Old Bridge Township, New Jersey - April 9, 2001 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on April 9, 2001 in the Municipal Complex. The meeting was called at 8:03 p.m. to order by President Maher who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places.

Roll call by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Greene, Hoff, Redmond, Sohor, Testino and President Maher. Councilman Cucchiara arrived late. Councilwoman Marinaccio was absent.

Approval of Minutes

RESOLUTION #161

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

WHEREAS, the following minutes are hereby approved:

January 8, 2001 - Combined February 26, 2001 - Regular
January 22, 2001 - Regular March 12, 2001 - Executive

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Bill List

RESOLUTION #162

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

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 April 9, 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 April 9, 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 $5,272,159.25 (General Fund).

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Bill List

RESOLUTION #163

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of April 9, 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 $654,739.69 (Payroll).

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Bill List

RESOLUTION #164

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

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

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

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

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

NAYS: Councilmen Greene, Hoff, President Maher.

ABSENT: Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Testino: Mr. Shah, are you anticipating transfers in the overtime account soon?

Mr. Shah: There are some accounts with a small amount of overtime and I don't think that it will require a transfer. We are monitoring the police and you can see that this overtime amount is dramatically down.

Councilman Testino: So we are actually saving money in overtime because of the new police hires.

Mr. Shah: I don't know, the police department can give you a report.

Councilman Testino: I would request a report from the director.

Report of the Clerk

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of March 2001:

DOGS:
2101-2487 3,005.00
Replacements - 2233,2380,1984 1.50

LICENSE:

Vending:

Snack - $5.00 each
#73 Fizer 5.00
#74 CSB Services 5.00

Soda -$10.00
#37 CSB Services 10.00
#38 Hess 10.00

Amusement - $25.00 each
#123-125 Fizer 75.00

Food - $25.00
#5 Hess 25.00

Hot Dog
Rocha 50.00

Limousine:
1201-01 Browntown Bus 35.00
1201-02 Amin 35.00
1201-03 Libin 35.00
1201-04 Yallof 35.00
1201-05 Kraston 35.00
1201-06 Twin Transport 35.00
1201-07 Saleem Khan 35.00
1201-08 (Not picked up yet)
1201-09 (Not picked up yet)
1201-10 Zaibair 35.00
1201-11 Akhtar 35.00
1201-12 Lambert 35.00
1201-13 Soroka 35.00
1201-14 Haqqi 35.00
1201-15 Wojski 35.00
1201-16 Amed Khan 35.00
1201-17 Sokolov 35.00
1201-18 Hussain 35.00
1201-19 Solokhamina 35.00
1201-20 Zusman 35.00
1201-21 Madam 35.00
1201-22 Rogalsky 35.00
1201-23 IBEJ Corp 35.00
1201-24 Saleem Khan 35.00
1201-25 Beyderman 35.00
1201-26 Munir 35.00
1201-27 Amol International 35.00
1201-28 thru 1201-32 DVG Limo 175.00
1201-33 Sara Limo 35.00
1201-34 Mollah 35.00
1201-35 thru 1201-36 New Way Limo 70.00

BINGO/RAFFLE
RA - 50-01 Institute for Brian Injured Children 10.00
RA - 51-01 Sayreville Jewish Center 10.00

20.00

Map
Ward Map 5.00

Liquor License
1209-33-021-055 Person to Person Transfer- Pepperheads 131.38

SEARCH
5&6-01 20.00

MISCELLANEOUS:
Photocopies 49.25
Late Fees 555.00

Total: $5,157.13

MOTION

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Report of the Attorney

Assistant Attorney Condon: There is no report at this time.

MOTION

to accept that there is no report of the attorney by Councilman Butler, seconded by Councilman Greene and so accepted on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Preliminary Public Comments

Jerry Rhodes; Manager Brynwood Gardens: I would like to discuss an ordinance that was on last week's agenda to reduce the cost of apartment inspection fees from $60.00 to $50.00 based on the letter from Mr. Diaz. Mr. Diaz's letter in essence says that he is going to inspect 20% of the vacant unit apartments per year. Bulletin 2000-2; from the State references maintenance of hotels, motels and apartments, which requires an inspection of an occupied unit every five years, it says occupied, not empty units. I have given to the council a hand out and would like you all to take the time to look it over. The State fire code states that if you have a fire inspection, it should be coordinated with an inspection from the other side of the house, where you do them at the same time, you don't subject that tenant to more than one inspection. If in the past, the State has done it, the State will continue to do it unless the council passes an ordinance. You did not state in that ordinance the fees that your fire district can charge. They have a catch-all in there that says "anything not listed, will charge a flat $35.00."

Councilman Cucchiara: Isn't it listed under the new fees?

Mr. Rhodes: Not for apartments.

Councilman Cucchiara: Most of what you are talking about should be addressed at the fire district meeting.

Mr. Rhodes: I think it should be addressed here.

Councilman Cucchiara: Who does the inspections?

Mr. Rhodes: As of April 1^st , it is the fire personnel.

Councilman Cucchiara: Then it should be addressed to them.

Mr. Rhodes: But they are misinterpreting the State law.

Councilman Cucchiara: Contact Mr. Diaz and set up a meeting with him and let him know that he is misinterpreting the law because there is no one here who can address that. You can ask that he be present at one of our meetings.

Mr. Rhodes: The reason that I am addressing the council is because it came up at last week's meeting about $35.00 verses $10.00.

Councilman Cucchiara: Isn't it a State statute that these things are now done by the local enforcing agency?

Mr. Rhodes: In compliance with the hotel, motel, multiple dwelling...

Councilman Cucchiara: I think that you are not looking at the whole thing. I think that you should contact Mr. Diaz because I don't think you are reading the code the right way.

Councilman Testino: The fire people have been invited to the meeting of May 7, 2001.

Councilman Butler: I would like to thank Jerry Rhodes for the time and energy he has given this.

President Maher: I would ask Alayne to look into this misunderstanding.

Ms. Shepler: I believe that the fire personnel are invited to one of your upcoming meetings to answer your questions.

Councilman Redmond: Who pays the $35.00 fee?

Mr. Rhodes: As it stands now, the landlord would pay that for each empty unit.

Councilman Redmond: They are not doing the occupied units?

Mr. Rhodes: Mr. Diaz's letters states that he intends to do 20% per year of my vacant units.

Councilman Redmond: This doesn't get assessed to the tenants?

Mr. Rhodes: The code is silent on that.

Bill Cunningham: I live in a development and I am trying to put a fence up on my property, there is an easement that takes up 7 ½ feet of my property, that I pay taxes on. We were told that we could not put a fence up. I was told to come before the council to get permission to put the fence in the easement. I was never told about the easement when we bought the house.

President Maher: Who told you that you couldn't do this?

Mayor Cannon: He came to administration and we went through engineering and they denied the request because of the concerns that we have had in the past about access to the easements.

Councilman Redmond: Do we have the power to grant this?

Mr. Condon: It is our easement so I would assume that we could grant it. I assume since Mr. Ruggierio referred him to the council, that you do have the power.

President Maher: We will discuss this at the council's next agenda meeting.

Mr. Cunningham: We had a similar problem on the other side of our property with the water company and we were told to just sent them a letter and they would grant us permission.

Frances Portlock: I am from the Housing Authority and I just wanted to introduce myself to you and to answer any questions you have. It is nice to meet you all and thank you.

Barbara Erosh Anderson: It was my understanding that the golf course was to be voted on tonight and it looks like it has been removed and there is a motion to do another golf study. Why was it removed and why is this project being stalled? It was my understanding that a study had already been done and was shown that this course would produce revenue between 3/4 of million and a million dollars a year. I don't understand why the township is not going ahead with a project that would produce that much revenue. This has been stalled for about a year so far, can anyone tell me why it is not going ahead?

President Maher: I let you speak on this but we will be speaking about this during the bonding portion.

Ms. Anderson: It is listed as a motion for a study on the agenda.

President Maher: We will discuss it during the bonding.

Ms. Anderson: So you won't tell me why it is being stalled?

President Maher: This portion of the meeting is for things that we will not be taking action on.

Peter Armenia: This council approved a study for the golf course two years ago and we never heard anything about the study. Now tonight you are thinking about hiring a "big 5" firm for a study, that will cost six figures.

President Maher: As I told the other speaker, we will be addressing this in the bonding portion of the meeting.

Mr. Armenia: What will happen at that portion?

President Maher: We will be moving the bonding project forward. I have asked the finance director to take a look at updating the financials with the golf course. By the time this golf course is built the financials will be six years old. We think that it would be prudent to spend another fifteen to twenty thousand dollars to look at the financials to see if they are still accurate. This golf course is going to cost the taxpayers seven to eight million dollars. We are not looking to stall this.

Mr. Armenia: You are not going to get a "big 5" firm with $20,000.00.

Councilman Redmond: We do not own enough property yet to build the golf course.

Mr. Armenia: What will you be discussing later in the meeting? Moving forward with the study or building the golf course?

President Maher: I don't know what we will be discussing but there will be public comment

Anita Clavering: I would like to thank Mayor Cannon, the Council and Ron George of the Home News and Tribune for the serious consideration that was given to my proposal for a Day of Recognition for Americans with Disabilities. I look forward to this becoming a reality.

Stamatia Piccolo: I would like to thank the council for the consideration given to amending section 10-5 with respect to truck restrictions in Highpointe. I reside on a cul-de-sac with my husband and two children in Highpointe and am here to speak about over weight trucks entering and leaving the development. We feel that this is a severe safety hazard for all the children that reside in Highpointe. To permit trucks of this size and weight to be kept in a residential area is extremely dangerous. The original intent of the development of Highpointe was for residential homes and not for the parking and maintenance of commercial vehicles. I would like to submit a petition that has been circulated in our development of well over one hundred residents who support the prohibition of over sized commercial vehicles from entering and parking in our development. We urge you to support amending Ordinance 10-5 Traffic Truck Restriction for Highpointe. (At this point Ms. Piccolo submits a petition and photograph of the said vehicle parked in Highpointe).

Blanche Hoffman: Is there a criteria that the council uses to determine the salary adjustments for department heads?

Mayor Cannon: We do performance evaluations and I make recommendations based on that.

Ms. Hoffman: Is this open to the public?

Mayor Cannon: The salaries are public information but not the performance evaluation.

Ms. Hoffman: I think that it would be a good idea if there was some type of criteria set up for the department head adjustments.

Mr. David Goodwin: Laurence Harbor cannot bear the traffic that would result if there was a train station put in there. Why are you always dumping on Laurence Harbor? Why are we worried about the parking problems in Matawan and Parlin?

Councilman Hoff: I sympathize with Mr. Goodman and I have read that the Mayor of Matawan would like a train station in Laurence Harbor. I don't want the train station in Laurence Harbor until we get everything else that goes with the conceptual plan, along with entrances and exits off the parkway. We don't want or need a train station in Laurence Harbor.

Mayor Cannon: This is not for Matawan and Parlin residents. It is for Old Bridge residents who would benefit from the shortage of commuter parking. The train station was always intended to be part of a larger complex. We have always talked of that site being developed as an office site. The county and parkway are in the process of acquiring land to improve that roadway. My support of this project is because of the benefit to Old Bridge residents and also to have it created so it is not a hardship to any one. I agree with Mr. Hoff that it should be part of the whole project and that is what we are pushing for.

Mr. Gary Brown: I love the town of Old Bridge and want to spend the rest of my life here. You have a very unique opportunity here to have a golf course and also preserve some of the wildlife habitat that would also be a revenue source for the town. I would urge you to consider this course seriously.

Mr. Joe Geronimo: I was here to speak on the hearing for Carrington Woods and I see from the agenda that the hearing is postponed until June 18, 2001. I am the president of the homeowners association and we are responsible for the detention basin. I am working with Nelson Iglesias and I want to go on record tonight and let everyone know that we have no way of maintaining this basin. Until we come up with some solution is there any way that the township or DPW could keep this area clean and cut?

Councilman Testino: I asked the legal department to look into enforcing the township's easement back to the area. Once we get that I think that maintenance problem would revert back to the homeowners association. I would ask that the legal department be ready to report on April 23^rd.

Ms. Mary DuBois: I am here to respond to the petition for amending Ordinance 10-5. The proposed ordinance affects my husband and myself directly. I would respectfully ask that you leave the ordinance intact. I have faxed a copy of all the facts to each of you and if you read it, you will see that my husband has had the truck no more than once a month for no more than three hours in the complex. We purchased our house about a year and a half ago with the understanding that we would abide by the laws and ordinances within the town, which we have. I want you to understand that we do care about the children, in fact my husband has tried to bring the truck home when children are less likely to be present; including Sunday morning. We are getting a little tired of police coming and telling us that we have been parking the truck there overnight; when it has been at Spinelli's. I would recommend that you recommend to us to go home and be neighbors and find an effective solution.

President Maher closed the public portion.

PROCLAMATION

Tobacco Awareness Month - April (BC)

Mayor Cannon read the following proclamation

Whereas, tobacco use is the single most preventable cause of death and disease in New Jersey. Each year too many resident have a diagnosis of cancer, cardiac, pulmonary and other diseases which significantly impact their quality of life; and

Whereas, each year more than 12,830 New Jersey residents die of diseases directly related to tobacco use; and

Whereas, more than 3000 American youngsters under the age of 18 begin smoking; and

Whereas, the number of New Jersey kids now under 18 who will die from smoking if current rends continue equals 135,000; and

Whereas, the problem of tobacco use is community-wide. Exposure to environmental tobacco smoke increases the health risk for smokers and non-smokers; and

Whereas, medical expenditures associated with tobacco-related illnesses effect people directly as individuals and indirectly as taxpayers; and

Whereas, the annual cost of treating these diseases in New Jersey exceeds $1.7 billion a year; and

Whereas, the Middlesex County Public Health Department is sponsoring Tobacco Awareness month in Middlesex County as part of a month long campaign with the focus on health rises associated with tobacco use; and

Whereas, the campaign is an opportunity for schools, communities, business and organizations to learn about tobacco cessation programs, prevent sales of tobacco products to minors, the effects of second-hand smoke and smoke free workplaces; and

Whereas, the NJ QUITNET and N.J. QUITLINE have been created to offer individual solution to help you quit smoking and access important information about smoking-related issues;

Now, Therefore, I, Mayor Barbara L. Cannon and the Township Council of Old Bridge Township do hereby proclaim the month of April 2001 as

Tobacco Awareness Month in Old Bridge Township, Middlesex County, New Jersey

And call upon all citizens, parents, government agencies, public and private institutions, businesses, community organizations and schools to join us in fighting one of America's most serious public health problems by supporting efforts to prevent youth from starting to smoke and limit tobacco use in New Jersey

GUEST

Gene Farrell - To discuss State Audit

Mr. Farrell: The council president asked me to take a look at the State Performance Review and their recommendation. The total savings encompass three entities; the township, the fire districts and the first aid; of which the potential savings is over five million dollars. The interesting thing about this that we made an inquiry to review their work papers and they could not locate them. One of the first savings they mention is the surplus, they recommend that you could increase/utilize your surplus an additional 3. 3 million dollars. Himanshu was concerned about this and when I took a look at it; you don't have 3.3 million dollars to utilize.

Councilman Redmond: They want us to reduce the amount of surplus and put it towards revenue.

Mr. Farrell: Right, so in effect, you would have an artificial reduction in your property taxes for one year for a little over 10 cents. Interestingly, you were criticized for using one year revenues. It is a real contradiction in the report. Based upon that you have to disregard the 3.3 million dollars or you will have a tremendous spike in the tax rate after you enforce some type of budget strategy based on their recommendation. When you look at the departments that they are focused in on such as Public Safety, if you look at their recommendation, it basically restructures it, which you are bound by in contractual terms. They are making recommendations for increases in your deductibles and increases in co pays; which you are bound by. There are some things that you could take a look at but when you look at your department heads responses - they refute all the claims by the state. One instance is the finance where they recommend generating $45,000.00 in interest earnings. When Himanshu looked at the statements it equates to about $4,000.00.

Mr. Shah: I provided you the full analysis on that. I requested that they provide me with their back-up and they are not able to locate them. You will hear that from most departments, so we cannot intelligently respond to their recommendations. Surplus is a difficult area in Old Bridge, in the state's analysis they didn't take into account what we annually anticipate in the budget, so if we were to follow their recommendation we would be in a deficient situation. It is not really a viable recommendation.

Mr. Farrell: My experience in dealing with these types of reports are that the individuals that do these come from an environment that is "GAAP", what they are trained for is pretty much under the jurisdiction of the General Accepted Accounting Principals. Unfortunately in New Jersey we do not conform to that. They are really not familiar with our type of financial reporting. When they look at your surplus balance, they figure that number is the net number after whatever you utilize in the subsequent year, which is not true. Giving them the benefit of the doubt there is a potential here where you could utilize all your surplus and maximize all your revenues. Like I said before you will have a year where you will have a drastic reduction in your tax rate and then the next year a significant rate increase. In the past years we have been dwindling the amount of available surplus in an effort to minimize the tax increases.

Councilman Cucchiara: What reference materials did they use to compile this report? No one seems to know and why is that?

Mr. Shah: We cannot answer on their behalf. We asked for information on their recommendations and we were unable to obtain them.

Councilman Cucchiara: So they come in and tell us their recommendations and use no standards.

Mr. Shah: They may have used standards, but we don't know.

Councilman Cucchiara: In the fire district they recommend reducing to two pieces of aerial apparatus from three. There are only two in the township, we are all trying to find out where the third one is.

Mr. Shah: I think that they have retired personnel for the school and retired police officers...

Councilman Cucchiara: I read that the police sergeant who came from Patterson; who was referenced; he recommended that the promotions should be up to the Mayor. He came from a city that is a civil service community where promotions are made in numerical order.

Mr. Farrell: It is difficult and somewhat misleading.

Councilman Cucchiara: I think the whole thing is misleading. Who's recommendation was this to bring these people in?

Mayor Cannon: The council voted on it.

Councilman Cucchiara: On who's advice?

Mayor Cannon: It was something that I supported. I don't think that we need to throw the baby out with the bath water, there are some good idea in here. I recommend that we have some volunteers of the council to sit with administration and go through the response reports. We already implemented the zoning fee. I think it would be good to have a collaborated effort.

Councilman Testino: I don't want to serve on that committee. My interview for this audit was a tell tale sign in the end result of this report. The woman asked me what could be done to reduce the budget and what else I thought could be done in town. If you do that to all council members and administrators you will get every issue in town. The surplus issues has been kicked around for years, the issues on the police department have been kicked around and also the way we have services delivered. I think it was a conglomerate of what we have been hammering out for years. The sum total is balancing what services we are going to deliver and how conservative we are going to be on our financial approach to taxes in this township.

Mr. Shah: I agree with Mr. Testino's comments. I think it is a good idea to have a committee and review all the recommendations.

Councilman Redmond: One of my objections to the budget process is that we always sit down at the eleventh hour and try to rush it through. If we had a committee we could combine the review and budget together.

President Maher: We've already started that, the mayor has been requested to engage the council earlier in the budget decision process. I was a proponent of the municipal performance audit four years ago. I agree with the mayor that some of these recommendations are good. I would like to move forward on the mayor's suggestion that we form a council sub-team to work with the administration. I would ask the council members that are interested in serving on this committee to submit your name to the clerk's office by the end of the week and we will try and set up the first meeting this month.

HEARINGS

H-1 Release/Reduction Performance Guarantee - Carrington Woods (Attorney requests postponement.) Suggested new hearing date: Monday, June 18, 2001 at 8:00 P.M.

President Maher: If there is anyone here from Carrington Woods, I will recognize them now since this was postponed tonight.

H-2 Release/Reduction Performance Guarantee - Hill Estates

Mr. Iglesias: My recommendation is to not release the bond at this time. The punch list is not complete and it has been my policy not to release any bond unless the punch list is complete.

President Maher opened the public portion.

Resident of #8 Tower Hill Lane: The builder has promised to do a number of things and they have not yet been done

Resident of #4 Tower Hill Lane: There is a punch list that I gave to the engineering department. One of the things that was suppose to be done was top soil put down in my backyard. The only thing that I have seen so far is mud with hay over it.

MOTION

To deny the release by Councilman Testino, seconded Councilman Butler and so denied on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

ORDINANCE FOR SECOND READING

ORD. #14-01 Skate Park Fee TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 14-01

ORDINANCE ESTABLISHING ANNUAL USAGE FEE FOR THE OLD BRIDGE TOWNSHIP SKATE PARK

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 establish a fee schedule for usage of the Old Bridge skate park located in Veterans Park to regulate usage of skate park.

SECTION 2: ORDINANCE

Any person desiring to use the skate park facility located in Veterans Park must obtain a photo identification card from the Recreation Department and pay the applicable annual usage fee according to the following schedule:

RESIDENT FEE NON-RESIDENT FEE

$25.00 $50.00

$10.00 (second family member) $20.00 (second family member)

$5.00 (third family member) $0.00 (third family member)

$0.00 (fourth family member) $0.00 (fourth family member)

All cards shall be valid from the date of issue until December 31 next. Proof of residency shall be required to obtain a photo identification card at the resident fee rate. No person under the age of seven years may use the skate park. The Recreation Department may require a birth certificate as proof of minimum age before issuing a photo identification card. All fees paid pursuant to this section shall be collected by the Recreation Department.

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 to table by Councilman Testino, seconded by Councilman Greene and so tabled until April 23, 2001 on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Marinaccio

Prior to the vote the following discussion took place

Councilman Testino: The recreation committee is putting together a solidified position paper to present to the council. I understand that they are studying the usage over the Easter and Passover break. I would ask that we table this ordinance until then.

Councilman Hoff: I have reconsidered my support of this. I would like to recommend to the recreation committee. Instead of a fee, why don't we have a one hour instruction class on safety and usage of the park and after completion the users would be issued a card stating that they have completed the class.

ORDINANCE FOR SECOND READING

ORD. #15-01 Amending Ordinance to Increase Alcoholic Beverage Fees

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 15-01

An Ordinance of the Township of Old Bridge Amending Section 6-3.4 of the Township of Old Bridge to Increase Liquor License Fees

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

SECTION 1: LIQUOR LICENSING FEES AMENDING OF THE OLD BRIDGE TOWNSHIP CODE SECTION 6-3.4 AT SUBSECTION (a) THEREOF CONCERNING LIQUOR LICENSING FEES.

The code of the Township of Old Bridge is hereby amended at Section 6-3.4(a) to increase liquor license fees by twenty percent (20%)

TYPE OF LICENSE PRESENT INCREASE NEW FEE

Consumption $1,313.83 $262.77 $1,576.60

Distribution $1,149.61 229.92 1,379.53

Club 124.41 25.59 150.00

SECTION 2: SAVINGS CLAUSE

The remaining subsections of Section 6-3.4 shall remain in full force and effect.

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

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

SECTION 5: EFFECTIVE DATE

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

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

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

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

ORDINANCE FOR SECOND READING

ORD. #16-01 Amendment to Use of Library Property Ordinance

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 16-01

ORDINANCE SETTING FORTH THE PENALTIES FOR CERTAIN OFFENSES AGAINST THE OLD BRIDGE PUBLIC LIBRARY

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 increase the fine for the destruction of library books and other such offense against the Old Bridge Township Library.

SECTION 2: ORDINANCE

Section 4-21.2 of the Code of the Township of Old Bridge is hereby amended by substation as follows:

Violation, Penalty. Any person who violates or refuses to comply with the regulation and provision of this section shall, upon conviction thereof, be subject to a fine not to exceed the sum of one hundred ($100.00) dollars.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

ABSENT: Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Greene: It seems that the impetus for this ordinance was so that the library could recoup costs for books not returned. The ordinance states damaged books. Is this fine for both reasons?

Mr. Condon: I think it was requested by the library board to deter the incidents of not returning books. The ordinance that you are passing tonight does not recoup money for the library - it is a fine. If the library wanted to recoup their money they would have to take the person who did not return their books to court.

Councilman Greene: Is this a fine for the non-return as well as the destruction of books?

Mr. Condon: Yes.

Councilman Redmond: If the book is worth $40.00, you have to pay $40.00 plus a hundred dollar fine?

Mr. Condon: This ordinance is intended for people who take the books and never pay for them.

Councilman Redmond: If they don't pay for the book, why would they pay the fine?

Councilman Testino: If the fine is $100.00 - we can get a collection agency.

ORDINANCE FOR FIRST READING

FR-1 Amending Land Development Ordinance - Two Points of Access

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 17-01

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

A. Section 10-2.A.3(b)(8) of Old Bridge Land Development Ordinance is amended as follows:

no change
no change
All planned developments shall have two points of access which are ready for use at such time certificates of occupancy are issued for 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 7-2.B.4 of the Old Bridge Land Development Ordinance is amended as follows:

All uses shall maintain a continuing conformance with the following safety and environmental performance standards. Regardless of any other provisions of this ordinance, deviations form these standards shall establish the otherwise permitted use to which they relate as not permitted. Violations of these standards shall constitute a change in the use of the property and shall be abated in order for legal occupancy of the premises to continue. All uses must hold and comply with all applicable State and/or Federal licenses and permits.

(a) through (m) unchanged.

(n) Each residential development of 25 or more dwelling units have two or more points of access.

Section 8-3.B of the Old Bridge Land Development Ordinance is amended as follows:

Each cluster shall

(1) through (5) unchanged.

(6) have two or more points of access.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

ABSENT: Councilwoman Marinaccio.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 18-01

ORDINANCE AMENDING OLD BRIDGE LAND DEVELOPMENT CODE TO ESTABLISH ZONING PERMIT FEES

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 Article 12-1 of the Old Bridge Land Development Ordinance to establish a fee for zoning permits.

SECTION 2: AMENDMENT

Section 12-1 of Old Bridge Land Development Ordinance is amended as by the addition of subsection N which shall state as follows:

N. Zoning permit: $20.00. The zoning permit fee shall be waived where applicant has already perfected an approval from either the Planning Board or Zoning Board of Adjustment.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

ABSENT: Councilwoman Marinaccio.

CONSENT AGENDA

President Maher opened the public portion - On the Consent Agenda

Lucille Panos: What is the Residential Maintenance for with the Middlesex County Office on Aging Grant?

Ms. Shepler: Its for the Safe Housing Program, it is to assist the seniors with things such as new lighting.

Ms. Panos: Who does the labor?

Ms. Shepler: The township contracts it out.

Ms. Panos: I am on the Youth Guidance Council and I wonder if we could get the kids to do this to help the seniors?

Ms. Shepler: There are definite parameters set up by the state and labor charges are not one of them.

Joe Pagnotta: I urge the council to pass the purchase of the eight new police cars.

Seeing no hands President Maher closed the public portion.

Block Party - Heather Drive, Saturday, August 4, 2001 Between 10:00 A.M. - 10:00 P.M.

RESOLUTION #165

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

WHEREAS, the residents of have requested permission to close Heather Drive at the intersection of Alpha Avenue and Gaub Road for the purpose of a block party to be held on August 4, 2000 (rain date August 5, 2000).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Heather Drive be completely closed to vehicular traffic from the intersection of Alpha Avenue and Gaub Road. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Memorialize Release Performance Guarantee - Mirada Realty/Bell Chase

RESOLUTION #166

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

WHEREAS, Mirada Realty, Inc. has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on March 26, 2001 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has recommended release of the performance guarantee of Mirada Realty, Inc. (a/k/a Bell Chase); and

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

Performance Bond $47,586.96 (Bond #62770)

No Cash Deposit

WHEREAS, release of the performance guarantee will be subject to the developer posting a maintenance bond for a two (2) year period in the amount of $7,138.00 (15% of $47,586.96).

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee be released subject to the developer posting a two (2) year maintenance bond in the amount of $7,138.00 (15% of the original performance guarantee of $47,586.96.

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Raritan Bay Medical Center Family Day -11:00 A.M. - 3:00 P.M. Saturday, June 9, 2001

RESOLUTION #167

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 Raritan Bay Medical Center to hold a Family Day on Saturday, June 9, 2001 from 11:00 a.m. to 3:00 p.m.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that permission to hold said Family Day is hereby approved subject to the following:

1. Submission of a site plan to include the following:

a. Depict type of structure, location and size;
b. Any out buildings and use;
c. Location of any vendor - sale of food included;
d. Staging area, auxiliary use, how many;
e. Location of toilet facilities and how many;
f. Construction of bleachers, any seating arrangements and all electrical equipment

2. Reimbursements to Township for overtime inspection fees and police performance on Sunday/Holiday, if applicable.

3. Approval by Township Council for use of overtime or inspections and police.

4. Submission of fire rated certificate for tents.

5. Original certificate of liability insurance in the amount of $1,000,000.00 naming the Township as certificate holder.