Old Bridge Township, New Jersey - May 8, 2000 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held in the Municipal Complex on May 8, 2000. The meeting was called to order at 8:00 p.m. by President Maher who invited all in attendance to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk, Stella Ward announced that this meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, President Maher. Councilman Testino arrived at 8:20 p.m.. Councilwoman Marinaccio was absent.

President Maher: Today is Student Government Day and we have some students from our high school here this evening who took over the various township department head's duties today and are here to comment on their day.

The student and the job assignment they assumed were as follows:

Jamie Morrison, Mayor
Dennis Leventhal, Administration
Department of Law, Bonnie Weinstein
Tax Assessing, Derrick Freeman
MIS/Data Processing, Doni Arumenti
Engineering, Nadirah Stokelin
Code Enforcement, Crystal Davis
Municipal Court, Kharisma Gray
Public Works, Natalie Batlle
Police, Keri Miller
Recreation, Sean Frew
Library, Regan McGovern

Each of the above students gave a brief report on how they spent their day with the individual members of the various departments and learned how the Township operates on a day-to-day basis.

Jamie Morrison: On behalf of Old Bridge High School and all the students that participated we would like to thank the Township of Old Bridge, Mayor Cannon and the Township Council for making this day possible and you make us all proud to be residents of Old Bridge.

Mayor Cannon: On behalf of Old Bridge Township I would like to thank you. You are a wonderful group of young people and I think you do Old Bridge proud and I hope you go on to be the best that you can be and hopefully some of you will decide to go into public service work and government because all of us will benefit from it. Thank you again.

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

Approval of Minutes

Resolution #226

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

WHEREAS, the following minutes are hereby approved:

Regular - March 27, 2000

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, President Maher.

NAYS: None.

Absent: Councilwoman Marinaccio

Bill List:

RESOLUTION 227

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 May 8, 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 May 8, 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 $21,949,418,27 (Accounts Payable)

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

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

NAYS: None

Absent: Councilwoman Marinaccio

RESOLUTION 228

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

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

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

NAYS: None

Absent: Councilwoman Marinaccio

RESOLUTION 229

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

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

Motion made by Councilman Butler, seconded by Councilman Cucchiara and so denied on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Redmond, Testino

NAYS: Councilmen Greene, Hoff, Sohor, President Maher

Absent: Councilwoman Marinaccio

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

President Maher: I have some questions that I want to direct to Administration regarding overtime. On page 3, in the Police Department/Civilian, is that dispatchers for the amount of $4100.00? Do we have a shortage of dispatchers?

Alayne Shepler: We are currently down three dispatchers. Two are out on disability and one has not been replaced as of yet.

President Maher: Are we actively interviewing for the open position?

Alayne Shepler: Not until the final numbers are looked at in this budget.

President Maher: There is overtime in the Township Engineering Office - $585.00, is that billed back to the developers?

Alayne Shepler: When it is appropriate, yes. In most instances, it is escrow accounts. With regard to this amount, I don't have the details with me, I will check it for you.

President Maher: With regard to the overtime in the Municipal Court, why would we have this overtime?

Alayne Shepler: There is always overtime in the court. It is the nature of the hours that they work. We do involve flex time, however there are certain hours that cannot be avoided and that is every payroll.

Councilman Cucchiara: I have a question for Mr. Shah. I had previously asked about what our anticipated savings would be this year on the PERS, since the State is picking it up for next two years.

Mr. Shah: I gave it out to the Council.

Councilman Cucchiara: You might have given it out at a meeting when I was not present, so please send me another copy.

Councilman Redmond: Alayne, you said that we were not actively interviewing for the open position, we are filling it with overtime and how long can we anticipate that will go on?

Alayne Shepler: Until the Mayor's budget is finalized; the July 1st budget. July 15th is the deadline and at that time a recommendation will be made.

Certificate of Recognition

Mayor Cannon: We have a very active Cultural Arts Committee. They started a new project this year in which we advertised for residents to put together a video called "The Best of Old Bridge". We were very, very pleased with the result, and this is the winner, Daniel Klein.

He got together with some of his friends and made a real great video that you will all see on Channel 70. So in recognition on behalf of the Township I would like to present to Daniel Klein this certificate:

Certificate

Excellence presented to Daniel Klein, Congratulations on winning "The Best of Old Bridge Video Contest sponsored by the Cultural Arts Commission. Your community spirit is reflected in the video and it was most commendable.

Lance Hilfman: We also have some gift certificates from the township businesses, who sponsor the Cultural Arts Committee in Old Bridge Through Your Eyes. We all liked the winning entry. The Cultural Arts Committee is going to be having a TV show and we will be running it every month and it is going to be called "The Art and Soul of Old Bridge". The first presentation will be the end of this month and the video will be on it. We want you all to watch and we will let everyone know when it is. We are also having a talent show at St. Ambrose Fair on June 22nd. Any Old Bridge resident who wants to audition and be on stage at the fair at St. Ambrose, there will be notices posted for the audition dates.

Report of the Clerk

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of April 2000:

DOGS:
2481-2767 $2,346.00

CATS:
1-152 $1,085.00

LICENSE:

VENDING

Amusement - $25.00 each
#102-131 Issued in January, 2000 (CIC Corp $750.00)
#132 Carousel $25.00
#133-135 Pepperheads $75.00
#136-138 Friendly Sons $75.00
#139 Old Bridge Bar & Liquors $25.00

Snack - $ 5.00 each
#79 D. Schreiber $5.00
80-81 Issued in March (Marleybone [#80] & Summerhill Nursing Home [#81])
82-86 Full Time Vending $25.00
87-88 R&S Strauss $10.00
89 CSB Management $5.00
90-91 Mycor - Blonder & Tongue $10.00

Soda - $10.00 each
#50 D. Schreiber $10.00
#51-57 Issued in March (Summerhill Nursing Home [#51] & Pepsi Cola [#52-57])
#58-66 Full Time Vending $90.00
#67 CSB Management $10.00
#68-72 Mycor - Blonder & Tongue $50.00

Food - $25.00 each
#3&4 Mycor-Blonder & Tongue $50.00

LIMOUSINE
Ahamed $35.00
DVG Limo $35.00

HOT DOG
#175 Dutton $50.00
C. Loudin - TEMP - Not issued yet $50.00

USED CAR
#271 Zippo's Car $350.00

ICE CREAM
#174 Tango Ices $25.00

SALE OF FLOWERS
#269 Sunni Calcetta $75.00

SALE OF GOLD
#270 Madison Variety $25.00

$1,110.00

LIQUOR LICENSE
Transfer Application (Buy Rite 2 apps) $8.00
1209-33-017-001 Glenwood County Club Place to Place/Expansion $131.38

RENEWALS

Consumption
1209-33-029-002 Grand Marquis $1,313.83
1209-33-001-002 TGI Fridays $1,313.83
1209-33-038-001 Eugene O'Rourke $1,313.83

Club License
1209-031-038-001 Old Bridge Elks $124.41

$4,205.28

SEARCH
9,10,11,12-00 $40.00

MAPS
4 street maps $20.00

MISCELLANEOUS:
Late Fees $606.00

Total: $9,412.28

Motion to accept the report, made by Councilman Butler, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: None

ABSENT: Councilwoman Marinaccio

Attorney's Report

Attorney Ruggierio: The main thing that I have to report is that on Tuesday, May 16th, we will start the Hannigan trial. For those of you who have not heard me speak of this, it is about a young man that was denied a police position, was not selected for a police position in 1985 and has been suing the Township for the last 16 ½ years. This one we will not settle, we will go to a trial and it will be decided by a jury.

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio

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

Councilman Butler: You stated that he started this suit in 1985 am I correct?

Attorney Ruggierio: Yes, he did.

Councilman Butler: How old is he? I would think that he is well past the age limit.

Attorney Ruggierio: He is well past the age limit. He is 39-40 years old. There is no chance that he can be a police officer anymore. At this point, he just wants money from the Township.

Councilman Cucchiara: Forty years old is the new age limit by the Federal government.

Preliminary Public Comment

Matt Reck: My address is 37 Piersoll Road in South Old Bridge, Ward 6. I was at a meeting about a week ago and the curbs on the entire street as well as the curbs on Hilliard, Dobson and Pace and the whole Old Bridge Gardens section are 46 years old and need to be replaced. I mentioned this at the meeting and the Mayor made a comment to me that I should go speak to my councilman. I only had a chance several minutes ago to speak to my councilman about getting curbs for that area of town and I just wanted to make the rest of the council aware of the situation and hopefully they will give it some consideration.

Councilman Cucchiara: To answer your question, what I try to do is get Rocky and the engineering department to go out and they try to take the curbs in each section of the ward and they try to get the worst ones first. I know that Piersoll is in bad shape, but we have other parts where the curbs are completely gone. Eventually, we will hit all the curbing, it will all be done, it is just a matter of time. We only just started the program, it is our second year and I can guarantee you that it will all be done.

Matt Reck: I thank you, and I know it is not going to happen overnight and government takes time.

President Maher: Thank you for bringing this to the Council's attention.

Public Comments - Consent Agenda

President Maher: Does anyone want to speak on anything on the agenda this evening? Seeing no hands, I close this portion of the meeting.

Reports

Cheesequake Village/Barkley Square Dam

Nelson Iglesias: Essentially, I do not have much to report because up until very recently I have not heard from the Cheesequake Village Association engineer, as a matter of fact, I finally spoke with him this morning. When we talked he was asking me about topographic maps of the area so he could begin his drainage analysis, which he needs in order to either fix it or decommission the dam. I have also talked to the Cheesequake Village attorney who is here this evening.

President Maher: There were a few action items from our last meeting. You were supposed to meet with the engineer from Cheesequake Village.

Nelson Iglesias: He came to my office and we went over the entire drainage area and the topo maps that we have in my office as well as the history of the dam as far as my records indicate and we discussed the possibilities of the detention basin and what can be done and the extent of how we felt about the idea of decommissioning or fixing the dam. There were many questions up in the air. Without a complete drainage analysis, and a complete environmental look into the situation and also the historical and legal part, we cannot come to any conclusion at this point. I think there is a lot more that has transpired since my meeting with the engineer.

The whole idea of meeting with him was to discuss technical aspects of the site and that is fairly easy to complete once the information is there.

President Maher: What are the next steps?

Nelson Iglesias: The way I look at this whole thing is, and you must understand that whether it is fixed or decommissioned, there is a large amount of engineering that must be performed. That information must be approved by me as the township engineer and DEP. I think that the bottom line comes down to a legal issue because as I have said from the beginning, this is a private matter. The dam as it is positioned on the maps indicate that it is private property. That is the basic question whether or not it is a private matter.

President Maher: Who is working on the legal issue?

Attorney Ruggierio: Our township engineer came and spoke to me at some length about the engineering and about the issues as he saw them. I am not really prepared, but I will be happy to tell you what the sense of our comments were. The easiest way to deal with it is probably to over-simplify it as opposed to being entirely accurate about every little detail. Basically, the legal responsibility for the maintenance of this dam was imposed upon the Homeowners Association of Cheesequake Village. That legal obligation as I understand it persists today. There are other people in a nearby development whose property is perhaps enhanced because they have lakefront vistas that are not substantially legally responsible and perhaps not legally responsible at all for participating in the maintenance of the dam. Then there is the question of the township's involvement. The township as a legal matter has not financial responsibility, but it think it was appropriate advocacy by our township engineer as well as the Environmental Commission who contacted me, that this body of water was habitat potentially certain types of wildlife and was a natural feature of the town although not a very well seen one that should be preserved. So beyond the motivation of the Council right now to try and relieve these homeowners of the financial responsibility there might be an overriding public interest in seeing that this dam is preserved. In that context, I got information and gave advice to the township engineer and what I came away with was that a view that basically it is theoretically possible to reimpose, if we can get 100% cooperation, obligations of maintenance of the dam should it be reestablished upon persons broader than the Cheesequake development. It might also be appropriate, assuming there was no bar to public access to this property, for the township to become involved in maintaining this dam. There you have to consider not so much the legal question, but more importantly whether or not you are setting a precedent for other types of improvements where people have been obligated by virtue of homeowners documents to maintain them. You may end up with other people knocking on your door and saying relieve me of my financial responsibility. The long and short of it was that if analyze this according to the facts, it is something that is purely a private matter. If the Council wants to get the township involved in it and I think you should think through the implications, and it is Nelson's view and it made sense to me that the maintenance of the dam and the body of water was something to be advocated as opposed to the alternative and turn this back into some type of running stream.

President Maher: I want to bring to the Council's attention that we have a memo here from our Environmental Commission Chairperson, Blanche Hoffman, indicating that she is in favor of not recommissioning the dam, but rather repairing and working on the issues of who will maintain it after the repair.

Phil Tanala: I am the president of the Cheesequake Village Homeowner's Association. I have seen the request made by two state legislators to have $150,000 inserted into the State budget. We had to request from DEP an extension of the time limit that they gave us which was April 28th. We have requested that date be extended past July 1st when the State budget will be passed. I have been assured that most likely those funds will be appropriated to us. That would either take care of repairing the dam or decommissioning it depending upon the engineering evaluation. We have our attorney present who has come up with additional information.

President Maher: I saw Assemblyman Thompson last week and he informed me that he has been getting the extensions with the DEP. He assured me that he would go and continue to get those extensions. So I think we have enough cover on that end.

Phil Tanala: I spoke to Al Golmolka, the superintendent of State Parks and he toured the whole area and he felt that it should be decommissioned and it was proper to me to mention to the Council that if you wish to speak with him he will return your call. He feels very strongly that it should be decommissioned. You should remember that the dam broke in May 1998, we have had hurricanes and so on since then and it has not caused any hazardous conditions and more or less is back to its natural environment as a stream through that ravine.

Michael Pallone: I am the attorney for the Association. We did meet with the engineer and there was a great exchange of information. There was also an agreement that there was still more information that had to be exchanged. However, in speaking with both with Nelson and our engineer, I am hearing that there is a great deal of certainty that the drainage area into this lake exceeds just Cheesequake Village that there is at least Barkley on the other side and possibly others. An examination of the engineering maps will help us reach that determination. The angle I want to take and I agree with Mr. Ruggierio's analysis, however, I think that might be some legal obligations on behalf of the Township of Old Bridge to make these repairs or take over the repairs of this facility. I am not saying that there in fact is, but my argument would run something to the effect that if the Township of Old Bridge in 1973 imposed certain drainage requirements on Cheesequake Village, that in fact were a defacto regional water maintenance facility, it might be incumbent upon this town to take it over as it does in other instances. What I am saying to the Council is if we can make that kind of legal argument, then the Council is not really on the hook as being a "benevolent" Council helping out a particular section of tax payers, but they are acting on a proper legal basis and doing what they should be doing. What we are doing now is looking for the engineers to determine that it is a larger area than first thought and there might be some legal basis on the law suit between the developer and the town in 1973. I think that we might be able to come to some sort of consensus with your attorney as far as that is concerned and then we can address the cost and how they can be allocated.

Corrine Kaplowicz: Blanche Hoffman asked me to come in and reiterate what was said earlier that she is in favor of having the dam not decommissioned. I have been informed that there is some absolutely fabulous fishing in the area and I know there is something about an open space referendum and it is going to be voted on later. Is there a possibility of having this particular piece of property introduced as one of the open space referendums.

President Maher: I would like to suggest that we have follow-up meetings between Nelson and the engineer of Cheesequake Village and that Mr. Ruggierio follow-up on the legality with their attorney regarding other subdivisions. I would like to carry this for the next thirty days knowing that Assemblyman Thompson will be procuring the extensions till the State adopts their budget.

Hearings

Release/Reduction of Performance Guarantee - Hampton Court

Mr. Iglesias: Hampton Court is a subdivision located off Cheesequake/Morristown Roads near Disbrow Road, some twenty-two lots. Essentially, the site is completed, we have no problems. The bond was reduced in 1998 to 60%. We had a preliminary hearing on February 16, 2000 and there were no complaints from anyone there at that meeting. One letter received from Mr. Charles Tan, #9 Hampton Court, dealt with the fact that the grass was not growing properly at the time and he suspected some water problems. We have inspected the site since then and we observe no problems of grass or water. We investigated the site further and we performed some boring on the pavement and we found the borings to be defective, approximately one inch in pavement and we are suggesting that the developer pay the town for the deficiency and that amounts to $8,000.68, which the township is to retain. Other than that we are recommending release subject to the posting of a maintenance bond.

President Maher: I know you did the borings, I read the memo and they were deficient in the asphalt in the topping. Is there any long term damage to that road that we should be aware of in terms of cracking? I know we are going to put a topcoat on it, but I am concerned you build a house and a house is only as good as your foundation.

Nelson Iglesias: Our cross section, that is the township standards is quite good. We are talking about five inches of base and 2 ½ inches of top, that is pretty much a highway cross section and I don't see any problem. You understand that when the pavement is being laid that is the time you catch this deficiency. You have the inspectors measuring the depth every so often and even then rollers go by and there is always a deficiency you cannot prevent that. In terms of structural capability, it does not do any damage to the road.

President Maher: Then are you saying this is a common occurrence?

Nelson Iglesias: Yes, I am afraid so. In the past we have had similar situations.

Councilman Redmond: How does this work? He pays us $8000.00 and what is that for?

Nelson Iglesias: Well, if you release the bond, the township takes over the maintenance of the road. The $8,000 goes into our account for that purpose for maintenance of the road at some point.

Councilman Redmond: The problem I have with that process is that we put money in curbs and paving that is split up among the wards. Now, there is another $8,000 that goes into the General Account, but this is over and above and is due to a deficiency when the road was put in, and now we would have to use our bonding money.

Nelson Iglesias: You are asking me finance questions and I cannot help you on that.

Councilman Redmond: Maybe Himanshu can help me on it. What are our other options? We could hold the bond and tell them you pave it.

Nelson Iglesias: It has to make sense. You are saying remove the top, go back in there and put in one more inch of base and then come back and repave it again.

Councilman Redmond: I understand that and I am simplifying that a little. What I am saying is it is a finance question and we are putting the $8000 in our General Fund and then repaving it with our bonding money does not make sense to me. If it has to be redone that money should be earmarked for when it comes time to redo this road and we should not have to go into the township's money that was earmarked for roads. I don't like that process.

Nelson Iglesias: You understand one thing the average road life is between 30-50 years, it depends on how you take care of the roads. The thing we do is the surface course, the wearing course as it is called, which is the top 2 ½ inches.

Councilman Hoff: I appreciate Mr. Redmond's intense concern with bonding, but this is a whole different ball game. It does not interfere with the bonding money at all, this is money on a release and I am familiar with the specifications that our engineer has and there are better than highways. He has the proper sub-base and the road is solid and firm and all it needs is an overlay whenever necessary. I am convinced that Nelson is on top of this and would like to go with the engineers recommendation.

Councilman Greene: The longer we debate this the more I get confused. Are we talking about one inch of top surface or one inch of sub-surface?

Nelson Iglesias: If you read the bottom of page #1, it is the base deficiency. The top coat was deficient .28, this is about 3 inches.

Councilman Greene: Is this about someone going out and laying one inch of surface on that road?

Nelson Iglesias: If that is what we want, but I don't think it is necessary. You have to understand that the boring takes place after the road has been paved. You don't do it while it is being done, which is probably the time to catch it. So this result comes way later and the sub division has been used for year.

Councilman Greene: Why do you make a decision that the township worry about the one inch as opposed to the developer?

Nelson Iglesias: I am not. All I am doing with this report is telling you the facts as we found them. The reports comes to our office and it is our job to tell you.

Councilman Greene: What you are saying is there is a deficiency, take $8000 from the developer, put it aside to be used at a later time. Why do that as opposed to telling the developer take care of it.

Nelson Iglesias: Because it does not make any sense. Once the top course is laid, you notice that there are inlets, catch basins, and the pavement comes to the very edge, also, manhole covers are right to the top so if you put an additional inch or more, then you will need repairs to the basins and manholes. There has to be a logical reason why you want to do this and I am saying from a structural point of view, there is no need for it. Why don't we just keep the $8000 and use it somewhere else?

Councilman Greene: You can certify as an engineer that this road as it stands will be structurally fine for a good number of years; we are not going to have to come in five years from now and fix a problem?

Nelson Iglesias: Yes, sir.

President Maher: I heard you say that the life span of a road is between 30-50 years, so you don't think we will have be back for a minimum of 30 years?

Nelson Iglesias: Well, there are no guarantees for anything in life, but that is really the answer 30-50 years.

Councilman Sohor: This development doesn't have a detention pond or retention basin; where does the runoff go?

Nelson Iglesias: It goes directly across the street into a gully. There is a large culvert there owned by the County.

President Maher: It goes through Cheesequake Park.

Councilman Sohor: It goes around Barclay Square.

Nelson Iglesias: Mr. Sohor, I think I know where you are leading.

Councilman Sohor: I am just wondering after hearing the discussion from the attorneys with regard to water coming from other developments in the area, and I am wondering since I was on the Planning Board when this was approved, I know the water course coming off that development made sense because it is a natural flow into the pond. Are there any possibilities that there might be some contribution from this property to the problems of the dam? I don't know if we can get a legal opinion right now, at this point if there is a problem we have a way of possibly ameliorating it. If we do a full release at this point we definitely cannot go back to the developer.

Attorney Ruggierio: I know we are getting off on a tangent, but it seems to me that when you were addressing it before, Council was missing a piece of what you told me in our discussion and that is the quantum of runoff from a development not being different because it happened to have more impervious surface.

Nelson Iglesias: It has to do with what we think was an original detention system. Original means that a detention basin collects water from all sorts of other places before it goes down into the basin and eventually out to sea or a river. This particular site is just one more along the run of the stream that connects into and eventually into the lake. The conditions why this particular site did not require detention basin was the fact that the discharge goes directly into a galley of such depths and cross section and the proximity of that to the river all led to the point that there will be no further down stream damage, which is still the basis of determining a need for a detention basin. The site was approved by the Planning Board without a detention basin if it should come down to a legal issue, so there may be no recourse as to whether or not you can impose a fee on the subdivision.

Councilman Sohor: Is there any real possibility that there is any liability on the part of the subdivision to that situation at Cheesequake Village because now is the time to hold back any funds if there is any possibility?

Attorney Ruggierio: The answer with respect to this particular development and any development that might already be at this stage through a planning process is absolutely "no".

You cannot impose additional requirement at this stage. But one of the things that was compelling when Mr. Iglesias and I were discussing this matter was that there are natural corridors of drainage that exist independent of any development. What development does is apparently increase the speed at which the runoff occurs and sometimes that requires the water to be detained and that is really the purpose of a detention basin. It would not be unusual that this place where the Cheesequake pond is would not be a natural place for the water in any event. It is just that in putting a dam there it becomes a pond or a lake.

Mr. Donatelli: I am trying to understand something, was the five inches of base put in? If the five inches of stabilized base was not put in, that tells me that whenever they started their base they started too high. If they started too high, then you can never correct it unless you rip out everything. If there is a cut on the blacktop as far as the amount of five inches of stabilized and the two inches of top, and it breaks up, you know who is going to pay the bill after that.

The other thing that you have to worry about is that this area is clay and there is nothing worse than putting a road on clay base material, but the five inches base and two inches of top has proven to hold up. I am saying that if we are shy of any type of depth, possibly nothing can happen, but if it does what guarantee do we have that the town is not going to be paying for it.

President Maher: That was my original question as well as Mr. Redmond's and Mr. Greene's.

Nelson Iglesias: Rocky's concerns are obviously mine too. I want to make sure that the road that we are going to take over is in excellent shape and is not going to fail on us. One of the problems we have in this town is clay and the water content eventually produces problems. All of our new roads have a six inch gravel below the pavement. That gravel is to collect water and take it away. There are a number of things that we do to a road that protects them.

Councilman Sohor: In view of Mr. Donatelli's concern, I am wondering if it would be possible for us to delay formal action on this because I am sure the inspection records will have the details that Mr. Donatelli referred to.

Nelson Iglesias: We have gone through the winter, it will not fail.

Councilman Sohor: If you could go to your office and come back with that information and put all our minds to rest.

Motion

Motion to table to May 22, 2000 made by Councilman Testino, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: Councilman Hoff.

ABSENT: Councilwoman Marinaccio, Councilman Butler

Michael Pallone: Is that service saved?

Attorney Ruggierio: He wants to be excused from reserving notice and I think that is a reasonable request.

President Maher: Yes, that is reasonable. We will carry this to our May 22nd meeting.

Hearing:

Release/Reduction Lowell Manor

Nelson Iglesias: This site was before you previously and there were numerous problems with the site at the time. A decision was made by the board to give the applicant several weeks to get the problems solved. They are seeking a release of the performance guarantee at this point. The main problem that held back the release the last time was drainage problems between #27 and #29 Emily Drive. In reference to that, I met with the applicant's engineer and they prepared a plan that would handle the drainage for three sites. In any event, the sketch was approved by me and my understanding is that it has been installed and there are no further problems. The next problem has to do with township trees. The follow that brought the report to the Council was correct. We had our own tree expert submit a report and it indicates a large deficiency with the trees and you have a report with his recommendations. My recommendation is to hang on to that money and then some. I am asking for $30,000 to be retained to make sure that the trees are planted. There are no other problems that I can see. There was another problem from Mr. Blair #40 Lorton Court, an adjoining property and his problem can be taken care of through that subdivision not this one. Lastly, and this is a problem of my own. It has nothing to do with this developer, but with the homeowner's association. The last time around they asked for the Township to take over the detention basins. One of them is very easily accessible, the other is not. My report to you indicates that the access to one of the basins is entirely blocked. The homeowners adjourning an access and drainage easement, they have built fences on both sides in such a way that there is no room for anything between the two fences.

There is supposed to be a twenty-five foot access but between both fences there is approximately a one foot opening to get through. I have sent letters to the homeowners association and the two persons directly involved. There are other ways to handle this matter. I have discussed with the Mayor, that perhaps the Board of Education could allow our maintenance vehicle to go through their property onto the detention basin, that could allow these people to keep their fences the way the are; that is a legal problem and not an engineering one.

President Maher: That is through the Salk Middle School, right?

Nelson Iglesias: Yes, if the Board will allow that, fine. Otherwise, these people will have to remove their fences. The township has every right to ask them to do so. The fact is the access has been blocked.

President Maher: Did we waive the re-notice?

Ron Schimanowitz: I am the attorney for Lowell Manor. Mr. Iglesias has summarized where we are at. He is recommending that you hold back $30,000 cash and entirely release the bond. His concern is in regard to the status of the shade trees and is basing his concern on the CMF report dated May 2, 2000 signed by Mr. Gary Lovallo. Lowell Manor's position is that this Council is bound to release all of the performance guarantees, the bond as well as the cash entirely and the reason is because we wholeheartedly disagree with Mr. Lovallo's report and that there is not a great problem with the trees in this subdivision. This job has been over planted and in a minute, I will let Mr. Eckstein describe how many extra trees we have planted. Whatever trees are dead or missing we will replant and we have recommended that this be done in the fall as that is the appropriate time to make those plantings. There are four items in Mr. Lovallo's report and one of those items states that burlaping should be removed from the plants and that has been done. The second item is that certain strapping should be removed that also has been done and there were certain trees planted in a site-triangle easement, it is three trees and we are willing to do that. The fourth item has to do with the depth of planting and if I may I would like to call upon Mr. Steve Miller who is the gentleman who is the subcontractor who actually planted the trees and does this for a living.

Councilman Cucchiara: If we are going to have Mr. Miller testify, I would like to have Mr. Lovallo here at the same time.

Mr. Schimanowitz: You are welcome to have Mr. Lovallo, but I am here ready to present our case.

Councilman Cucchiara: They have their expert and we don't have ours.

Councilman Testino: We will just have to take another two weeks and get Mr. Lovallo down here.

Councilman Cucchiara: If they were having their expert, they should have noticed us and given us time to have our expert here. Let's wait two weeks.

Motion

Motion to table to the May 22, 2000 meeting without additional notice made by Councilman Cucchiara, seconded by Councilman Testino and so ordered on the following roll call vote:

Motion

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

NAYS: None.

ABSENT: Councilwoman Cucchiara

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

Councilman Testino: I would feel more comfortable if the Homeowner Association was noticed.

Councilman Redmond: Are there issues other than the tree guy that we might need some expert advise on?

President Maher: The fence. In terms of professionals for the representatives of Lowell Manor, we will have the township arborist here. Is there anything else you are disputing here?

Mr. Schimanowitz: The only thing that Mr. Iglesias has raised in his report that warrants retaining some of our performance guarantee is the trees. That is the only thing we feel duty bound to address. I am rather disappointed that you are tabling this as I think it is rather unfair that we come here with our expert in response to your expert report. It is up to you to be prepared. We don't have to notify you as to what presentation we are going to make. I will tell you that we were prepared tonight, and I will see you in two weeks or elsewhere.

Councilman Cucchiara: It does not bother me.

Mr. Schimanowitz: I don't know why this is becoming acrimonious, we came here in good faith with a gentleman who is an expert in this field and it seems to me that you are on the attack for no reason.

Councilman Cucchiara: Because you did not give us a chance to have our expert here. If you were bringing an expert you should have told us.

Mr. Schimanowitz: I have no duty whatsoever to inform you and I would call upon Mr. Ruggierio to give his opinion on that. I am here to present my case and I am entitled to bring whoever I like. You are taking the position that you have to have your experts as well and I do not understand that position. The only point I am going to make is obviously you are going to table this. However, I am going to advise you that we have another letter to present from another expert, his name is Michael Mayer he is a certified tree expert, he is with Kauffman Tree Services, Inc. and it is likely we will have him here as well.

Nelson Iglesias: I think it would advantageous if I have all three experts come to my office and discuss the issue and then report back to you.

Corrine Kaplowitz: I live at 27 Emily Drive. My request is that the entire board on the Homeowners Association be notified, there are five people who sit on the board.

Mr. Schimanowitz: Is Mrs. Kaplowitz on the board?

Corrine Kaplowitz: No longer.

President Maher: If the Homeowner Association is noticed, I am sure that one letter is sufficient and the association can disseminate it to the rest of the board.

Councilman Greene: I would like the Administration to get back to the Council as far as those fences as to what was approved by the Township.

President Maher: Alayne, would you please look into this matter and report back to the Council prior to the May 22 meeting.

ORDINANCES FOR SECOND READING:

Township of Old Bridge
Ordinance No. 11-00 (TABLED)

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.

Motion

Motion to table to Meeting of May 22, 2000 made by Councilman Sohor, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: Councilman Hoff

ABSENT: Councilwoman Marinaccio

NO PARTICIPATION: President Maher

Motion

Motion to deny made by Councilman Hoff, seconded by Councilman Cucchiara

NO VOTE TAKEN

Motion

Motion to deny this Ordinance if no results by June 1, 2000 made by Councilman Testino, seconded by Councilman Sohor and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Marinaccio

NO PARTICIPATION: President Maher

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

Councilman Butler: My first question is to the committee members, have there been any meetings and are there any meetings scheduled in the near future?

Attorney Ruggierio: I spoke today to Mr. Wolfsohn of Cablevision and I explained that I thought the Council would be anticipating a favorable report from the cable company or bad things might happen. He indicated to me that the cable company is prepared to meet with the Committee and is willing to sharpen their pencils and he believes that the proposal they will make in connection with this matter would be presented. He solicited me to schedule a meeting and convey to the Council that this was their position. He also indicated that there were a number of items of research that he was obligated to do after the last meeting and he stated he had completed 99% of that research and it would be completed by the time we met.

Attorney Ruggierio: The next order of business is to set-up a meeting to see if an agreement can be reached.

Councilman Butler: Did he give you a specific date and time for this meeting?

Attorney Ruggierio: I actually suggested to him that he have someone here this evening because I don't think anyone feels comfortable conveying messages from Cablevision. The answer to that question is the "ball is in our court", and we should tell him when we should expect them to be at a meeting and he indicated that Cablevision representatives will come with this information.

Councilman Butler: Members of the committee can we schedule a meeting for late next week?

Attorney Ruggierio: We will schedule the meeting for an evening. If I can't make it, I certainly will convey to Jim what the important points are.

Councilman Butler: Can we agree on a date and time now? How about next Wednesday, May 17, 2000 at 7:00 p.m.? Bill, we will ask you to firm that up for us.

Attorney Ruggierio: We will also notice everyone.

Councilman Hoff: I can admire the kindness and courtesies most of my colleagues here have shown, they are nicer people, but I have a feel that you have done nothing but prolong this thing. If we take an action, positive or negative, it will bring them to us. They don't want to talk to us because they are going to do what they want anyway. I would like to act on the motion that is up for a second reading and if it fails, so be it. Once we deny, then they have to come to us to get a contract authorized. I think we have to do something.

Councilman Maher: The exact opposite happens if we go with the denial. It goes to the office of Administrative Law and it is out of our hands.

Councilman Testino: In support to get this thing to a final determination, I think this Council should set an arbitrary deadline and we either have this come to a head by the end of this working on this for three months. I would say that if we don't have an agreement by June 1st, that we go ahead and vote on the denial motion and Mr. Wolfsohn know that is a serious deadline.

Councilman Sohor: I agree with Mr. Testino. It seems that at every meeting we are asking to postpone the inevitable. Perhaps Administration can give us some sense as to where Cablevision is going. They promised that everyone who could not get or receive Channel 70 on their current TV's that they would get a free box. Could you update us on this?

Mayor Cannon: The number of complaints has gone down and there was an ad in the paper directing people to make us aware if they were having problems and to my knowledge I only received a couple of responses to that, so I would hope it means most people are getting the free box and cable. A couple of people sent bills to us and we forwarded to Wolfsohn and we expect to hear back from him as to the remedy.

Councilman Butler: I just want to remind the committee members that this is probably the last meeting you will have so please make it as productive as possible and I thank you for taking the time to do this.

Second Reading:

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.

Motion made by Councilman Greene, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: None

ABSENT: Councilwoman Marinaccio

ORDINANCE FOR FIRST READING:

Amend Sections 12-15 and 12-16, Fire Prevention

ORDINANCE NO. 23-00

AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, CHAPTER XII, FIRE PREVENTION

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 12-15 and 12-16 of the Revised General Ordinances of the Township of Old Bridge to incorporate changes endorsed by the Fire Districts of the Township of Old Bridge.

SECTION 2: AMENDMENTS TO CHAPTER 12 SECTION 15

A. Section 12-15(b) of the Revised General Ordinances of the Township of Old Bridge is deleted and amended by substitution as follows:

The local enforcing agency within the limits of Fire District No. 1 shall be the Board of Fire Commissioners of Fire District No. 2

B. Section 12-15(e) of the Revised General Ordinances of the Township of Old Bridge is deleted and amended by substitution as follows:

The local enforcing agency within the limits of Fire District No. 4 shall be the Board of Fire Commissioners of Fire District No. 2.

C. Section 12-15(o) of the Revised General Ordinances of the Township of Old Bridge is deleted and amended by substitution as follows:

o. In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and fees for those uses not defined as life hazard uses shall be required:

1. The following buildings, uses, premises contained in this section, other than those that are incidental or auxiliary to the agricultural use of farm property, are subject to registration and periodic inspection requirements as hereby established. (Where two or more of the same use or different uses exist at the same building or premises each one shall be considered as separate and distinct for the purpose of this ordinance and shall be registered pursuant thereto.)

2. Type (L) Uses:

(a) Business use as defined in the latest edition of the BOCA Basic National Building Code, 500 sq. ft. or less total gross floor area and not defined as a life hazard use.

(b) Mercantile use as defined in the latest edition of the BOCA Basic National Building Code, 500 sq. ft. or less total gross floor area and not defined as a life hazard use.

(Exception: Any type L uses with suppression/detection systems shall be classified under Type M).

3. Type (M) Uses:

(a) Business uses as defined in the latest edition of the BOCA Basic National Building Code, 501 sq. ft. or more but less than 1,500 sq. ft. total gross floor area and not defined as a life hazard use.

(b) Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, 501 sq. ft. or more but less that 1,500 sq. ft. total gross floor area and not defined as a life hazard use.

(c) Storage buildings as defined in the latest edition of the BOCA Basic National Building Code, 501 sq. ft. or more but less than 1,500 sq. ft. total gross floor area and not defined as a life hazard use.

(d) Any Type L use with suppression/detection systems.

4. Type (N) Uses:

(a) Business uses as defined in the latest edition of the BOCA Basic National Building Code, 1,501 sq. ft. or more, but less than 3,000 sq. ft. total gross floor area and not defined as a life hazard use.

Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, 1,501 sq. ft. or more, but less than 3,000 sq. ft. total gross floor area and not defined as a life hazard use.

(c) Storage buildings as defined in the latest edition of the BOCA Basic National Building Code, 1,501 sq. ft. or more, but less than 3,000 sq. ft. total gross floor area and not defined as a life hazard use.

5. Type (O) Uses:

(a) Business uses as defined in the latest edition of the BOCA Basic National Building Code, 3,001 sq. ft. or more, but less than 4,500 sq. ft. total gross floor area and not defined as a life hazard use.

(b) Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, 3,001 sq. ft. or more, but less than 4,500 sq. ft. total gross floor area and not defined as a life hazard use.

(c) Storage buildings as defined in the latest edition of the BOCA Basic National Building Code, 3,001 sq. ft. or more, but less than 4,500 sq. ft. total gross floor area and not defined as a life hazard use.

(d) Eating and drinking establishments with less than 50 occupants in which no alcoholic beverages are consumed.

6. Type (P) Uses:

(a) Business uses as defined in the latest edition of the BOCA Basic National Building Code, 4,501 sq. ft. or more, but less than 7,500 sq. ft. total gross floor area and not defined as a life hazard use.

(b) Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, 4,501 sq. ft. or more, but less than 7,500 sq. ft. total gross floor area and not defined as a life hazard use.

(c) Storage buildings as defined in the latest edition of the BOCA Basic national Building Code, 4,501 sq. ft. or more, but less than 7,500 sq. ft. total gross floor area and not defined as a life hazard use.

(d) Hotels and Motels with 100 rooms or less and not defined as life hazard uses.

(e) Buildings where less than 100 persons assemble for the purpose of amusement, entertainment, recreation centers and health spas.

7. Type (Q) Uses:

(a) Business uses as defined in the latest edition of the BOCA Basic National Building Code, 7,501 sq. ft. or more but less than 12,000 sq. ft. total gross floor area and not defined as a life hazard use.

(b) Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code, 7,501 sq. ft. or more but less than 12,000 sq. ft. total gross floor area and not defined as a life hazard use.

(c) Storage buildings as defined in the latest edition of the BOCA Basic National Building Code, 7,501 sq. ft. or more but less than 12,000 sq. ft. total gross floor area and not defined as a life hazard use.

(d) Factory and industrial uses as defined in the latest edition of the BOCA Basic National Building Code, 7,501 sq. ft. or more but less than 12,000 sq. ft. total gross floor area and not defined as a life hazard use.

8. Type (R) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 12,001 sq. ft. or more but less than 15,000 sq. ft. total gross floor area and not defined as a life hazard use.

9. Type (S) Uses:

(a) Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 15,001 sq. ft. or more but less than 20,000 sq. ft. total gross floor area and not defined as a life hazard use.

10. Type (T) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 20,001 sq. ft. or more but less than 25,000 sq. ft. total gross floor area and not defined as a life hazard use.

11. Type (U) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 25,001 sq. ft. or more but less than 30,000 sq. ft. total gross floor area and not defined as a life hazard use.

12. Type (V) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 30,001 sq. ft. or more but less than 35,000 sq. ft. total gross floor area and not defined as a life hazard use.

13. Type (W) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 35,001 sq. ft. or more but less than 40,000 sq. ft. total gross floor area and not defined as a life hazard use.

14. Type (X) Uses:

(a) Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 40,001 sq. ft. or more but less than 45,000 sq. ft. total gross floor area and not defined as a life hazard use.

15. Type (KK) Uses:

(a) Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 45,001 sq. ft. or more but less than 50,000 sq. ft. total gross floor area and not defined as a life hazard use.

16. Type (JJ) Uses:

(a) Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 50,001 sq. ft. or more but less than 55,000 sq. ft. total gross floor area and not defined as a life hazard use.

17. Type (II) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 55,001 sq. ft. or more but less than 60,000 sq. ft. total gross floor area and not defined as a life hazard use.

18. Type (HH) Uses:

(a Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 60,001 sq. ft. or more but less than 65,000 sq. ft. total gross floor area and not defined as a life hazard use.

19. Type (GG) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 65,001 sq. ft. or more but less than 70,000 sq. ft. total gross floor area and not defined as a life hazard use.

20. Type (FF) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 70,001 sq. ft. or more but less than 75,000 sq. ft. total gross floor area and not defined as a life hazard use.

21. Type (EE) Uses:

(a) Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 75,001 sq. ft. or more but less than 80,000 sq. ft. total gross floor area and not defined as a life hazard use.

22. Type (DD) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 80,001 sq. ft. or more but less than 85,000 sq. ft. total gross floor area and not defined as a life hazard use.

23. Type (CC) Uses:

Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 85,001 sq. ft. or more but less than 90,000 sq. ft. total gross floor area and not defined as a life hazard use.

24. Type (BB) Uses:

(a) Business uses as defined in the latest edition of the BOCA, Basic National Building Code, 90,001 sq. ft. or more but less than 95,000 sq. ft. total gross floor area and not defined as a life hazard use.

25. Type (AA) Uses:

(a) Business uses as defined in the latest edition of the BOCA, Basic National Building

Code, 95,001 sq. ft. or more but less than 100,00 sq. ft. total gross floor area and not defined as a life hazard use.

26. Required inspections:

(a) All additional uses as listed in the aforementioned schedule shall be inspected for compliance with the provisions of this ordinance periodically but not less than specified herein:

1. Type L uses: once every 12 months.
2. Type M uses: once every 12 months.
3. Type N uses: once every 12 months.
4. Type O uses: once every 12 months.
5. Type P uses: once every 12 months.
6. Type Q uses: once every 12 months.
7. Type R uses: once every 12 months
8. Type S uses: once every 12 months.
9. Type T uses: once every 12 months
10. Type U uses: once every 12 months.
11. Type V uses: once every 12 months.
12. Type W uses: once every 12 months.
13. Type X uses: once every 12 months.
14. Type KK uses: once every 12 months.
15. Type JJ uses: once every 12 months.
16. Type II uses: once every 12 months.
17. Type HH uses: once every 12 months.
18. Type GG uses: once every 12 months.
19. Type FF uses: once every 12 months.
20. Type EE uses: once every 12 months.
21. Type DD uses: once every 12 months.
22. Type CC uses: once every 12 months.
23. Type BB uses: once every 12 months.
24. Type AA uses: once every 12 months.

Registration fees for all additional uses shall be as follows:

Class Square Feet Fee Per Year

Type L uses: 500 $33.75
Type M uses: 501 - 1,500 $54.00
Type N uses: 1,501 - 3,000 $81.00
Type O uses: 3,001 - 4,500 $101.25
Type P uses: 4,501 - 7,500 $135.00
Type Q uses: 7,501 - 12,000 $168.75
Type R uses: 12,001 - 15,000 $209.25
Type S uses: 15,001 - 20,000 $243.00
Type T uses: 20,001 - 25,000 $303.75
Type U uses: 25,001 - 30,000 $371.25
Type V uses: 30,001 - 35,000 $472.50
Type W uses: 35,001 - 40,000 $540.00
Type X uses: 40,001 - 45,000 $675.00
Type KK uses 45,001 - 50,000 $700.00
Type JJ uses 50,001 - 55,000 $725.00
Type II uses 55,001 - 60,000 $800.00
Type HH uses 60,001 - 65,000 $875.00
Type GG uses 65,001 - 70,000 $950.00
Type FF uses 70,001 - 75,000 $1,025.00
Type EE uses 75,001 - 80,000 $1,100.00
Type DD uses 80,001 - 85,000 $1,175.00
Type CC uses 85,001 - 90,000 $1,250.00
Type BB uses 90,001 - 95,000 $1,325.00
Type AA uses 95,001 - 100,000 $1,400.00

After 100,000 square feet. add in the above category for additional square footage. Inspections not described above shall require a fee of thirty five ($35) dollars per inspection.

(c) Where more than one additional use exists under one ownership at a given location, the highest use shall be registered at full fee and subsequent use at ½ scheduled fee.

Permits

Permit fees shall be charged as indicated in the New Jersey Administrative Cod N.J.A.C. 5:70-2.9 (c) with modifications as per Township Ordinance 31:85, paragraph 16.

28. The latest adopted N.J. version of the BOCA Basis Fire Prevention Code and all amendments and Supplements thereto to the extent the provisions of same exceed the Uniform Fire Code are hereby adopted by the Township of Old Bridge for the purpose of establishing rules and regulations to improve the safety of the public by promoting the control of fire hazards; regulating the installation, use and maintenance of equipment and the use and occupancy of structures, premises and open areas; providing for the abatement of fire hazards; and establishing and implementing standards to achieve the said objectives. In the event of any conflict between the provisions of this Article and those set forth in said code the provisions hereof shall govern. The said standards, rules and regulations set forth in the said code shall be and the same are hereby incorporated in this Article by reference, three (3) copies of which have been and are now on file in the Office of the Township Clerk of the Township of Old Bridge.

29. Penalties

(a) All penalties as indicated in the New Jersey Administrative Code, Title 5,

Chapters 70 and 70-2 (Uniform Fire Code) shall be adopted for the purpose of enforcing this ordinance except those penalties imposed as hereinafter provided for violations of this ordinance not included within the Uniform Fire Code or authorized by the Uniform Fire Safety Act.

(b) Except as otherwise provided by law, any violation of the provisions of this Article, including the latest adopted N.J. version of the BOCA Basic Fire Prevention Code, and amendments and supplements thereto shall be punished by a fine of not more than One Thousand ($1,000.00) Dollars or imprisonment for ninety (90) days, or both. Each and every day that a violation of the provisions of this Article shall continue after notification thereof by the Bureau of Fire Prevention shall be deemed and considered a separate and specific violation of this Article. Such penalties as hereinabove provided shall not be exclusive and, in addition thereto, any violation may be abated by a civil action instituted in a court of competent jurisdiction.

D. The permit fees set forth in section 12-15(p) of the Revised Ordinances of Old Bridge are amended as follows:

Type Fee

Type 1 $35.00
Type 2 $70.00
Type 3 $150.00
Type 4 $200.00
Type 5 $500.00

SECTION 3: AMENDMENTS TO CHAPTER 12 SECTION 16

A. Section 12-16(f) of the Revised General Ordinances of the Township of Old Bridge is deleted and amended by substitution as follows:

f. Schedule A

ARTICLE 70

LOCAL PROVISIONS

F-7000.0 GENERAL

F-7000.1 Scope: This article shall apply to all buildings, structures or premises located within Old Bridge Township.

F-7001.0 Permits

F-7001.1 (reserved)

F-7001.2 Type 1 permits: The following permits shall be classified as Type 1 permits.

F-7001.2.1 Asphalt (tar) kettle: No person, firm or corporation shall make use or fire any asphalt (tar) kettle without first securing a permit from the Fire Official.

F-7001.2.2 (reserved)

F-7001.2.3 (reserved)

F-7001.2.4 Liquefied petroleum gas or liquefied natural gas:

A permit shall be obtained from the Fire Official for the storage or use of liquefied petroleum gas or liquefied natural gas utilizing storage containers with an aggregate water capacity exceeding 10 gallons and less than 4,000 gallons.

F-7001.2.5 Flammable or combustible liquids and hazardous materials:

A permit shall be obtained from the Fire Official to test, install, remove, repair or alter in any way, a stationary tank for the storage of flammable or combustible liquids or hazardous materials, or to modify or replace any line or dispensing device connected thereto if not required to obtain a permit for such activity under the Uniform Construction Code, N.J.A.C. 5:23.

F-7001.2.6 Flammable or combustible liquids: To store 5 or more gallons but less than 120 gallons of flammable or combustible liquids above ground.

F-7001.2.7 Hazardous materials: To store, handle or process hazardous materials or chemicals which, because of their toxicity, flammability, liability to explosion or decomposition, render firefighting abnormally dangerous or difficult. Also, to store, handle or process materials which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals or materials shall include but not be limited to such materials as flammable solids, corrosive liquids, radioactive chemicals, toxic materials, poisonous gasses, pesticides, rodenticides and fertilizers.

Exception: Materials or processes covered by a life hazard use or permit under N.J.A.C. 5:70.

F-7001.2.8 Tank abandonment: A permit shall be obtained from the Fire Official to remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid or hazardous material tank.

F-7001.2.9 Other: Permits required by the Fire Official for hazardous operations or activities other than those specifically listed.

F-7001.3 Type 2 permits: The following permits shall be classified as Type 2 permits.

F-7001.3.1 Processing Equipment: A permit shall be obtained from the Fire Official to install, modify or alter process equipment not required to have a permit under the Uniform Construction Code, N.J.A.C. 5:23.

F-7001.3.2 Flammable or combustible liquids: To store 120 or more gallons but less than 660 gallons of flammable or combustible liquids above ground, or to store any amount of flammable or combustible liquids in underground tanks, storage above ground of more than 660 gallons shall be covered by a Type 4 permits as authorized under the Uniform Fire Code, N.J.A.C. 5:70.

Exception: Fuel oil tanks for heating of one and two family dwellings up to 660 gallons in capacity.

F-7002.0 FIRE SAFETY/EMERGENCY ACTIONS PLANS

F-7002.1 General: In addition to those required under N.J.A.C. 5:70 safety evacuation and emergency action plans shall be prepared as set forth in this section where required by Section F-7002.1. - F-7002.2.1.5.

F-7002.1.1 Occupant loads of 50 or more: All buildings with an occupant load greater than 50.

F-7002.1.2 Use Group H: All use Group H Buildings.

F-7002.1.3 Use Group F: All use Group F Buildings.

F-7002.1.4 Use Group S: All use Group S Buildings.

F-7002.1.5 Use Group E: All use Group E Buildings.

F-7002.2 Approval and Distribution: The fire safety evacuation and emergency action plans shall be approved by the Fire Official and shall be distributed by the owner to all tenants and employees.

F-7002.3 Evacuation Plan: The evacuation plan shall be conspicuously posted on every floor and in each tenant space for the occupant's use.

F-7002.4 Maintenance: The fire safety evacuation and emergency action plans shall be maintained to reflect changes in the use and physical arrangement of the building.

F-7002.5 Training: If an emergency action plan assigns employees with specific responsibilities in areas such as evacuation coordination, firefighting or material leak and spill handling, the employer shall provide a minimum of annual training sessions to prepare the employee for such activities.

F-7002.6 Emergency action teams: Emergency action teams and fire-brigades assigned the responsibility of firefighting beyond the incipient stage with hand extinguishers or assigned the responsibility of containing and controlling hazardous material or flammable or combustible liquid leaks and spills shall be approved by the Fire Official.

In submitting an application for such approval, information shall be included listing the team members, their qualifications and selection criteria utilized for membership.

F-7002.6.1 Equipment and training: Members of emergency action teams and fire brigades as specified in F-7002.6 shall be equipped, trained and maintained in conformance with U.S.O.S.H.A. regulations as a minimum.

Equipment utilized shall be compatible with that of the local fire district.

F-7003.FIRE ALARMS/ REPORTING /FIRE REPORTING

F-7003.1 Fire Alarms: The Fire Official shall investigate or cause to be investigated, the activation of any fire alarm, fire detector, or fire protection system occurring within the jurisdiction to determine the cause for such activation and to determine if the device and/or equipment have been properly restored to full service.

F-7003.2 Failure to report: It shall be a violation of this code for any person or persons, having knowledge of same, to fail to report to the fire department and/or Fire Official, a fire or the activation of any fire protection system or device; or to fail to report the spill or leakage of any flammable or combustible liquid or gas or of any hazardous material immediately upon gaining such knowledge.

F-7004.0 Water Supplies

F-7004.1 General: Public and private fire hydrants, connections and appliances shall be installed and maintained in accordance with this section.

F-7004.2 Fire hydrant local standard: Section F-7004.2.1 - F-7004.2.4 shall be considered minimum standards for the installation and placement of public or private fire hydrants.

F-7004.2.1. Public hydrants: Hydrants in single family residential zones shall be spaced with a hydrant installed one every 500 feet along the roadway(s) measured along the roadway edge.

Hydrants in business, commercial and industrial zones shall be spaced with a hydrant at each intersection and/or one every 300 feet along the roadway(s) as a minimum requirement.

F-7004 2.2 Private hydrants: Hydrants installed on private property shall be located and spaced according to the occupancy and site design requirements based on firefighting needs with F-7004.2.1 utilized as a minimum requirement.

F-7004.2.3 Additional requirements: All new and existing hydrants, both public and private, shall have two 2.5 inch outlets and one 4.5 inch outlet with National Standard threads; be located within 24 inches of a curb, roadway, fire lane or parking area. All new hydrants, public or private shall be provided with an individual control valve; be supplied by a water main a minimum of 8 inches in diameter which shall be maintained up to the individual hydrant valve and in no case shall be more than 10 feet from the hydrant; and shall be installed in accordance with the standards of the American Water Works Association and NFPA 24.

F-7004.2.4 Approval: The Fire Official shall approve the placement and water supply piping of all fire hydrants prior to installation

F-7004.2.5 Fire department connections: All new and existing connections shall be located so that immediate access can be made by the fire department and be visible on a street front or in a location approved by the authority having jurisdiction. Obstructions such as fences, bushes, trees, walls or any other similar object shall not be permitted for new or existing installations. A reflective metal sign with raised letters at least one (1) inch (25mm) in height shall be mounted on the fire department connection serving sprinklers or standpipe. Such signs shall read Automatic Sprinklers and/or Standpipe.

In areas where the fire department connection is not visible or where a sign cannot be mounted to the connection, i.e., a free standing, curb side connection, a metal sign, as described above, shall be mounted on post and located within close proximity to the connection.

F-7004.2.6 Markings: All fire protection system components shall be red in color.

Control valves for fire system water supplies and risers shall be provided with a sign identifying the area it controls, i.e., riser 1, riser 2, hydrant loop, etc.

The lettering of such sign shall be of a conspicuous color and shall be at least 4 inches in height. Where control valves are located in separate rooms, the sign(s) shall be provided on the entrance door.

F-7004.2.7 Fire Flows: In determining required fire flows, the Fire Official shall utilize the NFPA Fire Protection Handbook (current edition).

F-7004.2.8 Hydrants out-of-service: Hydrants out-of-service shall be conspicuously marked.

F-7005.0 GENERAL PRECAUTIONS

F-7005.1 Equipment rooms: No storage of any kind shall be permitted within any mechanical equipment, electrical, furnace or boiler room.

F-7005.2 Barbecue Grills: Barbecue grills shall not be located or used within or upon any building, or within 10 feet laterally of any building wall or overhang.

Exception: One and two family dwellings.

F-7005.3 Interior Storage: Interior storage in use groups A, F, H, S and M shall not be located above aisleways, corridors or exits, unless upon a mezzanine constructed and approved pursuant to the Uniform Construction Code (N.J.A.C. 5:23).

F-7005.3.1 Floor plans: Operators of new and existing storage or warehouse facilities shall submit a to-scale floor plan of the storage arrangement, including aisles, corridors, exits and elevators, to the Fire Official.

Any changes in arrangement that affects egress or height of storage shall be approved by the Fire Official.

F-7005.3.2 Plans: Non-residential occupancies shall be required to provide the Fire Official with to-scale plans of the site and interior floor plans with detail as required by the Fire Official, such as: exterior drives, fire lanes, exterior fire protection equipment, doorways, corridors, aisles, use of rooms, high hazard materials, utility controls and fire protection equipment. Submittals shall include 10 feet to the inch to 40 feet to the inch scale drawings, sized to 8 1/2 inch by 11 inch sheets. Plans shall be submitted within 180 days of receiving a notice from the Fire Official and shall not be required to be sealed.