Old Bridge Township, New Jersey - February 7, 2005 Minutes

A combined meeting of the Township Council of the Township of Old Bridge was held on February 7, 2005 in the Municipal Complex. The meeting was called to order at 7:35 p.m. by President Baker, who invited all to participate in a Salute to the Flag which was followed by a short prayer.

Moment of Silence.

President Baker requested a moment of silence for the armed forces serving in Iraq.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, February 28, 2005 at 7:30 p.m. in the municipal complex.

Roll call by Deputy Clerk Ward showed the following council members answering present: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.

RESOLUTION NO. 60

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

12/13/04 - Regular
12/20/04 - Combined
01/03/05 - Reorganization

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

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

NAYS: None.

ABSTAIN: Councilman Calogera.

RESOLUTION NO. 61

BILL LIST

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

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 February 7, 2005 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 February 7, 2005 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 $3,416,419.81 (Accounts Payable).

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

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

NAYS: None.

RESOLUTION NO. 62

BILL LIST

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

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 them in respect to the bill listing of February 7, 2005 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 February 7, 2005 as approved by the Business Administrator after prelude and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $775,337.86 (Payroll).

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

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

NAYS: None.

RESOLUTION NO. 63

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

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

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

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

NAYS: None.

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

Councilman Calogera: Was most of this overtime incurred because of the snowstorm?

Mr. Donatelli: Yes.

Preliminary public comments.

Dr. Formica (5 Southwood Drive): Expressed her health and safety concerns about the Breakfast Club on Rt. 516 most particularly with respect to parking.

Ms. Rihacek (2 Ridge Road): Echoed her concerns about the parking problem relating to the Breakfast Club.

Mr. Seewald (261 Cindy Street): Expressed his dismay about the manner in which the Brunetti project was approved and the negative impact this development will have on the school system.

Mrs. Bechtold (38 Prest's Mill Road): Petitioned the Township Council to consider dead-ending Prest's Mill Road.

Ms. Seiler (Society Hill): Expressed her exasperation at the lack of public notification when positions within the Township of Old Bridge become available. Inferred that nepotism exists within the Township of Old Bridge.

Attorney Berlen: Many are here tonight to speak on the COI, which is fine during this preliminary public comment portion. You received a letter from the mayor indicating that there was the appropriate public hearing held on December 20. If you are here to speak on the COI, now is the time to do it because there will be no public comment taken tonight.

President Baker: The ordinances (relating to the COI) were placed on the agenda with the sole purpose of denying them.

Ms. Troiano (26 Carmel Court): Inquired as to future building within the Township of Old Bridge as it would relate to the COI.

President Baker: We will respond to that at the end of the public comment.

Mr. Lande (Oakwoods Park): Expressed his concern about the children living on Red Pine Loop cross Oakwoods Parkway being able to access the playground if building continues and if Trans Old Bridge Road gets extended to Ferry Road.

President Baker: That will be covered after the public comments.

Councilman Calogera: With respect to the Breakfast Club, there is a questionnaire out to the residents nearby inquiring about permit parking which if allowed would make enforcement easier.

With respect to Prest's Mills Road, the traffic calming devices were not in the Hovnanian development. They were in the Lakeridge development. There was money set aside in the event that there was a traffic problem. The difference between Prest's Mill Road and Country Place is that at the end of Country Place they own many parcels of property. When we vacated that roadway, it was already their property that existed. I don't think the same thing exists at the end of Prest's Mill going into Overlook. The builder owns that roadway from where the roadway exists and ends to where the new one is being built. We don't have that large parcel in between which would have been owned by a homeowners association which is the case in Country Place. That roadway is on the other side of the wetlands.

President Baker: We will get back to you in writing in thirty days. Nothing is going to happen this evening. You have given us an opportunity to respond.

Attorney Berlen: There are three matters currently pending against the Breakfast Club. There are 2003 conditions imposed on their license, and the 2004 conditions which we imposed which have still not been resolved by the Office of Administrative Law. There have been conferences, but no judges have been assigned to start the hearing.

There is also a matter pending before the Middlesex County Construction Board of Appeals dealing with the fire issues which also goes to parking because the emergency vehicles have to be able to respond and access the parking lot. This matter has been reached several times, but because they are working on the sprinkler system, they are being allowed to postpone it.

The fourth item was a superior court case which is being handled by Mr. Convery. I am not sure if anything is pending in superior court. The business administrator can give you a status update. The Office of Administrative Law is backlogged. We will be imposing the same conditions (on the liquor license), and possibly adding some, and we will go back into the process.

Councilman Gillespie: Mrs. Troiano mentioned a specific application that you were concerned about. Do you know if the application has ever been filed? Any application that is front of one of the boards for review, we have asked that we have a moratorium on any consideration of that application. We have done that so that Mr. Jacobs could try to farm that work out to someone outside this building to do a review in light of what has happened with Mr. Vincenti.

If there is an application that was complete and pending before one of the boards, the one hundred twenty day moratorium would apply. The COI ordinance would have changed a lot of different zones all over the town. I am not sure if that bore any direct relevance to this. We have asked the attorney general and the DCA for more guidance. If necessary, I would like to extend the one hundred twenty day period, but must wait for their response.

Councilman Greene: The Breakfast Club borders several wards. There was full council support for denying their application due to clear deception on the part of the
applicant as to what he was actually doing. You have the support of this council in doing anything possible to eliminate the problems. Whatever we have to do through the
administration or through the police department, we will do it. We cannot accept property owners or businesses distorting exactly what they intend to do which affects the
quality of life of the residents in that area.

With respect to the zoning, I believe the residents know that I was against the new zoning ordinance. The question that was just brought up is an indication of why I was against it, and that is that I don't agree with a blanket approval of fifteen hundred acres in the Township of Old Bridge to increase the zoning. I think that this should be done individually. We should spend as much time as we can to review every application that comes before us so that we don't have a Rt. 18 that resembles our neighboring town. The residents of the Oakwoods development have a legitimate gripe. I wish this moratorium was more than one hundred twenty days, and I will do everything to make sure that the residents of Oakwoods and any other area are protected so that they don't have to ruin their quality of life with these fast food restaurants and restaurants.

Councilwoman Panos: I know first hand the trouble with the parking at Breakfast Club. There have been many times when I have been there to witness the trouble. There is no way that there could be this many people parking and the bar not be overcrowded. I would like someone to go to the Breakfast Club under cover. That is a tragedy waiting to happen. I believe they are not abiding by the conditions on their liquor license.

The mayor committed to having workshops before any of this (COI) is voted on. I would hope that he is still going to do that. I believe he moved the workshops from February to sometime in March.

President Baker: It is my goal and my desire to deny this COI and eliminate any need for workshops. We will notify everyone if this issue is revisited.

Councilwoman Panos: I get the feeling that there will not be a workshop.

President Baker: The reality is that there will be workshop if this is revisited. We are here this evening to deny this because your voice will be heard. I reject and do not accept that your voices will not be asked for again.

Councilwoman Panos: There are jobs being created and not being posted. Things like that are happening in this town. I urge you to learn about your government. February 12 at 10:00 a.m. there will be a seminar called "Citizen Empowerment" to take place at St. Joseph's High School. Mr. Seewald mentioned a vote taken at the planning board when there was not supposed to be; there was no public input. This is happening too many times lately. I encourage everyone to attend the seminar which is sponsored by Common Cause.

Councilman Testino: In response to the COI zoning, I am voting that down tonight partially at the request of the mayor and partially because I am in favor of the workshop. Because this debacle occurred doesn't mean that the township can deviate from planning in such a way to structure the future of our town so that we don't have applications that are up and running without having thought about them in advance. If you don't do that, that is where you get into trouble. I am asking the administration and the department heads to keep that in mind. We want to be proactive; we want to visit these in advance. It is the appropriate thing to do - to vote it down and start over again. That is what I am asking to be done in concert with Ms. Panos that we do have a workshop in advance of it coming on. If there are residents who want to work on it or want to have input, we can do it. We are going to have public input again. It is going to go back through the process again, but it would seem to be to be of enough interest to hold such a workshop to allow additional input. I hope everyone joins in and votes this down to start over from scratch.

I have an additional comment on the Breakfast Club. I ask the council president to direct the legal department to review our entire strategy on the Breakfast Club to see if there is anything different we should try in our approach to secure tranquility and quality of life for the residents in that area. I understand that the chief of police has been contacted on the current problems. Admittedly, I am not up at midnight on the weekends, but I have heard of these problems for years. I sympathize with the residents. We have been acting aggressively and have been counseled by the legal department several times. I am asking them to refigure any other additional actions we can take to assure that your rights are protected. Whatever business rights and concerns they have would have to yield to their concerns.

President Baker: I thank the council for responding to the public comments.

Ordinance for Second Reading. DENIED

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 38-04

ORDINANCE AMENDING AND ADOPTING A NEW OFFICIAL ZONING MAP 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 the Ordinance of this Township, the title of which is “The Land Development Ordinance of the Township of Old Bridge, County of Middlesex, State of New Jersey” be amended as follows:

SECTION 1:

The following ordinance section shall be amended and added to Article 7—2 ZONING of the Old Bridge Township Land Development Ordinance as follows:

Article 7-2A.1 Zoning Map

The official Zoning Map of the Township of Old Bridge, dated March 18, 2004 is hereby amended by revision 1, dated October 8, 2004 and incorporated herein by reference. Copies of the new Zoning Map are on file in the office of the Township Clerk.

SECTION 2: INCONSISTENT ORDINANCES

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

SECTION 3: 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 remainder shall be deemed valid and effective.

SECTION 4: 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 NJSA40A: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 same 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.

MOTION

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

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

NAYS: None.

Prior to the roll call vote President Baker opened a public portion. Seeing no hand President Baker closed the public portion.

Ordinance for Second Reading. DENIED

Township of Old Bridge
Ordinance No. 39-04

An Ordinance to Amend an Ordinance titled “The Land Development Ordinance of the Township of Old Bridge”

BE IT ORDAINED by the Township Council of the Township of Old Bridge in the County of Middlesex in the State of New Jersey that an Ordinance of this Township, the title of which is “The Land Development Ordinance of the Township of Old Bridge, County of Middlesex, State of New Jersey” be amended, revised and supplemented as follows:

SECTION 1: The following ordinance sections shall be amended and added to Article 7-2 – ZONING of the Old Bridge Township Land Development Ordinance as follows:

Article 7-2 A. 3 Establishment and Purposes of Zones.

The following zoning district is hereby established.

COI - Commercial Office Industrial

The purpose of this zone is to allow a wide variety of uses, including retail, office and light industrial, in order to meet the employment and shopping needs of the Township and regional population. Development is encouraged to occur with a mix of uses, and have access to secondary or frontage roads and consolidate and link driveways to minimize highway curb cuts and provide for more efficient traffic circulation.

Article 7-2 B. 2. f Assisted Living Facilities and Hospitals

Sanitariums, assisted living facilities, convalescent and rest homes are permitted in any residential zone and the OG, or COI zone; hospitals are permitted in the R120, OG, COI,
and SD zone, provided that:

(a) The property proposed to be occupied by the use shall have a minimum lot area of five (5) acres, except hospital uses must have a minimum lot area of twenty-five (25)
acres.
(b) Minimum front, rear, and side yard areas shall be one hundred (100) feet;
(c) The lot coverage by building shall not exceed twenty five(25%) percent;
(d) The height of the structure may not exceed the maximum height requirements of this ordinance; provided, however, that the front, rear and side yard requirements shall be
increased by one (1) foot for each foot by which the height of the structure exceed the maximum height which would otherwise be permitted by this ordinance, and further
provided that in no case shall any proposed structure exceed fifty(50) feet in height;
(e) Hospitals located in the R120 zone shall provide a landscaped buffer of not less that seventy-five (75) feet from all property lines;
(f) The traffic impact for the immediate area as well the increased traffic volume being created by the proposed use shall be analyzed in written form by a qualified Traffic Engineer and shall document the conclusion that the proposed use satisfies the following standards:
(a) the additional traffic resulting from the proposed use will not exceed a volume/capacity ratio of 0.8 on the adjacent street;
(b) the additional traffic resulting from the proposed use will not increase the peak volume by ten (10) percent or more; and
(c) the additional traffic resulting from the proposed use will not reduce the level of service at significantly impacted intersections to “F”.

Article 7-3 G. 4 Permitted Signs in Commercial and Commercial/Office/Industrial (COI) Zoning Districts

The following signs are authorized in conjunction with permitted and prior none conforming commercial, office, and industrial uses in the CN, CC, or COI zones;

(1) One (1) facia sign, which may be internally illuminated, placed or inscribed upon the front wall of a building or on each store front in the case of a shopping center,
containing only the name of the store and or the type of use therein and no other advertising material. Such sign shall not exceed an area equal to ten (10) percent of the
building front. All such signs must be of the same area and dimension for similar stores, but the content or color may vary. Such sign may incorporate a time and temperature display.

(2) Three or more stores or occupants: one (1) freestanding sign, which may be internally illuminated and which may state the name of the shopping center or commercial or other activity, the street address, occupants and no other advertising material. Such sign shall not exceed a total area of ten (10) square feet for each store or occupant in the complex, or seventy-five (75) square feet, whichever is less. However, if the building or complex is located on a corner lot, a second freestanding sign, which may be illuminated, may be erected, provided that the area of the second sign does not exceed one half (1/2) of the area and the height does not exceed one half (1/2) of the height of the primary sign erected on the major street. Such sign may incorporate a time and temperature display.

(3) Two stores or occupants or less: one (1)freestanding sign, which may be internally illuminated, and which may state the name of the shopping center and or commercial or other activity, the street address, the name and primary business of each of the occupants and no other advertising material . Such sign shall not exceed forty (40) square feet, and shall not exceed the height principal building on the complex or eighteen (18) feet which ever is less. However, if the building or complex is located on a corner lot a second freestanding sign, which may be illuminated, may be erected provided that the area of the second sign does not exceed one half (1/2) of the area and the height does not
exceed one half (1/2) of the height of the primary sign erected on the major street. Such sign may incorporate a time and temperature display.

(4) One (1) canopy sign; in the case of a shopping center, wherein walkways are roofed over with a permanently installed rigid canopy or other structural device, a sign may
be hung vertically for the underside of said canopy for each store front in the center. Such sign shall not be less than eight (8) feet above the walkway and may not exceed
eight (8) square feet.

(5) One (1) sign in the valance of an awning containing only the name of the store and no other advertising material. The area of such sign shall not exceed eight (8) square feet.

(6) One (1) freestanding directory sign for every ten thousand (10,000) square feet of gross floor area, which may state the name of the occupants of the building or complex and other advertising material at the discretion of the Approving Board. Such signs shall not exceed four (4) square feet in area and six (6) feet in height.

(7) Freestanding signs within the parking areas to identify particular areas or sections of said parking lot provided that not more than one (1) such sign shall be permitted for each parking area and further provided that such signs shall not exceed three (3) square feet in area on only one side nor exceed a height of twenty (20) feet. In addition, freestanding signs may be erected at each end of the parking aisle for identification purposes provided that such signs shall not exceed one (1) square foot in area nor exceed a height of four (4) feet.

(8) There shall be a maximum of two (2) menu signs for any drive-thru restaurant.

Article 10-13 COI ZONE DESIGN STANDARDS

In addition to the design standards otherwise set forth in this Article X, the following design standards shall be applicable to all development in the COI zone. Where the standards contained herein conflict with the standards otherwise set forth in this article, the standards herein shall govern.

The COI Zone contains a broad range of uses intended to encourage economic development in appropriate areas. Because such a large array of uses can have equally large variations in site design, it is necessary for the Approving Board to evaluate development proposals for: layout, aesthetics and architectural design with specific reference to the following factors:

1. Buildings fronting on or visible from Route 9 or Route 18 shall have an architectural design which gives the appearance of retail or offices. Uses which are non retail/office and cannot conform to a retail/office look should be located away from the highway.

2. Manufacturing uses along Route 9 and Route 18 shall be limited such that manufacturing is ancillary to a retail use. Examples would be: a candy shop, leather goods, jewelry, and apparel with products made on premises. To test for compliance with this section, the Approving Board should find that the use has the look and feel of a retail store with products made on premises rather than a large manufacturer which primarily ships products nation-wide or regionally.

3. Outdoor storage of equipment or materials should not be visible from Route 9 or Route 18. The Approving Board should recognize that certain product displays may be necessary for retail businesses such as a garden shop in conjunction with a department store or home improvement center. The intent is to maintain a retail/office look along the highway. No warehousing or permanent stockpiling is permitted along Routes 9 or 18.

4. Landscape buffers should be planted along all highways and streets to provide a well landscaped look, without thoroughly screening the business from view.

5. Access to properties will be controlled, by providing acceleration/deceleration lanes; by providing frontage roads and reducing the number of direct access points to Route 9, Route 18 and collector and arterial roads; and by providing lateral access between adjoining sites, so as not to force vehicles onto the highway unnecessarily.

Appendix C - Schedule of Permitted Uses

The schedule of permitted uses is hereby amended to set forth permitted, conditional and accessory uses in the COI Zone;
Permitted Primary Uses in COI Zone
The following uses are the permitted primary uses for the Commercial/Office/Industrial Zone:
1511 Hotels
1512 Motels
212 Dairy Products
213 Canning & Preserving: Fruits, Vegetables, Seafood
214 Grain Mill Products
215 Bakery Products
217 Confectionery & Related Products
218 Beverages
22 Textile Mill Products
23 Apparel & Other Finished Goods made from Fabric, Leather & similar Products
243 Millworks, etc. & Prefab Structure Wood Products
244 Wooden Containers
2499 Other Wood Products, NEC
25 Furniture & Fixtures
264 Converted Paper & Paper Board Products (except 265)
265 Paper Board Containers & Boxes
27 Printing, Publishing & Allied Industries
283 Drugs
284 Soap, Detergents & other Cleaning Preparations, Perfumes, Cosmetics & other Toilet Preparations
319 Other Fabric/Rubber Products, NEC
32 Stone, Clay & Glass Products (except 323, 3264,3265 & 328)
341 Ordnance & Accessories (except 3412, 3416, 3417, & 3419)
342/343 Machinery
344 Transportation Equipment
349 Fabricated Metal Products, NEC
35 Professional, Scientific & Controlling Instruments, Photographic & Optical Goods, Watches & Clocks
3417 & 3419
39 Miscellaneous Manufacturing (except 396)
421 Bus Transportation
422 Motor Freight Transportation
429 Motor Vehicle Transportation, NEC
4318 Airline Co. Office (not at terminal)
4602 Commercial Parking Lots & Garages
471 Telephone Communications (except 4712)
472 Telegraph Communications
473 Radio Communications (except 4732)
474 Television Communications (except 4742)
475 Radio & TV Communications (combined)
476 Recording & Sound Studios
479 Other Communications, NEC
4811 Electric Transmission Right-of-Way
4815 Electric Utility Company Office
4819 Other Electric Utility, NEC
4825 Gas Company Office
4831 Water Pipeline Right-of-Way
4832 Water Treatment Plants
4836 Water Pressure Control Stations
4837 Water Utilities Company Office
4841 Sewerage Pipeline Right-of-Way
4844 Sewerage Pressure Control Stations
4846 Sewerage Company Office
4861 Combination Utilities Storage
4862 Gas & Electric Utilities Office
4863 Water & Electric Utility Company Office
492 Transportation Services & Arrangements
511 Motor Vehicle & Auto Equipment
513 Dry Goods & Apparel
514 Groceries & Related Products
515 Farm Products (except 5156, 5157)
516 Electrical Goods
517 Hardware, Plumbing, Heating Equipment & Supplies
518 Machinery, Equipment & Supply
519 Miscellaneous Wholesale Trade (except 5191, 5192 & 5193)
52 Building Materials
541 Grocery Stores
542 Meats & Fishes
543 Fruits & Vegetables
544 Candies, Nuts & Confectionery
545 Dairy Products
546 Bakeries
549 Other Retail Food, NEC
551 Motor Vehicles (excluding 5512 & 5515; also excluding used only)
552 Tires, Batteries & Accessories (sales only)
559 Retail Trade
56 Apparel & Accessories
57 Furniture (home), Furniture & Equipment
5733 Toys, Amusements, sporting and athletic goods
581 Eating Places
5813 Drive-in Restaurants; Fast Food Restaurants
591 Drugs & Proprietary
592 Liquor Package
5931 Antiques Sale
5937 Stamp & Coin Collectors, Supplies, etc.
5943 Books, Stationary, Art & Hobby Supplies
595 Sporting Goods, Bicycles & Toys
596 Farm & Garden Supplies
597 Jewelry Sales
599 Miscellaneous Retail & Trade (except Adult Bookstores)
61 Finance, Insurance & Real Estate Functions
621 Laundries, Dry Cleaning & Dyeing
622 Photographic Services
623 Beauty & Barber Services
6241 Funeral Parlor/Mortuary
625 Apparel Repair, Alterations & Cleaning Pick-up Services; Shoe Repair Services
6291 Clothing Rental
6292 Costume Rental
6293 Porter Services
63 Business Services (except 6372)
6398 Motion picture production (including TV)
641 Auto Repair & Related Services
642 Electric Appliance Repair & Service
649 Repair Shops & Related Services, NEC
651 Medical & Other Health Services
6512 Dental Offices & Services
652 Legal Services
653 Engineering, Architectural & Planning Services
654 Research Services
655 Data Processing Services
659 Professional Services, NEC
661 General Contract Construction
662 General Construction Trade
663 Specialized Construction, Trade Services, NEC
67 Governmental Services--All Levels
68 Educational Services
693 Business Professional & Labor Organizations & Services
6991 Ticket Sales Office
721 Entertainment Assembly
7221/7222 Stadium & Arenas
7223 Racetracks, Animal
723 Miscellaneous Public Assembly
7392 Miniature Golf
7393 Golf Driving Ranges
7411/7412 Golf Courses
7413 Tennis Courts/Private
7415 Roller Skating
7416 Riding Academy Schools & Stables
7417 Bowling Alleys
7425 Gyms, Athletic Clubs, Etc.
8221 Veterinarian Services
8222 Animal Hospitals
8224 Animal Kennels
84 Fishing Activities & Related Services

Permitted Conditional Uses in the COI Zone

The following uses are the Conditional Uses for the Commercial/ Office/Industrial Zone:

Home Businesses
Home Occupations
Home Professional Offices
312 Rubber Footwear
3417 Guided Missiles & Space Vehicles
4603 Long-Term Storage; Auto, Boats, Trailers, Etc.
4712 Telephone Relay Towers
4732 Radio Transmitting Stations & Towers
4742 Television Transmitting Stations & Towers
4791 Satellite Antennas (Dish Type for receiving only)
4812 Electric Generation Plants
4814 Electricity Regulating Substations
4821 Gas Pipeline Right-of-Way
4824 Gas Pressure Control Stations
4833 Water Storage as part of Utility System (open reservoirs)
4834 Water Storage as part of Utility System (covered, including stand pipes)
4835 Irrigation Channels
4864 Combination Utilities Right-of-Way
491 Pipeline Right-of-Way & Pressure Control Station, NEC
512 Drugs, Chemical & Allied Products
553 Gasoline Service Stations (including Marine Stations)
582 Drinking Places (Alcoholic Beverages)
6296 Massage Parlors, Steam & Sauna Baths
71 Cultural Activities & Nature Exhibitions
7451 Archery
7452 Pistol & Rifle Range

Permitted Accessory Uses in the COI Zone

The following uses are the Accessory uses for the Commercial/Office/Industrial Zone:

211 Meat Products
4391/4392 Heliport (with & without Maintenance Facilities) Essential Utilities for all Permitted Uses
499 Other Transportation Communication & Utilities, NEC Temporary Construction Trailers
7421 Plan Lots & Tot Lots (separate)
7422 Playgrounds
7423 Playfields & Athletic Fields
7429 Other Playgrounds & Athletic Areas Swimming Pools/private Roadside Farm Markets, Barn and other Farm Out Buildings
814 Livestock
816 Animal Specialties
817 Residential Agriculture

Appendix D – Schedule of Development Intensity Limitations

Appendix D is hereby amended to set forth intensity limitations in the COI Zone District as follows:

Maximum dwellings per gross acre: 0
Minimum lot area: 3 acres
Maximum floor area ratio: 0.20
Minimum landscape area ratio: 0.40

Appendix E – Schedule of area, height and yard requirements

Appendix E is hereby amended to set forth area, height, and yard requirements in the COI zone district as follows:

Minimum lot width: 150 feet
Minimum front yard: 50 feet
Minimum side yard: 25 feet
Total two side yards: 50 feet
Minimum rear yard: 50 feet
Minimum accessory side yard: 25 feet
Minimum accessory rear yard: 25 feet
Maximum building height: 4 stories, 45 feet
Maximum accessory building height: 4 stories, 45 feet

SECTION 2: The following definitions shall be amended and added to Article 2-2 – Definitions & Abbreviations of the Old Bridge Township Land Development Ordinance as follows:

Dance Hall, Dance Club, or Disco – An establishment wherein the primary attraction is dancing to either live or recorded music.

Nightclub – An establishment wherein live entertainment is the primary attraction, and which operates primarily at night, caters to adult patrons, offers food and/or drink, and wherein an area for dancing may also be provided. For purposes of this ordinance, comedy clubs shall be considered night clubs.

Restaurant

Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, play field or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a restaurant. Similarly, a small eating area within or associated with a larger use such as a department store, bowling alley, commercial recreation facility, nightclub, dance hall, bus, train or other mass-transit station, shall not be deemed to be a restaurant.

(bold – shows proposed addition)

Tavern or Bar

An establishment where the serving of liquor by the drink to the general public is the principal use and the serving of food or the sale of packaged liquors, if any, are accessory to the principal use. All such establishments shall conform to all Alcoholic Beverage Control regulations of the State of New Jersey and the Township of Old Bridge.

SECTION 3: The following ordinance sections shall be amended and added to Article X – DESIGN STANDARDS of the Old Bridge Township Land Development Ordinance as follows:

Appendix F – Schedule of Required Parking Spaces is hereby amended as follows:

USE OR OCCUPANCY CATEGORY PARKING SPACES REQUIRED

RECREATIONAL

Restaurant (without bar) 1 per 3 seats, or 1 per 50 sf GFA, whichever is greater

Restaurant (with bar) 1 per 3 seats in restaurant area plus 1 per 2 seats in bar area, or 1 per 50 sf GFA, whichever is greater

Dance hall, Dance Club, or Disco 1 per 50sfGFA, or 1 per 2 patrons @ maximum occupancy plus 2 per 3 employees on maximum shift, whichever is greater

Nightclub 1 per 50 sf GFA, or 1 per 2 patrons @ maximum occupancy plus 2 per 3 employees on maximum shift, whichever is greater

Tavern or Bar 1 per 2 seats, or 1 per 50 sf GFA, whichever is greater.

SECTION 4: The following section shall be amended and added to Article VII – Zoning of the Old Bridge Township Land Development Ordinance as follows:

Article 7-3 D Application of Yard Regulations

The following provision is hereby established:

Article 7-3 D.6 Above ground and below ground pools on single family residential lots are specifically permitted to encroach into the minimum required rear yard or side yard accessory structure setback area, provided that a minimum distance of six (6) feet is provided between the pool wall and the affected property line.

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 of the ordinance shall be deemed valid and effective.

SECTION 7: Effective Date

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

MOTION

to deny made by Councilman Calogera, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

Prior to the roll call vote President Baker opened a public portion. Seeing no hand President Baker closed the public portion.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE NO. 03-2005

BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS IRRIGATION AND DRAINAGE RECREATION IMPROVEMENTS IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $120,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $114,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $120,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $114,000; and

(c) a down payment in the amount of $6,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.

Section 3. The sum of $120,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $6,000, which amount represents the required down payment are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $114,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $114,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $24,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Purpose/Improvement Estimated Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Irrigation and Drainage Improvements at Pension Road Park Cricket Field, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto $60,000 $3,000 $57,000 15 years

B. Irrigation and Drainage Improvements at Ticetown Soccer Field, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto 60,000 3,000 57,000 15 years

Section 8. Grants received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance the costs of the purposes described in Section 7 above.

Section 9. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 15.00 years.

Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $114,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 12. The applicable Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of any such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

NAYS: None.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 04-2005

AN ORDINANCE AMENDING SECTION 10-3.9 PARKING BY PERMIT ONLY IN DESIGNATED RESIDENTIAL AREAS

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 provide parking by Permit only in certain residential areas designated herein after, by supplementing Schedule XIII.

SECTION 2: ORDINANCE

Permit Parking in Designated Residential Areas Chapter X of the Code of the Township of Old Bridge is hereby amended by supplementing Schedule XIII (incorporated by reference in Section 10-3.9) with the following:

NAME OF STREET SIDE LOCATION

Oak Street Both Valley Vale Drive to Trans Old Bridge Rd.

Nathan Drive Both Oakland Road to Thrush Court

Cardinal Court Both Entire Length

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 4. 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 to the Township 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 N.J.S.A. 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 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 Township Council and approval by the Mayor, where such approval is required, unless the Township Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council vote in favor of such resolution.

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

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

NAYS: None.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 05-2005

ORDINANCE VACATING PORTION OF HIGGINS ROAD

WHEREAS, the Township Engineer has evaluated a request for the vacation of an unimproved portion of Higgins Road; and

WHEREAS, this portion of Higgins Road, which is depicted on the Tax Map of the Township of Old Bridge, is no longer needed for public use as a public roadway.

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 an unimproved portion of the Higgins Road right of way which is no longer needed for public use by the Township of Old Bridge.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of Higgins Road as depicted on the Tax Map of the Township of Old Bridge and more fully described in the document entitled Exhibit A on file in the Office of the Township Clerk . The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress and egress relating thereto.

The consequence of this vacation shall be that title to the parcel described in Exhibit A shall transfer to the property owners along that portion of the roadway to be vacated. The use of this additional land shall be limited to accessory uses appurtenant to the existing primary use of the property and shall not be credited for additional density in the event of a future subdivision.

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

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 NJSA40A: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 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 members of the council vote in favor of such resolution.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

Consent Agenda.

President Baker opened a public portion. Seeing no hand President Baker closed the public portion.

RESOLUTION NO. 64

BINGO/RAFFLE

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

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk is hereby authorized and directed to issue to the applicant the following licenses:

RA33-05 - Court Queenship of Mary No. 1743
RA34-05 - Court Queenship of Mary No. 1743
RA35-05 - Schirra School PTA
RA36-05 - Schirra School PTA
RA37-05 - Most Holy Redeemer Church

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 65

AUTHORIZING THE MAYOR AND THE TOWNSHIP CLERK TO ENTER INTO AN INTERLOCAL SERVICE CONTRACT WITH MIDDLESEX COUNTY DEPARTMENT OF HEALTH REGARDING HEALTH SERVICES

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

WHEREAS, the Township of Old Bridge wishes to enter into an agreement with Middlesex County for Municipal Health Services; and

WHEREAS, the County has created the Middlesex County Department of Public Health, pursuant to N.J.S.A. 26:3A2-1 et seq. to provide an array of public health services; and

WHEREAS, the Municipality is desirous of contracting with the County for furnishing by the County to the Municipality health services of a technical and professional nature from July 1, 2005 through June 30, 2006.

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 hare hereby authorized to execute the agreement to effectuate the Township's participation entering into this agreement with the Middlesex County Department of Public Health for Municipal Health Services of a technical and professional nature from July 1, 2005 through June 30, 2006.

2. The township attorney shall review any and all documents prepared in furtherance of the agreement with the County for Municipal Health Services.

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 66

GRANTING PERMISSION TO OLD BRIDGE RACEWAY PARK FOR A MASS ASSEMBLY IN RE VANS WARP TOUR, AUGUST 14, 2005

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

WHEREAS, Old Bridge Raceway Park has requested to hold a Mass Assembly for Vans Warp Tour to be held Sunday, August 14, 2005 from 12:00 p.m. to 8:00 p.m.; and

WHEREAS, the Township Council has reviewed the application and has determined to grant permission to Old Bridge Raceway Park to hold the above mentioned event.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to Old Bridge Raceway Park to hold a mass assembly for the Vans Warp Tour on Sunday, August 14, 2005 contingent upon the issuance of insurance.

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 67

AUTHORIZING WAIVER OF FEES AND REIMBURSEMENT TO BIRCHWOOD AT OLD BRIDGE

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

WHEREAS, Birchwood at Old Bridge Senior Apartments has requested that the fees to the Code Enforcement Department in the amount of $540.00 for the inspection of apartment Nos. 125, 232, 302, 306, 310, 316, 317, 331 and 333 be waived; and

WHEREAS, Birchwood at Old Bridge located at 100 Mimi Road is seeking reimbursement for the inspection fees which have already been paid.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the inspection fee of $540.00 be waived and reimbursed to Birchwood at Old Bridge.

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

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 68

ACCEPTING THE RESIGNATION OF TARA FLYNN-ROZANSKI FROM THE RECREATION ADISORY BOARD

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

WHEREAS, Tara Flynn-Rozanski has served as a member of the Township of Old Bridge Recreation Advisory Board; and

WHEREAS, Tara Flynn-Rozanski wishes to resign as a member of the Township of Old Bridge Recreation Advisory Board.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the resignation of Tara Flynn-Rozanski as a member of the Old Bridge Township Recreation Advisory Board is hereby accepted.

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 69

AUTHORIZING THE REJECTION OF ALL BIDS WITH REGARD TO CONTRACT NO. 2004-27 FOR LOW FLOOR 23 PASSENGER PARATRANSIT PASSENGER BUS FOR PARKS, RECREATION AND SOCIAL SERVICES FOR 2004-2005

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

WHEREAS, the Township of Old Bridge solicited all bids in connection with Contract No. 2004-27 for Low Floor 23 Passenger Paratransit Passenger Bus for Parks, Recreation and Social Services for 2004-2005; and

WHEREAS, all bids substantially exceeded the cost estimate of the Township of Old Bridge; and

WHEREAS, the Township Council wishes to reject all bids received for Low Floor 23 Passenger Paratransit Passenger Bus for Parks, Recreation and Social Services for 2004-2005.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bids received with respect to Low Floor 23 Passenger Paratransit Passenger Bus for Parks, Recreation and Social Services for 2004-2005 are hereby rejected.

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 70

AUTHORIZING REJECTION OF ALL BIDS REGARDING CONTRACT NO. 2005-08 FOR FIRE ALARM AND SECURITY FOR 2005-2006

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

WHEREAS, the Township of Old Bridge solicited all bids in connection with Contract No. 2005-08 for fire alarm and security for 2005-2006; and

WHEREAS, the Township of Old Bridge wishes to readvertise the bids with substantial revisions to the specification for the fire alarm and security (N.J.S.A. 40A:11-13.2); and

WHEREAS, the Township Council wishes to reject all bids received for fire alarm and security for 2005-2006.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bids received with respect to fire alarm and security for 2005-2006 are hereby rejected.

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 71

AUTHORIZING A PUBLIC AUCTION FOR SURPLUS PROPERTY FEBRUARY

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

WHEREAS, the Township Council of the Township of Old Bridge has determined that the personal property list on file with the Township Clerk is not needed for any public use; and

WHEREAS, the estimated value of the said personal property exceeds the sum of $2,500.00; and

WHEREAS, it is in the best interest of the township to sell the said property at public auction.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the notice of date, time and place of the public sale, together with a description of the items to be sold and conditions of sale shall be published in the official newspaper of the Township of Old Bridge; such sale shall be held not less than seven (7), nor more than fourteen (14) days after the publication date of the notice of sale; and

BE IT FURTHER RESOLVED that the sale of the said personal property shall be upon the condition that all such property shall be sold in an “as is” condition and the township shall not give any warranty as to quality or condition of the property; and

BE IT FURTHER RESOLVED that the Township of Old Bridge does hereby reserve the right to reject any and all bids.

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 72

AUTHORIZING EXTENSION OF DEADLINE FOR HABITAT FOR HUMANITY (22 NAPLES AVENUE)

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

WHEREAS, in a prior resolution, the Township of Old Bridge sold property known as 22 Naples Avenue and 17 Biondi Street to Habitat for Humanity; and

WHEREAS, Habitat for Humanity was given two (2) years from the date of the deed restriction, October 2000, to renovate and restore the properties; and

WHEREAS, investigation and inspection of the properties by Habitat for Humanity have revealed certain problems; and

WHEREAS, Habitat for Humanity has requested an extension of the deadline to renovate and/or restore the properties.

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 current obligation of Habitat for Humanity to build on the property by October 2002 be extended.

2. Habitat for Humanity shall secure a building permit permitting it to construct a single family dwelling upon the land conveyed on or before December 31, 2005.

3. Habitat for Humanity shall demolish the existing residence within twenty-four (24) months of the adoption of this resolution.

4. Habitat for Humanity shall diligently pursue OBMUA approval for connection of an existing sewer line and shall render reports every six (6) months on its activities in this connection. Habitat for Humanity shall have no such obligation of diligence until the Genoa sewer extension is run by the OBMUA.

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

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

NAYS: None.

ABSENT PODIUM : Councilman Calogera.

RESOLUTION NO. 73

AWARDING CONTRACT NO. 2005-07 TO FERRO AND SONS ELECTRIC FOR ELECTRICAL SERVICES

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 2005-07 for general contractor, electrical services, plumbing and HVAC services; and

WHEREAS, the Township of Old Bridge has advertised bids for general contractor, electrical services, plumbing and HVAC services on December 23, 2004; and

WHEREAS, bids were received and opened on January 13, 2005; and

WHEREAS, the Township of Old Bridge wishes to award this contract for the period beginning February 8, 2005 and ending December 31, 2005; and

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

1. Ferro and Sons Electric located at 20 Sonoma Court, Old Bridge, NJ 08857 is hereby awarded a contract for provision of electrical services at a rate of $75.00 per hour.

2. The RFB 2005-07 is a part of this resolution and on file with the Township Clerk.

This resolution is conditioned upon the following:

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

B. No work shall be performed by any vendor without a signed P.O. for the project on hand indicating approval and certification of funds by the Chief Financial Officer.

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

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

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

NAYS: Councilman Maher.

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

Councilman Greene: I am not familiar with this; the documentation I received gave me no indication as to what electrical services were being performed or whether it was for a specific project or general services. I need more information before I can vote.

Mr. Jacobs: There are a number of services that the township uses for building maintenance. Instead of getting quotes each time we need service, we decided to go out for a public bid.

Councilman Greene: Is this something that hasn't been done in the past?

Mr. Jacobs: To my knowledge, this has not been done in the past. Each time we need to do a project, we have to get quotes. If these are done on an annual basis, we have emergencies covered.

Councilman Greene: Please you give me a description of what the responsibilities are for the succeeding consent agenda items (award of bid to Binsky and Snyder for plumbing and HVAC services and award of bid to Magic Touch Construction for general contractor services).

Mr. Jacobs: If we have a pipe burst or an electrical outage, we can call these contractors instead of declaring an emergency and following the state bid laws.

Councilman Greene: Instead of taking bids for an individual project or incident, you want to have someone available at a certain rate to be able to be "on call" to respond to an emergency or just an improvement on consent agenda items numbers 6, (electrical services - Ferro & Sons), 7 (plumbing/HVAC - Binsky and Snyder) and 8 (general contractor services - Magic Touch)?

Mr. Jacobs: Yes.

Councilman Greene: Do you have a sense as to what this may cost us? I think a cost analysis should have been done.

Mr. Jacobs: We could probably generate a history from our records. These services are not to renovate a building. These fees will come out of the building and maintenance fund, not capital.

Councilman Greene: Because I am not familiar with this, I am using this opportunity to determine what this is all about.

Mr. Jacobs: In the past you probably did not know that we were doing the work. We received quotes for work to be done under the bid threshold. This eliminates much staff labor.

Councilman Greene: Do you feel that this better expedites the process as opposed to looking at this from a financial point of view, or both?

Mr. Jacobs: I hope that this saves money.

Councilman Greene: There is one way of expediting a job, and another to save money. I am merely asking a question. You weighed what direction you wanted to take. Everything you have said indicates that this makes it easier, but before I vote on this, I want you to tell me that we can save money. We have a financial problem which should be a concern.

Mr. Jacobs: This will save staff labor and time, and those resources can be used elsewhere. We offered a lot of people to participate in this process. This was the best way to get the best prices.

Councilman Greene: Was the response positive?

Mr. Jacobs: It was not tremendous - perhaps two or three. There is not a lot of lucrative work.

Councilwoman Panos: Is there a cap on this?

Mr. Jacobs: We cannot overspend a line item on the budget.

Councilwoman Panos: With respect to the electrician's fee, if three service people arrive, are they each going to get $75.00 per hour?

Mr. Jacobs: The labor fee is $75.00 per hour.

Councilman Gillespie: In the past the way that these jobs would be handled is that the administration would go, the job would be under the bid limit, and we on this council, would never see it. The fact that we have gone out to an overall bid is a positive one. I can remember a situation with a certain business administrator, and I won't name any names, where we had electrical work done. Our own electrical inspection said that it did not meet the code. I presume that for all these plumbers and electricians hold valid licenses to do this work. If we have someone here doing plumbing or electrical work on a routine basis, perhaps that will save us by having more preventative maintenance, and we will get the work done on a more timely fashion. That saves money. For those reasons and particularly because we are going to see and vote on these contracts, I am for this.

Councilman Greene: I would like to have the contracts be more specific as to what they are for and where.

Mr. Jacobs: These are contracts for general maintenance and to make this a more open and public process for selecting the best quotes and to reduce staff time.

Councilman Calogera: Is there a cap on these?

Mr. Jacobs: The budget is the cap. We are not issuing them a contract. If we have two hours work, we are going to call them in for two hours work. If we get to the end of the budget and have to make an amendment, we have to come to the council. We cannot exceed the budget. This is no different from what we have done for years other than the fact that we have made this an open public bid, as opposed to calling different people. Hopefully, there will be continuity with having the same electrician doing all our work for one year so we won't have to keep training electricians.

Councilman Calogera: I have a problem with awarding a bid to a business whose address is a post office box. Is there a physical structure?

Mr. Jacobs: I don't have that information in front of me. These were thick bid specs of which we can give you a copy.

Councilman Calogera: I want to be sure that we have long-established companies. Do they have an address where they work from or a building where they store their equipment and vehicles or do they work out of their home and have a post office box?

Councilman Testino: I compliment the administration because they are required to review annually what we have spent previously to determine if it needs to be bid out. This is going to save us time; whether this saves money will be seen by history. If not, we will revisit this. Are we going to get as reliable service? If not, that is part of the public bidding law problems that we have with any other contract. We are going to have to exclude those people who do not give us good service. I will ask the administration to look at any other areas that are supposed to be bid. I know that Mr. Shah has looked to purchase supplies on an annual contract. The next step is to keep looking at the budget as an annual cumulative going over the bid amounts to see if they need to be bid out. As Mike has said, it is required to be bid. We have to have the open competition. If you review the bill list, you would have seen these things in the past. I think this is a natural progression when there are maintenance problems.

Councilman Volkert: This would have eliminated the heating problem at the annex building in Laurence Harbor. We had to wait for an emergency situation to be declared and had to get quotes after that.

Mr. Jacobs: We would have had contracts in right away.

RESOLUTION NO. 75

AWARDING CONTRACT NO. 2005-07 TO MAGIC TOUCH CONSTRUCTION CO., INC. FOR GENERAL CONTRACTOR SERVICES

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 2005-07 for general contractor, electrical services, plumbing and HVAC services; and

WHEREAS, the Township of Old Bridge has advertised bids for general contractor, electrical services, plumbing and HVAC services on December 23, 2004; and

WHEREAS, the Township of Old Bridge wishes to award this contract for the period beginning February 8, 2005 and ending December 31, 2005.

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. Magic Touch Construction Co., Inc. located at 59 West Front Street, Keyport, NJ 07735 is hereby awarded a contract for provision of general contractor services at a rate of $87.20 per hour.

2. The RFB 2005-07 is a part of this resolution and is on file with the Township Clerk.

This resolution is conditioned upon the following:

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

B. No work shall be performed by any vendor without a signed PO. for the project on hand indicating approval and certification of funds by the Chief Financial Officer.

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

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

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

NAYS: Councilman Maher.

RESOLUTION NO. 76

AWARDING CONTRACT NO. 2005-04 TO K.J. LANDSCAPING MANAGEMENT INC. FOR PROPERTY MOWING AND MAINTENANCE SERVICES

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract No. 205-04 for property mowing and maintenance services; and

WHEREAS, bids were received and opened on January 19, 2005; and

WHEREAS, the Township Council wishes to award the contract for property mowing and maintenance to K.J. Landscape Management Inc. located at PO Box 882 Green Brook , NJ 08812.

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. K.J. Landscape Management Inc., is hereby awarded a contract for property mowing and maintenance service listed in Bid Proposal 2005-04 and is on file with the Township Clerk. Municipal complex items having been excluded with a total amount not to exceed $29,796.

2. K.J. Landscape Management Inc. will provide the Township of Old Bridge with services specified in the bid.

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1306 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

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

NAYS: Councilmen Calogera, Maher, Councilwoman Panos.

ABSENT PODIUM: Councilman Testino.

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

Councilman Greene: I am trying to familiarize myself so that I can respond to questions from residents as well as understand what I am voting for. Mike Jacobs has always helped me out on questions, so I pass this to him.

Mr. Jacobs: We have a number of drainage ditches used as retention basins which the township has taken over the maintenance responsibility. These areas need to be mowed on a regular basis. We included the mowing of this complex within the bid, but the cost was too high. This is only areas we have to maintain including a couple of islands and miscellaneous properties for which we have responsibility.

Councilman Greene: Acceptance of detention basins involves more work. We did discuss a while ago the possibility of increasing the share that the developer would have to pay, and I hope that this is still in the process despite the slow down of the engineering department because I think it is important that the township does have to pay for the maintenance. We get enough money up front from the developers to maintain them.

Mr. Jacobs: Several months ago the engineering department gave us sample ordinances and, hopefully, there will be a new ordinance in the next meeting or two to increase the amount of that money.

Councilman Greene: You will have my support.

Councilwoman Panos: I understand the need for drainage ditch (maintenance), but you mentioned an island.

Mr. Jacobs: We have several small islands that need grass cutting, and rather than send a crew out, we included these as well.

Councilwoman Panos: This is mainly because of the new roads that we took over. Will any of the old roads that we have problems with be addressed?

Mr. Jacobs: These are areas that we have been maintaining for quite some time, and hopefully, this is a beneficial way to handle these part-time problems.

Councilwoman Panos: How many months of the year does this get done?

Mr. Jacobs: I believe thirty-six weeks was what we put in the specs, but we are only going to pay when the work is performed; we are not paying a flat fee. The amount reflected on the agenda assumes the maximum.

Councilman Maher: Was this work formerly done by our public works department?

Mr. Jacobs: There are those who would say that this work was not done often enough, but yes, the work was done by public works or the road department.

Councilman Maher: Is there a cost savings in doing this? Is the $30,000 above and beyond what we are holding in the maintenance bonds?

Mr. Jacobs: A certain amount of the funding is not included in the bonds. There are no bond in some cases, but we believe there is a cost savings because we did not add an additional employee with benefits. We are doing this with our current staff levels.

Councilman Maher: This will enable pub