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

A Combined Meeting of the Township Council of the Township of Old Bridge was held in the Municipal Complex on July 24, 2000. The meeting was called to order 7:35 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.

Clerk, Rose-Marie Saracino announced that this meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Clerk Saracino showed the following answering present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor and President Maher. Councilwoman Marinaccio arrived at 7:45 p.m. Councilman Testino was absent.

Approval of Minutes

RESOLUTION #411

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:

June 13, 2000 - Combined
June 19, 2000 - Executive
June 26, 2000 - Regular

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

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

NAYS: None.

ABSENT: Councilman Testino.

Bill List

RESOLUTION #412

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 July 24, 2000 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of July 24, 2000 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $13,023.641.85 (General Fund)

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

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

NAYS: None.

ABSENT: Councilman Testino.

Bill List

RESOLUTION #413

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Testino.

Bill List

RESOLUTION #414 DENIED

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

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

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

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

AYES: Councilmen Butler, Cucchiara, Redmond

NAYS: Councilmen Greene, Hoff, Sohor, Councilwoman Marinaccio, President Maher.

ABSENT: Councilman Testino.

Report of the Attorney

Attorney Ruggierio: As you know I have been working on the Global case which you have approved a settlement for which I have told you that I will make a commitment to collect the money from our insurance company. Judge Wolfson is holding a massive conference with about twenty-five attorneys to try to move this to a conclusion. I will have more to report in writing, shortly.

Councilman Hoff: There seems to be movement toward a County run water and sewage control and I wonder if our options are any greater now? Have there been any new developments on this?

Attorney Ruggierio: No there is nothing new, I think that the report that I gave to you some time ago still stands. I believe that some of the options that you spoke about before may bear fruit. I neglected to inform you that this week I am meeting with the Perth Amboy attorneys to talk about an acquisition of a minor piece of property along route 516. I am going to meet with them to decide what we should pay for the property. I know that in their minds they want to get some compensation from us from the use of the little league fields. I think that there was some discussions about that many years ago. However, I don't have on the radar screen any strategy to try to contend with the issues that you have expressed concern about.

Councilman Hoff: Have we ever found the original deed transfer?

Attorney Ruggierio: I don't know who you dealt with in terms of that question, it must have been the Assessor's office. Certainly if there is an issue about getting a deed I would commission a title report, I am not aware that there was anything missing. Our Assessor's office has a lot of documentation, however, not complete.

Councilman Hoff: I just don't want this to die, if there is a chance that we can revive it.

MOTION

To accept the report of the Attorney by Councilman Redmond, seconded by Councilman Butler and so accepted on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Testino.

Subsequent to the vote the following comments were made.

Councilman Redmond: Bill, please explain to me what happens with the overtime when we vote it down?

Attorney Ruggierio: The law requires that the Township Council approve or disapprove all claims. In the past we have had a number of times where the overtime has been disapproved by the council. Technically by paying this overtime (which has already been paid because the payroll comes to you after the pay period) we are violating the law, on the other hand by not paying it we subject ourselves to liability; including attorneys fees before the wage and hour division. I think that it is a Hobson's choice of sorts. Our administrators have suggested the lesser of two evils and pay the overtime.

GUEST

Open Space Committee - Mike Caffrey

Mike Caffrey: Good Evening, I am Mike Caffrey, chairperson of the Old Bridge Open Space Committee. The Open Space Committee is an advisory committee to the Township Council and Mayor on Open Space Issues. I am here tonight to provide the Open Space Committee's recommendation on an Open Space Referendum. We all enjoy and appreciate the farms, fields and orchards that are part of our township. Open space here in Old Bridge contributes greatly to the quality of our lives and the character of our town. Unfortunately, many of these treasured open spaces are owned by developers for future development, or under tremendous pressure to be sold to developers. The time is now to preserve our open space in Old Bridge before its too late. Preservation of Open Space, however, requires planning, hard work, and, of course, money. The planning board is working to develop a master plan that includes an open space master plan. The Open Space Committee works hard to identify open spaces and maintains a prioritized list of open space parcels in dire need of preservation. Sources of funds for Open Space preservation include federal, state, county and local tax dollars. In the past we have received funds from many of these sources. However, many other sources of Federal, State and County dollars, which are our tax dollars, are unavailable to Old Bridge because Old Bridge does not have a stable funding source for Open Space. A stable funding source would be paid by the Old Bridge taxpayer. It would allow us to leverage our municipal tax dollars for additional federal, state, and county funds for the acquisition of open space here in Old Bridge. Open Space preservation can also be good for the bottom line. Costs of suburban sprawl can outpace tax revenues.

A pair of 1998 studies by the Trust for Public Land indicated that communities who preserved a significant amount of open space can have on average lower property taxes. Perhaps because they had less development which requires less road, schools, sewer and water infrastructure and other municipal services. For example, in Loudon County, Virginia, costs to service a new 1,000 unit development exceeded their tax contribution by as much as 2.3 million dollars. Prior to providing specifics on the Old Bridge Open Space committee's referendum recommendation, I first wanted to share with the council the results of a recent survey taken in Old Bridge on Open Space Issues. In May of this year, a survey was mailed to 16,222 families in Old Bridge and we received 1,709 responses. That is a return rate of 10.5 percent. 94 percent of the respondents agreed or strongly agreed that Old Bridge should make every effort to preserve open space before it is all lost to development. 84 percent agreed or strongly agreed that Old Bridge should have a stable source of funding for the acquisition of open space. We asked how much people would be willing to pay to preserve open space. 57 percent of the respondents believed that at least 2 cents should be added to the tax rate for open space acquisition. 77 percent believed at least 1 cent. We also asked about how to spend open space funds. Strongly favored were preservation of farm land followed by acquisition of property. Based in part on the results of the survey, we recommend that the township council place a referendum on the ballot this fall to provide a stable funding source for Open Space Preservation here in Old Bridge. That 2 cents be added to the municipal tax rate. That the funds only be used for open space acquisition, which includes the acquisition of title or a conservation easement to the property, and that the term of the tax be for a period of 10 years. The Old Bridge Open Space Committee strongly supports this recommendation. We promise to work hard to inform the Old Bridge voter about the importance of preserving open space in Old Bridge and in voting yes for this referendum.

I want to thank Mayor Cannon for coordinating the survey, Colleen in planning for preparing the survey and Diane Amabile of Mayor Cannon's office for tabulating the survey results and preparing the color coded survey report.

Councilman Redmond: How much would the 2 cents raise?

Mayor Cannon: About $600,000.00 a year.

Councilman Redmond: For ten years, that's 6 million dollars.

Councilman Butler: What is the next step?

Mr. Caffrey: I think that you need to pass an ordinance.

President Maher: I had the clerk poll the municipalities that have a referendum, we should have copies in our packet. I also asked her to research any deadlines.

Clerk Saracino: August 25 for a non-binding referendum. The attorney would have to research and give you a report on a binding one.

President Maher: Is it a resolution or ordinance?

Attorney Ruggierio: We have prepared an ordinance at the Mayor and Mr. Caffrey's suggestion, that could be introduced tonight.

Clerk Saracino: We have also put a question on the ballot by resolution.

President Maher: What are the ones from Carteret and Sayreville?

Clerk Saracino: One is an ordinance and one a resolution.

President Maher: We have a draft ordinance that we can take a look at. We will put it on for next week. Mike, you said 10% of residents responded is that good.

Mr. Caffrey: My understanding is that 10% is excellent.

Guest - Phil Tanala - Cheesequake Village Dam

Mr. Tanala: I would like to thank all the officials who have come to our assistance to try and get this problem resolved. Tom Hayden of the Star Ledger wrote an article on the dam. I would like you to hear from Assemblyman Samuel Thompson who has good and bad news.

Assemblyman Samuel Thompson: I have been working with Phil since October when this first came up. We got $150,000.00 into the budget to resolve this mess and it got line-item vetoed. Since then I have been in continuing discussions with the Administration trying to find solutions. The bad news that I got has to do with Councilman Hoff's proposal about donating the land to the DEP, I was advised that the Parks and Forestry division is not interested in it because of several problems; one is a physical barrier between the property and the park, the second is the matter of it backing up onto the backyards of the residents. I will say that I don't believe that the door absolutely closed. The good news that I have is a relief as far as pressure goes. The DEP will be sending out a letter this week advising that Cheesequake Village will be given an additional year to come up with a solution. During this year I will continue to do my best to bring aid from Trenton.

President Maher: The residents of Cheesequake have to come up with a solution or can the State?

Assemblyman Thompson: The State is not at the moment taking the responsibility of coming up with a solution.

President Maher: In terms of the letters that we have written, we have told the DEP to go away and leave the residents of Cheesequake Village alone since it hasn't been a top priority.

Assemblyman Thompson: They are not going to go away and forget about it. There is a dam that has to be repaired. We have a year now to try and get help from Trenton.

Councilman Redmond: When the Governor line-item vetoed the $150,000.00 for the dam I believe that she said that there was perhaps some relief available through the Bureau of Dams.

Assemblyman Thompson: She line-item vetoed all special items relating to dams throughout the State, with the response that the budget contained $10,000,000.00 for dam repair. We have explored that avenue and the reaction that we have gotten so far is that this dam does not have adequate priority or that it is not sufficiently hazardous.

Councilwoman Marinaccio: Can you look at trying to get the State to lighten up as far as the requirements? Phil says that just the study alone is costing $50 - 60,000.00. If they are saying that this dam is not hazardous enough maybe they can lift some of the requirements.

Assemblyman Thompson: They are going strictly by the letter of the regulations at the present time. One of the reasons I understand that it is so costly is because there has to be a release system built in. I assure you that I will explore every possibility to eliminate or reduce the impact on Cheesequake Village.

President Maher: Thank you Assemblyman Thompson for all your time that you have put into this. This whole thing has been a charade from the DEP, the way they came down on the residents. This dam looks like a bunch of eleven year old's built it, there was no requirements when it was built. To me it is Government bureaucracy at its worst, they have nothing better to do. I have written them and told them to go away and leave the residents alone, if this wasn't a top priority; that the Governor line item vetoed it, come back to us when you have the $150,000.00. I want to thank you Sam for opening doors for us.

Assemblyman Thompson: I would say that this is not a charade on their part, they do have regulations that they have to comply with. The whole thing came to light because ( I am told) that residents on the other side of the lake complained and that is what brought them out. Otherwise Cheesequake Village would have repaired it for $28,000.00.

President Maher: The only people that are making money are lawyers and engineers and that is a shame. We have debated these four or five times, this is not important, I am glad to see that this moving forward in a common sense way.

Mr. Tanala: There are four groups of dams and we are in group four; the lowest classification. We have been told by the DEP that our chances of getting a grant are nil. I have a petition signed by the residents of Cheesequake Village requesting financial and physical help from the township.

Councilman Hoff: The only way that we can win this thing is for it to be taken over by the State. The Parks department said no. I've got to believe that the property should belong to the park. Please push them hard to take this over.

Michael Fadun, Attorney for Cheesequake Village: I know that a year will go quickly and I think that we need to have all our ducks in a row by that time. Although it is on private property it has become in effect a regional storm water management by virtue of its history. We have hired an engineer to establish that fact. He will argue that some of the approvals for developments and drainage into this facility may have contributed to the degradation of this dam.

Mr. William Fitzgerald, Engineer: In April the question was asked as to what really contributes to that lake. I left with the charge to find out what was going on. With the cooperation of the engineers department I was able to prepare this exhibit. The blue area is the lake and on the left side is the dam. The heavy line defines the land area that contributes surface water to that lake, it is approximately 54 ½ acres. 17 acres of that belong to Cheesequake Village (I have colored them green). The other 37 ½ acres don't belong to Cheesequake Village. Outside of Cheesequake Village there are 42 tax lots plus a couple of right-of-ways that contribute run off to that lake.

President Maher: Would that be Barclay Square?

Mr. Fitzgerald: Barclay Square is a portion of it, on the south side of the lake. There is a cul-de-sac called Oxford Court, there are properties on the east and north which contribute all or in part to that lake, some contribute from the front property line all the way back; those would be on the north side. On the east side it is from their backyards. Very little of the roadway drains into the lake. The logistical problem of this lake staying in the shape that it in was alluded to by Assemblyman Thompson. The lake is all on private property, probably 8 or 9 properties about 60% of the water surface is on Cheesequake Village property. The south side is on 10 properties. If someone who lives on Oxford court lets their child go out in a canoe; after 50 feet they are trespassing because the deeds go right out to the lake. The logistics of this functional as anything other than a regional open space area are kind of difficult. It seems judging by the sizes of some of the other lots in Barclay Square; the lake could be cut off from some of those properties and not affect their land area; relative to the bulk requirements to the development regulations; if that was something the township wanted to pursue. The biggest problem is that the lake is on private property and the dam is on three lots, the DEP has sent letters to those three property owners saying that it is their financial obligation, but the dam serves at least 43 properties. I've been in contact with the DEP and they wanted it done right away. I have also been trying to locate some old records. Most of the developments out there have been developed after the lake was built as a farm pond. It meets no current standards. The down face of this dam is about 20 or 30 feet tall. I did notice that apparently this failure may have taken place several years ago. The height of the dam is approximately elevation 84 and the water surface elevation; as of 1991 (when the township aerial was taken) is about 80, so there is a four foot differential. When Barclay Square was surveyed in 1986 the water showed at or very near the top. Another point is that only about 1/3 of Cheesequake Village contributes run off to this dam, the rest of the Village drains north and westward.

Councilman Greene: This was an excellent presentation that really pinpoints what the argument is. Everyone is pointing a finger at Cheesequake Village and that is not right.

Mr. Tanala: As you can see the seniors are concerned. They cannot lay out that kind of money, we are very happy that you have responded to us.

President Maher: We are going to track this for a monthly basis.

Mr. Tanala: I will make sure that all correspondence that we get are forwarded to the Clerk.

Mayor Cannon: I would like to thank Assemblyman Thompson, I think that he has done an excellent job. I think that Councilwoman Marinaccio hit the nail on the head when she suggested having the DEP take a more realistic look at this project. We have written to the state's Department of Forestry and I am disappointed that they are (at least initially) not interested in the property. We certainly will have the engineering department review your presentation and we will continue to keep on top of this. I commend the residents of the Village for their commitment to this project and if this was able to be done the way it was initially proposed it would have been done and over with. Unfortunately, the higher you go, the more regulations you encounter.

RECESS @ 8:25 p.m.
RECONVENED 8:35 p.m.

Preliminary Public Comments

Mr. Joseph Lyons: I am from the People Poets of Old Bridge. I am here to ask the township to consider the position of Poet Laureate. They should be a legal resident of Old Bridge, recommended by a 6 member panel of judges, would serve for three years and not be paid.

President Maher: We have a copy of your letter and someone will get back to you.

Councilman Redmond: How many members are there?

Mr. Lyons: 15-20 steady participants.

Michael Kaufman: I am a ward five resident. I would like to ask this council to have a stop sign put up on the exit ramp of Route 9 and Throckmorton Lane. There is a yield sign there now and for five years I have been asking for a stop sign. There have been nine accidents there. I am fearful that we are going to have to wait for a fatality before there is a stop sign put there. Could our legal department put some pressure on the DOT? I would also ask that you reconfigure the budget and not raise the taxes. You could try reassessing the rest of the town.

Anita Clavering: Tomorrow marks the one year anniversary of the snow removal bill. Many businesses in town do not know of this bill that requires them to remove ice and snow from the handicapped spaces. Is there something that Old Bridge could do to make sure that this important law is abided by?

George Koehler: I would like to let the resident know that there is a meeting of the Planning Board on July 31 where there will be discussion on the Old Bridge Township Master Plan.

Michael Dwyer: I am here to discuss the 10 cent increase in taxes that I have read about in the newspaper. My suggestion and I have made it before is to sell the land we own in ward six

back to the County for the purchase price of $1,300,000.00. That would add a significant amount of money for the council to use to keep the tax rate low this year. This would also reduce the township's debt service by $10,000.00 a month. We also own the property of Ferry Road, that has an estimated value of $800,000.00. If we could move on these items on an expedited fashion and realize the income I believe that would plug most of the 10 cent shortfall. I made this suggestion last year and the then Council President said that we shouldn't act precipitously, there is a difference from not acting precipitously and not acting at all. I realize that they would be one shot revenues but it would help for this year and maybe after that we will have some rateables in town. It is unfortunate that this issue has become politicized.

Councilman Redmond: Have we ever heard from the Board of Education on that piece of property that we have?

Mayor Cannon: No, Alayne has spoken to Dr. Quirk and has told them that we need an answer by the end of September.

Grace Lacavera: I have signed over my insurance to the State and was assured that I would be afforded a home care provider for 4 hours a day 7 days a week. After all the paper work was final I was cut down to 2 hours a day, 5 days a week. I would like to know what can be done about this.

President Maher: I have been in touch with Representative Pallone's office and he is aware of your situation and I have been assured that it will be looked into.

Consent Agenda

C-1 Bingo/Raffle

No discussion.

C-2 Block Party - Erica Court - August 26, 2000 4:00 P.M. to 10:00 P.M.

(Rain date 8/27/00)

No discussion.

C-3 Memorialize Telephone Vote - Block Party Pensacola Street - Saturday, July 22, 2000 Rain date of July 23, 2000

No discussion.

DISCUSSION RESOLUTION

DR-1 Flea Market - Community Covenant Church - Laurence Parkway, Laurence Harbor Saturday Sept. 9th from 7:00A.M. - 3:00 P.M. (Actual event is from 8:00 A.M. - 2:00 P.M.) Rain date - Saturday Sept. 23^rd.

No discussion.

DR-2 Resolution extending contract of John Ezyske, CPA for final accountant's bill ($2,750.00) Re: Township of Old Bridge v. Napoliello (Raceway Park Tax Litigation) (CERT. #910) (AFFIRM. ACT.)

RESOLUTION #414A TABLED

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

WHEREAS, a contract for accounting services was previously entered into with John Ezyske, CPA, for accounting services in the matter of Old Bridge vs. Napoliello (Raceway Park); and

WHEREAS, the accounting services that are required exceeded the maximum amount of the contract authorized; and

WHEREAS, the Township Council wishes to authorize an additional $2,750.00 to be expended under the contract with John Ezyske, CPA for the period covering the current budget year.

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 the accounting services with John Ezyske, CPA is hereby extended by $2,750.00

2. The award of the contact is contingent upon the issuance of a Certification of Availability of Funds No. 910 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.

Moved to TABLE by Councilman Redmond, seconded by President Maher and so TABLED on the following roll call vote:

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

NAYS: Councilman Sohor.

ABSENT: Councilman Testino.

Prior to the vote the following comments were made

President Maher: Can we ever recover this money?

Attorney Ruggierio: No. This is part of the cost to prosecute the appeal.

Councilman Redmond: What is the total of this contract?

Attorney Ruggierio: It was a lot of money and I did challenge a few of the bills and they were reduced. Himanshu may have recollection of what the total amount is.

Mr. Shah: It may be listed on the cert.

Clerk Saracino: We don't have a cert yet.

Councilman Redmond: The original contract had a cap on it. What was the cap?

Attorney Ruggierio: I know that it was extended at least two times, but I do not know the total amount.

Councilman Redmond: Is this $2,700.00 spent sitting in a courtroom waiting to testify or is he actually doing research?

Mr. Shah: I can't answer that.

Attorney Ruggierio: Mr. Enright would know. My guess is that a large part of it is attendance at the trial that was ultimately settled.

President Maher: Do you want to table this until we get an answer?

Councilman Redmond: Yes.

DR-3 Resolution authorizing cancellation of Property Tax Lien Block 26005, Lot 20.11 - Certificate #90103A

No discussion.

DR-4 Award of Contract #00-17 Residential Sidewalk Replacement Program to Pioneer General Contracting Company, Inc. in the amount of $87,128.10 (CERT. #911) (AFFIRM. ACT.)

No discussion.

DR-5 Resolution authorizing agreement with GPU and Bell Atlantic and the Cultural Arts Committee to hang banners advertising the summer concert series (July 10 - August 25)

No discussion.

DR-6 Resolution to Reject all bids for Bid #00-29 Window Rehabilitation-Cheesequake Village (All necessary documentation was not supplied.)

Councilman Redmond: I would like some information on this program.

Ms. Shepler: This is a continuing program that has been going on for a number of years. Every year we do about 50 homes. Cheesequake Village does qualify as a CDBG recipient.

DR-7 Contract #99-10 Throckmorton Lane Improvements - Change Order #2 (Final) to adjust the final contract amount to $171,842.60 from previously approved amount of $172,000.00 (C.O. #1) (Reduction of $157.40)

No discussion.

DR-8 Renew Public Health Services Contract - (For the period of July 1, 2000 through June 30, 2001 in the amount of $139,174.00 and the period of July 1, 2001 through June 30, 2002, in which the cost shall be adjusted to equal the actual increase or decrease in the cost to the County to provide the services. (AS)

President Maher: Why are renewing this for one year but possible moving it to a two year agreement?

Ms. Shepler: It is a two year agreement. The way the contract has read since you first initiated this with the county about 9 years ago. The second year is the actual cost that it costs the county. If their cost increases, our cost would increase as well.

President Maher: Do we still have a full time person working here?

Ms. Shepler: $38,000.00 is for the Sanitary Inspector; he is paid for by the County.

President Maher: Last year we still had a township employee.

Ms. Shepler: She has retired.

DR-9 Feasibility Study/Preliminary Concept Plans - Professional Services Contract to T&M Associates for Ticetown Soccer Complex Parking Lot Addition in the sum of $3,540.00 (CERT. #912) (AFFIRM. ACT.) (TB)

Councilman Redmond: What are we doing here?

Mayor Cannon: We have been asked for some time now for them to expand their parking area. We do own the land adjacent to the field. At one time some people were starting to clear the land and we indicated that it really needed to be done with an engineer. We committed to them that we would allocate money to have plans drawn up.

Councilman Redmond: Do we require a wetlands delineation on this property?

Mayor Cannon: We may, I think that is one of the things that they are going to check out.

President Maher: There were two bids that came in, one was $3,500.00 and the other was almost $35,000.00. Why is that so off?

Ms. Shepler: That is the fourth time that particular firm has bid in excess of 200%.

DR-10 Award Bid #00-25 to Laerdal Medical Corporation in the Amount of $35,197.05 for Automated External Defibrillators (CERT. #913) (AFFIRM. ACT.)

Councilman Cucchiara: Is this lower than the state bid?

Ms. Shepler: No this was done through public bidding.

Councilman Cucchiara: Did you look at the state bid for this?

Ms. Shepler: There was nothing open under the State contract, that was checked.

Councilman Cucchiara: Is this is for the Police Department?

Ms. Shepler: Yes.

Councilman Cucchiara: Is everybody going to be trained on these or just the individuals in the patrol division?

Ms. Shepler: I was told that everyone was going to be trained on them because they were going to be placed in the Sergeant's vehicles and because they rotate the vehicles the Defibrillators will be rotated.

Mr. Shah: I believe that I remember Captain Cerra saying that all the sergeants will be trained and that they will train the other. They are not training every police officers.

Consent Agenda

C-2 Block Party - Erica Court - August 26, 2000 4:00 P.M. to 10:00 P.M. (Rain date 8/27/00)

RESOLUTION #415

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

WHEREAS, the residents of have requested permission to close Erica Court at the intersection of Oak Street for the purpose of a block party to be held on August 26, 2000. (Rain date August 27, 2000)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Erica Court be completely closed to vehicular traffic from the intersection of Oak Street. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-3 Memorialize Telephone Vote - Block Party Pensacola Street - Saturday, July 22, 2000 Rain date of July 23, 2000

RESOLUTION #416

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

WHEREAS, the following request was granted by telephone vote July 20, 2000

WHEREAS, the residents of have requested permission to close Pensacola Street at the intersection of Shawnee Lane and Seneca Street for the purpose of a block party to be held on July 22, 2000 (rain date July 23)

It is a requirement of this approval that Pensacola Street be completely closed to vehicular traffic from the intersection of Shawnee Lane and Seneca Street. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-4 Flea Market - Community Covenant Church - Laurence Parkway, Laurence Harbor Saturday Sept. 9th from 7:00 A.M. - 3:00 P.M. (Actual event is from 8:00 A.M. - 2:00 P.M.) Rain date - Saturday Sept. 23rd.

RESOLUTION #417

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

WHEREAS, a request has been made by Community Covenant Church to hold a Flea Market on Saturday September 9, 2000 with a rain date of Saturday September 23;

WHEREAS, the Covenant Church will hold its Flea Market from 7:00 a.m. - 3:00 p.m. located on the grass median on Laurence Parkway in the Township of Old Bridge; and

WHEREAS, all necessary permits must be obtained through the offices of Code Enforcement, Health Department, Fire Officials and Police Department at least 48 hours in advance of said event; and

WHEREAS, said event shall be held in conformance with the Township's rules and regulations.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that permission is hereby granted to the Community Covenant Church to hold its Flea Market on Saturday September 9, 2000.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-5 Resolution authorizing cancellation of Property Tax Lien Block 26005 Lot 20.11 - Certificate #90103A

RESOLUTION #418

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

WHEREAS, the Tax Collector assigned Tax Sale Certificate #90103A to First Fidelity Bank, N.A., Custodian, for a delinquent property tax balance on Block 26005, Lot 20.11; and

WHEREAS, it has been found that subsequent for said lien have previously been paid directly to the Township of Old Bridge, Division of Tax Collection in past years.

WHEREAS, it has been found that said lien has been previously redeemed through First Fidelity Bank, N.A., Custodian by way of a payment plan.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Tax Collector be hereby authorized to cancel Tax Sale Certificate # 90103A, all subsequently accruing taxes, and any related interest or penalties from record.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-6 Award of Contract 00-17 Residential Sidewalk Replacement Program to Pioneer General Contracting Company, Inc. in the amount of $87,128.10 (CERT. #911) (AFFIRM. ACT.)

RESOLUTION #419

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 advertised and received bids for Contract 00-17 Residential Sidewalk Replacement Program; and

WHEREAS, bids were received and opened on June 14, 2000; and

WHEREAS, the Township Council wished to award the contract to Pioneer General Contracting Company, 127 William Street, South River, New Jersey 08882 as they submitted the lowest responsible bid.

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

1. Pioneer General Contracting Company is hereby awarded a contract in the amount of $87,128.10 for the Residential Sidewalk Replacement Program with the specifications advertised therefor.

2. The award of the contact is contingent upon the issuance of a Certification of Availability of Funds No. 911 certifying the existence of a sufficient appropriation to fund the said contract.

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.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-7 Resolution authorizing agreement with GPU and Bell Atlantic and the Cultural Arts Committee to hang banners advertising the summer concert series (July 10 - August 25)

RESOLUTION #420

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

WHEREAS, the Township Council of the Township of Old Bridge wishes to enter into an agreement for the Township of Old Bridge to temporarily attach certain banners to utility poles which are owned and occupied by GPU Energy and Bell Atlantic (NJ Bell) from July 10, 2000 to August 25, 2000 for the Cultural Arts Commission Summer Concert Series; and

WHEREAS, the aforementioned organization has made an application to GPU Energy and Bell Atlantic (NJ Bell) to temporarily attach certain banners to utility poles for the period of July 10, 2000 to August 25, 2000.

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

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.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-8 Resolution to Reject all bids for Bid #00-29 Window Rehabilitation-Cheesequake Village (All necessary documentation was not supplied.)

RESOLUTION #421

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 solicited bids in connection with Contract No. 00-29 for Cheesequake Village Window Rehabilitation; and

WHEREAS, the bid proposals were received on July 6, 2000; and

WHEREAS, the Director of the Community Development Block Grant Program has recommended that all bids be rejected as all necessary documentation was not supplied; and

WHEREAS, the Township Clerk may return all bid bonds.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that bids received with respect to the proposed contract for the Cheesequake Village Window Rehabilitation are hereby rejected and the project shall be rebid.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices; Department of Community Development Block Grant.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-9 Contract #99-10 Throckmorton Lane Improvements - Change Order #2 (Final) to adjust the final contract amount to $171,842.60 from previously approved amount of $172,000.00 (C.O.#1) (Reduction of $157.40)

RESOLUTION #422

WHEREAS, the Township Council of the Township of Old Bridge previously authorized a contract with the firm of Pioneer General Contracting Company for Throckmorton Lane improvements; and

WHEREAS, Pioneer General Contracting Company has requested a final adjustment to bid quantities, amending Change Order #1 for quantities, the limit of work not extended, and extra and supplementary work; and

WHEREAS, there is a reduction of the contract amount of $172,000.00 previously revised by Change Order No. 1 in the amount of $157.40.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the revised Contract #99-10 is hereby reduced in the amount of $157.40

BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:

ORIGINAL CONTRACT $143,768.30

CHANGE ORDER #1 $27,231.70

REVISED CONTRACT AMOUNT

(CHANGE ORDER #1) $172,000.00

TOTAL AUTHORIZED REDUCTION -157.40

(CHANGE ORDER #2) - FINAL

REVISED FINAL CONTRACT AMOUNT $171,842.60

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township Offices: Department of Engineering.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-10 Renew Public Health Services Contract - (For the period of July 1, 2000 through June 30, 2001 in the amount of $139,174.00 and the period of July 1, 2001 through June 30, 2002, in which the cost shall be adjusted to equal the actual increase or decrease in the cost to the County to provide the services. (AS)

RESOLUTION #423

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

WHEREAS, the Mayor and the Township Council of the Township of Old Bridge wish to renew the terms of its public health contract with Middlesex County for employees of a technical and professional nature; and

WHEREAS, the terms of this contract shall be for a period from July 1, 2000 through June 30, 2002; and

WHEREAS, the base cost for the provision of the health services shall be as follows:

July 1, 2000 through June 30, 2002 - $139,174.00

WHEREAS, the above base cost shall be adjusted for 2001 by an amount equal to the actual increase or decrease in the cost to the County to provide the aforesaid services.

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. This contract is renewed in accordance with the rate schedule as specified in the Contract attached to this Resolution.

2. A Certification of Funds will be made by the Chief Financial Officer on vouchers issued on a month to month basis pending availability of funds in Group Insurance Account F30-250.

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.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-11 Feasibility Study/Preliminary Concept Plans - Professional Services Contract to T&M Associates for Ticetown Soccer Complex Parking Lot Addition in the sum of $3,540.00 (CERT. #912) (AFFIRM. ACT.) (TB)

RESOLUTION #424

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

WHEREAS, the Township of Old Bridge requires the services of an engineering firm for purposes of a feasibility study/preliminary concept plan for the parking lot addition at the Ticetown Road Soccer Complex; and

WHEREAS, T&M Associates is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with T&M Associates for purposes of providing the aforesaid feasibility study/preliminary concept plan for the Ticetown Road Soccer Complex; and

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 T&M Associates in an amount not to exceed $3,540.00

2. The award of the contact is contingent upon the issuance of a Certification of Availability of Funds No. 912 certifying the existence of a sufficient appropriation to fund the said contract.

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.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-12 Award Bid #00-25 to Laerdal Medical Corporation in the Amount of $35,197.05 for Automated External Defibrillators (CERT. #913) (AFFIRM. ACT.)

RESOLUTION #425

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 advertised and received bids for Contract 00-25 for automatic external Defibrillators to be used by the Township Police Department; and

WHEREAS, bids were received and opened on June 26, 2000; and

WHEREAS, the Township Council wished to award the contract for automatic external Defibrillators to the lowest responsible bidder; and

WHEREAS, Sgt David Lynch has recommended that a contract be awarded to Laerdal Heartstart, located at 167 Myers Court Road, Wappingers Falls, New York, 10290.

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. Laerdal Heartstart is hereby awarded a contract in the amount of $35,197.05

2. The award of the contact is contingent upon the issuance of a Certification of Availability of Funds No. 913 certifying the existence of a sufficient appropriation to fund the said contract.

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.

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

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

NAYS: None.

ABSENT: Councilman Testino.

C-13 Bingo/Raffle

RESOLUTION #426

WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Clerk is hereby authorized and directed to issue the applicants, the following licenses:

BA 59-00 Temple Ohav Shalom
RA 60-00 Old Bridge Soccer League
RA 61-00 Old Bridge Elks

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

AYES: Councilman Butler, Cucchiara, Hoff, Redmond, Sohor, Councilwoman Marinaccio, President Maher.

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT: Councilman Testino.

President Maher opened the public portion for the Consent Agenda. Seeing no hands President Maher closed the public portion

Ordinance for Second Reading

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 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 Councilwoman Marinaccio and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Testino.

President Maher opened the public portion

George Koehler: I am chairman of the Planning Board and the purpose of this ordinance is to try and reduce the burden on the Zoning Board.

Seeing no hands President Maher closed the public portion

Councilman Hoff: Has this ordinance been sent to the Planning Board?

President Maher: Yes.

Councilman Redmond: I was the Vice-Chair of the Zoning Board and they should probably call this the "Highpointe Ordinance" If you live there, you cannot build a deck without a variance. I support this ordinance 100%.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 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 11-9B4 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 Section 11-9B4.

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 underdevelopment 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.