Old Bridge Township, New Jersey - September 25, 2000 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

September 25, 2000

A Regular meeting of the Township Council of the Township of Old Bridge was held on September 25, 2000 in the Municipal Complex. The meeting was called to order by Vice-President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next open public meeting of the council will be held on Monday October 2, 2000 at 8:00 p.m.

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

APPROVAL OF MINUTES

RESOLUTION #502

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:

August 14, 2000 Combined/Executive
August 28, 2000 Executive

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Hoff, Redmond, Councilwoman Marinaccio.

Bill List

RESOLUTION #503

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 25, 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 25, 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 $2,658,309.56 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Cucchiara, Redmond, Councilwoman Marinaccio.

Bill List

RESOLUTION #504

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, Greene, Hoff, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilmen Cucchiara, Redmond, Councilwoman Marinaccio.

Bill List

RESOLUTION #505 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 Greene and so DENIED on the following roll call vote:

AYES: Councilmen Butler, Cucchiara.

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

ABSENT: Councilman Redmond, Councilwoman Marinaccio.

Report of the Clerk

Deputy Clerk Ward: The deadline for voter registration is October 10, 2000. The Clerk's office will be open until 9:00 p.m. that night to accept voter registration. Rabies Clinics are scheduled for October 14, 2000 - dogs will be vaccinated from 9:00am - 11:00am / cats 11:00 am - Noon. On October 18, 2000 dogs will be vaccinated from 6:00pm-8:00pm and cats 8:00pm-9:00pm. The deadline for resumes for the Economic Development Corporation and Open Space Committee is Wednesday, October 4, 2000.

MOTION

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Marinaccio.

Prior to the vote the following discussion took place

President Maher: When will we have the report on the vacancies on the other committees?

Clerk Saracino: I gave you a copy of the vacancies tonight and I have instructed the various boards to submit a chart on the attendance.

Councilman Testino: We also have a report stating that there is another vacancy on the Housing Authority and I would like to advertise for resumes.

Report of the Attorney

Attorney Ruggierio: I have good news to report to the Council and residents. Last year we had a "one time" ten cent reduction in the property tax due to our success in recovering $2,200,000.00 in the North County Case. They had appealed the case and I have now learned that they have withdrawn their appeal. That case is completed and the money is ours. I am handing out a report on Soden Lane that was prepared by Jim Condon and will be happy to answer questions later in the meeting when you have had a chance to review it. The biggest hurdle in accepting this road is that it is private and we really need deeds of dedication from all the land owners.

Councilman Hoff: Is there anything new with the Runyon Watershed?

Attorney Ruggierio: As I have stated before there is nothing new and there really is no leverage that we have over the City of Perth Amboy. There are road issues and that is in Council's hands to pursue that. I know that they are interested in receiving what they call tax reduction in connection with the fields that we use for sports leagues. I told them that my understanding was that we were open to some modest payments. The lawyers from Perth Amboy are committed to the idea of a more cooperative relation with Old Bridge.

Councilman Hoff: I think that we have to keep pursuing this.

Attorney Ruggierio: I have to be honest, we do not have a strategy, if someone wants to suggest one I will entertain it. There is nothing that we are doing because I don't believe that we have any legal leverage.

MOTION

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Marinaccio.

Discussion

Cheesequake Dam

Attorney Ruggierio: The Law Department was asked to convene a meeting with Cheesequake and Engineering, which we did. There are two issues that will require additional investigations, one is a statute and the other was an item of litigation between the Township of Old Bridge and the developer of Cheesequake Village in 1973.

Mr. Fuden; Attorney for Cheesequake Village: It is my understanding that the Mayor has taken the position based on Mr. Ruggierio's advice that it is not legal to provide assistance to renovate this dam. The Dam Safety Act states that if you own a dam, you will be responsible for its repair. There is a provision that states that the Commissioner of Environmental Protection can, in essence, conduct a hearing and realign who they think is the responsible party as far as paying; including the municipality. I am hoping that my discussions with Mr. Ruggierio helps this process because it is my client's feeling that the township should be chipping in and they really don't want to pay me for a year only to find out that what have been saying all along is correct. I think that this could be the answer for the town to chip in. There apparently was litigation between the town and the developer because of drainage problems, even before it was finished. The repairs that were done to the dam in 1973 appear to have been part of the consent agreement between the two parties, that may shed some light on the responsibility of the town as far as chipping in.

Councilman Hoff: Does our attorney still feel that we cannot grant money to this project?

Attorney Ruggierio: Yes. I stated publicly that I believe that this is entirely private property and that the dam serves no public purpose. I will review that statute that Mr. Fuden refers to. I am certainly open to all points of view.

Councilman Hoff: Would it make a difference to your logic that we could be taken to court and it would cost us much more than $25,000.00?

Attorney Ruggierio: No, we are an in-house department and I make a salary. We don't get a dime more if we litigate or not.

Councilman Hoff: Why can the State give money and not a municipality? That does not sound right.

Attorney Ruggierio: I am sure that if there were persons out there who wanted to challenge the Governor's giving this money, they could be successful in a court of law with the view that an expenditure of public monies on private lands is not lawful. There are circumstance that this can be done, such as to benefit the public at large. We have legislation in New Jersey dealing with such matters. I remind you that what we are talking about is a water course and the engineering evidence is overwhelming that there is not a public purpose. At the last meeting this council (against my recommendation) asked me to write to the Attorney General and ask if it was legitimate for the Governor to expend this money. I know that Assemblyman Thompson contacted the Governor's office and was told that his avenue for getting an answer to that question was from legislative services as opposed to the Attorney General's office. So now Legislative Services has a letter from Sam Thompson, the Attorney General has a letter from me and ultimately we will find out if it is legitimate to get this money. I have to say again that I don't think it was the wisest decision to ask the question.

Councilman Hoff: Assembly Thompson has been a tremendous help. He is working on additional money.

President Maher: Would you accept a resolution to the State for the additional money?

Councilman Hoff: I think it is a great idea.

GUEST

Presentation of Laerdal Heartstart FR Automated External Defibrillator to Old Bridge EMS by Chris Tams of the NJ Dept. of Health and Senior Services.

Chris Tams: On behalf of Governor Whitman and Christine Grant; Commissioner of the Department of Health and Senior Services, I am here to present to you a Laerdal Semiautomatic External Defibrillator and an associate training kit. I would like to congratulate your community on receiving one of a hundred fifty six defibrillators offered throughout the state. The award is a result of a one time Department of Health and Senior Service appropriation, it was designed to target emergency service providers that provide first response. These have been proven to be an effective tool in saving peoples lives and also enabling victims of cardiac arrest to leave the hospital and live a fulfilling life.

Jeff Rowen; Old Bridge Volunteer Emergency Service: This machine is a semi automatic defibrillator, it will shock only a shockable rhythm.

Councilman Redmond: Will this be carried on the ambulance?

Jeff Rowen: Yes.

Councilman Redmond: Do our Police have these units also?

Ms. Shepler: Yes, we have fifteen of them.

Councilman Cucchiara: These are almost foolproof?

Mr. Tams: Yes, it talks through each step of the cardiac arrest.

Councilman Cucchiara: If you have a heartbeat it won't work, right?

Mr. Tams: Right, it will only shock a shockable rhythm.

President Maher: If we get to an accident victim within the first five minutes, the survival rate is around 43%. I think that this will be big help with that.

Jeff Rowen: We just bought our first responder vehicle and this will be on board. If we get there before the ambulance we can give emergency care.

HEARING

H-1 Release/Reduction Performance Guarantee - Petro Services, Inc. - Gas Station

Mr. Iglesias: We have not received any complaints and are recommending release of the bond, subject to the posting of a 15% maintenance bond.

MOTION

to release the performance bond of Petro Services, subject to the posting of a 15% maintenance bond by Councilman Redmond, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

ORDINANCE FOR SECOND READING

ORD. #40-00 Ordinance Regulating the Storage of Water Collecting Receptacles to Prevent Mosquito Colony Formation

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

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

NAYS: None.

Prior to the vote the following discussion took place

Councilman Redmond: I think that this ordinance is a good idea, it's a preventative measure that will help the residents. I hope that other municipalities will follow suit.

Councilman Testino: I hope that this ordinance will raise awareness. I would hope that there is a warning period before we start issuing these summons.

Councilwoman Marinaccio: Does this ordinance address pools and decorative ponds that are not maintained?

President Maher: This ordinance doesn't address those problems and that is something that we can take up at another time.

Councilwoman Marinaccio: I would like to see something put in the newsletter to raise awareness for this.

Councilman Redmond: If there are any areas that are a problem, residents can call the Middlesex County Health Department and they will come out and determine if there is a health hazard.

Councilman Cucchiara: Is the Health Department for enforcing this?

President Maher: Yes.

Councilman Cucchiara: So residents can call the Health Department?

President Maher: This was first brought to my attention by a resident and I am happy to have sponsored this ordinance. It was a bi-partisan effort with a lot of input from all, to me that is good government. This will not only help with the mosquito problem, but also help us clean up the environment. I am glad that Old Bridge is a trend setter and I hope that others will follow our lead.

Councilman Sohor: I just want to clarify some points that were made. The ordinance does not only encompass tires and drums, it covers all standing water, section 2 chapter 5 states that "property owners shall keep their property free of any receptacle or condition which will allow stagnant water" also, this ordinance is enforceable not only by the Health Department but also Code Enforcement and Police.

President Maher: I would ask that Mayor sign this as soon as possible and waive her review period.

Ms. Shepler: As soon as we receive it we will send it back.

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

Preliminary Public Portion

Because all signers dealt with an item listed on the Consent Agenda President Maher moved the item up in the meeting.

C-5 Resolution Approving Form of Agreement Between Township of Old Bridge and Rondinelli

Karyn Kennedy; Associate Counsel for Bridgepointe Condominium Association: There are two concerns regarding a release of any performance bonds. The first thing the association is looking for is that Alexandria Parkway be paved within fifteen days. The second one is the storm water management system at the association, more precisely, any build up of silt that goes into the retention basin or ponds. Our concern is that as future construction happens on the perimeter properties it will impact the retention basins. We are looking for some type of contingency whereby not just present, but also future bonds are subject to the clean up of any silt deposits.

Councilman Redmond: Nelson, is that standard procedure?

Mr. Iglesias: Yes it would be. In our discussion with the homeowners association I stated that we would pursue that issue regardless of what happens here. We would make sure that those systems are clean prior to the release of any further bonds.

Attorney Ruggierio: I would like to clarify a few issues. We are not releasing performance bonds at this time. As I understand the concern, if there is further development, that development could cause siltation to go into the basin that has already been accepted, and under those conditions it would be incumbent upon the developer of those sections which cause the siltation to flow into those basins to create a fix. I want to make sure that council and counsel understands what Mr. Iglesias just said, he said "If there was such a circumstance and it wasn't addressed, then under those conditions, the bonds would be held for the construction in the future. This agreement doesn't have the fifteen day provision that Ms. Kennedy talked about, that is something that council will debate. This agreement basically says " if the paving of the top course is done and if we receive this exchange of bonds, that everything at that point is in position and council will, under those circumstances, release the performance guarantee". I would say that this has been an agreement that has been negotiated and re-negotiated fifteen or twenty times. If Mr. Iglesias tells me that it is not hard to get a contractor out and to top paving in fifteen days then I suppose fifteen days from the signing is reasonable.

Councilman Hoff: If he doesn't do it in fifteen days, it will be too late in the season to pave. I read over the agreement and it keeps referring to a punch list items. I never found a punch list, where is it?

Mr. Iglesias: The punch list is quite voluminous, it is about ten pages and was compiled a long time ago. Mr. Rondinelli has completed that punch list, other wise I wouldn't be recommending a release. In my opinion what is left to be done is the paving of Alexandria. Up until very recently what was also left was a pond, which they have been working on diligently and it has been finished. My recommendation is that you ought to release the bonds.

Attorney Ruggierio: We are not releasing bonds, we are entering an agreement that says all the punch list items are done and that the retention has been pushed back and that all that is left is the top course on the road. When that is done, he will have fulfilled his agreement and to ask that the bonds be released.

Councilman Hoff: You refer to punch list items described in this agreement and I never saw them described and I understand that they haven't been corrected.

Attorney Ruggierio: According to the engineer, there was an extensive punch list and every time we got around to the language of the agreement, more and more things were done. Finally we got to the point where Mr. Rondinelli signed the agreement and we are in a position to settle this litigation.

Mr. Iglesias: The punch list items are done Mr. Hoff.

Councilman Hoff: Who is building the rest of the development?

Mr. Iglesias: I do not know. All I know that is that the buildings that are being constructed now are being constructed by Rondinelli. If Bob McGowan and Zudi are behind this, I don't know.

Councilman Hoff: We are talking about a detention basin...

Mr. Iglesias: It is a pond.

Councilman Hoff: This will be a retention for the rest of the project.

Mr. Iglesias: No there will be a entirely separate basin. What you are talking about is not a retention or detention, it is just a pond and there is a long story behind it.

Councilman Hoff: What is the purpose of the pond?

Mr. Iglesias: It was to beautify the site.

Councilman Hoff: It was not for detention or retention?

Mr. Iglesias: Not really, the only purpose was to have something there and it has become a big headache.

Councilman Redmond: Is the fifteen day period in the realm of possibility?

Mr. Iglesias: Absolutely. It is not in the agreement the Mr. Ruggierio prepared for tonight. I worked out this with the engineer this morning.

Councilman Hoff: The agreement says sixty days.

Councilman Redmond: It doesn't say fifteen days in the agreement that we are voting on.

Mr. Iglesias: I told their engineer that if Mr. Rondinelli really meant business he would do it in fifteen days.

Councilman Greene: I would like to ask Ms. Kennedy if she still has concerns after hearing these discussions.

Ms. Kennedy: I am confused about the description of it being just a pond on the property. It is meant to be a storm water system as far as I understand it and have also been told that by the association's engineer. We are concerned about the future and there will be proper drainage and clean out of this system or else the system simply won't work.

President Maher: Is this detention basin right in front of the subdivision?

Ms. Kennedy: Yes.

President Maher: That is a little more that a pond.

Councilman Greene: Are you still firm on the fifteen days?

Ms. Kennedy: We think that fifteen days is a reasonable time and I am not in the position to advocate a longer period. We really have concerns regarding the eventual impact on the storm water system, because that is what it is, it is not just a pond.

Councilman Greene: I would like to hear from Nelson on this.

Mr. Iglesias: That pond was originally built with a siltation accumulation thought behind it. While the site was being constructed drainage emptied out into the pond. Mr. Rondinelli, rather then to keep it as a sediment basin, which meant that while construction going on, sediment would lay there and eventually be removed. He decided to make it a pond, meaning that he raised the elevation of the outlet section of this system in such a way that now you have water accumulating there constantly. All I am saying is that it wasn't meant to be a detention basin, the way I see it.

Councilman Greene: What about the maintenance of this?

Mr. Iglesias: They are concerned about what will happen to their system once the bond is released. Rondinelli is about to sell the property surrounding them. Those sites would be allowed to develop according to plan, it is my function as your engineer to make sure that their systems are not impacted by the new construction. They have the right to advise us that sediment is accumulating in their system and we must make sure that it is cleaned out. Another option that they have is to contact Freehold Soil, which is the agency that controls sediment. If that approved plan which is suppose to prevent siltation from going into systems such as theirs is not followed, they are fined.

Councilman Greene: Do you feel that there are enough protection in place that they don't need anything in writing?

Mr. Iglesias: I do, but if it would make them feel better.

Councilman Greene: I would like to see it in the agreement.

Councilwoman Marinaccio: I would like all these in the agreement so that they will have something to look back on.

Mr. Iglesias: I have no objection to that.

Councilwoman Marinaccio: Why did he change the pond?

Mr. Iglesias: My interpretation was that the pond was there for beautification.

Councilwoman Marinaccio: Is this pond, now, beneficial to the people or Rondinelli?

Mr. Iglesias: It is there now and it must be maintained.

Councilwoman Marinaccio: Which would have been more beneficial to the people?

Mr. Iglesias: My personal opinion is that if the water is maintained properly, it is an advantage to them and something that makes the whole place look nice.

Councilwoman Marinaccio: Cheesequake just left here, they thought a certain way with their dam. I don't want them to be in the same position as Cheesequake thirty years from now. I would like some kind of protection put in writing.

President Maher: What was the original intent of this pond/detention basin?

Mr. Iglesias: It was a siltation basin.

President Maher: Will this be an additional liability?

Mr. Iglesias: No. That area will be developed at some point, which means that water that will go into this basin will be surface water, rather than dirt, which is what is happening now. Once that are is built up the purpose of the detention basin being a silt basin will no longer be necessary, but it will still collect water.

Councilwoman Marinaccio: I will feel better if it is in writing.

Councilman Cucchiara: Would you accept this detention basin?

Mr. Iglesias: Sure.

Councilman Cucchiara: I don't want the home owners to come to us years down the road and have our engineering department say that there are problems.

Mr. Iglesias: As with any other site, we would go out and make sure that it is working properly. The way it is right now, I would have no problem.

Councilman Redmond: I would ask that the agreement that we vote on say that the paving be done within fifteen days of the time that we have a signed agreement.

Attorney Ruggierio: When you move the introduction of this resolution you can add that language. I do have a problem as to how we are going to deal with this written assurance that Councilwoman Marinaccio was speaking about. It may be that the future party won't be Rondinelli.

Mr. Iglesias: We can make it a performance item.

Attorney Ruggierio: Isn't construction going on in places that permits have already been issued?

Mr. Iglesias: Yes, but the areas that they are concerned with is an area that is supposed to be sold to Zudi. He will have a brand new performance bond.

Attorney Ruggierio: So one of the conditions of the bonds would be a clean out of the basin?

Mr. Iglesias: Yes and also the storm systems.

President Maher opened the public portion.

Karyn Kennedy: I think that discussions about whether or not this will be a problem in the future is happening now. I heard the discussion about West Nile and this is a perfect place with the stagnant water. At one point there was an aerator in this basin and it can no longer function because of the build up of silt. I want our position to be clear about the clean up of this retention basin.

Attorney Ruggierio: Is your engineer telling you that it is stagnant?

Karyn Kennedy: I know that there is silt that keeps going in there and that there is an accumulation of silt and the aerator does not work.

Councilman Hoff: I saw the silt pond and it was always my impression that it was a detention basin. I now find out it a pond or a silt pond. What is it?

Bernice Percaris: I am a resident of Bridgepointe and also on the board. Organically that aerator was also a fountain with lights for beautification. As silt filled into the pond, it clogged the motors. We have cleaned it 2 or 3 times. We have paid on our own a company to treat the stagnant water because of the fear of mosquitoes. All the water from rain and runoff flows through that area and it just stays there.

Councilman Hoff: Did that aerator sit on a concrete base?

Ms. Percaris: I think it was on a concrete base. It has now been removed because it keeps getting clogged.

Councilman Hoff: I saw a contractor cleaning it a month ago.

Ms. Percaris: They were just pumping out the basin, the aerator hasn't been there for two years.

Councilman Hoff: What will the end result be?

Mr. Iglesias: The aerator is not needed without water. Mr. Rondinelli installed the aerator when there was water there, its intent was to make things looked pretty. As I said earlier he had exposed that area of ground to such a degree that silt was coming from that point. There was no more water in it. What has been done now is that we have removed the silt totally. Once that area that is now open is built up the only type of water that will be there is pavement runoff, rather than silt, maybe at that time when all it is getting is water, they can reconnect the aerator.

President Maher: What was the original intent of this pond?

Mr. Iglesias: Siltation.

President Maher: When you brought your home, what was the original intent of the pond?

Ms. Percaris: We understood that water from the properties came in there and that the fountain would circulate it. It was very pretty with the lights and ducks.

President Maher: Right now it is just mud.

Councilwoman Marinaccio: If it rains a lot tomorrow will all that water just sit there?

Ms. Percaris: There is always water in the basin.

President Maher: How can we accept this agreement?

Councilwoman Marinaccio: He has to make it a pond, that water has to move.

Mr. Iglesias: It was never intended to be a wet pond, in order for it to be a wet pond it has to have a source of water. If the source of water is runoff, obviously you wouldn't have a sufficient amount to keep it working. The only way to keep constant water there is to provide water.

Councilwoman Marinaccio: Then let him get rid of it totally.

President Maher: I agree.

Councilwoman Marinaccio: We are trying to get rid of stagnant water and he is creating stagnant water.

Mr. Iglesias: During the planning board process I am pretty sure that the DEP insisted on having a water quality pond. The whole purpose is to detain water long enough so that the impurities settle at the bottom of the pond. You keep talking about a pond or lake there and that will never happen unless you provide it with a constant flow of water.

Councilwoman Marinaccio: He went through all this with the lights and aerator just to get impurities into the ground?

Mr. Iglesias: You are missing my point.

President Maher to Barbara O'Desky: When you bought your home, what were told about this piece of property?

Barbara O'Desky: We weren't told anything but we were under the impression that it was there for aesthetic purposes. Nelson said all the impurities go to the bottom, well the other day they just pumped all that silt into the woods. We would love to have a beautiful pond there and I believe that Mr. Rondinelli intended that because there were cat tails planted in the pond, which have since been removed. I don't think that the project has been clearly defined enough so that you can make a decision now.

Al Buchalski of Rondell Construction: The DEP requires you to have a water quality. Originally the pond had a floating fountain, due to non maintenance on both parties parts the fountain was pulled out. Prior to all the lawns being put in we had soil erosion controls, they were removed early; in my opinion, that is why there is silt in the pond. The basin was on the approved plans. We have now excavated the silts from the bottom and restored the pond to what was on the approved plans, 100%. If they would like to put a fountain in they can, it just has to be maintained. It is all grass now and you won't have silts flowing in. With all the rain that we had, you can go look at the water and it is crystal clear.

Michael Dwyer: Given the testimony that we just heard that this will require some active maintenance, is the township still willing to take this over?

Attorney Ruggierio: The township is not accepting that. The homeowners association will own the basin.

President Maher: We are taking over detention basin.

Attorney Ruggierio: Not from Bridgepointe.

Mr. Dwyer: I have heard it described as a pond, a dry pond, a siltation area, a detention basin, a water quality pond. What is this thing?

Dave Merwin: This was the Oswald Brickworks. They use clay to make bricks and water does not seep through clay, it stays there. Right now there is over a foot of water sitting in the pond. There is still another foot before it gets to the pipes that water can drain off. It definitely is not meeting the clean water act, because it is not going anywhere. It is not a pond because I don't think that anything could live in it, because there was a sheen of oil on top of it. It hasn't met any of the four things that I have heard it described as except that is stagnant water.

Ms. Parcaris: The water is not crystal clear, it looks like mud.

Councilwoman Marinaccio: Let's get a formal report on what we are dealing with.

President Maher: I would like something in writing from the homeowners association as to the direction they want the council to take. I hear that you have concerns with the agreement so we are not going to move forward with this.

Councilman Redmond: I can appreciate the concerns over the pond but my main concern is the need to have that road paved. We can deal with the pond as a separate issue. We are never going to get the road paved if we put this agreement off. The road is something that needs to be addressed right now. I share the concerns about the stagnant water and we just passed an ordinance on this that will take care of that.

MOTION

to table until there is a report from the Bridgepointe Homeowners Association for Council direction by Councilman Hoff, seconded by Councilman Testino and so tabled on the following roll call vote:

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

NAYS: Councilman Redmond.

Prior to the vote the following discussion took place

Councilman Testino: I think that we should set up a workshop for this.

Mr. Buchalski: We built this according to approved plans, why can't we get our bonds back?

Attorney Ruggierio: There are issues regarding completion of the road. I do not have the authority to have the mayor sign this. I am afraid that we are going to see a lot of residents of Bridgepointe screaming about the road. You can get your bonds back if you top course the road and finish the section that has not been completed.

President Maher: I would like to know which members would like to attend the workshop meeting.

Councilmen Hoff, Redmond, Testino, Greene volunteered.

President Maher: I will ask the clerks office to schedule this and to notify the association. I want this ready for report by our next regular meeting.

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

ORDINANCE FOR FIRST READING

FR-1 Amendment to Rent Stabilization Ordinance - Tax Increase Provisions.

TOWNSHIP ORDINANCE NO. 42-00

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING CHAPTER 11A OF THE CODE OF OLD BRIDGE, RENT STABILIZATION,
TO PERMIT TENANTS TO BECOME ELIGIBLE FOR TENANT TAX REBATES

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 amends the Chapter 11A, Rent Stabilization, of the Code of the Township of Old Bridge to permit property owners an automatic rent increase upon an increase in property taxes, thereby allowing tenants to become eligible to receive tenant tax rebates, pursuant to N.J.S.A. 54:4-6.2 et seq.

SECTION 2: ORDINANCE

The Code of the Township of Old Bridge is hereby amended by adding section 11A-3 which shall state as follows:

a. Tax Increase. A landlord shall receive an automatic increase in the amount of rent upon an increase in the amount of property tax levied upon the property which is in effect for the base year and current year. The landlord shall divide the increase in amount of rent over the property tax of the previous year by the number of square fee in the dwelling to obtain the rent increase per square foot. The tenant shall not be liable for a rent increase exceeding the tax increase per square foot multiplied by the number of feet occupied by the tenant.

b. Notice to tenant of tax increase. The landlord shall notify the tenant of the automatic increase in the amount of rent by certified mail return receipt requested of the calculation involved in computing the rent increase, including the present property tax for the dwelling, the property tax for the dwelling the previous year, the number of square feet in the dwelling, the increase per square foot, the number of square feet in the dwelling, the increase per square foot, the number of square feet occupied by the tenant and the maximum allowed rent increase.

c. Payment of rent increase. The rent increase each tenant is liable for shall be paid in twelve (12) monthly payments commencing July 1 of each year.

d. Automatic increase in rent. The automatic increase shall not be considered rent for purposes of computing rental increases as provided for in this Chapter.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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

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

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.

FR-2 Accepting Dedication of Roadways in Foxborough Village to Old Bridge Township.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 43-00

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 and September 7, 2000 letters 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, Schindler Drive North (portion of road only), Stone Ridge Road, LaValencia Road, Kentfield Road North, Willow Drive, Regency Hill, Mariposa Place, Ponderosa Lane, Beacon Place, Kentfield Road South and Foxborough Drive. The Township shall accept only the portion of Schindler Drive North which runs from Ferry Road to the North side of Regency Hill Road. The remainder of Schindler Drive North shall remain a private road. (August 18, 2000 letter from Foxborough Village Homeowners Association, Inc. requesting acceptance of these roadways and September 7, 2000 letter describing portion of Schindler Drive North to be accepted are 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 or any grass medians or islands located within the area of right-of-way depicted on the filed maps shall remain with the Homeowners Association.

SECTION 3: RESERVED

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.

The Township Engineer shall inspect the sump pump discharge pipes and sump pump discharge system prior to the acceptance of any streets within Foxborough Village by the Township. Should the Township Engineer determine that the sump pump discharge pipes and/or sump pump discharge system require repairs, the Foxborough Village Homeowners Association shall undertake and complete such repairs to the satisfaction of the Township Engineer prior to the acceptance of any of the streets within Foxborough Village by the Township.

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

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

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

Moved by Councilman Hoff, seconded by 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.

FR-3 Ordinance Designating Drug Free Park and Public Building Zones.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 44-00

ORDINANCE ESTABLISHING DRUG FREE ZONES 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

This Ordinance amends the Code of the Township of Old Bridge in order to establish Drug Free Zones as the law of the State of New Jersey provide for increased penalties for drug offenses when such offenses are committed within 500 feet of a public housing facility, a public park, or a public building.

SECTION 2: ADOPTION OF MAP

Pursuant to NJSA 2C:35-7.1 a Drug Free Zone Map produced on or about ,2000 by Nelson Iglesias, the Township Engineer, is hereby approved and adopted as an official finding and record of the location and boundaries of the area on or within five hundred (500) feet of a public housing facility, a public park or public building within the Township of Old Bridge.

SECTION 3: MAP TO CONSTITUTE OFFICIAL FINDINGS

The Drug Free Zone Map approved and adopted pursuant to this Ordinance shall continue to constitute an official finding and record as to the location and boundaries of the area or areas on or within five hundred (500) feet of a public housing facility, a public park or public building within the Township of Old Bridge until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of the area or areas on or within five hundred (500) feet of a public housing facility, a public park or public building within the Township of Old Bridge.

SECTION 4: ORIGINAL MAP TO BE ON FILE; COPIES

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

SECTION 5: MAP AND LIST AS EVIDENCE

It is understood that the map and list approved and adopted pursuant to this chapter was prepared and it is intended to be used as evidence in prosecutions arising under the criminal laws of this state and that, pursuant to state law, such map and list shall constitute prima facie evidence of the location and boundaries of the area or areas on or within five hundred (500) feet of a public park, public building or public housing facility pursuant to NJSA 2C:35-7.1.

SECTION 6: 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 7: PARTIAL INVALIDITY

SECTION 8 EFFECTIVE DATE

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

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 Councilwoman Marinaccio, 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.

FR-4 Ordinance Authorizing Sidewalk Repair (To be paid by a 10 year pay out.)

TOWNSHIP OF OLD BRIDGE
ORDINANCE 45-00

AN ORDINANCE PROVIDING FOR THE REPAIRING AND IMPROVING OF SIDEWALKS TO BE PERFORMED WHOLLY AT THE COST OF THE OWNER
OF THE REAL ESTATE IN FROM OF SUCH SIDEWALKS PURSUANT TO N.J.S.A. 40:65-1 et. seq.

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 Township of Old Bridge wishes to reconstruct and improve certain sidewalks hereinafter designated. The cost of this project shall be wholly borne by the owner or owners of the real estate in front of which the improvement is made. Following completion of the reconstruction and improvement of the sidewalks authorized by this Ordinance, the proportionate cost of such sidewalk shall be assessed against the owner and shall become a municipal lien. This Ordinance also provides for the right to pay the assessments in installments over a ten (10) year period.

SECTION 2: RIGHT OF OWNER TO MAKE REQUIRED IMPROVEMENTS TO SIDEWALK AT OWN EXPENSE

Any owner of real estate listed in this Ordinance may undertake the installation, construction, reconstruction, or improvement of such owner's sidewalk at their own expense.

If such work is undertaken by an owner, it shall not be performed by the municipality or the municipality's contractor. The purpose of this Section is to give any owner the option to undertake and perform the sidewalk reconstruction work at his, her or their expense. In the event an owner fails to reconstruct the sidewalk in front of their property on or before the 90th day following receipt of this proposed Ordinance, the municipality shall carry out the work and assess the cost thereof.

SECTION 3: TOWNSHIP ENGINEER TO CERTIFY THE COST OF SIDEWALK IMPROVEMENT TO THE GOVERNING BODY

The Township Engineer is designated as the offer of the municipality in charge of the improvement. The Township Engineer shall keep an accurate account of the cost of the improvement and shall certify those costs to the governing body of Old Bridge Township in a report. The certification shall be substantially in the following form:

I hereby render a report on sidewalk construction and improvement performed under the authority of Ordinance #45-00. I hereby certify that the costs of the improvement as calculated in proportion to the\ respective frontage of each property is accurately set forth in this report.

The report shall be made under oath and shall be delivered to the Township Clerk of the Township of Old Bridge

Following receipt of the Engineer's report, if the governing body shall upon examination find that the report accurately reflects a fair apportionment of the assessment to each property owner in proportion to their frontage, the governing body shall confirm and file such report with the officer charged with collection of assessments. Such assessments shall thereafter become a lien against the real estate to which it pertains.

Prior to confirming the report rendered by the Engineer, the governing body shall give notice to the Owner or owners named therein of the time and place fixed for examination of the report and consideration by the governing body of the confirmation thereof.

SECTION 4: ASSESSMENTS SHALL BE A LIEN: ASSESSMENTS SHALL BE COLLECTED IN INSTALLMENTS

Sidewalk assessments approved by the governing body as aforesaid shall bear interest from the time of confirmation at the same rate and with the same penalties for non-payment as assessments for local improvements in the municipality. Such assessments shall from the date of confirmation be a first and paramount lien upon the real estate assessed to the same extent and be collected and enforced in the same manner as assessments for local improvements.

The payment and collection of such sidewalk assessments may be made in installments at the option of the property owner. Such installment shall be over a period of 10 years. If the property upon which a sidewalk assessment t is imposed should be sold after confirmation of the assessment, the full amount of such assessment shall then become immediately due and payable at the time of conveyance of the property.

SECTION 5: PROPERTIES TO BE ASSESSED FOR SIDEWALK RECONSTRUCTION

The list and shall constitute the properties to receive sidewalk reconstruction and shall be assessed the cost thereof in proportion to their improved frontage. The said list shall be on file in the office of the Township Clerk

SECTION 6: The Mayor, Township Clerk and Director of Law are hereby authorized to take any action and to sign any and all documents necessary to carry out this Ordinance.

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 Band C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has filed 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 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.

FR-5 Ordinance Authorizing Land Swap Between Township of Old Bridge and Vaishali Patel (Westley Road) Block 13005 Lot 60 with Block 13005 Lot 59.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 46-00

ORDINANCE AUTHORIZING EXCHANGE OF PROPERTY BETWEEN THE TOWNSHIP OF OLD BRIDGE AND VAISHALI PATEL

WHEREAS, Mr. Vaishali Patel is the Owner of Block 13005, Lot 60 on the Tax Map of Old Bridge; and

WHEREAS, the Township of Old Bridge is the owner of Block 13005, Lot 59 on the Tax Map of Old Bridge; and

WHEREAS, Mr. Patel has proposed an exchange of the aforementioned property whereby the Township would receive Block 13005, Lot 60 and five thousand dollars ($5,000.00) in exchange for a portion of Block 13005, Lot 59; and

WHEREAS, Block 13005, Lot 59 is not needed for a public purpose; and

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 authorize an exchange of property between the Township of Old Bridge and Vaishali Patel. This exchange is advantageous to the Township as the Township shall receive a parcel of land contiguous with other Township owned property thereby creating a single, larger parcel of land which may be used in the future to create an extension of the Trans-Old Bridge Highway.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby authorizes the transfer of a parcel of property owned by the Township known as a portion of Block 13005, Lot 59 on the Tax Map of Old Bridge to Vaishali Patel in exchange for five thousand dollars ($5,000.00) and the transfer of a parcel of property owned by Vaishali Patel known as Block 13005, Lot 60 on the Tax Map of Old Bridge of the Township. A preliminary description of the property to be exchanged pursuant to this Ordinance known as Schedule A and on file in the office of the Township Clerk. The Mayor and Township Clerk are hereby authorized to take any action and to sign any and all documents necessary to carry out this ordinance. The Township attorney shall review any documents necessary to carry out this Ordinance.

SECTION 3: 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 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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

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

Moved by Councilman Hoff, seconded by 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.

FR-6 Ordinance Authorizing Township Acquisition of Real Estate Interest (Cedar Ridge II) (Block 12261, Lots 19, 20, 28, 35, 82 and 84)

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 47-00

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING ACQUISITION OF REAL ESTATE INTEREST
(Cedar Ridge II - Block 12261, Lot 19, 20, 28, 35, 82 and 84)

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

SECTION 1: Pursuant to NJSA 40A:12-5 the Township of Old Bridge is hereby authorized to acquire by purchase, gift or condemnation the lands/premises known and described as Block 12261, Lots 19, 20, 28, 35, 82 and 84/

SECTION 2: The Mayor, Township Clerk and Director of Law are hereby authorized to take an action and to sign any and all documents necessary to carry out this Ordinance.

SECTION 3: 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 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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.

Prior to the vote the following discussion took place

Councilman Sohor: I would like to have this read with the understanding that we are going to postpone second reading for sixty days, so that we can get back results from the committee that we established last week.

Councilman Testino: I would concur with Mr. Sohor and I would also ask that we pass a separate resolution directing the attorney to come back to the council before any notice of taking is filed. Also, a resolution directing the mayor to enter into the negotiation with whatever the committee decides is the number.

Councilman Hoff: I will oppose condemnation proceeding if they arise.

Discussion on Ordinance 43-00

Councilman Redmond: We need a reconsideration on FR2. ( Ord 43-00).

Attorney Ruggierio: I would like the council to vote to amend this ordinance by eliminating section three. After discussion with the associations we feel that Section 3 should not be in this agreement. It should be a separate agreement.

Clerk Saracino: Was this a reconsideration or an amendment?

Attorney Ruggierio: It was a vote to amend the ordinance that has already been read. It should be advertised without section 3.

CONSENT AGENDA