Old Bridge Township, New Jersey - September 5, 2000 Minutes

Old Bridge Township Council

Regular Meeting

September 5, 2000
A regular meeting of the Township Council of the Township of Old Bridge was held on September 11, 2000 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.

Deputy Clerk Stella Ward announced that the meeting was being held in conformance with the Open Public Meetings Act and that the next open public meeting would be held on September 18, 2000 at 8:00 p.m. Roll call by Deputy Clerk Ward showed the following council members answering present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Councilwoman Marinaccio, President Maher. Councilman Testino arrived at 8:05 p.m.

No. 479 Bill List.

RESOLUTION

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of September 11, 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 September 11, 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 $13,045,971.24 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Testino.

No. 480 Bill List.

RESOLUTION

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

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

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

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

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

NAYS: None.

No. 481 Bill List. Denied

RESOLUTION

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

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

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

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

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

NAYS: Councilmen Greene, Hoff, Sohor, Testino, President Maher.

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

Councilman Greene: There is another item under "accounts payable" for a capital payment of $60,000. Perhaps we should approve that.

Councilman Redmond: Why was this not on my bill list?

Ms. Shepler: It was added to the bill list.

No. 482 Bill List.

RESOLUTION

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

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

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

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

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

NAYS: None.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

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

DOGS:
3028-3102 $564.00
3055, 3068, 3102 replacements $1.50

CATS:
415-442 $196.00

LICENSE:

HOT DOG
#219 Delaney's Dogs $50.00
#220 Kalwatt $50.00

VENDING:

Snack - $5.00 each
| #94 Creative Cuts $5.00
#95, 96 Parkwood Vending $10.00

Soda -$10.00
#75, 76 Parkwood Vending $20.00

Amusement - $25.00
#148 Country Thyme Restaurant $25.00

Food - $10.00
#25 Parkwood Vending $25.00

KENNEL
Jardo Kennel $25.00
Canary Bird Farm $10.00

LIMOUSINE
DVG Limo $35.00
Bucetta $35.00
Hussain $35.00
Nasir $35.00
Browntown Bus $35.00

$395.00

BINGO/RAFFLE
RA - 63-00 Old Bridge Ital/Amer Club $20.00
BA - 64-00 St Thomas Home School $10.00
RA - 65-00 St Thomas Home School $10.00
RA - 66-00 Loyal Order of the Moose $500.00
RA - 09-00 St Lawrence Church (add'l) $10.00

$550.00

LIQUOR LICENSE
Pers/Pers Transfer (Madison Inn) 1209-33-019-003 $131.38
Pers/Pers Transfer (TGI Friday's) 1209-33-032-003 $131.38
Pers/Pers Transfer (J&I Spirits) 1209-33-010-003 $131.38

$394.14

MAPS
2 Street Maps $10.00

SEARCH
22-204-00 $1,830.00

MISCELLANEOUS:
Late Fees $78.00
Photocopies $21.75

Total: $4,040.39

Motion

to accept the Report of the Clerk moved by Councilman Testino, seconded by Councilman Sohor and so ordered on the following roll call vote:

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

NAYS: None.

Report of the Attorney.

Attorney Ruggierio: On for the next agenda is the Rondinelli agreement re: Bridgepointe. This has been a long standing negotiation, and I am presenting to the council an agreement which has been signed by Mr. Rondinelli and a number of his corporate entities. I sent a copy to the homeowners association. There may be some "tweaking" between now and the next regular meeting. I hope to be in a position to approve our side of this at that time. This case looks settled.

You may have seen correspondence about Tempo Systems, our time keeping system, that sued us. We were successful with having that case settled with no expenditure of money by the township. We convinced Tempo Systems that it was not worth their time to litigate with us since I suspect they were paying their lawyers hourly rates to do that.

Next week we expect to receive the brief in the North County case which was the case involving the $2 million in tax money that we were successful in securing for the township. The League of Municipalities has obtained permission from the court to enter the case as an "amicus" (friend of the court). I am meeting with the lawyer who represents the League within the next week to talk about coordinating our strategies.

The Oakwood case has been assigned to Judge McCormack, and I expect that we will be meeting within the next twenty days to talk to the judge about the status of that matter. I know that the Oakwood approval is before the planning board, and there is a great concern on the part of the residents about the clean up of the temporary items which we have already achieved, but a permanent resolution of the punch list item. The position of my adversary in this case is that all these things should be delayed pending the potential for Hovnanian to clean this up. I know that it is the position of the council and certainly the position of the Mayor that we should be aggressive in trying to convince the judge to move this to the next stage notwithstanding that there may be pending approvals before the planning board.

I am working on the Global and the Sommers insurance case which involves incredible amounts of organization and work associated with it.

Motion

to accept the Report of the Attorney made by Councilman Hoff, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: None.

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

Councilman Cucchiara: We had a petition several months ago from the residents of Soden Lane to turn the road over to the township.

Attorney Ruggierio: I received something from Mr. Lauer in the engineering department two weeks ago which I perceive to be the engineering associated with what would be required to take over the road, i.e., rights of way, etc. I have Jim Condon working with the engineering department and will be prepared to give you a report at the next meeting.

Proclamation - Cheesequake Baseball Championship Team.

Mayor Cannon:

Certificate of Excellence to fourteen year old All Star Team, Babe Ruth New Jersey State Champions. Congratulations to the back to back state champions 1999-2000 Third Place Mid-Atlantic, First Place Sayreville Tournament and Third Place Division of the United States Amateur Baseball League.

The certificates were presented to:

Byron Ball, Chris Carreri, Gerard Haran, Marvin Hyer, Steve Johnson, George Koutas, Charles Druer, Steve Mantani, Jay McDermott, Justin Obnisiak, John Pancetti, Dan Zeffiro, Gerard Haran, Manager; Bill Mantani, Coach; George Koutas, Coach; Jim McDermott, Coach

Mr. Haran: It has been a privilege to coach and to be associated with this group of young men. Championships are difficult to come by and this group has done this three times. Cheesequake Baseball Association is truly representative of the entire township which draws children from the entire township. We can compete with any team in the nation. I thank Mr. Badcock's staff in securing fields for our tournaments. I thank our president, Bill Baker. I thank Councilman Sohor for taking our cause to the council.

Recess 8:23 p.m.
Combined Meeting Reconvenes 8:25 p.m.

Roll call by Deputy Clerk Stella Ward showed the following answering present:

Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher. Councilman Hoff was absent from the podium.

Preliminary Public Comment. Seeing no hands President Maher closed the public portion.

Public comment limited to items on the consent agenda.

Mrs. York: With respect to the resolution supporting the rail station in Old Bridge, the transportation committee always wanted a rail line or a shuttle service to Matawan. It behooves you to look closer to this. Our roads are at a saturation point.

Rt. 516/Rt. 18 improvements are coming before you. All residents on Marlboro, Ferris, Shady Oak, Marsad, and Sadowski are to be notified of the proposed plan because their quality of life will be greatly impacted.

Mr. Koehler: Matawan surveyed the users of the rail line and found that there is a large number of residents of Old Bridge who use that station every day. The construction of a rail station in our township would be greatly beneficial.

Seeing no further hands President Maher closed the public portion.

Hearing.

1. Birch Hill Liquor License - Adjournment requested by Attorney Ballarotto

Attorney Ruggierio: I suggested to the council that this matter be postponed for ninety days for other reasons relating to my conversations with the ABC. In addition to that, since the meeting we have received a request from the attorney for the license holder that he is requesting an adjournment because he has not received a discovery. I spoke to this attorney who reiterated that he expected the state to turn over the discovery shortly. I know that the council is concerned about the township-based issues and about the state charges that have been filed. Since we have had a specific request from the ABC, I ask the council to honor that request.

Councilman Hoff: I was opposed to the renewal of this license. Did Mr. Ballarotto request a specific time extension?

Attorney Ruggierio: He wanted the matter postponed, but I thought the ninety day postponement was prudent based on my discussions with the enforcement personnel at the ABC. I told you in executive session that there does appear to be the inclination on the part of the ABC to take aggressive action with respect to these charges. I think it would be inappropriate to move forward because of their request to postpone. I know that Mr. Hoff has expressed feelings about this matter which are well founded; however, I think it is appropriate for us to cooperate with the ABC.

Councilman Hoff: We have arbitrarily set ninety days as the time of postponement.

Attorney Ruggierio: I selected ninety days because I believe this to be consistent with the information I received from the ABC about when these matters might be resolved at the state level.

Motion

to postpone the Birch Hill Liquor License hearing for ninety days made by Councilman Testino, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: Councilmen Hoff, Testino.

Ordinance for Second Reading.

1. Ordinance No. 38-00 - Regulating the storage of water collecting receptacles to prevent mosquito colony formation.

President Maher: There is a letter which we just received from the director of the Middlesex County Health Department which suggests changes. I want to postpone the second reading and approve these changes for first reading with second and final reading at the next agenda meeting.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 40-00

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE
REGULATING THE STORAGE OF MOTOR VEHICLE TIRES TO PREVENT MOSQUITO COLONY FORMATION

WHEREAS, the West Nile Virus is a serious public health concern; and

WHEREAS, the virus is spread by mosquitoes; and

WHEREAS, mosquito breeding occurs in stagnant water that accumulates in tires and other receptacles.

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

This ordinance establishes regulations for the proper storage of motor vehicle tires and other water collecting receptacles to prevent mosquito breeding and to curb the spread of the West Nile Virus and other diseases.

Section 2. Ordinance

a. It shall be unlawful for any residential or commercial property owner to fail to keep their property free from tires and any receptacle or condition that maintains stagnant water which will allow the breeding of mosquitoes.

b. Commercial property owners shall

1. store tires on the rim; or

2. securely covered; or

3. in an enclosure in a manner permitted under all applicable fire regulations; or

4. in any other manner which will prevent water from collecting in tires and providing a breeding place for mosquitoes;

5. keep their property free from any receptacle or condition which will allow stagnant water and breeding of mosquitoes.

Section 3. Enforcement

a. This Ordinance shall be enforceable by Township of Old Bridge Department of Code Enforcement, Police Department, County of Middlesex Public Health Department, or any other designated official.

b. Any person who violates the provisions of this Ordinance shall be subject to a penalty for each offense of not less than $100.00 or more than $1,000.00

Section 4. 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 5. 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 6. Effective Date

Except as set forth in 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 be come 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 Testino, seconded by Councilman Sohor and so ordered on the following roll call vote:

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

NAYS: None.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 39-00

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE
ESTABLISHING REGULATIONS FOR THE VETERAN'S PARK SKATE PARK

WHEREAS, the Township of Old Bridge is constructing a Skate Park facility within Veteran's Park; and

WHEREAS, such park requires rules and regulations to ensue the Skate Park is used in an orderly and safe manner.

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

This ordinance establishes rules and regulations for the use of the Skate Park located within Veteran's Park.

Section 2. Ordinance

Section 4-14 of the Code of Old Bridge, Beach and Recreation Areas, is hereby amended to include Section 14-4.6 which shall state as follows:

SKATE PARK Rules and Regulations. The following rules and regulations shall apply to the Skate Park located in Veteran's Park:

a. Open to skateboards, in-line skates and BMX bicycles only.
b. Helmets, elbow pads and knee pads are required to be worn at all times.
c. Non-skaters, non-boarders and non-bikers are not allowed on the Skate Park surface or raps.
d. No personal ramps, rails, boxes or any other jump apparatus are allowed.
e. No food or drink allowed except for water in plastic bottles.
f. No horseplay or aggressive behavior will be tolerated.
g. No motorized skateboards, bicycles, scooters or cycles are allowed.
h. Skate Park is open only during regular hours of park operation (down until dusk unless lighted).
I. Any accident or infraction of these rules and regulations must be immediately reported to the Park Supervisor and the Old Bridge Police Department.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

Section 5. Effective Date.

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

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

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

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

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

NAYS: None.

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

Ordinance for First Reading.

Attorney Ruggierio: I want to be sure that the most current edition of the ordinance is being moved which will include the Clerk's amendments

Clerk Saracino: I request that it be indicated in the ordinance that the map and engineer's letter are "on file with the Office of the Clerk"; otherwise, we would have to advertise those items.

Attorney Ruggierio: In Section 6 I deleted the language that required a contribution in connection with the street lights. The reason being that it was demonstrated that on July 10, 1985, Mr. Goldie, the township engineer, did request that the wattage of the lights be upgraded. It was thought it inappropriate to burden these homeowners with something that the township engineer required. We thought that the homeowners association had increased the wattage. The Block is 17000; the Lot is 5. This should be inserted into Section 3.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 41-00

ORDINANCE AUTHORIZING ACCEPTANCE OF CERTAIN PUBLIC ROADS PLUS UTILITIES AND AUTHORIZING
THE AMENDMENT OF THE QUALIFIED COMMUNITY MUNICIPAL SERVICES AGREEMENT

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 OF ORDINANCE

This Ordinance is adopted for the primary purpose of accepting various public streets within the Township of Old Bridge. By adoption of this Ordinance, these roadways shall be accepted for municipal maintenance together with certain described utilities lying thereunder. (Sanitary sewers are specifically excluded since they are already owned, managed and controlled by the Old Bridge Township Municipal Utilities Authority.) There are various special conditions which exist in connection with these streets and roads and a modification to the existing Municipal Services Agreement for Foxborough Village is required to fully effectuate the action of the municipality in accepting these roads. The Homeowners Association and the Township of Old Bridge have reached agreement concerning these other issues.

SECTION 2: ACCEPTANCE OF STREETS

The Township of Old Bridge does hereby accept for municipal maintenance the streets described in an August 18, 2000 letter from Foxborough Village Homeowners Association, Inc., plus the roadway known as Foxborough Drive. The streets accepted are the following publicly dedicated roadways: Victorian Drive, Schindler Drive South, Stone Ridge Road, LaValencia Road, Kentfield Road North, Willow Drive, Regency Hill, Mariposa Place, Ponderosa Lane, Beacon Place, Kentfield Road South and Foxborough Drive. (August 18, 2000 letter from Foxborough Village Homeowners Association, Inc. requesting acceptance of these roadways is on file with the Township Clerk.

Prior to the consideration of this Ordinance at second reading (for adoption), the Foxborough Village Homeowners Association shall provide the Township Council of the Township of Old Bridge with a certified resolution of its board indicating that it offers and conveys all it rights, title and interest whether upon, over or under the streets to the storm water collection system, street lights and any connecting structures relating to the storm water collection system or the street lights which are in the boundaries of the right-of-way of the streets listed. The resolution shall also dedicate and convey any and all interest which the Association may have in Foxborough Drive. The Township of Old Bridge will accept for municipal maintenance, jurisdiction, custody and control the area of the right-of-way depicted on the filed maps, the width and area of pavement, all rights, over, under and through the said streets and/or right-of-way. Jurisdiction and control over the sidewalk shall remain with the Homeowners Association.

SECTION 3: EMERGENCY INGRESS AND EGRESS VIA SCHINDLER DRIVE NORTH

The Qualified Community Municipal Services Act Agreement shall be modified to reflect the following:

The Homeowners Association shall dedicate for limited use (nonpublic use) a connection between Schindler Drive North and the proposed development at Block 17000, Lot 5 on the Tax Map of the Township of Old Bridge for the purpose of emergency vehicle access to the proposed development. The public's right to use the road dedicated for this limited purpose shall be restricted to emergency only. The deed of dedication shall specifically prohibit public traffic upon such dedicated road. It is specifically understood and agreed that Schindler Drive North is not being dedicated for public use.

SECTION 4: SUMP PUMP DISCHARGE PIPES

The Township does not accept as part of this Ordinance any existing sump pump discharge pipes which are located within the right-of-way. These pipes cross the right-of-way as they interconnect to the storm water collection system. The Qualified Community Municipal Services Act Association between the Township of Old Bridge and Foxborough Homeowners Association, Inc. shall be specifically modified to provide that it shall be the obligation of the homeowner or, in default thereof, the obligation of the Homeowners Association to keep such sump pump discharge pipes functioning and patent to the extent they are on or under the lands of individual homeowners. Should it become necessary to repair, maintain or replace such pipes which lie within the public streets dedicated under this Ordinance, repairs shall be undertaken only with the permission of the Township Engineer. Any repairs performed by the Township of Old Bridge on sump pump discharge pipes lying in the right-of-way dedicated in this Ordinance shall be reimbursed to Old Bridge by the Homeowners Association. In the event any portion of the sump pump discharge pipe system fails, it shall be repaired and/or removed as directed by the Township Engineer. Should the homeowner fail to fulfill this responsibility, the Homeowners Association shall assume the obligation of replacing or repairing failed sump pump discharge pipes and/or other portions of the obligation of replacing or repairing failed sump pump discharge pipes and/or other portions of the sump pump discharge system which is causing damage or could cause damage to the public improvements within the right-of-way.

SECTION 5: ASSOCIATION TO HOLD TOWNSHIP HARMLESS

The Foxborough Village Homeowners Association shall execute a modification to the existing Municipal Services Agreement agreeing to indemnify and hold the Township harmless from any claim to property damage caused by malfunctioning sump pump discharge pipes which are connected to the storm water system.

SECTION 6: RESERVED

SECTION 7: INCONSISTENT ORDINANCES

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

SECTION 8: PARTIAL INVALIDITY

SECTION 9: EFFECTIVE DATE

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

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

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

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

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

NAYS: None.

Consent Agenda.

No. 483 Granting permission to hold the Old Bridge Day Parade - Saturday, October 7, 2000 8:00 a.m. to 10:30 a.m. (rain date 10/8/00).

RESOLUTION

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

WHEREAS, the committee for the Fifth Annual Old Bridge Day has requested permission to hold a parade on Saturday, October 7, 2000 (rain date Sunday, October 8, 2000); and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Fifth Annual Old Bridge Day; and

WHEREAS, a parade route has been submitted to the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the parade in connection with the Fifth Annual Old Bridge Day held on Saturday, October 7, 2000 (rain date Sunday, October 8, 2000).

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

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

NAYS: None.

No. 484 Granting permission for a block party - Sunrise Road - Saturday, September 16, 2000 from 2:00 p.m. to 10:00 p.m. (rain date 9/23/00).

RESOLUTION

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 Sunrise Road at the intersection of Grove Lane for the purpose of a block party to be held on September 16, 2000 (rain date September 23, 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 Sunrise Road be completely closed to vehicular traffic from the intersection of Grove Lane. 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 Hoff, seconded by Councilwoman Marinaccio and so ordered on the following roll call vote:

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

NAYS: None.

No. 485 Authorizing contract with Apruzzese, McDermott, Mastro & Murphy for general labor matters and negations (maximum amount of contract $30,000 (nunc pro tunc).

RESOLUTION

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

WHEREAS, the Township of Old Bridge requires the services of council for the purpose of handling general labor matters and negotiations; and

WHEREAS, Robert T. Clark, Esq., of the firm of Apruzzesee, McDermott, Mastro & Murphy, is a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; 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 as follows:

Initial amount authorized by this contract....................$2.000.00

Amount which may be authorized by Director of Law by supplemental purchase order(s)..................$28,000.00

Maximum amount under this contract.........................$30,000.00

2. The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents evidencing this professional contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds # 921 has been received for this contract assuring that there are sufficient funds in the appropriation(s) listed below to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY 2001

CERT. NO. 921

AMOUNT $30,000.00

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid

4. This contract for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: the professional names in this resolution is a recognized professional.

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

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

NAYS: None.

No. 486 Authorizing cancellation of CDBG mortgage for Harry & Joan Wellington.

RESOLUTION

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

WHEREAS, a Community Development Block Grant (CDBG) Mortgage was entered into by Harry and Joan Wellington with the Township of Old Bridge for premises known as 24 Farmbrook Drive, Old Bridge, New Jersey; and

WHEREAS, the amount of the CDBG Mortgage is $11,443.00; and

WHEREAS, the above-named individuals have paid the outstanding amount of the mortgage and are requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $11,443.00 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

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

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

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

NAYS: None.

No. 487 Authorizing leave of absence for Theresa Sporer due to personal illness.

RESOLUTION

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;

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 Theresa Sporer, 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 September 14, 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 Theresa Sporer.

BE IT FURTHER RESOLVED, that the leave of absence of Theresa Sporer 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 Councilman Hoff, seconded by Councilwoman Marinaccio and so ordered on the following roll call vote:

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

NAYS: None.

No. 488 Authorizing payment of pay out of accumulated time for Lt. Elwood Steele in the amount of $56,829.37.

RESOLUTION

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 has a policy which requires the Township Council's authorization of any pay out of accumulated time $5,000 or greater to be authorized by resolution; and

WHEREAS, due to retirement from his position at the Township, Elwood Steele is entitled to a pay out of is accumulated time; and

WHEREAS, the Township Council wishes to authorize such pay out.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a pay out of accumulated time is hereby authorized to be paid to Elwood Steele in the amount of $56,548.95.

Sick (111.5) $40,548.95

Compensatory Time (359.75) $16,280.42

Total $56,829.37

BE IT FURTHER RESOLVED that payments shall be paid in two installments:

$28,500.00 . . . . . . . . . . . . . . .Upon the effective date of this resolution

$28,329.37 . . . . . . . . . . . . . . . During the months of January or February 2001.

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

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

NAYS: None.

No. 489 Authorizing tax collector to cancel tax overpayments and delinquencies under $2.00.

WHEREAS, the records of the Tax Collector show open balances for real estate taxes of less than $2.00 on various accounts, and

WHEREAS, it is in the best interest of the Township for these minimal balances/credits to be canceled since it is not economical to carry said balances,

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel all open balances and all open overpayments shown on the following schedules and any interest thereon applicable.

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

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

NAYS: None.

No. 490 Authorizing Himanshu Shah, Director of Finance, to act as proxy vote pertaining to NJ Asset & Rebate Agreement.

RESOLUTION

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

Himanshu Shah is authorized to execute the attached proxy vote form for amendment and restatement of the New Jersey Asset and Rebate Trust Agreement.

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

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

NAYS: None.

No. 491 Authorizing payment of accumulated time to Al Williams in the amount of $12,029.42.

RESOLUTION

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 has a policy which requires the Township Council's authorization of any pay out of accumulated time, $5,000.00 or greater, to be authorized by resolution; and

WHEREAS, due to transfer from his position as Dispatcher to Police Officer at the Township, Al Williams is entitled to a pay out of his accumulated vacation and compensatory time; and

WHEREAS, the Township Council wishes to authorize such pay out.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Al Williams in the amount of $12,029.32.

Vacation (10 days) $1,469.98

Comp/ETO (538.75 hrs.) 10,559.32

TOTAL $12,029.32

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

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

NAYS: None.

No. 492 Authorizing temporary budget appropriation for FY2001 - Current Budget & Utilities - $1,299,500.00

RESOLUTION

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

WHEREAS, there will be a delay in the adoption of the 2001 Township of Old Bridge, County of Middlesex, New Jersey Local Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that in accordance with N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $1,299,500.00 and that said emergency temporary appropriation shall be provided in full in the 2001 budget. (See Attached)

CURRENT BUDGET

Other Expenses $1,274,500.00

ARENA UTILITY

Other Expenses 25,000.00

TOTAL $1,299,500.00

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

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

NAYS: None.

No. 493 Requesting the state to prioritize improvements to Rt. 34/Morristown/Amboy Road - traffic light and reconstruction.

RESOLUTION

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

WHEREAS, the Township recently had a traffic count and warranty study completed for the intersection of Rt. 34, Amboy Road and Morristown Road project; and

WHEREAS, the study concluded that this intersection warranted a traffic light and reconstruction; and

WHEREAS, the improvements to this intersection are a high priority project for this community since the problems that exist create a safety hazard in a very busy area.

NOW, THEREFORE, BE IT RESOLVED, that the Township of Old Bridge, County of Middlesex, State of New Jersey hereby requests the State to prioritize the improvements to the Rt. 34, Morristown Road, Amboy Road intersection.

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

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

NAYS: None.

No. 494 Rescinding resolution to County re: Cedar Ridge II funding.

RESOLUTION

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

the Resolution Requesting Matching Funds from Middlesex County For the Acquisition of Open Space, passed by the Township Council on September 5, 2000 is hereby rescinded.

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

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

NAYS: None.

No. 495 Correcting term of office of Jim Phillips on the Housing Authority to reflect proper five year term requirement (term ending changed from May 2005 to May 2002).

RESOLUTION

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

WHEREAS, the term of office for James Phillips on the Housing Authority be corrected to read May 2002 to be in compliance with the five year term requirement.

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

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

NAYS: None.

No. 496 Requesting the county to send a representative to appear before the Township Council to discuss the impact of the planned construction upon the community at the intersection of Cliffwood Road and Laurence Parkway.

RESOLUTION

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

WHEREAS, The County of Middlesex has plans to construct certain road improvements to the intersection of Laurence Parkway and Cliffwood Road; and

WHEREAS, this intersection is part of a major thoroughfare in 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 that the Township of Old Bridge hereby requests the County of Middlesex send a representative at its earliest convenience to appear before the Township Council to discuss the impact of the planned construction upon the community and to address any concerns the residents of Old Bridge may have regarding the planned road improvements; and

BE IT FURTHER RESOLVED THAT a true copy of this resolution be sent to the Middlesex County Board of Chosen Freeholders, the Middlesex County Engineer and the New Jersey Highway Authority (Garden State Parkway).

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

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

NAYS: None.

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

Councilman Redmond: What are we asking for?

Councilman Hoff: We are asking for improvements to the access/egress around the parkway.

No. 497 Requesting $4 million from Middlesex County for the acquisition of open space known as Woodland Trails.

RESOLUTION

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

WHEREAS, the Township of Old Bridge has an interest in acquiring a parcel of land commonly known as Woodland Trails, a.k.a. Cedar Ridge II for use as open space; and

WHEREAS, the Township of Old Bridge has applied to the State of New Jersey for various forms of financial assistance to be used for the acquisition of said parcel of land; and

WHEREAS, the Township of Old Bridge also wishes to receive such financial assistance from the County of Middlesex;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township of Old Bridge hereby requests the assistance of the County of Middlesex in acquiring the parcel of land commonly known as Woodland Trails, a.k.a. Cedar Ridge II by providing the Township with a grant in the amount of four million dollars ($4,000,000.00) for the acquisition of said parcel; and

BE IT FURTHER RESOLVED that a true copy of this resolution be sent to the Middlesex County Board of Chosen Freeholders.

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

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

NAYS: None.

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

Councilman Testino: I hope that Mr. Ruggierio opines that I can vote for this. I asked Mr. Shah for projection on the numbers so that we can see what the township's end of this will be.

Mr. Shah: (Inaudible on tape and to stenographer) ...amortization schedule.

Councilman Testino: With the $4 million from the state?

Mayor Cannon: This is related to the Cottrell property.

Councilman Testino: There are different options on this property - $1 million from the state; potentially $2 million from the county. We are now asking for $4 million plus the acquisition costs. There is no problem supporting this, but I am thinking that my colleagues on the council will want to move on this rapidly.

Mr. Shah: We are looking to have fully funded grants of $4 million from the state.

Councilman Testino: We are going to condemnation, so we are talking about more money than that.

Mr. Shah: If you look at the amortization schedule I have given you, it ranges from $1 million to $3 million. If we have to burden the cost of condemnation, it will fall into the same category except that we are going to be paying Cottrell and this.

Councilman Testino: What happened to the meeting you were to have with the freeholder, and was there anything forthcoming from the meeting, or was this just a shot in the dark?

Mayor Cannon: We met with Freeholder Fernicola eight weeks ago. Messrs. Butler, Badcock, Albanir were present at the meeting. We sent pertinent information. I was told by Councilman Redmond that he was asked to meet with a freeholder about a week ago. He and Mr. Butler went to the county and were informed that there were funds available. But they were asked to have council construct a resolution to reinforce the desire of the community to go forward. At that point this will be brought before the Freeholder Board.

Councilman Testino: Is this number reasonable based on your meetings?

Councilman Redmond: The county has indicated their willingness to invest in the project, and asked for this request to be in writing to the freeholders. We have asked for more, but were told that they have money tied up at the beachfront. There are other pieces of property which are in the planning stages. They asked us to present to the council a number of $2 million which is what they are willing to invest in the project. If you want to ask for $4 million, that is up to you.

Mayor Cannon: We have gotten $1 million; we are asking for an additional $3 million from the state. I don't want to get into an adversarial position with the county. I want to remind the county that the O&Y property was purchased with Green Acres money. The waterfront is coming out of another fund. The open space dollars is something that we have been contributing to for many years. This project has been a priority since 1976. I hope that they will find a way to give us more than $2 million.

Councilman Testino: If we get enough money pieced together to make a decent offer to take this piece out of the development stream and lose 140+ homes in a pristine area of the township, let's request this. I would like to see the Mayor join in with a letter of request. I would like to see a similar resolution to the state for an additional $3 million. I ask that resolution be put forth also.

Councilman Hoff: Maybe this property is still above the reach even with the grants that we are considering. Is the money we receive dedicated to open space? Do we have the flexibility to buy something else with these monies if this fails? If we make a request for certain moneys, must that request tie down the place we are requesting it for? We might get to the point of regardless of how much money we beg, borrow or steal from the county or state, that we may not be able to buy this land through condemnation or not. If this fails, can we transfer the money to another open space venture.?

Mayor Cannon: I believe we cannot. The money would be dedicated to this project, but we could request a review of another project. This project rates high re: location, size, the fact that it joins other open space and the fact that it is threatened with development. It ranks high on the priority list which should give us the advantage.

Councilman Hoff: It is very expensive, and maybe we cannot afford this.

Councilman Butler: Freeholder Fernicola told me that the project was on going and it looked good. We were asked, and did so, put together a resolution. I thought there should be a number. I don't think there is more than $4 million.

Councilman Redmond: There are specific criteria for purchasing this land. The land has to be adjacent to open space. If it were something that we were not going to use, the money would not be available. This resolution is site specific dealing with this particular piece of land.

No. 498 Supporting the consideration of a rail station in the Township of Old Bridge.

RESOLUTION

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

WHEREAS, New Jersey Transit is currently considering constructing a rail station in the Township of Old Bridge near exit 120 of the Garden State Parkway; and

WHEREAS, an Old Bridge rail station would significantly benefit both the Township of Old Bridge and New Jersey Transit by providing increased accessible mobility to residents; and

WHEREAS, an Old Bridge rail station would provide an essential alternative to commuters traveling to and from Old Bridge who are forced either to use rail stations in other communities such as South Amboy, Matawan, Middletown or Hazlet or other modes of transportation;

WHEREAS, there is a great demand for a rail station within the Township of Old Bridge and the New Jersey Transit North Coast Line due to continuing commercial development, business expansion and residential growth near exit 120 of the Garden State Parkway and the Township as a whole; and

WHEREAS, the burgeoning population of the Township of Old Bridge; the third largest community in Middlesex County, requires additional transportation alternatives; and

WHEREAS, an Old Bridge rail station would likely spur additional business growth in the Township; and

WHEREAS, the Borough of Matawan has expressed support for the development of a new rail station in the Township of Old Bridge;

NOW BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Township of Old Bridge hereby supports the development of a rail station in the Township of Old Bridge to provide access to the New Jersey Transit North Jersey Coast Line in principle; and

NOW BE IT FURTHER RESOLVED that the Township strongly encourages New Jersey Transit to open discussions with the Township of Old Bridge in order to further explore the possibility of building a rail station within the Township.

BE IT FURTHER RESOLVED that a true copy of this resolution shall be sent to Christine Todd Whitman, Governor of the State of New Jersey; the New Jersey Transit Board of Directors; Jeffrey A. Warsh, Executive Director, New Jersey Transit; Senator Joseph M. Kyrillos, Jr., Senate President Donald T. DiFrancesco, Assembly Speaker Jack Collins, Assembly persons Joseph Azzolina and Sam Thompson, Congressman Frank E. Pallone, Jr. Middlesex County Freeholder Director David Crabiel and Robert D. Clifton, Mayor of Matawan.

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

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

NAYS: None.

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

Councilman Hoff: I don't want a train station with nothing else but a parking lot in Laurence Harbor or Cliffwood Beach. Parking lots don't pay ratables. I support this with the potential that there will be more than just a train station, but oppose just a train station. I don't want people driving through our sections of town. The area surrounding the train station in Matawan is the most run down area in town and that train station parking lot hasn't done the town any good. Their Mayor now wants us to help him out and take some of the parking. Let's put it there only if there is support for the construction in the way of office buildings or hotels, it cannot be just roads and houses. I will vote for it, but with an asterisk.

Councilman Testino: I have a lot of questions as to what is going to come with this station. If we get this train station, we will qualify as a city because we have a hospital and train station. I have no problem supporting the resolution, but if the state does not improve the parkway exit, Laurence Parkway, the bridge over the parkway, the access into the area and perhaps access from Aberdeen (which that town would have to give us), I would oppose it. There is no economy improvement in Matawan because of the train station. If we were to get a metroplex in the package, I would consider this. We need to send a message that we are not taking the problem with the benefit.

Councilman Redmond: I don't want to see a situation where this is merely a transit stop. I would rather compare it to what you see in Metuchen. We have developable land which would be a great boom to the economy and to Old Bridge. I envision commuters taking the train to work in Old Bridge.

Councilman Greene: I add my enthusiastic support to this proposal for the reasons stated by Barbara York of the Parking and Transportation Committee. We need to offer the residents of Old Bridge an alternate means of transportation to and from work. By installing a rail station, residents will have more reliable transportation. Property values will increase in Old Bridge. I believe that the rail station will enhance the economic development of Old Bridge.

Mayor Cannon: This has been floating around since the early '80's. It was always thought of to be in conjunction with a significant development/office park/convention center. The commuters need alternatives and we need to stimulate economic development. I agree that there would have to be road improvements made. I am glad that there is unanimous support for this project.

President Maher: I believe this resolution will jump start the negotiations. This is not a contract nor an agreement, but merely a resolution which will start the ball rolling. We all agree that there are issues that need to be addressed, i.e., road and infrastructure improvements. We are sending this to state officials stating that we support an Old Bridge rail station by parkway Exit 120.

Consent Agenda Add On - Authorizing the township attorney to prepare a condemnation ordinance with respect to Cedar Ridge II/Woodland Trails.

Councilman Sohor: Tomorrow evening the planning board will conduct another hearing on the developer's proposal on the Cedar Ridge II property for which we recently asked the county to assist us in the funding. If the application and testimony is complete tomorrow, there is a possibility that the planning board could vote to approve the suggested development on that property. If that were to occur, and the planning board is obligated to approve the development where the developer meets all the legal requirements, the cost of acquiring that property will increase dramatically. We have spoken about acquiring this property for more than six years. We are getting the funding pieces together. This property was put at the top of Old Bridge's "want" list. The county has finally recognized that this property is worthy of acquisition. I would like us to pass a resolution which would advise the township attorney to prepare the necessary ordinances for presentation at the next agenda meeting to begin the condemnation of this property. The owner of the property has been unwilling to speak to us about acquiring the property. This resolution will begin the legal process of putting force behind our words and intentions of acquiring this property. This would give the planning board an opportunity to pause the approval of the development on this property. We can then move quickly to take this property out of the realm of development. We have expressed our commitment to acquire this property. The state will give us support as well as the county. We ask the residents of this township to approve a referendum to tax themselves additionally for open space acquisition. This is an opportunity to preserve this property and prevent it from being lost to us.

Councilman Butler: This planned development will come before the planning board tomorrow evening. Will this impede that process in any way?

Attorney Ruggierio: There is a right of an applicant with a properly approved application to obtain an approval. If those proofs have been given to the planning board, and everything else is in order, the approval should proceed notwithstanding the possibility or the likelihood of the acquisition by the town.

Councilman Hoff: Can we authorize condemnation proceedings when we don't know if we have the money to pay for it?

Attorney Ruggierio: We can introduce an ordinance, and this would be a part of the debate.

Councilman Hoff: What if they call our hand?

Attorney Ruggierio: The council first passes an ordinance of the sort which Mr. Sohor has requested from the legal department. This says that the township wants to acquire this property. Once passed, the township is called upon to negotiate with the condemnee and determine a price. If the negotiations break down, a second ordinance would be passed that would provide the capital funding for the acquisition based on existing appraisals. Once that ordinance is passed we would file proceedings in court to compel the acquisition of the property. We could acquire the property right of way by filing a Declaration of Taking, or withhold the declaration while condemnation commissioners make a judgment about the value of the property, and in the end the property owner could receive a jury trial in connection with the acquisition issue. That is the process, and I know that before you adopt this first ordinance, I would want to speak to you about the pros and cons of this and what the downside might be in fulfilling your responsibility in an acquisition. If there are issues the council should be concerned about in not controlling the ultimate outcome on the price, I would want to speak to you about. It is an issue that you need to evaluate.

Councilman Hoff: We should know about this before we proceed?

Attorney Ruggierio: The only way you can know what the cost is going to be is if you arrive at an agreed price with the condemnee, the person who owns the property. If not, your fate may be decided by a jury. Under those circumstances, you could not control the price.

Councilman Hoff: If a condemnation court granted the condemnation price and the price is (hypothetically) $10 million, Old Bridge agrees, but only has $6 million, what do we do then?

Attorney Ruggierio: We would be obligated to pass an ordinance that funds the difference. We don't deal with millions of dollars. We would get an appraisal on what we think something is worth. We will file a lawsuit to acquire it based on the numbers. During the proceedings, the condemnation commissioner may feel that the property is worth another 15%, at which time we would have to put additional money into court. Once this procedure is started, you will be bound by the outcome. I believe that this is the type of debate that occurs after you introduce the ordinance and you debate among yourselves whether or not you want to be subject to an uncertain outcome.

Councilman Redmond: We are in the process of arranging for funding. We have a $3 million commitment (Sam Thompson- $1 million; the Board of Freeholders - $2 million). This is premature. I don