A Combined Meeting of the Township Council of the Township of Old Bridge was held on July 8, 2002 in the Municipal Complex. The meeting was called to order at 7:36 p.m. by President Butler.

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, July 22, 2002 at 7:30 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Councilwoman Panos, President Butler. Councilmen Maher and Testino arrived after the roll call had been taken. Councilmen Hoff and Redmond were absent.

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 June 2002:

DOGS:

2682-2881 1,570.00

CATS:

277-320 317.00

LICENSE:

Vending

Candy - $5.00 each

#70 Club 516 5.00
71-76 VendLink 30.00
77 Lakeridge Swim Club 5.00

Soda - $10.00 each

#36-50 Vendlink 140.00

(#46 voided)

51 Lakeridge Swim Club 10.00

Amusement - $25.00 each

#26-129 Club 516 100.00
130-131 Vendlink 50.00
132-135 Friendly Sons 100.00

Food- $25.00 each

#6 Vendlink 25.00

Limousine

316 Zagalsky 35.00

Hot Dog

265 & 314 Don's Dogs 100.00

Ice Cream

310 & 311 Osman Ice Cream 50.00
318 & 319 O'Herns Ice Cream 50.00

700.00

Liquor License - Renewals

1209-33-004-002 Sideline Lounge 1,576.60
1209-33-033-006 Browntown Inn 1,576.60
1209-33-019-004 Billy Bud's 1,576.60
1209-33-005-009 Murphy's Bar & Grill 1,576.60

Liquor License - Transfers

1209-33-018-006 Gene O'Rouke to Browntown Inc.
(MARKOW)Person to Person & Place to Place - 315.32

$6,621.72

BINGO/RAFFLE

RA 50-02 Congregation Beth Ohr 10.00
RA 51-02 Old Bridge Elks 500.00

510.00

MAPS

1 Street & 1 Ward Map 10.00

MISCELLANEOUS:

Photocopies - Copies 74.25
Late Fee - DOG 438.00
Late Fee - CAT 36.00

Total: $10,276.97

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Redmond, Testino.

Report of the Attorney.

Attorney Ruggierio: We have a hearing in the Sommers case to determine whether or not we can accept $1.86 million in settlement. The council has not heard a global description of the case.

We have unfortunate news in the last two weeks with respect to cases which are closely related. One of the cases was determined in an adverse way because of the other case. The Conde v Old Bridge case was on appeal. We lost that case at the trial level because the judge determined that even though Mr. Conde had a criminal record after he stopped being a police officer in Old Bridge, the council was not justified in its decision to deny him this special compensation. The Appellate Division sustained that, and because of legal ethics when an adverse decision is made in a case that is closely related to another pending case, we are obligated to give it to the trial judge. Since we had a motion pending in connection with Franks, Sicola, Popek, et al in connection with their claims to special compensation, the judge decided that they were entitled to receive special compensation as well. The good news is that the trial judge in the Condi case gave Mr. Conde about $40,000 in pre-suit interest which we resisted. The Appellate Division knocked that out. The township will end up paying the amount of special compensation as called for in the collective bargaining agreement without any additional amounts added on to that.

Motion

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino, Redmond.

Preliminary public comments.

Ms. Irene Clavering, Mr. Burt Cooper, Mr. Jody Raden, Ms. Allie Radoncic, and Ms. Stern all voiced their concerns about the proposed 4% increase in rents.

Ms. Greenberg: Expressed her concern about the incident of inappropriate behavior which occurred at a previous council meeting wherein a member of the audience verbally abused a council member.

Mr. Pallister (103 Rt. 51): The animal control officers have always worked feverishly to provide adoption for our unwanted pets even though the facility has been starved for necessary upgrades. Ms. Brucker has succeeded in treating the homeless pets and animals very successfully. The animal control should be considered in two different facets - the first being the security from a vicious dog; the second is the humanitarian aspect finding homes for abandoned pets. It is our obligation to provide for this lower life form and treat them as we treat homeless persons. We must never treat them as something with an expiration date for disposal. This will not happen if the kennel stays under the control of the township.

Hearing.

1. TMJ Corp. t/a After Dark Liquor License No. 1209-33-035-005.

Attorney Ruggierio: Council will recall that at the last meeting when you were called upon to renew many of the liquor licenses, this particular licensee's name was brought up, and it was at least suggested that there was a potential problem with the renewal of the license because of a stabbing that had occurred in the vicinity of the premises. It was said that this did not occur on the licensed premises. As a result the council determined to table this matter; to give notice to the licensee to show cause why this license should not either be not renewed, or in the alternative, it should be renewed with conditions placed on it similar to the conditions requiring a security guard, etc. which you placed on another license. Our reason for being here is that you can listen to the licensee and its attorney as to why such conditions are not necessary or required or why you should not take punitive action in order to protect the public with respect to the stabbing incident.

Wayne J. Peck, Esq. (representing applicant): We don't want to show cause why you shouldn't attach conditions. My client has no objections to discussing conditions with the council. This incident occurred in the parking lot. In the past four or five months my client has noticed an increase in situations occurring in the parking lot in the late hours, and he believes that this is directly related to Sayreville having gone to a 2:00 a.m. closing. Many people leaving a club in Sayreville are looking for a place to hang out, and they tend to congregate not only in our parking lot, but also in other parking lots without necessarily coming in to our facility. Our proposal was outlined in the notice that my client received. Our facility opens at 6:00 p.m. Our proposal would be that from 6:00 - 9:00 p.m. on Friday and Saturday, we would have someone stationed at the door at all times to check identification of anyone coming in. The business does not pickup until 9:00 p.m. so that person could also from his position at the front door keep an eye on the parking lot. Starting at 9:00 p.m. my client would have a second employee whose sole responsibility would be to provide security in the parking area. My client is looking into the possibility of having someone who is uniformed. I don't mean a policeman, but a security guard and is considering looking into the possibility of obtaining a small vehicle for use in patrolling the parking lot. We have no objection to providing that kind of security. If the council wanted to make that a condition on the license, we would have no objection to that either.

Attorney Ruggierio: If the council deems it reasonable that these conditions be placed on the license as a condition of renewal, that would be the easiest course. These conditions read as follows: On Friday and Saturday from 6:00 p.m. to closing, the licensee will have someone on duty at the door to check I.D. and that the parking lot be patrolled to assure that people are not gathering and/or there shall be such other requirements for security at the licensed premises as the township council deems appropriate. Later in the evening when business picks up, the parking lot would be patrolled by a second employee.

Mr. Peck: The 6:00 p.m. employee would be required to check ID and to keep his/her eye on the parking lot as well. I discussed this with my client, and based on the flow of the business from 6:00m - 9:00 p.m. the place is slow, and they felt an employee could handle that.

Councilman Greene: The employee who begins checking I.D.'s at 6:00 p.m. will stay to closing?

Mr. Peck: That is correct, and the second person would be there from 9:00 p.m. to closing.

Councilman Calogera: Was the incident caused by patrons exiting your establishment?

Mr. Peck: They were patrons escorted from the premises.

Councilman Calogera: The incident escalated from an inside cause?

Mr. Peck: Yes.

Councilman Calogera: Please describe the interior of the premises.

Mr. Peck: When you enter the door there is an oval bar. Within the area of the bar, there is an area where the bartenders serve, and they can walk completely around the bar to serve. The stage area is about eight feet from the bar. There is a VIP room for parties. Towards the back there is a small DJ booth, a men's room and a ladies' room.

Councilman Calogera: How many VIP rooms do you have?

Mr. Peck: One room.

Councilman Calogera: Can you see through it?

Mr. Peck: Correct.

Councilman Calogera: They cannot see the stage?

Mr. Peck: Correct.

Councilman Calogera: Does this create a situation of not being able to police the premise properly because of the obstruction that this petition creates?

Mr. Peck: When the VIP room is being used, there is an employee who is stationed at that room who looks in and can police that separately from those who are policing the general bar area.

Councilman Calogera: Is there a need for the VIP room?

Mr. Peck: You can have bachelor parties, etc.

Councilman Calogera: Is that what it is limited to?

Mr. Peck: It was not in operation when I was there.

Councilman Calogera: I believe that there were five people involved in the altercation, and I believe that there were two types of weapons - a revolver . . . .

Mr. Peck: The bouncer escorted these people out there and advised them to get into their vehicles and leave. When he left, he thought that was what they were doing. He then returned. The only information we have about what occurred in the parking lot was the information given to us by the detective. My client was not aware that there was a revolver involved. We know there was a knife involved because we know there were stabbings.

Councilman Calogera: How many security persons at your place?

Mr. Peck: There are two on duty on Friday and Saturday evenings.

Councilman Calogera: I want to know if what we are asking for is ample. If you already have two people, you are not adding anything.

Mr. Spalliero: The second person runs ice and loans beer, and the other security guard at the door checks identification.

Mr. Peck: Did you envision the two people that the council is asking for as two additional people. We will be bringing the security number of people to 3.5 or 4.

Attorney Ruggierio: Do you solemnly swear that the testimony that you are giving in this matter is the truth, the whole truth and nothing but the truth, so help you God"?

Mr. Spalliero: I do.

Attorney Ruggierio: Was the testimony that you have given so far that was not under oath, truthful?

Mr. Spalliero: Yes.

Mr. Peck: And you reaffirm all of it?

Councilman Calogera: My concern is not only having the public safety of patrons, but also having enough security personnel to assure that they can handle situations which may arise - use of physical force, etc.

Mr. Peck: The two positions outlined in my presentation anticipated being two new positions, not shifting of current employees.

Mr. Spalliero: I thought the council was just asking us for the patrol of the parking lot.

Councilman Calogera: The addition will be one security person on Friday and Saturday who will patrol the parking lot by himself. If you are having problems with Sayreville closing at 2:00 a.m., you may do the same thing.

Mr. Peck: When the manager leaves, there are people stilling "hanging" there.

Councilman Testino: Do we have input from the police department as to whether these are sufficient conditions?

Attorney Ruggierio: I don't think that we have heard from the police department. I believe the conditions that we noticed were taken from another facility that the police department did make comments about. I assume that they will endorse these restrictions.

Councilman Testino: I ask that we get the police input before we finalize these conditions.

Attorney Ruggierio: I believe that the last time we were here it was council members who brought up the question of conditioning the license, the police department did not request conditions, but the incident was new at that time. I think this a judgment that the council has to make, but it seems reasonable to me that you would have the additional security person to patrol the parking lot during the busy time. You will have an opportunity to view this if this does not appear sufficient. I have a feeling that the police department will view the conditions as sufficient.

President Butler: You feel that the conditions that the applicant's attorney recommended are solid?

Attorney Ruggierio: They seem solid to me and the types of conditions that you placed on other establishments where you have had problems.

RESOLUTION NO. 348

Liquor License Renewal - TMJ

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

WHEREAS, TMJ Corp. (t/a After Dark), has applied to the Township of Old Bridge, in the County of Middlesex, State of New Jersey, for renewal of their Plenary Retail Consumption License No. 1209-33-035-005 for the period of July 1, 2002 to June 30, 2003;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the license is hereby renewed for the period of July 1, 2002 to June 30, 2003 conditioned upon:

1. On Friday and Saturdays from 6:00 p.m. to closing the licensee have someone on duty at the door to check ID.

2. The parking lot being patrolled from 9:00 p.m. to closing to make sure that people are not gathering.

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

AYES: Councilman Baker, Calogera, Greene, Maher, President Butler.

NAYS: Councilwoman Panos, Councilman Testino.

ABSENT: Councilmen Hoff, Redmond.

2. Prest Mills Estates - Release/Reduction Performance Guarantee.

Mr. Vincenti: This is being continued under a letter from the developer. His work is not completed, and he requests that this matter be continued.

3. Rt. 9 Plaza - Release/Reduction Rt. 9 Plaza.

Mr. Vincenti: This is a request to release the performance guarantee. This is the shopping center that contains the Home Depot and Walmart. In November 2002 we had reduction down to 70%. We are currently holding a performance bond in excess of $871,000 and cash in excess of $96,000. The council may recall that there were two items that were outstanding on the agenda of this developer. The first was the shoulder improvements along Rt. 9 which have been completed. The second was an issue with respect to the lighting. The applicant went to the Board of Adjustment and received the appropriate approvals for the lighting. All housekeeping items have been dealt with appropriately. There was a punch list which the developer has completed as of last week. We are recommending a reduction subject to two conditions: the developer must provide us with as-built drawings of the facility and the posting of a two year maintenance bond in the amount of $484,104.00 which is 15% of the original performance guarantee.

Motion

to reduce the performance guarantee of Rt. 9 Plaza subject to the developer providing as-built drawings of the facility and the posting of a two year maintenance bond in the amount of $484,104 moved by Councilman Calogera, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

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

2. Prests Mills Estates - release/reduction performance guarantee (Bl 13003, Lot 37.11-37.17) - Postponed

Motion

that there be a renotice and republication of the next hearing in re Prest Mills Estates release/reduction of the performance guarantee moved by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

4. Woodland Hills Development Notice of intent to declare performance guarantee to be in default and to authorize legal action against the obligors and surety.

Mr. Vincenti: This is the Woodland Hills/Ticetown Hills, Inc. twelve lot single family residential development located off Ticetown Road. There is a long history on this which predates my involvement. In June 2000 there was a recommendation by Mr. Iglesias to the council not to release a performance bond. The main item outstanding was a major offsite drainage improvement. As of this date the developer has not installed the drainage improvement. I have written to the developer on two occasions. I had a meeting with the developer who has not committed to install the required improvements. I have written to the Mayor and council on May 1, 2002 recommending that we move forward to institute legal action against the bonding company. We are holding a bond in the amount of $223,543.37 and almost $25,000 in cash. We have not heard from the developer in at least three or four weeks.

Councilman Calogera: Is this Marian Court?

Mr. Vincenti: Yes.

Attorney Ruggierio: Mr. Heilbrunn, their attorney, has communicated with the township engineer and myself seeking a continuance in this matter. He hoped that if you continued this for two weeks, he could produce a contract showing that he was under contract to move forward with these matters. After speaking to Mr. Vincenti, I discovered that he felt strongly with moving forward with this matter. I did not think there was much chance that the council would entertain a suggestion that the matter be postponed. Mr. Heilbrunn said that he was going to send a letter to the Clerk requesting a postponement.

Motion

to declare the performance guarantee of Woodland Hills to be in default made by Councilman Testino, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff, Redmond.

RESOLUTION NO. 349

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:

05/14/02 - Regular
05/29/02 - Special

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

ABSTAIN: Councilman Calogera.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 28-02

ORDINANCE ESTABLISHING FEE FOR SPECIAL LAW ENFORCEMENT OFFICER I ACADEMY

WHEREAS, the Township of Old Bridge Police Department intends to establish a Special Law Enforcement Officer I academy; and

WHEREAS, it is necessary to establish an enrollment fee to provide for the administration of the academy; therefore

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

SECTION 1: PURPOSE

This ordinance establishes a fee amount for enrollment in the Old Bridge Township Police Department Special Law Enforcement Officer I academy.

SECTION 2: ORDINANCE

A fee of one hundred ($100.00) dollars shall be charged for enrollment in the Old Bridge Township Police Department Special Law Enforcement I academy.

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

• 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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
  
  
• If the Mayor vetoes the Ordinance (in the manner set forth at NJSA40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

• 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 Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

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

Ordinance for Second Reading.

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

Section 1. Purpose

This ordinance prohibits the stopping and standing of vehicles on Maple Street.

Section 2. Stopping and Standing Prohibiting on Certain Streets

Chapter X of the Code of the Township of Old Bridge (the "Code") is hereby amended by adding and supplementing Schedule IV hereof (incorporated by reference in the Code Section 10-4) with the following:

Name of Street Sides of Street Hours Location

Maple Street Both All From the west curbline of Rt., 18 south to its westerly terminus

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40A: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 NJSA40A: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 Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

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

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 30-02

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE DECREASING THE MEMBERS OF THE PUBLIC PARKING AND TRANSPORTATION UTILITY ADVISORY COMMITTEE

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 recognize the Public Parking and Transportation Utility Committee established pursuant to Section 2-22.7 Code of the Township of Old Bridge by reducing the number of members of the committee from nine to five members

SECTION 2: AMENDMENTS TO SECTION 2-22.7 ADVISORY COMMITTEE

The Public Parking and Transportation Utility Advisory Committee shall be decreased from nine (9) members to seven (7) members. The committee membership shall be decreased through the elimination of two (2) Township Council appointments.

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40A: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 NJSA40A: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 Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

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

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

Councilwoman Panos: Can we get attendance records for these committee people?

President Butler: We can do that, but this was given to us by the chairperson of the committee. We can request that.

Councilman Greene: I would like the minutes also.

Councilman Maher: When will this ordinance take effect - January 2003 or as soon as the Mayor signs it?

President Butler: It is usually twenty days.

Councilman Calogera: We have a problem with a quorum.

Ordinance for Second Reading. TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 31-02

ORDINANCE AUTHORIZING TAX ABATEMENT FOR BLOCK 3234, LOTS 4.026 AND 4.028

WHEREAS, Township of Old Bridge Ordinance No. 47-96 establishes a procedure for entering into an agreement for the abatement of real property taxes in order to encourage the redevelopment and rehabilitation of certain areas known as the Parkway Zone and Hospital Zone; and

WHEREAS, Ficon Technology, Inc. (as successor in interest to WHMPL Real Estate, L.P.) Has filed an application for the abatement of real property taxes for block 3234, lot 3 4.026 and 4.028 pursuant to Township of Old Bridge Ordinance No 47-96; and

WHEREAS, the township Engineer has determined Ficon Technology, Inc. has complied with all the requirements of Township of Old Bridge Ordinance No. 47-96 and is eligible to receive a tax abatement;

WHEREAS, the Mayor of the Township of Old Bridge has recommended that a tax abatement be granted to Ficon Technology, Inc.

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 authorizes a five year abatement for taxes for the building known as Atrium I - Phase II - Metropark South located at Block 3234, Lots 4.026 and 4.028.

SECTION 2: TAX ABATEMENT

Ficon Technology, Inc. is hereby granted a five year tax abatement for taxes for the buildings known as Atrium I - Phase II - Metropark South located at Block 3234, Lots 4.026 and 4.028. The terms and conditions of the abatement are set forth in the document entitled "Agreement Between the Township of Old Bridge and Ficon Technology, Inc. for the Abatement of Real Property Taxes" on file with the Township Clerk.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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

SECTION 5: EFFECTIVE DATE

• 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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
  
  
• If the Mayor vetoes the Ordinance (in the manner set forth at NJSA40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

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

Attorney Ruggierio: There is a request by the attorney that this not be enacted at this time because they have a different use for the building.

Ordinance for Second Reading.

WHEREAS a portion of the Disbrow Road has been realigned; and

WHEREAS, a portion of Disbrow Road right of way is no longer needed for use as a public roadway as a result of such realignment; therefore

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

Section 1. Purpose

The purpose of this ordinance is to vacate an unimproved portion of the Disbrow Road right of way which is no longer needed for public use by the Township of Old Bridge.

Section 2. Ordinance

The Township of Old Bridge hereby vacates a portion of Disbrow Road near the intersection of Disbrow Road and Amboy Road and more fully described in the document entitled "Scheduled A" on file with the Township Clerk. The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including, but not limited to, gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress or egress relating thereto.

The consequences of this vacation shall be that title to the parcel described in Exhibit B shall transfer to the owner of Block 11238, Lot 1.18; title to the parcel described in Exhibit C shall transfer to the owner of Block 11232, Lot 48; title to the parcel described in Exhibit D shall transfer to the owner of Block 11232, Lot 14; title to the parcel described in Exhibit E shall transfer to the owner of Block 11232, Lot 15; and title to the parcel described in Exhibit F shall transfer to the owner of Block 11232, Lot 16.

Within sixty (60) days of the effective date of this ordinance, a certified copy of this ordinance together with proof of publication shall be filed with he Clerk of Middlesex County for recording.

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40A: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 NJSA40A: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, Calogera, Greene, Maher, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

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

Guest - Jerry Riccardi, Area Manager at Jersey Central Power and Light, 1345 Englishtown Road.

Mr. Riccardi: I have been asked by Mayor Cannon to attend this night's council meeting. The Mayor is very concerned about all her constituents, but I have been asked to address one area in particular. This area is served out of our Browntown substation which is located on Rt. 516 near the Rt. 9 overpass. The circuit in question travels down Rt. 516 past Cottrell Road west of Bennett Road. It goes in both directions on Cottrell Road. It goes up to Spring Hill Road on the left and down to Ticetown Road on the right feeding in both directions. It ends at the senior citizen complex on the right, and ends past Higgins Road to the left. This circuit serves about 1850 customers. During the fourth quarter of 2001, JCPL spent approximately $20,000 on upgrades and improvements to the circuit. We upgraded fuses to help the areas affected by these outages. We installed 33 new animal guards; trimmed trees; replaced poles and repaired cables.

Since January 1, we have had additional outages on this circuit. The last problem occurred on Tuesday, July 2 when a breaker tripped at our substation which took out the entire circuit. The Mayor was concerned for the residents and the businesses served by this line. The Mayor questioned if the circuit could carry the load. The new town centre will add more load to this circuit. The circuit can handle the load. Readings during the heat wave indicated that the load is well below the maximum for the central station. We are investigating what caused the circuit to trip. I have asked for a detailed analysis of the substation and the transmissions feeding that station. JCPL is very concerned with our residential, commercial and municipal electrical needs. We try to provide you with the reliable service which you deserve, and I will dedicate a great deal of my attention to get these issues resolved and to restore your confidence in JCPL.

President Butler: Are you going to have someone analyze this to determine what the problem is and how long will that take?

Mr. Riccardi: I would hope to have an answer for you by the next council meeting, but will need at least thirty days.

President Butler: If you have an answer sooner, please come back to our next meeting.

Councilman Maher: I asked the Mayor to have you appear at this meeting. This area is a hub of the township with two high schools; the municipal complex were out of service. These outages are occurring more frequently. School was not in session, but the 100 Ticetown Road was as well as the municipal complex. The manager at Eckerd Drugs was ready to recommend to his upper management that they relocate. There were 1850 homes without service.

Mr. Riccardi: I had a log of the outages put together today which shows a numerous amount of open and closures which amount to seven since September of last year. We show two other outages, two of which were car accidents, animal contact . . . We believe that the trend is improving.

Councilman Maher: Don't you have a disaster recovery plan so that we don't have to lose power?

Mr. Riccardi: We cannot put these customers on to another circuit. Other times of the year we can sectionalize, but not in the middle of the summer.

Councilman Greene: Mr. Riccardi is very accessible, and I appreciate that. We spoke about the antiquated equipment in some sections of the town. Please explain how JCPL is updating their equipment.

Mr. Riccardi: A transformer can serve up to 11 homes. When a load gets too great, we will replace it with a larger one or hang another transformer and split the load. During the heat spell we replaced very few transformers in Old Bridge. Over time we size a transformer based on the loan the builder gives us when they are building a home. Residents make improvements to their home in the way of VCR's, DVD's, big screen TV's, etc. that we don't know about.

Councilman Baker: How long out of service and how many outages before the residents don't have to pay for the services not given?

Mr. Riccardi: We don't issue refunds.

Councilman Calogera: The 47th circuit affects me. Are we running into a capacity problem wherein the township would have to consider adding co-generation?

Mr. Riccardi: A co-generator produces electricity. We have not had rolling black outs here in a long time. JCPL does not generate. We purchase all of our generation on the open market. This is a question of liability.

Mayor Cannon: We have had repeated outages and I am concerned that we have enough capacity. We have been assured that there was enough capacity for the town centre. With the additional demands on electricity with computers, etc. we are so dependent on getting service without interrupting that it really creates havoc without it. I am looking forward to an analysis because we need to resolve this once and for all. I appreciate Mr. Riccardi's commitment to servicing our town.

Councilman Calogera: Do you have contact with our planning board with respect to what developments are on the books?

Mr. Riccardi: Our engineering group reviews plans for new development. We receive a load letter from the developer, and we design the placement of our electrical facilities.

Councilman Calogera: At what point is that done?

Mr. Riccardi: This is done after it is approved of the development from the town.

RESOLUTION NO. 350

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 July 8, 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 July 8, 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 $5,297,622.39 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

RESOLUTION NO. 351

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 May 29, 2001 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of May 29, 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 $1,304,498.36 (Payroll).

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

RESOLUTION NO. 352

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of July 8, 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 July 8, 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 $42,900.76 (Overtime).

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

AYES: Councilman Baker, President Butler.

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

ABSENT: Councilmen Hoff, Redmond.

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

Councilman Maher: This is a significant amount of money for overtime.

Ms. Shepler: $34,427.13 is from the uniformed division; there is another $16,983.56 worth of special police time. I believe there is beach patrol money included.

Councilman Calogera: Has the building been turned over to us?

Ms. Shepler: I have not seen a permanent CO on that building.

Councilman Calogera: It is our obligation to police that until we receive the permanent CO?

Ms. Shepler: I would defer that question to the Chief of Police.

Ordinance for First Reading.

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 amends Section 2-13.5 paragraph (a) of the Code of the Township of Old Bridge to provide for staggered terms for members of the Recreation Committee.

Section 2: Recreation Committee

Section 2-13.5 paragraph (a) of the Code of the Township of Old Bridge is hereby stricken to be replaced with a new Section 2-13.5 paragraph (a) to read as follows:

a. Membership. Within the Department of Parks and Recreation there shall be an advisory council on recreation known as the Old Bridge Township Recreation Committee (the "Committee"). An effort shall be made to represent all age groups on the Committee. The Committee shall consist of fifteen (15) members appointed by the Township Council who shall serve without compensation. The terms of the initial fifteen (15) members appointed by the Township Council pursuant to this ordinance shall be staggered, with eight (8) members serving terms of two years and seven (7) members serving terms of one year. Thereafter, each member appointed by the Township Council shall serve for a two-year term. In the event of a vacancy, the Township Council shall appoint a person to fill such vacancy for the unexpired term only. There shall be a chairman and a vice chairman of the Committee appointed from among its membership.

Section 3. Terms.

The term length set forth in this Ordinance shall be instituted upon the expiration of the terms of all current Recreation Committee members on January 1, 2003.

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40A: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 NJSA40A: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, Calogera, Greene, Maher, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

Ordinance for First Reading

Attorney Ruggierio: The ordinance before you is a 2% across the board, not 2% - 4% as recommended. That is because we perceived that is what the council wanted the last time you heard from the public.

Councilman Calogera: We asked for information on this last meeting, and that is why it was tabled. The differences from 2000 to 2001 year have been increases as high as 31%. I don't think that this represents a hardship on landlords when rents have been increasing 2%, and they are still grossing profits. We have had increases from one landlord as high as 31% with gross profits of $2.4 million. This council has to consider where they want to go with this. Anything over 2% would be excessive. We have had discussion on limiting that to 1.5%.

Councilman Testino: This is a hardship. The increase in social security is 2%; I cannot imagine increasing more than that. We might consider a roll back.

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 permitted percentage increase in rent for rent controlled units in the Township of Old Bridge.

Section 2. Amendment of the Old Bridge Township Code Section 11A-2.1 at Subsection (c) thereof: Concerning the Permissible Rent Increases

The Code of the Township of Old Bridge is hereby amended at Section 11A-2.1(c) thereof by substitution. Section 11A-2.1 (c) shall read as follows:

(C) The terms and provisions of Chapter XI-A Rent Stabilization as it pertains to rent increases only shall not be applicable to any new lease entered between June 1, 2002 and May 31, 2006. Rent control shall apply to any renewal, extension or amendment of any lease now or hereafter in effect.

Section 3. Rental Increases

The percentage increase at renewal for units covered by rent control shall not exceed two percent 2%) per year.

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40A: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 NJSA40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

Discussion Ordinance.

1. Vacating a portion of Spring Valley Road from Marlboro Road to Rt. 18. - REMOVED

Councilman Greene: Is this item coming up again?

President Butler: The developer said to take this off. I cannot say if this is coming up again in the future.

Councilman Greene: This is the fifth time that this has been on the agenda. I ask the Clerk to send a letter to the developer and ask them their intentions. Are they coming to the council to ask the township to vacate this property.

Ordinance for First Reading.

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

Section 1. Liquor Licensing Fees Amending Section 6-3.4 at Subsection (A) thereof Concerning Liquor Licensing Fees.

The Code of the Township of Old Bridge is hereby amended at Section 6-3.4(a) to increase liquor license fees by twenty (20) percent.

Type of License Present Increase New Fee

Consumption $1,576.60 $315.32 $1,891.92

Distribution $1,379.53 $275.91 $1,655.44

Club * $150.00 - 0 - $150.00

* Maximum fee allowed

Section 2. Savings Clause

The remaining subsections of Section 6-3.4 shall remain in full force and effect.

Section 3. Inconsistent Ordinance

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40A: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 NJSA40A: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 Baker, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Hoff ,Councilman Redmond.

ABSENT PODIUM: Councilman Calogera, Councilman Testino.

Ordinance for First Reading.

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 amends the application requirements for limousine licenses and requires, among other things, applicants for limousine licenses to submit to photographing and fingerprinting in order to obtain a license.

SECTION 2. INSURANCE

Section 8-16.2 of the Code of Old Bridge is amended by substitution as follows:

Insurance: No limousine shall be operated wholly or partly along any street in any municipality until the owner of the limousine shall have filed with the Clerk of the municipality in which the owner has his principal place of business, an insurance policy of a company duly licensed to transact business under the insurance laws of this State in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street. Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000.

• The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.

SECTION 3. POWER OF ATTORNEY

Section 8-16.3 of the Code of Old Bridge is amended by substitution as follows:

Power of Attorney: The owner of the limousine shall execute and deliver to the Division of Motor Vehicles, concurrently with filing of a policy referred to in R.S. 48:16-14, a power of attorney, wherein and whereby the owner shall appoint the Director of the Division of Motor Vehicles his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.

SECTION 4. LICENSE APPLICATION

Section 8-16.4 of the Code of Old Bridge is amended by substitution as follows:

License Application. In addition to the submission of an insurance policy and the power of attorney, the applicant must submit a valid New Jersey driver's license and a valid registration for the vehicle to be licensed. The applicant shall submit to a background check and being photographed and fingerprinted by the police department. The minimum fee for such background check, fingerprinting and photographing shall be $25.00

An applicant residing in an apartment complex must submit a current lease demonstrating Old Bridge Township residency. A letter on the apartment complex stationery must be submitted indicating permission for garaging of said vehicle on private premises.

An applicant residing in a planned unit development must submit a letter from his or her housing association stating applicant is permitted to garage a limousine.

An applicant shall be limited to one (1) license per address. An applicant who wishes to obtain an additional license must submit a notarized letter from the garage or owner of commercial property where the applicant's additional limousine shall be garaged stating the applicant is permitted to garage his or her limousine at such address.

SECTION 5. ISSUANCE OF LICENSE TO OPERATE LIMOUSINE; FEE

Issuance of license to operate limousine; fees:

The clerk of the municipality, in which the owner has his principal place of business, upon the filing of the required insurance policy, required documentation, and the payment of a fee which shall not exceed Fifty ($50.00) dollars, shall issue in duplicate a license to operate showing that the owner of the limousine has complied with the terms and provisions of this article.

The license shall recite the name of the insurance company, the number and date of expiration of the policy, a description of limousine insured thereunder, and the registration number of the same.

The duplicate license shall be filed with the Division of Motor Vehicles before any such car is registered as a limousine.

The original license shall be retained within the limousine and be available for inspection by any police officer in the State. In lieu of insurance information required on the license pursuant to this section, the owner of a limousine may affix to the original license retained within the limousine, a notarized letter from an insurance company containing the same insurance information required in the recital, which shall constitute proof of insurance coverage, and which shall also be available for inspection by any police officer in the State. A copy of the notarized letter shall constitute proof to the Director of the Division of Motor Vehicles, that the applicant has complied with the insurance provision of this section.

SECTION 6. INCONSISTENT ORDINANCES.

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

SECTION 7. PARTIAL INVALIDITY.

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 8. EFFECTIVE DATE.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40A: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 NJSA40A: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 Baker, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

ABSENT PODIUM: Councilman Calogera.

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

Councilman Greene: This ordinance is complicated. I would like a copy of the current ordinance for comparison. Is Ordinance 26-92 the most recent? When I am given an ordinance, I am given only those portions proposed to be changed. I want to see the actual, current ordinance.

(Upon further investigation, Councilman Greene declared that the matter was clear to him and no further action was warranted.)

Ordinance for First Reading.

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

Section 1. Pursuant to NJSA 40A:12-5 the Township of Old Bridge is hereby authorized to acquire by purchase, gift or condemnation the lands/premises known and described as Block 130000, Lot 28.

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

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40A: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 NJSA40A: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 Councilman Baker, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

ABSENT PODIUM: Councilman Calogera.

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

Attorney Ruggierio: This is a little piece of wetlands that is necessary for the bridge to be built between the Trans Old Bridge Road and Rt. 9 in the Oakwood development. Hovnanian is to reimburse us up to $50,000 for the acquisition because it is necessary to install this road. The appraisal came in at $17,000.

Councilman Baker: Will this lead to the opening of Trans Old Bridge Road?

Mr. Vincenti: This will Trans Old Bridge Road to be constructed out to the Rt. 9 jughandle? The road terminates in the middle of the Oakwood development. As part of the Hovnanian expansion of Oakwood, this road will link up with Prests Mills Road and serve as a link for Ticetown and Prests Mills to Rt. 9. This is will alleviate traffic that weaves it way through Inverness Drive.

Ordinance for First Reading.

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 provide standards, regulations and rates for all police requested towing and roadside repair services on roadways within the Township of Old Bridge. Police requested services shall be rotated among licensees and provided under the supervision of the Police Department of the Township of Old Bridge.

SECTION 2: AMENDMENT BY SUBSTITUTION OF CODE SECTION 5-13

Section 5-13 of the Code of the Township of Old Bridge is hereby deleted and a new Section 5-13 shall be substituted therefore, which shall read as follows:

5-13 Definitions

As used in this section, the following terms shall have the meanings indicated:

BASIC TOWING SERVICE - Means the removal and transportation of a vehicle from a highway, street or other public or private road, or a parking area, or from a storage facility, and other services normally incident thereto.

CATEGORY I VEHICLE - All vehicles 0 to 10,000 pounds gross vehicle weight.

CATEGORY II VEHICLE - All vehicles over 10,000 pounds gross vehicle weight.

CRUISING - The operation of an unengaged tow truck along the public streets in any fashion intended or calculated to solicit business.

GROSS VEHICLE WEIGHT - The registration weight, the manufacturer's gross vehicle weight rating or actual weight.

EMPLOYEE - any person employed by a licensee to operate a wrecker.

WRECKER - A vehicle used to tow or remove other vehicles usually so damaged or disabled that they cannot proceed under their own power. Class I wreckers are capable of towing or removing a category I vehicle and class II wreckers are capable of removing or towing a category II vehicle.

5-13.2 License

A license shall be required to perform police requested towing and roadside repair services on roadways within the Township of Old Bridge. Any person or entity wishing to obtain a license pursuant to this ordinance shall submit a license application to the Township Clerk.

5-13.3 Term of License

Licenses shall be issued by the Township Clerk. Each license shall be issued for a maximum term of one (1) year and shall terminate on January 1st of the year following its issuance.

5-13.4 License Fee

A. A fee of $100.00 shall be paid annually by license applicants in order to obtain a license.

B. License applicants shall be charged a prorated license fee for a license issued for a partial license term.

C. License fees shall be non-refundable for any reason.

5-13.5 Requirements for Licenses

No person or entity shall be eligible for the issuance of a license unless the following requirements are fulfilled:

A. All towing equipment utilized by applicants shall be in compliance with state, federal and local laws.

B. Applicants shall have the following minimum equipment:

(1) One (1) wrecker capable of removing any category I vehicle.

(2) Safety equipment to be carried on all trucks shall include: A universal towing sling, except flatbeds; J-hooks and chains; one (1) snatch block for three-eighths to one-half-inch cable, two (2) high-test safety chains; auxiliary safety light kit to place on rear of towed vehicle; four-lamp or three-lamp revolving amber light or lamp bars of at least five hundred (500) candle power pointed to the rear, mounted so as not to be obstructed by the towed vehicle(s) and said lights must be engaged during the removal of the vehicle(s); at least three flares or other suitable warning devices visible for a distance of not less than one thousand (1,000) feet from the disabled vehicle(s); toolbox with assortment of hand tools; rear working lights and rear marker lights; cab lights; body-clearing lights located to clear towed vehicle; blocking choke for wrecker while working safety cones; shovels and broom; steering wheel lock or tie-down; and, and an operational fire extinguisher designed for vehicular fires which must be 25 lb BC dry chemical; and 5 gallons of absorbent granules for cleaning up fluid spills.

(3) All wreckers must be properly and permanently lettered on both sides according to title 39 of the motor vehicle code of New Jersey.

• License applicants shall submit a detailed list of all wreckers and service vehicles, as well as supplemental/auxiliary equipment owned or leased which will be used in performance of this chapter. A copy of the vehicle registration, amber light permit(s), certificate of insurance for vehicles and property, insurance cards and leases must also be provided with the list. The list must contain the following information: type of vehicle, year/make, capacity and condition of the vehicle.
  
  
• License applicants shall demonstrate that they maintain a storage facility properly zoned for such use. Each license applicant must have an outdoor storage area large enough to accommodate at least ten (10) class I vehicles. Each license applicant may have an indoor, secured storage area sufficient to house at least two (2) vehicles and provide twenty-four (24) hour security for the same for the storing of impounded vehicles involved in criminal matters.

E. License applicants maintain the following insurance:

(a) A garage keeper's liability policy covering fire, theft and explosion in the minimum amount of sixty thousand ($60,000) dollars.

(b) A garage liability policy co