Old Bridge Township, New Jersey - September 10, 2001 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on September 10, 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 September 24, 2001 at 7:30 p.m.

Roll call at 8:01 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, President Maher. Councilwoman Hegarty arrived late, Councilmen Hoff and Testino were absent.

GUEST

Old Bridge High School Junior Air Force Cadets Present Colors

Approval of Minutes

May 21, 2001 - Agenda
July 9, 2001 - Combined/Executive
July 23, 2001 - Combined

RESOLUTION # 420

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

May 21, 2001 - Agenda
July 23 2001 - Combined
July 9, 2001 - Combined, Executive

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #421

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 September 10, 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 September 10, 2001 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $28,956,588.00 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Greene: I thought there was $525,000.00 in the Open Space Trust fund, why is there $975,000.00 now?

Mr. Shah: I send council a memo on this. Council had asked that I transfer money from the previous referendum which was about $300,000.00 and there was an additional $250,000.00 that we had appropriated for in 2001 budget. I wrote to the State and requested permission to transfer from the prior trust fund which I haven't received yet but I have transferred the money, that was $550,000.00. Last year we approved a 2 cent referendum and seven months of receipts is added which was about $400,000.00 and that is in there.

Councilman Greene: Can you give me a breakdown during the week?

Mr. Shah: I thought the spreadsheet that I gave you had a breakdown of the tax revenue and the other two items.

Councilman Greene: I haven't seen that.

Mr. Shah: I will get you another copy.

Bill List

RESOLUTION #422

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, Redmond, Sohor, President Maher.

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #423

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, Redmond, Sohor.

NAYS: Councilman Greene, President Maher.

ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #424

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, Redmond, Sohor, President Maher.

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty.

Bill List

RESOLUTION #425

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, Redmond, Sohor.

NAYS: Councilman Greene, President Maher.

ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty.

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 August 2001:

DOGS:
3016 - 3071 472.00
Replacement 3060 .50

472.50

CATS:
355-361 49.00

LICENSE:

Hot Dog
Stewart's Root Beer 50.00

50.00

BINGO/RAFFLE
66-01 Madison Park PTA 10.00

10.00

Map
4 Street Maps 20.00

Liquor License - Place to Place Transfer
1209-33-032-003 TGI Fridays 157.66

Transfer Applications
O'Rourke 4.00

161.66

SEARCH
16 & 17-01 20.00

MISCELLANEOUS:
Photocopies 5.25
Late Fees DOG 45.00
Late Fees CAT 9.00
Movie Filming Permit - Midnight Mass Productions 500.00
Return Check - Dog License (Skibniewski) 30.00

589.25

Total: $1,372.41

Deputy Clerk Ward: I would like to remind all that the Clerk's office is open Saturday from 9 a.m. - 1 p.m. for commuter parking stickers.

MOTION

To accept the report of the clerk by Councilman Butler, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty.

Report of the Attorney

Assistant Attorney Condon: I would like to remind the council that the Birch Hill Inc, liquor license revocation went into effect today. The Appellate Court denied the stay and there has been no application to the Supreme Court for a stay.

Councilman Redmond: Is this a permanent revocation?

Attorney Condon: There is a two year revocation and after speaking to the DAG I was informed that no liquor license can be transferred to that site for two years and that the liquor license that Birch Hill Inc. owned is permanently revoked.

MOTION

To accept the Report of the Attorney by Councilman Butler, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Hegarty.

Preliminary Public Comments

Nitra McAuliffe: I am very upset that my house number was changed. I received a letter in the mail without any prior notification. I think that there could have been more notice and input from the residents that are going to be affected.

President Maher: I believe the numbers were changed for Emergency Management purposes. I had to have my house numbers changed and I believe that post office will forward your mail for nine months to a year.

Ms. McAuliffe: I think that the residents should have more of an input on this process.

President Maher: I will ask that you get together with Mr. Iglesias and find out how the department can ease the burden on you and your neighbors. I would like you to share your ideas with Mr. Iglesias so that we may be able to improve the process.

Dave Merwin: I am here to discuss that train station that is being proposed for Laurence Harbor. I read that the Mayor is 100% behind this, the editorial by the suburban newspaper is supporting this, they don't even deliver the newspaper to Laurence Harbor. Assemblyman Thompson attempted to put $1,400,000.00 in the State budget this year, only to have it line item vetoed. There are concerns in the Laurence Harbor, Cliffwood area that there be access though route 35 via Industrial Drive. A gentleman bought all the property around there and is attempting to put a business up there. We have get on top of that. We need improvements to the intersections of Matawan, Morristown Roads and the parkway corridor. You cannot dump additional traffic in Laurence Harbor and not take care of these roadways. There will not be a train station unless these improvements are made. You lost a lot of property when we chose not to fight the Mosque in Laurence Harbor, there was testimony that the property was supposed to be a jug handle to Industrial Drive.

Seeing no hands President Maher closed the public portion.

HEARINGS

H-1 Release/Reduction Performance Guarantee Primavera Estates - (Attorney Requests Postponement.)

President Maher: Let's give them a new date.

Clerk Saracino: He should put in a new application.

H-2 Release/Reduction Performance Guarantee J.L.R.S. (Heilbrunn Building)

President Maher: The attorney has requested a 90 day postponement. The new date will be December 3, 2001.

Mr. Heilbrunn: I would request that it be without further notice or publication.

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

MOTION

to postpone until December 3, 2001 the Release/Reduction Performance Guarantee J.L.R.S. (Heilbrunn Building) without re-notification or publication.

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

NAYS: None

ABSENT: Councilmen Hoff, Testino.

LIQUOR LICENSE

LL-1 Person to Person Transfer of Plenary Distribution License #1209-44-013-004 Fairway Plaza Liquors to Jersey Spirits & Wines, L.L.C.

RESOLUTION #426

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

WHEREAS, application has been filed for a person to person transfer of Plenary Retail Distribution License #1209-44-013-004; heretofore issued to Fairway Plaza Liquors & Bar, t/a Shop Rite Liquors for premises located at Route 9 North, Store #10 Fairway Plaza, Old Bridge, New Jersey to JERSEY SPIRITS & WINES, L.L.C., t/a BUY RITE/WITTY'S for premises located at Route 9 North, Store #10 Fairway Plaza, Old Bridge Township, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statues, regulations, promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed and the township authorities have reviewed the source of all funds used in the purchase of the license and the licensed business, and all additional financing obtained in connection with the licensed business; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid and the license has been properly renewed for the current license term;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge does hereby approve the person-to-person transfer of the aforesaid plenary retail consumption license effective September 10, 2001 and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: "This license, subject to all of its terms and conditions, is hereby transferred to JERSEY SPIRITS & WINES, L.L.C. effective September 10, 2001.

BE IT FURTHER RESOLVED that said transfer is hereby conditioned that no go-go dancing be allowed.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino.

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

Mr. Heilbrunn: Has there been a date set for the Township's take over of the Carrington Woods detention basin?

President Maher: I think that we said thirty days.

Deputy Clerk Ward: I will send you a letter.

GUEST/DISCUSSION

Lowe's/Cedarview Estates

President Maher: I have asked Councilman Butler to caucus in our upstairs conference room with the residents, Lowe's representatives and Township Engineer. I have asked Mr. Butler to report back to us on the outcome.

At this point in the meeting Councilman Butler leaves the council meeting.

Consent Agenda

Bingo/Raffle

RESOLUTION #427

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

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

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

RA-66-01 Madison Park School
BA-67-01 St. Thomas the Apostle Home School Association
RA-68-01 Southwood School PTA
RA-69-01 St. Thomas the Apostle Home School Association

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Block Party - Calvin Court - Saturday, Sept. 15, 2001 from 12:00 Noon - 10:00 P.M. (Rain date - Sunday, Sept. 16, 2001)

RESOLUTION #428

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 Calvin Court at the intersection of Hastings Road, Hyatt Street and Cindy Street for the purpose of a block party to be held on September 15, 2001 (rain date September 16, 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 Calvin Court be completely closed to vehicular traffic from the intersection of Hastings Road, Hyatt Street and Cindy Street. 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 Greene, seconded by Councilwoman Hegarty and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Old Bridge Raceway Park - Permission to hold fireworks display on Saturday, September 15, 2001 (Between the hours of 9:00 - 10:30 P.M. Only.)

RESOLUTION #429

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

WHEREAS, Old Bridge Township Raceway Park has requested permission to have a fireworks display conducted by Garden State Fireworks on September 15, 2001; and

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

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, hereby, approves the fireworks display contingent upon receipt by the Township Clerk of a Certificate of Liability Insurance for Garden State Fireworks, covering the dates of the display and upon receipt of a permit from the Fire Official from Fire District No. 3.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Gateway Shopping Center Safety Day on Saturday, September 29, 2001.

RESOLUTION #430

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

WHEREAS, Gateway Shopping Center located on Rt. 9 and Ernston Road has requested permission to hold a Safety Awareness Day on September 29, 2001.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that permission is hereby granted to hold a Safety Awareness Day at Gateway Shopping Center on September 29, 2001.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Resolution authorizing cancellation of CDBG Mortgage for Michael & Geraldine LaForte.

RESOLUTION #431

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

WHEREAS, a Community Development Block Grant (CDBG) Mortgage was entered into by Michael and Geraldine LaForte with the Township of Old Bridge for premises known as 314 Park Avenue, Old Bridge, New Jersey; and

WHEREAS, the amount of the CDBG Mortgage is $9,570.00; and

WHEREAS, the above-named individual has paid the outstanding amount of the mortgage and is requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $9,570.00 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices: Community Development Block Grant.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Resolution authorizing Subordination of CDBG Mortgage for Willie Belle Hannon.

RESOLUTION #432

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 received a mortgage on a certain property in connection with its Community Development Block Grant (CDBG) program; and

WHEREAS, the owner of said property wished to refinance the property; and

WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.

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 mortgage in favor of the Township of Old Bridge in the amount of $15,214.00 may be subordinated by an additional $15,000.00 (new mortgage) on property located at 40 Biondi Avenue, Cliffwood Beach, New Jersey, Block 2000.19, Lot 30-33 assessed to Willie Belle Hannon.

The Mayor and Township Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.
Any documents required to effectuate the terms of this authorization shall be approved by the Township Attorney.

BE IT FURTHER RESOLVED that a true copy of this resolution shall be deposited with the following township offices: Community Development Block Grant.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Award of Contract #01-24 - to Tri State Building Materials, 65-89 Lodi St., Passaic, N.J. in the amount of $45,400.00 for Cheesequake Village Window Rehabilitation (CERT. #989) (AFFIRM. ACT.)

RESOLUTION #433

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 #01-24 for window rehabilitation in Cheesequake Village; and

WHEREAS, bids were received and opened on August 16, 2001; and

WHEREAS, the Township Council wishes to award the contract for window rehabilitation to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to Tri-State Building Materials, Inc., located at 65-89 Lodi Street, Passaic, New Jersey, 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:

Tri-State Building Materials, Inc., is hereby awarded a contract in the amount of $45,400.00 for window rehabilitation in accordance with the specifications advertised therefor.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #992 certifying the existence of a sufficient appropriation to fund the said contract.
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:

Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
Issuance of a Certificate of Availability of Funds as aforesaid.
Compliance by the vendor with signing the mandatory affirmative action language required by law.
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 Greene, seconded by Councilwoman Hegarty and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Waiver of building permit fee of $75.00 for work done - Sayrewoods Bible Church.

RESOLUTION #434

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

BE IT RESOLVED, by the Township Council of the Township of Old Bridge, Middlesex County, State of New Jersey, that the Township's portion of permit fees for work done at the Sayrewoods Bible Church parsonage in the amount of $75.00 are hereby waived.

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Resolution authorizing contract with Robert T. Clarke, Esq., of the firm of Apruzzese, McDermott, Mastro & Murphy, Nunc Pro Tunc. in the amount of $45,000.00(CERT. #990) (AFFIRM. ACT.)

RESOLUTION #435

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 handling general labor matters and negotiations; and

WHEREAS, Robert T. Clarke, Esq., of the firm of Apruzzese, McDermott, Mastro & Murphy, is 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. A contract for professional services is authorized to be entered as follows:

Initial amount authorized by this contract $2,000.00

Amount which may be authorized by the Business Administrator by supplemental purchase order(s) $58,000.00

Maximum amount under this contract $60,000.00

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. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #990 has been received for this contract assuring that there are sufficient funds in the appropriation (s) listed below to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY 2001/2002

CERT. NO. #990

AMOUNT $45,000.00

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 to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

4. 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 named in this resolution is a recognized professional.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Temporary Budget Appropriations for Fiscal Year 2001 - Current Budget in a total amount of $109,572.00.

RESOLUTION #436

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

WHEREAS, there will be a delay in the adoption of the 2002 Township of Old Bridge, County of Middlesex, New Jersey Local Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

NOW, THEREFORE , BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that in accordance with N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $109,572.00 and that said emergency temporary appropriation shall be provided in full in the 2002 budget. (See Attached)

Current Budget

Other Expenses $109,572.00

Total $109,572.00

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Resolution to re-authorize Clean Communities Grant.

RESOLUTION #437

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

WHEREAS, it is the desire of the Township of Old Bridge to provide a clean, litter free environment for its citizens; and

WHEREAS, the Township of Old Bridge funds litter abatement activities through the funds provided by the New Jersey Clean Communities program; and

WHEREAS, the New Jersey Clean Communities Program needs to be re-authorized by the New Jersey Legislature, and failure to re-authorize would have a negative impact on the environment in the Township of Old Bridge and throughout the State of New Jersey.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that failure by the Legislature to re-authorize the New Jersey Clean Communities Program would have a deleterious impact on the quality of life in New Jersey and that the Township of Old Bridge urges the New Jersey State Legislature move and pass the Re-authorization of the Clean Communities Act.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Resolution to authorize Budget Transfers in the amount of $1,000.00 within the Reserve 2002 Budget. (Ethics Board)

RESOLUTION #438

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 provision 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 Township of Old Bridge that the transfer in the amount of $1,000.00 be made between the SFY 2002 Reserve Budget as follows:

General Account

Department From To

Ethics Board - Other Expenses $1,000.00

Group Insurance - Other Expenses $1,000.00

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Resolution authorizing purchase of Listed Commodities on State Contract.

RESOLUTION #439

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

WHEREAS, the Township of Old Bridge wishes to purchase various commodities available on open ended contracts from authorized vendors under the State of New Jersey Cooperative Purchasing Program 1-NJCP; and

WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-12, and

WHEREAS, the vendors hereinafter listed have been awarded the State contracts as indicated; and

WHEREAS, the Business Administrator recommends the utilization of these procedures and has certified that the commodity purchase represent the best price of materials available on an as-needed basis which may in the aggregate exceed the annual bid threshold; and

WHEREAS, the actual cost for these purchases will be certified on the individual purchase orders as issued.

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

1. The Business Administrator and such other person as the Mayor may designate is hereby granted full authority to make any purchase equal to or below the statutory bid threshold set forth at of N.J.S.A. 40A:11-3(a) [as adjusted from time to time by the Governor under N.J.S.A. 40A:11-3(c)]. This authority is hereby granted nunc pro tunc to July 1, 2001 and shall continue to June 30, 2002.

2. The following commodities may be purchased by the Business Administrator or such other person as the Mayor may designate (pursuant to N.J.S.A. 40A:11-12) in any amount for which an appropriation has been made from the listed vendors. This authority is granted nunc pro tunc to July 1, 2001 and shall continue to June 30, 2002.

VENDOR COMMODITY STATE CONTRACT #

Allied/Marco Fuel Fuel 41869
Petroleum Traders Fuel Oil 44185
Campbell Foundry Catch basin, inlets, manholes 42810
Comcast Cellular One Cell Phone 89589
Corporate Express Office Supplies Stationery 83008,84576
Bill Behrle Associates Office furniture 87053,79295
Business Furniture, Inc. Office Furniture,File Cabinets 79289,85548
Micronix, Inc. Computer Equipment 81190
Microwarehouse Computer Equipment 81186
Dell Computer Computer Equipment 81247,44563
Westwood Computer Computer Equipment 81195
Brenner Business Office Furniture 79299
Raritan Valley Office Office Supplies/Stationery 84565
Staples Office Supplies/Stationery 88499, 40423, 84510 ,83006
Amtech Bus. Products Computers and Supplies 81209
Matty's Auto Parts Automotive Supplies 86639
Perth Amboy Spring Works Automotive Supplies 41017, 89292
Mack Camera & Video Cameras/Supplies 87646
Marturano Recreation Recreation Equipment 85966
Goodyear Tire & Rubber Tires 40415
Ray's Sport Shop Police Equipment 88353, 83845, 88168, 83781
Lawmen Supply Co. Police Equipment 83846, 88607, 83799
John's Inc. Police Clothing 83861
Al's Auto Body Car Repair 89239, 87159
Capital Highway Materials Road Materials 42522
Maaco Auto Vehicle Repair 87185, 87189, 87182
Metrocall Pagers 54179
S & S Worldwide Arts & Crafts 86094
Stewart Industries Copiers & Maintenance 88823
Max Finkelstein Tires 80038
Jonathan Green 84430
Key Auto Body Car Repair 00302
International Truck Equipment 82382
Game Time Recreation 73810
United Rotary Brush Corp. 82538
Bridge Auto Supply Auto Supplies 34806
Ardom Bearing Group 82393
Gramco Business Comm. Recording Equipment 81659
Grant Supply Co. 42053
Mid Atlantic Trucking 29815
SPT Electric 85259
Buchlein Badges 83860
Alton US Inc. 40705
City Auto Radiator 87692, 40919
Advance Fastener Ind. 45091
Sansone Dodge Motor Vehicles 87617
Gilbraltar Transmissions Vehicle Repair 84979
Allstate Office Int. 79336
Winner Ford Vehicles 82813
F&C Automotive 86668, 40950
Keebler Co. Snacks 85276
Q.E.D. Inc. 68403
The OBD Co. 41325
Danka Contracts 88828
All Com Technologies 42364, 42458
Garden State Highway Pro. 44425
Volvo & GMC Truck 26294
Hights Farm Equipment 87280
Kaldoor Emergency Light 83857

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Award Contract #01-04 to Paul Construction, Inc. for Drainage Improvements at Bartlett Court, Timon Drive and Lark Place in the amount of $41,137.00(CERT. #992) (AFFIRM. ACT.)

RESOLUTION #440

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 #01-04 for drainage improvements at Bartlett Court, Timon Drive and Lark Place; and

WHEREAS, bids were received and opened on August 2, 2001; and

WHEREAS, the Township Council wishes to award the contract for drainage improvements to the lowest responsible bidder; and

WHEREAS, the contract has been awarded to Paul's Construction, Inc., 423 Taylor Avenue, Hackensack, N.J. 07606, as the 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:

Paul's Construction, Inc., is hereby awarded a contract in the amount of $41,137.00 for drainage improvements.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #992 certifying the existence of a sufficient appropriation to fund the said contract.
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:

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

Issuance of a Certificate of Availability of Funds as aforesaid.

Compliance by the vendor with signing the mandatory affirmative action language required by law.
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 Greene, seconded by Councilwoman Hegarty and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Waiver of $90.00 in permit fees - Old Bridge First Aid & Rescue Squad.

RESOLUTION #441

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

BE IT RESOLVED by the Township Council of the Township of Old Bridge, Middlesex County, State of New Jersey, that the Township's portion of permit fees to replace an inoperative rooftop air conditioning unit for the Old Bridge First Aid and Rescue Squad in the amount of $90.00 are hereby waived.

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Award Contract #01-16 for Demolition of Route 9 Senior Center to William & Robert Young, Inc. in the amount of $23,500.00 (CERT. #993) (AFFIRM. ACT.)

RESOLUTION #442

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 #01-06 for demolition of the Route 9 Senior Center; and

WHEREAS, bids were received and opened on August 16, 2001; and

WHEREAS, the contract has been awarded to William & Robert Young, Inc., 235 Clifford Street, Newark, New Jersey 07105, 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:

William & Robert Young, Inc., is hereby awarded a contract in the amount of $23,500.00 for demolition services.
The award of the contract is contingent upon the issuance of a Certification of Availability of Funds $993 certifying the existence of a sufficient appropriation to fund the said contract.
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.

Compliance by the vendor with signing the mandatory affirmative action language required by law.
Compliance by the Vendor with filing 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 Greene, seconded by Councilwoman Hegarty and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Carter's Tent Sale - Thursday, September 20, 2001 - Sunday, September 23, 2001.

RESOLUTION #443

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

WHEREAS, the Dress Barn at the Market Place II has requested to hold a tent sale on September 20, 21, 22, 23, 2001; and

WHEREAS, the Township Council wishes to endorse and permit such a sale at the Market Place II based on the following conditions:

1. Building permit and inspection must be obtained from Dept. of Code Enforcement.

2. Sales may be conducted directly in front of the merchandiser's store or in an area of the shopping center expressly provided for such purposes.

3. No merchandise, tables, chairs or other obstructions shall be located within 3 feet to either side of the ingress/egress doors to the tenants. The sidewalk shall be kept clear and unobstructed to allow proper pedestrian movement.

4. No merchandise, stock or combustible materials shall be stored or displayed higher than 8 feet or shall require the presence of fire department apparatus or personnel is to be on-site during the sale.

5. Portable fire extinguishers of the ABC type, 10 lb minimum be located along the sale area at a maximum of 100 feet apart.

6. No parking in front of the stores shall be permitted. Normal parking procedures are to be utilized and enforced with unobstructed fire lanes throughout the shopping center.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Memorialize authorization for the Mayor to execute agreement with GPU - Higgins Road Soccer Field.

RESOLUTION #444

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

WHEREAS, there has been a construction project at the Higgins Road Soccer Field; and

WHEREAS, the construction project requires electrical power; and

WHEREAS, GPU Energy requires an easement agreement in order to install electrical distribution facilities; 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:

Authorization to enter into an agreement with regard to an easement for the installation of electrical work is hereby granted.
The Mayor and Township Clerk are hereby authorized to execute the document necessary to effectuate the Township's participation in this agreement.

The Township Attorney shall review any and all documents prepared in furtherance of this agreement.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Temporary Budget Appropriation for Fiscal Year 2002 Current Budget in a total amount of $286,797.09. (Sommers Matter)

RESOLUTION #445

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

WHEREAS, there will be a delay in the adoption of the 2002 Township of Old Bridge, County of Middlesex, New Jersey Local Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

NOW, THEREFORE , BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that in accordance with N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $286,797.09 and that said emergency temporary appropriation shall be provided in full in the 2002 budget. (See Attached)

Current Budget

Other Expenses $286,797.09

Total $286,797.09

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Resolution authorizing execution of Settlement Agreement for Canyon Woods Developers, Inc. v. Township of Old Bridge.

RESOLUTION #446

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

WHEREAS, the Township Council has authorized the settlement of Canyon Woods Developers, Inc. vs. Township of Old Bridge and

WHEREAS, a settlement agreement has been memorialized in writing; 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:

Authorization to enter into a settlement agreement with regard to the Canyon Woods Developers, Inc. vs. the Township of Old Bridge is hereby granted.
The Mayor and Township Clerk are hereby authorized to execute the documents necessary to effectuate the township's participation in this agreement.
The Township Attorney shall review and all documents prepared in furtherance of this agreement.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Butler.

ABSENT: Councilmen Hoff, Testino.

Prior to the vote the following discussion took place.

Councilman Greene: I want to be 100% sure of the Township's responsibility. The statement that was given to me says that "The roads and storm sewers within Canyon Woods will be improved, taken over and maintained by the Township". I want to see if the township has any responsibility in improving the roads or will the township take over the roads, only after they met township standards?

Attorney Condon: Taking over this street will not cost the Township of Old Bridge any money. There is money in escrow that is going to be used to bring the street up to municipal standards.

Councilman Greene: Are the provisions the same as any other development that wants to the township to assume maintenance of the roads?

Attorney Condon: The purpose of this agreement is to use the money that we currently have in escrow, which is the cash portion of the performance guarantee.

Councilman Greene: Are you confident that the money is sufficient to bring the roads up to township specifications?

Attorney Condon: Yes. This agreement is fairly complicated and will actually bring portions of the road that are not being accepted by the Township up to standards. It is our engineering department's opinion that we have enough money.

Councilman Greene: Will this come before the council for further action to accept the roads?

Attorney Condon: This agreement obligates us to accept the roads after they are brought up to standards.

Mr. Donatelli: This is for the main road only - Canyon Woods Drive.

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

ORDINANCE FOR SECOND READING

Township of Old Bridge
Ordinance No. 43-01

An Ordinance of the Township of Old Bridge Designating Mimi Road as a Through Street

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 designates Mimi Road as a through street pursuant to the letter of approval from the New Jersey Department of Transportation dated July 9, 2001, on file with the Township Clerk.

Section 2. Through Street

A. Pursuant to the provision of N.J.S.A. 39:4-140, the streets or parts of streets described as through streets. Stop signs shall be installed on the near right side of each street intersecting the through street, except where yield signs are provided for in the designation.

Name of Street Limits

Mimi Road Between Old Bridge Englishtown Road (County Rt 527) and a Point 50' South of Nicholas Drive-Birch Street

B. Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule VII thereof (incorporated by reference in code Section 10-7) with the following:

Name of Street Limits

Mimi Road Between Old Bridge Englishtown Road (County Rt 527) and a Point 50' South of Nicholas Drive-Birch Street

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 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. 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 N.J.S.A. 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 Sohor and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Testino.

ABSENT PODIUM: Councilman Butler.

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

ORDINANCE FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
Ordinance No. 44-01

An Ordinance of the Township of Old Bridge Designating Disbrow Road as a Through Street

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 designates Disbrow Road as a through street pursuant to the letter from the New Jersey Department of Transportation dated July 9, 2001 on file with the Township Clerk.

Section 2. Through Street

A. Pursuant to the provision of N.J.S.A. 39:4-140 the streets or parts of streets described are hereby designated as through streets. Stop signs shall be installed on the near right side of each street intersecting the through street except where yield signs are provided for in the designation.

Name of Street Limits

Disbrow Road Between U.S. Route 34 South and Amboy Road

B. Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule VII thereof (incorporated by reference in code Section 0-7) with the following:

Name of Street Limits

Disbrow Road Between U.S. Route 34 South and Amboy Road

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 Township 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