Old Bridge Township, New Jersey - April 23, 2001 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on April 23, 2001 in the Municipal Complex. The meeting was called to order at 7:35 p.m. by Vice President Butler 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 and that the next public meeting would be held on Monday, May 7, 2001 at 8:00 p.m.

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

Student Government Takeover Day

Mayor Cannon: We had a group of young men and women who were assigned to each department within the township and assumed the role of a particular department head. The following are the names of the students who participated:

Mayor, Justin Gelbman
Administration, Ruby Singh
Department of Law, Monica Geminangi
Tax, Christine Calabreese
MIS, Lauren Shurtleff
Finance, Richard Allport
Engineering, Holly Francy
Code, Mark Rabinowitz
Court, Bill Putney
Office on Aging, Sarah D'Anna
Public Works, Kim Bennett
Police, Sean McIntyre
Recreation, Valerie Jorgenson
Library, Tiffany Danao

Council recessed at 7:40 p.m. to allow the students to describe their experiences.
Combined meeting resumed at 8:00 p.m.

No. 188 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 April 23, 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 23, 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 $6,201,044.81 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio, President Maher.

No. 189 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

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio, President Maher.

No. 190 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

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio, President Maher.

No. 191 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

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

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

NAYS: Councilman Hoff.

ABSENT: Councilwoman Marinaccio, President Maher.

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

Councilman Testino: How does this overtime bill compare to this time last year. Has there been a decrease?

Ms. Shepler: I have sent a letter to the Chief asking him for that comparison. I can tell you that it is down substantially.

Councilman Redmond: Is the dog trust fund animal control?

Ms. Shepler: Yes, and that is signed off on by Capt. Dyson.

Report of the Attorney.

Attorney Ruggierio: When the council made the agreement to sell the Barsel property to the Housing Authority, May 1, 2001 was the strict deadline for closing. We needed the money to meet our budget expectations. The Housing Authority recently received its environmental information and was not able to conduct its last meeting. I have spoken to Mr. Miller, and the Housing Authority will not be able to meet until April 26. I would like the authority to extend the contract date by thirty days. This would bring us the money prior to the absolute deadline of June 30.

Motion

to allow Mr. Ruggierio to extend the closing date thirty days made by Councilman Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: Councilman Sohor.

ABSENT: Councilwoman Marinaccio.

Prior to the roll call vote the attorney's report continued.

Attorney Ruggierio: The council may have received by now a pleasing opinion from the Third Circuit. Just when we thought we could not win anything more in the North County case, I am amazed to tell you that the Third Circuit Court of Appeals in Philadelphia vacated Judge Bissel's opinion and indicated that the township's position from the beginning on the North County case. This does not have a financial consequence because we have already received the $2 million which has been returned to the taxpayers in the form of a decrease. There was an opinion being cited all over the county from Judge Bissel that the Third Circuit is now vacated.

We are intensely involved in the Oakwood case working up pretrial preparation pursuant to Judge McCormack's court order. That is a large part of what is occupying our time. You have the ordinance for the acquisition of the Lambertson tract property. This was intended to be on the agenda tonight. I hope the council will keep us on schedule and introduce the ordinance tonight.

Councilman Redmond: What are we doing with the Lambertson property?

Attorney Ruggierio: If the bonding ordinance passes tonight, you will have appropriated the money to buy the property, but this is the standard ordinance required to give the legal department the authority to go forward and acquire the property. This ordinance is a prerequisite for us doing eminent domain proceedings. This needs to be introduced and passed for us to acquire the property.

Councilman Redmond: I want to know what the other ordinance is. This is the money ordinance and the second one is authorizing you {the attorney} to file whatever needs to be filed.

Attorney Ruggierio: The ordinance states that you have determined that there is a public purpose for acquiring this property and that you authorize the legal department to go forward with negotiations and such legal action as may be necessary to make the acquisition.

Councilman Testino: Have the negotiations on the Lambertson property broken down?

Attorney Ruggierio: It is not proper to say that we have an impasse until you pass the ordinance and we make that conclusion.

Councilman Testino: I am not getting a straight answer, and I shall ask for an executive session.

Attorney Ruggierio: You have to pass an ordinance for us to acquire the property. Once done, we are required by the statutes to negotiate.

Councilmen Testino: We have information from administration leading us to believe that we are still negotiating.

Attorney Ruggierio: We negotiate before we allow for the initiation of proceedings. There is not much chance that we are going to be successful in resolving the impasse, but we have to go forward before we take the next step.

Councilman Testino: I ask for an executive session.

Councilman Hoff: Makes mention of the attorney's letter.

Attorney Ruggierio: I will speak to you about this in executive session. An elderly woman has lived there for a long time. I laid out in the letter a schedule so that no one would be surprised by the circumstances, i.e., that we would introduce an ordinance tonight, adopt it in two weeks; the ordinance would take effect twenty days later; we would try to negotiate for thirty days, etc. This takes us to October of this year.

Councilman Hoff: I read the letter from DeMaio; there is nothing solid about this yet.

Councilman Greene: I look at this the way we approached the Woodland Trails Cedar Ridge II property. We have identified this as a property that the township wants to purchase for the long-term needs of the township. This ordinance gives the town the authority to move ahead with the negotiations or the condemnation of the property. The attorney should have the ability to condemn it, and I believe it is important to act on this ordinance tonight.

President Maher: I would like to vote on this after executive session. There has been negotiations with this tract that the council is not up to speed on.

Councilman Testino: I think we are not saying that we are not supporting acquisition, but rather that we want to be brought up to speed. It seems like a turn around from what we have heard before.

President Maher: One month ago Mr. Badcock told us that we were going to be closing on this tract of land shortly. Mr. Ruggierio's letter laid out an action plan so that if we did not reach a successful resolution, this would be a hostile takeover or condemnation. I want to know what is happening.

Mayor Cannon: There was a vote by this council within the last month based on the direction that was laid out which Mr. Ruggierio defined in the letter. There was an intent to acquire this property, and it was recommended that we move forward in this way. The council agreed, and nothing has changed from a few weeks ago when the course was set to include the money in the bond and including the resolution necessary to get the process going. The inference that something is happening behind the scenes is wrong. That is how we got to where we are now. We agreed that on the 23rd, this resolution would be introduced.

Councilman Hoff: I have heard Mr. Badcock repeatedly say that he has been in easy going negotiations with the owners of the property. I don't want to be in the business of condemnation.

Mayor Cannon: We have applied for and received grants which had to be extended because the value of the property increased. We talked to you about the progress or lack of it. That is when the council ordered an ordinance to get the legal process started. We put the money into the bond. This has been on our horizon for four years.

President Maher: The council has not reviewed this ordinance. We are seeing this for the first time this evening.

Attorney Ruggierio: This ordinance was in your packet. I was concerned when I realized that this was not on the agenda.

President Maher: We will vote on this after executive session.

Motion

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

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

NAYS: None.

ABSENT: Councilwoman Marinaccio.

Proclamation - National Volunteer Week.

WHEREAS, Old Bridge is a township with a rich tradition; and

WHEREAS, the commitment to excellence and community service and the diversity of volunteer programs unite all to a common goal enhancing the quality of life; and

WHEREAS, the spirit of volunteerism brings new hope to those in need and to the future of the Old Bridge Community; and

WHEREAS, there are new opportunities to make a lasting difference through the dedication of volunteer; and

WHEREAS, through the effort of our volunteer force all Old Bridge citizens are enriched; and

WHEREAS, Old Bridge recognizes the enormous contribution volunteers make and honors each individual for their personal devotion to volunteerism.

NOW, THEREFORE, I, Mayor Barbara L Cannon of the Township of Old Bridge, Middlesex County, New Jersey hereby proclaim April 22 to April 28, 2001 as National Volunteer Week and acknowledge the contributions volunteers make through their dedication and commitment to helping improve the quality of life in the Township of Old Bridge."

HEARING/GUEST - CDBG ACTION PLAN YEAR 2001 - Gerri Bohunicky

Mr. Ruffley: The Township of Old Bridge anticipates receiving approximately $368,00 in CDBG funds from the US Department of Housing and Urban Development. We also anticipate receiving approximately $40,000 in program income. This is a total $408,000. All program activities must meet one or more of the following three national objectives: benefit low or moderate income; aid, prevention and elimination of sums and blight and meet other community development needs posing a serious or immediate threat to community health and welfare. The following are eligible activities: housing repair and rehab including energy conservation; street and utility improvements and parking; drainage, water, sewer, fire, police and solid waste improvements; acquisition of land and buildings for housing, parks, community facilities and other projects; construction and rehab of buildings for community and senior centers for residential treatment facilities or shelters; public service such as shared housing, day care, services for the disabled and other programs and services for the population in need; preservation of rehabilitation of historic structures; accessible projects for disabled; economic development activities; general planning activities.

The following are not eligible: buildings or portions thereof used for general conduct of government (i.e. municipal administration buildings, libraries, etc.) CDBG funds cannot be used for general government operating and maintenance expenses, purchase of equipment, new housing construction, income payments or political activities. The Township estimates that 100% of the funds expanded in the forthcoming year will benefit persons of low or moderate income. HUD requires that we hold two public meetings which were held on March 1, one at the George Bush Human Resource Center and the other at the library in Laurence Harbor. The purpose of these meetings is to obtain the view of its citizens on housing and community development needs. Citizen participation on the proposed allocation of funds will be heard. The public is encouraged to comment either in person or at a hearing or in writing by March 30.

The following are activities that we will be handling this year: family day care $41,500; frail and elderly program (for an aid in the senior center) $14,700; housing coalition in New Brunswick $3,000; the township food bank $2,000; housing rehab $100,000; parking facility improvements at Genoa Park $25,000; Laurence Harbor recreation center Phase II $142,000; program administration (two part time and one full time) $76,500; program admin. and miscellaneous $5,000 - for a total of $408,000.

Ms. Gerri Bohunicky: Mike has a copy of 25 pages of demographic information in compliance with HUD regulations. We have to update the five year plan on an annual basis. In our annual plan we need to insure that all activities are in compliance with HUD regulations as well as consistent with the five year plan. This is a short summary. The only thing that we updated with respect to demographic information is broad population figures available from the 2000 census and the detailed information about housing stock, and number of vacant units.

Councilman Butler: Do you have a breakdown on the $100,000?

Mr. Ruffley: That is the overall figure.

Councilman Butler: Specifically, what is the $75,000 being used for?

Mr. Ruffley: That includes me and two part timers' salaries. The $25,000 in Genoa Park is for fencing, playground equipment, picnic tables, and other site amenities.

Councilman Cucchiara: Do we get money for curb and road improvements?

Ms. Bohunicky: Yes, s long as the improvements are to low and moderate income areas. HUD has a formula for each town based upon the amount of low and moderate residents in town. In this town they are more flexible as to what they will allow you to do. In a town that has an extreme level of poverty, we would be talking about a much higher percentage. The population figures from 1990 are still governing the census tracts that are eligible. Old Bridge ranges from 38 to 40%. They give you a break because they know that you are not an extremely low income area.

Councilman Cucchiara: In Ward I, I got curbing at Old Bridge Estates. That was considered a low income area. Has that changed?

Mr. Ruffley: That area is not eligible.

Councilman Testino: Is Phase II for the Laurence Harbor Rec. Center anticipated to be completed?

Mr. Ruffley: Phase I is being done with the money we have left.

Councilman Testino: Phase II will be done this year?

Mr. Ruffley: Yes, This will include interior and exterior improvements including a new HVAC system, doors, sheet rock walls, flooring, kitchen lighting, suspended ceiling, insulation, exterior siding and painting. The guideline is 20%.

Motion

to accept the CDBG Annual Action Plan Year 2001 made by Councilman Testino, 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.

Preliminary Public comment:

Ms. Panos: Requested repairs and upkeep should be made to the basketball court on Herbert Street.

Arlene Taylor: (Birchwood resident) The Birchwood Senior Complex is presenting a petition to the council. We have been in the building. The dirt bikes have become a continuous annoyance for the residents. During the summer, children and adults ride in the woods; the noise is unbearable. We understand that the police patrols weekends. We cannot open our windows or sit outside on the patio because of the noise and dust created by the bikes is horrible. We are concerned that one of the residents could be injured. We hope the Township Council will resolve this problem as soon as possible so that we can enjoy the outside as much as possible. (Ms. Taylor presents a petition with 84 signatures.) The police have confiscated 49 dirt bikes. We were told that when the building was erected, they were going to put a fence around the back.

Councilman Cucchiara: One side is owned by the county; the side directly behind Birchwood belongs to the power company.

Ms. Taylor: There are signs on both sides. The police are there on Saturday and Sunday.

President Maher: Please give us a copy of the petition and your letter. We will put this on the agenda for two weeks from now. We need to devise an action plan.

Grace Acquino (12 Villanova Rd): I am concerned about a house that burned down over a year ago. I represent seven families, and we are concerned because nothing has been done. We have been calling the health department with no results.

Mayor Cannon: We have sent out the health department. They have been summoned to clear up the area and have five days in which to do this. We have also sent a summons out to the individual who owns the property to demolish it. The Township will demolish the property and put a lien on the property.

Grace Acquino: I called the Department of Health, but no one returned my call.

Mayor Cannon: We are obligated to obtain three quotes for a contractor to demolish the building. A lien will be put on the property.

Mr. Savarino (10 Villanova Rd.): Our quality of life has been adversely affected.

Mayor Cannon: Dennis is the health inspector who works with Mickey Gross.

President Maher: Please find out why phone calls were not returned.

Councilman Cucchiara: Who is responsible for the eradication of the rats?

Mayor Cannon: A summons was sent to the owner of the property. There are laws that have to be followed. The owner is given five days to comply. After that time the health department will hire an exterminator. A lien will be placed on the property for the cost of the extermination. We were notified at the middle of last week. The inspector agreed there was a problem. Due notice must be given. We have tried many times to reach this individual. We tried to be sure that this building was properly boarded up. Everyone agrees that the building must be demolished, and we have to find the money in the budget to do this.

Mr. Savarino: Why wasn't that building demolished immediately following the fire?

Mayor Cannon: It is the property owner's responsibility.

President Maher: Please make sure that the Mayor has a name and a phone number of a spokesman for this group. You should see action within the next few days.

Councilman Redmond: I believe that the homeowner is suing us. Send the information to his attorney.

Councilman Testino: Please have someone from code enforcement board up the building.

Ms. Shepler: The building has been boarded.

Seeing no further hands President Maher closed the public portion.

Hearing.

1. Release/Reduction Performance Guarantee Jack Aaronson/Courtco, LLC (Postponement request/No new date to be set at this time.)

2. Release/Reduction Performance Guarantee Renaissance Corporation Center (Attorney requests postponement/No new date to be set at this time.)

3. Release/Reduction Performance Guarantee Primavera Estates (Attorney requests postponement/New Suggested Date: Monday, 7/9/01 at 7:30 p.m.)

Ordinance for Second Reading.

Township of Old Bridge
Ordinance No. 13-01 Tabled to 5/29/01

An Ordinance Amending the Land Development Ordinance of the Township of Old Bridge Regarding Town Centre Design Zone

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 Redmond, 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. 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) $10.00 (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

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, 20001 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

No. 17-01 Amending Land Development Ordinance - Two Points of Access

No Discussion

No. 18-01 Ordinance Initiating $20.00 fee for Zoning Permit Review

No Discussion

No. 19-01 (Bond Ordinance) Acquisition Real Property $3,100,000/$2,945,000

No Discussion

No. 20-01 (Bond Ordinance) Road Improvements $2,271,000/$2,157,450

No Discussion

No. 21-01 (Bond Ordinance) Drainage improvements $170,000/$161,500

No Discussion

No. 22-01 (Bond Ordinance) Vehicles and Related Equipment $450,000/$427,500

No Discussion

No. 23-01 (Bond Ordinance) Upgrade Radio System/Police Dept. $420,000/$399,000

No Discussion

No. 24-01 (Bond Ordinance) Recreational Improvements $450,000/$427,000

No Discussion

No. 25-01 (Bond Ordinance) Amending Ord. No. 13-99 Various Recreational Facilities Improvements $300,000/$284,000

No Discussion.

Ordinance for First Reading Tabled

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO.

ORDINANCE FIXING ADDITIONAL COMPENSATION FOR DEPARTMENT HEADS

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. The following adjusted compensation for certain Department Heads shall be effective as of July 1, 2000 (base salary subject to longevity):

Director of Department of Administration

$101,410.00
Retroactive to July 1, 2000; See Note 1

Director of Department of Finance

$94,624.00
Retroactive to July 1, 2000; See Note 2

Director of Department of Law

$91,351.00

2. All department heads, except the Township Administrator, shall receive an additional raise in pay equal to 1% of year 1999-2000 salary retroactive to July 1, 2000.

3. Additional compensation for department heads continue 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.

BE IT FURTHER ORDAINED that all other provisions of Ordinance No. which are not inconsistent herewith shall remain in full force and effect.

* 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.

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, President Maher.

NAYS: Councilman Sohor.

ABSENT: Councilwoman Marinaccio.

Discussion Ordinance

1. Excluding trucks from the streets of Highpointe Development.

Councilman Testino: We were to get a report from Mr. Ruggierio.

Mr. Condon: We have an ordinance in place which bans parking of trucks over four tons gross weight on streets except for delivery of materials and we have an extensive list of streets on which we have banned that type of truck parking. On several occasions we have added to that list. This is not out of the ordinary and we are not treating anyone unfairly.

Councilman Testino: What streets are named in the ordinance?

Mr. Condon: The list is extensive; I have a copy of the ordinance.

President Maher: Does this ordinance prevent parking on streets and driveways?

Ms. Shepler: This has not been revised since 1995. This does not include any new developments built after that date. This list encompasses streets from 1982 and amended through 1989. There were amendments in 1992 and 1995.

Councilman Testino: Does the development have to request this?

Ms. Shepler: I assume that when a problem arose or when Traffic and Safety noticed a problem, that is how the ordinance evolved. The streets are all over the map. We would have to research the meetings at which the ordinances were passed to determine the genesis.

Mayor Cannon: This may have been done to accommodate traffic flow or because of a resident's concern about an existing or potential problem.

Councilman Testino: Do we take a general approach or merely wait for a citizen complaint?

Ms. Shepler: It would be difficult to ask the police department to survey every street which might be a potential for this type of an ordinance.

Mayor Cannon: It is not appropriate to have this kind of vehicle in a residential area.

Councilman Testino: I don't know if this ordinance will prohibit the type of activity that the residents of Highpointe seek to stop. It certainly prohibits overnight parking.

Councilman Cucchiara: Why not encompass all streets simultaneously?

President Maher: Please provide a copy of the list of streets. Let's update this once and for all.

Councilman Testino: The information that Mr. Condon has will be interesting for the rest of the council members to see which streets are affected.

Mr. Condon: I will pass copies around this evening.

Discussion Ordinance.

2. Permitting Parking on Pendelton Place.

No discussion.

Public comment limited to items listed on the Consent Agenda.

Mr. Piccolo: As a result of the action tonight, does that mean that it {ordinance re: parking in Highpointe) is not being moved up?

President Maher: It is just a discussion and has not been moved up to first reading.

Mr. Piccolo: The vote did not go through and the follow up is that they want to look at the consistency. Is that correct?

Councilman Testino: I don't know what happened to it.

President Maher: We did not vote on this.

Mr. Piccolo: I heard a vote start and stop.

Attorney Ruggierio: The council wants to see the list and then will revisit it.

Mr. Piccolo: Is this still a discussion ordinance? I do think that Councilman Testino's point is well taken, but although my wife and I agree that things should be equal, at this point we feel that to delay this in Highpointe will jeopardize the safety of the children now that the summer is here. I ask to move this along. To consider this for the entire township, this could take beyond the summer. I am afraid to have my children on the street when the truck is parked there. Please move this along.

Mrs. York: Please explain the two points of access.

Attorney Ruggierio: It was the recommendation of the planning department that this be a requirement, but I will get back to you.

President Maher: This is in a going forward basis. We are voting on this tonight.

Councilman Testino: We will have a hearing on this tonight.

Mr. Cicio: The skate park fee is a tax to our children which will exclude some residents because of their economic position from using a public facility.

Councilman Testino: The recreation committee recommended that we wait until the end of the summer to impose this ordinance.

Seeing no further hands President Maher closed the public portion.

Consent Agenda

No. 192 Granting permission for the Old Bridge Township Memorial Day Parade at Laurence Harbor Monday, 5/28/01 at 9:30 a.m.

RESOLUTION

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

WHEREAS, David W. Merwin, Coordinator, has requested permission to hold an Old Bridge Township Memorial Day Parade on May 28, 2001; and

WHEREAS, the Township Council wishes to endorse and permit a Memorial Day Parade for the Township of Old Bridge; 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 Old Bridge Township Parade on May 28, 2001.

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 193 Memorializing denial of release of performance guarantee - Hill Estates.

RESOLUTION

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

WHEREAS, the Township Council of the Township of Old Bridge has considered the release/reduction of the performance guarantee for Hill Estates; and

WHEREAS, a public hearing was held on April 9, 2001 at which time the Township Engineer, The Township Council and members of the public were heard; and

WHEREAS, the Township Engineer has recommended that the release/reduction of the performance guarantee be rejected based upon the findings of the Engineer's report.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the township of Old Bridge, County of Middlesex, State of New Jersey that the release/reduction of the performance guarantee for Hill Estates is hereby denied; and

BE IT FURTHER RESOLVED that the Legal Department take all reasonable steps to enforce the Township's rights against the performance guarantees.

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 194 Authorizing sale of township owned property - Block 16004, Lot 52.

RESOLUTION

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

WHEREAS, the Township Council of the Township of Old Bridge has determined that the property known as Block 16004, Lot 52 on the Tax Map of the Township of Old Bridge is not needed for any public use; and

WHEREAS, it is in the interest of the Township to sell the said property to Foxborough Village, Inc.; and

WHEREAS, the purchase price for said property is One ($1.00) Dollar.

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

1. The property known as Block 16004, Lot 52 on the Tax Map of the Township of Old Bridge shall be sold to Foxborough Village, Inc., with the restriction that the property be maintained as green space.

2. The sale of the said property shall be upon the condition that all such property shall be sold in an "as is" condition and the Township shall not give any warranty as to quality or condition of the property.

3. The purchase price for said property is One ($1.00) Dollar.

4. The Mayor and Township Clerk are hereby authorized to sign the documents necessary to effectuate the sale of said property. The Township Attorney shall review any and all documents prepared in furtherance of this sale.

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 195 Authorizing Change Order No. 1 for Contract No. 00-23 entered into with Tarheel Enterprises for additional excavation and changes to the fencing at the Higgins Road soccer field parking lot.

RESOLUTION

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized a contract with the firm of Tarheel Enterprises, Inc. For the Higgins Road Soccer Field parking Lot; and

WHEREAS, Tarheel Enterprises, Inc., has requested Change Order No. 1 to increase the contract amount for Contract #00-23 for additional excavation and changes to fencing for the Higgins Road Soccer Field Parking Lot from $80,250.00 to $82,312.50.

NOW, THEREFORE BE IT RESOLVED, that the total amount of Contract #00-23 is hereby increased by $2,062.50 from $80,250.00 to $82,312.50.

BE IT FURTHER RESOLVED that the modified cost of services after this Change Order is as follows:

ORIGINAL CONTRACT......................................... $80,250.00

CHANGE ORDER #1.............................................. +2,062.50

NEW TOTAL AUTHORIZED.................................. $82,312.50

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 196 Endorsing the submission of the recycling tonnage grant application for 1999.

RESOLUTION

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

WHEREAS, the Township Council has been made aware that a Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection is promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, a resolution authorizing the Township of Old Bridge to apply for such tonnage grants will memorialize the commitment of the Township to recycling and to indicate the assent of the Township of Old Bridge to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council hereby endorses the submission of the recycling tonnage grant application for 1999 to the New Jersey Department of Environmental Protection and designates Cindy Bell, Recycling Coordinator, to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 197 Authorizing the purchase of three Ford Focus SE Wagons as per state contract No. A44975 from Sansone Dodge Motors in the amount of $42,714.00.

RESOLUTION

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

WHEREAS, the Township of Old Bridge wishes to purchase three (3) Ford Focus SE Wagons under State Contract #A44975; and

WHEREAS, the Township of Old Bridge wishes to purchase under such State Contract the aforesaid vehicles for $14,238.00 each, for the total price of $42,714.00; and

WHEREAS, Sansone Dodge Motors, located at 100 E. Neuman Springs Road, P.O. Box 638, Red Bank, New Jersey has been awarded New Jersey State Contract #A44975; and

WHEREAS, the Township wishes to award the State Contract for the three (3) Ford Focus SE Wagons to Sansone Dodge Motors.

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

1. Sansone Dodge Motors is hereby awarded a contract in the amount of $42,714.00 For three (3) Ford Focus SE Wagons.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 956 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 198 Authorizing professional services contract to James E. Cleary and Associates, Inc. for site location survey of municipal kennel in the amount of $1,325.00.

RESOLUTION

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

WHEREAS, the Township of Old Bridge requires the services of an engineering firm for purposes of survey and site assessment of the Township kennel; and

WHEREAS, the Township has received a grant from the Pet Life Foundation in the amount of $1,500.00 that will fund said work; and

WHEREAS, James E. Cleary & Associates, Inc., is a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with James E. Cleary & Associates, Inc. for purposes of providing the aforesaid survey and site assessment at the Township kennel; and

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

1. A contract for professional services is authorized to be entered into with James E. Cleary & Associate, Inc. in an amount not to exceed $1,325.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #958 certifying the existence of a sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

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

B. Compliance by the Vendor with signing the mandatory affirmative action language required by law.

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

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

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

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 199 Granting waiver of fees for Madison Park Volunteer Fire Co. in the amount of $1,182.00.

RESOLUTION

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

that the Township's portion of construction permit fees for the installation of flooring at the Madison Park Volunteer Fire Company firehouse in the amount of $1,182.00 are hereby waived.

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

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 200 Authorizing the purchase of two 2001 Harley Davidson Electra Glide Solo Certified Traffic Law Enforcement Motorcycles in the amount of $33,000.00

RESOLUTION

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

WHEREAS, the Township of Old Bridge previously advertised for Contract #01-10 for two (2) Harley-Davidson Electra Glide Solo Certified Traffic Law Enforcement Motorcycles; and

WHEREAS, the Township received no bids for Contract No. 01-10 on two consecutive occasions; and

WHEREAS, the Township subsequently negotiated a contract for the purchase of two (2) 2001 Harley-Davidson Electra Glide Solo Certified Traffic Law Enforcement Motorcycles (or equal) with Harley Davidson Motorcycles located at 612 Tyler Street, Burlington, NJ in accordance with NJSA 40A:11-5.

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

1. Harley-Davidson Motorcycles is hereby awarded a contract in the amount of $33,000.00 for two (2) 2001 Harley-Davidson Electra Glide Solo Certified Traffic Law Enforcement Motorcycles in accordance with the specifications advertised therefore.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 957 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

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

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

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

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

Moved by Councilman Butler, seconded by Councilman Redmond 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.

No. 201 Authorizing the insertion of an item of revenue in the budget in the amount of $5,086.04 in connection with a Drunk Driving grant.

RESOLUTION

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

WHEREAS, N.J.S.A. 40:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the date of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation fo