Old Bridge Township, New Jersey - May 14, 2001 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on May 14, 2001 in the Municipal Complex. The meeting was called 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 at 8:00 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Hegarty and President Maher. Councilman Cucchiara arrived late.

Bill List

RESOLUTION #218

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 May 14, 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 May 14, 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 $28,981,087.76 (General Fund).

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

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

NAYS: None.

Bill List

RESOLUTION #219

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 Hoff and so ordered on the following roll call vote:

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

NAYS: None.

Bill List

RESOLUTION #220

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 Councilwoman Hegarty and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Redmond, Sohor, Testino, Councilwoman Hegarty

NAYS: Councilmen Greene, Hoff, President Maher.

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 April 2001:

DOGS:
2488-2631 1,110.00

CATS:
1-149 1,036.00
#113 (not in the box)

LICENSE:

Vending:

Snack - $5.00 each
#75-77 The Filing Station 15.00
78 Spring Valley Exxon 5.00

Soda -$10.00
#39-52 Coca Cola 140.00
53-54 The Filing Station 20.00

Hot Dog
Nina's Texas Weiners #228 50.00
Karwat #229 50.00

Ice Cream
#230 VOIDED
Ohern Ices #231 25.00
Tango Ices #232 25.00
Mario's Ices #233 25.00
#234 - Not Issued yet
M&M Ice Cream #235 25.00

Sale of Flowers
Ted's Gas #288 150.00
Sunni Calsetta #289 150.00

Limousine:
1201-08 Tabinchek 35.00
1201-09 Baharary (Not picked up yet)
1201-37 Saleem Khan 35.00
1201-38 DVG Limo 35.00
1201-39 Saleem Khan 35.00

820.00

BINGO/RAFFLE
RA - 52-01 Catena School 10.00
RA - 53-01 Jewish Federation of Monmouth 10.00
RA - 54-01 Jewish Federation of Monmouth 10.00
RA - 55-01 St Lawrence Church 10.00
RA - 56-01 St Ambrose Church 10.00
RA - 57-01 Old Bridge Soccer 40.00

90.00

Map
1 Ward Map & 1 Street Map 10.00

Liquor License
1209-33-016-007 Person to Person Transfer and Place to Place - Gerity's Breeze Inn 262.76
1209-31-038-001 Old Bridge Elks - Renewal 150.00
1209-44-014-006 Jersey Wines & Liquors - Renewal 1,379.53
Place to Place Transfer Application - Fairway Plaza 4.00

1,796.29

SEARCH
7 thru 9-01 30.00

MISCELLANEOUS:
Photocopies 11.50
Late Fees 294.00

Total: $5,197.79

MOTION

to accept the report of the Clerk by Councilman Hoff, seconded by Councilwoman Hegarty and so accepted on the following roll call vote:

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

NAYS: None.

Report of the Attorney

No Report

MOTION

To accept no report of the attorney by Councilman Hoff, seconded by Councilman Redmond and so accepted on the following roll call vote:

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

NAYS: None.

Preliminary Public Comment

Lance Hilfman: We had a photography contest called "Take Your Best Shot" in town and the photographs are on display at the library. The winners were: Bernice Werner for Spring has Sprung" - Lorraine O'Shaunassey for Easter Bonnet - Debbie Rockowitz for Late Afternoon in Old Bridge - Melissa Freidman for Laurence Harbor - James Reed, Matthew King and Dan Klein, Bob Buckley, Patricia Corrighan also submitted photos.

Beth Rose: The Marching Knights of Old Bridge received a proclamation from the State Senate and General Assembly this week at a concert at the High School

Lucille Panos: There are only baby swings at Veteran's Park. Can we have one of them changed to a swing for older children?

Mr. Badcock: Yes, the reason there were only baby swings is because that is what the mother's wanted, now that the children are older we can change the swings.

Aaron Hannon: We would like to know when the park in the Genoa section is going to be finished? The old park has already been torn down and we now have no where to play.

Mr. Badcock: We have spent some CDBG money and also cash capital. As of July 1, 2001 we will have $25,000.00 that I asked Mr. Ruffley to set aside for swing sets, benches, fencing and sod. In the meantime we have basketball posts that are in and hope to be installed by the next week or two. We are hoping to order a picnic tables in the meantime.

Mr. Rao: I read in the newspaper that Councilman Greene was disappointed with the school budget. Did he want it to cost more than ninety eight million dollars?

Councilman Greene: I said that I was disappointed that so few people turned out to vote.

Mr. Rao: I would like Mr. Greene to tell me what the budget was before the two high school's merged.

President Maher: Your questions are more appropriate to be asked at the Board of Education meetings.

Ed Clayton: I think that we need a safety light at Morristown Ave./Route 34 and Amboy Road.

Councilman Sohor: The State has been working on a set of plans to rectify that situation. As of a couple of weeks ago this project was scheduled to go on the funding list for the next fiscal year. Hopefully we will see the construction start in a year or two. The idea is to bend the angels so that they will form a normal "T" intersection with a traffic light.

Mr. Clayton: Can we do something in the meantime?

Mr. Badcock: We can have Traffic and Safety take a look at it.

Councilman Hoff: The plan for Birchwood and Route 35 was approved three years ago and they haven't done anything there so far. I think that we should get a traffic study from the police.

PROCLAMATION

Police Week/Peace Officers Memorial Day

Mr. Badcock presents the following proclamation to Lt. Colleen McNamara of the Old Bridge Police Department.

Whereas, our law enforcement agencies play an essential role in safeguarding the rights and freedoms which have been guaranteed by the Constitution to every American citizen; and

Whereas, it is important that people throughout our country know and understand the problems, duties and responsibilities of their police departments and that members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder and by protecting the innocent against deception and the weak against oppression or intimidation; and

Whereas, the Congress, by a joint resolution, has designated the week of May 13 through 19 as Police Week in recognition of the contribution the police officers of America have made to our civilization through their dedicated and selfless efforts in enforcing our laws and has also designated May 15th as Peace Officers Memorial Day in honor of the Federal, State and Municipal peace officers who have been killed or disabled in the line of duty; and

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge Township, Middlesex County, New Jersey, do hereby call upon the people of our community to observe the week of May 13 - 19, 2001 as Police Week commemorating police officers past and present who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities.

I further call upon the people of Old Bridge to observe May 15, 2001 as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty.

HEARING

Release/Reduction Performance Guarantee - Deer Run

Mr. Iglesias: This is a development of twenty six homes and the developer has already issued 18 certificates of occupancy. There is no homeowners associations yet, I assume that there will be because there is a detention basin in this subdivision. Normally, there would be a recommendation to release a portion of this money, however, it has been my policy for a while that if we receive complaints from the residents we have recommended denial. That is what I am doing today. We received two letters, from 28 Samantha Circle; about grading and drainage conditions that require more than mild action from the developer. The developer responded to the complaints and when we went to check it out, it was not to our satisfaction, so that still has to be completed. The second complaint from 25 Samantha Circle was about drainage and grading. These are the types of problems that, if they are not taken care of properly, they can cause on a tremendous headache at the end of the project. My recommendation at this point is to wait until at the very least, these two issues are taken care of.

MOTION

by Councilman Hoff to deny reduction on the advice of the Engineer, NO SECOND - NO VOTE TAKEN

Jonathan Heilbrunn; Attorney for the Applicant: This is a 26 home development, where 20 homes have certificates of occupancy. There are 18 homeowners that did not think it was necessary to write letters to the council about problems. My client has posted a performance guarantee is excess of $585,000.00 and has deposited $58,000.00 in cash with the township. As Mr. Iglesias said all the improvements are in place and accepted and inspected. Although there are complaints from 2 homeowners, Mr. Iglesias has told you in his opinion that 64% of the project has been successfully and satisfactorily completed. We are not asking for a release of this guarantee, we are asking the council for what Mr. Iglesias has stated we should be entitled to; which is 64% of the bond. That will leave a substantial portion of the money with the township to ensure that Mr. Weber will return and complete the drainage improvements on the two lots in question. The builder did go back and attempt to resolve the problem and Mr. Iglesias and his staff were not satisfied with that. Mr. Weber would like to have his engineer look at what was done to and meet with Mr. Iglesias and figure out a better way. We are not walking away from the project. We think that if Mr. Weber did 64% of the improvements we would like the council to reduce the bond for the appropriate amount.

President Maher opened the public portion. Seeing no hands President Maher closed the public portion.

Councilwoman Hegarty: Nelson, in your letter your evaluation for the purpose of bond reduction is 64%.

Mr. Iglesias: Yes. As I said, if this is not taken care of now, this will come back to you, also, now is the time to take care of these things, before all the CO's are given. Yes, these are two common problems that can be handled quickly, so why can't the developer commit to do it before next month. He can come back in a month and have a recommendation from me to reduce.

Mr. Weber: I have no problem with coming back next month. A few days before the March meeting these two letters came in and I immediately faxed a letter to the engineer telling them the pictures they received are over a year old. I pointed out that there was no way that his department would issued a C/O, neither would Freehold Soil. If we put this off for another month I am sure that I won't hear anything from the engineer's department. If you notice the two people that made these complaints aren't here tonight. Nobody from the Engineers Department, since last March has made an attempt to get in touch with these two homeowners. I was told that Kowalski was happy with the attempt I was making to correct the problem. The bond is in place and it will be years before I get off the bond. I am still on the bond from Prest's Mill Road for seven years. There are always residents that are not happy. I would like you to be assured that these problems will be taken care of.

Councilwoman Hegarty: Nelson, when was the last time someone from your office saw the properties?

Mr. Iglesias: A couple of days ago. When I write a report and come before you, I like to be clear and that I have investigated the situation to my satisfaction; it may not be satisfactory to the builder but I do try and be fair with the builder. The procedure with any development is that once we receive letters, we call a meeting with the ward council person, the homeowners association and my office before they come before you. I like to make a punch list for the developer and give them enough time to do what needs to be done. My job is to make sure that everything on the plan has been done properly. There is a difference of opinion here as to was it correct and what isn't. When I say it is not acceptable it is because is does not follow the approved plan or that I think it will be a problem for those people in the future.

Councilwoman Hegarty: When was the last time you were there?

Mr. Iglesias: Two days ago.

Councilwoman Hegarty: It is still not up to standard?

Mr. Iglesias: No.

Mr. Weber: I think what Nelson is saying is correct, but these people are not moving in tomorrow, they moved in seven months ago and people from his department okayed it for them to move in. There was not a pile of dirt on the property then.

Mr. Iglesias: When I issue a C/O it means that in my opinion, it is safe to move in, that's all.

Councilman Redmond: Your report states that for the purpose of bond reduction is 64%. Since this is a request for bond reduction a punch list is not appropriate at this time. On the second page you state that you do not recommend reduction at this time. Are you recommending a reduction of 64%?

Mr. Iglesias: No. The report is the facts. We have forwarded you the letters and we are not recommending release.

Councilman Redmond: Is the detention basin eventually going to be taken over by the township?

Mr. Iglesias: No.

Mr. Heilbrunn: On 1 of the 27 lots the home comes with the storm water management facility.

Councilman Redmond: That homeowner is going to take care of the detention basin?

Mr. Heilbrunn: Yes, in perpetuity.

President Maher: I don't know if we can deny this reduction.

Attorney Ruggierio: No application can be made by any developer unless the base course and the drainage improvements are installed. Under those condition the developer can ask for a reduction. The Township Engineer would go out and write a report and indicate whether a reduction or release is indicated. As a matter of law, if the township engineer has determined that 64% of the site improvements are installed, you are obligated to do a reduction up to 70% of the original bonded amount. I don't know that what I heard tonight constitutes a basis to deny a reduction.

Councilman Testino: Nelson, have you performed a cost estimate to repair the problems?

Mr. Iglesias: No, if we allow a reduction of 60%, we will have about $22,000.00 left in cash.

Councilman Testino: Would that be sufficient?

Mr. Iglesias: Yes for these two problems, but we are not finished yet. Normally I would recommend a reduction here, but there are still seven homes to finish. I would also remind you that this type of problem is very hard to resolve once this subdivision is finished. I don't know if the $22,000.00 would be sufficient to handle whatever problems we have at the end?

Mr. Heilbrunn: I would also remind council that there is $220,000.00 in bond that the township will continue to hold.

Attorney Ruggierio: I hope that you will consult with your client about the bond that he was talking about earlier that is 7 years old. It doesn't seem correct that we would be holding bonds that are seven years old.

Mr. Heilbrunn: I spoke to Mr. Sumal yesterday about another development that there is a cash bond and paper bonds for about twenty years.

Attorney Ruggierio: The mayor has directed that the engineering department assemble a list of all the old bonds so that we can address them, I think it would be a great thing if the developers would be pro active.

Councilman Butler: Would you consider reducing part of the 64%?

Mr. Iglesias: I have no problem would that...

President Maher: Would $200,000.00 cover the remaining houses to be built?

Mr. Iglesias: Yes, but the cash portion is only $22,000.00. You would have to go after the bonding company.

Councilman Sohor: When I came on this council we had a similar problem with Prest's Mills development, it speaks to me as pattern. The complaints that the homeowners had at that time are very similar to what I see in the Deer Run complaint. Problems that seem simple in the beginning of the project drag on and on after people landscape and add decks and people don't want to wait to start improving their houses. If we deny the reduction tonight I think it is a great incentive to complete whatever they need to get done, so that the engineer can sign off on it. I am going to vote against this reduction.

Councilwoman Hegarty: Were the two parties that made the complaints contacted about tonight's meeting?

Mr. Iglesias: Yes.

Councilwoman Hegarty: Then they could of been here for the hearing.

MOTION

to take no action at this time by Councilman Hoff, seconded by Councilman Sohor and so ordered on the following roll call vote:

AYES: Councilmen Butler, Greene, Hoff, Redmond, Sohor.

NAYS: Councilmen Cucchiara, Testino, Councilwoman Hegarty, President Maher.

CONSENT AGENDA

Memorialize CDBG Hearing of 4/23/01

RESOLUTION #221

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

WHEREAS, a public hearing was held on April 23, 2001 to discuss the Community Development Block Grant (CDBG) Annual Action Plan; and

WHEREAS, the Township Council accepted the CDBG Annual Action Plan.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Community Development Block Grant hearing of April 23, 2001 is hereby memorialized.

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

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

NAYS: None.

Authorizing filing of 2001 application for Community Development Block Grant

RESOLUTION #222

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

WHEREAS, certain Federal Funds are potentially available to the Township of Old Bridge under Title 1 of the Housing and Community Development Act of 1974 as amended through 1985, commonly known as Community Development Block Grants;

WHEREAS, it is necessary to submit an application on behalf of the Township of Old Bridge and its residents to benefit from this program; and

WHEREAS, two public hearings were held on March 1, 2001 at the Bush Center at 2:30 p.m. and the Laurence Harbor Library at 5:00 p.m. in accordance with the Citizens Participation Process as set forth in the Township's Consolidated Plan and Federal Regulations to obtain the views of citizens on Community Development and Housing Needs of the Township of Old Bridge; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township shall submit the 2001 application for funding under the Community Development Act of 1974 a amended through 1985, in the amount of $368,000 plus $40,000 program income on behalf of the Township of Old Bridge and its residents for participation in Federal Funding; and

BE IT FURTHER RESOLVED that the Mayor of the Township of Old Bridge shall be and is hereby authorized to execute said application on behalf of the Township of Old Bridge and the Clerk shall be and is hereby directed to attest said application and affix thereto the corporate seal of the Township of Old Bridge.

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

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

NAYS: None.

To change Council Meeting Dates: Reinstate Monday, June 4th 8:00 P.M. - Agenda Meeting; Change Combined Meeting of June 11th at 7:30 P.M. to a Regular Meeting at 8:00 P.M. (Leave Agenda Meeting of June 18th at 8:00 P.M. which was previously scheduled) Change time of June 25th Regular Meeting from 8:00 P.M. to 7:00 P.M.

RESOLUTION #223

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

WHEREAS, the State of New Jersey has changed the date for the Primary election from June 6, 2001 to June 26, 2001; and

WHEREAS, it is therefore necessary to amend the 2001 Meeting Schedule of the Old Bridge Township Council as follows:

June 4, 2001 - Agenda Meeting starting at 8:00 p.m.
June 11, 2001 - Regular Meeting starting at 8:00 p.m.
June 18, 2001 - Agenda Meeting starting at 8:00 p.m.
June 25, 2001 - Regular Meeting starting at 7:00 p.m.

NOW THEREFORE, BE IT RESOLVED that the Old Bridge Township Council Meeting schedule for the year 2001 is hereby amended.

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

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

NAYS: None.

Board of Fire Commissioners - Waiver of Permit Fees in the amount of $2,848.00 for the construction of a building for Fire District No. 3.

RESOLUTION #224

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township's portion of construction permit fees for the renovation of a building for Fire District No. 3 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 Councilwoman Hegarty and so ordered on the following roll call vote:

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

NAYS: None.

Cancellation of Appropriation Balance for Safe Housing in the amount of $31.15

RESOLUTION #225

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

WHEREAS, Safe Housing Grant has a remaining outstanding balance; and

WHEREAS, it is necessary to formally cancel the outstanding appropriation balance listed below:

SAFE HOUSING GRANT

Safe Housing Grant: $31.15

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed appropriation balance totaling $31.15 be canceled.

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

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

NAYS: None.

Final Change Order for Contract #99-28 awarded to Pioneer General Contracting Co., Inc., in the amount of $695.00 for adjustment of quantities and installation of pole and light meter (from $190,305.00 to $191,000.00 = .036%) (CERT. #961) (AFFIRM. ACT.)

RESOLUTION #226

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 Pioneer General Contracting Co. for construction of slope stabilization and pedestrian access; and

WHEREAS, Pioneer General Contracting Co. has requested a change order #1 (final) which increases the contract amount for Contract 99-28 by $695.00 for construction of slope stabilization and pedestrian access. This amount increases the contract from $190,305.00 to $191,000.00.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the total amount of Contract 99-28 is hereby increased from $190,305.00 to $191,000.00 as set forth in the Change Order #1 attached.

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

ORIGINAL CONTRACT $190,305.00

CHANGE ORDER 695.00

NEW TOTAL AUTHORIZED $191,000.00

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 Councilwoman Hegarty and so ordered on the following roll call vote:

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

NAYS: None.

Awarding contract for Professional Services to Environmental Resolutions, Inc., for assistance to Township Engineering Dept. on planning review (NO CERT REQD. - Paid out of Escrow.)

RESOLUTION #227

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 Engineering Department requires assistance for Planning Board review; and

WHEREAS, Environmental Resolutions, Inc. is a licensed New Jersey firm which is recognized as capable and available to undertake such work; 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. The firm Environmental Resolutions, Inc. be and hereby is awarded a contract for assistance to the Township Engineering Department for Planning Board review. This award shall be for an amount as per the attached fee schedule.

2. The amount of the contract is contingent upon the funds being paid out of escrow.

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. 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 AA301 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 Councilwoman Hegarty and so ordered on the following roll call vote:

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

NAYS: None.

To rescind Resolution #194-01 - Authorizing sale of property to Foxborough Village.

RESOLUTION #228

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

WHEREAS, on April 23, 2001 the Township Council of the Township of Old Bridge has authorized the sale of the property known as Block 16004, Lot 52 on the Tax Map of the Township of Old Bridge; and

WHEREAS, pursuant to Local Land and Buildings Law N.J.S.A. 40A:12-1, et seq. The sale of this property should be authorized by Ordinance providing that such property be sold at public auction.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows that resolution #194 passed on April 23, 2001 authorizing the sale of the property known as Block 16004, Lot 52 on the Tax Map of the Township of Old Bridge is hereby rescinded

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

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

NAYS: None.

Bingo/Raffle - (Application to amend St. Ambrose Church Bingo Dates & St. Ambrose Combined.)

RESOLUTION #229

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

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

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

BA44-01A Application to Amend St. Ambrose Church

(Bingo Dates)

RA58-01 St. Ambrose Combined $ 10.00
RA59-01 St. Ambrose Combined $140.00

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond, Councilwoman Hegarty.

St. Ambrose Banner Placement - Authorizing placement of carnival banner on utility poles from June 5, 2001 to July 1, 2001.

RESOLUTION #230

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 wishes to enter into an agreement for the Township of Old Bridge to temporarily attach certain banners to utility poles which are owned and occupied by GPU Energy prior to and during the St. Ambrose Carnival; and

WHEREAS, the carnival will be held from June 19, 2001 through June 23, 2001; and

WHEREAS, the aforementioned organization has made application to GPU Energy to temporarily attach certain banners to utility poles for a period of three weeks and shall be removed promptly at the end of the specified period.

WHEREAS, the members of the Township Council were polled by telephone with six members voting in the affirmative and three members abstaining.

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

1. The Mayor and Township Clerk 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.

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond, Councilwoman Hegarty.

Old Bridge Township Raceway Park - Permission to hold fireworks display on:

Wednesday, June 6, 2001 Wednesday, August 8, 2001
Wednesday, July 11, 2001 Saturday, September 15, 2001

RESOLUTION #231

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

WHEREAS, Raceway Park has requested permission to have a fireworks display conducted by Garden State Fireworks, Inc. June 6, 2001; and

WHEREAS, the Township Council wishes to endorse and permit a fireworks display at Raceway Park;

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, hereby approves the fireworks display contingent upon receipt by the Township Clerk of a Certificate of Liability Insurance for Garden State Fireworks, Inc. covering the dates of the displays and upon receipt of a permit from the Fire Official from Fire District 3.

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

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

NAYS: None.

Prior to the vote the following discussion took place

Councilman Cucchiara: Why are we approving all these dates together? I think that we should do these separately. This Friday night he is having a fireworks display at Raceway Park and we have nothing in front of us tonight. They called the fire commissioner for a permit and the council didn't know anything. I think that we should do these one at a time so we can make sure there are no problems.

Councilman Butler: I have no problem with that.

Councilwoman Hegarty: I thought he wanted them all approved for advertising purposes.

Councilman Testino: I am more concerned that he is going to have a fireworks display without the proper permission.

President Maher: Well we are not acting on anything for Friday.

Councilman Hoff: I agree, lets do it one at a time.

President Maher: So we are just voting on June 6, 2001.

St. Ambrose Carnival - Tuesday, June 19, 2001 - Saturday, June 23, 2001

RESOLUTION #232

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

WHEREAS, permission is hereby granted to St. Ambrose to hold their annual Carnival from June 19, 2001 through June 23, 2001; and

WHEREAS, the Township's portion of permit fees and related fees in the amount of $100.00 for the St. Ambrose Carnival to be held June 19, 2001 through June 23, 2001 are hereby waived; and

WHEREAS, the Township Council cannot waive the State's portion of the fees and they shall be paid.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted for the said Carnival contingent upon:

Submission of a Certificate of Liability Insurance in the amount of One Million Dollars ($1,000,000.00) naming the Township of Old Bridge as certificate holder.
All necessary permits to be obtained through the offices of Code Enforcement, Health Department, Fire Official and Police Department as least 48 hours in advance of said Carnival.
Said Carnival to be held in conformance with Township Rules and Regulations.

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

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond, Councilwoman Hegarty.

Approval of fireworks - St. Ambrose Carnival Friday, June 22, 2001 (Rain date Saturday, June 23, 2001)

RESOLUTION #233

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

WHEREAS, St. Ambrose Church has requested permission to have a fireworks display conducted by Serpico International on Friday, June 22, 2001 (rain date June 23, 2001); and

WHEREAS, the Township Council wishes to endorse and permit a fireworks display at St. Ambrose Church.

NOW THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby approves the fireworks display contingent upon receipt by the Township Clerk of a Certificate of Liability Insurance for Serpico International covering the dates of the display and upon receipt of a permit from the Fire Official from Fire District 3.

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond, Councilwoman Hegarty.

Professional Service Contract T & M Associates for the drainage problem - Cliffwood Way in the amount of $3,800.00 (CERT. #962) (AFFIRM. ACT.)

RESOLUTION #234

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 drainage problems at Cliffwood Way; and

WHEREAS, T&M Associates 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 T&M Associates for purposes of providing the services for drainage problems at Cliffwood Way; 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 T&M. Associates in an amount not to exceed $3,800.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #962 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 AA301 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 Hoff, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: None.

Prior to the vote the following discussion took place

Councilman Hoff: This is for the serious flooding in the Paul's Beach area. There were questions whether it was caused by the waterfront construction and it was determined that it wasn't. The engineers from the county and ours all agreed that the problem was a seal in the gate valve. This contract with T&M will deal with the drainage problems and determine if the seal needs replacement or new installation. This has to be tied in thoroughly with the Army Corps of Engineers and we need their approval. This is not the end design but we need to do now.

Mr. Iglesias: Inaudible to the stenographer present and on the audio tape.

APPOINTMENT

Rent Stabilization Board Appointment - (Tenant Appointment)

Councilman Butler: There have been no resumes received and I don't know anything about this appointment.

MOTION

To table by President Maher, seconded by Councilman Testino and so tabled on the following roll call vote:

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

NAYS: None.

ORDINANCE FOR SECOND READING

ORD. #27-01 Excluding trucks from the streets of Highpointe Development TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 27-01

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE EXCLUDING TRUCKS
FROM THE STREETS OF THE HIGHPOINTE DEVELOPMENT EXCEPT FOR PICKUP AND DELIVERY OF MATERIALS

Section 1. Purpose

The Ordinance amends Chapter X of the Code of the Township of Old Bridge to include the streets of the Highpointe development in the list of streets where the trucks over four tons gross weight are excluded, except for pickup and delivery of materials, contained in Schedule V.

Section 2. Amendment

Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule V thereof (incorporated by reference in Code Section 10-5) with the following:

Name of Street Location

Highpointe Way - Entire Length
Kara Court - Entire Length
Lysbeth Lane - Entire Length
Trish's Court - Entire Length
Kristen Court - Entire Length
Kelsie Court - Entire Length
Brandywine Drive - Entire Length
Tyler Lane - Entire Length
Winding Brook Drive - Entire Length

Section 3. Inconsistent Ordinances

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

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

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

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

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

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

NAYS: Councilmen Sohor, Testino.

Prior to the vote the following discussion took place

Councilman Hoff: I have received an awful lot of calls on this ordinance and now we have a similar situation in south Old Bridge. There are conflicting reports and now people who have signed the petition want their names removed. I think that we need to do more investigating on this before we take any action. I think we should table this and refer it to a committee.

ORDINANCE FOR SECOND READING

ORD. #28-01 To permit parking on Pendleton Place

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 28-01

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE REINSTATING PARKING ON THE NORTHERN SIDE OF PENDLETON PLACE

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

SECTION 1: PURPOSE

The purpose of this ordinance is to amend Chapter X, Schedule 1 of the code of the Township of Old Bridge to reinstate parking on the northern length of Pendleton Place in accordance with the approval of Department of Transportation issued April 2, 2001.

SECTION 2: ORDINANCE

Parking shall be permitted on the entire length of the northern side of Pendleton Place. The listing for Pendleton Place in Chapter X, Schedule I, of the Code of the Township of Old Bridge, indicating that parking is prohibited on both sides of the street is hereby deleted and replace with following:

Names of Street Side Location

Pendleton Place South Entire Length

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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 was 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 and emergency and at least two thirds (2/3) of all the members of the council vote in favor of such resolution.

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

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

NAYS: None.

President Maher opened the public portion.

Kiran Desai: I support this ordinance.

Seeing no further hands President Maher closed the public portion.

ORDINANCE FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 29-01

An Ordinance of the Township of Old Bridge Authorizing Acquisition of Real Estate Interest
(Lambertson Tract - Block 10252, Lot 4 and Block 11250, Lot 1.12)

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

Section 1. Pursuant to NJSA 40:12-5 the Township of Old Bridge is hereby authorized to acquire by purchase, gift or condemnation the lands/premises known and described as Block 10252, Lot 4 and Block 11250, Lot 1.12.

Section 2. The Mayor, Township Clerk and Director of Law are hereby authorized to take an action and to sign any and all documents necessary to carry out this Ordinance.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

Section 5. Effective Date.

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

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

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

NAYS: Councilman Hoff.

Prior to the vote the following discussion took place

Councilman Hoff: Does this ordinance mean condemnation?

Attorney Ruggierio: Yes. We are obligated under the statute to negotiate.

Councilman Hoff: Once we take condemnation action and it goes before a three judge panel, must we pay the cost they decide, or can we get out of the deal at that time?

Attorney Ruggierio: Once we file a declaration of taking we are obligated to pay the fair market value which is determined by the commissioners. That is true of every property that you authorize to acquire.

Councilman Hoff: Have we announced publicly the amount we negotiated for?

Attorney Ruggierio: No, I don't think so.

Mr. Badcock: No, all we have is a certified fair market value from the Green Acres program. It based on an analysis by the Green Acres certification staff.

Councilman Hoff: Is that public?

Mr. Badcock: Yes, it is $2,900,000.00.

Councilman Hoff: I am afraid to go into these condemnation cases, I think that we should stay with negotiations.

Councilman Testino: Are you intending on filing a notice of taking? Because then we would have to float the money.

Attorney Ruggierio: We would certainly have to have the money available to pay into court. I would think that this is in our interest to acquire this at the right price, given the market I think that we should file this promptly.

Councilman Testino: Are we prepared to float the money, Mr. Shah?

Mr. Shah: Once council approves the condemnation we will be going out and borrowing on a temporary note basis, because 50% of this will be refunded by Green Acres.

Councilman Testino: We will have to go out for 3 or 4 million until we get the title.

Mr. Shah: Yes, and then we will reduce the amount by the Green Acres grant.

Councilman Testino: Is this the last action that you will need from the council prior to filing the declaration?

Attorney Ruggierio: Yes.

Councilman Hoff: Is there any assurance the money will be there from Green Acres?

Mr. Shah: Yes, there are only cut backs in the future funding. This has already been committed to.

Councilman Hoff: Will we get the same benefit from Green Acres if we purchased the land outright?

Mr. Badcock: We have a commitment for 50% no matter how we acquire the property.

Councilman Hoff: Do you feel that the negotiations won't go any further?

Mr. Badcock: Yes, the land owner is an elderly woman who has lived here all her life and the person who is negotiating is her sole heir; a nephew, who lives in Arizona. He is not very accessible, we see him about every six months and talk on the phone rarely. As we have said in Executive Session, I am not convinced that they are willing sellers.

Councilman Hoff: Are they aware that you are considering condemnation?

Mr. Badcock: Mr. Ruggierio has had discussions with their attorney in Matawan.

Councilman Greene: Acquiring this property is nothing new, Mayor Cannon has stated publicly that she wants this for the town, it is supported by the Parks Department. It is my understanding that there has been some lack of real bargaining on the part of the current owner, I think that it is time that the Township aggressively go forward on this.

President Maher opened the public portion.

Ms. Evelyn Greene: I live adjacent to the Lambertson Farm and would like to know what the rush is in acquiring the land; given the age of Mrs. Smith? Will the use of this property be a permitted use in this area?

Mr. Badcock: There are two reason why we are trying to move on this, we have had this Green Acres commitment for two years and although I am sure of the intent of the property owner I am not sure of the nephew. We value Marion Smith as a citizen of this, she is a wonderful woman and we have stated from the beginning that the entire 55 acres where the house is would be kept in perpetuity as a lifetime estate for the rest of her life. Under no circumstances would we develop that land in Marion's lifetime.

Ms. Greene: Given her health it is a shame to go about the taking in this way. Will I be notified when you develop this land?

Attorney Ruggierio: The zoning ordinance is not something that binds the township, although I think that Mr. Badcock could take your name and notify you.

Ms. Greene: So I will have nothing to say.

Attorney Ruggierio: You will be blessed to be surrounded by a golf course.

Ms. Greene: If it is to be a golf course but I understand that it is not etched in stone. I still do not have sewers on Farrington Road and I would like some input on this property.

Mr. Badcock: If we do this with State funding, you can be guaranteed that it will remain as an open space facility forever.

Ms. Greene: Will there be sewers?

Mr. Badcock: Depending on the extent of the development.

Ms. Greene: There only two of us, my sister Dale Greene lives next door and this will affect us.

Mr. Badcock: We are aware of you and if the project moves we will be sure to keep you informed.

Seeing no hands President Maher closed the public portion.

ORDINANCE FOR FIRST READING

Ordinance Authorizing Sale of Block 16004 - Lot 52

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 30-01

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE
AND SETTING THE TERMS AND CONDITIONS OF SUCH SALE (Block 16004, Lot 52)

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

SECTION 1: PURPOSE

The Township of Old Bridge is the apparent owner to certain property known as Block 16004, Lot 52 on the Tax Map of Old Bridge. This land is no longer needed for public use and the Township Council desires to authorize the sale of the property at auction in accordance with N.J.S.A. 40A:12-13.

SECTION 2: AUTHORIZATION TO CONDUCT AUCTION: SALE PRICE

The Township Administrator is hereby authorized to conduct an open public sale at auction to the highest bidder in accordance with N.J.S.A. 40A:12-13. The minimum price for the interest which is authorized to be sold under this ordinance is $1.00.

SECTION 3: NOTICE

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

SECTION 4: OTHER TERMS AND CONDITIONS OF SALE

The Township of Old Bridge makes no warranty concerning the marketability or the insurability of title to the said parcel. In the event title of the Township of Old Bridge to the said parcel, or portion thereof, is not marketable or insurable at regular rates by a reputable title insurance company licensed to do business in the State of New Jersey, a successful bidder's sole remedy shall be the right to demand the return of any deposit paid to the Township of Old Bridge.
At least fifteen (15) days prior to the date of settlement, the successful bidder will provide the Township Attorney with the following:

A.) Preliminary report of title with legal description; and

B.) Current survey.

At least ten (10%) percent of the minimum sales price shall accompany bid, which may be by personal check. The balance of the bid price or purchase price shall be in cash, certified or official bank check, payable at the time of transfer of title, but in no event later then thirty (30) days after the date of the land sale; except in the event that the Township Attorney certifies to the Township that questions of title exist, in which event, payment shall be made within ninety (90) days after the date of land sale, unless further extended by resolution of the Township Council.
In the event a successful bidder shall fail to pay the balance as herein provided, the payment made at the time of sale shall be retained by the Township as liquidated damages for the non-performance of said bidder.
The sale of said land shall in no way obligate the Township to cut, grade, construct, improve or otherwise provide roads for the benefit of said land.
The form of conveyance of said land by the Township shall be a standard form of Quit Claim Deed. The successful bidder shall notify the Township Attorney in writing of any specific request for designation of grantees in said Deed. The right to reject any and all bids, including the highest bid, is reserved.
All sales and conveyances shall be subject to all covenants, conditions, easements, and restrictions, whether the record or not, as well as subject to all presently existing municipal rules, regulations and ordinances, including the Zoning Ordinance and amendments hereto of the Township of Old Bridge. The sale of any parcel shall in no way bind the Township to provide access or to improve presently existing accesses, whether there be public roads or not, nor is there any representation that, in fact, accesses do exist to any parcels named herein.
The Deed of Conveyance from the Township to the successful buyer shall contain the following restrictions:

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

B.) This property shall be utilized solely as open space.

C.) No improvements may be built on the property.

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

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

The Township Clerk shall make known the restrictions set forth in this section in the advertisement and invitation to bid and shall comply with the statute's direction to receive bids under "Option A and Option B" as provided in N.J.S.A. 40A12-13.

SECTION 5: AUTHORIZATION TO EXECUTE DOCUMENTS

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

SECTION 6: INCONSISTENT ORDINANCES

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

SECTION 7: PARTIAL INVALIDITY

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 8: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the 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.

Moved 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, Councilwoman Hegarty, President Maher.

NAYS: None.

Prior to the vote the following discussion took place

Councilman Cucchiara: Where is this?

President Maher: It is Foxborough.

Public Comments

Neil Piccolo: Why is the Highpointe truck ordinance being tabled?

Councilman Hoff: This is becoming totally confusing, people who have signed the petition are now asking to be taken off the petition.

Neil Piccolo: How many?

Councilman Hoff: Enough to cause me to reconsider and think maybe we are creating a neighborhood fight. This deserves our full consideration we can't just spot zone the township. We have received a similar request in South Old Bridge.