OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

A Regular meeting of the Township Council of the Township of Old Bridge was held on June 26, 2000 in the Municipal Complex. The meeting was called to order by Vice-President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next open public meeting of the council will be held on Monday July 10 at 7:30 p.m.

Roll call by, Clerk Stella Ward, showed the following members present: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio and Vice-President Butler. Councilmen Cucchiara, Greene and President Maher were absent.

Bill List

RESOLUTION #366

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 June 26, 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 June 26, 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 $6,874,869.96 (Current Fund).

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Bill List

RESOLUTION #367

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 June 26, 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 June 26, 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 $597,801.19 (Payroll).

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Bill List

RESOLUTION #368

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 June 26, 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 June 26, 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 $31,531.40 (Overtime).

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

AYES: Councilmen Redmond, Testino, Councilwoman Marinaccio, Vice President Butler.

NAYS: Councilmen Hoff, Sohor.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Prior to the vote the following comments were made.

Councilman Testino: I am voting no after July 1 until we adopt a budget and then I will vote yes again. That is going to be my plan of attack to get you to focus on overtime.

Mayor Cannon: We are focused on that.

Bill List

RESOLUTION #369

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 June 26, 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 June 26, 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 $80.54 (Petty Cash/Administration).

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Prior to the vote the following comments were made.

Councilman Hoff: What is this for?

Ms. Shepler: This is the petty cash from Administration.

Report of the Clerk

Councilman Testino: I would like to know what our summer schedule is.

Deputy Clerk Ward: There are combined meetings on July 10, 24 and August 14 and 28. The meetings begin at 7:30 p.m.

Report of the Attorney

Attorney Ruggierio: On the Sommers Brothers case Judge Wolfson will be dealing with all the insurance coverage issues, before he deals with the liability on the case. ( I will give you a written memo on this because it is complicated.) This means that I will be more prominent in the case then our assigned lawyers; Kenney and Kearney, since I am handling the coverage aspect of the case. On the renewal of the Birch Hill liquor license; I know that the Clerk distributed the State charges that were brought with respect to that license, I have been contacted by the Attorney General's office to co-ordinate with those charges.

MOTION

to accept the report of the Attorney by Councilman Testino, seconded by Councilman Sohor and so accepted on the following roll call vote:

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Preliminary Public Portion

Anita Clavering: Good evening, Mayor Cannon, members of the Township Council and all citizens in attendance tonight as well as watching on OBTV Channel 70. My name is Anita Clavering, and I live in Nieuw Amsterdam Village. I usually come to the Council meetings and speak and propose any action that supports citizens with disabilities in Old Bridge Township. However, tonight I would like to speak on a different issue concerning all citizens of Old Bridge, especially our youth and our township where we live.

Last Thursday I saw a very disturbing report on WCBS Channel 2 in New York that showed lewd videotapes of teenagers dancing in the Birch Hill Night Club on Route 9 South. The videotape showed young teenage women who were dancing either half naked in bikinis and underwear or wearing entirely nothing at all while young teenaged men were ogling them. All were under-aged and was shown on the video consuming high quantities of alcoholic beverages in a vicious ritual that is called "raving".

Not surprisingly, this " raving" coverage was televised on the same broadcast network that carries programs as "Survivor" and the upcoming "Big Brother", in which video cameras invade homes and tape the most private of moments as having sex or even going to the bathroom. Unfortunately this voyeuristic form of coverage can unfairly stigmatize decent citizens and put them in situations that can negatively hurt and destroy their potential for living full and respectable lives.

Captain Jeffrey Robbins of the Old Bridge Police Department was interviewed by Channel 2 News in response to the videotape and raving coverage, which I strongly feel is another example of how the major media outlets as television stations and newspapers either portray Old Bridge negatively as a wild "party town" with incidents involving alcoholism and sexual incidents among teenagers the scene of a party that occurred a few Labor Days ago that was more tragic than any grade Z movie, a vicious murder, or the constant bickering between public officials.

Yet when positive events in Old Bridge occur as the annual Township Fair in October, though remotely transmitted through WMGQ-FM and covered by OBTV-70, or the proposals for construction of a youth center that can control vandalism and give our youngsters a place to go to so they will be discouraged from committing crimes and participating in other acts of lewdness, or graduations and other ceremonies honoring youngsters who work hard and study to their fullest potential and become voting, contributing citizens are established, or our wonderful programs at the Old Bridge Public Library as the "People Poets", "Savvy Seniors", and book discussion groups to name a few, there is very little to no publicity at all.

Though Old Bridge Channel 70 does a wonderful job of bringing the finest public access cable programming under the wonderful direction of Gene McLaughlin and fine volunteers as Sharon over there, and Jim Galante, unfortunately coverage of our township council meetings and other fine programs as "Lets Talk About", in which I had the wonderful opportunity of being interviewed by Mr. McLaughlin earlier this year, does not transmit beyond our township boundaries to other towns.

More than a few years ago unfortunately Cablevision, when it was still TKR, stopped televising local news and other coverage of events held in Middlesex County to Old Bridge on Channel 6 at the time. I even had an opportunity to voice my complaint to Robin Kampf before TKR stopped its local programming in Old Bridge. Sadly Mr. McLaughlin told me that there was no way that the local programming from Cablevision as News Central 6 and Congressman Frank Pallone's Report and other needed public affairs and community programs that kept citizens fully informed on what issues are going on in Middlesex County and likewise coverage in Old Bridge Township that can be fully transmitted will ever return.

It is a sad shame and unfortunate reality that our town has to be subject to this negative and unfair media coverage not only by the major broadcast networks, but by our major local newspapers as The Star Ledger and Home News-Tribune. Of all the newspapers covering Old Bridge, only the weekly Suburban gives decent and unbiased coverage. But unfortunately not everyone in Old Bridge receives the Suburban and its coverage does not reach beyond its boundaries to other towns in Middlesex County alone, much less all of New Jersey.

We read mostly negative stories that are either relegated to the very back pages or are not printed at all, which is really a sad and unfortunate shame because there are fine, decent citizens who live in and contribute to the community and the betterment of our township and wonderful events as the Old Bridge Township Fair, our youth and ROBIN programs in the recreation building and our schools and Geick Park, and occasional ceremonies held right here at our council meetings to honor our young championship teams in basketball, football, softball, and other sports as well as our recent youth government days in which high school students sat in the mayor's and council's seats for about ten minutes to discuss the various important departments in our township that help to make it a more vital and decent place for our citizens to live and work.

Old Bridge Township may not be Mayberry and our Township Council meetings may not compete with nor beat "Everybody Loves Raymond", "Ally McBeal" or " Monday Night Football" in the Nielsen ratings, and I am not trying to put a sugar coating because it does have its problems as every other town in America. However, its problems should not be exploited to a point that both our private and public matters be subject to unfair stigmas and stereotypes and crude jokes.

Living and happily working as a citizen with a disability, I know how stigmas unfortunately and unfairly eclipse one's potential for success and respect. Both emotionally and financially, I have struggled very hard growing up in Old Bridge, which remains my hometown, with the behaviors and frustrations of my disabilities and stigmas, but I manage to take the time to correct what I can do and effectively both by myself and the help and support of my aunt and my friends to control my anger and work constructively and productively to my fullest potential.

I am asking both Mayor Cannon and the Township Council if an effort can be created through major media outlets as broadcast/cable networks and newspapers as well as the internet to show our township as a positive and productive community in which we are not afraid to show and tell about our pride in where we live and erase its stigmas and negative stereotypes. We as public officials, community leaders, and regular citizens have a responsibility to work together and tell about our pride as citizens of Old Bridge that is a township with decent, law-abiding citizens that live and work and pay taxes and contribute to the community as well as a town that does not exploit our youth and encourages them to work to their fullest potential so they will become productive citizens.

If any of you have any questions and/or suggestions in which Old Bridge can be publicized positively, please feel free to ask me when I step off the mike. I thank all of you so very much.

Monte Seewald: My wife and I voted in the Primary and it was very frustrating that our vote on the Presidential level had no meaning. What I would like to ask this council is to move our Primary up to before New Hampshire. I am aware that this is a legislative function but you have the power to put a non-binding resolution on this so that the people will know that their votes count. I would also like to ask this council to invite the major presidential candidates to Old Bridge so that the residents can see where they stand on the issues.

Councilman Testino: I would like to put both of those suggestions on the next agenda.

Art Stock: I am the owner of Birch Hill Entertainment Complex, my daughter; who is here on my left; Tara Stock is the owner of Birch Hill Inc. liquor license. The last two weeks have been very tough for me, I have spent them doing damage control. We have had one tragedy and that was the drowning, after twenty years being there, it still shouldn't of happened but it happened, we think that we did everything that we could but fate had it. They've said that there were two tragedies. I just wanted you to be able to ask me any questions. I participated with law enforcement on that, that was something that was out of my control. The promoter had put down $40,000.00. I was asked to call it off, we were under contract, we knew who was there, the State authorities and the County and the locals. We made most the arrests ourselves and turned them over to the police. The newspaper reporting this; and the lady that was here before was right the media does really mess these things up. That is all I have been doing these last two weeks between the Ledger and Home News trying to explain to them what fines were. I have a thing here and I still don't know and last week we find out that you are not renewing my liquor license, or my daughter's liquor license because of fines. These fines and there is a packet here a mile long where federal court orders mandates what the fines should be. I thought I acted... If I thought that I could even give the $15,000.00 and all this trouble would go away that would be an easy way out but when there is a federal judge telling you to do something I just can't over step what that federal judge said. Obviously, home rule, I guess you do have that power to over rule him. I am here to answer questions, that fine was put in originally because Old Bridge couldn't provide me with water. I spent $150,000.00; I have a packet here that where I had to go before Marlboro Utilities to buy water, run my own 8 inch main to my building, if water had been at service for me in Old Bridge I could of had that up and there wouldn't be a fine. We were denied a license because of that, I don't know why we were denied, why we were singled out. Now I understand that you are not hearing us. There are State charges, every application that I have ever filed in this township, Art Stock has been the property owner, yes he has a financial interest, he collects rent. Where the State in coming from, I don't know, neither does my team of lawyers, when I say team, that is what they do ABC work. I don't want to make this lengthy, my daughter is here, she is upset about this, she wanted to speak and I just don't want her to speak at this point because I am very thoroughly adverse at this whole thing. I have been with this place for twenty-five years, I know some of you have been around for a long time. I have been here for twenty-five years and there are things that came up that I remember, that I can enlighten you to. You have been very good to me over the years and I don't want it to get out of hand, Anything that this Township has ever told me to do, I have tried to comply. I thank you for listening. Is there any questions that you may have of me?

Vice-President Butler: This is not the format for questions.

Mr. Stock: Thank you.

PROCLAMATIONS

Snapple Bowl VII - (Middlesex County High School All-Star Football Team)

Cheerleader: Christine Horsely

Players: Sean Burnett; Brian Gonnello & Ross Wiedman

Vice-President Butler: These proclamations were mailed out and I understand that this group raised $20,000.00 that they are allocated to Cerebral Palsy and Children's Specialized Hospital.

HEARINGS

Release/Reduction of Performance Guarantee - Park's Edge

Mr. Iglesias: This is a request for reduction, this is a nine lot subdivision, it is on-going, they haven't sold any house yet. At this time there is no punch list. We are recommending a 42% reduction both in the performance bond and cash.

Councilman Hoff: Isn't this rather different in the fact that not one house has been sold. Are you saying that the roads are okay?

Mr. Jonathan Heilbrunn: There are houses under construction.

Councilman Hoff: Have we taken into consideration that destruction of the roads from the construction vehicles?

Mr. Iglesias: Absolutely. We will still have 58% left in cash and the bond, if anything is wrong.

Councilman Hoff: It just seems odd to me with the new road there.

Mr. Iglesias: The hard surface is there on the roads.

Vice-President Butler: The Clerk informs me that we need affidavits of publication and notices of service before we do this.

Mr. Heilbrunn: I have a copy of the letter of transmittal to the Clerk Office with the affidavit of publication and the certified mailings. I also have the green cards.

Vice-President Butler opened the Public Portion.

Mr. Reid: I thought that if you were going for a reduction in a bond that anyone within a certain distance should be notified by certified mail, I wasn't notified that it was taking place.

Attorney Ruggierio: I think that you are confusing this with the notification that is required by a planning or zoning application. The notification has to do with residents of the development and the homeowners association.

Mr. Reid: Thank you for clearing that up for me. There is one house out of nine that is completed, there is one under construction in the back and there is some question as to whether they have deviated from the plans. I heard that some of the homeowners are asking the township to stop construction on this house because of the way the garage is faced. There were also a lot of trucks going in and out of Gordon Road and is really tearing up the road. We want to make sure that there is enough money left in the bond to cover repairs to the road.

Mr. Bastedo: 258 Gordon Road, I live directly next to this project and I was informed that the grading on this property is going away from my property. As you know water is not a friend of Gordon Road. There is currently a pile of dirt twenty feet high and twice as round, right along side of my fence, it has been there for two months and every time it rains the back of fence which is about 40 feet gets covered with dirt and that section of my yard is a swamp for three days. The rest of the property is higher than mine it is not graded.

Phyllis Gomulko: 259 Gordon Road; I have a rural mailbox that has gingerbread molding, one of the workers went by and knocked the whole cement right out of the ground, he never came to my door, he just got out of the truck and stood it up and took off. We contacted the man who was driving the truck and he refused to pay any money. We contacted the builder and have heard nothing, it is not like anyone cares. The street that comes out of there and meets Gordon Road is not pitched properly, my property floods every time is rains.

Councilman Testino: Is that a County road?

Mr. Iglesias: No, it is Township.

Councilman Testino: Can we have someone go out and look at that?

Mr. Heilbrunn: On behalf of the applicant, because of the issues that have been raised by the public; despite Mr. Iglesias's report of June 21, 2000. I request that the Council not act on this tonight and reschedule it for the next meeting, without further notice and publication, so that Mr. Iglesias can view it once again. The statute says that if your Engineer recommends that reduction you are legally bound by that. However, I would suggest that you carry this until that meeting.

Mr. Iglesias Once the Planning Board approves a plan, my job is to make sure that it is followed through. It is also true that during construction there are cases where the lot just doesn't lend itself to whatever was proposed to the Planning Board, sometimes there are slight changes. That doesn't mean that things have been going wild out there, every change is approved by me.

MOTION

to carry the hearing on the reduction until July 10, 2000 (without further notice or publication) so the Engineer can go back out to the site for an inspection by Councilman Hoff, seconded by Councilman Redmond and so carried on the following roll call vote:

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

H-2 Release/Reduction of Performance Guarantee - Woodhaven Village, Inc. (Adjournment Requested by Attorney)

Vice-President Butler: Do we the new date?

Deputy Clerk Ward: At this time they have not requested one.

ORDINANCE FOR SECOND READING

ORD. #24-00 Cablevision - Granting Municipal Consent for the operation of a Cable Television System with the Township of Old Bridge - (Carried to date certain)

Councilman Testino: When will hear back from the Office of Cable television?

Attorney Ruggierio: I expect to hear by this week or the early next week.

ORD. #25-00 Bond Ordinance for Sidewalk, Curb & Apron Improvements - $100,000.00

ORDINANCE 25-00

BOND ORDINANCE PROVIDING FOR SIDEWALK, CURB AND APRON IMPROVEMENTS IN AND BY THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $100,000 THEREFOR; AUTHORIZING THE ISSUANCE OF BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $95,000 FOR FINANCING A PART OF THE COST THEREOF; DIRECTING A SPECIAL ASSESSMENT THEREFOR; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as local improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $100,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $95,000;

(c) a down payment in the amount of $5,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

(d) the Township will not contribute to the payment of any part of the cost of the local improvements described in Section 7 hereof.

Section 3. The sum of $95,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $5,000, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $95,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $95,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $25,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Section 8. The improvements described in Section 7 of this Bond Ordinance shall be undertaken as a local improvement and the cost thereof shall be assessed in the following manner. An accurate account of the cost of construction of the sidewalks shall be kept by or on behalf of the Chief Financial Officer of the Township who is designated as the officer in charge thereof pursuant to N.J.S.A. 40:65-8, and such cost shall be assessed upon the several properties fronting on the improvement in proportion to their respective frontage thereon pursuant to and in accordance with N.J.S.A. 40:65-1, et. seq.

Section 9. Unless notice of the pendency of this Bond Ordinance is given in accordance with N.J.S.A. 40:65-6, the Township Clerk shall cause Notice of the proposed Sidewalk Improvement to be given to the owner or owners of real estate, subsequently identified by the Chief Financial Officer which are affected thereby prior to the making of the Sidewalk Improvement described in Section 7 hereof or the awarding of any contract for such Sidewalk Improvement. The Notice shall contain a description of the property affected sufficient to identify it, a description of the improvement and a statement that unless the owner or owners complete the improvement within thirty (30) days after service thereof, the Township will make the improvement at the expense of the owner or owners. Such Notice shall be served in accordance with the provisions of N.J.S.A. 40:65-2 to N.J.S.A. 40:65-5, and the proof of service shall be filed with the officer of the Township in charge of the records of tax liens of the Township within ten (10) days after service thereof.

Section 10. The owner of any land upon which any assessment for the local improvement shall have been made may pay such assessment in the number of equal yearly installments herein determined, with legal interest on the unpaid balance of the assessment. The first of the installments shall be due and payable two months after the confirmation of the assessment, and each subsequent annual installment and interest shall be payable in each successive year thereafter at such time as the governing body shall by resolution determine, provided that any owner of land so assessed shall have the privilege of paying the whole of any assessment or of any balance of installments with accrued interest thereon at any time. Whenever any such installment shall remain unpaid for thirty (30) days from and after the time it shall become due and payable, the whole assessment or balance thereof shall become and be immediately due and payable and shall draw interest at the rate imposed upon the arrearage of taxes in the Township and shall be collected in the same manner as provided by law for other past-due assessments. Such assessment shall remain a lien upon the land described herein until the assessment with all installments and accrued interest thereon shall be paid and satisfied. The number of annual installments within which the special assessments are to be levied on the lots and parcels of real estate affected by the improvements is 10. Notwithstanding anything herein to the contrary, the Township shall have the right to waive default as may be permitted by law.

Section 11. Any grant moneys received for the purpose described in Section 7 hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this Bond Ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.

Section 12. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $95,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 13. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 14. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 15. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 16. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 17. The improvement or purpose described in Section 7 of this Bond Ordinance is not a current expense. Such improvement or purpose undertaken is a purpose that the Township may lawfully undertake as a local improvement, the cost of which shall be specially assessed in the manner provided herein.

Section 18. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 19. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Greene, Cucchiara, President Maher.

Vice-President Butler opened the public portion

Monte Seewald: I would like to know the policy of the curbs that are being done, some are being done and some aren't. Why did some people have sidewalks done for free and others paid out of their pocket?

Mayor Cannon: We were awarded a grant to redo Throckmorton Lane, there was money left over; about 15 fifteen or sixteen thousand; which wasn't enough to do another section of roadway and instead of sending it back to the state, we decided to do some sidewalks. This was part of a grant that we applied for before this sidewalk program was put into place.

Mr. Seewald: My perception is that there is unevenness in this program. I don't understand the policy.

Mayor Cannon: I can tell you that when we apply for the grants we won't do any sidewalks. A lot of the grants that we get for roadway don't even have sidewalks and we don't install new sidewalks. We tried to best utilize the money from the grant.

Mr. Seewald: It just is not fair that citizen "A" is getting a sidewalk for free and citizen "B" has to pay for it out of his own pocket. I understand what you are saying about grants, but it is not fair. My perception is different then your explanation. I am asking that you not pass this ordinance until you get a better explanation.

Mayor Cannon: This ordinance doesn't have anything to do with that. This program was started through the auspices of former Councilman Mannino, the whole idea of this ordinance is to enable residents to repair sidewalks since the township does not do sidewalk replacement. Programs like this exist in South River, Highland Park, East Brunswick.

Mr. Seewald: The people on Throckmorton did not pay for their sidewalks.

Mayor Cannon: If you are saying...

Mr. Seewald: I am saying that you have to have a uniform policy.

Councilman Testino: If we get a grant and we have money and we can do things, we are going to spend all that money in any way that we can. The administration did just that. Throckmorton Lane get more use and those sidewalks get more use than other roads in the town.

Mr. Seewald: I would just like to see the policy administered more fairly.

Councilman Testino: We have been allocating money for curbs around this town as fairly as possible. As far as sidewalks the only time we ever get to them is on major thoroughfares and around schools, that may seem unfair but that is the State's policy of how to get grants.

Mr. Seewald: It leaves a bad taste when people drive down Throckmorton and see that these people are getting these sidewalks for free.

Councilman Testino: My home is on a side street and my office is on a major road and I can tell the difference of the impact on the two roads from the amount of usage The State allocates money for the more frequently used roads in town, not for side streets. I think that we are being fair about it.

Mr. Seewald: Then I must have misheard the conversation last week about people getting free sidewalks on Throckmorton.

Mayor Cannon: Mr. Testino is trying to explain what the criteria of the State grants is, there are only certain projects that you can use the money on.

Mr. Joe Pagnotta: Most of the people were told that they have to pay for the sidewalk, I wish that you would explain from the beginning why people get them done for free.

Councilman Testino: Joe, it just like Englishtown Road, we got the sidewalks done there because the County came in and did it.

Mr. Pagnotta: You just have to explain it better.

Seeing no hands Vice-President Butler closed the public portion

ORD. #26-00 Bond Ordinance for Acquisition of Real Property - $350,000.00

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 26-00

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $350,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $350,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $350,000; and

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $350,000.

Section 3. The sum of $350,000, to be raised by the issuance of bonds or bond anticipation notes is hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $350,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $350,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $50,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Section 8. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $350,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 9. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance and, to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 10. The Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 11. The Township hereby declares its intent to reimburse itself from the proceed of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 12. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 13. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 14. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 15. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Greene, Cucchiara, President Maher.

Vice-President Butler opened the public portion

Mr. Richard Zipp: I am the Vice-Chairman of the Transportation Committee and we would like to support the purchase of the Inverness lot. We have 880 spaces in Old Bridge of which 400 are permanent all the rest are leased. The cost of this purchase can be recouped by minimal fees for parking and the fees that the Clerk has already suggested. This can be a win/win situation. We support this 100%.

Seeing no hands Vice President Butler closed the public portion. Prior to the vote the following comments were made.

Councilman Testino: I also support and I think that the administration did a job in finding the funds in the parking and transportation accounts. I think that this a valuable piece in our inventory. I am going to be supporting this.

Mayor Cannon: I also am supporting this, I know that this is something that we really needed to happen.

Vice-President Butler: I think was a very good thing done by the administration.

ORDINANCE FOR FIRST READING

FR-1 Ordinance Amending - Deck Variance Requests

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 28-00

ORDINANCE AMENDING SECTION 7-3E OF THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE
REGARDING DEVELOPMENT REQUIREMENTS AND RESTRICTIONS FOR WOOD DECKS

WHEREAS, in its yearly report, the Township Zoning Board of Adjustment recommended an amendment to Section 7-3E of the Land Development Ordinance of the Township of Old Bridge in an effort to reduce the number of bulk variance requests for decks submitted to the Zone Board of Adjustment; and

WHEREAS, a zoning amendment recommendation was prepared by the Township Planner and was reviewed by the Planning Board and found to be acceptable for reducing the number of variance requests for decks while protecting impacted property owners by the adjustment of bulk standards; and

WHEREAS, the Planning Board of the Township of Old Bridge has recommended that the amendment recommended by the Township Planner to Section 7-3E of the Land Development Ordinance be adopted by the Township of Old Bridge; now therefore

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to amend Section 7-3E of the Land Development Ordinance in an effort to reduce the number of bulk variance requests for decks submitted to the Zoning Board of Adjustment.

SECTION 2: AMENDMENTS

A. Section 7-3E of the Land Development Ordinance is amended by the addition of a new subparagraph 5 which shall read as follows:

Wood decks shall be deemed to be an accessory structure in conjunction with a residential unit whether attached or detached from the house itself. The minimum side and rear yard setback for a wooden deck in the R5, R6, R7 and R9 zones shall be seven (7) feet providing the height of the deck does not exceed two (2) feet. For wood decks higher than two (2) feet, the side and rear yards shall be increased two (2) feet for each additional vertical foot or fractional part of a vertical foot above the initial two (2) foot provisional height. For the purpose of this section, the height of the deck shall be deemed to be the vertical distance measured from the average elevation of the proposed finished grade along the perimeter of the deck to the elevation of the floor of the deck. Wood decks in the R12, R15, R20, R30, R40, R80 and R120 zones shall conform to the side and rear year requirements set forth for accessory buildings. For the purpose of this section, wood platforms which are less than or equal to one (1) foot in height shall be considered to be raised patios rather than decks, and shall not be subject to all necessary building permits, but not to the accessory yard requirements of wood decks.

B. Section 7-3E, subparagraph 2, of the Land Development Ordinance is amended by substitution to read as follows:

No accessory building or structure in conjunction with a residential dwelling shall exceed six hundred (600) square feet in gross floor area.

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 does: (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 NJSA40A: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 NJSA40:69A-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 Sohor and so ordered on the following roll call vote:

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Ordinance Amending - Tree Removal Protection

TOWNSHIP OF OLD BRIDGE
ORDINANCE #29-00

ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE TO PROVIDE FOR TREE REMOVAL PROTECTION

WHEREAS, the Planning Board of the Township of Old Bridge has recommended that certain amendments to the Land Development Ordinance be adopted by the Township of Old Bridge in an effort to preserve existing trees of significant size from destruction in the Township of Old Bridge.

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 various sections of the Land Development Ordinance regarding the removal of trees in an effort to preserve existing trees of significant size from destruction in the Township of Old Bridge.

SECTION 2: Amendments

A. Section 10-4B, subparagraph 1 of the Land Development Ordinance is amended by substitution to read as follows:

A maximum effort shall be made to save specimens of plantings which are unique due to their relative size or rarity. Trees with a diameter of 14 inches or greater measured at a height of three feet from the ground level shall be inventoried and marked and described on the building plan. The following species of trees shall be identified and marked on the building plan if they exceed three inches or greater in diameter measured three feet from ground level; all specimen trees listed in the Manual of Woody Landscape Plants, Michael A. Dirr, Stipes Publishing Company, Current Edition. Applicant shall identify a "tree protection area" in the building plan which shall include all areas on the lot except the proposed building footprint, and ten (10) feet extending in all directions from the proposed building footprint, and the driveway pus three feet from the edge of the driveway. All specified tree and shrubs meeting the above criteria within the tree protection area shall not be removed unless specifically approved by the approving board or as otherwise provided herein.

An Applicant for subdivision approval shall identify a tentative building footprint for each lot, and if the building footprint is moved by more than ten (10) feet within the building envelope after final approval is granted, an amended tree protection area for the lot shall be reviewed and approved by the Director of the Department of Community Development or his designee.

B. Section 11-9D of the Land Development Ordinance is amended as follows:

1. Subparagraph 4 is amended by substitution to read as follows An applicant shall file a building plan which identifies a tree protection area prepared according to the standards of Section 10-4B4(1) which has been approved by the Director of the Department of Community Development or his designee before a land disturbance permit shall be issued.

2. Subparagraph 5 is amended by substitution as follows: If an applicant discloses that trees are to be removed or destroyed on the premises in a tree protection area, the Director of Community Development or his designee may inspect the trees in the tree protection area, the drainage and other physical conditions and/or consult with the Environmental Commission, Township Engineer and Township Planner regarding such application.

3. Subparagraph 6 is amended as follows:

After review of an application, an application shall be granted or denied. If not, final action is taken with respect to the application within thirty (30) days after the receipt of an application containing all of the information required hereunder, the application shall be deemed to have been approved.

C. Section 12-1I of the Land Development Ordinance is amended by substitution to read as follows:

Land Disturbance Permit $500.00 for the first ten (10) acres and $1,000.00 for each additional 50 acres.

D. Section 11-9 of the Land Development Ordinance is amended by adding new Subsection F, entitled "Penalty", which shall read as follows:

A penalty not to exceed $1,000.00 shall be levied for violations of Section 11-9. Within thirty (30) days after a violation of this section occurs which results in the unauthorized removal of trees and shrubs, a compensatory tree replacement plan with specific planting schedules shall be submitted for approval to the Director of the Department of Community Development. A performance guarantee shall be posted to insure the implementation of the plan with in two (2) years.

Failure to submit a timely compensatory tree replacement plan is a violation of this section. Each day such plan is not submitted after the expiration of the thirty (30) days permitted under this section shall constitute an additional separate and distinct offense.

E. Section 1-9B4 of the Land Development Ordinance is amended as follows:

1. The sentence "A land disturbance permit is required for clearing in all non- residential zones without exception" shall be inserted at the beginning of Section11-9B4.

2. Subparagraph (a) is deleted.

3. Subparagraph (b) shall be renumbered as subparagraph (a).

4. Subparagraph (c) is renumbered as subparagraph (b) and amended by substitution to read as follows:

Lots of one acre or less upon which a residence is already situated and not located within a major subdivision or a planned development currently under development currently under development or the construction of no more than one single family dwelling unit which is not constructed as a part of a larger development, except where the proposed disturbance is within 100 feet of a stream or drainage channel. Clearing of not more than one-half acre on lots greater than one acre upon which a residence is already situated or the construction of not more than one single family dwelling unit which is not constructed as part of a larger development, except where the proposed disturbance is with 100 feet of a stream or drainage channel.

5. Subparagraphs (d) though (I) shall be renumbered as subparagraphs (c) through (h).

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 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 that twenty (2) 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 Sohor and so ordered on the following roll call vote:

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Consent Agenda

Chapter 159 in the amount of $9,609.95 in connection with the Drunk Driving Enforcement Grant

RESOLUTION #371

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

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local

Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

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

NOW, THEREFORE, BE IT RESOLVES that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2000 in the sum of $9,609.95 which is now available as a revenue from:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED that a like sum of $9,609.95 be and the same is hereby appropriated under the caption of:

Drunk Driving Enforcement Grant

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

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Approval of Leave of Absence - Roseann LaManna

RESOLUTION #372

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Roseann LaManna, Township employee, has formally requested leave of absence without pay resulting from a personal illness.

BE IT FURTHER RESOLVED, that the leave of absence will become effective as of July 1, 2000 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Roseann LaManna.

BE IT FURTHER RESOLVED, that the leave of absence of Roseann LaManna is formally recognized, having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Approval of Leave of Absence - Maureen Donor

RESOLUTION #373

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Maureen Donor, Township employee, has formally requested leave of absence without pay resulting from personal illness.

BE IT FURTHER RESOLVED, that the leave of absence will become effective as of June 28, 2000 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a coy of this resolution shall also be provided to Maureen Donor.

BE IT FURTHER RESOLVED, that the leave of absence of Maureen Donor is formally recognized, having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Subordination of CDBG Mortgage - Donna Rodgers/Elizabeth Szabados

RESOLUTION #374

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 received a mortgage on a certain property in connection with its Community Development Block Grant program; and

WHEREAS, the owners of the said property wish to refinance the property; and

WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.

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

1. The mortgage in favor of the Township of Old Bridge is in the amount of $13,425.50. The Township Council agrees to subordinate $10,000.00 of the existing CDBG grant. The balance of $3,425.50 needs to be paid. The CDBG mortgage may be subordinated by an additional $64,800.00 (new mortgage) on property located 263 Garfield Avenue, Old Bridge, New Jersey, Block 263.11, Lot 55, assessed to Donna Lynn Rogers and Elizabeth Ann Szabados.

2. The Mayor and Township Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.

3. Any documents required to effectuate the terms of this authorization shall be approved by the Township Attorney.

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Award of Contract to Sheehan Consulting Group in the amount of $36,000.00 for Land Development Ordinance (CERT. #908) (AFFIRM. ACT.)

RESOLUTION #375

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

WHEREAS, Sheehan Consulting Group, P.A. is a licensed New Jersey firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Sheehan Consulting Group, P.A. located at 415 Main Street, South Amboy, NJ.

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 Sheehan Consulting Group, P.A. in an amount not to exceed $36,000.00

2. The award of the contact is contingent upon the issuance of a Certification of Availability of Funds No. 908 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall 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 the 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.

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

BE IT FURTHER RESOLVED that a true copy of this Resolution be deposited with the following Township offices: Department of Administration and Division of Planning.

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

AYES: Councilmen Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, Vice-President Butler.

NAYS: None.

ABSENT: Councilmen Cucchiara, Greene, President Maher.

Memorialize Release of Performance Guarantee - Sears/National Tire & Battery

RESOLUTION #376

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