Old Bridge Township, New Jersey - October 10, 2000 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

OCTOBER 10, 2000

A Regular meeting of the Township Council of the Township of Old Bridge was held on October 10, 2000 in the Municipal Complex. The meeting was called to order by President Maher at 8:08 p.m. who asked all present to participate in a salute to the flag which was followed by a short prayer.

Clerk Rose-Marie Saracino 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 16 at 7:30 p.m.

Roll call by Clerk Saracino showed the following answering present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

Approval of Minutes

RESOLUTION #520

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

Agenda/Executive - September 5, 2000
Executive - September 18, 2000

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.

Bill List

RESOLUTION #521

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 October, 10 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 October 10, 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 $3,324,092.34 (Accounts Payable).

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

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

NAYS: None.

Bill List

RESOLUTION #522

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 October 10, 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.

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

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

NAYS: None.

Bill List

RESOLUTION #523 DENIED

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

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

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

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

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

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

Prior to the vote the following discussion took place

Councilman Testino: What is the status of the 911 operators?

Administrator Shepler: We received a recommendation from Captain Cerra and there should be two new dispatchers on board within the next two weeks.

Councilman Testino: Did the one that was here previously accept your offer?

Administrator Shepler: No.

Report of the Clerk

MONTHLY REPORT OF COLLECTIONSOF ROSE-MARIE SARACINO, CLERK

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

DOGS:
3103-3148 $364.00

CATS:
443-455 $107.00

LICENSE:

HOT DOG
#221 Muller's Dogs $50.00

USED CAR
#272 Toms Inc. Used Car Lot $350.00

VENDING:

Snack - $5.00 each
#97, 98 Parkwood Vending $10.00

Soda -$10.00
#77, 78, 79 Parkwood Vending $30.00

Food - $10.00
#8 Parkwood Vending $25.00

KENNEL
Parkway Kennel $25.00

LIMOUSINE
New Way Limo $35.00
DVG Limo $35.00
Seymour Golden $35.00
Sara Limo $35.00
Tabchnick $35.00

395.00

BINGO/RAFFLE
RA - 56-00 St Lawrence Church (add'l) $80.00
RA - 64-00 St Thomas Home School (add'l) $20.00
RA - 70-00 St Ambrose Home School $10.00
RA - 71-00 St. Ambrose Home School $80.00

$190.00

LIQUOR LICENSE
1209-33-25-001 Pers/Pers Application $4.00
1209-33-25-001 Pers/Pers Transfer (Sal Joper) $131.38
1209-33-022-004 Pers/Pers & Place/Place Transfer (Fairway Plaza) $262.76
1209-33-021-005 Pers/Pers Transfer (Pepperheads) $4.00

$402.14

MAPS
1Street Map $5.00

SEARCH
205 -206 $20.00

MISCELLANEOUS:
Late Fees Dog $9.00
Late Fee Cats $6.00
Photocopies $21.00
Return Check Fee - Cat License #447 $20.00

Total: $1,809.14

Clerk Saracino: Tonight at 9:00 p.m. is the deadline to register to vote for the presidential election. The Clerk's office is open for those who wish to register. There is a rabies clinic on October 14, 2000 - 9-11am for dogs and 11-noon for cats. Also, on October 18, 2000 from 6-8 p.m. for dogs and 8-9 p.m. for cats. For those who need an absentee ballot for voting the deadline for obtaining an absentee ballot by mail is October 31, 2000. Applications are available through the Clerk's office.

MOTION

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

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

NAYS: None.

Report of the Attorney

Attorney Ruggierio: I am pleased to report that I received today a notification from the liquidator concerning the Houran Construction Company. They will approve and allow our claim in the amount $378,325.70. It is my understanding that this is cash money that we will receive in a timely fashion. This is all the money that we are out-of-pocket; in terms of hard costs. I think that this is as good a result as we could of ever expected. We had a meeting with the homeowners association of Bridgepointe and there is a revised resolution that reflects that meeting.

Councilman Testino: Have you advised Mr. Shah about this?

Attorney Ruggierio: I wanted to tell the Mayor first, Himanshu had some concerns about this going back to some of our bonded obligations.

Councilman Testino: How soon will we receive the money?

Attorney Ruggierio: It is my understanding that we would receive it very quickly, once they receive the release. I will call tomorrow to find out.

Councilman Testino: Can we anticipate it in this fiscal year?

Attorney Ruggierio: That would be reasonable.

Councilman Testino: Have we recaptured our expert costs?

Attorney Ruggierio: No, that was something that would not have been covered under the original performance bond.

Councilman Testino: Can you provide us a breakdown of the exact costs that were not covered?

Attorney Ruggierio: This is a case that was settled in the Superior Court years ago, we have a giant file that consumes four filing cabinets in the basement. I suppose that I could do that, but I would hope that you wouldn't ask me. I can probably give you a rough estimate.

Councilman Testino: You are definitely recommending that we settle and that there is no chance of recapturing other costs.

Attorney Ruggierio: Yes, this is the same as a performance bond and we are only able to recapture those items that are in a performance bond. I was certainly expecting something less than our entire claim and I am pleased to say that they approved the entire submission.

Councilman Testino: Would we get interest if they held it up for some time?

Attorney Ruggierio: No, liquidation proceedings are in the same nature of bankruptcy.

Councilman Testino: I would like to add this to tonight's agenda.

Councilman Redmond: I am extremely happy to see this finally come to an end.

Councilman Greene: My understanding is with a receivable like this, you don't need to necessarily have it in hand. If there is enough back up you can recognize it in the budget. I would like to see the council use this money in the 2001 budget. As you know $300,000.00 is equivalent to a 1 cent tax decrease. Perhaps we can decrease the impact of the administration's budget.

President Maher: Himanshu, can we use this to bring down the Mayor's budget.

Mr. Shah: I am not sure, I just learned about this. I have to look at the bond issues. I will let you know.

Councilman Testino: Is there a possibility that we will have to pay this back to the bond holders?

President Maher: Can you advise us in a short time?

Councilman Greene: Are you saying that there may be another item in the budget that may have a short fall and you want to use this money for that?

Mr. Shah: We issued bonds for the library and I have to see if this should go into refunding them.

Councilman Cucchiara: Where do we stand on the Black Seal issue?

Administrator Shepler: The Department of Labor has said that if you have the type of boilers that we have, a black seal is required 24 hours. Our labor counsel has been in contract with Mr. Kahn; who represents the public works unit. To date we have not heard back from the public works unit to discuss this further.

Councilman Cucchiara: Are they the last ones to negotiate?

Administrator Shepler: Yes.

Councilman Testino: I see that Cablevision filed a letter requesting a 15 year approval, they allege that we violated federal laws. Have you reviewed this?

Attorney Ruggierio: I don't think that I have seen that.

Councilman Testino: I would ask you to review and give us your opinion.

ADDED DURING THE MEETING

President Maher opened the public portion for Resolution 524 Seeing no hands President Maher closed the public portion

Resolution Authorizing the Mayor and Township Clerk to Sign Release and Waiver - Bond Claim Southern American Insurance Company - Houran Construction - Old Bridge Library

RESOLUTION #524

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

Be it Resolved that the Mayor and Township Clerk are hereby authorized to execute the attached Release and Waiver Agreement in order to facilitate the final settlement of the claim against Southern American Insurance Company in liquidation proceedings pending in the State of Utah.

ATTACHMENT TO RESOLUTION

Old Bridge Township (hereinafter "Claimant) a claimant in the Southern American Insurance Company (SAIC) liquidation proceeding, in consideration of the recommendation of the Liquidator of SAIC to the supervising court, agrees that its claim in the liquidation proceeding, be allowed in the proceeding as a Class 3 claim in the sum of $3678,325.70. It is expressly understood and agreed that a pro rata distribution based on assets available for distribution shall be paid as shall be directed by the Court. Claimant does hereby for itself, its successors and assigns, remise, release and forever discharge the Liquidator of SAIC, individually and in his official capacity, his heirs, executors, administrators, assigns and successors in office, Special Deputies, employees and agents; the estate of SAIC and the State of Utah from any and all right, cause of action, claim or demand of whatsoever kind, nature or description at law or in equity or created by statute which it now has or which it or its successors and assigns shall or may hereafter have.

Claimant expressly waives all right, including but not limited to rights to notice, and hearings either in court or before the Liquidator of SAIC to which it is entitled under Utah Code Annotated 31A-27-332 and Section 31A-27-336 or otherwise and in any way connected with, related to, or arising from the SAIC liquidation. Claimant understands and agrees that its claim as stated above is fully compromised and settled and is not in dispute.

It is expressly understood and agreed that Claimant's claim will be recommended for payment to the Third Judicial District in the Liquidation proceeding in the amounts stated above and that it shall receive a pro rate distribution on said amounts as the Liquidator is authorized or permitted to pay.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

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, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Preliminary Public Portion

Marianne Guarliaccio: The commissioners of the Housing Authority voted unanimously to enter into negotiations for the Barsel property with the hopes of acquiring the property for affordable senior housing. Tonight you will enter into discussion and consider the proposal that the Housing Authority has given the council. I urge the council to make their decision based on facts, compassion and common sense.

Anita Clavering: I would like to acknowledge the hard work that Diane Amabile has done in bringing about another successful Old Bridge Township Fair. I also want to let you know that there will be a special telecast of the poets of Old Bridge tomorrow night at 7:30p.m.

Dave Merwin: I am dismayed to see in yesterday's newspaper that the Mayor is trying to stall the project for senior housing in the Barsel property. There is a strong need for senior housing in this township and this is the opportunity to do it.

Consent Agenda

C-9 - Resolution Approving Form of Agreement Between Township of Old Bridge and Rondinelli

RESOLUTION #525

WHEREAS, the Township Council of the Township of Old Bridge authorized legal action against Rondell Construction Corporation, Edward J. Rondinelli, Daleron Investments and Rondell Corporation in connection with their activities as developers within a certain subdivision known as Bridgepointe; and

WHEREAS, the Township Legal Department has negotiated a comprehensive settlement agreement with the aforesaid developers known as "Agreement to Resolve Litigation and Claims Regarding Bonded Improvements" (amended 12/21/99); and

WHEREAS, the developers have partially performed the requirements of the Agreement; and

WHEREAS, the developers have signed and executed the Agreement drawn by the Township Attorney, dated December 21, 1999; and

WHEREAS, the Township Council wishes to authorize the Mayor and Clerk to execute the said Agreement .

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

1. The Mayor and Township Clerk are hereby authorized to execute and enter into a certain Agreement known as "Agreement to Resolve Litigation and Claims Regarding Bonded Improvements" (amended 12/21/99). The Township's consent to the terms and conditions of the said Agreements is subject to the qualifications and additional conditions set forth in this Resolution. No agreement shall be valid until the Rondell Construction Corporation, Edward J. Rondinelli, Daleron Investments and Rondell Corporation shall execute a copy of this Resolution. Such execution shall constitute consent to the qualifications and additional conditions.

2. Based upon representations made by the Township Engineer to the Township Council, the Township Council does hereby find that the undertakings required in the Agreement under Section 1 are as follows:

A. Grading as described in the Agreement together with top soiling, seeding and hay mulch as necessary in the determination of the Township Engineer of Block 2150, Lots 4.14, 4.15 and 4.16. It is recognized that the Township Engineer intends to preserve the planted berms already in existence. No seed or top soiling will be required at such locations.

B. Punch list items described in the Agreement.

The Township Council recognized that the only remaining work to be performed by the developer or acts to be done to fully comply with the Agreement are as follows:

Repair of roadway base of Alexandria Parkway in preparation for installation of final (wearing) course.

Applying a top course of paving to Alexandria Parkway (from Matawan Road to the northern side (curb line) of Donomar Lane).

Sodding of exposed slopes within the detention basin described in the Township Engineer's September 28, 2000 memorandum to the Mayor and the Township Council

Production pursuant to Section 4A and B of the Agreement requiring an agreement from First Indemnity of America Insurance Company that a substitute performance guarantee regarding a portion of Bridgepointe Drive and the unfinished 120 foot roadway in back of the school athletic field (off Catherine) shall be posted.

Product of the substitute performance guarantee described above.

3. It is understood and agreed that the developers shall undertake, within 15 days of receiving a fully executed agreement (Agreement to Resolve Litigation and Claims Regarding Bonded Improvements) signed by the Mayor and Township Clerk, the installation of final top course on Alexandria Parkway (from Matawan Road to the northern side (curb line) of Donamar Lane). The developers are placed on notice that final acceptance of all improvements is contingent upon the posting of normal maintenance bonds for areas where improvements have been completed. Moreover, should the developers substantially delay the installation of final top course on Alexandria Parkway as above-described, completed improvements could deteriorate and would require additional repairs. Accordingly, it is incumbent upon the developers to immediately move to complete the top course work described above.

4. The developers, Rondell Construction Corporation, Edward J. Rondinelli, Daleron Investments and Rondell Corporation, shall condition the sale of areas of Bridgepointe abutting Phase I with the following: The purchaser or its successors and assigns are required to flush and clean all drainage systems in Phase I including the detention basin. Such work shall be completed within 30 days after the roads are completed in those areas contributing runoff to Phase I. This flushing and cleaning obligation shall be listed as a performance item in future performance guarantees delivered to Old Bridge by the successor developer. Additionally, the township engineer shall require as a performance item the interim and regular maintenance of the basin by any future developer to wit: periodic removal of silt. This obligation shall be covered by the bonds posted in areas of future construction.

5. As an additional condition of this approval, the developer shall sign this resolution as evidence of his/its agreement to do the following:

a. The developer shall provide a 3 foot minimum width to 4 foot maximum width stone apron around the existing water line of the wet portion of the basin.

b. The developer, its successors and assigns shall provide interim aeration of the wet basin on a continuing basis until final bond releases are given with respect to those areas contributing siltation to the detention basin. The interim aeration system shall be a positive pressure system designed to push air into the standing water of the basin. Its purpose is to prevent stagnation.

c. The developer shall post a cash performance guarantee out of the funds held from the developer sufficient in amount to fund the cost of a fully installed fountain- type aeration system. The developer or its successors and assigns shall install the foundation aerator when the upstream construction is complete and such sections are deemed to no longer contribute silted runoff to the basin.

Moved by Councilman Hoff, seconded by Councilman Testino 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

Attorney Ruggierio: There was a meeting tonight with the council sub-committee, and the association. I will read the modification to the ordinance from the meeting: "Additionally, the township engineer shall require as a performance item the interim and regular maintenance of the basin by any future developer to wit: periodic removal of silt. This obligation shall be covered by the bonds posted in areas of future construction" Also section 5 had been added: "As an additional condition of this approval, the developer shall sign this resolution as evidence of his/its agreement to do the following:

a. The developer shall provide a 3 foot minimum width to 4 foot maximum width stone apron around the existing water line of the wet portion of the basin.

This provision requires that the engineer cost out what this would cost and to retain some cash portion of the performance bond to assure that it would be done. If the council approves this we will present it to Mr. Rondinelli and his companies and ask them to sign it.

President Maher: I would like to know if the association's attorney supports this resolution in its entirety?

Ms. Kennedy: We support this resolution as drafted

Councilman Hoff: I am satisfied that this is a good resolution.

Councilman Redmond: I applaud the residents for being persistent.

Councilman Greene: I hope that the remaining parties agree to this and that we get that development looking the way that it should.

Councilwoman Marinaccio: Are we keeping money to make sure it is done?

Attorney Ruggierio: If the detention basin becomes silted because of upstream construction, that would be something that Nelson would include as a specific performance item in the performance bonds that are posted for the next section of development.

Councilwoman Marinaccio: Who is starting the fountain, now?

Attorney Ruggierio: The obligation to place this temporary aeration is incumbent upon the Rondinelli entities.

Councilwoman Marinaccio: If was not to do it, what is the recourse?

Attorney Ruggierio: We hold substantial performance guarantees.

Councilwoman Marinaccio: Can we put a time-frame on these requirements?

Attorney Ruggierio: Yes, the principal thing that he is obligated to do is put the top course on the road within 15 days. The requirement to put the stone apron around the basin and the obligation to provide the temporary aeration, he would be highly motivated by the financial return to do that.

Councilwoman Marinaccio: Is there a time frame in the agreement?

Attorney Ruggierio: There is not a time limit, I think that the financial rewards would work their magic, I don't think that you need a time limit.

Councilwoman Marinaccio: Wouldn't it be better if we had a time frame? He could take nine months.

Attorney Ruggierio: I would have to consult with people in order to put time limits in. I am not prepared to do it right now.

Councilwoman Marinaccio: He wanted the release of the money all the while and he hasn't done what he was suppose to do. I am afraid if we don't have a time frame he won't do it.

Councilman Redmond: We had a lengthy meeting earlier this evening with the association, Nelson, Bill and Messrs Greene, Hoff and myself. The problem with the fountain is that it can't be installed on permanent basis until all the upstream construction is completed because of the silt. To put a time constraint on that item, it would have to be after the construction.

Councilwoman Marinaccio: Then put one on the temporary.

Councilman Redmond: It has to continually go on during the construction phase.

President Maher: The temporary is immediate.

Councilwoman Marinaccio: Is it up and running now?

President Maher: No.

Councilman Redmond: We were talking about thirty days.

Councilwoman Marinaccio: I would like to see that in writing in the agreement.

President Maher: I appreciate the concern of the resident and am happy that the council was able to help work this out.

President Maher opened the public portion.

Barry Donahue, Representative of Rondinelli: I would like to thank the council and the sub-committee for working with the residents to resolve this matter. I would like to ask Mr. Ruggierio if these hand written notations will be put into form and sent to us.

Attorney Ruggierio: Yes.

Seeing no hands President Maher closed the public portion.

ORDINANCE FOR SECOND READING

ORD. #42-00 Amendment to Rent Stabilization Ordinance - Tax Increase Provisions

TOWNSHIP OF OLD BRIDGE
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

If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

SECTION 5: EFFECTIVE DATE

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

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

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

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

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

NAYS: Councilman Butler, President Maher.

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

ORD. #43-00 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

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 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 Greene, 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 vote the following discussion took place

President Maher: Nelson, are you recommending passage of this?

Mr. Iglesias: We had a meeting a short time ago.

Councilman Greene: This has been a long time in coming and the hurdle to get over involves a few houses that have sump pumps in their basement and that water is directed out to the lawns into a cut in the curb. The engineer wants to make sure that is corrected before the township takes over the roads but he has offered that the township take the roads with the provisions that the Association in the near future hire a engineer and professional people to correct those situations. I am sure that Mr. Mannino, if he were here, would be very happy that this is being accomplished.

Councilman Testino: I am in support of this and am glad to see it finally it pass.

Councilman Redmond: I agree with Mr. Testino. It is time that they start getting services for their taxes.

Attorney Ruggierio: It was my original concept that there would not be adoption until whatever items Mr. Iglesias was going to identify in his inspection were completed. Mr. Iglesias is satisfied as am I that this Association conducts itself in a very professional way and they will certainly follow through on the connection of these thirteen homes to the storm water system. I would just ask Mr. Iglesias to give a letter to the Township Clerk when these are completed so that there will be files letter in the office.

President Maher opened the public portion.

Joel Marcus, Foxborough Village: I would like to thank the township for all the help in getting these roads dedicated.

Seeing no hands President Maher closed the public portion.

ORD. #44-00 Ordinance Designating Drug Free Park & 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 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.

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

ORD. #45-00 Ordinance Authorizing Sidewalk Repair (To be paid by a 10 year pay out.)

Attorney Ruggierio: Apparently there were people who signed up early for this program who were not on the list. There would be some level of unfairness if we left those people off and for that reason I have a new list of participating homeowners. I would like to ask the council to amend this ordinance to add the complete list with the ordinance and propose it for second reading in the future.

REPLACED BY ORDINANCE #48-00 FOR FIRST READING

ORDINANCE FOR FIRST READING

No. 48-00 Ordinance Authorizing Sidewalk Repair (To be paid by a 10 year pay out.)

TOWNSHIP OF OLD BRIDGE
ORDINANCENO. 48-00

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 officer 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 #48-00. 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 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 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.

Prior to the vote the following discussion took place

Councilman Cucchiara: Are there one or two lists?

Attorney Ruggierio: There is one complete list of everybody. The mayor indicated it occur would be on how early you signed up, although there would be flexibility in the same neighborhoods.

Councilman Cucchiara: Who should they contact to get on the list?

Attorney Ruggierio: We already have a list and engineering will be contacting all the people on the list to let them know the exact cost.

Councilman Cucchiara: So from now on should they call Public Works to get on the list?

Attorney Ruggierio: Yes.

Councilman Greene: Are we certain that the people on this list will be done this fall?

Mayor Cannon: We are going to start but we probably won't be able to finish so we will start again first thing in the spring.

Councilman Greene: In the spring will you pick another group of 50 homeowners?

Mayor Cannon: We will probably have to finish the existing 50 but we can add more and also do another bond.

President Maher: If we are doing first reading tonight, I don't see how we can start in the fall.

Mayor Cannon: Hopefully the weather will hold.

ORDNANCE FOR SECOND READING TABLED

ORD. #46-00 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.

Move to table by Councilman Hoff, seconded by Councilman Redmond and so TABLED on the following roll call vote:

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

NAYS: Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilwoman Marinaccio: What are the reasons for the table?

Councilman Hoff: Unresolved issues?

Councilwoman Marinaccio: What are they?

Subsequent to the vote the following discussion took place

Mayor Cannon: Can someone tell me what the issues are?

Councilwoman Marinaccio: I agree, what are they? Can we all be on the same team?

ORDINANCE FOR FIRST READING

FR-1 Ordinance to Amend Police Outside Employment Rate of Compensation - To respond to case law.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 49-00

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE MODIFYING SECTION 2-14.14 OF ORDINANCE No. 14-98

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 is intended to modify Section 2-14.14 of the Police Department Administrative Code which deals with extra duty assignments for police officers. The specific change of this Ordinance eliminates the language which requires the Mayor to fix an hourly rate for under which the Township will be reimbursed by those using the police officers assigned to extra duty work. The new positions will provide that the Township will be reimbursed for police officers who work extra duty assignments shall be "in accordance with State and/or Federal law, regulations, or guidelines".

SECTION 2: AMENDMENT OF SECTION 2-14.14 OF ORDINANCE 14-98:

Amendment of Section 2-14.14 of Ordinance 14-98 is hereby repealed in its entirety. The following new provisions shall be adopted by way of substitution at the said Section 2-14.14:

Extra duty assignments of regular or special police personnel for third party requests for traffic control, crowd control or other police-type duty shall be made with the approval and through the Office of the Chief of Police. Such extra-duty shall be voluntary. While on such duty, the members so assigned shall be under the supervision and control of the Chief of Police and superior officers of the Department and shall be subject to the provisions of this section. For this service, the person requesting such quasi-public police service shall compensate the Township for services rendered at an hourly rate in accordance with State and/or Federal law, regulations or guidelines.

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 NJSA40:69A-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 in 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 Butler, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

FR-2 Ordinance for Resident Only Parking - Foxborough Village

MOTION

To introduce for First Reading by Councilman Greene, seconded by Councilman Butler, and which the roll call vote was never completed because of a motion to table by Councilman Redmond.

During the vote the following comments were made.

Councilman Testino: I understand that the administrator has some concerns.

Administrator Shepler: You can't do this, I don't have anything on this.

Councilman Redmond: So why is this on the agenda?

President Maher: This is an ordinance for first reading.

Administrator Shepler: It has to go to the DOT.

Councilman Greene: It did.

Administrator Shepler: I do not have approval back from the DOT.

Councilman Greene: I have it, it went to the Police Department.

Administrator Shepler: I do not a even a piece of paper on this.

Councilman Greene: We discussed this at the Agenda meeting.

Administrator Shepler: I would like to give it to Bill to prepare an ordinance if we do have the approval.

President Maher: We are in the middle of a roll call vote.

Point of Order

Councilman Testino: I would like to ask the attorney if we should move forward or not.

Attorney Ruggierio: We can't introduce something that is written.

MOTION

To table by Councilman Redmond, seconded by Councilman Testino and so tabled on the following roll call vote:

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

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

Prior to the vote the following discussion took place

Councilman Testino: I would ask that we put this on as soon as possible and take action on it.

Consent Agenda

President Maher opened the public portion for the consent agenda. Seeing no hands President Maher closed the public portion.

Parade - Madison Park Homeowners Association Annual Halloween Parade Saturday, October 28, 2000 (No Rain Date)

RESOLUTION #526

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

WHEREAS, the Madison Park Homeowners Association has requested permission to hold a parade on October 28, 2000; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Madison Park Homeowners Association; 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 Madison Park Homeowners Association Halloween parade to be held on October 28, 2000.

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.

Contract with Vital Computer Resources for Computer Maintenance for Vital MOD IV Tax Assessment in the sum of $29,400.00 (CERT. #923) (AFFIRM. ACT.)

RESOLUTION #527

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 a firm for purposes of computer maintenance for the Tax Assessment Department; and

WHEREAS, Vital Computer Resources, Inc., located at 900 South Broad Street, Trenton, New Jersey 08611 is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Vital Computer Resources, Inc. For purposes of providing the aforesaid computer maintenance services for the Tax Assessment Department.

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

1. A contract for professional services is authorized to be entered into with Vital Computer Resources, Inc. in the amount not to exceed $29,400.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #923 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

This Resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the vender with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with Affirmative Action employee information reporting.

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

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

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.

Granting permission to Cheesequake School to hold a PTA Bake Sale Tuesday, November 7, 2000 at the Civic Center

RESOLUTION #528

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

WHEREAS, Cheesequake School PTA has requested permission to conduct a bake sale on Election Day, Tuesday, November 7, 2000, at the Civic Center.

NOW THEREFORE, BE IT RESOLVED that the Township Council hereby grants permission to the Cheesequake School PTA to hold such a bake sale.

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.

Memorialize Release Performance Guarantee - Petro Services - Gas Station

RESOLUTION #529

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

WHEREAS, the developer for Petro Services, Inc. Gas Station has requested a release of its performance guarantee posted at the inception of their project; and

WHEREAS, a public hearing was held on September 25, 2000 at which time the Township Engineering Department and the township Council were heard; and

WHEREAS, a representative of the township Engineer's Office has performed an inspection of the site improvement and works and find that these have been completed satisfactorily; and

WHEREAS, the Township Engineer recommends release of the performance guarantee as follows: Performance Bond $78,613.20 10% Cash Deposit $8,734.80

WHEREAS, release of the performance guarantee will be subject to the Developer posting a two (2) year maintenance bond in the amount of $13,102.00 (15% of the performance guarantee).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County o Middle sex, State of New Jersey, that the performance guarantee be released subject to the developer posting a two (2) year maintenance bond in the amount of $13,102.00 (15% of the original performance guarantee of $87,348.00).

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.

Resolution Authorization an Extension of Contract for Scott Smith, Esq. (Firm of Smith & Smith) in the amount of $1,153.85 for legal assistance to the Legal Department (CERT. #925) (AFFIRM. ACT.)

RESOLUTION #530

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

WHEREAS, the Legal Department of the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys; and

WHEREAS, such action should be memorialized.

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

The contract previously granted to the firm Smith & Smith for the purpose of assistance to the Legal Department may be extended in the amount of $1,153.85
There will not be a necessity for an additional contract to be provided, as the original contract is presently on file with the Township Clerk's office.
The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.
Subject to the maximum amount authorized above and as available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

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.

Waiver of $60.00 in permit fees - Cheesequake First Aid

RESOLUTION #531

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge, Middle sex County, State of New Jersey, that the Township's portion of permit fees for the proposed sewer connection for the Cheesequake Volunteer First Aid Squad in the amount of $60.00 are hereby waived.

BE IT FURTHER RESOLVED by the Township Council that the State's portion of such fees shall be paid.

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.

Resolution to cancel Receivable Balance in the amount of $21,053.00 and Appropriation Balance in the amount of $23,392.00 for the Law Enforcement Block Grant

RESOLUTION 532

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

WHEREAS, Law Enforcement Block Grant has a remaining outstanding balance; and

WHEREAS, it is necessary to formally cancel the outstanding grant balance listed below:

LAW ENFORCEMENT BLOCK GRANT

Receivable $21,053.00

Appropriation $23,392.00

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed grant totaling $21,053.00 receivable and $23,392.00 appropriation be canceled.

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.

Resolution Supporting Assembly Bill 129 and Senate Bill 976 (Supporting legislation which would limit punitive damages against Public Entities)

RESOLUTION #533

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 supports the adoption of Assembly Bill No. 129 and Senate Bill 976 which clarifies that punitive damages may not be awarded against public entities or public employees acting within the scope of their employment in any action; and

WHEREAS, the Township Council has been provided with copies of Assembly Bill No. 129 and Senate Bill No. 976; and

WHEREAS, the Township Council of the Township of Old Bridge is of the opinion that such legislation is in the public interest.

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 supports the prompt enactment and signing into law of the above legislation; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to Governor Christine Todd Whitman, Senator Joseph M. Kyrillos, Senator William L. Gormley, Assemblymen Samuel Thompson, Joseph Azzolina and David C. Russo and Assembly Speaker Jack Collins.

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.

Award Contract 00-02 - West Greystone Road Resurfacing to Star of the Sea Concrete Corp., in the amount of $175,880.00 (CERT. #924) (AFFIRM. ACT.)

RESOLUTION #534

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #00-02 for road resurfacing for West Greystone Road; and

WHEREAS, bids were received and opened on September 27, 2000; and

WHEREAS, the Township Council wishes to award the contract for road resurfacing to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to Star of the Sea Concrete Corp., located at 448 Marlboro Road, Old Bridge, New Jersey 08857 as they submitted the lowest responsible bid.

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

1. Star of the Sea Concrete Corp., is hereby awarded a contract in the amount of $175,880.00 for road resurfacing at West Greystone Road.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #924 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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.

Resolution to apply for and obtain a grant/loan from the NJ Dept. Of Community Affairs for $35,000.00 to purchase Elevated Bleachers to expand the Ice Program and to provide additional summer recreational programs

RESOLUTION #535

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 desires to apply for and obtain a grant/loan from the New Jersey Department of Community Affairs for approximately $35,000.00 to carry out a project to purchase Elevated Bleachers.

BE IT RESOLVED that the Township of Old Bridge does hereby authorize for such grant/loan; and upon the grant/loan agreement from the New Jersey Department of Community Affairs, does further authorize the execution of the grant/loan agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of said agreement between Township of Old Bridge and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED, that the persons whose names and titles, and signatures appear below are authorized to sign the application and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith

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.

Memorialize Release of Performance Guarantee - Huntington Hollow

RESOLUTION #536

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

WHEREAS, the developer for Huntington Hollow has requested a release of its performance guarantee posted at the inception of their project; and

WHEREAS, a public hearing was held on October 2, 2000 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, a representative of the Township Engineer's Office has performed an inspection of the site improvement and works and find that these have been completed satisfactorily; and

WHEREAS, the Township Engineer recommends release of the performance guarantee as follows:

Performance Bond $359,044.16

10% Cash Deposit $39,893.80

WHEREAS, release of the performance guarantee will be subject to the Developer posting a two (2) year maintenance bond in the amount of $59,840.00 (15% of the performance guarantee).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the performance guarantee be released subject to the developer posting a two (2) year maintenance bond in the amount of $59,840.00 (15% of the original performance guarantee of $398,937.96).

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