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

A Combined meeting of the Township Council of the Township of Old Bridge was held on July 23, 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. Next meeting of the Council will be August 13, 2001 at 7:30 p.m.

Roll call at 7:35 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, President Maher. Councilman Testino arrived late, Councilwoman Hegarty was absent.

Approval of Minutes

June 4, 2001 - Agenda June 25, 2001 - Regular

RESOLUTION #365

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

WHEREAS, the following minutes are hereby approved

June 4, 2001 - Agenda June 25, 2001 - Regular

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

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

NAYS: None.

ABSENT: Councilman Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #366

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 July 23, 2001 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of July 23, 2001 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $9,382,337.16 (General Fund).

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

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

NAYS: None.

ABSENT: Councilman Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #367

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #368

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 Sohor and so ordered on the following roll call vote:

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

NAYS: Councilman Hoff, President Maher.

ABSENT: Councilman Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #369

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 Cucchiara and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Hoff: What is this for?

Mr. Shah: Pioneer Contracting, they submitted their bill after we closed the bill list. It is for the curbing.

PRESENTATION

Old Bridge Ram's Congratulatory Sign (GC) (BC)

Councilman Cucchiara: On behalf of the council and administration I would like to congratulate you on your National Championship. I think that this is the first time Old Bridge has had a National Champ. We are going to put this sign on Route 18 and Englishtown Road. You all did a terrific job and we are all proud of you.

Mayor Cannon: You have accomplished an extraordinary feat and we are so proud and want to share it with anyone and everyone that comes into Old Bridge. Thank you for making us proud. I am sure that you are going to repeat this year.

Female Resident: We would like to thank the council, mayor and Tom Badcock and the staff at Parks and Rec. Art Freihon, his secretary, the Board of Education for making the various township facilities available to us for practice. We are hoping that the council will move forward as soon as possible to work something into a capital projects list for a place for the cheerleaders to practice. You have over 1,000 girls vying for practice space in town. We would also like to thank the Old Bridge Elks, Councilman Cucchiara.

Report of the Clerk

Deputy Clerk Ward: There is no report at this time.

MOTION

Moved by President Maher the Clerk's report, seconded by Councilman Cucchiara and so accepted on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

ABSENT: Councilwoman Hegarty.

Report of the Attorney

Attorney Ruggierio: We spent most of last week working up the title reports for the foreclosures, which needs to be filed this week.

We were served with a major lawsuit by one of the Hovnanian Companies, initially it is an appeal of the Planning Board's denial of a modification of a general development plan, there is also affordable housing elements to it. I am going to give council a written report on this. We filed our answer at 4:30 this afternoon, and I will copy you on that.

The Oakwood case goes on and we have significant depositions that are being taken at this time.

I see that the codification is on the agenda tonight. It is my expectation that I will give council a comprehensive ordinance, along with a cheat sheet as to the changes that were made, by the end of August. It would be my proposal that you put it on for adoption at your second meeting in September.

Councilman Redmond: What is the status of the remediation at Oakwood and when do they anticipate completion?

Attorney Ruggierio: I checked to make sure that they had started in a timely fashion, and I wrote a letter to the court stating that. They have a deadline that I do not remember right now. Last week I received a faxed correspondence from Lennar's counsel indicating that the engineer was insisting on "as builts" as to what the grade was on the site. In consulting with our engineer I feel that is a legitimate request because at least his eyeballing of the site suggested that the work wasn't done exactly as it should have been. They are on schedule.

Councilman Hoff: I want to thank the attorney for his diligence on the Cheesequake dam situation. We had a meeting with the Barclay Square people and Cheesequake Village. I think that we can see the end of the tunnel.

Councilman Testino: Have you taken any action on petitioning the state on the transfer zones for the Town Centre.

Attorney Ruggierio: I haven't, but I will follow up on it.

Councilman Testino: That is a key component to making the Town Centre more viable.

MOTION

Moved by Councilman Hoff to accept the Attorney's report, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

PROCLAMATION

Ludwig E. Rutkowski

Mayor Cannon reads the following to Mr. Rutkowski's widow Caroline:

WHEREAS, Ludwig E. Rutkowski was born in Jersey City and lived there before moving to Old Bridge 46 years ago; and

WHEREAS, Before retiring in 1983, he was an installation supervisor for New Jersey Bell telephone company in East Brunswick for 37 years. He was a member of the Telephone Pioneers of America; and

WHEREAS, He was a founder of the Madison Park First Aid Squad (founded in 1959), where he served as captain and president, currently volunteering up until his death; and

WHEREAS, He served in the Army during World War II with the 329^th Troop Carrier Squadron as a technical sergeant; and

WHEREAS, He was awarded the American Theater Ribbon, the Asian-Pacific Theater Ribbon, the Air Medal, the Distinguished Unit Badge and the Victory Medal. He was also a veteran of the Korean War, serving in the Air Force as a technical sergeant and being promoted to the rank of master sergeant; and

WHEREAS, Ludwig was a member of Veterans of Foreign Wars Post 4699 in Sayreville; a volunteer at South Amboy Hospital until its closing and a communicant of St. Bernadette's R.C. Church in Parlin, where he served as a parishioner, usher and lector. He was a member of St. Bernadette's Senior Citizens and was a 3^rd Degree Knight with St. Bernadette's Knights of Columbus Council 8478; and

WHEREAS, at age 79, Ludwig Rutkowski passed away at his home in Old Bridge.

NOW, THEREFORE, I, Barbara Cannon, Mayor of the Township of Old Bridge, County of Middlesex, State of New Jersey, together with the Township Council do hereby call upon all citizens to recognize the contributions made by Ludwig Rutkowski to the community of Old Bridge.

Son of Mr. Rutkowski: On behalf of the family, I would like thank the mayor and council for taking the time to acknowledge the efforts of my father.

Councilman Butler: Lud, was one of my constituents, you always knew where he stood, he didn't sugar coat anything. He was a very special man, he was my eyes and ears of Madison Park. He would intercede in a lot of things that others wouldn't. I would like to thank Bill Bathe for coming to me and suggesting that we do something to honor Lud.

Members of the Madison Park First Aid Squad

Susan Jadus, President, Madison Park First Aid: I have know Lud since 1983 and yes he did speak his mind and boy I miss him. Thanks Lud.

Bill Bathe, Vice President, Madison Park First Aid: When you look up the word volunteer in the dictionary, there is going to be Lud's name. Lud wasn't part of the community, he was the community. I hope that everyone will follow Lud's example on volunteering. Lud treating everyone with respect and talked to everyone with respect. Lud answered the call on volunteering in more ways then one. We are going to miss him, we salute him.

Preliminary Public Comments

Anita Clavering: I would like everyone to know that the American's with Disabilities Recognition Day has been changed to September 16, 2001 at Geick Park from 12:00 - 5:00 p.m.

Bob Pepe/Tom Murphy, Sayrewoods South Little League: Mr. Pepe hands pictures to the council regarding the drainage problems at the field: We are looking for a business plan from the Township, or ideas from engineering or recreation. We are on wetlands, we may need to move our fields.

President Maher: You may want to talk to the recreation board and get on their agenda. The next meeting is Wednesday.

Councilman Greene: I think these problems are really beyond the recreation committee level and that a decision on relocation has to be made by administration. This is the only township owned little league field that we have, all other fields are leased. They need a long term plan and a commitment from the town to fix it up or relocating the field possibly, to the park on Route 516.

Mayor Cannon: We have done stop-gap measures. This was the reason the late Councilman Mannino went out looking for other sites and he came up with the Queen Yacenda property as a possible alternative. I think that we need to have an engineering survey and I will speak to Nelson about this.

Kathleen DeMarco: I own an after school learning center for children with autism on Spring Hill Road in Old Bridge. I am here to ask if there is any possibility of leasing a building from the township for these services.

President Maher: We have an Economic Development Corporation that may be able to help. You should contact the Mayor's office.

Susan Blumig: All these problems for the little league and cheerleaders not having a place to practice is the perfect reason to save the open space and develop recreational facilities. I implore you to vote for bonding for open space.

Anita Greenberg: Open space does not interfere with your tax base, it helps it. It supplies a positive economic value. It is not detrimental to your public services, it does not increase taxes. We need to continue to maintain open space.

Neil Piccolo: I would like an explanation as to why the truck restriction ordinance has been removed from the agenda.

Attorney Ruggierio: We had a list of streets provided by the engineering department, the clerks office indicated that there were some errors. In checking with engineering we found out that some of these streets were private and we couldn't determine today if there were requests for Title 39 enforcement. I asked that it be removed until next meeting so that we could straighten this out. The notation about state approval before introduction, is in question. The state's approval is legally required before we adopt the ordinance.

Mike Malpede: In July 1997, Cedarview residents asked council for aid. We have sink holes in our streets, the development is really shabby. It is now 2001 and nothing has been done. We are getting drainage problems from the Lowe's construction, they have a six inch pipe that just brings water on to our property. In 1997 the township engineer wrote that a "well trained engineer" would find more problems. Our streets aren't up to code. We are the voters, not Lowe's. Why can't we get anything done. Mr. Redmond knows that Lowe's took down trees, he knows about the pipe that goes down Poor Farm Road is just an open pipe. Our streets are supposed to be 7 they are 6 ½.

Mr. Iglesias: The most important issue is Poor Farm Road drainage situation. I have certainly been involved in trying to solve that problem. They have proposed three solutions to that problem. I will have in my hands, tomorrow, the final remedy to that problem. There will no longer be a water discharge from the detention basin on to the wet area. We will pipe that to an inlet across the street. We have already enlarged a number of pipes across the street. The runoff is regulated from the detention basin.

Mr. Malpede: Nothing was done about this until we put it in the paper. The residents want the Certificate of Occupancy held up for Lowe's until they do everything that they agreed to.

Mr. Iglesias: I was recently asked by the attorney to update the punch list for Cedarview. We have been extremely busy and haven't been able to do it yet. I did some reviewing of the facts in this case, this goes back to 1994 and there was problems with the thickness of the roads. As I remember we asked the developer to give money to the town for the purpose of taking care of it. What concerns me most is the drainage ditches, they are not only part of Cedarview but also part of a legal situation that we are in with Manzo, Brunetti and others. This is a rather involved problem.

Councilman Testino: I remember discussing this road problem before, what was the decision on this?

Attorney Ruggierio: We still hold bonds on these improvements. I will get you a report on the punch list.

Mayor Cannon: I remember there were lengthy discussions on holding additional monies for the township to do the repairs when it became necessary. I don't know that the homeowners group at that time accepted that. They wanted the roads re-paved. I don't believe that any money was turned over.

Councilman Testino: I would also like a list of options as to when and how we can move on the bonds. I would like to bring this up again in August.

Mr. Malpede: There is about $76,000.00 in bonds.

Councilman Testino: Did the zoning board approve this pipe that they are talking about?

Councilman Redmond: No.

Mr. Iglesias: The approved plan called for a head wall at the end of the detention basin. Immediately after the basin there is a wetlands. About two months ago there was a heavy storm, at that time the detention basin was not completed, there was a berm at the time and it broke and the water from the basin went onto the wetlands. As a result of that I got going with the developer and engineer and demanded that a better solution be given to us. The main reason it wasn't done sooner was because on Poor Farm Road they found 2 rather large gas mains. Obviously the cost to lower or relocate these mains is extreme, I am asking them to do something that they weren't supposed to do.

Councilman Testino: The way that Lowe's calculations are drafted doesn't seem to be appropriate according to what is going on there.

Mr. Iglesias: These are drainage calculations, they deal with run off. Any engineering calculations have a certain percentage of error, but they are no bigger than 5%.

Councilman Testino: I am going to agree that their Certificate of Occupancy be held up until all the problems are corrected. Also, is there any movement on Manzo and Brunetti on the down stream problems.

Attorney Ruggierio: We are awaiting firm proposals from the engineering firms.

Councilman Testino: Have I missed a category, you said there were four.

Attorney Ruggierio: Yes, I would categorize them as Municipal Services; which I believe has been resolved, the punch list items; which the legal department is working on, The Lowe's issues; which Nelson is working on and the much broader issue that has been around for nineteen year, the Perrine Road matter.

Councilman Testino: I want this on the next agenda.

Councilman Redmond: What is going on with the trees? They cut down trees they weren't suppose to.

Mr. Iglesias: There is a wide power easement, that is clear and any vegetation that is there is very low and was before Lowe's came to be. The big trees that you see to the right of the easement, that was on a large section of the site. Obviously the developer had to cut those trees down. The planning board was aware of this situation and we suggested a planting plan, and fences with planting on both sides. When you stand in Lowe's parking lot there is an opening and when the fence and planting is finished they will not be able to see the building of Lowe's.

President Maher: Are we going to plant mature trees?

Mr. Iglesias: I can't say that.

President Maher: I want to be assured that you are going to put mature trees back.

Mr. Iglesias: I will do the best that I can, however we are obligated to enforce the approved plans. You may want other things, but if the plan calls for trees of a certain height, that is all that we can demand of the developer.

Councilman Redmond: Didn't we pay someone to go out and mark trees?

Mr. Iglesias: Yes.

Councilman Redmond: Those trees got cut down, there should be some remediation.

Mr. Iglesias: That is not quite true. Pinder Sumal went out there with the developer prior to any cutting of trees and flagged the trees to be saved. Those trees were saved. Behind those trees is the easement area and it has very few trees. The plans call for trees there and a fence and I think that you have to give it time, it will be acceptable once it is done. My main concern is Perrine Road, it is not just Lowe's that has impacted Cedarview, it is the topography and the way it was built. You cannot blame it all on Lowe's.

Councilman Redmond: I was told that a bulldozer operator had taken down some of the trees that were marked.

Mr. Iglesias: I don't think that is true.

Mr. Malpede: You have 84 homes that will disagree with you.

Mr. Thomas Pieper, Esq. I am here representing Cedarview Estates. I first got involved during the appeal process which was later settled before coming before the council. Some of the concerns that were brought in opposition were drainage and buffering. It was represented to us at that time that mature trees would be saved on the Lowe's property. The landscaped plan shows an area of mature trees to be save; I don't believe that has happened. (At this time Mr. Pieper shows a picture to council of a tree that has tape on it and is knocked over). I am not talking about trees that the developer was supposed to put in, but trees that we supposed to be left there - what is the answer to that? I don't think that it is planting 3 or 4 foot trees. I believe that this is a substantial deviation of the plans and would call for a holding of the CO.

The drainage issues have been addressed in terms of what is to happen in the future.

The issue of the roads, I would like to know where we go from here to protect the interests of my clients. I assume you are talking about Performance Bonds.

Attorney Ruggierio: They are performance bonds in some degree and cash as well.

Mr. Pieper: A memo from 1997 states that there was a release and that the township was going to hold back $26,575.00 cash, which was attributable to the thickness of the roads.

Attorney Ruggierio: I think the mayor believes that the association at that time didn't think that was an appropriate solution.

Mr. Pieper: The association is most anxious have the road accepted by the town and maintained by the township. The third issue that I want to bring up is the existing drainage ditch that runs along the front of the property and I understand that there are substantial ongoing discussions with the property owners to the south. There is ponding of water there and can be a problem with mosquitoes.

Councilman Butler: Thank the residents from Cedarview, you were here in 1995 and asked for us to hold up the money and that is what we did. We have $76,000.00 in cash bond and $272,000.00 in performance bonds; I did the research. I don't think that you should have to still be coming down here after all this time. The problem with the road was that it was only 1/8 of an inch thick and the residents wanted it pave to an ½ inch. We never paved it. The residents had a meeting with Lowe's and they made commitments and if those commitments aren't met, I think we should hold up the CO. I need to know what those commitments were.

Joe Cerria: Cedarview Resident: A lot of the residents that originally fought Lowe's are not here because they moved. Lowe's is supposed to put up a fence the same size as the turnpike.

Mr. Iglesias: You are getting it.

President Maher: We will have a status report on August 13, 2001. The council is very concerned about the problems in that area. The council wants to be business friendly, but there has to be some type of compromise between the residents.

Mayor Cannon: There will be no Certificate of Occupancy issued until all these problems are rectified. I am extremely disappointed with Lowe's. I know that there was emphasis put on the buffering and negative impact on the residents.

Seeing no hands President Maher closed the public portion.

HEARINGS

Release/Reduction Performance Guarantee - Amboy National Bank Lot. 2.11 & 2.12 Block 4185

MOTION

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Butler, Hoff.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

President Maher: The Clerk has advised that we did not get all the paper work in time for this hearing.

Release/Reduction Performance Guarantee - Oxford Estates (Attorney requests postponement) SUGGESTED NEW DATE: MONDAY, NOVEMBER 19, 2001 at 8:00 P.M. WITH RE-NOTIFICATION & REPUBLICATION

MOTION

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilwoman Hegarty.

President Maher opened the public portion for this hearing because there were a number of residents from Oxford Estates present.

Lisa Magnan, 3 Carrie Drive: We have drainage problems, water sitting in our backyards. The water is seeping into my house from the slab. Other residents have water coming in through bay windows, bathtubs. There are quite a few outstanding issues with the builder. We have tried to deal with him, he told us we would have to hire an engineer to tell him what he needed to fix. I have been trying for two years and have gotten no where with the builder.

President Maher: Have the residents put their complaints in writing to our engineer?

Residents: Yes.

Mr. Iglesias: They have all been forwarded to the builder.

Ms. Magnan: They haven't been answered.

Mr. Iglesias: I cannot force the builder to answer. Long before he comes for a bond release these issues will be resolved. I have read all the letters and my office deals with the bonded items. A lot of the letters deal with items that are not those items. I sympathize with you but you have to understand that the bonds are for bonded items only. I can deal with drainage problems.

Ms. Magnan: My house is sinking into the ground. I have not put anything in writing because I have sought legal counsel.

Councilman Sohor: Who is the builder?

Ms. Magnan: Jack Werbler. I have had two engineers come to my house and tell me that I have a failed drainage system in my house.

President Maher: Is there an association?

Ms. Magnan: No.

Mr. Iglesias: I would like a list of all the residents that are here tonight.

President Maher: Mr. Iglesias will take your names outside.

Councilman Testino: I would like a copy of that list.

Female Resident: We were told that the township was responsible in setting up a homeowners association.

President Maher: We don't organize associations.

First Reading Ordinance

Ordinance vacating portion of Steamboat Landing Lane (JC)

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 37-01

ORDINANCE VACATING A PORTION OF STEAMBOAT LANDING LANE

WHEREAS, Steamboat Landing Lane, also known as Dock Road, is being realigned; and

WHEREAS, this realignment will result in a portion of Steamboat Landing Lane being no longer needed as a public roadway; therefore

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to vacate an a portion of Steamboat Landing Road (also known as Dock Road) which is no longer needed for public use by the Township of Old Bridge following the realignment of such road.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of Steamboat Landing Lane, also known as Dock Road, and more fully described in the document Description of a Portion Steamboat Landing Road (Also Known as Dock Road) in the Township of Old Bridge, Middlesex County, New Jersey, to be Vacated and dated July 26, 2000 on file with the Township Clerk.

The vacation of this parcel of property is contingent upon the filing of a executed deed of easement and right of way granting an easement and right of way to the Old Bridge Municipal Utilities Authority to permit the OBMUA to maintain utilities located in the portion of Steamboat Landing lane to be vacated. Such easement must be accepted by the OBMUA in order to be valid.

A true copy of this Ordinance, together with proof of publication, shall be filed with the Middlesex County Clerk within sixty (60) days of the effective date of 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

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

SECTION 5: EFFECTIVE DATE

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

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Jonathan Heilbrunn: This is the realignment of Steamboat Landing, to the right side of The Pine Tavern. It was a requirement for the approval of the WaWa.

Councilman Testino: When we vacate, it goes to the adjoining property owner?

Mr. Heilbrunn: Yes.

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

Ordinance for First Reading

Ordinance vacating Pedestrian Walkway, Maple Ave Footpath/Route 34

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 38-01

ORDINANCE VACATING PEDESTRIAN WALKWAY LOCATED IN BLOCK 4002, LOT 29.11

WHEREAS, the Township of Old Bridge is the owner of a narrow parcel of land located in block 4002, lot 29.11 a/k/a Maple Avenue footpath on the tax map of Old Bridge; and

WHEREAS, this parcel of property was intended to serve as a pedestrian walkway to Route 34; and

WHEREAS, this parcel of land has never been improved for use as a pedestrian walkway; and

WHEREAS, the Township may vacate this parcel of property pursuant to N.J.S.A. 40:67-19; and

WHEREAS, it is in the public's interest to vacate this parcel of property;

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

Section 1: Purpose

The purpose of this Ordinance is to vacate an unimproved pedestrian walkway which is no longer needed for public use by the Township of Old Bridge.

Section 2: Ordinance

Block 4002, lot 29.11 on the tax map of Old Bridge, is hereby vacated by the Township of Old Bridge. Within sixty (60) days of the effective date of this ordinance a certified copy of this Ordinance together with proof of publication shall be filed with the Clerk of Middlesex County for recording. The vacation of this parcel of property is contingent upon the payment of $1,800.00 for administrative, legal and engineering fees and costs and the cost of advertisements by the owner of block 4002, lot 29 which sum shall be paid prior to the second reading of 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.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Mr. Heilbrunn: We have submitted a survey, this property is owned by a Mrs. Luteran, who is the contract seller to my client Mr. Napik. Mrs. Luteran property which has Route 34 frontage and is divided in the middle by a five foot walkway which goes from Highway 34 to a piece of property owned by the OBMUA. It renders that property undevelopable. If this is vacated he will make an application to construct a retail store. You had suggested money for it and we suggested just moving the sidewalk. We have agreed to pay $1,800.00 for the vacation.

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

Prior to the vote the following discussion took place

Councilman Sohor: This connects to OBMUA property?

Mr. Heilbrunn: No, to a roadway, and across the roadway is MUA property.

Attorney Ruggierio: This ordinance has been amended to include any out of pocket costs by the clerk's office for publication.

Councilman Greene: I had asked for documentation of approval from our township officials and haven't received anything. I can't vote on this until someone from the township says, definitively that there is no problem.

Mr. Heilbrunn: Perhaps you could get these response by second reading.

Councilman Greene: That is fine.

Consent Agenda

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

Parade - Madison Park Volunteer Fire "Wet Down" Parade Saturday, August 4, 2001

RESOLUTION #370

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

WHEREAS, the Madison Park Volunteer Fire Company has requested permission to hold a parade on August 4, 2001; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Madison Park Volunteer Fire Company; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Madison Park Volunteer Fire Company to be held on August 4, 2001.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Block Party - Carole Place - Saturday, August 11, 2001 1:00 P.M. to 10:00 P.M. (Rain date - Saturday, August 18, 2001)

RESOLUTION #317

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

WHEREAS, the residents of have requested permission to close Carole Place at the intersection of Albert Dr. & Cindy St. for the purpose of a block party to be held on August 11, 2001 (rain date August 18, 2001)

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

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

It is a requirement of this approval that Carole Place be completely closed to vehicular traffic from the intersection of Albert Dr. & Cindy St. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant). The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Block Party - York Street - Saturday, August 4, 2001 from 2:00 P.M. - 10 P.M. (Rain date - Saturday, August 11, 2001)

RESOLUTION #372

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

WHEREAS, the residents of have requested permission to close York Street at the intersection of Utica Ave. & Peter Place for the purpose of a block party to be held on August 11, 2001 (rain date August 18, 2001)

It is a requirement of this approval that York Street be completely closed to vehicular traffic from the intersection of Utica Ave. & Peter Place. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant). The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Payment of Accumulated Time in the amount of $16,255.87 for the Retirement of Aileen Ruffley (AS)

RESOLUTION #373

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

WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any pay out of accumulated time, $5,000.00 or greater, to be authorized by resolution; and

WHEREAS, due to retirement from her position at the Township, Aileen Ruffley, is entitled to a pay out of her accumulated time; and

WHEREAS, the Township Council wishes to authorize such pay out.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Aileen Ruffley in the amount of $16,255.87.

Sick (54.966) $9,666.76

Personal Days (3) 527.60

Vacation (20) 3,517.32

Compensatory Time (108.5) 2,544.19

TOTAL $16,255.87

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Resolution authorizing extension of contract for Buchalski, Reynolds & Brodowski for $5,000.00 Re: Township of Old Bridge vs. Sommer (County Waterfront Park) (CERT. #985) (AFFIRM. ACT.) (WSR)

RESOLUTION #374

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 has heretofore engaged the firm of Buchalski, Reynolds & Brodowski, for valuation and consultation services relating to the matter in Old Bridge Township v. Sommer, et al. (County Waterfront Park)

WHEREAS, the Township Attorney has recommended that the amount of this contract be extended.

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 amount of the contract with Buchalski, Reynolds & Brodowski for valuation and consultation services relating to the matter of Old Bridge Township vs. Sommer, et al. is extended by $5,000.00

2. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract, which is also contingent upon the issuance of a Certification of Availability of Funds.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Middlesex County Office on Aging Amendment to accept and sign for increase of Grant Title IIIB NJ Ease Service Contract (Amendment) Amount of the contract shall be increased by $7,000.00 from $19,500 to $26,500.00 (HR)

RESOLUTION #375

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

WHEREAS, as required by the Middlesex County Office on Aging (M.C.O. on A.) This resolution by the Township Council of the Township of Old Bridge indicates acceptance by the Governing Body of its obligation to the Amendment of the Contract between the County of Middlesex and the Township of Old Bridge from January 1, 2001 through December 31, 2001 being funded under the county Office on Aging Area Plan;

WHEREAS, as a designed access point participating in the N.J. Ease Information and Assistance Program, the municipality has agreed under a prior NJ Ease Memorandum of Understanding to adhere to the requirements and protocols of the statewide NJ Ease Program.

NOW, THEREFORE, BE IT RESOLVED the undersigned hereby agrees to amend the contract Program Code No. 12-610, Title IIIB-NJ Ease/Computer Service, Contract No. SHTP-2104 as follows:

1. The amount of the contract shall be increased by $7,000.00 from $19,500 to $26,500.00. The increase in funding shall be from Title IIIB of the Older Americans Act.

2. The increased fund shall be used to purchase specialized computer equipment for a disabled staff person as outlined herein and to pay toward the cost of Interest access for individuals trained in the NJ Ease protocols for use with the Helpworks and/or Factors programs.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Contract for Special Tax Counsel - Harry Haushalter in the amount of $40,000.00 (CERT. #984) (AFFIRM. ACT.) (BE)

RESOLUTION #376

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 special counsel for the purpose of representation of the Township in connection with tax appeals; and

WHEREAS, Harry Haushalter, Esq., a licensed New Jersey Attorney, 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 contract for professional services is authorized to be entered with Harry Haushalter, Esq. in the usual form.

2. The scope of the work to be performed by Harry Haushalter, Esq. shall be representation to the Township in special tax appeals.

3. The contract is awarded for a term exceeding the current budget year. A Certification of Availability of funds #984 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY02

CERT. NO. 984

AMOUNT $40,000.00

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

4. This is a 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: Legal Representation of the Planning Board.

This Resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Authorized leave of absence due to personal illness - Barbara Moreno (AS)

RESOLUTION #377

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Barbara Moreno, Township employee, has formally requested leave of absence without pay resulting from a personal illness.

BE IT FURTHER RESOLVED, that the leave of absence will become effective as of July 26, 2001 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Barbara Moreno.

BE IT FURTHER RESOLVED, that the leave of absence of Barbara Moreno is formally recognized, having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Resolution authorizing agreement in the amount of $7,884.90 with Ambassador Insurance Company Re: Global vs. 280 Development (WSR)

RESOLUTION #377

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

WHEREAS, the Township Attorney has recommended that the partial settlement in the Global Landfill vs. 280 Development Corp., et al. case be entered into with Ambassador Insurance Company; and

WHEREAS, the partial settlement with Ambassador Insurance Company is in the amount of $7,884.90.

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. Authorization to enter into an agreement with Ambassador Insurance Company is hereby granted.

2. The Mayor and Township Clerk are hereby authorized to execute the documents necessary to effectuate the Township's participation in this agreement.

3. The Township Attorney shall review any and all contractual documents prepared in furtherance of this agreement and make corrections in conformity to said agreement.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Resolution Amending Subordination of CDBG Mortgage Re: Margaret Loeffler (WSR)

RESOLUTION #379

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

WHEREAS, the Township Council previously agreed, by Resolution (#340 dated July 9, 2001), to the subordination of a Community Development Block Grant (CDBG) mortgage for Margaret Loeffler;

WHEREAS, the previous Resolution (#340 dated July 9, 2001) listed the amount of the subordination of mortgage as $12,999.50 and

WHEREAS, the correct amount of the subordination of the CDBG mortgage Loeffler is $12,704.50.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the amount of the subordination of mortgage for Margaret Loeffler is hereby amended from $12,999.50 to $12,714.50.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Resolution authorizing contract for appraisal with Buchalski, Reynolds & Brodowski Re: Route 516 and Sherwood Lane Condemnation (Not to exceed $13,000.00) (CERT. #980) (AFFIRM. ACT.) (WSR)

RESOLUTION #380 TABLED

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 appraisal firm for valuation and consulting services relating to a condemnation of properties along Rt. 516 and Sherwood Lane; and

WHEREAS, the properties being appraised along Rt. 516 and Sherwood Lane are as follows:

BLOCK	LOT
18066	48,49.11
18066	52
18066.12	84,51/11. 53.
18000	1
8003	21, 19, 18, 17, 16

WHEREAS, Buchalski, Reynolds & Brodowski, a licensed New Jersey appraisal firm, was and 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 Township of Old Bridge is hereby authorized to enter a contract with Buchalski, Reynolds & Brodowski for valuation and consulting services with regard to the condemnation proceedings of the properties on Rt. 516 and Sherwood Lane. The contract is hereby authorized in an amount not to exceed $13,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 980 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

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

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

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

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

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

Moved to TABLE by Councilman Cucchiara, seconded by President Maher and so TABLED on the following roll call vote:

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

NAYS: Councilman Sohor, Testino.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Greene: I want to know what properties, exactly, are going to be taken. I want to make sure that the little league field isn't going to be affected.

Attorney Ruggierio: I gave Mr. Greene a parcel map that shows the takings.

Councilman Greene: I can't tell by looking at it.

President Maher: Mayor, do you know the answer?

Mayor Cannon: I thought it was suppose to come from the other side of the road.

President Maher: Did we follow our procedures for professional services contract with this? How did we select this firm?

Attorney Ruggierio: No, this is a professional service contract and I spread it around, we use appraisers for different projects. I try to use Buchalski whenever I can. I do that because he is an excellent witness.

President Maher: What other firms bid on this contract?

Attorney Ruggierio: That is not your procedure, in the beginning of the year the administrator puts out all the different professional services and that creates a list. We don't advertise for every professional service contract.

Councilman Cucchiara: Was the little league ever informed of this and shown any of these plans?

Mayor Cannon: I am not aware that they have been shown this, they worked with us on the temporary light.

Attorney Ruggierio: This was an agreement that you entered into with the County, it was done a long time ago. When the county generates these plans, we are obligated, within four months to commence acquisition proceedings. I am just trying to follow the contract. The discussion that you are trying to have now, should of occurred when you entered into the contract with the county.

Councilman Testino: It looks like we are only going up to the right-of-way on that side of the road.

Resolution to authorize Budget Transfers in the amount of $132,000.00 be made within the reserve 2002 Budget. (HS)

RESOLUTION #381

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 $132,000.00 be made between the Reserve SFY 2002 Budget as follows:

Department From To

Gasoline-Other Expenses $35,000.00 Recycling - Other Expenses $57,000.00
Public Safety - Other Expenses $40,000.00
Public Safety - Salary & Wages $40,000.00
Legal Settlements - Other Expenses $57,000.00
PFRS - Other Expenses $4,000.00
Group Insurance - Other Expenses $31,000.00

$132,000.00 $132,000.00

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Testino: What is the purpose for these transfers?

Mr. Shah: There is a list with this. We are putting $40,000.00 into the police. We are in contract with Middlesex County for recycling, there is a shortage in the account of $57,000.00. We are putting $35,000.00 in PERS.

Councilman Testino: This is last year's budget, these reserves are just being moved to other line items, correct?

Mr. Shah: Yes.

President Maher opened the public portion.

Ms. Blumig: Why is there a shortage in the recycling budget?

Mr. Shah: The price changed and there were new homes added.

Resolution authorizing return of Impounded Ford Explorer to the owner upon proof of ownership acceptable to the Police Chief or designee. (JC)

RESOLUTION #382

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 Police Department has impounded a 1997 Ford Explorer; and

WHEREAS, Ronald D. Hollis, Jr., the owner of the vehicle, would like his vehicle to be released back to him; and

WHEREAS, the Police Department has no interest in keeping the vehicle and the Chief of Police is authorizing the return of the impounded Ford Explorer to the owner upon receipt of proper proof of ownership.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the impounded 1997 Ford Explorer be returned to the owner, Ronald D. Hollis, Jr., once all proper proof and legal title of the vehicle in his names is provided.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Redmond: Why are we involved in this?

Attorney Ruggierio: The County Prosecutor indicated that they wanted a formal indication that the township had no interest in the vehicle. I thought a resolution was the way.

Application for Farmland Preservation (SR)

RESOLUTION #383

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 has received from the Middlesex County Agriculture Development Board an application for the 2002 Round of Easement Purchase

Applications for the Middlesex County Farmland Preservation Program; and

WHEREAS, the said application is for the property owned by Ann Miller, Block 10252, Lot 23, located at 247 Cottrell Road; and

WHEREAS, the Middlesex County Agriculture Development board is asking that the Township of Old Bridge review the easement purchase application and notify the Middlesex County Development board as to whether or not Old Bridge will endorse this application for farmland preser