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. It hereby approves a four (4) week leave of absence for medical reasons second
request, Jaime Herman, Grade 3 Cashier/Clerk, Building Department, Pension #1287885,
pursuant to the Federal Family Leave Act, for a period to commence on July 1, 2008 through July
29, 2008. The Township shall maintain health benefits for the aforementioned employee,
pursuant to U.S.C.A. 29 Section 2601 et seq.
2. Township Clerk shall send a certified copy of this resolution to each of the following:
a.
b.
c.
d.
e.
f.
Comptroller
Attorney
Personnel
Building Department
Department of the Treasury
Division of Pensions
PO Box 295
Trenton, NJ 08625-0295
Jaime Herman
26
RESOLUTION
July 22, 2008
WHEREAS, the Toms River Township Engineer has conducted an inspection of the
improvements currently on a performance bond for a Major Subdivision entitled Cedar Hill
Estates, Block 608, Lots 11, 39, 40, 41 (Cedar Grove Road); and
WHEREAS, the Township Engineer has reported that said improvements have been
constructed in accordance with township standards and hereby recommends release of
Performance Guarantees and a waiver of maintenance guarantee requirements;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. Cash Performance Bond dated August 26, 2002, in the amount of $8,400.00, currently
on deposit in #9-14- -902-101, is hereby released with applicable interest.
2.
Original Surety Bond #B12680387, dated June 20, 2002, In the amount of
$75,600.00, between Arya Properties, Inc. as Principal and Ram Arya as co-principals and Gulf
Insurance Company as Surety, is hereby released.
3. The posting of a Maintenance Guarantee be, and the same is hereby waived.
4. Township Clerk shall send a certified copy of this resolution to each of the following:
a.
b.
c.
d.
e.
f.
Engineer
Attorney
Comptroller
TRMUA
Building Dept.
Arya Properties
20 Gumani Court
Freehold, NJ 07728
Attn: Ram Arya
RESOLUTION
July 22, 2008
WHEREAS, the Toms River Township Engineer has conducted an inspection of the
improvements currently on Maintenance Bond for a Major Site Plan entitled Howard Johnson
Motor Lodge, Block 645, Lot 9 (955 Hooper Avenue); and
WHEREAS, the Township Engineer has reported that said improvements have been
maintained in accordance with township standards and recommends release of Maintenance
Guarantee;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. Original Maintenance Cash Bond dated November 22, 2006, in the amount of 700.00,
currently on deposit in account #9-14- -902-101, is hereby released with applicable interest.
2. Township Clerk shall send a certified copy of this resolution to each of the following:
a.
b.
c.
Engineer
Attorney
Comptroller
27
d.
Howard Johnson Hotel
955 Hooper Avenue
Toms River, NJ 08753
Attn: Christopher Pappas
RESOLUTION
July 22, 2008
WHEREAS, the Toms River Township Engineer has conducted an inspection of the
improvements currently on Maintenance Bond for a Major Site Plan entitled Shore Community
Bank, Block 591.25, Lot 26.01 (1012 Hooper Avenue); and
WHEREAS, the Township Engineer has reported that said improvements have been
maintained in accordance with township standards and recommends release of Maintenance
Guarantee;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. Maintenance Cash Bond dated July 6, 2006, in the amount of $13,700.00, currently on
deposit in account #9-14- -902-101, is hereby released, with applicable interest.
2. Township Clerk shall send a certified copy of this resolution to each of the following:
a.
b.
c.
d.
Engineer
Attorney
Comptroller
Shore Community Bank
1012 Hooper Avenue
Toms River, NJ 08753
Attn: Rosemary Cardone, AVP/Controller
RESOLUTION
July 22, 2008
WHEREAS, Arya Properties, Inc., developer of a Major Subdivision entitled Eagle Ridge,
Block 540.08, Lots 16, 17 (Maplecrest South Road), has made application for the approval and
acceptance of streets, avenues or roads as Public Highways as shown on a map entitled Eagle
Ridge; and
WHEREAS, the Township Engineer has made an inspection of said Major Subdivision
and finds that all improvements have been satisfactorily completed, and due to the period of time
this bond has been in effect recommends the maintenance guarantees be waived and roadway
form accepted; and
WHEREAS, the Township Engineer has recommended the release of the Performance
Guarantees;
1.
Original Cash Bond dated October 31, 2000 in the amount of $40,500.00, currently on
deposit in account #9-14- -902-101, is hereby released with applicable interest.
2.
Original Surety Bond #S05764 with Arya Properties Inc. as Principal and First Indemnity
Insurance Company as Surety in the amount of $364,500.00, dated September 27, 2001, is hereby
released.
28
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF DOVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, as
follows:
1. The following streets are hereby approved and accepted as public thoroughfares to be
hereinafter maintained as part of the public road system of the Township of Dover:
FROM
NAME
S. Maplecrest
Court
Mapletree Rd.
TO
APPROX. LENGTH
End of
Cul-de-sac
650 feet
2. Township Clerk and other Township officials shall take steps necessary to effectuate
the provisions of this resolution including the execution of appropriate instruments and delivery
thereof to the parties in interest.
3. Township Clerk shall send a certified copy of this resolution to each of the following:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
Comptroller
Public Works
Planning Board
Engineer
Construction and Inspection Services
Attorney
Police Department
Tax Assessor
TRMUA
Accept street file
Arya Properties
20 Gumani Court
Freehold, NJ 07728
Attn: Kapoor Singh
Public Lands
RESOLUTION AUTHORIZING BUDGET APPROPRIATIONS
RESERVE TRANSFERS
July 22, 2008
WHEREAS, N.J.S.A. 40A:4-59 permits the Township of Toms River to transfer funds
between FY08 Budget Appropriations Reserve accounts during the first three months of the
succeeding fiscal year;
NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of
Toms River, in the County of Ocean and State of New Jersey, that the following transfer be made
between FY08 Budget Appropriation Reserves, as follows:
“Inside Cap”
Transfer To
Electricity and Natural Gas (Electricity)
Other Expenses
$25,000.00
General Government (Dept. of Administration)
Purchasing
Salaries and Wages
1,100.00
Code Enforcement
Salaries and Wages
6,800.00
Director of Parks, Bldgs. & Grounds
Salaries and Wages
2,500.00
29
Transfer From
$
Department of Parks & Recreation
Recreation Administration
Salaries and Wages
900.00
Department of Engineering Services
Engineering Services (Engineering Services
and Costs)
Salaries and Wages
Other Expenses
900.00
300.00
Division of Economic Development
Salaries and Wages
4,700.00
Municipal Court
Salaries and Wages
200.00
Petroleum Products (Gasoline)
Other Expenses
33,000.00
Total Current Operating Budget
$37,700.00
$37,700.00
WINDING RIVER UTILITY
Operating
Salaries and Wages
Other Expenses
$34,000.00
Total Winding River Utility Budget
$34,000.00
$ 34,000.00
$ 34,000.00
A certified copy of this resolution shall be provided by the Office of
the Township Clerk to each of the following:
a)
b)
c)
Auditor
Chief Financial Officer
Affected Department Heads
Approved as to Content
______________________
RESOLUTION RATIFYING AND AFFIRMING A MEMORANDUM OF AGREEMENT
BETWEEN THE TOWNSHIP OF TOMS RIVER AND THE FIREMEN'S MUTUAL
BENEVOLENT ASSOCIATION, LOCAL NO. 383, AND AUTHORIZING A NEW ITEM
#5 ALS SERVICES TO BE INCORPORATED INTO THE EXISTING MEMORANDUM
OF AGREEMENT BETWEEN THE TOWNSHIP OF TOMS RIVER AND THE
FIREMEN’S MUTUAL BENEVOLENT ASSOCIATION, LOCAL NO. 383
JULY 22, 2008
WHEREAS, on June 10, 2008, a Memorandum of Agreement was entered into
between the Township of Toms River and the Firemen's Mutual Benevolent Association,
Local 383, for a collective bargaining agreement to begin on July 1, 2007 and expiring
on June 30, 2011; and
WHEREAS, the Township Council wishes to ratify and affirm the Memorandum of
Agreement entered into between the Township of Toms River and the Firemen's Mutual
Benevolent Association, Local 383, for a collective bargaining agreement to begin on
July 1, 2007 and expiring on June 30, 2011; and
30
WHEREAS, the Township Council further wishes to amend the existing Item #5
ALS Certification to new Item #5 ALS Services and incorporate same into the body of the
Memorandum of Agreement dated June 10, 2008, to read as follows:
Item #5 ALS Services. At such time as the State of New Jersey
permits the Township to provide advanced life support services, those
CSO's who are certified as MICP's (Mobile Intensive Care Paramedics)
shall perform at that advanced level. This change shall not alter the
compensation and wages outlined in this agreement. Advanced Life
Support (ALS) shall become part of the job description for all CSO
employees who have MICP certification.
BE IT RESOLVED by the Township Council of the Township of Toms River, in the
County of Ocean, and State of New Jersey, as follows:
1.
It hereby ratifies and affirms the Memorandum of Agreement dated June
10, 2008, entered into between the Township of Toms River and the Firemen's Mutual
Benevolent Association, Local 383, for a collective bargaining agreement to begin on
July 1, 2007 and expiring on June 30, 2011
2.
It hereby further authorizes the amended language to be incorporated into
the body of the Memorandum of Agreement dated June 10, 2008 entered into between
the Township of Toms River and the Firemen's Mutual Benevolent Association, Local
383, for a collective bargaining agreement to begin on July 1, 2007 and expiring on June
30, 2011, as follows:
Item #5 ALS Services.
At such time as the State of New Jersey permits the
Township to provide advanced life support services, those CSO's who are
certified as MICP's (Mobile Intensive Care Paramedics) shall perform at that
advanced level. This change shall not alter the compensation and wages outlined
in this agreement. Advanced Life Support (ALS) shall become part of the job
description for all CSO employees who have MICP certification.
3.
A certified copy of this resolution shall be provided by the Office of the
Township Clerk to each of the following:
a)
b)
c)
d)
e)
f)
g)
h)
Attorney
Administrator
Chief Financial Officer
Personnel
Firemen’s Mutual Benevolent Association
Local No. 383
Robert Brower
5 Lawrence Drive
Brick, N.J. 08724
Chief Michael Mastronardy
Sean Moynihan, Police Dept.
Payroll
RESOLUTION AUTHORIZING A CONTRACT FOR PROFESSIONAL
LEGAL SERVICES TO BONNIE R. PETERSON, ESQ. AS
CONFLICT MUNICIPAL PROSECUTOR
JULY 22, 2008
WHEREAS, there exists a need for the retention of professional legal services with respect
to a conflict municipal prosecutor in certain matters due to a conflict; and
WHEREAS, the amount of the contract to be awarded under this resolution is at a rate of
$135.00 per hour for a total maximum amount not to exceed $1,000.00 for the conflict municipal
prosecutor; and
31
WHEREAS, the Local Public Contracts Law of New Jersey, N.J.S.A. 40A:11-1, et seq.,
requires that the award of contracts for professional services without competitive bids be
available for public inspection; and
WHEREAS, this award is subject to campaign contribution reform laws as set forth in
N.J.S.A. 19:44A-20.4, et. seq. and the Toms River Township Administrative Code § 84-1,
“Prohibition on awarding public contracts to certain contributors.”; and
WHEREAS, this firm has completed and submitted a Business Entity Disclosure
Certification which certifies that this firm has not made any contributions in contravention of
New Jersey’s “Pay-to-Play Law”, N.J.S.A. 19:44A-20.4, et. seq. and pursuant to the Township of
Toms River Administrative Code, Chapter 84-1 et. seq., and that this firm has acknowledged that
the contract will prohibit it from making any contributions in violation of state or local laws
through the term of the contract.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Toms River, County of Ocean, State of New Jersey, as follows:
1.
It hereby authorizes the award of contract to Bonnie R. Peterson, Esq., as conflict
municipal prosecutor, at the rate of $135.00 per hour, for a total maximum amount not to exceed
$1,000.00, and funds are available in Account No. 9-01- -A04-534 contingent upon adoption of
the FY2009 municipal budget. The certification of funds available statement with respect to this
resolution is on file in the Office of the Township Clerk. Term of Contract – Commencing on
July 22, 2008 and terminating on December 31, 2008.
2.
This contract is awarded without competitive bidding as a “professional service” in
accordance with R.S. 40A:11-5(1)(a) of the Local Public Contracts Law of New Jersey.
3.
Since the total amount of this contract shall not exceed the statutory threshold, fully
executed purchase orders shall serve as contract documentation between the parties hereto.
4.
A notice of this action shall be published in the Asbury Park Press.
5.
A certified copy of this resolution shall be provided by the Office of the Township
Clerk to each of the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
Attorney
Chief Financial Officer
Police Department
Municipal Court
Purchasing
Mayor
Township Council
Administrator
Bonnie R. Peterson, Esq.
1201 S.W. Central Avenue
P.O. Box J
Seaside Park, NJ. 08752
Citta, Holzapfel & Zabarsky
248 Washington Street
P.O. Box 4
Toms River, N.J. 08754
Attn: Steven A. Zabarsky, Esq.
CERTIFICATION
THIS IS TO CERTIFY that the funds for the professional legal services contract with
Bonnie R. Peterson, Esq., at the rate of $135.00 per hour, for a total maximum amount not to
exceed $1,000.00, are available in Account No. 9-01- -A04-534 subject to adoption of the
FY2009 municipal budget.
32
More specifically, the actual encumbrance of the funds will be based upon the approval of
fully executed purchase orders by the Chief Financial Officer. Said purchase orders will
encumber the funds for the affected account at that time.
CHRISTINE MANOLIO
CHIEF FINANCIAL OFFICER
Dated: July 22, 2008
AMENDMENT TO RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT
FOR PROFESSIONAL LEGAL SERVICES TO MICHAEL J. GROSS, ESQ., OF THE
FIRM OF GIORDANO, HALLERAN & CIESLA, PC
JULY 22, 2008
WHEREAS, the Township of Toms River has a need for the retention of professional
legal counsel relating to Ciba Specialty Chemicals Corporation v. Township of Dover, et als.,
Docket No. L-0CN-1686-06 PW; and
WHEREAS, resolution of the Township Council dated June 10, 2008 authorized the
retention of the professional legal services of Michael J. Gross, Esq. of the firm of Giordano,
Halleran & Ciesla, PC, in the amount of $3,500.00, in connection with the case of Ciba Specialty
Chemicals Corporation v. Township of Dover, et als., Docket No. L-OCN-1686-06 PW; and
WHEREAS, this award is subject to campaign contribution reform laws as set forth in
N.J.S.A. 19:44A-20.4 et. seq. and pursuant to the Township of Toms River Administrative Code,
Chapter 84-1 et. seq.; and
WHEREAS, this firm has completed and submitted a Business Entity Disclosure
Certification which certifies that this firm has not made any contributions in contravention of
New Jersey’s “Pay-to-Play Law”, N.J.S.A. 19:44A-20.4, et. seq. and pursuant to the Township of
Toms River Administrative Code, Chapter 84-1 et. seq., and that Michael J. Gross, Esq., of the
firm of Giordano, Halleran & Ciesla, PC, has acknowledged that the contract will prohibit it from
making any contributions in violation of state or local laws through the term of the contract; and
WHEREAS, this amended contract is awarded without competitive bidding as a
“professional service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts
Law of New Jersey;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Toms
River approves the amended contract award at the rate of $220.00 per hour, for an amended
amount of $5,000.00, for a total maximum amended amount not to exceed $8,500.00 (previously
awarded $3,500.00), and authorizes the Mayor to enter into a contract with Michael J. Gross,
Esq., of the firm of Giordano, Halleran & Ciesla, PC, at the rate of $220.00 per hour, for a total
maximum amount not to exceed $8,500.00 (amended amount of $5,000.00), for a term
commencing on June 10, 2008 through December 31, 2008, subject to the execution of a contract,
the availability of funds in the FY08 budget and subject to the availability of funds and the
adoption of the FY09 budget. The certification of funds available statement with respect to this
resolution is on file in the Office of the Township Clerk.
BE IT FURTHER RESOLVED that the award of this professional service contract is
being made in conformance with N.J.S.A. 19:44A-20.4 et seq. and pursuant to the Township of
Toms River Administrative Code, Chapter 84-1 et. seq.
BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification be
placed on file in the Office of the Township Clerk with this Resolution; and
BE IT FURTHER RESOLVED THAT notice of this contract award shall be published
within 10 days of the within the date of this Resolution, in the official newspaper of the Township
of Toms River.
33
A certified copy of this resolution shall be provided by the Office of the Township Clerk
to each of the following:
a)
b)
c)
d)
e)
f)
g)
Township Attorney
Chief Financial Officer
Purchasing
Mayor Kelaher
Twp. Administrator
C. Asay, Clerk’s Office
Michael J. Gross, Esq.
Giordano, Halleran & Ciesla, PC
P.O. Box 190
Middletown, N.J. 07748
CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO
LOCAL PUBLIC CONTRACT LAW
The contract awarded on the attached Resolution is an open-ended
contract and, accordingly, pursuant to NJAC 5:30-5.5 the availability of funds
cannot be certified at this time. However, funds will be certified at such time as
goods or services are ordered or otherwise called for. Prior to incurring the
liability, by placing the order, the certification of available funds shall be made by
the Chief Financial Officer or certifying officer, as appropriate, and attached to the
file copy of the purchase order or other such document. Furthermore, pursuant to
NJAC 5:30-5.5(c)(2), this contract does not coincide with the fiscal year and,
therefore, these contracts may also be subject to the adoption of the FY09 budget
and/or the adoption of appropriate Capital Ordinances.
________________________________
CHRISTINE MANOLIO
CHIEF FINANCIAL OFFICER
Dated: July 22, 2008
Carol Benson questioned this Resolution. Discussion ensued.
A motion was made Council Member Maruca, seconded by Council Member
Sevastakis, and carried with Council Members Cassano, Donohue. Hill, Maruca,
and Council Member Sevastakis voting yes, Council Members Kubiel and
McGuckin absent, to approve the following Resolution.
RESOLUTION REJECTING BID RECEIVED FOR THE
IMPROVEMENTS TO WINDING RIVER PARK
JULY 22, 2008
WHEREAS, bids were received on June 19, 2008 for the Improvements to Winding River
Park; and
WHEREAS, bids were received, as follows:
B&B Construction
175 Ramtown Greenville Road
Howell, N.J. 07731 . . . . . . . . . . . . . Excessive
34
Roc Z Industries, Inc.
1700 Beacon Street
Toms River, N.J. 08757 . . . . . . . . . . . Excessive
Earle Asphalt Company
P.O. Drawer 556
Farmingdale, N.J. 07727 . . . . . . . . . . Excessive
Cypreco Industries, Inc.
1420 9th Avenue
P.O. Box 8212
Neptune, N.J. 07753 . . . . . . . . . . . . Excessive
WHEREAS, recommendation has been made by Frank Sadeghi, Township Engineer that the
bids received be rejected as excessive, pursuant to N.J.S.A. 40A:11-13.2 (21a,b);
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Toms River, in the County of Ocean, and State of New Jersey, as follows:
1.
It hereby rejects the above-mentioned bids as excessive, pursuant to N.J.S.A. 40A:1113.2 (21a,b).
2.
No formal action will be taken at this time.
3.
A certified copy of this resolution shall be provided by the Office of the Township
Clerk to each of the following:
a)
b)
c)
d)
e)
Purchasing
Chief Financial Officer
Attorney
Engineering
Aforementioned bidders
Carol Benson, Dennis Galante, and Marie Mangieleri spoke regarding the
following two Resolutions and the cost to the Township.
Township Clerk Mutter indicated that both Resolutions were amended to require
fees to be paid to the Township.
A motion was made Council Member Maruca, seconded by Council Member
Donohue, and carried with Council Members Cassano, Donohue. Hill, Maruca,
and Council Member Sevastakis voting yes, Council Members Kubiel and
McGuckin absent, to approve the following Amended Resolutions.
RESOULUTION AUTHORIZING THE TOWNSHIP OF TOMS RIVER
TO HOLD TOMS RIVER FEST ON AUGUST 2ND AND 3RD 2008 AND
ALLOWING USE OF FIREWORKS
JULY 22, 2008
WHEREAS, Toms River Fest has made application to hold a Carnival on August 2nd &
3 , 2008, on Lot 2, Block 572, at Toms River High School North, in the Township of Toms
River, County of Ocean, State of New Jersey; and
rd
WHEREAS, the Clerk of this Township has reported to this Council that said application
is in order, and
WHEREAS, a Fireworks permit application for the Toms River Fest event had been
submitted to the Township of Toms River Bureau of Fire Prevention; and
35
WHEREAS, fireworks will be displayed each night of the event which commences on
Saturday, August 2, 2008 & concludes Sunday, August 3, 2008; and
WHEREAS, in accordance with the New Jersey Fireworks Act, the Chief Inspector of the
Bureau of Fire Prevention has recommended that the Township Council authorize, by resolution,
the fireworks displays;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWNSHIP OF
TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, as follows:
1. Carnival License #03-08, is hereby issued to the Toms River Fest by the
Governing Body of this municipality once the applicable fees have been
received from the Toms River Board of Education.
2. It hereby authorizes the permit application for the Toms River Fest to display
fireworks on Saturday August 2nd & Sunday August 3rd 2008, subject to any
and all approvals by:
a. The Township of Toms River Bureau of Fire Prevention
b. Toms River Township Law Enforcement
c. The Federal Aviation Administration
3. A certified copy of this resolution, which is on file in the office of the
Township Clerk, shall be forwarded to each of the following:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
Mayor
Township Council
Business Administrator
Chief Financial Officer
Law Department
Fire Prevention
Building Dept.
Code Enforcement Officer
Engineer
Chief of Police
U.S. Dept. of Transportation
Federal Aviation Administration
Millville AFJS Building 100,
Millville Airport
Millville, NJ 08332
Toms River Fest Inc.
c/o T.R. Regional Schools
Attn: Michael Citta
1144 Hooper Ave
Toms River, NJ 08753
RESOLUTION
JULY 22, 2008
WHEREAS, the Disney Block Party has made application to hold a Carnival on
July 25 through July 27th 2008, on Lot 2, Block 572, on the campus of Toms River High
School North, New Jersey; and
th
WHEREAS, the Clerk of this Township has reported to this Council that said
application is in order;
WHEREAS, the Township of Toms River Council authorizes the Carnival license
be issued, once the fees for the Disney Block Party on July 25, 26, and 27th 2008 have
been received from the Toms River Board of Education;
36
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL IN
THE TOWNSHIP OF TOMS RIVER, COUNTY OF OCEAN, AND THE STATE OF
NEW JERSEY, as follows:
1.
Carnival License #04-08, is hereby issued to the Disney Block Party by the
Governing Body of this municipality once the applicable fees have been paid.
2
The Township Clerk shall send a certified copy of this resolution to each of
the following:
a.
b.
c.
d.
e.
f.
g.
h.
Township Attorney
Chief of Police
Engineer
Building Dept.
Code Enforcement
Administrator
Mayor
Disney Block Party
c/o T.R. Schools
Attn: Michael Citta
1144 Hooper Ave
Toms River, NJ 08753
Councilwoman Donohue noted this involves Computer Services and spoke of the need
to update the Township Webpage. She requested that this Resolution be Tabled.
Originally, this Resolution was tabled; it was approved after Executive Session.
A motion was made Council Member Maruca, seconded by Council Member
Sevastakis, and carried with Council Members Cassano, Donohue. Hill, Maruca,
and Council Member Sevastakis voting yes, Council Members Kubiel and
McGuckin absent, to approve the following Resolution.
AMENDMENT TO RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR
INFORMATION AND CONSULTING SERVICES TO SPECIALTY SYSTEMS, INC
July 22, 2008
This Resolution was later approved after the Executive Session.
Dennis Galante questioned this Resolution. Discussion ensued.
A motion was made Council Member Maruca, seconded by Council Member
Donohue, and carried with Council Members Cassano, Donohue. Hill, Maruca,
and Council Member Sevastakis voting yes, Council Members Kubiel and
McGuckin absent, to approve the following Resolution.
RESOLUTION AUTHORIZING THE PRIVATE SALE OF
TAX LOTS 158-160, BLOCK 706.08 (10 GLADNEY AVENUE)
TO LYNN S. MACBEAN
PURSUANT TO N.J.S.A. 40A:12-13(B)(5)
JULY 22, 2008
37
WHEREAS, the Toms River Township Council has found and determined that Tax Lots
158-160, Block 706.8 constitutes real property with less than the minimum size required for
development under the Municipal Zoning Ordinance, and is without any capital improvement
thereon; and
WHEREAS, N.J.S.A. 40A:12-13(b)(5) authorizes the conduct of the sale of municipally
owned property which is less than the minimum size required for development under the
Municipal Zoning Ordinance, and is without any capital improvement thereon, to the owners of
contiguous real property; and
WHEREAS, the municipal owned property are deemed not be needed for public use; and
WHEREAS, the Township Council is desirous of conducting a sale of the tax lot aforesaid
among the owners of contiguous real property under certain terms and conditions; and
WHEREAS, the Township Council with the consent of the Mayor have adopted on April
8, 2008 an ordinance for the private sale of this property on May 15, 2008; and
WHEREAS, on May 15, 2008, one contiguous owner, Lynn MacBean owning property at
14 Gladney Avenue, Toms River provided a deposit in the amount of $4,200.00 for a purchase
price of $42,000.00; and
WHEREAS, a title search of the property has established that the property is owned by the
Township and that title is insurable at regular rates;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Toms River, in the County of Ocean, and State of New Jersey, as follows:
1.
That pursuant to N.J.S.A. 40A:12-13(b)(5), the Mayor is hereby authorized to
execute a real estate sales contract conveying Tax Lots 158-160, Block 706.08 (10 Gladney
Avenue) to Lynn Macbean whose address is 14 Gladney Avenue in the amount of $42,000.00.
2.
This sale is contingent upon the purchaser consolidating Block, 706.08 Lots 158160 with Block, 706.08, lots 155-157 of the Township of Toms River as set forth in the official
tax map. The purchaser is to provide proof of ownership of Block 706.08, Lots 155-157 by way
of deed.
3.
The sale is contingent upon that no principal use may be developed on this land
except when conforming with the Township of Toms River Code. A principal use may not be
obtained by way of special reasons variance, subdivision or any other method outside of a
permitted use within the zone.
4.
Accessory uses may be permitted on the property being sold.
5.
This sale is made subject to such state of facts as an accurate survey may disclose,
easements, conditions, covenants and restrictions of record, tenancies, leaseholds, rights of
persons in possession, codes, regulations and ordinances of the Township of Toms River or
federal, state or county governments. No representations of any kind are made by the Township
of Towns River as to the condition of the lands, and they are being sold in their present condition
“as is”.
6.
This sale is subject to the condition that if the State of New Jersey or any upland
owner has any rights or claims on the land being sold herein by reason of riparian interest or
otherwise, any charges so levied by the State of New Jersey or upland owner for said riparian
interest or otherwise are to be paid for and borne by the purchaser in addition to the sale price bid
for said property.
7.
The purchaser is put on notice to consult appropriate public and private authorities
as to the provision of utility services.
8.
It is expressly covenanted and agreed that there shall be no assignment of interest
by any purchaser before delivery of the deed unless expressly approved by resolution of the
Township Council.
38
9.
All payments shall be maintained in a non-interest bearing escrow account until
the closing of title. Balance of payment is due by certified or cashier’s check at the time of
closing of title. If the purchaser defaults in making final payment, the down payment shall be
forfeited and the sale cancelled, in addition to any other remedies available to the Township.
10.
If the title to the property shall prove to be unmarketable, the liability of the
Township shall be limited to the repayment of the down payment or purchase price without any
further costs, expense, damage, or claim. Notice of any alleged defect in title or claim of
unmarketability shall be given to the Township Attorney in writing no later than thirty (30) days
after the date of the confirmation of the public sale by the Township Council; failure to give such
notice shall be deemed conclusive evidence that the purchaser accepts the title in its then present
condition.
11.
Real property taxes shall be assessed as of the first day of the first month following
the date when title is closed.
12.
The closing of title shall be accomplished by delivery of a Bargain and Sale Deed,
without covenants as to the Grantor, not later than sixty (60) days after confirmation of the public
sale.
13.
The purchaser is put on notice that no employee, agent, officer, body, or
subordinate body of the Township has any authority to waive, modify, or amend any of the terms
and conditions of the private sale and of this resolution.
14.
The purchase shall be final subject to the terms and conditions of this resolution.
15.
The property will be available for inspection at a time convenient to the Township.
16.
The lot and block of the property may be inspected on the Toms River Township
Tax Map and related documentation in the offices of the Township Tax Assessor, Toms River
Township Municipal Building, 33 Washington Street, Toms River, New Jersey, during the
regular business hours until the day before the public sale. Tax map reference shall be available
at the site of the public sale prior to the sale.
17.
If at the time of closing of title, the property is not in conformity with the
provisions of the “Code of the Township of Toms River, New Jersey”, except as to lot depth, the
purchaser shall have ninety (90) days from that date to bring property into conformity.
18. The Township Clerk shall file all “Pay to Play” forms of the purchaser in the Clerk’s
Office.
19.
A certified copy of this resolution shall be provided by the Office of the Township
Clerk to each of the following:
a)
b)
c)
d)
e)
f)
g)
Attorney
Chief Financial Officer
Tax Assessor
Tax Collector
Lynn MacBean
14 Gladney Avenue
Toms River, N.J. 08753
Engineering
Business Administrator
REPORTS
A motion was made by Council Member Maruca, seconded by Council
Member Cassano, and carried with Council Members Cassano, Donohue, Hill,
39
Maruca, and Council Member Sevastakis voting yes, Council Member Kubiel and
McGuckin absent, to approve the following reports.
1. In-Season Pool Badge Weekly Report – Week 4 ending July 11, 2008.
$4,314.00
2. Winding River Skating Center June Monthly Sales Report $79,061.00
3. Youth Center June Monthly Fiscal Report $18,376.00
4. In-Season Beach Badge Weekly Report – Week #3 ending July 4, 2008
$23,466.00
5. In-Season Pool Badge Weekly Report – Week #3 ending July 4, 2008
$7,082.00
6. Bey Lea Golf Course Statistical Report for FY 2008 $1,218,798.91
7. Monthly Revenue for Permits and Inspections Department June 2008
$133,133.25
8. Monthly Report for Department of Recreation - June 2008 $154,951.00
APPROVAL OF BILLS
Council Member Hill asked for a report on the bills.
The Bill List, dated July 18, 2008, was approved on motion by Council Member
Donohue, seconded by Council Member Cassano, and carried with Council
Members, Maruca, Sevastakis, Donohue, Cassano, and Council Member Hill
voting yes, and Council Members Kubiel and McGuckin absent. The following
respective exceptions to their votes were noted as abstentions to this vote:
Council Member Donohue abstained due to business conflicts on the following:
Purchase Order 08-06092, payable to Toms River Board of Education in the
amount of $461.71.
Council Member Hill abstained due to personal conflicts on the following:
Purchase Order 09-00331, payable to Commerce Bank in the amount of
$37,933.71.
Purchase Order 08-06092, payable to Toms River Board of Education in the
amount of $461.71.
Purchase Order 09-00037 and 09-00075, payable to Toms River Schools in the
amount of $3,370.00.
Purchase Order 09-00213, payable to Board of Education Toms River Schools in
the amount of $8,800,694.22.
Purchase Order 08-03480, payable to Terry F. Brady, Public Defender, in the
amount of $3,500.00.
Council Member Sevastakis abstained due to personal conflicts on the following:
Purchase Order 08-05817 and 08-05729, payable to Anthony Cifelli in the amount
of $172.92.
Purchase Order 09-00037 and 09-00075, payable to Saint Barbara’s Greek
Church in the amount of $320.00.
40
ELECTED OFFICIALS’ COMMENTS
Mayor Kelaher, Council President McGuckin, and Councilman Kubiel were all
absent.
Council Member Cassano spoke regarding the Animal Shelter Plans, IceCream
and Boat Festivals.
Councilwoman Donohue spoke regarding the Environmental Commission
Activities.
Councilwoman Maruca spoke regarding the state bill, a State-wide Beach Fee,
Bayside Park new lightning, Block House, the recent storm and Route 37 closing.
Councilman Sevastakis spoke regarding the next Recreation Committee Meeting
and the Gypsy Moth Survey for 2008.
Councilman Hill spoke regarding the taxes in New Jersey.
PUBLIC COMMENTS
Council Member Hill announced the public portion and asked if any one wished
to speak.
Maria Manglieri spoke regarding the Website Update, State Beach Badge Fees,
Bay Beach Way Secession and the decision to appeal, and the Recreation
Department summer bus service.
Carol Benson spoke regarding the Website, North Dover Tree Permit, a $2.00 fee
matter, Gypsy Moth, United Water Company and consumer usage, Jersey
Central Power and Light and their broken poles, Township taxes, and the Tree
Removal Ordinance Enforcement. Discussion ensued.
Peter (Last Name Unknown) spoke regarding the recent building construction in
the Township involving a septic tank. Administrator Robert Chankalian said he
will investigate this matter.
Bob Salerino spoke regarding Traffic Safety in Holiday City. Chief Mastronardy
said he will investigate it.
Frank Vebaczza, Toms River Business Owner, spoke regarding Merchandise
display and recent Ordinance Adoption and Enforcement issue. Planner Jay
Lynch to investigate this matter.
Walter Seymour spoke regarding Traffic Safety in Holiday City, Holiday City lake
improvement, Shade Tree Commission work.
Angelo DiGiovanni spoke regarding Septic Tank removal in the Township, and
the recent water permit petition.
Alyssa Hollingsworth discussed Code Enforcement in the Township and signage
and property maintenance issues in the Township.
Kathleen Lazarro spoke regarding Beach Badge Fees being charged state-wide,
Animal Shelter Location and the County participation, and the summer bus
service in the Township. Discussion ensued.
41
Dennis Galante spoke regarding the tax liens, PAFF lawsuit and possible appeal
by the Township, Environment Committee Minutes and old Open Public Record
Act requests.
Council Member Hill asked if there were any other speakers. There was no
response.
No further comments from the public appearing, a motion was made by Council
Member Maruca, seconded by Council Member Sevastakis, and carried to enter
into a private Executive Session.
A motion was made by Council Member Maruca, seconded by Council
Member Sevastakis and carried, to adopt the following resolution, which was
read into the record by the Clerk:
RESOLUTION
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, Public
Law 1975, permits the exclusion of the public from a meeting in certain
circumstances to discuss matters requiring confidentiality and/or of a privileged
nature; and
WHEREAS, the Township Council is of the opinion that such circumstances
presently exist;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW
JERSEY, as follows:
1. The Township Council will now conduct a private Executive Session.
2. The general nature of the subject matter to be discussed and/or acted
upon is as follows:
1. Litigation-Actual and Potential
2. Personnel
3. Attorney-Client Privilege Matters
3. The following specific topics were announced.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
United Water Litigation
Ciba Geigy Litigation
Council on Affordable Housing Matters
Dave Marion Road
Personnel: Information Technology
Bay Beach Way Litigation
Revaluation Status
Peterson versus Toms River Litigation
Gingerilli versus Toms River Litigation
PAFF versus D. T. Litigation
Personnel – Clerk and Registrar’s Office
4. It is anticipated that deliberations conducted in closed session may be
disclosed to the public upon the determination of the Township Council that the
public interest will no longer be served by such confidentiality.
The foregoing resolution was approved on the following roll call vote:
Council Member
Council Member
Council Member
Council Member
42
Cassano
Donohue
Hill
Kubiel
Yes
Yes
Yes
Absent
Council Member Maruca
Council Member Sevastakis
Council President McGuckin
Yes
Yes
Absent
The public portion was reconvened, at 9:15 PM., with Council Members Cassano,
Donohue, Hill, Maruca and Council Member Sevastakis, and with Council
Members Kubiel and McGuckin absent.
A motion was made by Council Member Maruca, seconded by Council
Member Sevastakis, and carried with Council Members Maruca, Hill, Cassano,
and Council Member Sevastakis voting yes, and Councilwoman Donohue
abstaining, and Council Members Kubiel and McGuckin absent, to approve the
following Resolution:
AMENDMENT TO RESOLUTION AUTHORIZING THE AWARD OF
CONTRACT FOR INFORMATION AND CONSULTING SERVICES
TO SPECIALTY SYSTEMS, INC.
JULY 22, 2008
WHEREAS, the Township of Toms River has a need to retain certain services with
regard to information and technology consulting services for the support and maintenance of the
Township's computer hardware and software for a term commencing on April 3, 2008 and
terminating on December 31, 2008; and
WHEREAS, resolution of the Township Council dated April 8, 2008 authorized a
contract with Specialty Systems, Inc., for information and technology consulting services for the
support and maintenance of the Township's computer hardware and software for the term
commencing on April 3, 2008 through June 30, 2008, in the amount of $17,416.00, at the
following rates:
LAN Administration:
LAN Help Desk:
LAN Consulting
LAN Programming
$ 75.00 per hour
$ 85.00 per hour
$117.00 per hour
$125.00 per hour; and
WHEREAS, the award of this professional service contract is being made in conformance
with N.J.S.A. 19:44A-20.4 et seq. and pursuant to the Township of Toms River Administrative
Code, Chapter 84-1 et. seq., and does not require bidding pursuant to N.J.S.A. 40A:11-5(1)(a);
and
WHEREAS, prior to the contract award of April 8, 2008, Specialty Systems, Inc.
completed and submitted a business Entity Disclosure Certification which certifies that this firm
has not made any reportable contributions to a political or candidate committee of the Township of
Toms River or County of Ocean in contravention of New Jersey's "Pay-to-Play Law", N.J.S.A.
19:44A-20.4, et seq., and pursuant to the Township of Toms River Administrative Code, Chapter
84-1 et seq.; and
WHEREAS, due to the continuing information and technology consulting services for the
support and maintenance of the Township's computer hardware and software, the Township
Council wishes to amend the resolution of April 8, 2008, to increase the maximum amount of the
contract by an additional $33,484.00, for a total maximum amount not to exceed $50,900.00 and to
extend the term of the contract beginning April 3, 2008 and terminating on December 31, 2008;
WHEREAS, an additional amount of $3,484.00 is needed for services provided in FY08;
and
43
WHEREAS, an additional amount of $30,000.00 is required for the performance of
services of this award of contract from July 1, 2008 up to and terminating on December 31, 2008;
and
WHEREAS, this award is subject to campaign contribution reform laws as set forth in
N.J.S.A. 19:44A-20.4 et seq. and pursuant to the Township of Toms River Administrative Code,
Chapter 84-1 et. seq; and
WHEREAS, this proposed firm has completed and submitted a Business Entity
Disclosure Certification which certifies that this firm has not made any reportable contributions to
a political or candidate committee of the Township of Toms River or County of Ocean in
contravention of New Jersey’s “Pay-to-Play Law” N.J.S.A. 19:44A-20.4, et seq., and pursuant to
the Township of Toms River Administrative Code, Chapter 84-1 et. seq;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the Township of Toms
River approves an amended contract award, in the amount of $33,484.00, and authorizes the
Mayor to enter into an amended contract with the firm of Specialty Systems, Inc., for a term
commencing on April 3, 2008 and terminating on December 31, 2008, in the amended amount of
$3,484.00, for FY08, for a total maximum amount not to exceed $20,900.00, and for a total
maximum amended amount not to exceed $30,000.00 for FY09, at the following rates:
LAN Administration:
LAN Help Desk:
LAN Consulting
LAN Programming
$ 75.00 per hour
$ 85.00 per hour
$117.00 per hour
$125.00 per hour
Funds are available in Account No. 8-01- -A17-535 in the amended amount of $3,484.00 for
FY08, (total not to exceed $20,900.00), and the balance of $30,000.00 for FY09, are available in
Account No. 9-01- -A17-535 (total not to exceed $30,000.00) for a total combined contract award
of $50,900.00.
Total maximum amended amount of $33,484.00 (previously awarded
$17,416.00). The certification of funds available statement with respect to this resolution is on
file in the Office of the Township Clerk.
BE IT FURTHER RESOLVED that the award of this service contract is being made in
conformance with N.J.S.A. 19:44A-20.4 et. seq. and pursuant to the Township of Toms River
Administrative Code, Chapter 84-1 et. seq. and is prohibited from making such contributions
during the term of the award.
BE IT FURTHER RESOLVED THAT notice of this contract award shall be published
within 10 days of the within the date of this Resolution, in the official newspaper of the Township
of Toms River.
A certified copy of this Resolution shall be provided by the Office of the Township Clerk to each
of the following:
a)
b)
c)
d)
e)
f)
g)
Township Attorney
Chief Financial Officer
Purchasing
Mayor Kelaher
Business Administrator
Cindy Asay, Clerk’s Office
Specialty Systems, Inc.
1451 Route 37 West
Toms River, N.J. 08755
Attn: Kim Coddington
Application Sales Consultant
AMENDED CERTIFICATION
44
THIS IS TO CERTIFY that the funds for the amended contract with Specialty
Systems, Inc., in the amount of $33,484.00, for a total maximum amended amount not to exceed
$50,900.00, are available as follows:
Account No. 8-01- -A17-535 - $3,484.00, for a total
maximum amount not to exceed $20,900.00, for FY08
(previously awarded $17,416.00)
Account No. 9-01- - A17-535 - $30,000.00, for FY09, at the following rates:
LAN Administration:
LAN Help Desk:
LAN Consulting
LAN Programming
$ 75.00 per hour
$ 85.00 per hour
$117.00 per hour
$125.00 per hour
More specifically, the actual encumbrance of the funds will be based upon the approval of fully
executed purchase orders by the Chief Financial Officer. Said purchase orders will encumber the
funds for the affected account at that time.
CHRISTINE MANOLIO
CHIEF FINANCIAL OFFICER
Dated: July 22, 2008
A motion was made by Council Member Maruca, seconded by Council
Member Sevastakis, and carried with Council Members Maruca, Donohue, Hill,
Cassano, and Council Member Sevastakis voting yes, and Council Members
Kubiel and McGuckin absent, to approve the following Resolution:
RESOLUTION
July 22, 2008
BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS
RIVER, COUNTY OF OCEAN, STATE OF NEW JERSEY, as follows:
1.
The following individual is hereby appointed as Cashier-Clerk Grade 3,
Minimum, in the Office of the Township Clerk, with a salary of $19.949 per hour, effective
August 4, 2008:
Nadeem Siddiqui
747 Ryan Run
Toms River, NJ 08753
2. Township Clerk shall send a certified copy of this resolution to each of the following:
a. Chief Financial Officer
b. Attorney
c. Clerk’s Office
d. Human Resources
e. Payroll Supervisor
f. Individual listed above
g. Mayor
45
h. Council
No other business appearing, the meeting was adjourned at 9:18 PM, on motion
by Council Member Sevastakis, seconded by Council Member Cassano, and
carried with Council Members Hill, Cassano, Donohue, Maruca, and Council
Member Sevastakis voting yes, and with Council Members Kubiel and McGuckin
absent.
MAURICE B. HILL, PRESIDENT PRO TEMP
J. MARK MUTTER, TOWNSHIP CLERK
46