Old Bridge Township, New Jersey - August 12, 2002 Minutes

A Combined meeting of the Township Council of the Township of Old Bridge was held on August 12, 2002 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be August 19, 2002 at 7:30 p.m.

Roll call at 7:02 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Greene, Hoff, Testino, Councilwoman Panos, President Butler Councilmen Calogera and Redmond were absent. Councilman Maher arrived late.

APPROVAL OF MINUTES

RESOLUTION #406-02

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

WHEREAS, the following minutes are hereby approved

May 20, 2002 - Agenda
June 17, 2002 - Agenda
June 10, 2002 - Combined
June 24, 2002 - Combined

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

AYES: Councilmen Baker, Greene, Testino, President Butler.

NAYS: None.

ABSTAIN: Councilman Hoff, Councilwoman Panos.

ABSENT: Councilmen Calogera, Redmond, Maher.

REPORT OF THE CLERK

MONTHLY REPORT OF COLLECTIONSOF ROSE-MARIE SARACINO, CLERK

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

DOGS:

2882-3027 1,168.50

CATS:

321-342 163.00

LICENSE:

Hot Dog

319 Livera 50.00
305 Rocha 50.00

Kennel

#1 Berg Animal Hospital 25.00
2 K-9 Konnection 25.00
3 Canary Bird Farm 10.00
4 Jardo Kennels 25.00

185.00

Liquor License - Renewals

1209-33-025-001 N.J. Wines 1,576.60

Liquor License - Transfers

1209-33-019-004 Billy Bud's (person and place trf) 315.32
1209-22-007-002 Janela (person and place trf) 315.32
1209-33-007-002 Outback Steak House (person to person) 157.67
2 transfer applications (Trefratali) 8.00

2,372.91

MAPS

1 Street 5.00

SEARCH

4-2002 10.00

MISCELLANEOUS

Photocopies - Copies 172.25
Late Fee - DOG 270.00
Late Fee - CAT 45.00
Reimb Polling Places 450.00

Total: $4,841.66

MOTION

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

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

NAYS: None.

ABSENT: Councilmen Calogera, Maher, Redmond.

REPORT OF THE ATTORNEY

Mr. Condon states the Mr. Ruggierio will give the report when he arrives. (This was not done).

Council Comments

President Butler: The Council has decided that at this time, we are not going to privatize the kennel.

Councilman Hoff: I suggest that we take action on this so it is done with.

President Butler: There is no action that needs to be taken. We are not changing anything.

Authorizing dissolution of $10,000.00 from transportation pro-rata to supplement construction of traffic signal at Madison Park Fire House

Mr. Vincenti: We are recommending that council authorize a contribution of $10,000.00 from the developers off-tract pro-rata contributions collected for transportation district one. This would help defray the cost for the traffic signal for the fire house. I have been advised by Mr. Jones (the contractor) that the total installation cost would be slightly more than $45,000.00. There is a $30,000.00 grant in hand, we contribute $10,000.00 and the fire company would raise the remaining $5,100.00. There was an issue raised about utility conflicts and feel that there is a way that we can resolve that conflict with the overhead lines and design it within the budget I established.

President Butler: Do we know that the fire company can raise this?

Mr. Al Liebowitz: I was asked for the board to put up the rest of the money and we had a conference call with the commissioner's attorney and the accountant, and there is no way that we can legally do that this year. If this is the only way that we can get the light, the fire company will some how raise the money.

President Butler: Will you let Mr. Vincenti know about your ability to raise the funds?

Mr. Liebowitz: Will the more expensive design work there? Because I was concerned about the overhead wires.

Mr. Vincenti: I believe that we can work out the utility conflicts.

Councilman Greene: How does the transportation pro-rata fund work?

Mr. Vincenti: All developers are required to contribute their fair share for transportation improvement and drainage. This area is in transportation district one, I discussed this with Mr. Ruggierio and I feel that this qualifies because of the increased traffic in the area. This fund is set aside for various traffic safety enhancements and road way improvements.

Councilman Greene: I cannot vote on a resolution for $10,000.00 that will leave the fire fighters short. I need to know that they will be able to raise the other money.

Mr. Vincenti: This is only my recommendation, I feel that it is a fair contribution. If the council want to give more or less, you make that call.

Councilman Greene: I would like to see this laid over until we find if this is going to be a financial burden to them.

Mr. Rob Larsen: I have letter dated August 9, 2002 from the fire department stating that the original plan approved by DOT is waiting for the Township Engineer's approval. That original plan was for $30,000.00. I don't know anything about this new plan that he (Mr. Vincenti) came up with just to satisfy some residents, that is something that you created, not us. We feel that any changes to the plan are going to delay this process, can you guarantee me that this one pole light system will not delay the process? We are not asking you for anything, we have the funds, we have the lighting system that is going to work and it is DOT approved, what more do you want?

President Butler: Has the fire company submitted the paper work to the Township Engineer?

Mr. Vincenti: I have received no documentation indicating that the DOT has approved a signal.

President Butler: I thought that the fire company was going to do this two weeks ago.

Mr. Larsen: That was done, John received the same paperwork the state did. It is a booklet.

Mr. Vincenti: That is not an approval from the state and I've already told you that. The state has to approve that document. You indicated to the council at the last meeting that you had that approval in hand and you were to provide that to us and that has not been provided.

Mr. Larsen: That letter went to you and the state, the state sent a letter to you to okay this. You sent a letter saying that you came up with a new recommendation.

Mr. Vincenti: The bottom line is that the State has not approved this plan, there is no documentation from the DOT that I have, that the state approves this traffic signal.

Mr. Larsen: The state is waiting for your approval.

Mr. Vincenti: That is not correct.

Mr. Larsen: That is true and that is what your letter says.

Mr. Vincenti: I find it objectionable that you come to this council and blame the council for what you have caused. You have created this problem by misleading the council and the residents of this area.

Mr. Larsen: I am a volunteer fireman, not an engineer and I don't understand why engineering is getting involved in complaints from residents. This should be an engineering stand point and nothing else. I don't know why you have the comment about complaints in the letter.

Councilman Greene: I was questioning the money and nothing else.

Mark Liebowitz: Any expenditures over $500.00 has to go before a company vote, so I could not commit to you any funds tonight.

Councilman Testino: How much money is in the area one transportation fund?

Mr. Vincenti: About $300,000.00.

Councilman Testino: How did you arrive at the $10,000.00 figure?

Mr. Vincenti: I thought it was fair, based on my discussions with the fire company and administration.

Councilman Testino: Would it be a hardship for the Township to pay $17,000.00? What other projects will be impacted?

Mr. Vincenti: There is significantly more than $17,000.00 in the fund and if council chooses to contribute more, I don't think that it will affect other projects.

Councilman Testino: With your one arm design, will we have to move utilities, and will that cost more?

Mr. Vincenti: Yes, I think that we will get some cooperation from the utilities to relocate what is necessary at no extra cost. I just looked at this, this evening and I have not reached out to any utilities.

Councilman Testino: We are typically charged for moving utilities.

Mr. Vincenti: For developers they do, however, when you are dealing with a public entity and a public roadway, there have been instances where the utilities have been relocated at no cost.

Councilman Testino: This single station that you are proposing is huge from one side of the road, isn't it?

Mr. Vincenti: I am not designing this, I have not been asked to design this, I have been asked for input. This is a project that the fire company took upon themselves and at the eleventh hour, we were asked for our input. A firm by the name of Right of Way, Solar and Battery Powered Systems; Richard Jones is doing the design and construction of the light.

Councilman Testino: So he will have to redesign the project?

Mr. Vincenti: Yes.

Councilwoman Panos: I feel that there are too many open ends here. Can we get some final answers on the cost and design and who can raise what?

Mr. Vincenti: If we were designing it, I could answer your questions.

Councilman Hoff: I have great respect for the firemen and also for John Vincenti and he is being abused by people for no reason, he is only try to help. I don't know how we can act without approval from the DOT. Who has prioritized the projects in transportation area one?

President Butler: We have a right to take a look at these projects and see what we want to do. We have had discussions on this at other meetings.

Mayor Cannon: I commend the fire department for getting the grant for this light. There has been complaints from two or three residents in the area, that is why this thing came to John. I don't think that he should be maligned because he responded to questions from the council. If the money is the issue, the council has the wherewithal to allocate the necessary dollars. I think that we need some final answers. We have a council meeting on the 19^th and maybe by then we could get the final design and numbers.

Mr. Liebowitz: I agree that John has been very helpful. When we first got the grant I went to the township and was told that the township could not give us any money because we were a private organization. I thought that Rich Jones gave John Vincenti the redesign.

Mr. Vincenti: No, Mr. Jones told me that he faxed to Rob Larsen the new cost estimates and I have not seen them.

President Butler: I think that Mr. Vincenti is waiting for some paperwork. I think that we have to wait until the fire company has a meeting to see how much money they can raise. We will hold this until the next meeting.

Preliminary Public Comments

Old Bridge First Aid Squad, Al Miller: One of our members, Rupali Kulkarni 17 years old was diagnosed with Leukemia and we are looking for blood donors. We are also raising funds. We are having two blood drives, Wednesday, September 4^th from 3 to 8:30 at the first aid squad at 201A Highway 34 and Monday, September 23^rd from 2 to 8:00 at the Cheesequake Fire House, 205B Route 34. Anyone with B positive or B negative to call our squad at (732) 721-8014 to arrange a direct donation to Rupali. We are also having a spaghetti dinner on October 6^th at the fire company building.

Councilwoman Panos: Many people do not know their blood types, can you tell them their blood type when they come there?

Mr. Miller: Yes.

Reverend Joseph Szulwach, St. Lawrence Church: The anniversary of September 11^th is coming upon us and I think that we need to recognize the fine police officers, civil servants, fire and rescue squads. Old Bridge is blessed with good people and we need to recognize this. I have seen the police officers in this town help more people than arrest people. I know that the Mayor is considering honoring them on September 11^th. I would like to remind the community that our civil servants have done a fine job.

President Butler: I would like to thank you for all that you have done for the community.

Jeanette Murphy: I want the police out there to keep us all safe. The mayor and business administrator need to hire the amount of police officers that we need, we would not be paying so much in overtime. I am asking the council to do what they can to see that more officers are hired. I understand that thirteen officers were supposed to be hired and only three were.

Irene Zedonek: We need to hire police officers, my taxes went up a big chunk. I want my taxes used for the police department. All these years my taxes have been going to a money pit; the library, which was shoved down my throat by the Republicans. I was under the assumption that an ordinance was passed for police officers. Chief Palumbo is doing a most excellent job and he needs people to work with.

Guy Smoljan: I live on Spring Hill Road and in 1989 I went to the water authority and was told that the sewer would be installed on our street in four years. I still have not received sewers. There is also speeding on this road, all the time. There are never police officers on this road. When they shot radar out of my driveway, 15% of the speeders were township officials. We need sewers and a stop to the speeding on Spring Hill Road.

Steven Wall: I would to thank like the council for not privatizing the kennel. Will you be considering privatizing the kennel in the future?

President Butler: We are not going to privatize it at this time.

Councilman Hoff: (inaudible).

Mr. Wall: Beyond the separate fund you need to set up a 5013c filing. You can bring in endowments and bequests because it allows you take it off your taxes. With something like that the kennel can become self sufficient.

Councilman Testino: As part of the budget process, we should see if we can put a check off where people can donate a dollar with their taxes.

Ms. Shepler: There has always been donations allowed.

Councilman Testino: Let's put a flyer in with the tax bills.

Mr. Shah: A municipality is not entitled to getting a 5013c. We are already an exempt organization. We tried with the EDC and were denied.

Councilman Testino: We also need to explore the possibility of volunteers in the kennel.

Mr. Shah: The money can be sent to the township and it will be donated to the animal control fund.

Mr. Wall: Are the donations tax deductible?

Mr. Shah: You would have to speak to your accountant.

Mr. Wall: There was a separate humane society established within the kennel a few years ago and the only thing that stopped it was the 5013c part.

Mr. Shah: You cannot use the township's name directly.

Jennylyn Wall: I spoke to the clerk's office and was told that the cat license does not get deposited into animal control fund.

Mr. Shah: That is not true.

Deputy Clerk Ward: The money goes into the animal control fund and that is what the clerk's office told you. There is no one in the clerk's office that told you otherwise.

Ms. Wall: I think that we should ask for donations for the kennel in the mayor's newsletter.

Mayor Cannon: We will include something.

Ms. Wall: We could set up a 5013c and collect donations and donate it to the township.

Mayor Cannon: You could not use the township's name to create a 5013c.

Mr. Shah: You need to keep separate books and not intermingle the funds. We have received donations and actually received donations from the kennel so I don't know why you keep saying that there is not the ability to donate.

Horace Lawton: There are volunteers that want to work in the kennel and we need to look into this.

Warren Pfeuffer: There was an event at Raceway Park this weekend and it was terrible. If I was to get my neighbors to ride three abreast in Laurence Harbor, would I be arrested? If I went to the bathroom in front of the pharmacy, would I be arrested?

President Butler: Definitely.

Mr. Pfeuffer: That is what happened on Pension and Texas Roads. They made Englishtown Road three lanes and the police drove right by them, I have pictures. At night we couldn't get out of our houses. There were parents that came to my door that they had kids at Raceway Park and the police wouldn't let them pick them up. What is going on?

President Butler: I suggest you ask Alayne Shepler.

Mr. Pfeuffer: I have complained before and nothing is done. From now on I am going to call the state police, maybe then we can have some results.

Councilwoman Panos: I would like to see the pictures.

Mayor Cannon: I think that there was a gross underestimate of the audience was going to be. I think that inside the park there was no problems. The problem was that they were expecting 12,000 and they had up to 40,000. They were not prepared to deal with those types of crowd. They did get enough people out to deal with the crowd. I think that in the future they should come to the council for the permit, that way we know how many people are there and all the rest of the particulars. I know that the police was short handed because they were basing it on the numbers that were given to them, once they realized that the numbers exceeded that and the other problems, they had more man power.

Mr. Pfeuffer: At the last motorcycle show they were riding through the yards and ripping off the mailboxes. I told Captain Cerra, if they come on my property I am going to shoot them. My family was at risk.

President Butler: We need to come up with a way to hold them to the numbers that they are expecting. We may also need to get help from the state police.

Ms. Shepler: I think that is something that you would have to take up with the Chief of Police, however we have mutual aid agreements with other communities.

Councilman Testino: I would ask that the legal department review the ordinance to see if it was violated and if we should enforce the violation. I also ask that we amend it for them to come before the council for a permit.

Mr. Pfeuffer: Why aren't these people arrested or given tickets, not one summons was issued as far as I know?

Councilman Testino: I would ask for a report from the Chief on the summons issued.

Mr. Pfeuffer: My street was just paved two months ago and there is no speed limits posted, they race down Texas Road. I called the police and they told me they can't do anything.

Councilman Testino: I would also like traffic and safety to review the speed limit on that road. I want this to come back before the council.

Councilman Greene: Several weeks ago the police and emergency management team did an exercise on Englishtown Road to evacuate Raceway Park, they reversed the traffic and made it go in one direction towards Texas Road. This is exactly what happened the other night, did an emergency happen.

Mr. Pfeuffer: This was not a planned thing, they just decided to make three lanes.

Councilman Greene: I spoke to Captain Cerra and he told me that this was planned in advance, the unfortunate thing was that all the residents in that area should have been notified. This should not have been a surprise. This better not happen again. I will go on record to say that Raceway Park better communicate with the mayor and council. They are a facility that has been here for a long time and we have to work together. I want to see Raceway Park come here and go over all the events that they are going to have and make sure that this does not happen again.

Mr. Pfeuffer: This happens every year, when they have the swap meets.

Councilman Greene: We have to arrange it so that the residents of that area are able to get in and out of their homes.

Councilwoman Panos: Raceway Park controls the events inside the park very well and we need them to expand that control outside the park. Raceway Park needs to be better neighbors. They make a nice profit at these events and I don't think that it should be the burden of the township to pay this overtime to police for these events.

Deborah Gingrich: I have 73 signature in support of keeping the kennel. I think that it is absurd that you do not allow volunteers in the kennel.

President Butler: Please give the petitions to the clerk.

Cora Lawton: Two days after the last meeting, someone with a key to the kennel, went in and put a lock on the air conditioner control and set it at 85. Today they get a memo that all the pictures of the dogs and cats adopted are to be removed from the wall.

President closed the public portion

Bill List

RESOLUTION #407-02

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 August 12 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 August 12, 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 $22,639,513.28(General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Calogera, Redmond.

Bill List

RESOLUTION #408-02

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 August 12, 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.

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

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

NAYS: None.

ABSENT: Councilmen Calogera, Redmond.

Bill List

RESOLUTION #409-02

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 President Butler and so DENIED on the following roll call vote:

AYES: Councilmen Baker, President Butler.

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

ABSENT: Councilmen Calogera, Redmond.

Prior to the vote the following discussion took place

Councilman Baker: Is this for the police department?

Ms. Shepler: Not all of it, but most of it.

Community - YMCA - Resolution for approval to move forward on an agreement

ENDORSING PROPOSAL BY THE COMMUNITY YMCA OF RED BANK, NJ, TO BUILD AND OPERATE A COMMUNITY CENTER, COMMUNITY RECREATION CENTER AND AQUATIC CENTER ON LANDS OF THE TOWNSHIP OF OLD BRIDGE AND REQUIRING A $10,000,000.00 (TEN MILLION DOLLARS) PERFORMANCE BOND THEREFOR

RESOLUTION #410-02

WHEREAS, the Township of Old Bridge has for many years sought to erect and maintain a community center with aquatic and recreational facilities at a site convenient to Township citizens; and

WHEREAS, a special committee of the Township Council was appointed to study the availability of non-profit organizations to fulfill such objectives; and

WHEREAS, a recent proposal (Proposal II on file with the Township Clerk) by the Community YMCA of Red Bank, New Jersey, appears to fulfill many of the Township's objectives and would achieve the objectives of a community center with aquatic and recreational facilities with minimal financial participation by the Township of Old Bridge; and

WHEREAS, the Township Council desires to pursue a legal arrangement with the Community YMCA to achieve the construction of such a community center with aquatic and recreational facilities; and

WHEREAS, this objective should be pursued with aggressive negotiating and financial guarantees of performance; and

WHEREAS, the Township Council wishes to express its endorsement of the Community YMCA proposal (Proposal II) in principle.

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 Mayor, her Administrative staff and the Township Legal Department are hereby requested to enter immediate negotiations with the Community YMCA of Red Bank, New Jersey with respect to a comprehensive written agreement to provide a full service YMCA facility in Old Bridge and complete such negotiations within ninety (90) days. At present time the Community YMCA organization and Old Bridge contemplate that the Community Center will have at least the following features:

Full service YMCA facility including a 25 meter pool, a gymnasium, running/walking track and meeting rooms.

D. Aquatic center/recreation center will be completed and opened before any other facilities.

The proposal by the Community YMCA of Red Bank would authorize the Township to lease the land to the YMCA at a rental price of $1.00 (one-dollar) for fifty (50) years. The building would be owned, built and operated by the Community YMCA within twenty-four (24) to thirty (30) months following the identification of the actual site.
The facility shall comply with all the rules, regulations, ordinances and statutes. Specifically, the facility shall comply with any Green Acres requirements regarding access and availability to the public.

The willingness of the Community YMCA to undertake its construction project promptly and completing same within thirty (30) months is a material provision inducing the Township of Old Bridge to adopt this resolution. Community YMCA has offered to post and the township shall accept a performance bond in the amount of $10,000,000.00 (ten million dollars). This performance bond will be posted to ensure that the facility is in fact completed with a maximum time period of thirty (30) months. The penal amount of the bond shall be paid to the Township of Old Bridge in the event that the facility is not completed within thirty (30) months. These terms shall be expressly set forth in any contract.
Within the spirit of this resolution the Mayor, her staff, and Township Legal Department are requested to propose and include such other reasonable terms as may be appropriate in the written agreement to be negotiated.
The Township Council does hereby set forth its request that the YMCA-Township agreement should be fully negotiated and presented to the Township Council for adoption within ninety (90) days. If such agreement is not presented within ninety (90) days, this resolution shall be null and void.

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

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

NAYS: None.

ABSENT: Councilmen Calogera, Redmond.

RESOLUTION AUTHORIZING CONTRACT WITH CME ASSOCIATES TO PREPARE A SITE FEASIBILITY ANALYSIS FOR SEVEN (7) SITES FOR THE COMMUNITY CENTER/YMCA

RESOLUTION #411-02

WHEREAS, the Township of Old Bridge requires the professional services of an Engineering Firm for preparation of a Site Feasibility Analysis for seven (7) sites for the Community Center/YMCA; 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 preparation of a Site Feasibility Analysis for seven (7) sites for the Community Center/YMCA.

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

1 A contract for professional services is authorized to be entered into with CME Associates located at 3141 Bordentown Avenue, Parlin, New Jersey 08859 in the amount of $9,800.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1075 certifying the existence of sufficient appropriation to fund the said contract.

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

This Resolution is conditioned upon the following:

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

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.

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

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

NAYS: None.

ABSENT: Councilmen Calogera, Redmond.

Prior to the vote the following discussion took place

Councilman Maher: This proposal is unique and creative out of the box thinking that is showing that two public agencies can do out of the box thinking. Mr. Jim Murray of the Community YMCA of Red Bank is here tonight and I would like him to come up and say a few words.

Mr. Murray: We are excited about working with the township. We think that the community and the Y will benefit. We look forward with working with the mayor on this. I want to thank Mr. Maher for his efforts on this matter.

Councilman Testino: I don't understand how they can post a 10 million dollar bond when there is not a contract pending for construction. Does this mean that they are going to pay the township ten million dollars if they default on any portion of the agreement?

Attorney Ruggierio: Your legal instincts are correct. We have to be sure that when we draw the obligation that is being guaranteed, there is great clarity. The way this transaction is intended to be drawn is that: tonight the council will adopt a resolution that will tell the mayor and administration to draw up a contract and negotiate with the YMCA, this contract will be drawn and negotiated at the same time that certain committees of the township are identifying the actual site that the YMCA be built. I think that it is our intent that the site be articulated in the agreement. There will come a time when the YMCA people sign the agreement and their proposal says that "in the event that they fail to deliver the building within 30 months" there is a default of the ten million dollars. I doubt that we get a commercial bonding company to sign on to that. I think that we will draw up an agreement that treats this like a normal guarantee. They undertake to construct the building within 30 months according to whatever specifications may be in the agreement on the land identified and in the event that they do not perform that obligation, the money would be available. We will have to work on this.

Councilman Testino: I can not see us suing the YMCA for 10 million dollars, and we are going to be facing with another fund-raising campaign. Don't tell me that we are getting 10 million dollars in one sentence and then in another tell me that we can enforce this.

Attorney Ruggierio: Their proposal says that. Mr. Maher has said to me more than once that I should make sure that, that obligation is absolute in any documents that I draw up. I had the same concern that you are expressing, that the law does not permit penalties. This are issues that I hope to work out during the drafting. Your point is well taken.

Councilman Testino: I am not sure that everyone understood what they were supposed to propose and before we get 90 days further down the road with an agreement that no one is going to sign, I think we need a clearer understanding. We are providing the land and they need to have the money to build the facility. If they do not have the money, they need to tell us that. We need to secure this money so that we don't have to chase a commercial bond company.

Councilman Greene: There was a time, months ago, when I thought that we would end up with a facility that was constructed by the township and possible run by the township, which is what I objected to. I think this proposal is great and the Community YMCA's proposal states that the YMCA will be the official employer and has exclusive rights in program decisions. What is the five to seven sites that are mentioned?

Councilman Maher: We need a minimum 12 acres and 240 parking spots and we have identified sites and they are; Towne Center, Ferry Road - across from the A&P, Mannino Park, O&Y, Rose Farm and Cedar Ridge II.

Councilman Greene: You mentioned Rose Farm, will that interfere with golf course that we are considering?

President Maher: I don't know, maybe we can take 12 acres and share the parking facility.

Councilman Greene: What is the location on Ferry Road?

President Maher: At the intersection of Route 9 and Ferry Road. We are leaving this up to the engineering firm that we are hiring tonight. This council will decide where the facility should be located.

Councilman Baker: Will the Y charge the Old Bridge swim team. I would like to see it in the agreement that they do not have to pay.

Councilman Maher: That has been discussed.

Attorney Ruggierio: The Y was very clear that they cannot donate this time, but that there would be some effort to make sure that the time is available for the team.

Mayor Cannon: I am pleased with this out come and the administration is supportive of the Y building and running this facility. I have concerns about the Rose Farm site being considered because Mr. Testino is going to be giving a report tonight on the golf course and I don't want to be working at cross purposes. The Rose and Lambertson Farms were purchased for a golf course and I don't think that we should start chopping out parcels. I would like to see that not listed as a potential site. What O&Y property are you talking about?

Councilman Maher: We got the list from your staff.

Mayor Cannon: There are two O&Y parcels, the county and the three hundred acres that we bought, which one are you talking about?

Councilman Maher: I think that we are talking about the 300 acres.

Mayor Cannon: This is the property that you wanted to leave vacant.

Councilwoman Panos: I was on the committee and we worked very hard on this and I hope the Bill can come up with a good contract.

President Butler opened the public portion.

Mr. Rao: How much money will this cost taxpayers?

Councilman Maher: There is no cost to taxpayers if we follow this proposal.

Mr. Rao: How much will you charge Old Bridge residents?

Councilman Maher: Those details are far down the road.

Mr. Rao: Can the building be located in the municipal complex?

Councilman Maher: That is one of the sites we mentioned.

Mr. Rao: Will the township have to buy the land?

Councilman Maher: The township's contribution would be to lease the land to the Community YMCA of Red Bank. There will be no cost to taxpayers.

Mr. Rao: This is not profitable for the township.

Councilman Maher: I disagree.

Ms. Shepler: Most of the property that Mr. Maher mentioned were purchased with Green Acres fund and could not be sold.

Councilman Testino: I want to correct something that Mr. Maher said, we will be spending some money on this project.

Mr. Desai: I support this project fully.

Robert Weiss: I am the Old Bridge High School swim coach and served on this committee. We worked hard and this represents a tremendous opportunity for Old Bridge and the youth. As a police sergeant I can tell you that athletes are typically not the juveniles that we have trouble with. Mr. Maher has set it up so that our community will have a significant role in the governing body of the YMCA.

Linda Condon: I support this concept 100%. I found that the mission statement of the YMCA has enriched my daughters lives. There are so many facets to the YMCA that the town can embrace.

Mr. Pagnotta: I gave some information to the committee for the YMCA and want to know if it was used.

Councilman Maher: Yes, it was useful.

President Butler: I just retired from the United Way and have known Jim Murray for over 20 years. I think that this is a tremendous advantage to have this in town.

Seeing no hands President Butler closed the public portion.

President Butler: I would like to pass the resolution for the fire signal now.

AUTHORIZING $17,000.00 TO BE DISBURSED FROM TRANSPORTATION PRO RATA TO SUPPLEMENT CONSTRUCTION OF TRAFFIC SIGNAL AT MADISON PARK FIRE HOUSE

RESOLUTION #412 -02

WHEREAS, the Madison Park Volunteer Fire Department is requesting a traffic safety signal be installed along Cheesequake Road; and

WHEREAS, the Township Engineer has researched the request for a traffic safety signal and is of the opinion that the single "mast arm" design must be pursued at this location; and

WHEREAS, the Township Engineer has further researched the use of funds collected under our traffic pro rata ordinance to help defray the cost of the signal; and

WHEREAS, the Township Engineer is recommending that the Township Council authorize the use of $17,000.00 for this necessary traffic safety improvement to help defray the cost of the new traffic safety signal.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that $17,000.00 from the funds collected under the traffic pro rata ordinance to help defray the cost of a new traffic safety signal on Cheesequake Road is hereby authorized.

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

AYES: Councilmen Baker, Greene, Testino, President Butler.

NAYS: Councilmen Hoff, Maher, Councilwoman Panos.

ABSENT: Councilmen Calogera, Redmond.

Prior to the vote the following discussion took place

Councilman Hoff: We discussed this at length over an hour ago and I thought that we waiting for reports and approval of DOT.

President Butler: That is not going to stop us from doing what is on the agenda.

Councilman Testino: I thought we were going to wait a week to see what kind of money they could come up with. If they do not have enough money I would move to amend the money. If some body gets hurt, there will be a lot of finger pointing. I want that light there. I have no problem with the current plan because I think that the stanchions that are proposed are going to be humongous and even more intrusive.

Councilman Baker: I move to increase the amount from $10,000.00 to $17,000.00.

President Butler: Would that cover everything?

Mr. Vincenti: I would think so.

Councilman Greene: I would second that because I can't see the firefighters having to shake cans.

GUEST - Jerry Riccardi -JCP&L - Update on Power Outages in Old Bridge - RESCHEDULED FOR SEPTEMBER 3^rd

Special Report - After Dark Reports from Police and Attorney (LR)

President Butler: We will hold this until next week since Mr. Redmond isn't here.

Old Bridge Municipal Utilities Authority - Proposed water and sewer capital projects bonding

Mr. Art Haney, Executive Director of the Old Bridge Municipal Authority reads the following report:

PROPOSED WATER AND SEWER PROJECTS

Water Projects

1. Perrine Road Booster Station and Sayrewoods Area Tank

The commercial development along Rt. 9 in the Sayrewoods area has increased the the fire flow demand requirements within that area of our water distribution system. The 100,000 gallon water storage tank, which was originally built in the 1950's to service only the shopping center, is no longer a reliable source of fire protection since it now services the surrounding area from Ernston Road to Perrine Road. The construction of a one million gallon elevated water storage tank would serve both the present and future overall water demands within this area.

The project consists of the addition of three (3) pumps within the Perrine Road Booster Station which would be dedicated to supplying water to the proposed one million gallon elevated water storage tank to be located in the general vicinity of the existing tank. The estimated project cost of $3.5 million, and the improvements are expected to be completed by September of 2005.

2. Old Bridge Plant Improvements and Phase II of SCADA

There are six (6) components to this project, namely, a generator replacement, roof replacement, clarifier internals, and drainage modifications all at the Old Bridge Water Treatment site on Pine Street off Rt. 18, and the addition of controls at the Old Bridge Plant and the control of a valve on Rt. 34 through a computerized Supervisory Control and Data Acquisition (SCADA) system.

With the increased security issues since the 9/11 attack, the Authority has reviewed ways to make our systems more reliable. The replacement of the emergency back-up generator system at the Old Bridge Plant would make the back-up power source more reliable at this water treatment plant. Other improvements at the Old Bridge plant include replacing the deteriorated roof and improving the drainage on the property. Also, the clarifier tank, which treats the groundwater and removes iron, will be modified to improve its efficiency. The improved efficiency should allow for an additional one million gallons a day production from this treatment plant. That increased projection will provide much needed water during heavy water demand times during the summer months. The portion of this project that will improve the SCADA system will provide for additional control within the distribution system of water transmission down Rt. 34 and will allow for operational staff to remotely operate the Old Bridge Plant from our Browntown Plant. The estimated project cost is $800,000, and the improvements are expected to be completed by September 2004.

3. Computer Hydraulic Model Updated

A computer model of the water distribution system was developed in the later 1980's. This compute model must be updated and recalibrated to reflect the current conditions within the water distribution system. The computer hydraulic model is used as a very effective tool in evaluating proposed capital projects for our five (5) year water capital plan and evaluating the addition of large developments such as Woodhaven and Brunetti into the existing water distribution system.

This project consists of updating the township mapping, determining the extent of new pipes within the water distribution system, reviewing pump data, current water use, and field testing with hydrant flow tests to calibrate the system. The completed model will then be run to evaluate the current condition of the system so that recommendations can be made for improvements to the various elements of the system, such as pump stations, piping and water storage tanks. The estimated project cost is $250,000, and the work is anticipated to be completed by September 2003.

4. The Higgins Road Water Storage Tank Connection

The water in the Higgins Road tank cannot be fully utilized due to the operating pressures in the area. The Higgins Road tank is in close proximity to the Rt. 516 tank which has a pump station at that facility. The improvements in this project consist of constructing approximately 23,000 feet of twelve inch (12") pipe to connect the Higgins Road tank to the Rt. 516 tank so that both tanks can utilize the pump station at the Rt. 516 site. This connection would also provide much needed water during heavy demand times in the summer months. The estimated project cost is $625,000, and the improvements are expected to be completed by September 2005.

5. Browntown Clarifier Covers

Due to security concerns since the 9/11 attack, the installation of a cover over the Browntown Clarifier tank will provide increased security to our water treatment process. The improvements consist of the construction of a dome over the Browntown Clarifier located behind the Knights of Columbus building off Throckmorton Lane. The estimated project cost is $160,000, and the improvements are expected to be completed by September 2005.

6. New Aerator Trays

The process of treating the groundwater at both of our Browntown and Old Bridge plants consists of pumping the groundwater from underground aquifers and treating the raw water, which has a very low pH (acidic) level and a high iron content. The first unit process in which the raw water is treated is the aerators. The aerators consist of multi-level trays constructed out of redwood. These redwood trays become old and deteriorated after about two (2) years and need to be completely replaced. Redwood is not as readily available as it was yeas ago, and the cost to replace these trays is becoming more and more expensive. This project consists of installing PVC trays which will have a longer life, and therefore, will be easier and cheaper to maintain. The estimated project cost is $275,000, and the improvements are expected to be completed by September 2005.

SEWER PROJECTS

1. Genoa Sewer Pump Station and Force Main

Both the Authority and the Township have expressed a desire to provide sewer service to the Genoa area. The Authority has been attempting to sewer the Genoa area since its dealing with Rondinelli in the late 1980's. The development of the new Alfieri commercial property is a key element in providing the sewer service to the Genoa area. The Authority and the Township Council have previously approved the construction of eight (8') inch gravity sewer throughout the Genoa area at a project cost of approximately $400,000. Due to the delay in developing this commercial property, the Authority now proposes to construct a temporary pump station to convey the sewage from the Genoa area across the Alfieri commercial property to the existing Bridgepointe sewer collection system. The improvements in this project consist of construction a temporary pump station and installing approximately two thousand (2,000) feet of force main through the Alfieri commercial property. The estimated cost is an additional $550,000, and the improvements are expected to be completed by September 2004.

2. Pump Station Generator Replacements

The replacement of emergency backup generators at five (5) of the Authority's sewer pump stations will provide increased reliability during power outages. Again, this reliability enhances the Authority's security. The improvements to be constructed in this project consist of replacing emergency power diesel generators, fuel tanks and modifications to the existing electrical systems to accommodate the new generators within five (5) sewer pump stations. The estimated project cost is $825,000, and the improvements are expected to be completed by September 2004.

3. Relining Sewer Mains

The Authority has been eliminating groundwater infiltration into the sanitary sewer system over the years by repairing leaks. These leaks are repaired by grouting the inside of manholes and installing a liner inside the sewer pipe. This program has been very successful in reducing the amount of water that needs to be sent to Middlesex County Utilities Authority for sewage treatment. That reduced flow has resulted in cost savings for the Authority.

The improvements in this project consists of identifying the worse areas of the sewage collection system, relining approximately twelve thousand feet (12,000') of sewer main, and repairing approximately forty (40) manholes to reduce this groundwater infiltration into the sanitary sewer system. A secondary benefit to the procedure of relining sewers is to restore the structural strength of deteriorated pipe. In the past collapsed sewer pipe has resulted in major costs to the Authority to dig and replace sections of the sewer main under the streets. The estimated project cost is $1.875 million dollars, and the improvements are expected to be completed by September 2005.

Councilman Hoff: I am very pleased that you are hooking up Genoa Section.

Councilman Greene: Where exactly are the streets in the Woodhaven improvements that you are talking about?

Mr. Michael Roy: That was a project that was approved in 1999 and most of it has been done already, the water line was extending down Englishtown Road from Texas Road and went up Matchaponix Road and also extending down Pension Road. The other part of the improvements is going to be a 2 million gallon elevated water storage tank to be located on Marlboro Road; that is still on the drawing board. The sewer improvements will be a sewer line extended down Englishtown Road from Texas Road and up to Matchaponix which is also still on the drawing board.

Councilman Greene: You have the funding in this current budget?

Mr. Roy: The funding has been in place since council approved the project. This has been coordinated with Woodhaven development, much of the projects in that area have piggy backed on their work. We are funding the projects as they develop that area.

Councilman Greene: So, this was approved in a prior bonding issue?

Mr. Roy: Yes.

Councilman Greene: Where will the Sayrewoods water tank be?

Mr. Roy: In the general facility of the old tank, in the Wal-Mart/Home Depot area. This tank will be ten times the size of the one now. The tank was originally built in the 1950's for what used to be the Sayrewoods shopping center, which is now the Gateway Shopping Center.

Councilman Greene: Where are the south Old Bridge water extensions that you mention?

Mr. Roy: In the area north of Texas Road, that used to be O&Y property. We have it on the long term plan in the hope that at some point we will be able to fund some of the streets through there. With it now being the county park and there not being many residents there, the priority gets pushed down to extend a water line on Pleasant Valley Road or East Greystone.

Councilman Baker: There was a man here from Spring Hill Road regarding sewers. Are his concerns addressed in this bonding?

President Butler: He is at 56 Spring Hill Road.

Mr. Roy: There was an extension when the car wash went in and we did pick up as many residents as we could. A lot of that area is Brunetti property and that will eventually be sewered when he comes across Route 9 with his development. It is a low area and if anything were to be put in now, it would have to be pumped up hill to Route 34. There is a senior citizen complex that is trying to get approval, we have looked at that as possibly putting in a temporary pump station and try to pick up the residents of that area.

Councilman Baker: Please add him to your radar screen in case this development doesn't come through.

Councilwoman Panos: In ward six we have people who have been living here for 30 and 40 years and they don't have sewers. There isn't going to be developers that will come there and these people have no hope.

Mr. Roy: Where are you talking about?

Councilwoman Panos: On Englishtown Road from Kensington Road to Texas Road.

Mr. Roy: The money that was funded the last time was in conjunction with the Woodhaven Development, which is south of Texas Road. You are talking about north of Texas Road.

Councilwoman Panos: Do you have any plans for these people, they have been like this for forty years and they have paid their dues?

Mr. Roy: We can add them to the list.

Mr. Haney: It is important to keep in mind that the Authority is a revenue based agency, not a taxing agency. It is not inexpensive to expand systems throughout the township and that is why we take the opportunity to work with developers to have them build the infrastructure. We try to expand projects where we can. The Woodhaven projects that are listed here is part of an agreement that we made with them a few years back. The problem is that it would be so dramatic for the Authority to go out and do this on its own and the rate payers would not be able to afford this. We have entered into partnerships with the township before and are certainly willing to work with you again in any areas where you feel are priority and are willing to make financial commitments.

Mayor Cannon: I am concerned about these pockets of areas that are not being serviced and are waiting for development to come in. We are working at cross purposes, we are trying to curtail development in town and you are telling these people that they will get sewers if Brunetti develops. He doesn't even have a plan for that area and I don't see one in the foreseeable future. Are there other mechanisms that we can use to try and eliminate some of these pockets? If we enter into a cost sharing agreement, then all the taxpayers will pay. I think that we can't always depend on development to take care of our residents that should have these services.

President Butler: I am very happy that the Genoa residents are going to finally be getting sewers

MOTION

by Councilman Hoff, seconded by Councilman Greene to approve the bonding projects of the Municipal Utilities Authority and so ordered on the following roll call vote:

AYES: Councilmen Baker, Greene, Hoff, Maher, President Butler.

NAYS: Councilwoman Panos.

ABSENT PODIUM: Councilman Testino.

ABSENT: Councilmen Calogera, Redmond.

APPOINTMENT OF MUNICIPAL JUDGE

RESOLUTION #413-02

WHEREAS, Ordinance No. 13-95 requires the submission of a name for appointment to the position of Municipal Judge and for advertisement and hearing to be conducted prior to the Council granting advice and consent to the mayor's appointment; and

WHEREAS, the mayor has recommended Susan Scarola to be appointed as Municipal Judge for a term of three years from the date of appointment, said term to expire August 12, 2005; and

WHEREAS, said hearing was held in conformance with the published advertisement and no objections were received;

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that advice and consent is hereby granted to the mayor's appointment of Susan Scarola as Municipal Judge of the Township of Old Bridge Municipal Court for a term expiring on August 12, 2005.

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

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

NAYS: None.

ABSENT: Councilmen Calogera, Redmond.

Prior to the vote the following discussion took place:

Mayor Cannon: The judge is here to answer any questions and the ordinance requires a public hearing. Susan Scarola has been the judge for three years and I am recommending that she be reappointed, which will be retroactive to January of 2002.

Councilman Testino: I have heard great things about the Judge and am glad to support her.

President Butler: I am known Susan for over 20 years and she does a great service to the Township of Old Bridge.

PROCLAMATION

India's Independence Day

Whereas, India, the largest democracy consisting of 950 million people, attained her independence from the British in 1947 through a non-violent movement led by Mahatma Gandhi and;

Whereas, India is now celebrating the 55th Anniversary of her independence this year and;

Whereas, both the United States of America and India share many common goals and aspirations as sister democracies working together for the uplifting of their people and having formed long lasting bonds and;

Whereas, the State of New Jersey has the third largest population of immigrants from India in the United States of America and;

Whereas, the County of Middlesex has the largest population of immigrants from India in New Jersey, many of whom have made their home in Old Bridge.

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge Township do hereby recognize the bonds between the people of the United States and India and; in commemoration of the celebration of the 55th Anniversary of India's Independence, do hereby proclaim August 15, 2002 as India Day in Old Bridge Township and will celebrate it in cooperation with the India Cultural Association of Central Jersey by proudly raising the flag of India on this day.

Mr. Kieran Desai: I would like to invite all to the flag raising ceremony on Sunday August 18^th in the front of the municipal center.

HEARINGS

Release/Reduction Performance Guarantee - Plato's Inc. - d/b/a Bridgeway Diner

Mr. Vincenti: This is a release for Bridgeway Diner on Route 9. We are currently holding $57,792.00 in bonds. The work has been done and we have performed our inspection and the work is acceptable. We are recommending a release of the bond, subject to a posting of a two year maintenance bond in the amount of 15% of the original performance bond. Also, subject to the submission of additional record plans and as builts of the site.

MOTION

by Councilman Hoff, seconded by Councilman Testino to release the performance bond, subject to posting a two year maintenance bond in the amount of 15% of the original maintenance bond and submission of as builts and additional record plans.

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

NAYS: None.

ABSENT: Councilmen Calogera, Redmond.

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

Release/Reduction Performance Guarantee - Public Storage

Mr. Vincenti: This is for a bond release of the performance guarantee for Public Storage located on Route 9, north of Spring Valley Road. We are holding a performance bond in excess of $376,000.00. All of the items on the site has been done. However, there are some deficient punch list items and also items that were mandated by the board to address residents concerns. As a compromise we are recommending just a reduction in the amount of 70%. That would reduce the bond from $376,000.00 to a total in excess of $112,000.00 of which $11,281.25 is cash.

Councilman Hoff: Are you holding enough money for the punch list items and the problem with the neighbor?

Mr. Vincenti: Yes.

Councilman Testino: Can we hold all the cash?

Attorney Ruggierio: Without the consent of the principal we can only hold the 10% permitted by statute.

Councilman Testino opened the public portion.

Helen Lucy: live north of the public storage and there were promises made. The majority of them have not been done.

Councilman Testino: Have you given a list of complaints to the engineer?

Mrs. Lucy: Yes.

Mr. Vincenti: I have a copy of the list and we have confirmed that the contents of the residents letter are accurate. We are in the process of making sure that they comply with the plans.

Mrs. Lucy: There is a pooling of stagnant water in front of their building. I was told that there would be 10 spruce trees planted, for two years there was only nine planted and they were never watered. In the buffer zone there are weeds and tree trunks. There was supposed to be thirteen rhododendrons and thirteen azaleas planted in the buffer zone and they have been planted and not watered and they died. They pulled them all out and replaced them with thirteen azalea and ten of some kind of other plant. There are three trees that are bending over to my property and the leaves are falling on my property and we cannot rake these leaves.

Councilman Testino: We will have the engineer make sure that they take care of these things.

Mr. Pagnotta: Why do we keep approving storage centers?

Councilman Testino: That is a zoning issue and we are only dealing with the reduction now.

Seeing no hands Councilman Testino closed the public portion.

MOTION

by Councilman Baker, seconded by President Butler to reduce to the performance bond as stated by Mr. Vincenti and so ordered on the following roll call vote:

AYES: Councilmen Baker, Greene, Hoff, Maher, Testino, President Butler.

NAYS: None.

ABSENT PODIUM: Councilwoman Panos.

ABSENT: Councilmen Calogera, Redmond.

Release/Reduction Performance Guarantee - Shurgard Storage Centers, Inc.

Mr. Vincenti: This is located on Route 9, south of the Amboy Road intersection. We are holding a bond in excess of $108,000.00. We have performed our final inspections and everything has been installed. We are recommending a release of the performance bond, subject to four items; 1.) Posting a maintenance bond in the amount of $16,253.00 - 2.) Letter of compliance from Freehold Soil Conservation District. 3.) Providing the township with revised as builts drawings. 4.) There is a tripping hazard on the property and they have agreed to replace it.

Councilman Baker: Are there any plans to landscape the side of Amboy Road?

Mr. Vincenti: My understanding is that the landscaping is in accordance with the approved plans.

Mayor Cannon: This is not the new one, it is the old one.

MOTION

By Councilman Hoff, seconded by President Butler to release the performance bond of Shurgard Storage Centers subject the four items listed by the Township Engineer and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Greene.

ABSENT: Councilmen Calogera, Redmond.

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

Developers of Cedar Ridge to show cause - default of performance guarantee for construction of recreation area.

Attorney Ruggierio: The representatives of Cedar Ridge are here to contest the proposal to default this performance guarantee.

Mr. Heilbrunn: The developers never received notice of this hearing.

Attorney Ruggierio: I will recommend that we carry this one cycle so that we can assure that notice has been received.

President Butler: So we will hold this until next meeting.

Councilman Testino: Do you need additional notice, other than us telling you tonight that it will be on the next meeting.

Mr. Heilbrunn: When will it be?

Deputy Clerk Ward: September 9^th is the next regular meeting.

Mr. Heilbrunn: Is there a position paper available, for this council's somewhat unusual action?

Attorney Ruggierio: No, there is no paper. As things presently stand, the last plans that were approved require these installations of recreational facilities. I believe that one of the reasons they were installed has to do with the fact that wetlands took over the area that was proposed. Obviously we are willing to work out an arrangement with the developer and we have made some requests. We will be happy to hear from the developer on September 9^th.

Mr. Heilbrunn: I will, subject to my clients approval be here for your consideration.

ORDINANCE FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE #40-02

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING CHAPTER XI-A OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE

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

SECTION 1: PURPOSE

This Ordinance 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 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 repeated 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-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 in 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 Baker, seconded by President Butler and so ordered on the following roll call vote:

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

NAYS: Councilmen Greene, Testino.

ABSENT: Councilmen Calogera, Redmond.

Prior to the vote the following discussion took place

Councilman Greene: I did not get any information that would give me the ability to approve a rent increase.

President Butler: We are keeping this at 2%.

Councilman Greene: I would consider a zero increase.

President Butler opened the public portion.

Mr. Pagnotta: I don't think that we should raise the rents on the apartments.

Seeing no other hands President Butler closed the public portion.

DISCUSSION ORDINANCE / ORDINANCE FOR FIRST READING

Township of Old Bridge
Ordinance No. 41-02

ORDINANCE AMENDING OLD BRIDGE LAND DEVELOPMENT ORDINANCE SECTION 4-3(M) REGARDING 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 the Section 4-3(M) of the Old Bridge Land Development Ordinance to clarify which applications are subject to the requirements of Section 4-3(M).

SECTION 2: ORDINANCE

Section 4-3(M) of the Old Bridge Land Development Ordinance is amended by substitution 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 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.

This Ordinance shall be limited in scope and shall only apply to applications for development which are for General Development Plans, major or minor subdivisions, new commercial site plans on vacant land or lands being converted from a non-commercial use or use variances under 40:55D-70(d) applications. Any land development application involving the construction or alteration of a one single family dwelling unit on one lot is exempt from this sign posting 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

Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) 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.

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

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

NAYS: None.

ABSENT: Councilmen Calogera, Redmond

Prior to the vote the following discussion took place

Ms. Shepler: Some time ago you passed an ordinance that required a developer to place a sign on the property. We were referring to vacant lands where large developments could be built. Apparently, there is language in there that could be misinterpreted to in effect penalize the owners of single family residences from doing additions or putting a pool in.

DISCUSSION ORDINANCE/ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE

Ordinance No. 42-02
AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE

AMENDING SECTION 5-13 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE GOVERNING TOWING AND WRECKERS

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-eights 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