Old Bridge Township, New Jersey - April 24, 2000 Minutes

Old Bridge Township Council

Combined Meeting

April 24, 2000
A combined meeting of the Township Council of the Township of Old Bridge was held on April 24, 2000 in the Municipal Complex. The meeting was called to order at 7:44 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next meeting of the Township Council will be held on May 1, 2000 at 8:00 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Testino, Councilwoman Marinaccio, President Maher. Councilman Sohor arrived at 8:25 p.m.

No. 201 Approval of Minutes

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that the following minutes are hereby approved:

Agenda/Executive - March 6, 2000
Regular - March 13, 2000

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

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Testino,

Councilwoman Marinaccio, President Maher.

NAYS: None.

ABSENT: Councilman Sohor.

No. 202 Bill List

RESOLUTION

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in

respect to the bill listing of April 24, 2000 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of April 24, 2000 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $7,132,542.97 (Accounts Payable).

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

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

ABSENT: Councilman Sohor.

No. 203 Bill List.

RESOLUTION

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of April 24, 2000 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

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

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

ABSENT: Councilman Sohor.

No. 204 Bill List.

RESOLUTION

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

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

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

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

AYES: Councilmen Butler, Cucchiara, Redmond, Testino, Councilwoman Marinaccio.

NAYS: Councilmen Greene, Hoff, President Maher.

ABSENT: Councilman Sohor.

Report of the Attorney.

Attorney Ruggierio: We have been trying the Conde case which has been previously described to you. The evidence had been submitted with a deadline for submitting written findings of fact and summations of last Thursday. Judge Kravarik will be deciding that issue next Friday. I have a case management conference next Friday in the Oakwood v. Kalian case that deals with the severe issues relating to soil erosion. The most pressing case that I am involved with is the Hannigan trial which has a date of May 8. I took two depositions on damages in that case.

Because of a rather unexpected scheduling of the Conde trial so close to the Hannigan preparation, there are a number of things on my plate have not been completed. I apologize in advance for that.

Motion

to accept the report of the attorney made by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

ABSENT: Councilman Sohor.

Preliminary Public Comments.

Christopher Gollud: Petitioned the council to move quickly on the establishment of the "skate park" and the continued harassment by the Old Bridge Police Department.

President Maher: We directed your concern about the harassment to the police department and Ms. Shepler.

Administrator Shepler: There has been a response from Capt. Cerra. The young people are trespassing on private property, i.e., Browntown Shopping Center, and that Capt. Cerra has instructed his patrol officers to make sure that the wishes of the tenants of the Browntown Shopping Center are carried through because it is private property, and they are not allowed to trespass.

President Maher: You may not skate at Browntown Shopping Center, but can continue to skate temporarily at Carpenter School.

Mr. Gollud: I have heard that the ramps have been stolen, and there is drug and alcohol activity which gives the skaters a bad name.

President Maher: Please work with Mr. Badcock to see what can be done on an interim basis. We intend to approving the bonding for the skate park. Thanks for coming to our meeting.

Mayor Cannon: The money for the skate park is in the bond which we hope will be approved tonight. Once the money is allocated, we can design the plans and implement the park. We must wait for the money.

President Maher: We hope to approve over $3 million in bonded projects. Part of that money is $100,000 which has been put aside for the design and development of the skate park. If approved, we can ask for bids for the design of the skate park.

Mr. Badcock: Once the paving contract is approved, we will design in-house the free-form park. After the bond is available on May 1, we could have something by July 1; the worst case scenario will be the end of the summer.

Mr. Hernandez: Complained that he was not able to sign up for the preliminary public comment segment of the meeting. President Maher explained the procedure and told Mr. Hernandez that the list was officially closed, but opted to make an exception this one time and allow additional signatures to be put upon the sign-in sheet.

Recess 8:02 p.m.
Resume 8:07 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Cucchiara, Greene, Redmond, Testino, President Maher. Councilman Hoff and Councilwoman Marinaccio were absent from the podium. Councilman Sohor was absent.

Mr. Hernandez: Wanted to let the council know that during a recent emergency situation at his home, the township police department used undue force and unprofessional procedures. They charged his wife with a misdemeanor and kept her in a cell for six hours.

President Maher: I ask for a full report on this situation unless there will be litigation or if this is a confidential information.

Administrator Shepler: I shall review the matter with Mr. Ruggierio and report back to the council.

Councilman Testino: Perhaps the police director can review this with John (Hernandez), and maybe this won't have to come back to the council.

President Maher: This is the first we have heard of this. I suggest letting the course of events speak for themselves. You spoke to Ms. Shepler, and we will let her do the research. Someone will get back to you.

Gloria Grau (54 Brookside Avenue): This is a request to the mayor and council to consider having the township attorney look into the matter of Allen Jacobs vs. Township of Old Bridge Zoning Board of Adjustment Docket No. L780098 which was for a use variance to be build one single-family dwelling on Lot No. 290, Block 26015 Central Avenue, Old Bridge. This was denied two times by the zoning board in July 1998 and May 1999, yet culminated in a reversal of the two denials by Superior Court Judge Wolfson's order dated March 27, 2000 and despite egregious misrepresentations of pertinent data by the applicant and as a result of proceedings conducted in his chambers without public input. The site plan revision dated September 30, 1999 mentioned in the judge's order occurred almost seven months after the last zoning board hearing. Site plans submitted earlier showed three phantom houses behind the lot bolstering applicant's distorted claim that the lot was "surrounded" by residential housing, totaling ignoring the Dupont well that is directly behind the property part of the Duhernal water system and pointing to the housing across the street secured just prior to protective legislation. This is one of the last three water shed lots of the Chevalier tract just mentioned that caused a lot of needless grief for a lot of people here in the late '80's, for some continuously. Approval of this lot sets a precedent for the two lots next to it still owned by Mr. Chevalier. Applicant has tried to claim that the lot has been zone into "in utility" , but zoning wetlands water shed lands as "ER" and "WS" for preservation and protection is not zoning into "in utility", and taxpayers should not have to rescue a land speculator from what may not have been a wise purchase. This land has been validly zoned for well over sixty years. The applicant is an experienced engineer, knowing exactly what he purchased on August 25, 1994 and what the permitted uses were. This is another self-created hardship similar to the way it was done here on some of the other lots twelve years ago.

The original purchaser and an associate of Mr. Jacobs' had his opportunity to build here under the "WS" zoning and also had a reverter clause in his contract. He forfeited that opportunity with maneuvers designed to short circuit the legal process as is being attempted here. Furthermore, opening up these lots to development at this point would amount to spot zoning.

President Maher: Is this under litigation between you and Mr. Jacobs?

Ms. Grau: No. I am asking for you to consider that the attorney look into this because I think this was an arbitrary decision by the judge. There were two denials by the zoning board.

During the hearings on Lot 290, the applicant also denied the validity of a clear and vibrant photo of the wetlands on his lot, later substantiated by the board's visit to the site. As has been sited again and again, this area is subject to periodic flooding especially on the adjoining Lot 290.11 with a garage one to three feet from the property line. Even now after the drainage improvements, one of the residents on that property told me that with two sump pumps running, their basement was filling up again. These wetlands prevail despite attempts to reroute the stream because its natural flow is into the rear of Lot 290. The late Frank Cerra, a board member during the February 5, 1998 hearing on this application, commented after going out to view the site "When I made that inspection, my mind was made up. I don't see how anyone could even ask a person permission to build a home there and then to sell it to someone else. We will compound the problems we have in this township."

Some of us have written Judge Wolfson asking that he vacate his March 27 order. Failing that we believe that Mr. Ruggierio may be able to affect the settlement and bring closure after twelve years on these three controversial lots. To allow this order to stand would say as much about the township as it does about those who engineered it. If it stands as the law, we are all in the wrong country. (Ms. Grau passes pictures of the lots.)

Attorney Ruggierio: I know that there was a consent order sent to me in this matter signed by the zoning board attorney and Mr. Heilbrunn for the applicant and signed by the judge. I don't know if this was done in public or private. I could investigate and report on that. If not done in public, there would be an issue as to whether this was appropriate. I will look into this.

Marc Caterina: Speaking on behalf of the skate boarders encourages the Township Council to build the skate park as soon as possible.

Ed Steinak: I live next to the Jacobs property and there has always been a stream through that property. Currently, the rear of the property is quite flooded. Two days ago the water was one foot higher. The drainage improvements have helped a bit. The catch basins do not overflow and flood my driveway, but the water flows to Mr. Jacobs' property. As Lake Duhernal rises, so does this water.

Mr. Iglesias: Invites Mr. Steinak to visit his office to discuss this situation.

Bert Pagan: I propose making the traffic light on Rt. 516 and Sherwood Lane a blinking light. There not be a "no turn on red" sign at Sherwood Lane and Rt. 516.

Mayor Cannon: We have expressed concerns about timing and the fact that the light should blink after rush hour to the county. This is a temporary light and was funded and put up by the post office. We are continuing to follow up.

Councilman Cucchiara: We sent a resolution to the county about that light and the lights on Englishtown Road to have them blink from 11:00 p.m. to 6:00 a.m., but there was a cost factor of over $100,000.

Mayor Cannon: The post office paid for the light; the county has jurisdiction, but the state must give there okay on this. I am not sure whether the Sherwood light was included in the re-timing cost. There are going to put a permanent light at Sherwood Lane, and we will have more input.

President Maher: We will put this on the agenda for two weeks. We will track this.

Councilman Redmond: I believe the MUA demand that light? They held up their sewer and water until that light was installed.

Ms. Panos: I want the council and the attorney to look into the Central Avenue property. I want to make sure that the decision was not made in the judge's chambers.

President Maher: We will follow up with Ms. Grau, Mr. Stanik and you.

President Maher closed this preliminary public comment segment.

Guest - Phil Norcross, Esq. - Bond Counsel.

Administrator Shepler: Mr. Norcross has not arrived. Mr. Shah, who could not be here this evening, told me that the meeting with Mr. Norcross was confirmed. The issue that I requested Mr. Norcross to appear for was the sale of the $7 million worth of general bonds and obligations which appears later in the meeting under "Discussion:.

Reports.

1. Cheesequake Village/Barclay Square Dam.

Michael Ferdun (Attorney representing Cheesequake Village Association): Am I to take it that there is a report from the Mayor regarding the discussion previously held?

Mayor Cannon: The report is just the information that Mr. Iglesias put together, and I believe that a copy was sent to Cheesequake Village with the quotes from the firms that have been solicited for proposals. Mr. Iglesias intervened to be sure that everyone had the necessary information to determine the cost of the survey and design work.

Mr. Ferdun: I gather that you are all familiar with the factual background of this issue. Mr. Iglesias in his memo provides a certain amount of "history" regarding Cheesequake, some of which is not accurate. Mr. Ruggierio says that the village came into being in the '60's with final approval granted in early 1973 with the lake being allowed by the DEP to be used as a detention basin for drainage. He also indicates that in September 1973 records indicate that the dam was damaged sometime in 1973 and that Cheesequake Village Association took it upon themselves to apply for a construction permit from the county and the DEP as a requirement of the planning board. I had occasion to research the records in this office regarding this issue and another issue that Cheesequake faces on its early history. This council may well know that the development of this project began in 1967, but it was fraught with problems from the first minute because of the drainage issues. There was litigation between this municipality and the developer as to addressing the drainage issues. Cheesequake residents complained before the units were even completed. The approval achieved by the DEP in 1973 was not by Cheesequake Village Association itself, but by the developer as per a consent order entered into at that time. Mr. Iglesias states that "neither the subdivision map for Cheesequake Village nor Barclay Square show an access road or easement to the lake for maintenance purposes". The town tax maps show an easement that in the Barclay Square development allowing for access to the water area so that there could be an easement. We retained the services of Bill FitzGerald, an engineer, regarding these drainage issues. It is our position that there is a significant amount of drainage going into Logan's Lake from several different developments.

President Maher: That was brought to our attention two weeks ago. We directed that to the Mayor and the administration as well as the township attorney to determine if there were other detention basins dropping water in the lake.

Attorney Ruggierio: That is a factual and a legal question. The question of whether or not there are sources of water that run into this lake would be a factual question that is an engineering issue that someone would have to address. Whether there would be liability to the township for having approved developments that caused this runoff or in terms of our municipal functions there would be liability because this is not a body of drainage pond that serves only Cheesequake Village, but also serves the community. The answer is "no" that there is no municipal liability. If people direct drainage to a retention or detention pond that they do not own, it is an encroachment. If it is not authorized, it is actionable against the people who direct that water there. On the other hand, the other principle of law is that if water is directed in such a manner for a very long time without protest, an easement by prescription can arise whereby that flow of drainage cannot be interrupted. There may be very clear or not so clear private rights between Cheesequake Village and those whose drainage contributes water to this pond, but there would not be municipal liability.

Mr. Ferdun: I agree that there are factual as well as legal issues which need to be explored. From a quick view of the property looking at the different developments, it is clear to me that the water has been running from these developments into Logan Lake. There was a spill way at the far end of Logan Lake that was functioning for some period of time. There are new developments that are contributing to this lake, and we now have a failed spill way and now the DEP wants it fixed. I respectfully disagree with your counsel as to whether there is legal responsibility as a result thereof because it may very well be that the planning board approved the direction of the water into this spill way adhering to improper engineering principles.

Attorney Ruggierio: This question cannot be answered in an abstract. According to the Tort Claims Act, there is no liability that adheres to the township or its planning board for its approval actions.

Mr. Ferdun: We need more time to determine who is responsible. I would like to meet with Mr. Iglesias.

Councilman Greene: I toured of the area, and I think that the residents of Cheesequake Village are asking legitimate questions. I am not sure as council members that we can get them the answers. Knowing the history of this lake clarifies what these residents are up against. This lake was formed by a farmer in the '40's or '50's because he wanted to have a supply of water to irrigate his crops. The farmer built a cinder block looking device (the dam) in one section of an area where water ran off. This water comes from miles away from this particular spot. He built this box so that whatever water flowed, the box would stop it and raise the water to a level. When it reached that determined level, the water flows into this box and in the rear side there is a large pipe which takes the water down to Cheesequake Park. Topographically, the land in Cheesequake Village is well above this flow of water. There is a fence, not preventing them from accessing the lake, but to keep them as well as children or pets safe and secure. They have absolutely no use for this lake. They have no access except if they go to a certain area to the locked part of the fence and then maneuver down a sharp incline to reach this so-called dam. If I lived in Cheesequake Village and someone asked me to repair this dam, I would ask why, do I own it? There is another development located across the water where residents do have access to the lake. One or two of the residents have built stairs to maneuver down the hill to make use of the lake. Mr. Iglesias stated that Cheesequake owns 40% of the property and the development across the lake owns 60%, but I see 70/30, which is a personal observation. I agree with the residents of Cheesequake Village that they have no access to this lake and are they the ones who have to repair this dam. Repair means that they fix it and maintain it for the lifetime of the dam. They have an alternative - suppose they get rid of the dam and don't fix it. It will still cost money because they have to hire an engineer to have the land set properly so that the water can run off.

From the first letter I read from the DEP, it seemed possible to me that they left that option open to Cheesequake Village. From my conversations with the residents, it seemed to me that the engineers they spoke to also gave them that option. My question is why is it that the township engineer tells them they don't have that option?

Mr. Iglesias: There is always an option. The documents that I have researched indicate clearly to me that Cheesequake Village uses the lake as a detention system. I have looked at the plans, and yes, Cheesequake Village uses the lake as a detention system. That means that if one were to decommission the dam, you can do that, but you have to prove to the township that the run off that is now being detained by the lake is not going to cause any damage downstream.

Councilman Greene: Suppose they hire an engineer on the basis that the engineer make a decision as to can it be decommissioned and if so, give them a price. Do you have a problem with that?

Mr. Iglesias: No, but you have to understand that every developer that comes to town has to prove to me is that their run off does not adversely impact anyone downstream. Someone has to do a drainage analysis of the entire area. There is other water going through the lake other than Cheesequake Village. The fact remains that the lake is being used as a detention system by Cheesequake Village and the documents that I have researched indicate that Cheesequake village somehow or other has the responsibility of maintaining the dam. I don't know how they managed to do that, but that is what the documents read.

Councilman Greene: You are willing to admit that they are other communities other than Cheesequake Village whose water exits out into that area--not necessarily that lake, but it also could be in an area closer to Cheesequake Park.

Mr. Iglesias: Barclay Square does not use the lake as a detention system. I have not done a complete analysis to give you an equivocal answer as to whether another subdivision is or is not contributing to the lake.

Councilman Greene: This goes beyond the fact that there is a lake and that we want to preserve and keep it. The solution to this is whether or not you are going to have a drainage problem.

President Maher: If in fact an engineer says the least cost effective way is to decommission, this as long as there will be no negative impact on the downstream system. That is almost a 360 turn from where you were.

Mr. Iglesias: My report says that clearly.

President Maher: I suggest that you sit down with the Cheesequake Village engineer and start moving this forward.

Mr. Iglesias: If you read through my report, it says that Barclay Square is enjoying the benefits of the lake. There are those residents bought those lots because the lake is there. If we eventually say decommission the lake, we will be decommissioning the dam. If you do that, the lake will become a stream. There will be a hole for the residents of Cheesequake Village and Barclay Square. Someone will demand action on what they are going to do with this hole?

President Hoff: No one recognizes this as one of the seven wonders of the world. As Mr. Greene has described, this is a homemade dam which follows no rules or regulations when it was built. It did not follow any uniform commercial code, and I find it ironic that this is falling under the DEP and Dam Safety Act. I support the decommissioning of this dam.

Councilman Hoff: I applaud Rich Greene. You open a door that seems to be workable. If the engineer for Cheesequake Village can determine that there is no problems downstream, then I think we have a "go-go" situation. To my knowledge and my familiarity with the area, there is no structures nor developments downstream from the lake. Water goes into the swamp area at the outlaying areas of Cheesequake Park. I urge the engineers to get with this. As far as having an abandoned hole, the stream may be an added feature. We are not responsible for what they bought. They are paying for the lake and the dam, what do we care about those who bought prime houses? Why should 700 homes pay for their lake?

Mr. Iglesias: From a different point of view, I have reproduced pictures of the lake prior to what happened. You can see how nice the area is. I think the DEP and the environmental commission would not like to see that lake disappear. The repairs to the dam may not be as extensive or expensive as one may think. What needs to be established is that once the dam is fixed ( if that is the way it will go), perhaps the maintenance of the dam should be left to the township or Cheesequake Village and Barclay Square. What is unfair is that Cheesequake Village is responsible at this point.

President Maher: I am not in favor of the township incurring any liability.

Councilman Testino: I thought that we were helping the Village with their engineering and attorney's costs. I see this spiraling. Who is going to do a drainage analysis of the whole area? That might be more expensive than the bills they are facing now. Let's not say they did a "360", and then they are going to pay twice what they were paying. Let's contact the park to see if they have a problem with the water going straight through there. That is practical answer.

President Maher: We are giving you several options for you to examine. I want to shut this down and track it in two weeks.

Mr. Fitzgerald: I need to meet with Mr. Iglesias. There is a history that is not clear. I have noticed that the drainage system from Oxford Court discharges into a swale which runs through a backyard and clearly into the lake. There are a lot of properties draining into this lake; I am not sure that this is a detention basin. There is a good chance that without extensive analyses, it may be possible to decommission the dam without hurting anyone.

President Maher: Nelson, the council has given you options and ideas to examine. Please work with Mr. Fitzgerald, and come back to us with a solution.

Public Comments on the Consent Agenda (Discussion Resolutions) Seeing no hands President Maher closed this portion.

Discussion Resolutions

DR-1 Award of Professional Service Contract for Forestry Services to CMF (to be paid from escrow)

No Discussion.

DR-2 Awarding State Contract Nos. 79336 and A85566 to Haworth, Inc. to purchase office furniture for the Planning Department in the amount of $21,088.20.

No Discussion.

DR-3 Authorizing purchase of planning department office furniture from Allstate Office Interiors, Inc.

No Discussion.

DR-4 Rejecting bids on Contract No. 00-6 Passenger Transit Bus (re: specifications on seating capacity).

No Discussion.

DR-5 Awarding Contract No. 00-07 to Oasis Ford in the amount of $24,204.00 for the purchase of a 2000 (or newer) Cargo Van for the Recreation Department.

No Discussion.

DR-6 Accepting grant for the Safe & Secure Communities Program No. P-1612.

No Discussion.

DR-7 Granting permission for Lions Club Race for Vision, Sunday 6/4/00 9:00 a.m. to 11:00 a.m.

No Discussion.

DR-8 Granting permission for Now and Then Car Show at Gateway Shopping Center Saturday evenings from April 28, 2000 through October 2000.

No Discussion.

DR-9 Authorizing professional services contract to James Hyland, Esq. for services to the Zoning Board of Adjustment in the amount of $16,476.00.

No Discussion.

DR-10 Correcting the term of appointment of Chief Judge James Weber to the Old Bridge municipal court.

No Discussion.

DR-11 Authorizing waiver of fees for St. Ambrose in the amount of $120.00 (electrical).

No Discussion.

DR-12 Authorizing Memorandum of Agreement between the Township of Old Bridge and PBA Local No. 127.

No Discussion.

DR-13 Opposing Marlboro Township Development - COAH Housing.

No Discussion.

DR-14 Authorizing Memorandum of Agreement between the Township of Old Bridge and the Old Bridge Municipal Employees Supervisors Association.

No Discussion.

DR-15 Authorizing sale of Block 17000, Lot 27.12 and authorizing payment of a commission not to exceed 5%.

No Discussion.

DR-16 Authorizing release of performance guarantee - Samra Office Building.

Carried to next agenda.

Council appoint to the Economic Development Commission.

No. 205 Appointing Lawrence Redmond, Council member, the Economic Development Commission replacing Councilwoman Georgette Marinaccio (term running concurrently with council term expiring December 31, 2003.

RESOLUTION

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

Lawrence Redmond, Council member, be appointed to the Economic Development Commission to replace Councilwoman Georgette Marinaccio. As per township ordinance, the term runs concurrent with Mr. Redmond's council term which expires December 31, 2003.

Moved by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote: AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Testino,

Councilwoman Marinaccio, President Maher.

NAYS: None.

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

Councilman Testino: Please request the remaining open seat on the EDC advertised, and plan to take action at the next regular meeting.

President Maher: There is a business seat open.

Ordinance for Second Reading. Table (to 5/8/00)

Township of Old Bridge
Ordinance No. 11-00

Ordinance of the Township of Old Bridge Denying Municipal Consent to the Renewal of a
Non-Exclusive Cable Television Franchise to Cablevision of Raritan Valley

WHEREAS, Cablevision of Raritan Valley is the current owner of a cable television system previously franchised to CSC-TKR Cable Company, Inc.; and

WHEREAS, the franchise will expire on or about November 6, 1999; and

WHEREAS, a late application for renewal was filed by Cablevision of Raritan Valley, Inc. and the Township of Old Bridge has been asked to give municipal consent to renewal; and

WHEREAS, the Township of Old Bridge has considered the application of Cablevision of Raritan Valley, Inc. and its governing body has entertained a public hearing with respect to such application pursuant to law; and

WHEREAS, Cablevision of Raritan Valley, Inc. has failed to make available Township of Old Bridge local government access channels to a significant number of Old Bridge Township residents who subscribe to cable television; and

WHEREAS, Cablevision of Raritan Valley, Inc. failed to consult with the Township of Old Bridge prior to changing the channel location of the local public access channel from channel six to channel seventy; and

WHEREAS, Cablevision of Raritan Valley, Inc. has failed to remit all fees due to the Township of Old Bridge under the current franchise agreement which were collected from Old Bridge Township residents; and

WHEREAS, many residents of the Township of Old Bridge have made numerous complaints in writing and at Township Council meetings regarding the quality of service provided to subscribers of Cablevision of Raritan Valley, Inc.; and

WHEREAS, representatives of Cablevision of Raritan Valley, Inc. have made untrue and inaccurate representations to the Old Bridge Township Council;

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

Section 1. Ordinance

The Township Council of the Old Bridge hereby affirmatively denied municipal consent to the renewal of a non-exclusive television franchise to Cablevision of Raritan Valley, Inc. The Township Council finds that Cablevision of Raritan Valley, Inc. is generally unfit to hold a cable television franchise in the Township of Old Bridge for the following reasons:

A. Cablevision of Raritan Valley, Inc. has failed to make available Township of Old Bridge local government access channels to a significant number of Old Bridge Township residents who subscribe to cable television.

B. Cablevision of Raritan Valley, Inc. has failed to remit all fees due to the Township of Old Bridge under the current franchise agreement which were collected from Old Bridge Township residents; and

C. Cablevision of Raritan Valley, Inc. has failed to provide residents of the Township of Old Bridge with competent cable television service; and

D. Representatives of Cablevision of Raritan Valley, Inc. have made untrue and inaccurate representations to the Old Bridge Township Council.

E. Cablevision failed to consult with the Township of Old Bridge prior to changing the channel location of the local public access channel from channel six to channel seventy.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.

Moved to table by Councilwoman Marinaccio, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, Councilwoman Marinaccio.

NAYS: Hoff.

NO PARTICIPATION: President Maher.

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

Attorney Ruggierio: this is an item that required action by me to precipitate action by the cable franchisee. It is one of those things that has been delayed because of my involvement in the trial. I ask you to delay this.

Councilman Butler: Has a meeting been scheduled?

Attorney Ruggierio: There was a meeting already reported on. I was to get written documents from the meeting to the cable company that consisted largely of the meeting minutes, etc. They were to get back to us with their position on the dollars they were willing to put forward to deal with the items on our "wish list", and that is the part where it broke down.

Councilman Butler: Are you suggesting that we table this to sometime in the future?

Attorney Ruggierio: These documents will go out in the next day, and I think that tabling for two weeks would be a reasonable time.

Ordinance for Second Reading. 12-00

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

Councilman Testino: I thank the Mayor and the Chief for putting this program on the defibrillator together which started one year ago. We are going to save lives. I hope that this comes to fruition because our first response team is the police force and that as soon as the money is freed, the business administrator will acquire these.

President Maher opened the public portion. Seeing no hands President Maher closed the public portion.

Ordinance for Second Reading. 13-00

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

Councilman Testino: WE have included $100,000 for the skate park. I hope that you all will support this and that the administration will carry through as quickly as possible. I know that Tom (Badcock) is already on top of this, and he has invited the young persons to participate in the design. I compliment Mr. Badcock and the rec. board for their achievements in this regard. To the young people who have been here through several meeting, I have spoken to some of your teachers and told them that you deserve an "A" in civics because you have gone through the process. A lot of hard work and dedication is involved, but in the end money and a plan will bring you a nice park. I support this whole heartedly.

President Testino: To the young people in the audience, I appreciate your resolve and determination and the council will dedicate money toward the skate park. I look forward to the ground breaking ceremonies. We will push toward a July date to open the park for skateboard, roller blades and bikes.

Councilman Cucchiara: Why is this park being located in Vets Park and not the middle of town?

Mr. Badcock: We have looked at all the other areas in the township - the harbor, Geick Park, Vets Park. Veterans Park is already an established park with good soil which would ease construction. There is no available space in Geick Park. There is an area in Laurence Harbor, but it is classified as a one hundred year flood plain. We thought that the park should be in a high traffic area in an already established park.

Councilman Cucchiara: What are we doing about the cameras that we are supposed to be putting in Vets Park?

Administrator Shepler: I would be happy to discuss this with you later. I have been working with the Chief on this project.

Councilman Cucchiara: How are we going to regulate the skateboard park?

Mr. Badcock: The area will be fenced, and there will be a series of rules and regulations that I shall propose to the council to adopt as an ordinance in the recreational plan. We will have some supervision by our supervisors who turn the lights on and off. Depending on whether or not we have the money for lights, the park will be open until 10:30 p.m.

Councilman Cucchiara: Do you feel that taking $100,000 and building a skateboard park in Vets Park is more efficient than taking $100,000 and improving the recreation center which exists in the park presently?

Mr. Badcock: My recommendation was to rip the whole center down and rebuild with a snack bar. This was denied. This is a completely different situation and nothing new. Skateboarding has been around for a long time, and we are going to see more and more of this. These children just want to have fun.

Councilman Cucchiara: Has there been any feedback from the residents?

Mr. Badcock: We have received approximately 120 letters, all but eight supported the skateboard park.

Councilman Cucchiara: We the majority of the letters from the Sixth Ward?

Mr. Badcock: The letters were from all over the town.

Mayor Cannon: I saw those letters, and they are overwhelmingly in favor of the park. This is democracy in action. We have had problems with Vets Park, as we have had with other parks in town. I hope that the young people who will be utilizing the skate park will hope us to maintain this facility to be sure that this does not become destroyed or vandalized. We are putting this together for you, and you have a vested interest in making sure that these are maintained and usable for not only you, but for your brothers and sisters and those who come after you. We want this to be a successful venture, because if this does not work, then we will have to view things a little differently.

Councilman Cucchiara: We had asked for the cameras in this park because of the vandalism. I have a letter from Mr. Heims dated November, 1999 stating that this (the cameras) was going to be taken care of in the Spring. Are we going to put the cameras in - yes or no?

Administrator Shepler: I have been working with the Chief and would like to discuss this in more detail after the meeting.

President Maher: The council has set money aside for these cameras.

Administrator Shepler: For the type of cameras we need, there is insufficient funds in that ordinance. This is part of what I have been discussing with the Chief and a part of which I want to discuss with you after the meeting. I understand your meeting perfectly.

Councilman Redmond: It is good to see the children come here for something that they believe in and for something they want. However, the largest amount of vandalism seems to be occurring in Vets Park. We heard these kids testify that their ramps at Carpenter School were stolen. I want to be assured that the equipment that we install will be protected. I think that these cameras should be a part of this. If the council puts money into the cameras as we did for the skate park, we want to make sure that these things happen. There has to be a way to protect our investment in Vets Park.

Councilwoman Marinaccio: We don't have sufficient funds to be able to complete the camera project?

Administrator Shepler: There was an investigation and specifications were submitted by Mr. Heims which indicated that the cameras would be insufficient for the purposes you wished for them. I have been working with the Chief and Mr. Heims for proposals for a different type of camera.

Councilwoman Marinaccio: Is the additional funding placed in the bonding?

Administrator Shepler: I have additional funding in other park ordinances that I can possibly use. I don't have a price to give you at this time.

Councilwoman Marinaccio: Are we going to be held up because of funding?

Administrator Shepler: There should be additional funding unless it becomes totally cost prohibitive.

Councilwoman Marinaccio: I have no problem with the skate park and the cameras. I think that the skate park is going to pull children from surrounding townships, but you disagree.

Mr. Badcock: There are other skate parks in Freehold Township and Howell is building one. My contemporaries in these towns are not getting influx from other towns. Most of these parks are not supervised.

Councilman Cucchiara: I shall vote for this, but want to be assured that the cameras are installed at the same time and the skate park. Why take $100,000 and put it into a park that possibly be vandalized. I have been asking for those cameras for over one year.

President Maher: Please put on the next agenda a discussion on the security cameras at Vets Park. I ask the administration for a report on the recommendations as to security features.

Councilwoman Marinaccio: If we do this park, do it right. We want to make sure that what is put in there for your enjoyment is not removed, vandalized or destroyed on you. We want those cameras in when the park is ready.

President Maher opened a public portion.

Two children in support of the skate park made comments with respect to vandalism and security cameras.

Anthony Capasso: Even if there is a fence around the skate park, if someone wants to, they will get through the fence. I believe the park should be located elsewhere. I recommend Geick Park behind the soccer fields.

Mr. Vitale: For six years I have asked for park rangers. We would eventually have to rebuild them. Plainsboro has an ad in the paper for park rangers. When I introduced the plan, our legal department said that it was illegal for us as a township to have park rangers. I find that this is not true. Plainsboro was looking for someone to work twenty hours per week all year for parks enforcement. The person would be able to write summons and repair the facilities and be of community service. Someone has to review the film from the cameras. We need enforcement in the parks. We are going to have to enforce the laws at the beach front because the county will not. It is time to hire parks enforcement people.

Ordinance for Second Reading. 14-00

Prior to the roll call vote President Maher opened a public portion. Seeing no hands President Maher closed the public portion.

Ordinance for Second Reading. 15-00

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

Councilwoman Marinaccio: Does this ordinance have the additional $100,000 for curbing?

President Maher: Yes.

Councilwoman Marinaccio: Did we designate what we are using the $100,000 for?

President Maher: That will be used for township-wide curbing to be determined by our public works director and the Mayor.

Councilwoman Marinaccio: Can it be worded that way in the bond? Does it have to state specific streets?

Administrator Shepler: There are specific streets listed, but says "including, but not limited to", which is the general language used in every ordinance so as not to preclude ourselves from being able to do additional projects if we have the funds.

Councilman Hoff: Some of the streets don't have curbs. The list of the streets is a general listing.

Councilwoman Marinaccio: When we designate the streets in the individual wards, we know that we have to do those streets first, and if any money were to be left over, we could apply it then to the street that is not listed on the bond. Would we not have to list something for this $100,000?

Administrator Shepler: Please look at the listing for "purpose for improvements", there is an "A" part and a "B" part. The "A" is resurfacing and reconstruction of West Greystone Road which is part of our transportation trust fund and has to be listed that way, and the other is installation of guardrails at culverts, resurfacing and/or reconstruction of various roads and the installation of curbs including, but not limited to, and there are certain streets that have been listed in every ward in the township. As soon as those streets are completed, then other streets could be included in this program.

Councilwoman Marinaccio: Can I assume that $15,000 can be used for a street in my ward? Are we dividing it up equally within the township, or is it going to any particular place?

President Maher: If it is determined by the Mayor and the public works director that this falls within the special projects for additional curbing in your area, I presume yes.

Councilman Cucchiara: You will let us know what is out of the realm of what is listed that you are doing.

Administrator Shepler: Every street is listed in the ordinance that have to be completed first.

Councilwoman Marinaccio: I can see the Mayor about what we are doing.

Councilman Testino: Once the bonds are approved, the Mayor administers them.

Mayor Cannon: I will have Mr. Donatelli evaluate them.

Councilman Cucchiara: We put a bond ordinance for drainage improvements to Riverdale, Central, West and North Street, and I was assured that the southern portions of those streets would be taken care of. Currently, the northerly portions were the only parts taken care of. When are the southerly portions of those streets being taken care of?

Mayor Cannon: We have cash capital in the budget, and I believe Mr. Iglesias has sent out proposals for design plans for the southern portions of those streets.

Councilman Cucchiara: When Mr. Iglesias court went to court in the matter of Dupont, it came out of the suit that the drainage pipes at the end of West, Central and Riverdale were too small. I want to make sure that those streets will be taken of.

Mayor Cannon: We do have the money to start the design work for the project.

Councilman Cucchiara: The design work was to have been done for the whole project -- the northerly and southerly part. We were amazed that the northerly part was done so inexpensively. I asked you at that time when the southerly portions of those roads were going to be taken care of. I asked if that was a part of the scope of the project. The answer from the engineer was "yes". We are now going to rescope that project?

Mayor Cannon: I will clarify that with Mr. Iglesias, but I know that he is utilizing the majority of the money that is in the cash capital of the budget. It has to be done prior to the end of June. I have seen the request for proposals.

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

Ordinance for Second Reading. 16-00

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

Councilman Cucchiara: Why was the street sweeper taken out?

Administrator Shepler: Rocky traded the sweeper for a sanitation truck.

Ordinance for Second Reading. 17-00

President Maher opened a public portion. Seeing no hand President Maher closed the public portion.

Ordinance for Second Reading. 18-00

ORDINANCE NO. 18-00

ORDINANCE ESTABLISHING DRUNK DRIVING FREE SCHOOL ZONES IN THE TOWNSHIP OF OLD BRIDGE

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

SECTION 1. PURPOSE

The purpose of this Ordinance is to amend the Code of the Township of Old Bridge in order to establish Drunk Driving Free School Zones as the laws of the State of New Jersey provide for increased penalties for offenses such as driving under the influence of alcohol or drugs when such offenses are committed in a school zone.

SECTION 2. DESIGNATION OF SCHOOL CROSSINGS

In accordance with and pursuant to the authority of P.L. 1999 Ch. 185, the following is a list of school crossing which have been so designated by the Township of Old Bridge:

Madison Park - Wellsley Road
St. Bernadette's - Temple Road
McDivitt School - Manny Martin Way
Westminister - Gorniak
Westminister - Downing
Westminster - Parkwood
Ocean Blvd. - Lake Avenue
Matawan Road - Ely Avenue
Ocean Blvd. - Furman Boulevard, Magic Cottage
Hoffman Pharmacy Post Office
Biondi Avenue - Genoa Section
Boulevard East - Central Avenue
Laurence Parkway - Ravine Section
Ocean Boulevard - Sunset
Harding - Harding
Ocean Boulevard - Raritan
Laurence Parkway - School #9
Englishtown Road - Midway
St. Thomas - Marlboro
Southwood - Sycamore
Southwood - Farmbrook
Voorhees - Midway Road, Liberty
Old Matawan Rd. - Bus Driveway
Miller School - Matawan Road
Schirra School - Awn Street
St. Ambrose School - Thomas Street
St. Ambrose School - Driveway, Throckmorton
Grace Drive - William
Cindy Street - Owens Road
Carpenter School - Cindy Street
Carpenter School - Utica
Grissom School - Cindy
Shepherd - Bushnell

SECTION 3. ADOPTION OF MAP

The Drunk Driving Free School Zones Map produced on or about March 12, 2000 by Nelson Iglesias, the Township Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school on school land and of the areas on or within one thousand (1000) feet of such school property.

SECTION 4. MAP AND LIST OF CONSTITUTE OFFICIAL FINDINGS

The Drunk Driving Free School Zones Map approved and adopted pursuant to this Ordinance shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1000) feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this chapter shall be amended to reflect any additional or deletions with respect to the location and boundaries of school property and drunk driving free school zones. The list of school crossings designated above by the Township Council shall continue to constitute an official finding and record of the location of school crossing zones within the Township of Old Bridge until such time, if any, that this chapter shall be amended to reflect any additions or deletions with respect to school crossing zones in Old Bridge Township.

SECTION 5. CHANGES IN LOCATIONS OR BOUNDARIES

The School Board or the Chief Administrative Officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the office of the Township Engineer and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property owned or leased to any elementary or secondary school or school board and which is used for school purposes or of any additional or deletions to school crossings.

SECTION 6. ORIGINAL MAP AND LIST TO BE ON FILE; COPIES

The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to this Ordinance and the list of school crossings and to provide at a reasonable cost a true copy thereof to any person, agency or court, which may from time-to-time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and list and of this chapter shall be provided without cost to the Middlesex County Clerk and to the office of the Middlesex County Prosecutor.

SECTION 7. MAP AND LIST AS EVIDENCE

The following additional matters are hereby determined, declared, recited, and stated:

It is understood that the map and list approved and adopted pursuant to this chapter was prepared and is intended to be used as evidence in prosecutions arising under the criminal and traffic laws of this state and that, pursuant to state law, such map and list shall constitute prima facie evidence of the following:

(1) The location of elementary and secondary schools within the municipality.

(2) The boundaries of the real property which is owned by or leased to such schools or a school board.

(3) That such school property is and continues to be used for school purposes.

(4) The location and boundaries of areas which are on or within one thousand (1000) feet of such school property.

(5) The location of all school crossings in the Township of Old Bridge.

SECTION 8: INCONSISTENT ORDINANCES

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

SECTION 9: PARTIAL INVALIDITY

SECTION 10: EFFECTIVE DATE.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth in NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the council vote in favor of such resolution.

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

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

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

Councilman Redmond: There are streets mentioned on the ordinance that are not close to schools. Is there something else included there that are not school zones?

Mayor Cannon: There are school zones plus designated official school crossing intersection.

Councilman Testino: Mr. Ruggierio, is your understanding of this ordinance is that it empowers the state statute in this regard. The state allowed municipalities to do this, is that correct?

Attorney Ruggierio: Yes.

Councilman Testino: I believe that we are not the first municipality to enact this ordinance, is that correct?

Attorney Condon: Through conversations with the administration, I think we are the second township to enact this.

Administrator Shepler: We may be the first in Middlesex County; Dover Township in Ocean County has enacted this.

Councilman Testino: Do they have any experience in enforcing this?

Administrator Shepler: This is not just a township ordinance. This is enforcing the prosecution of drunk driving in a law that was passed August 19, 1999 which became effective on the first day of the fourth month after its enactment -- December 19, 1999. This gives the police officer the right to go into court with a map that identifies drunk driving free school zones in each community and say to the judge that a person was caught DUI in this location which doubles the penalties. It also allows the municipality to designate officially by resolution or ordinance school crossing zones. If you are caught drunk driving in these areas, whether children are present or not, the fines can be substantially increased. This is not a township law; it is a state law. We are giving the people who have to enforce it some "teeth" should they have to use it. There has been a lot of misconception about this.

Councilman Testino: It appears that every major roadway in the township is covered.

Councilman Hoff: There was an editorial in the newspaper citing an example where they did not think that drunk drivers would go out of their way to by-pass a school zone. School zones are all over.

Mayor Cannon: My comment on that editorial is that there was a total misunderstanding of what the township is doing. It is a state statute which is in affect, and we are only allowing it to be implemented to have better enforcement and be better able to prosecute it by having these lists. The only good thing about the editorial is that we should implement it across town which we don't have the authority to do. That is under the domain of the state. Because our schools are scattered around and this does cover much of the area, that is a positive thing. We don't want drunk drivers in Old Bridge, and if we can deter that by education, better enforcement or tougher penalties, we should use any tool we have to make this happen.

Administrator Shepler: We are using a map that has been provided b the Chief of Police and which is used for the drug-free school zones (1000 feet around a school). The only thing we have done is to add a list of thirty-three official school crossings in the township.

Councilman Redmond: Is this defensible, and we won't have a problem prosecuting this?

Attorney Ruggierio: If someone had a problem, they would raise that in a municipal court appeal. If this was not enforceable, that would be determined by a court, and there would be no liability associated with it.

Capt. Robbins: We appreciate your taking the time and direction on this DWI issue. We all know that major highways run through Old Bridge (the Garden State Parkway, Rt. 35, Rt. 34, Rt.9, Rt. 18 and major country roads). DUI has been a problem for many years, and the Chief of Police has made drunk driving a priority. We have received grants from the New Jersey Highway Traffic and Safety for over ten years, and I have administered the DWI grant for six years. This is not money that is just given out for overtime patrols. It is money given out on a bottle tax based on the arrest and convictions within the municipality. In 1997 arrests numbered 157; 1998- 156; 1999 - 158. This is a problem in Old Bridge, and we appreciate the Township Council's support for this.

President Maher: I am pleased that Old Bridge will be a trend setter in Middlesex County with respect to this ordinance.

Ordinance No. 19-00

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 19-00

AN ORDINANCE ESTABLISHING SPEED LIMITS FOR MORRISTOWN ROAD/LAURENCE HARBOR ROAD
(AKA MATAWAN ROAD)/LAURENCE PARKWAY

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

SECTION 1: PURPOSE

This Ordinance shall establish the speed limits for travel on Morristown Road/Laurence Harbor Road (aka Matawan Road)/Laurence Parkway in accordance with the recommendations of the Middlesex County Engineer. This ordinance shall be sent to the County for consent and forwarding to the State Department of Transportation for approval.

SECTION 2: SPEED LIMITS

A. Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule IX thereof (incorporated by reference in Code Section 10-9) with the following:

The speed limit for both directions of travel on Morristown Road/Laurence Harbor Road (AKA Matawan Road)/ Laurence Parkway shall be as follows:

Zone 1 - 30 m.p.h. from the southerly Old Bridge Township line to Cliffwood Avenue

Zone 2 - 40 m.p.h. from Cliffwood Ave. To Lea Avenue

Zone 3 - 35 m.p.h. from Lea Avenue to State Highway 35

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the council vote in favor of such resolution.

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

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 19-00

AN ORDINANCE ESTABLISHING SPEED LIMITS FOR MORRISTOWN ROAD/LAURENCE HARBOR ROAD
(AKA MATAWAN ROAD) /LAURENCE PARKWAY

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

SECTION 1: PURPOSE

This Ordinance shall establish the speed limits for travel on Morristown Road/Laurence Harbor Road (AKA Matawan Road)/Laurence Parkway in accordance with the recommendations of the Middlesex County Engineer. This ordinance shall be sent to the County for consent and forwarding to the State Department of Transportation for approval.

SECTION 2: SPEED LIMITS

A. Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule IX thereof (incorporated by reference in Code Section 10-9) with the following:

The speed limit for both directions of travel on Morristown Road/Laurence Harbor Road (AKA Matawan Road)/ Laurence Parkway shall be as follows:

Zone 1 - 30 m.p.h. from the southerly Old Bridge Township line to Cliffwood Avenue

Zone 2 - 40 m.p.h. from Cliffwood Ave. To Lea Avenue

Zone 3 - 35 m.p.h. from Lea Avenue to State Highway 35

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the council vote in favor of such resolution.

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

AYES: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 21-00

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING THE OPEN SPACE ORDINANCE TO INCREASE MEMBERSHIP OF THE OPEN SPACE COMMITTEE
AND ADJUST THE TERM OF SERVICE OF RESIDENT MEMBERS

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

SECTION 1: PURPOSE

The Ordinance amends Section 2-32.1 of the Code of the Township of Old Bridge in order to increase the number of resident members of the Open Space Committee to seven (7) and to increase the length of the term of service of resident members to three years, and include a member of the Environmental Commission as a non-voting member of the Committee.

SECTION 2: ORDINANCE

Section 2-32.1 of the Code of the Township of Old Bridge is hereby amended by substitution as follows:

2-32.1 Establishment. There is herewith established an Open Space Committee consisting of eleven (11) regular members who shall serve without compensation. The Mayor and the Township Planner shall be members of the committee. The Township council shall elect by majority vote two (2) members of the Township Council who shall serve as members of the Committee, each for a one-year term. The Township Council shall appoint four (4) township residents as members of the Committee. Each member appointed by the Township Council shall serve for a three-year term, however the terms of the first four members appointed by the Township Council shall be staggered with one member serving a one-year term, one member serving a two-year term, and two members serving a three year term. The Mayor shall appoint three (3) members of the Committee who are residents. Each member appointed by the Mayor shall serve for a three-year term, however the terms of the first three members appointed by the Mayor shall be staggered with one member serving a one-year term, one member serving a two-year term, and one member serving a three year term. Members of the Committee appointed by the Township Council and the Mayor may be removed for cause by a majority vote of the Township Council. Any Open Space Committee member appointed by the Mayor and Township Council missing four (4) consecutive meetings without providing the Township Council with valid reasons for such absences may be removed for cause by a majority vote of the Township Council. The Open Space Committee shall annually select from among its regular members a Chairperson, Vice Chairperson and Secretary. In addition to the eleven (11) regular member of the Open Space Committee, the Environmental Commission shall appoint one nonvoting member to the Open Space Committee who shall serve as liaison between the Open Space Committee and the Environmental Commission for a one-year term.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the council vote in favor of such resolution.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilman Butler, Hoff, Redmond, Sohor, Testino, President Maher.

NAYS: Councilman Cucchiara, Greene, Councilwoman Marinaccio.

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

Motion

to amend Ordinance No. 21-00 to allow for a bipartisan membership by appointing a council member from each party to the Open Space Committee moved by Councilman Cucchiara, seconded by Councilman Sohor and so denied on the following roll call vote:

AYES: Councilmen Cucchiara, Greene, Sohor, Councilwoman Marinaccio.

NAYS: Councilmen Butler, Hoff, Redmond, Testino, President Maher.

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

Councilman Testino: Is the ordinance that was proposed the one that proposed by the committee, correct?

President Maher: This is the ordinance that has come out of the Open Space Committee. This expands council appointments as well as mayoral appointments.

Councilman Cucchiara: This was brought up in September last year, when the committee decided to increase the membership and when we decided that this committee should be bipartisan. We will be dealing with tax dollars, and that is why I made the recommendation of bipartisan.

Councilman Redmond: We are voting on increasing the resident members. Are you saying that the residents have to be Republicans or Democrats? We are not changing the council members?

Councilman Cucchiara: The amendment was to say that the council members would be bipartisan, not the residents. That is what we discussed during a meeting of the Open Space that this committee would be bipartisan.

Councilman Hoff: This ordinance deals only with resident members.

Councilman Cucchiara: It deals with the fact that this committee is to be bipartisan.

President Maher: That is not what recommended by the Open Space Committee.

Councilman Cucchiara: That was recommended by the Open Space Committee in September or October.

President Maher: This changed surfaced from the Open Space Committee?

Mayor Cannon: The committee wants more citizen members.

President Maher: Did a recommendation come from the committee regarding council members?

Mayor Cannon: It makes sense to keep it bipartisan.

Councilman Greene: The revised ordinance reads "the Township Council shall elect by majority vote two members of the Township Council who shall serve as members of the committee". If you want to make the committee bipartisan, it would be simple.

Councilman Cucchiara: The rest of the ordinance specifies how this is broken down into membership.

Councilman Redmond: What do we do if the council became all one party?

President Maher opened a public portion.

Mr. Galante: What happens if council has independent. How would you amend the ordinance then? The council reflects the will of the people. This all works out without legislating.

Councilman Vitale: The council majority should be the majority on any board by one. You may want to keep the two democrats on the Open Space Committee, and put one republican. If you have an independent, you will always have the majority party having one more than the minority party. That should be standard for all boards keeping the membership consistent, and the residents would be represented by both parties. Change all the ordinances.

Mr. Pagnotta: Council should communicate with each other.

President Maher: We cannot have discussions outside of a public meeting.

Seeing no further hands President Maher closed this portion.

Discussion Ordinance.

DO-1 Amend Ordinance No. 38-98 Sale of Flowers - Change wording in Section 5-9(A) 2 as indicated in the ordinance.

Clerk Saracino: The present ordinance is ambiguous as to the amount paid. We want to make it clear that a fee has to be paid per event.

Attorney Ruggierio: This ordinance was drawn based on Rose-Marie's suggestions.

Councilman Greene: An ordinance is only as good as its enforcement. There is mention in this ordinance that sale of flowers is prohibited within 2000 feet of a florist. I believe that I have seen a violation.

Clerk Saracino: I have memo going out to the police department to make sure that no one is operating without a license.

Councilman Redmond: If a person sells for a particular holiday three weekends preceding the holiday, does he have to pay a fee for each weekend?

Clerk Saracino: They are only allowed certain days prior to the holiday to sell. We had an application to sell for both Easter and Mother's Day, and we want to charge $75 for each holiday.

Councilman Testino: They are not allowed to stay in the public right-of-way and knock on car windows?

Clerk Saracino: No, they are not.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 22-00

An Ordinance Amending Section 5-9 of the Code of the Township of Old Bridge
Relating to Permits for Holiday Sales of Flowers and Plants

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

Section 1. Purpose

The purpose of this Ordinance is to amend Section 5-9(a)(2) of the Code of the Township of Old Bridge in order to revise the procedure for obtaining a permit for the sale of flowers and plants for holidays.

Section 2. Amendment

Section 5-9(a)(2) of the Code of the Township of Old Bridge is hereby deleted and amended by substitution as follows:

2. A fee of seventy-five ($75.00) dollars shall be payable for each occasion specified on the application.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

Section 5. Effective Date.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT PODIUM: Councilman Hoff, Councilwoman Marinaccio.

Consent Agenda.

No. 206 Awarding Professional Service Contract to CMF for Forestry Services.

RESOLUTION

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

WHEREAS, the Township of Old Bridge requires the services of a firm for purposes of providing consultation and expertise in all matters of municipal forestry; and

WHEREAS, CMF Consulting & Municipal Foresters Co., Inc. is a licensed New Jersey forestry services firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with CMF

Consulting & Municipal Foresters Co, Inc. for purposes of providing the aforesaid services relating to all matters of municipal forestry.

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

1. A contract for professional services is authorized to be entered into with CMF Municipal Foresters Co., Inc. to be paid from escrow.

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

This resolution is conditioned upon the following:

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

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

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

D. Compliance by the Vendor with filing of the Affirmative Action Form AA302 or AA201 or otherwise complying with affirmative action employee information reporting.

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

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: N