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Old Bridge Township Council

Regular Meeting

June 11, 2001

A Regular Meeting of the Township Council of the Township of Old Bridge was held on June 11, 2001 in the Municipal Complex.  The meeting was called to order at 8:00 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, June 18, 2001 at 8:00 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Cucchiara, Greene, Hoff, Redmond, Sohor, Councilwoman Hegarty, President Maher. Councilman Butler arrived late.

Approval of Minutes.

No. 254

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that: the following minutes are hereby approved:

5/07/01 - Agenda/Executive/Special
4/23/01 - Combined

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

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

NAYS: None.

ABSENT: Councilmen Butler, Testino.

ABSTAIN: Councilman Hoff.

No. 255 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 June 11, 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 June 11, 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 $8,314,491.22 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Butler, Testino.

No. 256 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 June 11, 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 June 1, 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 $663,742.69 (Payroll).

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

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

NAYS: None.

ABSENT: Councilmen Butler, Testino.

No. 257 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 June 11, 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 June 11, 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 $25,082.26 (Payroll Overtime).

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

AYES: Councilmen Cucchiara, Redmond, Sohor, Councilwoman Hegarty.

NAYS: Councilmen Greene, Hoff, President Maher.

ABSENT: Councilmen Butler, Testino.

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 May 2001:

DOGS:
2632-2810 1,418.00
Replacement 2632, 2637, 2792 1.50

CATS:
150-313 1,163.00

LICENSE:

Vending:

Snack - $5.00 each
#79 Wonka Vending 5.00
80 Allegro 5.00
81 Club 516 5.00

Soda -$10.00
#55 Wonka Vending 10.00
56 Allegro Vending 10.00

Amusement
126-129 Club 516 100.00

Hot Dog
Otterbine 50.00

Ice Cream
Harry's Ices 25.00
Mario's Ices 25.00
A&A Ices 25.00
Little Jimmy's Ices 25.00

Limousine:
1201-40 Elhalawany 35.00
1201-41 Farooq Ahmend 35.00
1201-42 Abdul Rauf 35.00
1201-43 Kranstov 35.00
1201-44 DVG Limo 35.00

Taxi Cab
Edward Clayton 50.00

Kennel
Jardo Kennel 25.00

535.00

BINGO/RAFFLE
RA - 58-01 St. Ambrose School 10.00
RA - 59-01 St. Ambrose School 140.00
RA - 60-01 Bayshore Italian American Club 10.00
RA - 61-01 St Thomas Church 310.00
RA - 62-01 St Thomas Church 10.00

480.00

Map
2 Street Maps

10.00

Liquor License - Renewals
1209-31-039-001 Friendly Sons of the Shillelagh 150.00
1209-31-040-001 Madison Park Volunteer Fire Co 150.00
1209-31-041-001 Matawan Italian American Club 150.00
1209-31-042-001 Old Bridge Lodge 485 150.00
1209-31-043-001 Old Bridge Columbian Club 150.00
1209-31-045-001 St. Lawrence Holy Name Society 150.00
1209-31-046-001 Browntown Columbian Club 150.00
1209-33-001-002 Outback/MidAlantic Joint Venture - Outback 1,576.60
1209-33-002-001 Arkay Bar 1,576.60
1209-33-003-008 The Oblisque Corp - Ticetown Liquors 1,576.60
1209-33-004-002 Sideline Lounge 1,576.60
1209-33-005-009 Murphy's Style Grill 1,576.60
1209-33-006-004 Sayrewoods Liquors - Bilows 1,576.60
1209-33-007-004 Janela Inc 1,576.60
1209-33-009-002 Country Hearth 1,576.60
1209-33-010-008 PCK Enterprises - Buy Rite Liquors 1,576.60
1209-33-012-005 Pine Tavern Inc 1,576.60
1209-33-016-007 STA of Lawrence Harbor - Gerity's 1,576.60
1209-33-017-002 Glenwood Country Club 1,576.60
1209-33-018-007 Eugene O'Rourke 1,576.60
1209-33-019-004 Billy Bud Associates - Madison Inn 1,576.60
1209-33-021-006 Pepperheads 1,576.60
1209-33-022-004 Ruby Tuesday's 1,576.60
1209-33-023-008 Big Ed's Bar B Que 1,576.60
1209-33-026-004 Birch Hill 1,576.60
1209-33-027-004 English Pub 1,576.60
1209-33-029-002 The Grand Marquis 1,576.60
1209-33-030-003 R Flynn Enterprises 1,576.60
1209-33-032-003 TGI Fridays 1,576.60
1209-33-033-006 Browntown Inn 1,576.60
1209-33-034-006 NJ Restaurant Services - Country Thyme 1,576.00
1209-33-035-005 TMJ Corp - After Dark 1,576.60
1209-44-013-004 Fairway Plaza Liquors 1,379.53
1209-44-020-006 Dody, Inc 1,379.53
1209-44-028-004 Liquor City at Old Bridge 1,379.53
1209-44-031-002 Market Boy 1,379.53

Transfer Applications
1209-44-013-002 Fairway Plaza Liquors - Person to Person 114.96
1209-33-011-006 Xanadu - Person/Person and Place/Place 262.76
TGI Friday - Place to Place 4.50

46,364.74

SEARCH
10 thru 11-01 20.00

MISCELLANEOUS:
Photocopies ( 2 rent stab ordinances) 92.00
Late Fees 354.00
Reimb Polling Place 450.00
School Board Reimb. School Election 1,845.58

Total: $52,733.82

Motion

to accept the Report of the Clerk made by Councilman Hoff, seconded by Councilman Sohor and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Butler, Testino.

Report of the Attorney.

Mr. Condon: No report.

Councilman Hoff: I appreciate that Mr. Ruggierio is away, but I have been contacted by the residents of Cheesequake Village Association, and it is our understanding that their attorney had requested more information. Can we supply that information?

Mr. Condon: I supplied Mr. Ferdun with copies of the maps. We are in the process of notifying the Barclay Square residents and are attempting to set up a meeting which should take place shortly. I don't want to give you a specific date that this will be finalized until all problems are ironed out and until we speak to the Barclay Square residents.

Motion

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

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

NAYS: None.

ABSENT: Councilman Butler

Preliminary public comments.

Mr. Thornton: I would like a clarification of a rumor that I have heard about Mr. Badcock wanting to eliminate the waiver of fees for the service volunteers.

President Maher: I believe that what we are talking about are the coaches and managers of our sports leagues.

Mr. Badcock: We are looking to see if there are certain programs that would not be included in this.

Ms. Clavering: I have submitted to the council and the mayor the criteria sheet for the day of recognition of citizens with disabilities. Thanks to the support of the members of council and Dennis Maher for assisting me in obtaining the site for the day of recognition which will be an award ceremony and picnic. It will be held in Geick Park on Sunday, July 29 from 12 - 5 p.m. I would also like to thank Councilman Butler who motivated me to write the criteria sheet. The plans are underway, and I have made contact with a few supermarkets. I await an answer to find out if we can obtain food for the picnic. I am soliciting support from many local merchants who would like to donate balloons, streamers or games. I am in the process of forming a committee to help me coordinate this important event to honor citizens with all disabilities in Old Bridge. Hopefully, we will forge ahead with an ADA committee to help these citizens, and I will report on any progress that comes along until July 29, and I appreciate the caring support of the members of the council and Mayor Cannon. I may be contacted at 727-7791. I will have an announcement on TV 70 bulletin board.

President Maher: We will have a resolution prepared for the next agenda on which you may make comments.

Mr. Campbell: I would like the status of the petition that I presented to the council on May 14.

Ms. Shepler: After Mr. Campbell's appearance I sent a request to Code Enforcement for a written report and requested a report from Traffic and Safety. I will report to council when I receive them.

President Maher: Councilman Butler chaired a committee meeting.

Mr. Campbell: Most of the residents of Lenox Avenue signed a petition regarding street parking in front of the vehicle owner's home. This had nothing to do with violations.

Ms. Shepler: This would have to be a violation of the zoning ordinance or this could be an overweight vehicle. That is why I asked both departments to look into this.

President Maher: We asked the attorney to review the ordinance to determine if there were any recourse that we could provide to Mr. Campbell.

Mr. Condon: I have looked into the ordinance to determine if there is a violation, and I cannot find one. I would like to speak to our code enforcement department.

Mr. Campbell: The petition has nothing to do with that. I am here to speak about trucks and trailers. This has nothing to do with commercial vehicles.

Councilman Redmond: We asked Traffic and Safety and the other departments involved to give us a list of streets that we could add. We wanted to update the existing ordinance with respect to overweight vehicles which would include the tractor trailers.

Mr. Campbell: I am speaking about trailers, i.e., a boat trailer.

President Maher: We don't have an answer for you yet.

Mr. Shepler: I have this flagged for before next Monday's agenda.

Mr. Campbell: This is a petition for an ordinance to be drawn specifically for Lenox Avenue. This is something that the homeowners on this street would like enacted.

Ms. Shepler: We cannot target one street. We have to address the more global issue; otherwise, the ordinance would fail for discriminatory purposes. This must be examined carefully. I ask that you be patient until I get the reports.

Mr. Condon: This request is for the limiting of the parking of commercial vehicles in front of residences. We have problems with people parking large boat trailers, and you would like those people to have to park those vehicles in front of their own home.

Mr. Campbell: This vehicle is parked in front of my house and not in front of the driver's home.

President Maher: We should have a response in a week or two.

Mr. and Mrs. Khanna (69 Middlesex Road, Matawan): Trucks are a very big problem on Middlesex Road especially on the section of the road that is owned by Old Bridge. This area has a very bad curve. Most of the residents on this road have been fighting this for many years, and nothing has been done. We need the approval of Old Bridge to have a weight limit imposed on this street.

Ms. Shepler: This was referred to Traffic and Safety who thought a four-ton weight limit could be supported on that road. However, Traffic and Safety wants to review this again because the weight limit will impact other streets in Old Bridge because when you close one road, you put the traffic somewhere else. Old Bridge may be impacted in a negative fashion. As soon as I receive the Traffic and Safety report, I will get back to council. This is only one road, and Matawan cannot do this on their own. They are leaning towards imposing the weight limit.

Mr. Khanna: Our home is two years old, but the floors shake and the windows rumble when a truck passes by. Many of the elderly residents have given up the fight (for a weight limit).

Mayor Cannon: The problem is that the only other through roads are in Old Bridge, and the traffic would have to be diverted to Disbrow Road.

Ms. Shepler: I have been in contact with the administrator in Matawan.

Mr. Khanna: The trucks will have to use Ravine Drive to get to Rt. 34. The main problem is that the street is so narrow and the turn is dangerous.

Mrs. Khanna: This may cause traffic on an Old Bridge road, but at least it will be on a main road.

President Maher: We will have an answer for you shortly.

Councilman Testino: I would like to receive a designation of that road.

President Maher: We will work with you.

Ms. Rose: What is the status of the request from the Old Bridge Marching Knights for funding?

President Maher: We put this on our agenda meeting last Monday. We received a letter from the recreation advisory board stating that this did not meet the qualifications. Based on that letter, the council has decided not to move forward.

Councilman Testino: I think that is not a fair rendition of what we heard. We were told that there was a letter sent in December that was withdrawn.

Ms. Rose: The first year we sent a letter of request to council but was told to send it to the Recreation Department because the money was in that line. No one ever said that we needed to send it to both the council and to Mr. Badcock. Mr. Badcock told me that he was waiting for council to do something. We are trying to get funding for the band. We have a fund raiser underway to sustain us. We are asking the public to donate blank ink cartridges. I have been in contact with the Recreation Department and with council. What has changed from last year?

President Maher: I received this last week from Mr. Badcock and put this on the agenda.

Mr. Badcock: There was a letter last year from the rec. board stating that this did not meet the criteria.

Councilwoman Hegarty: We were to review the criteria so that we did not have this problem every year.

Councilman Testino: We did not know that Ms. Rose has been waiting for a response since December.

Councilman Hoff: We have a criteria for approval for these grants, and this organization did not meet the criteria. The fact that you sent a letter in December with no response means that this evidently was tabled. When you sent another letter in May, Mr. Badcock referred this to us.

Ms. Rose: You have supported us for the last two years. I have been working on this since March. It is frustrating trying to get funds from the township. Mr. Badcock has the money in his budget, and the council did agree to support us the last two years. If this does not meet the criteria, why were the other funds distributed?

Councilman Testino: I was told that this event happened in May.

Ms. Rose: We have not paid the bill yet.

President Maher: I will put this back on for the next agenda meeting.

Councilman Redmond: Can we get the recreation committee to tell us where this group is deficient in the criteria?

Councilman Testino: According to our ordinance there should be regional competition involved. The rec. committee felt this group did not meet the competition levels. Their point being that there are different ways these organizations compete as opposed to athletic organizations. We may need one standard for athletics and another for the arts.

Ms. Rose: What do you mean by "regional"? This competition was held in Massachusetts, and there were organizations from the tri-state area. Everyone takes a turn hosting this type of event. Please explain what we need to do.

President Maher: I shall put your letter on our June 18 agenda meeting for a vote. Mr. Redmond has asked Mr. Badcock for a clarification of the rec. committee's point of view and why they felt that this did not make the criteria. I understand that we funded the organization last year.

Ms. Rose: The attorney mentioned that the township had to receive something back. The State Assembly gave us a proclamation pronouncing how well Old Bridge is doing in educating their young, and how well the township supports its youth.

Councilman Hoff: This is a school sponsored activity. The township has a very restricted budget. Have you not made the same appeal to the school board? Do they have a slush fund for this money?

Ms. Rose: I have spoken to the Board of Education. They have given us nothing because they have told me they do not have the funds.

Councilman Hoff: Would you be happy if we said that?

Ms. Rose: No, I would not.

Councilman Hoff: Why not go back and tell them that you saw their budget.

Ms. Rose I also know that you have money on a line item for the support of the youth of the township. I am trying to make it a point to never come back here.

President Maher: Our guidelines are not clear with respect to funding individuals and organizations who do succeed from an athletic or scholastic point of view. We need to take a look at the ordinance which was sponsored six years ago. We need to make this clear that when organizations make this request, they meet the guidelines for funding. We will make modifications to the ordinance if we have to.

Councilman Cucchiara: You have to understand that the Board of Education has a $90 million budget, and the Old Bridge and Laurence Harbor little league don't have that kind of money. The leagues that come to us operate on a strict budget.

Ms. Rose: I can assure you that the amount of money that the Board of Education allots to the marching band is probably half if not less than what the little leagues have. They cannot afford to fund their own instruments. I passed the information about the ink cartridges to Mr. Greene last week. We are trying to put something together to put on cable television. This is supposed to be a lucrative fund raiser.

Guest. Dennis Cerami - Middlesex County Health Department re: Tobacco

Mr. Cerami: I work for Middlesex County Public Health as a tobacco control coordinator. I work off the state grant from the Master Settlement Fund. I cover the twenty municipalities that have contracted with the county. I reviewed many ordinances, and found Old Bridge's very interesting. There is a lot of legislation, but nothing has been passed yet regarding penalties for youth who might buy tobacco products or who may be caught smoking tobacco products. Yours is the only municipality who has an ordinance on the books regarding that issue. The state legislator is saying that this is not the route they want to take at this time. They want to educate merchants not to sell the cigarettes. A random list comes to the county with approximately four hundred locations where we visit with a youth who asks for a pack of cigarettes. If a sale is made, the inspector informs the merchant that he has broken the law by selling cigarettes to a minor, and he is summonsed. Old Bridge had forty-seven attempts last year. Out of that we had fifteen buys which is a 32% non-compliance. New Brunswick, North Brunswick and Plainsboro are under the 30% noncompliance The statistics are not that fair because this is a random list. The inspectors may have hit forty-seven locations in Old Bridge, but only ten in South Amboy.

I have visited most of the merchants in your community and distributed literature. You have an ordinance banning vending machines with the exclusion of those with electronic locking devices. Old Bridge is heading in the right direction. Your ordinance with respect to the sale to minors would be proven effective only when we determine how many minors had been issued a summons or how many parents were notified to that effect. The problem is education of the merchants. I request that you look at other areas. Highland Park has an ordinance providing for a smoke free work place regardless of the number of employees.

There is a program called Communities Against Tobacco. Pick an active park in your community and designate that as "smoke free". We will clean up the entire park making it free of cigarettes butts. We would erect a sign stating "Smoke Free Park - Sponsored by the Community Against Tobacco". This demonstrates that you recognize the health risks associated with tobacco. South Amboy is participating. Dunellen is going to do this with Columbia Park. The funds are limited for this program.

We are asking the communities to be creative. I am not asking you to spend taxpayer dollars and have to go to court if you try to stop smoking in bars and restaurants. You can ban smoking in any public place - that could be any place that does not have a liquor license. Businesses are now realizing that patrons want to be in a smoke-free environment. You may be helping establishments make that decisions. This takes a lot of time and effort.

President Maher: It is disappointing to know that we don't have statistics. We were a trend setter in Middlesex County with my sponsorship of the ordinance which prohibits the use of tobacco products for children under eighteen. There have been announcements at school events that there is no smoking allowed. Special summons books were to be purchased by the police department. The enforcement agency is the Middlesex County Health Department. For a first offense, literature was to be sent to the child and his parents about the danger of smoking tobacco products. You are telling me that the process is broken.

Mr. Cerami: I have not seen a list of violations or any reports. I will look into that. How many administrators in the school are enforcing this law?

President Maher: When we passed this ordinance, we met with the school officials. They were very positive about this ordinance. I monitored the program for the first six months; there were warnings issued.

Ms. Shepler: I will ask the police department about this.

President Maher: (to Mr. Cerami) Please get back to us in two weeks.

Councilwoman Hegarty: We are all taking steps to try to prevent our youth from smoking. Every level of government is involved in an anti-tobacco campaign. We spend money on literature and advertising. Why does the federal government allow tobacco to be sold?

President Maher opened a public portion on all items slated for action at this meeting including the Consent Agenda, Ordinance for Second Reading and Liquor Licenses.

Mayor Cannon: What is the status of Madison Inn?

Councilman Testino: This was a transfer from son to father.

Deputy Clerk Ward: This is an inactive license.

Consent Agenda.

No. 258 Authorizing application to DCA for Annual Therapeutic Recreation Grant Funding.

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 desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for approximately $150,233.34 State with $20,561.66 local share for a total contract of $170,795.00 2002 to fund the Robin Therapeutic Recreation Program.

BE IT RESOLVED that the Township of Old Bridge does hereby authorize the application for such a grant and upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of the agreement, and upon receipt of the fully executed agreement from the Department of Community Affairs does further authorize the expenditure of such funds pursuant to the terms of said agreement between the Township of Old Bridge and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED that the Mayor and the Director of Parks and Recreation are authorized to sign the application and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

No. 259 Opposing Assembly Bill A-3366 - Development Application under Land Use Law.

RESOLUTION

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

WHEREAS, the Township Council is aware of legislation pending, Assembly Bill A-3366 which would hold development applications harmless from certain changes in development regulations adopted after determination of completeness under Municipal Land Use Law; and

WHEREAS, the passage of said bill would be detrimental to the public interest and would effectively eliminate the "time of decision" rule with respect to the applicability of ordinances, statues and regulations to development applications and would grant a new protection to developers; and

WHEREAS, the Township of Old Bridge wishes to express their opposition to the passage of said bill and urge both the Assembly and Senate not to pass such legislation and further urge Acting Governor Donald T. DiFrancesco to veto said legislation if passed.

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 strongly opposes A-3366 and urges both the Assembly and Senate of the State of New Jersey not to pass such legislation and further request that if said legislation be passed that Acting Governor Donald DiFrancesco veto said legislation; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to Acting Governor and President of the New Jersey State Senate Donald T. DiFrancesco, Speaker of the New Jersey General Assembly Jack Collins and Assemblymen Joseph Azzolina and Samuel D. Thompson.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

No. 260 Canceling receivable balance in the amount of $2,201.08 and appropriation balance in the amount of $2,201.08 for the Occupant Protection Project.

RESOLUTION

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

WHEREAS, Occupant Protection Project has a remaining outstanding balance; and

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

OCCUPANT PROTECTION PROJECT

Receivable $2,201.08

Appropriation $2,201.08

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed grant totaling $2,201.08 receivable and $2,201.08 appropriation be canceled.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

No. 261 Rejecting Bid for Contract No. 01-03 Bunker Hill Drive Improvements received by Lucas Brothers, Inc. in the amount of $74,500.00.

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 solicited bids in connection with Contract No. 01-03, Bunker Hill Drive Improvements; and

WHEREAS, the one bid proposal was received on May 15, 2001; and

WHEREAS, the bid proposal substantially exceeded the estimated cost of the improvements; and

WHEREAS, the Township Council wishes to reject the only bid received for the Bunker Hill Drive Improvements.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the bid received with respect to the proposed contract for the Bunker Hill Drive Improvements is hereby rejected and the Township Clerk may return the bid bond.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

No. 262 Awarding contract No. 01-09 for the 2000-2001 road resurfacing to Intercounty Paving Associates in the amount of $508,421.90.

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 advertised and received bids for Contract #01-09 for road resurfacing; and

WHEREAS, bids were received and opened on May 29, 2001; and

WHEREAS, the Township Council wishes to award the contract for road resurfacing to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to Intercounty Paving Associates, L.L.C., located at 859 Willow Grove Street, Hackettstown, New Jersey 07840 as they submitted the lowest responsible bid.

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. Intercounty Paving Associates, L.L.C. is hereby awarded a contract in the amount of $508,421.90 for road resurfacing.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #968 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.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

No. 263 Supporting Assembly Bill 3506/Senate Bill 2450 providing a structural change in the Public Employees Retirement System by changing the multiplier ratio for normal service retirement and permitting employees to fund the Enhanced Benefit.

WHEREAS, the State of New Jersey offers public employees a contributory defined benefit retirement system as permitted by the Internal Revenue Code and funded through contributions made by both employers, employees and investments; and

WHEREAS, the current system was created in 1942 and provided service retirement membership to receive a benefit based upon 1/70th for each year of credible service times for final average salary; and

WHEREAS, on July 1, 1953 the benefit structure was changed to provide for 1/60th for each year of credible service times the final average salary; and

WHEREAS, the proposed legislation A3506/S2450 will change the multiplier ratio of 1/55th for each year of credible service times the final average salary; and

WHEREAS, the Public employees Retirement System has a combination of surplus funds and excess market assets equal to $7.225 billion dollars and employers have received a "holiday" for the past six years and have not been required to make a contribution; and

WHEREAS, employees on average have continued to contribute in excess of 250 million dollars each year helping to create the excess surplus and greater market value which is reported in the latest valuations; and

WHEREAS, employees will continue to contribute in excess of 200 million dollars a year as a method to purchase the enhanced benefits which are to be provided in accordance with the proposed legislation.

NOW, THEREFORE, BE IT RESOLVED by the State of New Jersey according to the following:

1. The proposed legislation is viewed as revenue neutral and will permit employees to purchase an enhanced benefit through continued contributions to the Public Employees Retirement System.

2. The current multiplier for Public Employees Retirement Systems (1.67) is below the national average and the proposed legislation will bring New Jersey close to the national average which is 1.89% of the final average salary.

3. The legislation is supported because it provides a first step towards equalizing the Public Employees Retirement System with other systems administered by the State of New Jersey all of which have recently received enhancements.

4. The legislation will provide a much needed relief for those service retired members who on average receive a pension of $9,550 a year which in light of today's economic pressures is insufficient.

5. The proposed legislation will serve as an endorsement for creative and talented employees to continue their career with State and Local Government thereby enhancing and providing stability of services.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

No. 264 Requesting the insertion into the budget a special item of revenue available from a Drunk Driving Grant in the amount of $1,050.00.

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. 40A:4-87 provides that the Director of the Division of Local Governments 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 time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $1,050.00 from the Drunk Driving Enforcement Grant and wishes to amend its SFY 2001 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2001 in the sum of $1,050.00 which is now available as a revenue from:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED that a like sum of $1,050.00 be and the same is hereby appropriated under the caption of:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED, that the Clerk forward three copies of this resolution to the Director of Local Government Services.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Redmond.

No. 265 Authorizing SFY 2001 budget transfers in the amount of $167,500.00.

RESOLUTION

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

WHEREAS, it has become necessary to expend for various purposes which are specified in the budget, an amount in excess of the respective sums appropriated therefore, and

WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and

WHEREAS, under the provisions of R.S. 40A:4-58, during the last two months of the fiscal year, the Governing Body has the authority to transfer the amount of such appropriations as may be deemed to be in excess to such appropriations as may require it,

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Old Bridge Township that the transfer in the amount of $135,000.00 be made between the Current SFY 2001 Budget as follows:

General Account

Department From

Office of the Mayor - Salary & Wages $2,000.00
Township Clerk - Salary & Wages $2,500.00
Business Administration - Salary & Wages $2,500.00
Purchasing - Salary & Wages $20,000.00
Human Resources - Salary & Wages $1,000.00
Assessor's Office - Salary & Wages $3,500.00
Legal - Salary & Wages $10,000.00
Office on Aging - Salary & Wages $1,500.00
Engineering - Salary & Wages $2,500.00
Planning & Development - Salary & Wages $2,500.00
Zoning Board - Salary & Wages $1,000.00
Subcode Official - Salary & Wages $7,500.00
Code Enforcement - Salary & Wages $10,000.00
Building & Grounds - Salary & Wages $5,000.00
Snow Removal - Salary & Wages $2,000.00
Group Insurance - Other Expenses $92,500.00

$32,500.00

Public Safety $10,000.00

Building & Grounds - Other Expenses $50,000.00

Termination - Salary & Wages $75,000.00

$167,500.00 $167,500.00

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

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

NAYS: None.

ABSTAIN: Councilman Redmond.

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

Councilman Greene: There are four items being funded from surpluses from other departments in town. One of them is to give $50,000 to "Buildings and Grounds" for air duct cleaning. I think $50,000 is a lot of money; I would like an explanation.

Ms. Shepler: We had been cited by OSHA for the quality of the indoor air in this building. I had the Middlesex Health Department review this, and although they found no clausal effect for possible problems in terms of actual cases, they recommended that the ducts be cleaned which has not been done since 1995. This is something that requires immediate action. I asked Himanshu if we had transfer funds available to be sure that we can get this done.

Councilman Cucchiara: Do you have the paperwork from OSHA?

Ms. Shepler: I believe I included that in your packet. It was a letter stating the complaint and a copy of the Middlesex County Health Department report.

No. 266 Awarding professional services contract to Daniel K. Simmons, Esq. for collection of CDBG Mortgage Debt. TABLE

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 counsel for the purpose of collecting an amount due in connection with a CDBG Mortgage debt; and

WHEREAS, Daniel K. Simmons, Esq., is a licensed New Jersey Attorney, is recognized as capable and available to undertake such work.

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 Daniel K. Simmons, Esq., for the collection of a CDBG Mortgage debt for a fee contingent of 33 1/3% of the total amount collected.

2. The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents evidencing this professional contract.

3. This contract for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: the professional names in this resolution is a recognized professional.

Moved to table by Councilwoman Hegarty, seconded by Councilman Hoff and so ordered on the following roll call votes:

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

NAYS: Councilmen Sohor, Testino.

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

Councilman Greene: Please identify these funds.

Ms. Shepler: These are HUD funds. They pass from HUD to the township.

Councilman Greene: Is there a net loss to the township on this $24,000?

Mr. Shah: I believe the attorney is being paid from a portion of the money that we collect, if we collect. If we were to collect the full amount, it is a loss. As it stands now, we may collect nothing, but this is an effort to collect anything we can.

Councilman Greene: Is this township or federal money that we are trying to recover?

Mr. Shah: Technically, this is a federal grant.

Councilman Testino: Doesn't this money go back into the program?

Mr. Shah: Yes, it goes back into the program.

Councilman Greene: There was a foreclosure on a piece of property, and HUD is out $24,000. Before I vote on this, I want a consensus on the part of the administration and our legal department that they agree that this is a proper way to go about collecting this money.

Ms. Shepler: At the last meeting President Maher directed that Mr. Ruffley check with the surrounding communities to see if this was done. I told him to check with the two largest direct recipients of CDBG which is Edison and Woodbridge. Neither of them have ever used a service in that type of action. We received a letter from Mr. Simmons stating that the asset locator whom he works with has done similar collections in the Borough of Beach Haven and the City of Hoboken. That is the only information we could ascertain with respect to anyone else doing this type of activity.

Councilman Greene: With respect to overall collection procedures I had asked whether other towns used the services of collection agencies.

Ms. Shepler: None that we are aware of.

Councilman Greene: What I have seen in terms of backup is a public relations push by Mr. Simmons. If you are in agreement that this is the way to collect this money and that 33 1/3% is fine, I shall go along with this.

Councilman Redmond: If we contract with Mr. Simmons and he collects this money through harassment techniques, etc., are we liable for any damages incurred through his tactics?

Mr. Condon: This attorney would be an agent of the township because we would have entered into a master/servant agreement which could potentially open us up to liability. I would have to investigate this further, but any contract drawn up to cover this could include indemnification clauses. The concern is correct; there is a law called the "Federal Fair Debt Collection Practices Act" which carries fines if violated. This gentleman is trying to collect a debt.

Councilman Hoff: I don't think that we should open the door for a bounty hunter. We have too many questions.

Ordinance for First Reading.

Township of Old Bridge
Ordinance No. 33-01

An Ordinance Adopting Schedule of Fines for Violation of Rules and
Regulations Governing the Use of County Parks with Respect to County Lands in the Township of Old Bridge

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

Section 1. Purpose

This Ordinance formally adopts the Schedule of Fines adopted by the Middlesex County Board of Chosen Freeholders on February 15, 2001 for violations of the Rules and Regulations governing the Use of County Parks.

Section 2. Adoption of Fine Schedule

The Township Council of the Township of Old Bridge hereby formally adopts the Schedule of Fines for Violations of the Rules and Regulations Governing the Use of County Parks as adopted by the Middlesex County Board of Chosen Freeholders on February 15, 2001. The Schedule of Fines shall be kept on file with the Township Clerk.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

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

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

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

Moved by Councilman Redmond, 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.

Ordinance for First Reading.

Township of Old Bridge
Ordinance No. 34-01

An Ordinance of the Township of Old Bridge Setting Fees for Instructional Hockey and Hockey League Programs

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 establishes the resident and non-resident fees for the instructional hockey and hockey league programs at the Old Bridge Arena.

Section 2. Fees

Pursuant to the recommendation of Old Bridge Township's Director of Recreation, fees for the Instructional hockey and Hockey League programs are set as follows:

HOCKEY LEAGUE
 
Program Resident Fee Nonresident Fee
Mite-NJY $ 925.00 $1,025.00
Mite-Ind $ 650.00 $ 750.00
Squirt $1,000.00 $1,100.00
Peewee $1,100.00 $1,200.00
 
Instructional Hockey
 
Session Resident Fee Nonresident Fee
First Session $150.00 $175.00
Second Session $150.00 $175.00


Section 3. Inconsistent Ordinances

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

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

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

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

Moved by Councilman 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.

Ordinance for Second Reading.

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 than 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.

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 member of the Council vote in favor of such resolution.

Moved by Councilman Hoff, 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.

Prior to the roll call vote President Maher opened a public portion. Seeing no hands President Maher closed the public portion.

Liquor Licenses.

No. 267 Authorizing renewal of distribution license No. 1209-44-013-004 Fairway Plaza Liquor t/a Shop Rite Liquors.

RESOLUTION

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Distribution License for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Distribution Licenses and having paid the fee of One Thousand Seventy-nine Dollars and Fifty-Three Cents ($1,379.53), and as no objections have been received to the renewal of the said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge is hereby authorized to issue the applicants a renewal of their Plenary Retail Distribution License for the period of 2001-2002 effective July 1, 2001.

State License Licensee

1209-44-013-004 Fairway Plaza t/a Shop Rite Liquors t/a Shop Rite Liquors
2285 Rt. 9 and Fairway Lane
Old Bridge, NJ 08857

Moved by Councilman Hoff, 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.

No. 268 Authorizing renewal of distribution license No. 1209-44-014--006 Jersey Wine & Liquor, Inc. t/a Jersey Wine & Liquor Buy Rite.

RESOLUTION

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Distribution License for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Distribution Licenses and having paid the fee of One Thousand Seventy-nine Dollars and Fifty-three Cents ($1,379.53), and as no objections have been received to the renewal of the said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge is hereby authorized to issue the applicants a renewal of their Plenary Retail Distribution License for the period of 2001-2002 effective July 1, 2001.

State License State Licensee

1209-44-014-006 Jersey Wine & Liquor, Inc. t/a Jersey Wine & Liquor Buy Rite
1274 Englishtown Road
Old Bridge, NJ 08857

Moved by Councilman Hoff, 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.

No. 269 Authorizing renewal of distribution license No. 1209-44-020-006 Dody, Inc. t/a Harbor Liquors.

RESOLUTION

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Distribution License for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Distribution Licenses and having paid the fee of One Thousand Seventy-nine Dollars and Fifty-three Cents ($1,379.53), and as no objections have been received to the renewal of the said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge is hereby authorized to issue the applicants a renewal of their Plenary Retail Distribution License for the period of 2001-2002 effective July 1, 2001.

State License State Licensee

1209-44-020-006 Dody, Inc. t/a Harbor Liquors
904 South Rt. 35
Laurence Harbor, NJ 08879

Moved by Councilman Hoff, 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.

No. 270 Authorizing renewal of distribution license No. 1209-44-028-004 Liquor City at Old Bridge, L.L.C. t/a Liquor City.

RESOLUTION

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex and State of New Jersey for the renewal of their Plenary Retail Distribution License for the period of 2001-2002; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Distribution Licenses and having paid the fee of One Thousand Seventy-nine Dollars and Fifty-three Cents ($1,379.53), and as no objections have been received to the renewal of the said license;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge is hereby authorized to issue the applicants a renewal of their Plenary Retail Distribution License for the period of 2001-2002 effective July 1, 2001.

State License State Licensee

1209-44-028-004 Liquor City at Old Bridge, L.L.C. t/a Liquor City
Rt. 9 North and Old Bridge Plaza
Old Bridge, NJ 08857

Moved by Councilman Hoff, 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.

No. 271 Authorizing renewal of distribution license No. 1209-44-031-002 Market Boy Liquors, Inc. t/a Market Boy Liquors, Inc.<