A Combined Meeting of the Township Council of the Township of Old Bridge was held on February 26, 2001 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler Cucchiara, Greene, Hoff, Redmond, Sohor, Councilwoman Marinaccio, President Maher. Councilman Testino arrived at 8:10 p.m.

No. 101 Bill List

RESOLUTION

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 26, 2001 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 26, 2001 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 $15,828,415.99 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilman Testino.

No. 102 Bill List.

RESOLUTION

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 26, 2001 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 26, 2001 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 $665,852.70 (Payroll).

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

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

NAYS: None.

ABSENT: Councilman Testino.

No. 103 Bill List

RESOLUTION

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 26, 2001 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 26, 2001 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 $29,697.71 (Overtime).

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

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

NAYS: Councilmen Greene, Hoff.

ABSENT: Councilman Testino.

Report of the Attorney:

Attorney Ruggierio: We are consumed with the same matters as last time.

Councilman Hoff: Has any progress been made on the Cheesequake Dam?

Attorney Ruggierio: Our engineering department is working on the easements. We have written to the association's attorney to be sure they are in favor of the proposed action.

Councilman Cucchiara: Where are we with Soden Lane and the takeover of the road?

Mr. Condon: I am waiting for a report. There may be some problems with the takeover of the road. I am waiting for a phone call.

Councilman Cucchiara: With respect to the Jacobs property, I believe this should go before the open space committee. This was not supposed to be an ordinance until the open space committee made their recommendation.

Attorney Ruggierio: I believe that would be a good course of action.

Ordinance for First Reading.

2. Ordinance to purchase the Jacobs Property.

Motion

to remove this ordinance from the meeting and send it to the Open Space Committee for their review.

Moved by Councilman Hoff, seconded by Councilman Redmond. No vote taken.

Discussion.

Councilman Greene: In recent weeks we have become aware of property for sale. I would appreciate administration and the open space committee giving us a list of properties that may be available for purchase as open space. I would like an overview of where they are going with respect to open space. Let them come before the council to identify what is prime for open space.

Councilman Redmond: Doesn't the Mayor's office keep a wish list of open space parcels? There are some which are in negotiations.

Mr. Badcock: It is a good idea for a list to be compiled.

Councilman Sohor: The next meeting of the open space in March will be an open public one. The open space committee has already begun to prioritize their wish list.

President Maher: Tom, please see that the administration coordinates that list.

Mr. Badcock: I shall review that with the Mayor.

Motion

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

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

NAYS: None.

ABSENT: Councilman Testino

Preliminary Public Comments.

Anita Clavering: Congratulations to Mike Gordon on his success in the Special Olympics in Alaska. The Monday Morning Advocacy group will be meeting with officials from Old Bridge, Sayreville and South Amboy to discuss handicap accessibility.

Jack Masterson: Presents plaque to Tom Badcock on behalf of the Girls Soccer League which s celebrating its 25th year.

Mr. Masterson: With respect to the parking lot and restrooms at Higgins Road, the work has been stalled because the contractor was fired for non-performance. I believe that the contractor at the concession stand wants to take over the entire project. The conditions are unsafe. The contract was awarded, but no work has begun.

President Maher: I was not aware that the contractor had been fired.

Mr. Badcock: With respect to the restroom we ran into snafu with the OBMUA as to payments, but we met with the commissioners and have worked out payment schedule for prior and future payments. The restroom/building project was held up. We are having a preconstruction meeting next week. The MUA has worked out the details and we will be issued permits. Completion is expected in June.

President Maher: I suggest that a representative of the girls soccer league be at the meeting. The recreation department and league should be working together.

Councilman Testino: I want the rest of the explanation.

Attorney Ruggierio: There was a dispute with the parking lot contractor We have had several meetings to develop an understanding of how we could approach this. I met today with Bob Heims, and we have a proposal of how we can restart. The contractor has made a proposal for an additional amount of money. We have concerns, and we will have more details soon. We will have this worked out before the weather breaks. The contractor laid curbing that bordered the parking lot, and the dispute was over the correct elevations. Was the contractor wrong to stop working because of a small amount of excavation? This is a minor dispute in terms of dollars, but we are going in the right direction. Residents will not be paying tax dollars for this. The contractors did not go off the job; he terminated his work. There was a dispute about a requested change order.

Councilman Testino: Did we send him a letter about liquidated damages?

Attorney Ruggierio: This is not the type of thing we want to speak about in public.

Councilman Testino: I want this back on for two weeks.

President Maher: I want this on for an Executive Session next Monday night. Bill anticipates that the issues will be resolved in a few weeks. We need a status report. I have seen the curbing, but was not aware there were any problems with that area.

Attorney Ruggierio: Contractual disputes occur all the time. For us the idea of having a dispute is routine, I don't believe that this will be substantially delayed. I think that to suggest that there is something terrible happening is not accurate.

President Maher: Do the representatives of the league know what is happening?

Councilman Testino: I want this on the agenda.

Ms. Panos: Stop signs are needed at the dangerous intersections along Rt. 18 (Birch, Mimi and Jon Streets) and a traffic light is needed at Maple and Rt. 18.

Councilman Cucchiara: This area is before the state, and we are waiting for approval.

Seeing no further hands President Maher closed this portion.

Guest.

Dan Gerrity, Chief of the Laurence Harbor Fire Co : I represent the Classic Knights Car Club. We have a car show sponsoring the DARE program Saturday nights at Denny's Restaurant. I have a check for $400 which I would like to donate to the DARE program. The car shows will start on March 31.

Gene Farrell: The audit was completed in September. Council concerns are the opinion of the auditor, management letter of comments, management comments and controls and compliance issues. A Corrective Action plan was presented by the Chief Financial Officer. The financial position of the township is good with respect to the surplus. In year 2000 you replenished $6 million which is related to the amount of development which resulted in

an additional $1 million in your coffers. You have a high level of assurance by us. Management letter of comments are benign with no material weaknesses or reportable conditions. Mr. Shah has mentioned housekeeping issues in his corrective action plan.

Councilman Butler: Did you say that we have a $6 million surplus?

Mr. Farrell: During FY 2000 we anticipated $7 million; we replenished $6.2 million. This indicates vitality of the economic base of the community. A growing community will impact the infrastructure. GAAP is changing and will have an impact. My recommendation is that money should be set aside for training and your computers must be updated.

Councilman Butler: What were previous surpluses? Can we project surplus before the next budget?

Mr. Farrell: One thing the township needs is a business approach or a business plan. We are a developing community, and ratables would help. The Board of Education is planning to have a referendum. These should be put together in a projection plan We are experiencing a property tax crisis in New Jersey.

Councilman Butler: Are your recommending a business plan?

Mr. Farrell: My firm has an Impressive client which is the County of Atlantic. Your management is related to the governing body which changes and can change the dynamics of the township. Prudent is a five-year plan which is a management tool and addresses issues as you see fit.

President Maher: Have you seen the state's audit?

Mr. Farrell: I would be happy to review that and bring my comments to you within next two meetings.

No. 104 Certification of Audit

RESOLUTION

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

WHEREAS, NJSA 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, the Annual Report of Audit for the year 2000 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of NJSA 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs as per R.S. 52:27BB-34; and

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

General Comments

Recommendations

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the Annual Audit entitled:

General Comments

Recommendations

as evidenced by the group affidavit form of the governing body; and

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the promulgation's of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of RS 52:27BB-52 to wit:

RS 52:27BB-52 "A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not ore than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office."

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

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

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

NAYS: None.

Prior to roll call vote the following discussion took place.

Councilman Testino: The comments of the auditor are housekeeping, and I support the resolution and thank the auditor. There is no greater review than an unqualified opinion that there are no material weaknesses. We should be proud that we can maintain this year after year. Good news.

Hearing.

1. Bridgepointe - Release/Reduction Performance Guarantee.

President Maher: Is your memo dated February 20 the latest?

Mr. Iglesias: Yes. This site has quite a history. It has been hard to get to this point because of problems with punch list and water fountains.

President Maher: I have been informed that the applicant was short by one day advertising in the newspaper.

Attorney Ruggierio: Council can waive this requirement, and I recommend that you do so. We have a formal written agreement. The Homeowners have been advised every step of the way. It would be inappropriate not to waive this requirement.

Motion

to waive the twenty day advertising requirement for the public notice of the release/reduction of the performance bond for Bridgepointe made by Councilman Hoff, seconded by Councilman Butler and so ordered on the following roll call:

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

NAYS: None.

ABSENT: Councilman Testino.

Hearing (cont'd).

Mr. Breitman: Although my client attempted to put the advertisement in the newspaper by fax, it was lost in transmission. When we realized, we called the paper and advertised the notice for two days, not the required one day. Notices sent by certified mail were done in a timely fashion.

Mr. Iglesias: There is an agreement between the township and developer. I am satisfied that punch list is complete. I was concerned about the paving of the roads and detention basin. However, everything has been settled. There is plenty of water for the fountain to function. I understand that the association accepted that Mr. Rondinelli would install the fountain this spring. I recommend release of the bonds so that we can proceed. Maintenance bonds have been posted for Sections 1, 2, 3a and 3c. The dollar amount is indicated at the top of the report.

Mr. Breitman: The work has been completed and the bonds have been posted. Based on recommendations of the township engineer, we ask that the bonds be released.

President Maher opened a public portion.

Ms. Ferrado (Resident): We have been in litigation with Mr. Rondinelli, and he has done what he was supposed to do. The detention basin maintenance is going to be taken over by the new builder.

Attorney Ruggierio: I have spoken to Karen Kennedy, attorney for the homeowners association, and they are satisfied.

Mr. Breitman: We have an agreement about the fountain.

Mr. McGowan: We will take this project to completion. We expect to close on the first part of the project at the end of this week. I spoke to Karen Kennedy today, and I believe she is satisfied that the aeration problem is settled.

Councilman Hoff: I applaud the engineering staff for their efforts in staying on top of this all this time.

Councilman Greene: This fountain was a major problem. I want to be sure that the new developer is going to maintain the detention basin and will install an aerator.

Mr. McGowan: I have sent a letter dated December 7 to Mr. Brodsky, president of homeowners association saying that we assume responsibility of installing aeration into the detention basin. The homeowners will have the responsibility of maintaining the basin once they accept it. The homeowners are pleased that they will be getting a recreational package.

Councilman Redmond: How many more units are planned?

Mr. McGowan: We have a general development approval for 400 units; 100 exist. In Phase 4 along Laurence Parkway, we have approval for 84 proposed units. There are amended plans for section 2 and 3 for 29 units in the back for a total 389 units.

Motion

to release the performance guarantee of Bridgepointe made by Councilman Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

Public Comments Limited to Items on the Consent Agenda.

Mrs. Grau (54 Brookside Avenue): I encourage the township to join in the lawsuit with respect to the Jacobs property. This was a part of the aquifer recharging area. This belongs to the Duhernal watershed, and we want to see it returned to where it belongs. If we are serious about protecting the watershed land, we need to send a message to the court that no one should buy this type of land.

Councilman Testino: The Mayor has to start that process.

Councilman Redmond: Is the zoning board attorney involved in the appeal process?

Ms. Grau: He is a part of the suit Jacobs vs. the Zoning Board of Adjustment.

Attorney Ruggierio: He does not represent the township; he represents the zoning board of adjustment.

Councilman Testino: We don't get involved in all these cases. Norman handles the township and the planning board. Convery handles the township and the zoning board.

Attorney Ruggierio: I believe there is not a good understanding of what is at issue. That is why the comment is constantly made that somehow the zoning board attorney would represent the township's interest. You, the township council, pass zoning ordinances, and if they are ignored by the zoning board, i.e., allowing a use against your ordinance. . . If the zoning board were to pass an application that was in violation of the zoning code, they have a right to do that assuming the evidence supports what they do. In this case, the applicant did not present an adequate case. It was taken to Judge Wolfson who made a mistake in not saying to the applicant at that point that "you have not proved your case". He should have thrown the case out. Instead, Judge Wolfson remanded the case back to the zoning board. Going back to the question that Mr. Redmond asked, you don't know what the zoning board is going to, but I believe they will do the right thing. Before it ever got to the point where the zoning board is dealing with this remand, it should have been thrown out by Judge Wolfson. That is the point that Ms. Grau is making in her appeal to the appellate division, and I believe you should so the same as a township council. As it presently stands, the zoning board is in support of that point of view. I don't know what the zoning board is going to do in terms of the disposition of the third remand. They are a quasi-judicial body, and they are going to make a judgment. There have been membership changes. I have no ability to predict what they may do with respect to this current application. I only know that with respect to the last applicant, Judge Wolfson was in error in not tossing this case out. The more he allows this to happen (being remanded to the zoning board)...He does this in an attempt to bring about a settlement. The appellate court should speak on this and say that this is a wrong way to do business. The zoning board is before the appellate division now, and I am sure they are saying they are considering this matter on remand. Ms. Grau's point and your point is that there should not be a remand.

Ms. Panos: You are letting a senior citizen take on the courts to protect your ordinance. You should join her appeal. This does not belong in the jurisdiction of the zoning board; they made their decision. We are paying the zoning board attorney for additional work. This is not a zoning board issue. The Judge sent this back; he is going against an ordinance. This is now a council issue.

Mr. Walczak: The owner paid $15,000 for one lot. They have something else in mind, and you should find out what.

Mr. Koehler: I support Ms. Grau's recommendation. I thought the zoning board attorney was representing the township in this matter. This is a direct attack on the township's ordinance. As a member of the planning board, I was a part of the group which recommended the land use ordinance which identified these properties as having environmental constraints which set forth uses which were benign uses of the land and would not adversely affect these environmental constraints. We have a situation in which an individual is making a direct attack on that aspect of planning. This could be used as an argument in a wetlands decision.

Mr. Pagnotta: When we went to the zoning board, they wanted to voted on this. We convinced the zoning board and the Mayor to visit. The got wet past their ankles. How many times do we have to go back and forth? We had to go to New Brunswick. Judge Wolfson would not let us speak. He already knew this was turned down twice. Why do we have to go there when it is okay here? That is not right. You have to do something about that. Let's say we win again. Are they going to bring this up in six months? Take a ride over to the land and see how flooded the land gets.

Mr. Dwyer: This property was purchased by an engineer for $15,000, and he turned down an offer for $33,000. He does not want to sell it to the open space committee for $33,000; he wants more. This property may cost $60,000 or $70,000. When the public learns that an engineer purchased swamp land for $15,000 and flipped it to the township as open space for $60,000, it threatens to undermine the open space process. It is a deal that will not pass the "smell test". As a lawyer I know that judges frequently try to avoid making decisions. It is a strategy courts use when they push off a decision, and no one can accuse them of being wrong. Nothing was decided. The township has an interest in saying to an appellate court that judges should not be allowed to do this all the time. We pay judges significant salaries to make decisions, and sometimes they have to do their job.

The township has a strong case on appeal. Our involvement in this case would be relatively minor. For the township to enter this case and file a brief would not be a large expense. I suggest you pass this motion to have the township attempt to join the suit at this point.

Mr. Wetstein: I was on the board every time this application came before us, and we shot it down for just cause. You think we should purchase this for open space.

Councilman Cucchiara: We never said that. I said pass it before the open space and let them take a look at this. They may feel it is not worth the time or the money. I said to Ms. Grau to take it away from open space altogether. That is out of the picture.

Mr. Wetstein: The zoning board continued this to their second meeting in March which will not give open space enough time to review this and get back to you.

Councilman Redmond: Both you and I sat on one of these issues. Kiran was there also. Does the zoning board have to appear on the appeal? Does the judge have to come back, and is Mr. Convery going to make an appearance?

Mr. Wetstein: I don't know if Mr. Desai should speak because this may go back to the zoning board.

Councilman Redmond: Ms. Grau is right, and I believe that this property should go back to Duhernal, and there should not be a house on it. The judge said that we should find something for them to build there.

Mr. Wetstein: Mr. Jacobs came before the zoning board, and he was denied the use variance to build a one-family house. The second time it was remanded back, the judge said that Mr. Jacobs has new testimony based on drainage improvements which were not even in the concept stage yet. We decided that this evidence was not valid for this application, and we denied this a second time. Judge Wolfson said that we could not use that as an issue; we could not use the wetlands as an issue. We had to say that here is a piece of property; this man has to put a house up; how big should it be? I have been opposed to this application from the beginning because a house does not belong there. We are faced with the issue of the multiple number of uses that can be put on this property. We went through the entire list of permitted uses for this property.

For ninety percent of the permitted uses, the gentleman cannot meet his bulk requirements. He does not have buffer or set back requirements. The board decided that the only thing that could be put here is a park. That is not what the applicant is looking for. The zoning board's decisions have been proper, and the council needs to get behind this. I agree with the residents of that area that a home should not be put there. We have to put this to an end; it is costing too much money.

Councilman Hoff: Since we need to defend the intentions or parameters of our land use laws, I say we join this lawsuit.

Attorney Ruggierio: I would take the position that Judge Wolfson's instructions for the zoning board to go through the 42 permitted uses on this property and evaluate whether they could be implemented is turning the idea of a zoning variance on its head. What happens in a zoning variance is that the applicant comes in and presents evidence. If the applicants presents evidence that out of 42 uses there would be a justifiable basis for allowing a zoning variance, you don't make that judgment yourself. I propose going to the appeals court and tell them that this is not the way a zoning variance is supposed to be handled on remand from the court, and we object to this. We think that the rules that the applicant presents evidence, and the board makes judgment on the evidence presented is the only way this should happen -- not the way Judge Wolfson did it. We would be defending the integrity of our zoning ordinance if we took this approach to the court.

Councilman Butler: I agree with what the residents are trying to do in not supporting a house on that property. This started with the zoning board quite some time ago. Why are we having the township attorney involved in a process where the zoning board attorney has been involved up to this point?

Councilman Cucchiara: This relates to the land use law.

Attorney Ruggierio: We don't know what the zoning board is going to do with the present remand, and Mr. Convery, as their attorney, is bound to support whatever the zoning board does. I have every hope that when we get to the appellate court that Mr. Convery and I are on the same side of the issue which means that the zoning board is on the same side as I am proposing, Mr. Convery as to defend the zoning board's position. I would like to represent the position that this should never have gone back to the zoning board for the type of remand that Judge Wolfson gave it.

Councilman Butler: You and Mr. Convery will be there together - he representing the zoning board; you representing the township.

Attorney Ruggierio: If we were to file briefs tomorrow, Mr. Convery or his predecessor, and Mr. Hyland would be on the same side of the issue as it stands now, but the zoning board is conducting hearings, and we don't know what they are going to do. The record may change with additional testimony, and the whole case would change.

Councilman Greene: This has been going on for a number of years, and it is unfortunate that the council members cannot be at all the meetings of all the boards. It is because of Ms. Grau's testimony that the council is going in this direction. When you first appeared before the council, I did not know if we wanted to purchase the land. I was frustrated because it was clear that this was an attempt by an individual to buy a cheap piece of property and turn it into a windfall. He went to the zoning board meeting and failed. At one meeting this matter was laid over when it was announced that there was to be a proposal before the council to purchase this property. I think this is outlandish, and I think this council should not be in a position of buying pieces of property like this especially when the owner has tried to make a windfall on property which is unbuildable.

Councilman Redmond: If we decide to join this, and at the next zoning board meeting, a house is approved, are we then taking on the zoning board?

Attorney Ruggierio: At that point you would have to look at the record made before the zoning board. The current record supports what the zoning board did in rejecting the application. Do you expect the evidence to get that much better?

No. 105 Allowing the Township of Old Bridge to intervene in the lawsuit re: Jacobs Property.

RESOLUTION

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

the Township Legal Department is hereby authorized to take appropriate action to intervene in opposition to the Court's ruling remanding the case to the Zoning Board in the pro se Zoning Board appeal filed by Mrs. Gloria Grau entitled Jacobs vs. Zoning Board of Adjustment.

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

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

NAYS: Councilman Testino.

Ordinance for Second Reading.

President Maher: What is the status of Mr. Sheehan coming here?

Mr. Badcock: He will not be available until the first meeting in March. It would be your decision as to whether he comes to the agenda or the regular meeting.

Township of Old Bridge
Ordinance No. 2-01

TABLED

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 makes various changes to the Land Development Ordinance of the Township of Old Bridge necessitated by the adoption of the Town Centre Design Ordinance.

SECTION 2: AMENDMENTS

A. Section 7-2 (A)(3) of the Land Development Ordinance of the Township of Old Bridge is hereby amended by the addition of the following subsection:

Regulation of uses and design are contained in the ordinance document entitled "Town Centre District Zoning and design Standards" which is incorporated into this Land Development Ordinance by this reference.

B. Section 10-11 of the Land Development Ordinance of the Township of Old Bridge is hereby deleted in its entirety and amended by substitution as follows:

In addition to the design standards otherwise set forth in this Article X, the design standards provided in the document entitled "Town Centre District Zoning and Design Standards, are hereby incorporated into this Ordinance and shall be adhered to for all development in the Town Centre Design Zone. Where the standards contained therein conflict with the standards otherwise set forth in this article the standards therein shall govern.

SECTION 3: INCONSISTENT ORDINANCES

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

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

NAYS: Councilman Sohor.

Ordinance for Second Reading.

BOND ORDINANCE AUTHORIZING THE CONSTRUCTION OF SEDIMENT DETENTION IMPROVEMENTS IN THE TOWNSHIP OF OLD BRIDGE COUNTY OF MIDDLESEX, NEW JERSEY APPROPRIATING THE SUM OF $750,000.00 THEREFORE; 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 $712,500.00; 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 $750,000.00;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $712,500.00; and

(c) a down payment in the amount of $37,500. 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 $712,500, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $37,500, 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 $712,500 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 $712,500 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 $90,000.

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:

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

Section 9. 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 $712,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. 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 11. 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 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 12. 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 13. 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 authorized by the Bond Ordinance 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 14. 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 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. 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 Sohor, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

Prior to the roll call vote President Maher opened a public portion.

Mr. Walczak: You are taking this over from the homeowner's association?

Councilman Testino: That is what the caption says, but this developer went "belly up" in the middle of the project and left piles of sediment which need to be moved and excavated.

Mr. Walczak: What if this happens again somewhere else in town?

President Maher: This is a mound of dirt, and we are going after the bonding companies.

Councilman Testino: We have not released the bonds. We are trying to give them a resolution until the bonding litigation is over. The title does not read right.

Mrs. Springer: As a clarification, this is a mountain of dirt on a spot that was cleared to build homes, but were reneged on. We have suffered hardships because of this. I thank the council for working on this.

Mr. Shivers (75 Glenn Oaks Court): Thanks the council for their actions.

Seeing no additional hands President Maher closed the public portion.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 08-01

ORDINANCE FIXING COMPENSATION OF DEPARTMENT HEADS PURSUANT TO N.J.S.A. 40:69A-180 AND THE TOWNSHIP TAX ASSESSOR

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

1. Compensation for Department Heads shall be fixed as follows (base salary subject to longevity):

Director of Department of Administration

......................................................................................$96,410.00
Retroactive to July 1, 2000; See Note 1

Director of Department of Finance

......................................................................................$90,624.00
Retroactive to July 1, 2000; See Note 2

Director of Department of Law

......................................................................................$87,351.00
Retroactive to July 1, 2000

Director of Department of Community Development

......................................................................................$90,470.00
Retroactive to July 1, 2000; See Note 3

Director of Public Works

......................................................................................$88,811.00
Retroactive to July 1, 2000; See Note 4

Director of Public Safety

......................................................................................$0.00
See Note 1

Director of Parks, Recreation & Social Services

......................................................................................$82,360.00
Retroactive to July 1, 2000; The Director of Parks, Recreation and Social Services shall also receive an $8,000.00 stipend as additional compensation; See Note 5 and Note 7

2. Additional compensation for Department Heads shall be as follows:

All health, prescription, vision, long-term disability insurance and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.

BE IT FURTHER ORDAINED that the Township Tax Assessor's salary, wages and compensation are fixed to be $76,456.00 retroactive to July 1, 2000. The Tax Assessor shall also receive a $5,000 stipend. (See Note 6 and Note 7). Additional compensation for the Township Tax Assessor shall be as follows: All health, prescription, vision, long-term disability insurance's and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.

*Note 1. The current incumbent in this position holds the position of Director of Police. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Business Administrator shall be paid only for one position or the other, but not both.

*Note 2. The current incumbent in this position also holds the office of Chief Financial Officer. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Finance may be paid only for one position or the other, but not both.

*Note 3. The current incumbent in this position also holds the office of Township Engineer. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Community Development may be paid only for one position or the other, but not both.

*Note 4. The current incumbent in this position also holds the office of Public Works Supervisor. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Public Works may be paid only for one position or the other, but not both.

*Note 5. The incumbent in this office shall perform additional duties as follows:

(A) Assume a lead administrative role in all Township-Employee labor contract negotiations;

(B) Administer special projects as assigned by the Mayor and Business Administrator; and

(C) Serve as replacement for Business Administrator in her/his absence.

In 1998 the Director of Parks, Recreation and Social Services was given a stipend of $8,000.00 to compensate for such additional work. The $8,000.00 stipend for the aforesaid temporary duties may be withdrawn at the direction of the Mayor. Longevity shall not be payable with respect to the $8,000.00 stipend.

*Note 6. In 1999 the Tax Assessor was given a $5,000.00 stipend in specific consideration of the Tax Assessor's assignments outside his role as Tax Assessor, to wit: to assist the Mayor and Council in evaluating and analyzing real estate valuation issues in connection with Township acquisitions of property rights. Except as provided herein, the Tax Assessor may not be paid for additional positions within the Township government. Longevity shall not be payable with respect to the $5,000.00 stipend amount.

*Note 7 The stipends for the Recreation Director and Tax Assessor shall continue only so long as the same are authorized by the Mayor and are also authorized by ordinances of the Township Council.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

Ordinance for First Reading.

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 redefines who may serve as an associate member of the Environmental Commission and specifically permits members of township youth organizations to serve as associate members of the Commission.

Section 2. Amendment

Section 2-20.2 of the Code of the Township of Old Bridge is amended as follows:

• No change.
  
• There shall be two (2) associate members of the Environmental Commission who shall be members of a township youth organization.  The Mayor shall appoint one associate member and the Township Council shall appoint one associate member.  Associate members shall serve one year terms without compensation and shall be non-voting members of said Commission.
  
• No change.

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

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

Ordinance for First Reading.

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 amend Old Bridge Land Development Ordinance to provide that upon the filing of an application of development, an applicant must post a notice of development application upon the property for which development has been proposed.

Section 2. Ordinance

Section 10-3 of the Old Bridge Land Development Ordinance is amended to include Subsection I which shall read as follows:

M. Posting of Notice of Development Application

Upon the filing of an application for development, applicant shall post a sign upon the property which is the subject of the application. The sign shall state the following in letters large enough to be legible from the nearest roadway:

The dimensions of the sign shall be four feet by eight feet. The sign shall be posted within seven days of the filing of the application and shall not be removed until the application is approved, rejected or withdrawn.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

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

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

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

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

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

NAYS : None.

ABSENT PODIUM: Councilman Redmond.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 11-01

ORDINANCE AMENDING OLD BRIDGE LAND DEVELOPMENT CODE TO REQUIRE PLANNED DEVELOPMENTS TO HAVE TWO POINTS OF ACCESS

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 the Ordinance is to amend Old Bridge Land Development Ordinance to provide that a planned development must have at least two points of access which are ready for use at such time certificates of occupancy are issued for the units of the planned development.

SECTION 2: AMENDMENT

Section 10-2.A.3(b)(2) is amended as follows:

• no change
  
• no change
  
• All planned developments shall have two points of access. All planned developments shall have at least two access points which are ready for use at such time certificates of occupancy are issued for the units of the planned development. A temporary access point may be constructed to meet the requirements of this section until such time as a permanent access point can be constructed. Access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging, turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows indicate they are needed.
  
• no change.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

In 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 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 (2) 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 Testino, seconded by Councilman Sohor and so ordered on the following roll call vote:

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

NAYS: None

ABSENT PODIUM: Councilman Redmond.

Ordinance for First Reading.

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 increases fees for obtaining limousine licenses, taxicab licenses and taxicab driver licenses in the Township of Old Bridge. In addition this ordinance requires applicants for limousine licenses to submit to photographing an fingerprinting in order to obtain a license.

Section 2. Taxicab License and Taxicab Driver License Fees

Section 8-5 of the Code of Old Bridge I is amended by substitution as follows: 

All Licenses issued under this Chapter shall be valid from the date of issue to December 31. The license fees to be paid shall be as follows:

For every taxicab One Hundred ($100.00) Dollars

For every taxicab driver Fifty ($50.00) Dollars

Section 3. Limousine License

Section 8-3.1 of the Code of Old Bridge is amended by substitution as follows:

License Application. In addition to the submission of an insurance policy and the power of attorney, the applicant must submit a photocopy of a valid New Jersey driver's license and a valid registration for the vehicle to be licensed. The applicant shall submit himself to be photographed, fingerprinted and background checked. The fee for such fingerprinting and photographing shall be a minimum of $25.00. Applicants residing in apartment complexes are required to provide a current lease showing residency. Those applicants residing in planned unit developments must provide a letter from their association allowing garaging of said commercial vehicle.

Section 4. Limousine License Fee

Section 8-3.2 of the Code of Old Bridge is amended by substitution as follows:

• For each vehicle licenses as a limousine, one hundred fifty ($150.00) dollars. Licenses are limited to one (1) per address. For each additional vehicle licensed by applicant, the applicant must provide a letter from the property owner/garage indicating specific vehicle to be housed. 

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

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

NAYS: None.

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

President Maher: I was told that there were additional changes as a result of the workshop.

Councilman Testino: The Chief of Police will remain in charge of approving the licenses, and the Clerk will maintain the records. I believe the Chief of Police supports this.

Councilman Butler: We decided to have another workshop on the taxi and limo ordinance at the second agenda session in March. We need to move on this because the Clerk needs this information because she will dealing with this at the end of March.

Councilman Redmond: I ask the Clerk to invite the zoning officer to the workshop.

President Maher: That has been done. I have read in the newspaper that Woodbridge has updated their taxi/limo ordinance. I would like a copy of that.

Councilman Greene: The purpose of the workshop is to look at other matters within the ordinance. We had a limited amount of time at the first workshop.

Consent Agenda.

No. 106 Granting permission for the Laurence Harbor Little League parade - Saturday, April 7, 2001 at 9:00 a.m.

RESOLUTION

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

WHEREAS, the Laurence Harbor Little League has requested permission to hold a parade on Saturday, April 7, 2001; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Laurence Harbor Little League ; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Laurence Harbor Little League to be held on Saturday, April 7, 2001.

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

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

NAYS: None.

No. 107 Granting permission for the Sayrewoods South Little League - Saturday, April 7, 2001.

RESOLUTION

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

WHEREAS, the Sayrewoods South Little League has requested permission to hold a parade on Saturday, April 7, 2001; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Sayrewoods South Little League; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Sayrewoods South Little League to be held on Saturday, April 7, 2001.

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

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

NAYS : None.

No. 108 Granting permission for the Old Bridge Lions 5K Foot on Sunday, June 3, 2001 from 9:00 a.m. to 11:00 a.m.

RESOLUTION

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

WHEREAS, a request has been made by the Old Bridge Lions Club for a 5K foot race to be held on June 3, 2001.

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 for said race to be held contingent upon the following:

1. Date and hours of event: June 3, 2001 from 9:00 a.m. to 11:00 a.m.;

2. A certificate of liabi