OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

May 8, 2006

A Regular meeting of the Township Council of the Township of Old Bridge was held on May 8, 2006 in the Municipal Complex. The meeting was called to order by President Gillespie who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk 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.

Roll call at 7:40 p.m. by Deputy Clerk Ward, showed the following members present: Councilmen Baker, Butler, Calogera, Greene, Volkert, Councilwoman Panos, President Gillespie. Councilman Testino was late. Councilman Maher was absent.

President Gillespie asked for a moment of silence for the troops serving in the Persian Gulf .

PRESENTATION

Award of Certificates to Mite “B” Team – Gold Medal won on April 2^nd at the Can/AM Challenge Cup Games in Lake Placid , New York .

Mayor Phillips presented Certificates of Excellence to the following players:

Danny Rubin, Brandon Rozzi, Mitchell Shafer, Shane Saladis, Matthew Isaacson, Joseph Murray, Ryan Driscoll, Bjorn Kvaale, Tyler Kogut, Michael Cistone, Christian Winters, Mickey Levine, Kyle Jeffers, Patrick Zuidema.

Coaches

Charles Saladis, Head Coach

Kevin Driscoll, Asst Coach

Anthony Cistone, Asst Coach

Rob Rozzi, Asst Coach.

Team Managers

Kim Shafer and Denise Murray

Mr. Badcock stated that this is another success story for Old Bridge, their record was 30-8-3 for the 2005/2006 season. The team only allowed 17 goals to be scored against them. The Mite “B” won 1^st place Gold at the Can/AM Challenge Cup in Lake Placid, NY. Mr. Badcock stated that Old Bridge should be very proud of this teams achievements.

Coach Saladis thanked the Mayor, Council and residents for their support of the hockey league.

President Gillespie thanked the parents of the players because he knows that there is a lot of sacrifice involved.

APPROVAL OF MINUTES

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

RESOLUTION # 187 -06

WHEREAS, the following minutes are hereby approved:

March 20, 2006 – Agenda Meeting

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

AYES: Councilmen Baker, Butler, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSTAIN: Councilmen Calogera, Greene.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place.

Councilman Greene asked that the minutes from March 27, 2006 be removed from the resolution because during the reproductions of the minutes, only every other page was copied and distributed.

BILL LIST

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

RESOLUTION #188-06

WHEREAS, the Business Administrator has the responsibility of approving all 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 May 8, 2006 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 May 8, 2006 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 $35,021,378.42 (Accounts Payable).

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert,

Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

BILL LIST

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

RESOLUTION #189-06

WHEREAS, the Business Administrator has the responsibility of approving all 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 May 8, 2006 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 May 8, 2006 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 $809,462.43 (Payroll).

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert,

Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

BILL LIST

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

RESOLUTION #190-06

WHEREAS, the Business Administrator has the responsibility of approving all 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 May 8, 2006 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 May 8, 2006 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 $26,936.11 (Overtime).

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

AYES: Councilmen Baker, Butler, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: Councilman Calogera.

ABSENT: Councilman Maher.

Report of the Clerk

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK

The following represents the collections made during the month of April 2006:

DOGS

2149 - 2261 893.00

CATS

1-50 500.00

LICENSES

Vending

$25.00 each

# 35 Navarro 50.00

Limousine

#’s

543-547 Goldenstar Limo (5 cars) 250.00

Hot Dog

561 Rocha 50.00

Sale of Flowers

542 Calsetta 200.00

Used Cars

552 Oasis Dodge 500.00

557 Oasis Chevrolet 500.00

Ice Cream

540 Little Jimmy’s 25.00

501 AJF Vending 25.00

534 Elena Perez 25.00

1,625.00

LIQUOR LICENSE – Renewals

CLUBS

1209-31-039-002 Friendly Sons 188.00

1209-31-042-001 Old Bridge Moose Lodge 188.00

DISTRIBUTION

1209-44-028-004 Liquor City 2,383.84

CONSUMPTION

1209-33-005-011 Old New York 2,500.00

1209-33-007-006 Bensi Restaurant 2,500.00

1209-33-024-006 Peapod Restaurant 2,500.00

10,259.84

BINGO/RAFFLE

RA 67-06 Old Bridge Soccer 40.00

RA 68-06 Mc Divitt School 10.00

RA 69-06 Virgil Grissom School 10.00

RA 70-06 Virgil Grissom School 10.00

70.00

PARKING PERMITS

# 2130-2176 (53 Permits) 1,325.00

#2133,2138,2147,2165,2167,2169,2172 40.00 replacements

2159 VOIDED

Temporary Permits

# 651-660 (9 permits) 45.00

1,035.00

MISCELLANEOUS

Photocopies 126.59

Late Fee – Dog 335.00

464.59

TOTAL $14,844.43

MOTION

to approve the Clerk’s Report by Councilman Butler, seconded by Councilman Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

Preliminary Public Comments

Mr. David Bechtold asked the Council to increase the budget for the municipal animal shelter. Mr. Bechtold told the Council that there are two dogs per cage because there are not enough cages.

President Gillespie stated that these suggestions would be considered during the capital budget process.

Mr. Jacobs stated that money was received in a bequest and that he is in the process of going out for quotes for some improvements to the kennel.

Ms. Sharon Colucci stated that the Cultural Arts Committee will be putting on drive-in moves at the ice arena on June 30^th and August 18^th, Ms. Colucci stated that she is looking for sponsors and asked interested parties to contact her at extension 2800. Ms. Colucci also stated that the summer concerts have been moved back to Geick Park.

Mr. Rao requested that the Council cut the defeated school budget so as to save the residents money. Mr. Rao gave council members a list of areas that he suggested cuts in.

Ms. Linda Seiler asked if any public funds would be used for the Municipal Golf Course. Ms. Seiler stated that at the last meeting there was discussion about public funds being used for the golf course. Ms. Seiler stated that this golf course should not be liken to the YMCA.

Hearing

Release/Reduction Performance Guarantee Town Sports International/ New York Sports Club.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

President Gillespie stated that correspondence has been received requesting a postponement.

Motion

to postpone the Hearing on the Release/Reduction of Performance Guarantee for New York Sports Club subject to the applicant re-noticing and re-file by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 15-06

AN ORDINANCE ESTABLISHING MUNICIPAL REGULATIONS GOVERNING THE MAINTENANCE OF RETENTION, DETENTION AND RECHARGE BASINS

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 municipal regulations governing the maintenance and upkeep of retention, detention and recharge basins in the Township of Old Bridge.

Section 2. Definitions

As used in this article, the following terms shall have the meanings indicated:

DETENTION BASIN – A man-made or natural water collection facility designed to collect surface water and sub-surface water in order to impede its flow and to release the same gradually into natural or man-made outlets at a controlled rate consistent with sound downstream stormwater management practices.

RETENTION BASIN – A pond, pool or basin used for the permanent storage of water.

RECHARGE BASIN – A basin used to recharge surface and sub-surface water.

OWNER – Any owner of record, including any person, group of persons, firm, association, homeowner’s association or corporation owning property containing a retention, detention, or recharge basin located within the Township of Old Bridge.

RESPONSIBLE PARTY – Any person, group of persons, firm, association, homeowner’s association or corporation that receives a benefit from a retention, detention or recharge basin located within the Township of Old Bridge.

Section 3. Unlawful to Allow Growth Above Certain Height.

It shall be unlawful for any owner or responsible party to permit any debris, grass or weeds or other vegetation whatsoever to grow higher than ten (10) inches from the ground in, on or around any retention, detention or recharge basin on property owned or benefited by such person, group of persons, firm, association, homeowner’s association or corporation within the Township of Old Bridge.

This section does not apply to mature trees or detention or recharge basins which are designed to grow into natural wetlands.

Section 4. Charge for Mowing by the Township of Old Bridge.

When the Township of Old Bridge is required for health and safety reasons under this ordinance to mow or remove debris from a detention, retention or recharge basin on private property, or when the Township of Old Bridge is requested by the owner or responsible party to mow or remove debris from a detention or retention basin on private property in the Township, the following cost shall be assessed as alien on the property:

1. Mowing and/or weeding - $100.00 per hour with a $100.00 minimum

2. Removal of trash and debris as needed - $100.00 per hour with a

$100.00 minimum

3. Administrative charge - $50.00 per occurrence

Section 5. Notice of Violation

In case owner or responsible party shall fail to keep such basin cut to the height above mentioned and free of debris, the township engineer or his designee shall service a notice on such owner or responsible party ordering the same be done within then (10) days from the date of such notice.

Section 6. Action to Correct Violation; Recover of Costs.

Should the owner or responsible party receiving any such notice refuse or neglect to cut the grass, weeds or remove the debris from the retention or detention basin within the time provided above, the Township Engineer or his designee may provide for the cutting or debris removal from the basin by and under his direction. In such case, the Township Engineer certifies the cost thereof to be charged against the lands, which shall become a lien upon such lands, added to and becoming part of the taxes next to be assessed and levied upon such lands and shall bear interest at the same rate as other taxes and shall be collected and enforced in the same manner as taxes.

If the basin is located on property not owned by an owner of record as defined herein, then said costs shall be charged on a pro rata basis against all responsible parties who benefit from the basin and its use and shall become a lien on the property or properties of the owner(s) so benefited in he manner noted above.

Section 7. Inspection to Determine Continuing Compliance.

The township engineer or his designee shall periodically inspect the basins within the Township of Old Bridge to determine continuing compliance with this ordinance.

Section 8. Maintenance of Retention, Detention or Recharge Basins ; Violations Declared Nuisance; Penalty

Any owner or responsible party violating any of the provisions of

this ordinance shall be guilty of maintaining a nuisance and upon conviction thereof

before any court of competent jurisdiction shall be fined no less than $100.00 nor more

than $500.00 and costs. Each day that such nuisance is maintained shall constitute a separate offense.

Section 9. 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 10. 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 11 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 Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for Second Reading

TABLED

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 16-2006

AN ORDINANCE AMENDMENT CHAPTER 5, ADMINISTRATION AND GOVERNMENT, ARTICLE XIII DEPARTMENT OF POLICE, SECTIONS 5-94 TO 5-109 OF THE CODE OF 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 that chapter 5, Administration and Government, Article XIII Department of Police, Section 5-94 to 5-109 are hereby amended as follows:

Section 1. Purpose

This Ordinance is enacted in order to amend chapter 5, Administration and Government, Article XIII Department of Police, Sections 5-94 to 5-109 o correct a nomenclature error which occurred during codification.

Section 2. Section 5-94(B) Table of Organization is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 3. Section 5-95 A.(1)a. Composition is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 4. Section 5-95 B. Composition. is hereby amended to read as follows:

B. Appointment to the position of police officer shall be made by the Director in accordance with procedures in this article. The Director shall select from the list of qualified candidates established in accordance with this article in order of ranking. All promotions to the rank of Sergeant, Lieutenant, Captain and Chief of Police shall be made in accordance with this article.

Section 5. Section 5-95 D. Composition is hereby amended to read as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 6. Section 5-97 A.(2) Testing procedures for entry level officers; applications; qualifications is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 7. Section 5-97 B.(2) Application is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 8. Section 5-97 E. is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 9. Section 5-98 D. (1) Qualifications is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 10. Section 5-99 A.- E. Director of Department of Police is hereby amended as follows:

The title of this section “Director of the Department of Police” shall be replaced by “Chief of Police”.

“Director of the Department of Police” shall be replaced by “Chief of Police”.

“Director” shall be replaced by “Chief of Police”.

Section 11. Section 5-100 Functions of Department of Police is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 12. Section 5-101C. and D.(1) Special Law Enforcement Officers is hereby amended as follows:

“Director” shall be replaced by “Chief of Police”.

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 13. Sections 5-101D.(6)(d), 5-101D.(6)(g)[2] and 5-101 D.(6)(m) Special Law Enforcement Officers are hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 14. Section 5-102 Hours of Employment is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 15. Section 5-104 C., E., F., H. and I. Promotion to Sergeant is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 16. Section 5-104 J. Promotion to Sergeant is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

“Director” shall be replaced by “Chief of Police”.

Section 17. Section 5-104 K. Promotion to Sergeant is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 18. Section 5-105 C. Promotion to Lieutenant is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 19. Section 5-106 C. Promotion to Captain is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 20. Section 5-107 A., B. and C. Promotion to Director of Department of Police is hereby amended as follows:

The title of this section shall be replaced by “Promotion to Chief of Police”.

“Director of the Department of Police” shall be replaced by “Chief of Police”.

“Director” shall be replaced by “Chief of Police”.

Section 21. Section 5-109 Extra Duty Assignments is hereby amended as follows:

“Director of the Department of Police” shall be replaced by “Chief of Police”.

Section 22. 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 23. 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 24. 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 Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

Moved to TABLE by Councilman Volkert, seconded by President Gillespie and so ordered on the following roll call vote:

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 17-2006

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE LEASING OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE NO LONGER NEEDED FOR PUBLIC USE AND SETTING THE TERMS AND CONDITIONS OF SUCH LEASE

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 is the apparent owner to certain properties known as Block 23001, Lot 9.12 on the Tax Map of Old Bridge. A portion of this land is no longer needed for public use and the Township Council desires to authorize the leasing of the property at auction in accordance with all requirements and procedures set forth in the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.) subject to the conditions listed herein.

Section 2. Authorization to Conduct Auction: Minimum Bid

The Township Administrator is hereby authorized to conduct an open public leasing at auction to the highest bidder in accordance with N.J.S.A. 40A:12-14. The minimum price for the interest which is authorized to be leased under this ordinance is as follows:

Address Block/Lot Minimum Bid

Portion of Pension Road 23001/9.12 $30,000.00 per yr.

Recreation Field with yearly increase

Section 3. Notice of Leasing

The Township Clerk shall cause the Notice of Leasing and Public Notice to be provided in accordance with the statute.

Section 4. Other Terms and Conditions of Leasing.

The terms and conditions of this lease are on file with the Township Clerk and are on file for public inspection during normal business hours. The leasing of this property is specifically for the use of same for a wireless communications monopole; ancillary wireless support equipment and structures; township police; emergency services and public works communications antenna and equipment and associated materials. The Township reserves the right to reject any and all bids including the highest bid.

Section 5. Authorization to Execute Documents

The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyance.

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.

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 8. 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 Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

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

AYES: Councilmen Baker, Butler, Calogera, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

ABSTAIN: Councilman Greene.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 18-2006

AN ORDINANCE TO AUTHORIZE THE SALE OF REAL PROPERTY TO THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR ROAD PURPOSES

WHEREAS, the Township of Old Bridge entered into a conditional Stipulation of Settlement dated May 17, 2002 with K. Hovnanian Central Acquisitions, LLC

(“K. Hovnanian”) pursuant to which K. Hovnanian agreed, among other things, to undertake and pay the cost of certain road, bridge and highway interchange construction relating to the Trans Old Bridge connector and Prest’s Mill Extension; and

WHEREAS, the conditional Stipulation of Settlement dated May 17, 2002 provided that the Township of Old Bridge would acquire certain property necessary for the construction of an interchange with New Jersey State Route 9 (known as “Block 13000, Lot 28 in the Township of Old Bridge”) and that K. Hovnanian would pay up to $50,000 of the cost of that acquisition; and

WHEREAS, the Township of Old Bridge acquired Block 13000, Lot 28 by virtue of a Declaration of Taking filed with the Middlesex County Clerk on January 24, 2003; and

WHEREAS, K. Hovnanian has paid its $50,000 contribution share of the cost to acquire Block 13000, Lot 28; and

WHEREAS, K. Hovnanian has represented that it has received all state approvals necessary for the construction of this bridge and interchange with Route 9 which approval is conditioned upon the Township of Old Bridge’s transfer of Block 13000, Lot 28 to the State of New Jersey, Department of Transportation.

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.

The Township Council hereby determines that it is in the public’s interest to transfer the real property designated as Block 13000, Lot 28 on the Municipal Tax Map to the State of New Jersey Department of Transportation for the purposes of construction of a portion of the Trans Old Bridge Connector and Prest’s Mill Extension and a bridge and interchange with Route 9.

Section 2.

The Mayor and Municipal Clerk are hereby authorized and directed to enter into any contract necessary to effectuate this sale and to sign any deed of sale, subject to the Township Attorney reviewing and approving the form and content of such contracts and deeds.

Section 3.

This ordinance shall be come effective immediately upon the final passage and publication as required by law.

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos.

NAYS: President Gillespie.

ABSENT: Councilman Maher.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 19-2006

AN ORDINANCE AMENDING CHAPTER 388, RENTAL PROPERTY, SUBSECTION 388-2 ESTABLISHMENT OF RENTS, OF THE CODE OF 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 that Chapter 388, Rental Property, Sections 388-2A.(3), Establishment of Rents, Percentage of Increase, is hereby amended as follows:

Section 1. Purpose.

This ordinance amends Chapter 388, Rental Property, Section 388-2A.(3) Establishment of Rents, Percentage of Increase to establish the permitted percentage increase in rent for rent controlled units and new lease periods in the Township of Old Bridge.

Section 2. Section 388-2A.(3) Percentage of Increase is hereby amended to read as follows:

(3) The terms and provisions of this article as pertains to rent increases only shall not be applicable to any new lease entered between June 1, 2006 to May 31, 2010. Rent control shall apply to any renewal, extension or amendment of any lease now or thereafter in effect. The percentage increase at renewal for units covered by rent control shall not exceed two percent (2%) per year. The Township Council may review said increase on an annual basis based upon the recommendation of the Fair Rent Committee.

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 Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Volkert, Councilwoman Panos.

NAYS: Councilman Testino.

ABSENT: Councilman Maher.

ABSTAIN: President Gillespie.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 20-2006

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE NO LONGER NEEDED FOR PUBLIC USE AND SETTING THE TERMS OF SUCH PRIVATE SALE

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 is the apparent owner to certain properties known as Block 3230, Lots 46, 47, 48, 49, 52, 55, 57, 58 & 60; and Block 2000, Lot 19 on the Tax Map of Old Bridge. This land is no longer needed for public use and the Township Council desires to authorize the sale of the property in accordance with all requirements and procedures set forth in the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.)

Section 2. Authorization to Conduct Sale

The Mayor, Township Clerk and Township Attorney are hereby authorized to conduct a private sale to the State of New Jersey or any agency or department thereof in accordance with N.J.S.A. 40A:12-13. The minimum price for the interest which is authorized to be sold under this ordinance is as follow:

Block/Lot Minimum Price

3230/46 $13,400.00

3230/47 $8,700.00

3230/48 $4,800.00

3230/49 $15,500.00

3230/52 $1,400.00

3230/55 $1,000.00

3230/57 $6,000.00

3230/58 $3,300.00

3230/60 $5,000.00

2000/19 $21,000.00

Section 3. Notice of Sale .

The Township Clerk shall cause the Notice of Sale and Public Notice to be provided in accordance with the statute.

Section 4. Authorization to Execute Documents.

The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyance.

Section 5. 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 6. 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 7. Effective Date.

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 Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Prior to the vote the following discussion took place.

Councilwoman Panos stated that this was just adding to the open space to Cheesequake State Park.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 21-2006

EXCAVATIONS

Section 1. Purpose

This ordinance is amended to revise the provisions of Article IV Excavations to strengthen the escrow and bond provisions and to raise fees to an appropriate level.

Section 2. Article IV Excavations shall be revised in its entirely to read as follows:

§ 435-10. Definitions.

As used in this article, the following terms shall have the meanings indicated:

§ 435-11. Permit required.

No person shall remove, dig into, disturb, excavate or take up or cause or procure to be removed, disturbed, excavated or dug up the surface of any public street, lane, alley, court, sidewalk or other public place or any pavement therein, except roads not under the jurisdiction of the Township, without the written permission of the Director of the Department of Public Works whose duty it shall be to grant such permission when all of the requirements of this article for granting the same have been complied with by the applicant. A separate permit shall be required for each opening made. No permit shall be issued to any permittee who is in violation of this ordinance as a result of a prior permit.

§ 435-12. Exemption from permit.

The provisions of this article requiring a permit shall not apply to a residential homeowner who is installing, improving, repairing or totally removing sidewalks on said residential property.

§ 435-13. Application requirements.

Application for a permit shall be made on forms to be provided by the Township. The application shall state the purpose of the excavation and the name and address of the person who will restore the permanent pavement when the same is not to be done by the Township or the applicant. The application shall be accompanied by a diagram indicating the nature and extent of the excavations to be made and the work to be done and, if during the course of the work any major variation is required, the permittee shall file an amended diagram showing the manner in which the work is actually being done.

§ 435-14. Fees.

§ 435-15. Commencement of work and duration of permit.

§ 435-16. Oral emergency approval. In case of emergency, any public utility, individual or company may make an excavation in or upon the surface of any road without first having obtained from the Director of the Department of Public Works a permit (subject to the fees and escrows/bonds required by this ordinance) therefore, in which case the public utility, individual or company shall make application for such permit within two working days after the occurrence of such emergency, provided that the public utility, individual or company first telephones to the office of the Director of the Department of Public Works a statement concerning the emergency in questions or, in case such office is closed, the telephone call shall be made to Old Bridge Police Department.

§ 435-17. Use of mechanical equipment.

No mechanical excavating machinery or equipment shall be used unless the use thereof has been set forth specifically in the application.

§ 435-18. Tunneling under pavement.

Tunneling under pavements shall not be done unless authorized in writing by the Director of the Department of Public Works.

§ 435-19. Emergency Sunday work.

No excavation shall be made on a Sunday except in case of emergency.

§ 435-20. Guarding excavations.

The permittee shall properly guard the excavation by the erection of suitable barricades and by displaying warning lights at night.

§ 435-21. Keeping roads open.

If the excavation is to extend the full width of the road, no more than 1/2 of the road shall be opened at one time and such half shall be backfilled before the other half is opened so as to permit the free flow of traffic.

§ 435-22. Backfilling.

§ 435-23. Temporary paving specifications.

After the backfill has been placed, the permittee shall install a temporary pavement of bituminous material over the opening and shall keep such temporary pavement to grade until it has been replaced by a permanent pavement

§ 435-24. Base course specifications.

The base course shall consist of dense aggregate bituminous concrete of at least five inches thick or equal to the thickness of the existing roadway, whichever is thicker. If existing road is constructed of concrete the permittee must receive prior approval from the inspector as to the type of base required.

§ 435-25. Top course.

The final (wearing) course installed over the base course shall consist of at least two inches of thickness, or equal to the thickness of the existing roadway, whichever is thicker of FABC top course materials. The final (wearing) course shall be enlarged by a minimum of six (6) inches in each direction over the width of the base course and squared up to the extent possible. If existing road is constructed of concrete the permittee must receive prior approval from the inspector as to the type of top course required.

§ 435-26. Trench and bedding detail incorporated by reference. The trench and bedding detail for utility installation is depicted in a certain diagram described as Exhibit 1, 15 copies of which are on file with the Director of Public Works of the Township of Old Bridge.

§ 435-27. Liability.

Any damage done to the pavement, sidewalk, curbing or trees as a result of the permittee in installing its equipment shall be repaired by the permittee. If the permittee fails to make such repairs, the Township shall give the permittee written notice thereof specifying the damage to be repaired. If the permittee fails to make such repairs within 30 days after the receipt of such notice, the Township shall make such repairs, in which event, the permittee shall be charged for the cost thereof, billed upon the completion of the work and shall be paid within 30 days after the receipt of the bill therefor.

§ 435-28. Indemnity.

In accepting a permit, the permittee shall be deemed to have agreed to indemnify and save harmless the Township from and against any and all loss, costs or damages incurred by reason of any damage to any property, injury to any person or any loss of life resulting from any negligence of the permittee, its grants or servants in performing the work covered by the permit.

§ 435-29. Bond requirements for Public Utilities and Cash Escrows/Bonds for non-Public Utilities.

§ 435-30. Agent or servant of permittee.

Neither the Director of the Department of Public Works, nor any person employed to perform such work under or pursuant to the provision of this article, shall be deemed to be the agent or the servant of the permittee for any of the purposes of this article.

§ 435-31. Administration and enforcement.

The Director of the Department of Public Works shall administer and enforce the provisions of this article.

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 Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, President Gillespie.

NAYS: None.

ABSENT: Councilman Maher.

President Gillespie opened the public portion.

Seeing no hands President Gillespie closed the public portion.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 22-2006

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY TOWNSHIP OF OLD BRIDGE NO LONGER NEEDED FOR PUBLIC USE AND SETTING THE TERMS AND CONDITIONS OF SUCH SALE

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 is the apparent owner to certain properties known as: Block 14, Lot 117; Block 52, Lots 91 & 126; Block 1008, Lot 815; Block 1008, Lots 827 & 828; Block 1051, Lot 11; Block 2000.14, Lot 59; Block 2080, Lots 63-65; Block 11238, Lot 23.12; Block 16003, Lots 10.11 & 10.12; Block 20001, Lot 39.11; Block 20001, Lot 41.12; Block 24000, Lot 42; Block 26001, Lot 2.11; Block 26001, Lot 3.11;

Block 26001, Lot 4.11; Block 26001, Lot 6.11; Block 26001, Lot 7.11; Block 26001, Lots 9.11 &n 11.11 on the tax map of Old Bridge. This land is no longer needed for public use and the Township Council desires to authorize the sale of the property at auction in accordance with all the requirements and procedures set forth in the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.), subject to the conditions listed herein.

Section 2. Authorization to Conduct Auction: Sale Price

The Township Administrator is hereby authorized to conduct an open public sale at auction to the highest bidder in accordance with N.J.S.A. 40A:12-13. The minimum price for the interest which is authorized to be sold under this ordinance is as follows:

Address Block/Lot Minimum Bid

Morningside Avenue 14/117 $5,000

Roosevelt Avenue 52/91 & 126 $25,000

State Hwy 35 1008/815 $5,000

State Hwy 35 1008/827 & 828 $36,000

State Hwy 35 1051/11 $30,000

Biondi Avenue 2000.14/59 $4,000

Meeker Avenue 2080/63-65 $75,000

State Hwy 34 11238/23.12 $135,000

State Hwy 18 16003/10.11 & 10.12 $18,000

E. Greystone Road 20001/39.11 $125,000

E. Greystone Road 20001/41.12 $125,000

Englishtown Road 24000/42 $36,000

Englishtown Road 26001/2.11 $110,000

Englishtown Road 26001/3.11 $110,000

Englishtown Road 26001/4.11 $115,000

Englishtown Road 26001/6.11 $115,000

Englishtown Road 26001/7.11 $115,000

Englishtown Road 26001/9.11 & 11.11 $115,000

Section 3. Notice of Sale

The Township Clerk shall cause the Notice of Sale and Public Notice to be provided in accordance with the statute.

Section 4. Other Terms and Conditions of Sale

1. The Township of Old Bridge makes no warranty concerning the marketability or the insurability of title to the said parcel. In the event title of the Township of Old Bridge to the said parcel, or portion thereof, is not marketable or insurable at regular rates by a reputable title insurance company licensed to do business in the State of New Jersey, a successful bidder’s sole remedy shall be the right to demand the return of any deposit paid to the Township of Old Bridge.

2. At least fifteen (15) days prior to the date of settlement, the successful bidder will provide the Township Attorney with the following:

a) preliminary report of title with legal description; and

b) current survey

3. At least ten percent (10%) of the minimum sales price shall accompany the bid, which may be by personal heck. The balance of the bid price or purchase price shall be cash, certified or official bank check, payable at the time of transfer of title, but in no event later than thirty (30) days after the date of the land sale, except in the event that the Township Attorney certifies to the Township that questions of title exist in which event payment shall be made within ninety (90) days after the date of land sale, unless further extended by resolution of the Township Council.

4. In the event a successful bidder shall fail to pay the balance as herein provided, the payment made at the time of sale shall be retained by the Township as liquidated damages for the non-performance of said bidder. The Township shall be entitled to rescind the prior bid approval and terminate any and all rights of the designated bidder in said property.

5. The Township reserves the right to reject any and all bids, including the highest bid.

6. The form of conveyance of said land by the Township shall be a standard form of Quit Claim Deed. The successful bidder shall notify the Township Attorney in writing of any specific request for designation of grantees in said Deed.

7. All sales and conveyances shall be subject to all covenants, conditions, encumbrances, easements, and restrictions, whether of record or not, as well as subject to all presently existing municipal rules, regulations, and ordinances including the zoning ordinance and amendments hereto of the Township of Old Bridge. The sale of any parcel shall in no way bind the Township to provide access or to improve presently existing accesses, whether there be public roads or not, nor is there any representation that, in fact, accesses do exist to any of the parcels named herein.

8. The Deed of Conveyance from the Township to the successful buyer may contain any of the following restrictions, as may be applicable, which will be specified in the terms of sale:

(a) This property shall not be utilized for any purpose which is tax

exempt from municipal property taxes unless the owner thereof shall pay an equivalent amount to the Township of Old Bridge which it would otherwise pay as municipal property taxes if the said use of the property was not tax exempt (municipal, school, county, fire district, etc, taxes). This payment in lieu of taxes shall be paid wholly to the Township of Old Bridge, and shall be a condition upon the sale and a restriction as to the use of the property which shall run with the land.

(b) This property shall be utilized for accessory use only.

(c) No improvements may be built on the property.

(d) Any future sale of the property shall be subject to the restrictions enumerated herein.

(e) The Township of Old Bridge shall have the right of first refusal should the property be put up for sale.

The Township Clerk shall make known the specific restrictions set forth in this Ordinance in the advertisement and invitation to bid and shall comply with the statute’s direction to receive bids under “Option A and Option B” as provided in N.J.S.A. 40A:12-13. The Township of Old Bridge reserves the right to elect either or both options and the highest bid of each. Such acceptance or rejection shall be made not later than the second regular meeting of the governing body following the sale.

Section 5. Authorization to Execute Documents

The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyances.

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.

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 8. Effective Date.

This ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless the Township Council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Township Council shall vote in favor of such resolution pursuant to N.J.S.A. 40:69A-181 and upon this ordinance taking effect shall not be retroactive.

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

AYES: Councilmen Baker, Butler, Calogera, Testino, Volkert, President Gillespie.

NAYS: Councilman Greene, Councilwoman Panos.

ABSENT: Councilman Maher.

President Gillespie opened the public portion.

Mr. John Karak asked how the township acquired the properties on Englishtown Road and also asked what conditions will be put on the properties.

Attorney Convery stated that a number of the lots are to be sold only to adjoining property owners, with the understanding that they could not be built on. There are irregular sized lots that do not conform to the zoning ordinance, so that anyone who buys those lots, is buying at their own risk. There are a number of lots on Englishtown Road that are next to each other, and the buyer should do their own due diligence to determine if they are buildable lots. This will all be pointed out in the “Terms and Conditions of Sale” – which will be handed out to bidders at the auction, which they will need sign. The wetland delineation is done by the State, not the township.

President Gillespie stated that his understanding that the properties were acquired through foreclosure.

Ms. Linda Seiler asked if there were plans for water and sewer to be brought to this lands, and if there is, hold off selling the property until water and sewer is available, so that the Township can sell these properties at a higher price. Ms. Seiler stated that she believes that the money generated from the sale of these properties should go into the Open Space Trust Fund.

Seeing no hands President Gillespie closed the public portion.

Prior to the vote the following discussion took place.

Councilman Calogera stated that his question regarding water and sewer plans has not been provided to him. Councilman Calogera stated that he understands that the money will go into the General Fund to pay for cost associated with Cedar Ridge.

Mr. Jacobs stated that he spoke to Mr. Roy of the OBMUA and a list was provided to him and none of the properties listed would fit the category that Mr. Calogera is speaking of. Almost all the properties either have water and sewer, the several lots that don’t, there are no plans to bring it there.

Councilman Calogera suggested that this process be used when future properties are going to be considered for sale.

Councilman Baker asked if the information was readily available from the MUA.

President Gillespie stated that it was available.

Councilman Greene stated that there was a public referendum that overwhelmingly supported the Open Space Trust Fund and he would like to see this money not go into the general fund. Councilman Greene stated that it is fine to say that we are offering these properties to adjoining property owners, but you never know who will purchase them. There was a gentleman at the last auction who felt that he was wrong by buying non-conforming lot and it now asking for the township to give him additional land to build a house. Councilman Greene stated that he cannot support this ordinance.

Councilwoman Panos asked if the adjoining property owner buys the property will there be restrictions so that it cannot be sub-divided.

Attorney Convery stated that there are deed restrictions on the property.

Councilwoman Panos expressed her disappointment in having to beg for the information regarding the MUA.

Councilwoman Panos asked who will regulate the building on these lots on Englishtown because she is concerned about the residents on Crawford and Shirley, who already have drainage problems. Councilwoman Panos asked if restrictions could be put on the property to make sure they drain towards Englishtown Road.

Attorney Convery stated that the planning board engineering staff would review the drainage and grading to determine the storm water management.

Councilwoman Panos asked if the non-conforming lots on Englishtown Road would have to go before the planning board before they could be built on.

Attorney Convery stated that the general rule is yes, because they are all non-conforming. Depending on who buys the lots and how they assemble them; called “merger” they could become a conforming lot.

President Gillespie stated that even if it was a conforming lot, it would go before the planning board for a site plan approval.

Attorney Convery stated that they would not necessarily go before the planning board, if it was totally conforming and the owner gets a building permit; and it meets all the requirements – it would go before the Code Enforcement and Engineering to make sure it was valid – this is only for a single lot.

Councilwoman Panos asked if it would have to go before a board to be merged.

Attorney Convery not necessarily, we would have to wait until we see who buys it and what they plan on doing with it.

Councilwoman Panos asked if someone bought all six lots, could they build three houses.

Attorney Convery stated that if they meet all the requirements of the R15 zone, they are no different than anyone else in the town that requests a building permit.

Councilwoman Panos stated that she asked for open space, environmental and recreation commissions recommendation on these lots. Councilwoman Panos stated that she is on the Open Space Committee and they tried to get a meeting to discuss this ordinance and they were not able to do so before second reading. Councilwoman Panos asked the council on behalf of the Chairman of the Open Space Committee, to table this until these committees can review and make recommendations.

MOTION DENIED

to table Ordinance 22-2006 until May 22, 2006 by Councilwoman Panos, seconded by Councilman Calogera and so DENIED on the following roll call vote:

AYES: Councilmen Calogera, Greene, Testino, Councilwoman Panos.

NAYS: Councilmen Baker, Butler, Volkert, President Gillespie.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place.

President Gillespie asked Mr. Badcock if he reviewed all the properties for their potential value.

Mr. Badcock stated that he did. There were meetings with Mr. Badcock, Mr. Shah and Mr. Convery where these properties were discussed regarding their value to recreations and the open space committee.

President Gillespie asked how long Mr. Badcock has helped prepare Green Acres applications for the township.

Mr. Badcock stated eighteen years.

President Gillespie stated that even if this ordinance is approved there would still be an opportunity for anyone to be heard prior to consummating a sale of any of these lands.

Attorney Convery stated that this is an authorization for an auction, which will be advertised, there will be terms and conditions. If we learn of any reason that this shouldn’t be sold by the township, we can request that it is pulled from the list. Attorney Convery stated that Mr. Cleary, Township Engineer prepared the original and revised summary sheets which was originally 40 properties. These properties were not picked at random.

President Gillespie stated that any group or committee would have an additional thirty days to be heard.

Councilman Testino stated that these are properties that were acquired through foreclosure and now we are putting these properties back on the tax rolls. These properties have been reviewed by the various department heads and it has been determined that they are not of value to the township. Councilman Testino stated that he sees nothing wrong with putting the properties back into service for relief for the rest of the taxpayers.

President Gillespie stated that the taxpayers are looking for tax relief. These properties have been carried by the rest of the taxpayers for a number of years. President Gillespie stated that these properties have been reviewed by Mr. Badcock. This is a process that other municipalities use to get unproductive properties back on the tax rolls. President Gillespie stated that he believes the Council has a fiscal responsibility to do this.

Councilman Baker stated that he disagrees with Councilwoman Panos because this will add money to the township and because these are not buildable lots.

Councilwoman Panos asked if all the properties were gotten in foreclosures.

President Gillespie stated that he believes so.

Councilwoman Panos asked if anyone realized that the property on Greystone abuts Phillips Preserve.

President Gillespie stated that Mr. Badcock answered all these questions. President Gillespie asked if Mr. Badcock reviewed all the properties.

Mr. Donatelli stated that this property does not abut Phillips Preserve.

Councilwoman Panos stated that Township volunteers asked that this ordinance be tabled and you have disregarded them.

Councilman Greene stated that the tax relief aspect is a hoax. If a lot is unbuildable, you cannot generate tax revenue. The only way to generate tax revenues is to build a house on a parcel of property. This is not tax relief, this is a distortion of the truth.

Mr. Jacobs stated that there were comments made about property that was sold in the Genoa section of the township. Mr. Jacobs checked with the MUA and water has been at those parcels for over twenty years. As for the sewers, there was a publicly advertised ground breaking in September of 2004, sewers were installed in November of 2004 and the Township did not sell the property until December of 2004.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 23-2006

AN ORDINANCE AMENDING CHAPTER 10 TRAFFIC, SECTION 10-19.7b DESIGNATING HANDICAPPED PARKING OF THE CODE OF 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 that Chapter 10 entitled Traffic Section 10-19.7b entitled Designated Handicapped Parking is hereby amended as follows:

SECTION 1. PURPOSE

Pursuant to N.J.S.A. 39:4-197.6, any municipality may by ordinance establish a restricted parking zone in front of a residence occupied by a handicapped person if a windshield placard or wheelchair symbol license plate has been issued for a vehicle owned by the handicapped person, or by another occupant of the residence who is a member of the immediate family of the handicapped person, by the Division of Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-204 et sq. This Ordinance amends the residential parking designation section to include two residential handicapped parking spaces in Laurence Harbor, NJ

SECTION 2. 10-19.7 : HANDICAPPED PARKING DESIGNATIONS

a. Handicapped parking on streets. In accordance with provisions of N.J.S.A 39:4-197, the following street locations are designated as handicapped parking spaces. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

Name of Street Location

(RESERVED)

b. Handicapped parking on street for private residences. In accordance with the provisions of N.J.S.A 39:4-197.6 the following on-street locations are designated as handicapped parking spaces in front of private residences occupied by handicapped persons. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other persons shall be permitted in these spaces.

Name of Street Location

83 Lantana Way Laurence Harbor, NJ

223 Hillcrest Ave. Laurence Harbor, NJ

SECTION 5 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 6 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 7 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 N.J.S.A. 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 at N.J.S.A.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 member of the Council vote in favor of such resolution.

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

ABSENT: Councilman Maher.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 24-2006

ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF A VACATED PORTION OF AVON STREET TO THE ADJOINING PROPERTY OWNERS

WHEREAS, the Township of Old Bridge is authorized by the provisions of N.J.S.A 40:60-28 to vacate land that is no longer needed for public use.

WHEREAS, the Township of Old Bridge may make a private sale of and convey the lands so vacated to adjoining property owners; and

WHEREAS, the Township desires to convey a twenty (20) foot wide portion of roadway located next to Block 2000.19, Lot 1 located on Biondi Street in the Township of Old Bridge to the adjoining property owner Sumski & Associates, LLC for the amount of $5,000.00

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 twenty (20) foot wide portion of roadway located next to Block 2000.19, Lot 1 on Biondi Street is hereby vacated, subject to conveyance to the adjoining property owner Sumski & Associates, LLC for the amount of $5,000.00.

This is a portion of Avon Street, and more fully described in the document “Description of a portion of Avon Street in the Township of Old Bridge, Middlesex County, New Jersey”, to be vacated and dated January 24, 2005 on file with the Township Clerk.

The vacation of this road is contingent upon the filing of an executed deed if easement and right-of-way granting an easement and right-of-way to the Township of Old Bridge and/or OBMUA to permit the Township of Old Bridge and/or the OBMUA to maintain utilities located in the portion of Avon Street to be vacated. Such easement must be accepted by the Township of Old Bridge and/or the OBMUA in order to be valid.

The vacation of this road is further contingent upon the owner(s) of the underlying fee(s) filing a deed(s) with the Middlesex County Clerk which contains the following restrictions:

No improvements may be made on the vacated parcel except accessory

buildings and use to adjoining properties; and

2. The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyance.

3. All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency.

4. 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.

5. This ordinance shall take effect twenty (20) day after publication thereof after final adoption, unless the Township Council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Township Council shall vote in favor of such resolution pursuant to N.J.S.A 40:69A-181 and upon this ordinance taking effect shall not be retroactive.

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

AYES: Councilmen Baker, Butler, Calogera, Testino, Volkert, President Gillespie.

NAYS: Councilman Greene.

ABSENT PODIUM: Councilwoman Panos.

ABSENT: Councilman Maher.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO 25-2006

ORDINANCE AMENDING CHAPTER 388 RENTAL PROPERTY, ARTICLE I, RENT STABILIZATION, BY CREATING NEW SECTION 388-3.1 ENTITLED FEES ON SATELLITE DISHES, OF THE CODE OF 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 that Chapter 388, Rental Property, Section 388-3.1 entitled Fees on Satellite Dishes is hereby created to read as follows:

SECTION 1: PURPOSE

This Ordinance is enacted in order to amend Chapter 388, Rental Property, by adding new Section 388-3.1 in order to prohibit a landlord from charging a fee or security deposit for the installation or removal of a satellite dish.

SECTION 2: SECTION 388-3.1 FEES ON SATELLITE DISHES

is hereby created to read as follows:

No landlord shall charge a separate fee or security deposit to any tenant for the installation or removal of a satellite dish.

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 N.J.S.A. 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 at N.J.S.A.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 member of the Council vote in favor of such resolution.

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

ABSENT: Councilman Maher.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE

ORDINANCE NO. 26-2006

ORDINANCE VACATING A PORTION OF A CONSERVATION EASEMENT FOR THE LOPES PROPERTY (BLOCK 10259.18, LOT 27)

WHEREAS, the Township Engineer has evaluated a request for the vacation of a portion of a Conservation Easement for the Lopes Property known as Block 10259.

18, Lot 27, and has no objection to said vacation; and

WHEREAS, this portion of the Conservation Easement for the Lopes Property (Block 10259.18, Lot 27) is no longer needed for use as a conservation easement.

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

SECTION 1: PURPOSE

The purpose of this ordinance is to vacate a portion of a conservation easement which is no longer needed for use by the Township of Old Bridge

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of a Conservation Easement for Lot 27 in Block 10259.18 more fully described in the document entitled “Schedule A” on file with the Township Clerk.

Within sixty (60) days of the effective date of this Ordinance a certified copy of this Ordinance together with proof of publication and copies of all exhibits shall be filed with the Clerk of Middlesex County for recording.

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 N.J.S.A. 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 at N.J.S.A.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 member of the Council vote in favor of such resolution.

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

AYES: Councilmen Baker, Butler, Calogera, Greene, Testino, Volkert, President Gillespie.

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

ABSENT: Councilman Maher.

CONSENT AGENDA

President Gillespie opened the public portion for the Consent Agenda

Seeing no hands President Gillespie closed the public portion.

AUTHORIZING RENEWAL OF 2006 AMUSEMENT LICENSE FOR THE ROUTE 18 AMUSEMENT CENTER, INC. D/B/A FUNMANIA

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

RESOLUTION # 191-06

the amusement games license for Route 18 Amusement Center, Inc. d/b/a Funmania located at 2441 Route 18 & Spring Valley Road, in Old Bridge Township is hereby renewed for 2006, subject to the following:

1. In granting these approvals, pursuant to the Zoning Board of Adjustment, the tract will be a commercially operated permanent business opened to the public more than thirty (30)

consecutive days annually whose acreage is designed and themed for the primary purpose of providing participatory amusements and incorporates food, merchandise and amusement rides (of the type required to be licensed under N.J.S.A.5:3-31 et seq.) in permanent structures; and

2. By Ordinance No. 9-97, the Township Council of the Township of Old Bridge, by adding new Sections 5-4.10 through 5-4.10 through 5-4.18 inclusive of Chapter