Old Bridge Township, New Jersey - March 11, 2002 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held on March 11, 2002 in the Municipal Complex. The meeting was called to order at 7:00 p.m. by President Butler.

Moment of Silence - Sixth Month Anniversary of the September 11, 2002 attacks.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, March 28, 2002 at 8:00 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

Presentation - Certificates of Excellence

Mayor Cannon presents certificates to Robin Area 5 Speed Skating Team:

Dawn Brendel, James Coletti, Pamela Erosh, Thomas Antoniazzi, Jessica Barabos, Nicolas Grant, Pamela Giles, James Smith, Alyssa Vass, Danielle Landi, Richard Barabos, Keith Nowak

Mayor Cannon presents certificates to the Robin Speed Skating Team coaches:

Tim Mahoney, James Smith, Kyle Seltzer, Allison Vasas, Barbara Grant, Richard Antoniazzi, Tony D'Agosto, Pete Pero, Tom Badcock

Barbara Erosh: On behalf of NJ Special Olympics and the Robin Speed Skating team, I thank Mr. Badcock, Mayor Cannon and the Township Council. There are only two speed skating teams in the State of New Jersey. The Township is kind enough to donate the ice time; we get the uniforms donated.

Presentation - Certificates of Excellence

Mayor Cannon presents certificates to Old Bridge Knights Basketball Team - 1st place- Mid-Monmouth League and 1st place - Mid-Monmouth Tournament:

Glen Anderson, Kahill Bennett, Justin Conover, Marcus Crawford, Danny Dirscherl, Chris Donnelly, Jamaar Figueroa, Akili Galloway, Freddy Giorlando, Justin Linkletter, Joe LoBue, Ray Reyes, Rafael Vasco, John Zimmerlink

Mayor Cannon presented certificates to the following coaches:

Pat Dineen, Rick Conover, Jim Dirscherl

Mr. Dineen: Congratulations to the recipients of the certificates this evening. I thank the Mayor and the Township Council for recognizing these gentlemen. Anthony Cutrone, who has been president of the basketball league for seven years, has brought basketball in this town to another level. Thanks to the parents of these great children.

President Butler: We thank you for coaching these children.

RESOLUTION NO. 127

BILL LIST

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 March 11, 2002 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 March 11, 2002 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 $19,810,042.49 (Accounts Payable).

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 128

BILL LIST

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 129

BILL LIST

Denied

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 Baker, seconded by Councilman Redmond and so denied on the following roll call vote:

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilmen Calogera, Greene, Maher, Councilwoman Panos.

ABSENT PODIUM: Councilmen Hoff, Testino.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONSOF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of February 2002:

DOGS:

1001-1800 6,161.00

CATS:

384-390 55.00

LICENSE:

Vending

Food - $25.00 each

#1-2 LA Vending 50.00

Candy - $5.00 each

#6-8 LA Vending 15.00

Soda - $ 10.00 each

#1-7 LA Vending 60.00

Limousine

269 Oshansky 35.00
270 Abair 35.00

Used Car

295 Sweeney Auto Repair 350.00
296 Future Chevrolet 350.00
297 Circle Automotive 500.00

1,395.00

SEARCH

1-2002 Victorian Title Agency 10.00

BINGO/RAFFLE

RA 35-02 Greek Orthodox Church 60.00
RA 36-02 Old Bridge High School 10.00
RA 37-02 St Thomas Church 30.00
RA 38-02 Most Holy Redeemer 10.00
RA 39-02 Cheesequake Baseball 30.00

140.00

MISCELLANEOUS:

Photocopies - Copies 28.50

Total: $7,789.50

Deputy Clerk Ward announced that the deadline for voters' registration for the Board of Education election is Monday, March 18, 2002. The Clerk's office will be open until 9:00 p.m.

Motion

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

AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

Report of the Attorney.

Attorney Ruggierio: With respect to Woodland Trails, we are now in a position to file a declaration of taking. The $6.2 million has been paid into court. We have new appraisals in this matter. The amounts of the appraisal are $12,700,000 for the low, and $13,660,000 for the high appraisal. I know that Mr. Shah has asked bond counsel to prepare a bond ordinance for the $7 million more that we need to pay into court to make up the difference.

Some of you may have seen an editorial in the paper concerning the Lambertson acquisition. I don't want to comment on that now because notwithstanding the editorial which is not accurate, there have been additional conversations with the property owner's attorneys, and I believe that I will be in a position next week to present an alternate proposal as initiated by their side, and assuming they respond to me that my modifications of the proposal are acceptable, we will be in a position to discuss this at the next agenda meeting.

The Sommers case has been dormant for a while. Judge Wolfson has accepted a position in the McGreevey administration. Judge Galati will be the judge in the Sommers case. We had extensive negotiations between the Sommers and the township on the final six or seven items last Thursday. We are down to a couple of items that I think the judge will be able to deal with when we meet in a few weeks. Once that agreement is resolved, we will concentrate on the insurance carriers. We expect to be getting our insurance carriers under agreement to provide the $6 million for the remediation involved. I know that the new members of council do not have a handle on this case; it is complicated. I will take Mr. Baker's suggestion to give you a recitation in writing. You may then ask me questions.

There is court-ordered remediation in the Brunetti/Town Centre zoning matter. Ms. McKenzie was appointed by Judge Wolfson to be a mediator. This is non-binding so that we can report to you after the process.

Councilman Redmond: What occurs in court-ordered remediation?

Attorney Ruggierio: Judge Wolfson has been successful in settling many zoning cases because zoning was his background when he was an private attorney. Ms. McKenzie is accomplished in recognizing issues acceptable to reach a settlement, and we are happy to cooperate with the court. Sam Rizzo is a knowledgeable planner, and I cannot imagine that his knowledge of the town centre zoning would not be very persuasive to Ms. McKenzie, but this is our first opportunity to meet her and present our issues. If it appears that the remediation cannot be successful tomorrow, Judge Wolfson indicated that he wanted Ms. McKenzie to write a report to the court as to what she saw the issues to be. I analyzed the issue with Sam Rizzo last week, and I think that we are in good shape legally.

Councilman Hoff: What is the new appraisal for Cedar Ridge?

Attorney Ruggierio: The high appraisal is $13,660,000.00.

Councilman Hoff: Did the same appraiser give us the $6 million appraiser?

Attorney Ruggierio: Yes. I was reading the appraisal, and there is an indication that they are attributing a 1.25% per month rise in housing costs for approved lots between the original time of the appraisal and now.

Councilman Hoff: I was opposed to this. We are up to $13 million. Can we get out now?

Attorney Ruggierio: Because I have not filed the Declaration of Taking, the technical answer is "yes", I believe that we can get out now. I am going to file it (Declaration of Taking) as per the direction of the council. The Mayor signed it tonight, and I hope that the Clerk will sign it tomorrow, and I shall take it to New Brunswick. Once filed, we will then own the property.

Councilman Hoff: Is there no way to stop the action?

Attorney Ruggierio: After 3:00 p.m., it will be unlikely that we can reverse the action after the declaration is filed.

Councilman Hoff: Suppose this is not filed tomorrow?

Attorney Ruggierio: I am sure that we will have the property owner argue to the judge that we are obligated to file the declaration, or in the alternative, if the court rules that we don't have any obligation to acquire property that we don't want to acquire, then we would be subject to "temporary taking damages" i.e., the value of the property for the time that we kept it off the market - as little as three months or as long as six to eight months.

Councilman Hoff: I am going to urge the council to ask you to take the steps to get us out of this deal because $13 million is too much to pay for the property. It was appraised at $6 million one year ago.

Motion

to instruct the attorney to discontinue the cease all activity involved in acquiring the property known as Cedar Ridge II made by Councilman Hoff with no second.

Councilman Testino: How much money did Old Bridge post with the court?

Attorney Ruggierio: We are providing gap financing, but we have $2 million from the county, and we are getting $3.5 million from Green Acres. We are getting a $3.5 million loan from the open space trust. We have posted $4.5 million of our money, but we expect reimbursement.

Councilman Testino: Is there $2 million left on the old bond?

Attorney Ruggierio: I think that we put up a bond for $6.5 million.

Councilman Testino: You are recommending that we bond for another $6 million or did you ask Mr. Shah to investigate how much more to bond for?

Attorney Ruggierio: I reported to Mr. Shah what the values came in at - $13,660,000 - and told him that we had already posted $6.5 million with the court, and that we needed to bond for the difference.

Councilman Testino: Mr. Redmond had been lobbying the county officials to get additional money. What do we do to pursue that for the additional $6 million that we need to post?

Attorney Ruggierio: I sent the appraisals to Mr. Badcock, and I know that he is going to send them to green acres to get money committed from green acres. He has explained to you that they money does not necessarily come immediately. I assume that Mr. Redmond would lend his good offices to county contacts to try to get additional money from the county.

Councilman Testino: Why not have Mr. Badcock send those appraisals to the county and have someone contact them and ask what they are willing to do now that we have the hard number and you are filing the declaration? Once we have the declaration, we start to refund ourselves. How do we get the money in from the state to short fuse the $12 million on the line?

Attorney Ruggierio: I think that we are on the fast track for the infrastructure loan money. Within the next few months, we should have the money in from the infrastructure and the green acres money committed. As to the additional money, I would have to rely on what Tom says.

Councilman Testino: Please add to the next agenda a work session to try to figure out how soon and to what extent we are going to keep our exposure running on the "gap" financing. I want to cut down the cost to the residents, and I would also like to see how much is available from our open space tax fund that can be put toward this, and try to get the exact dollars worked out for general obligation bonds as opposed to what we have in the trust fund and what can be supported by other than general obligation bonds. I hope the county knows that we are pleading.

Councilman Redmond: The county agreed to give us $2 million in October 2000, and now we are putting the money in escrow. During this time property values increase. I would like a chronology from administration as to how we got to this point. I am talking about a resolution from the county in October 2000 - the freeholders voted to give us $2 million for the acquisition. We had said prior to that we had already said to go ahead with the condemnation.

Mayor Cannon: We were trying to negotiate a sale, but we were not successful. The council authorized the taking only last summer.

Attorney Ruggierio: The county would not give us $2 million before we acquire the property.

Mayor Cannon: The $2 million was to help us in the acquisition process based on appraisals gotten in May, 1999. We were trying to accumulate the dollars to go ahead with a potential purchase. We were never able to get the developer to agree to sell us the property.

Councilman Redmond: We never expected them to sell us the property. By waiting until now, we have gotten to the number they were looking for originally. I think that we should move ahead with this. These things have to move quicker.

Mayor Cannon: The council did not take official action until the end of last year. Even though there was a push by some for a condemnation, there was some reluctance on the part of the council to move that forward, and we were instructed to negotiate.

Attorney Ruggierio: The land owner contested our right to take the property. We resolved that contest on December 18, 2001 which required us to put the money into court within sixty days.

Mayor Cannon: We did get word from the infrastructure trust that we are eligible for a $3 million loan which we will not get until fall, and we could get additional money based on the new appraisal.

Councilman Testino: We need the workshop to add up the numbers. When we were considering $5.2 million, they were considering $14 million. We were skeptical of the numbers being afraid that it would come in at $14 million.

Councilman Greene: This developer was before one of the township boards trying to get approval to build 139 units on that property. I expressed my concerns about the value of the property. I always felt that this was coming in at $14 million. There was a certain amount of reluctance in taking that step to condemnation. I don't think there was one particular reason why there was a delay. This was a complicated issue in jockeying on the part of the developer and concerns as to what it was going to cost us.

Councilman Hoff: I have been opposed to this and you laughed when I said that it was going to cost $14 million. My recommendation is to get out now. We keep losing more money.

Motion

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

AYES: Councilmen Baker, Greene, Hoff, Maher, Redmond, Councilwoman Panos. President Butler.

NAYS: Councilman Testino.

ABSENT PODIUM: Councilman Calogera.

Preliminary public comments.

Mr. Armitage (52 Highpointe Way): The fence on Highpointe Way near Geick Park needs to be replaced; it is blocking a retaining wall. Someone could be hurt. There is $60,000 anticipated from the lack of a traffic light at the end of Highpointe Way on Rt. 516.

President Butler: Requests administration to investigate.

Councilman Baker: Can we have a commitment as to when the administration is going to respond?

Ms. Shepler: I will have a written report within one week.

Mr. Cutrone (with Melissa Conover, President OB Basketball Association): We are here to kick off "Project Graduation" which is an alcohol/drug free night which is held on graduation day. The students needs to raise $18,000; they have $6,000. In conjunction with the OBPD, there will be a series of basketball games between the basketball team and the police officers. We are asking for this to be put on the marquis on Rt. 516 and Cottrell Road and on the cable station. The first game is March 21 @ 7:00 p.m. at the West Campus. We need the support of the council and the township.

President Butler: This is a great cause, and I believe that we should support this.

Councilman Calogera: I have been at Project Graduation many times; it is a wonderful night.

Mayor Cannon: The municipal alliance gives $2,500; we applaud the program. I am sure that we will contribute and support you.

Mrs. York: Encouraged the council to push the state into completing the construction on Rt. 18 and to repair Charles Street. She read the resignation letter to the Parking and Transportation Committee from Richard Zipp. The township has lost a man who is going to be hard to be replaced. He was a committed volunteer who cared about this town.

Patrick Falcone: I am here on behalf of Anthony and Patricia Falcone who live at 107 Autumn Road (Cheesequake Commons). They purchased the property from the Jerald Development Group. The C/O was issued in November 2001. The Falcone's have incurred a lot of ponding water due to a grading problems. I have been in contact with the township via letters dated February 20, 2002 and February 28, 2002 pleading our case to the town. I have also enclosed copies of French and Parello's report of my client's problems. Tremendous amounts of water accumulates in the backyard rendering that area useless. As water accumulates there will be the possibility of stagnant water pooling. I have sent you copies of all correspondence with the township. The developer put clay around the backyard which adds to the problem. Our report recommends regrading in the backyard and installing a storm drain at the northern end of the property. That view may not be shared by the township engineer, but it is recommended by French and Parello.

President Butler: Have you gotten any recommendations from the township engineer?

Mr. Falcone: We are looking for a detailed plan and a time frame from the developer.

Mr. Vincenti: The engineering department is aware of this situation. I had a verbal agreement with Mr. Falcone, Mr. Falcone's client, who agreed to defer to have the problem addressed at an appropriate time in the Spring when the grading can be done and the grass can grow. I have an agreement in writing that he will remediate the problem. We are well aware of the problem and are working toward a solution. Working at the property with heavy equipment would do more harm than good. I have a verbal agreement from the homeowner that he recognizes that fact. I am a little put back that they are here tonight taking this position contrary to what they agreed to.

Councilman Maher: This portion is not to be dialogue. We are deviating from our normal procedures. I am comfortable that the engineering department is on top of this. Let's follow up in sixty days to be sure it is resolved.

Hearing.

Prest Mills Estates - release/reduction performance guarantee - Monday, July 8, 2002 at 7:30 p.m.

RESOLUTION NO. 130

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

01/01/02 Reconvened/Reorganization

01/07/02 Agenda

01/14/02 Regular

02/11/02 Executive

Moved by Councilman Maher. Seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Baker, Councilwoman Panos.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 06-02

ORDINANCE AMENDING OLD BRIDGE LAND DEVELOPMENT CODE
WITH RESPECT TO ESCROW DEPOSITS FOR REVIEW OF PLANNED DEVELOPMENT APPLICATIONS

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 amend section 12-2B(1) of the Old Bridge Land Development Ordinance to revise the amounts of escrow deposits for review of planned development applications.

SECTION 2: AMENDMENT

Section 12-2B(1) of the Land Development Ordinance of the Township of Old Bridge is amended by substitution with the following language:

1. Any applicant for development shall post the following initial sums to be held in escrow:

Type of Development Application Professional Review Escrow Fee

a. MINOR SUBDIVISION $500.00 per lot

b. MAJOR SUBDIVISION

Preliminary

(I) 1 to 50 lots $2,500.00 (1^st lot) + $100.00 each additional lot up to 50

(ii) 51 to 250 lots + $75.00 each additional lot over 50 up to 250 lots

(iii) over 250 lots for all additional lots above 250, $50 per lot

Final

(I) 1 to 50 lots $1,250.00 (1^st lot) + $50.00 each additional lot

(ii) 51 to 250 lots + $37.50 each additional lot over 50

(iii) over 250 lots + $25.00 each additional lot over 250

c. MINOR SITE PLAN

Fee for Minor Site Plan: $1,000.00

d. MAJOR SITE PLAN

Residential - preliminary $2,500.00 (1^st unit) + plus $100.00 each additional unit

Residential - final $2,500.00 (1^st unit) + $50.00 each additional unit

Non-Residential - preliminary

(I) Less than 1,001 square feet $3,500.00

(ii) 1002 - 5,001 square feet $4,000.00

(iii) 5002 - 10,001 square feet $5,000.00

(iv) More than 10,001 square feet $7,500.00

Nonresidential - final $3,000.00

General Development Plan as per 1. Less than 100 acres . . . . . $5,000.00

N.J.S.A. 40:55D-45.1 2. 100 acres - 1,000 acres . . . $7,500.00

3. 1001 acres - greater . . . . . $10,000.00

Application to revise or amend $5,000.00

General Development Plan

e. PLANNING PERMITS $1,500.00

(Pursuant to N.J.S.A. 40:55D-34 and N.J.S.A. 40:55D-35)

f. APPEAL $1,500.00

(As set forth in N.J.S.A. 40:55D-39a, Appeal from Administrative Official or Agency)

g. INTERPRETATION $1,000.00

(Pursuant to N.J.S.A. 40:55D-70b)

h. CONCEPTUAL REVIEW BEFORE PLANNING BOARD:

(I) Proposed small scale $1,500.00 development (Less than 10 acres)

(ii) Proposed large scale $3,000.00 development (More than 10 acres)

I. YARD AND BULK VARIANCES

(Pursuant to N.J.S.A. 40:55D-70c)

(I) Lot variance $500.00

(Application involving only one lot occupied or to be occupied by only one single family dwelling)

(ii) Application by single or two $0.00 family homeowner of single lot or bulk variance (Homeowner application involving remodeling, deck, pool, or expansion of existing home)

j. USE VARIANCE

(I) D variance for floor area ratio, height and/or density for a single building $750.00

(ii) all other variances sought under N.J.S.A. 40:55D-70d) $2,000.00

k. RE-SUBMISSION OF PLANS 30% of original escrow fees (required for all applications)

l. INFORMAL TECHNICAL REVIEW - PREAPPLICATION:

Unless waived by administrative officer, escrow fees will be posted as follows:

(I) Proposed small scale $1,500.00 development (Less than 10 acres)

(ii) Proposed large scale $3,000.00 development (More than 10 acres)

m. SPECIAL MEETING FEE:

If the applicant requests a special meeting to be scheduled for consideration of an application and the board grants such request, the following additional amount shall be deposited to escrow as a condition for holding the said meeting:

For each special meeting to be deposited within twenty-four (24) hours
of the granting of the request .................................................$1,500.00

SECTION 3: APPLICATION FEES

Application fees for land use applications are hereby amended as follows:

A. Generally

Every application for development, application for a land disturbance permit or application for a sign permit shall be accompanied by a check made payable to the Township for the application fees set forth below. Such fees are required to cover the cost of administering and processing the review procedures. An applicant seeking more than one type of approval in an application for development shall pay an aggregate fee equal to the total of all fees or each separate approval requested. Separate fees shall be payable for use variances and bulk variances.

B. Subdivisions

1. Residential

a. Minor Subdivision $500 plus $45 per lot

b. Major Subdivision

(1) Preliminary Approval $500 plus $45 per lot

(2) Final Approval $500 plus $33 per lot

2. Nonresidential

a. Minor Subdivision* $500 plus $110 acre or portion thereof

*In the case of a minor subdivision wherein one or two lots are to be subdivided out of a much larger tract such that the area of the created lot(s) is less than or equal to 25% of the total tract area, the area for fee calculation purposes shall be taken as 1-1/2 times the area of the created lot(s).

b. Major Subdivision

(1) Preliminary Approval $500 plus $110 per acre or portion thereof

(2) Final Approval $500 plus $55 per acre or portion thereof

C. Site Plans

1. Residential

a. Minor Site Plan* $500 plus $50 per acre or portion thereof

b. Major Site Plan

(1) Preliminary Approval $500 plus $45 per dwelling unit

(2) Final Approval $500 plus $33 per dwelling unit

c. Nonresidential

d. Minor Site Plan* $500 plus $75 per acre or portion thereof

e. Major Site Plan

(1) Preliminary Approval $500 plus $110 per acre and $.02 per square foot of Gross Floor Area

(2) Final Approval $500 plus $55 per acre and $.02 per square foot of Gross Floor Area

*In the case of a minor site plan or preliminary or final approval of a major site plan wherein the portion of the lot/tract which is the subject of the application is less than or equal to 25% of the total lot/tract area, the land area (acres) for fee calculation purposes shall be taken as 1-1/2 times the land area of the subject portion.

D. General Development Plan

$500 plus $30 per dwelling unit

plus $.02 per square foot of non-residential Gross Floor Area

E. Variances

1. Appeals $150

(40:55D-70(a))

2. Interpretation $150

(40:55D-70(b))

3. Bulk $150

(40:55D-70(c))

4. Use $365

(40:55D-70(d))

5. Permit $150

(40:55D-34 & 36)

F. Conditional Use Permits See Site Plan Fees (40:55D-67)

G. Appeals to Governing Body $365

H. Certificate of Approval Exempt Subdivision $50, $25 for recertification

I. Land Disturbance Permit $50 plus $10 for each 100 acres in excess of the first 10 acres

J. Sign Permit $22.00 per sign plus annual renewal fee of $22.00 per sign

K. Notice of Decision $20.00 (other than applicant)

L. Concept Plan $500 plus $30 per lot (credited towards or $55 per acre or review fees of the portion thereof same application whichever is the greater for development)

M. Photocopying Charges

1. Public Records.

First page to tenth page $.75 per page. Eleventh page to twentieth page $.50 per page. All pages over twenty $.25 per page. The above rates shall apply unless otherwise set by law.

If the Director of the Department of Community Development or his designee find that there is no risk of damage or mutilation of such records and that it would not be incompatible with the economic and efficient operation of the office and the transaction of public business therein, he may permit any citizen who is seeking to copy more than 100 pages of records to use his own photographic process, approved by the Director of the Department of Community Development or his designee, upon the payment of a reasonable fee, considering the equipment and time involved, to be fixed by the Director of the Department of Community Development or his designee of not less than $10.00 or more than $50.00 per day.

SECTION 4: 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 5: 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 6: 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 Calogera, seconded by Councilman Greene and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands President Butler closed the public portion, and the following discussion took place.

Councilman Testino: I would like a report from administration outlining how much money we are paying our professionals from the escrow deposits.

Ms. Shepler: Do you want a report from December 31 of last year?

Councilman Testino: I would like a report for at least one year running so that I can get a fix as to what kind of work is being done.

Councilman Redmond: When are we getting the down zoning material for the master plan and the land use element?

Mayor Cannon: That is the zoning element. It is being reviewed by our in-house planner, and I expect it to get to council within the next month or two.

Councilman Redmond: Can we get a date? It is easy to change the fees so that the professionals get more money, but we are spending a lot of money on open space and trying the best we can to keep development to a minimum, but we cannot get the land use part of the master plan that is supposed to be down zoning it so that we don't have to be buying all this open space. There is always something else about changing the land development ordinance for fees for signs, to give more money for professionals.

Mayor Cannon: You have to do this anyway; this is not the zoning ordinance.

Councilman Redmond: They are all in the same ordinance.

Mayor Cannon: We just received the last chapter at the beginning of the year, and they are reviewing it and we will have it shortly.

Councilman Redmond: Can we get a workshop together? We had one meeting with Sheehan, and we are not moving on it. Did you give Sheehan on the parts that you already reviewed?

Mayor Cannon: I believe Mr. Rizzo has.

Councilman Testino: Let's get a report next meeting.

Mayor Cannon: I would have hoped that we would have had it to you at the beginning of this year. There is a lot of detailed material that has to be reviewed to make sure that all the uses are correct. I would have liked to have this to you six months ago, but it is moving, and you will have it within the next month or two.

Ordinance for Second Reading.

Township of Old Bridge
Ordinance No. 07-02

BOND ORDINANCE AUTHORIZING THE RESURFACING OF THE INVERNESS COMMUTER PARKING LOT IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $400,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $400,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $400,000.00; and

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $400,000.00

Section 3. The sum of $400,000.00 to be raised by the issuance of bonds or bond anticipation notes, is hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $400,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $400,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $35,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

	Purpose/Improvement	Estimated Total Cost	Down Payment	Amount of Obligations	Period of Usefulness
A.	Resurfacing of and Related Improvement to the Inverness Commuter Parking Lot. Together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto.	$400,000	$0	$400,000	5 years

Section 8. Grants and or other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $400,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 11. The dedicated Parking Utility Fund Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended dedicated Parking Utility Fund Budget and Parking Utility Fund Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 12. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 13. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands President Butler closed the public portion, and the following discussion took place.

Councilman Testino: I was pleased that the meeting discussing the traffic light at this location went well. Many are happy with the results and that we have the support of the police department. We can go ahead without the professionals saying that we did not do something right. I am glad to see that this lot can be better utilized. Perhaps in the future we can do even better things.

Councilman Calogera: This parking lot will greatly benefit the residents in this area. I want to be sure that we are aware of the buffers between the parking lot and the residences. I want us to consider no parking on Inverness once the lot if repaved and operational.

Councilman Testino: Why not have the schematics come before the council. The parking lot has to be designed.

Mayor Cannon: We will make sure that adequate buffers are in place.

Ordinance for First Reading.

1. Globespan Tax Abatement - Removed.

Ordinance for First Reading.

Ordinance No. 08-02

An Ordinance of the Township of Old Bridge
Establishing a Parking Fee for the Inverness Drive Commuter Parking Lot

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

Section 1. Purpose

This ordinance establishes a $1.00 parking fee for the Old Bridge Township commuter parking lot located near the intersection of Inverness Drive and Route 9.

Section 2. Parking Fee

The Township of Old Bridge hereby establishes a daily parking fee of $1.00 per parking space at the Inverness Drive Commuter Parking Lot. The collection of parking fees shall not be instituted until the Mayor certifies the resurfacing of the commuter parking lot projected to occur in 2002 is complete.

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

AYES: Councilmen Baker, Greene, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

Ordinance for First Reading.

Township of Old Bridge
Ordinance No. 09-02

An Ordinance Amending Old Bridge Land Development Code to
Set Fee for Signs Giving Notice of Development Application

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 amend Ordinance 52-01 in order to set a fee for signs applicants are required to post to provide notice of a proposed development.

Section 2. Ordinance

Township of Old Bridge Ordinance No. 52-01 is amended as follows:

Section 4-3 of the Old Bridge Land Development Ordinance is amended to include Subsection M which shall state as follows:

M. Posting of Notice of Development Application

Upon the filing of an application for development, applicant shall post a sign upon the property which is the subject of the application. Such signs shall provide notice to the public that the property is the subject of a proposed subdivision, site plan, and/or variance application. The signs shall be obtained by the applicant from the Township of Old Bridge at the expense of the applicant. The fee for such signs shall be $150.00 per sign. Signs shall be posted in such a manner so that one sign is clearly visible from all the roadways which abut the subject property. Signs shall be posted within seven days of the filing of the application and shall not be removed until the application is approved, rejected or withdrawn.

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 Calogera and so ordered on the following roll call vote:

AYES: Councilman Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

Ordinance for First Reading.

Township of Old Bridge
Ordinance No. 10-02

An Ordinance of the Township of Old Bridge Amending Various Health Department Fees

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

Section 1. Purpose

This ordinance establishes a new schedule of fees for the licensing of retail food establishments and also establishes a five ($5.00) dollar fee for certified copies of vital statistics.

Section 2. Retail Food Establishment Fees

Section 19-10.5 of the Code of the Township of Old Bridge is hereby deleted in its entirety and replaced with the following:

19-10.5 Fees. The following shall be the schedule of fees for each retail food establishment.

a. All persons required to be licensed pursuant to this subchapter shall pay an annual license fee as follows:

1. Restaurants

Seating Capacity Fee

1 - 49 $150.00

50 - 99 $250.00

100 or greater $350.00

2. Retail food stores other than restaurants

Square Feet Fee

0 - 2,500 $ 75.00

2,501 - 5,000 $150.00

5,001 - 7,500 $200.00

7,501 - 9,999 $250.00

10,000 or greater $350.00

3. Mobile Vendors

Units with food preparation $125.00

All food items pre-packaged $100.00

Ice Cream or Ices $100.00

b. Reinspection. There shall be a fifty ($50.00) dollar fee for each reinspection which is required as a result of an inspection rating other than satisfactory.

Section 3. Certified Copies of Vital Statistics

Chapter 19 of the Code of Old Bridge is amended to include the following subchapter.

19-14. Fees for certified copies of vital statistics. There shall be a fee of five ($5.00) dollars for certified copies of vital statistics.

Section 4. 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 5 Partial Invalidity.

Section 6. 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 Baker and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

Ordinance for First Reading.

Township of Old Bridge
Ordinance No. 11-02

An Ordinance of the Township of Old Bridge Setting Fees for Summer Recess Daycare Program

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

Section 1. Purpose

This ordinance establishes the fees for the 2002 Summer Recess Program pursuant to the recommendation of the coordinator of the Before &After School Daycare program.

Section 2. Fees

A. Tuition fees for the Summer Recess Program (Grades K-5) shall be $950.00 per child.

B. Tuition fees for the Summer Recess program for middle school children (Grades 6-8) shall be $1,100 per child.

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 Maher and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Councilman Testino, Councilwoman Panos, President Butler.

NAYS: None.

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

President Butler: Since this was not discussed at the agenda meeting, I will allow discussion tonight. Please give the rationale as to why we need to do this.

Ms. Shepler: This came to us subsequent to the agenda, and I am asking that you move this due to the time frame. We are asking for a 3% increase in fees for the summer recess program. Additionally, we are expanding the program to include a full-day, nine week summer recess program for middle school children age for grades six, seven and eight.

Councilman Testino: Prior to second reading I would like to see an accounting for this dedication for rider.

Mayor Cannon: They have not had a fee increase for a number of years.

Consent Agenda.

President Butler opened a public portion. Seeing no hands President Butler closed the public portion.

RESOLUTION NO. 131

GRANTING PERMISSION FOR A BLOCK PARTY - HEATHER DRIVE

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 Heather Drive at the intersection of Alpha Avenue and Gaub Road for the purpose of a block party to be held on July 27, 2002 (rain date July 28, 2002).

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 Heather Drive be completely closed to vehicular traffic from the intersection of Alpha Avenue and Gaub Road. 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 Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 132

AUTHORIZING CANCELLATION AND TAX REFUND OF THE CURRENT YEAR TAXES FOR 100% DISABLED VETERAN - CANDACE FRANCHINO

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

WHEREAS, N.J.S.A. 54:4-3.30 et. seq. authorized an exemption from local property taxation the property of any veteran who has been declared by the United States Veterans Administration to be 100% disabled as of the date of same, and

WHEREAS, Candace Franchino, who owns and resides at 438 Brookside Avenue also known as Block 17, Lot 438, has filed for the above mentioned exception with the Tax Assessor, and

WHEREAS, Candace Franchino was declared a 100% Disabled Veteran on July 1, 1997, a copy of said declaration being filed with the Tax Assessor, and has owned the above mentioned property since November 14, 2001.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel a portion of the 2001 calendar year taxes and all of the 2002 calendar year taxes that have been billed on the above referenced property.

FURTHER, BE IT RESOLVED, by the Township Council of the Township of Old Bridge that any payments for taxes made for the period after November 14, 2001 be refunded including any interest and principal paid by Candace Franchino.

Levy Amount Payment Amount to be Canceled to be Refunded

2001 $263.66 $263.66

2002 $981.66 -0-

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 133

RESOLUTION AUTHORIZING CONTRACT WITH CME ASSOCIATES FOR CONSULTING SERVICES FOR THE ZONING BOARD OF ADJUSTMENT

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

WHEREAS, the Township of Old Bridge requires the services of an Engineering Consultant for professional services to the Zoning Board of Adjustment; and

WHEREAS, CME Associates is a licensed New Jersey engineering consulting firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering consulting service to the Township Zoning Board of Adjustment from escrow funds.

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

A contract for professional services is authorized to be entered to with CME Associates located at 3141 Bordentown Avenue, Parlin, New Jersey 08859 being funded by the escrow account.

The award of the contract is contingent upon the availability of funds from the escrow account.

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.

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 the filing of Affirmative Action Form AA304 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 134

AUTHORIZING CONTRACT TO ENVIRONMENTAL RESOLUTIONS, INC.

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

WHEREAS, the Township of Old Bridge Engineering Department requires assistance for the review of development applications submitted to the Planning Board during the year of 2002; and

WHEREAS, the Township Engineer recommends Christopher J. Noll, PE, Environmental Resolutions, Inc., 124 Gaither Drive, Suite 160, Mount Laurel, New Jersey 08054 be appointed as the consulting engineer; and

WHEREAS, Environmental Resolutions, Inc., a licensed New Jersey firm, was and is recognized as capable and available to undertake such work.

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

The firm of Environmental Resolutions, Inc., be and hereby is awarded a contract for assistance to the Township Engineering Department for Planning Board review. This award shall be for an amount as per the attached fee schedule.

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

The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of his 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 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 Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 135

AUTHORIZING CONTRACT TO MARK REMSA, P.P. PLANNING CONSULTANT TO THE ZONING BOARD OF ADJUSTMENT

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 a professional planning firm for the purposes of providing consultant services to the Zoning Board of Adjustments; and

WHEREAS, Mark Remsa, P.P., a licensed New Jersey firm, was and is recognized as capable and available to undertake such work.

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

Mark A. Remsa, PP, CLA, AICP, ASLA, with principal offices located at 10 Dewberry Court, Mount Laurel, New Jersey 08054 be and hereby is awarded a contract for assistance to the Zoning

Board of Adjustment for consultant services.

The amount of the contract shall be at the rate of $135.00 per hour. The amount of the contract is contingent upon the funds being paid out of escrow.

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.

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 136

RESOLUTION AWARDING A 2002 CONTRACT FOR GARY LOVALLO TREE SERVICE (CMF)

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

WHEREAS, the Township Council wishes to award a contract for professional forestry services for protection of trees and forest resources in the Township; and

WHEREAS, the Township Planning Board has recommended that a contract be awarded to CMF, a Tree Expert Company, located at P.O. Box 564, Old Bridge, New Jersey.

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

CMF, a Tree Expert Company, is hereby awarded a contract in the amount of $70.00 per hour, which includes all insurance coverages; discounted 10% if used bi-monthly (16 hrs.); 20% for weekly schedule (8 hrs.); legal paperwork and investigations involving litigation to be charged at the rate of $85.00 per hour, plus expenses and court testimony to be charged at the rate of $150.00 per hour.

The fee for said contract will be paid out of escrow and, therefore, a Certification of Availability of Funds is not required.

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 137

AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THOMAS NORMAN, ESQ.

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

WHEREAS, the Legal Department of the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys; and

WHEREAS, such action should be memorialized.

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

The contract previously granted to Thomas Norman, Esq., for the purpose of representing the Township of Old Bridge in the matter of K. Hovnanian vs. Old Bridge Township Planning Board be extended in the amount of $15,000.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1037 certifying the existence of a sufficient appropriation to fund the said contract.

There will not be a necessity for an additional contract to be provided, as the original contract is presently on file with the Township Clerk's office.

The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.

5. Subject to the maximum amount authorized above and as available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

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