Old Bridge Township, New Jersey - July 19, 2004 Minutes

A Combined meeting of the Township Council of the Township of Old Bridge was held on July 19, 2004 in the Municipal Complex. The meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk 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.

Roll call at 7:30 p.m. by Deputy Clerk Ward, showed the following members present: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.

President Baker asked for a moment of silence for the troops serving in the Persian Gulf.

Bill List

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

RESOLUTION #437-04

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 19, 2004 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 19, 2004 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 $15,489,471.65 (General Fund)

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

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

NAYS: None.

Bill List

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

RESOLUTION #438-04

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

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

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

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

NAYS: None.

Bill List

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

RESOLUTION #439-04

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

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

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

AYES: Councilmen Butler, Gillespie, Greene, Volkert, Councilwoman Panos, President Baker.

NAYS: Councilmen Calogera, Maher, Testino.

Public Comments

Mr. Redmond: When will the sidewalk on Maple Street and Route 18 be installed? I have brought this up a number of times. I am concerned about this and trying to avert a tragedy.

President Baker: I will have the Administration take this as an action item.

Mr. Redmond: The sidewalk is from the Wawa driveway and Mapleview Manor.

Councilwoman Panos: I went out with Mr. Vincenti and we looked at a sidewalk from Jeri Lane to the Wawa.

Mr. Redmond: That will not work.

President Baker: The administration will get back to you within thirty days.

Mr. Valentino: I visited one of the stores that was suppose to hang the sign (sale of tobacco to minors) and the sign was not in compliance with the ordinance; he did rectify the size after being told. When we codify the ordinance we need to be more specific as to where to hang the sign.

Mr. Ron Richard: I am here in support of the Township taking over the two detention basins at Lowell Manor. This has been a long process and all parties involved are satisfied.

Ms. Clavering: I would like the ADA coordinator, John Amabile, to make sure that Wendy's on Route 9, Burger King on Route 516 and the Pine Tavern on Route 34 properly display their handicapped parking signs.

Mr. Rao: Comments concerning the presidential election.

APPROVAL OF MINUTES

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

RESOLUTION #440-04

WHEREAS, the following minutes are hereby approved:

May 17, 2004 – Agenda

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

AYES: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Volkert, President Baker.

NAYS: None.

ABSTAIN: Councilman Testino, Councilwoman Panos.

HEARING

Release/Reduction Performance Guarantee Aaronson Car Wash.

Township Engineer, John Vincenti: This car wash is located on Route 516, near Gaub Road. There were previous requests for reductions in 1998 and they were withheld. We are currently holding a performance bond in the amount $121,709.93 and additional cash in excess of $13,500.00. We have done an inspection and all the improvements are done to our satisfaction and we are recommending a release of the performance guarantee, subject to the posting of a two year maintenance bond in the amount of 15% of the original performance bond.

Councilman Greene: This is the car wash on Route 516 and Jake Brown Road.

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

MOTION

to release the Performance Bond for Aaronson Car Wash, subject to the posting of a two year maintenance bond made by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

HEARING

Release/Reduction Performance Guarantee Cheesequake Commons.

Attorney Convery: This is a 70% reduction that is recommended by the Township Engineer in a memo dated July 16, 2004 from Mr. Sumal. I would like to note that state law relies heavily on the recommendation of the Engineering office.

Assistant Engineer, Pinder Sumal: We are recommending a 70% reduction. We received three letters from homeowners that are referenced in my memo.

Mr. Bill Jordan, Representative of Cheesequake Commons, LLC: We are the company that has done the construction work for Cheesequake Commons. There are issues that we feel are above our responsibility. I would like to move forward with the bond release and then go back and discuss with our owner some of these issues, that we believe is not bondable.

Attorney Convery: If the reduction is approved tonight, I believe there will be time for this company to discuss these other issues with the engineering department, before there is a release of the other 30%. Is that correct?

Mr. Jordan: Yes.

Attorney Convery: I would recommend that you follow the engineer's recommendation.

President Baker opened the public portion.

Mrs. Mary Silvestro, 108 Autumn Road : The water detention basin is directly behind my property and I have always had to call the Township or Yonkers to have it maintained. It is overgrown and garbage filled. I am maintaining what does not belong to me, so that I do not have to look out and see this. I would like to be assured that this will be maintained.

Mrs. Constance Smouse, 2 Emma Court: I have submitted pictures and detailed letters regarding my issues on the lights shining into my home and the flooding. I questioned the density of the buffer zone. What will be done about this? When Yonkers took down a side light, they put up a fence on one side of the property. Why?

President Baker: We do not have an answer tonight, that is the purpose for this hearing.

Mrs. Smouse: One of the representatives from Yonkers has been very rude to me and told me that this is the way it is and that I have spent too much money. Yonkers has chose to ignore my correspondence on the flooding issue.

Seeing no hands President Baker closed the public portion.

President Baker: Are these bondable items?

Mr. Sumal: The first issue from Ms. Silvestro regarding the wet condition at the detention basin is due to the sump pump pipes, which lay towards the detention basin. We have asked the developer to extend the pipes. As far as I can see, these are bondable items. The second issue at 2 Emma Court and the buffer zone; these are in compliance with the approved plans. The building elevation is not a bondable items – these are discussed during the planning stages. I believe that the lights have been removed. I believe that the wooden fence was installed to deflect the car headlights.

Mr. Jordan: On the detention basin, we did not do the housing development, the houses were all developed by someone else and that developer decided to run the drainage pipes into our detention basin. The detention basin now has a constant wet condition because he ran this to the top of our slope, there were no approvals given to do this. This is an issue that is outside our scope of work, I said that I would continue discussing this with Mr. Sumal in an attempt to be a good neighbor. We have moved around and removed lights, I am not aware of this particular issue, but I will go back and look at this complaint. The drainage problem in the backyard of 103 Autumn is from the elevations having been changed, there was a drain put in. The homeowners have elected to change the elevation in the back and that creates an issue with drainage. This is beyond our scope but I will discuss it further with Mr. Sumal.

President Baker: Do you think that these folks here are the only ones that have issues?

Mr. Sumal: We have received three letters.

President Baker: Do you think, if we released 70%, that 30% is sufficient to appease these folks, whether its bondable or not.

Mr. Sumal: Yes, it will cover any cost, if works needs to be done. The ordinance require that they tie sump pumps into storm water. If they don't do that, it is logical for them to throw the water onto the detention basin, but it must be done in such a way as to not cause a problem.

Councilman Butler: It seems that the water problem at 2 Emma Court is a long standing problem.

Mr. Jordan: I am not aware that there is a water problem at this time at Emma Court. I think these were older photos.

Councilman Butler: Can you go over to the property now and look at it?

Mr. Jordan: Yes.

Councilman Testino: Did the same company develop the shopping center, next door?

Mr. Jordan: Yes.

Councilman Testino: It is ridiculous to have this lighting issue with the homeowners. I could understand if it was a different developer.

Mr. Jordan: We didn't build the homes.

Mr. Sumal: There are two drainage problems; 103 Autumn Court and also the detention basin.

Councilman Testino: Was this constructed in accordance with the plans?

Mr. Sumal: I have checked the buffer zone and it is in accordance to the plan.

Councilman Testino: The drainage calculation was in front of the planning board and they let this occur?

Mr. Sumal: I did not review the planning files.

Councilman Testino: They are supposed to have the drainage calculations to make sure this doesn't happen. Where is the flooding coming from?

Mr. Sumal: The flooding originally happened during construction, they did not take any precautions to stop the water from going there.

Councilman Testino: Is there still flooding there?

Mr. Sumal: No, other then the detention basin.

Councilman Testino: Are these pictures up to date?

Mr. Jordan: No, they are from another time.

Councilman Testino: When was the last time, we were onsite when it was raining?

Mr. Sumal: I do not know. I am not aware that there is a problem now.

Councilman Maher: This development did not have approval to tie into the detention basin.

Mr. Jordan: Correct.

Councilman Maher: How did we allow this to happen?

Mr. Sumal: The ordinance requires that they connect sump pumps to a storm water system, the other side of the street, they are connected. On this side of the street there is a detention basin, so it was logical that it would discharge towards the detention basin. The pipes need to go further down to avoid this problem.

Councilman Maher: Did the developer (Jerald Development) have permission to connect to this detention basin?

Mr. Sumal: I am sure that we would have given them permission.

Councilman Maher: Was the proper load calculation done before we allowed this? I am sure that the housing development was done first.

Mr. Jordan: No, they were done at the same time. The store was up before any houses.

Councilman Maher: Apparently the detention basin is over capacity.

Mr. Sumal: No, the pipes need to be extended further down to the detention basin.

Councilman Maher: Who will do that?

Mr. Sumal: We are asking the developer to do this. (Jerald Development) (Cheesequake Commons) they hold both bonds for both commercial and residential.

President Baker: We need more information on this.

Councilman Volkert: According to the residents, they raised their land because of stagnant water.

Mr. Jordan: The drawings were very clear and provided for adequate drainage in that area, there were some grade changes after we were no longer involved in the building. If you review the drawings, it is very clear, the drainage was there.

President Baker: Mr. Volkert, you had another motion to make to end this.

Councilman Volkert: I want to get this cleared up, I don't think that Yonkers in the position, right now to say they are going to remedy these problems. I would like to table this.

President Baker: The attorney would like to make a comment.

Attorney Convery: When there is a hearing, it is important to consider the recommendation of the Engineer, but where the council has factual questions concerning taking action, they have every right to table. I would recommend that you table until your next public meeting and continue the hearing at that time. The applicant has complied with the ordinance, the people are here and have had a right to be heard. I would recommend tabling until your next meeting, without further notice being required.

MOTION

to table the hearing until August 16, 2004 by Councilman Volkert, seconded by Councilwoman Panos and so ordered on the following roll call vote:

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

NAYS: None.

Subsequent to the vote the following comments were made.

Councilman Calogera: I would like to ask the Administration to send Code Enforcement and the Health Department out to look at these issues.

President Baker: This item is off the agenda. The clerk can send this to the Business Administrator.

ORDINANCE FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 18-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE NO LONGER NEEDED FOR PUBLIC USE AND SETTING THE TERMS AND CONDITIONS OF SUCH SALE

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 Township of Old Bridge is the apparent owner to certain properties known as Block 1003, Lot 40, Block 2000.19, Lots 1-3,10-13 and 41-44, Block 2000.23, Lots 23-24,53-56, 29-35, Block 2000.24, Lots 15-17, Block 2000.25, Lots 20-23, Block 13004, Lots 2.12, 2.13, 3.11, 3.12, 3.13, 3.14, 3.15, Block 13005, Lots 30-31, 59, on the Tax Map of Old Bridge. This land is no longer needed for public use and the Township Council desires to authorize the sale of the property at auction in accordance with all requirements and procedures set forth in the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.),subject to the conditions listed herein.

SECTION 2: AUTHORIZATION TO CONDUCT AUCTION: SALE PRICE

The Township Administrator is hereby authorized to conduct an open public sale at auction to the highest bidder in accordance with N.J.S.A. 40A:12-13. The minimum price for the interest which is authorized to be sold under this Ordinance is as follows:

ADDRESS BLOCK/LOT MINIMUM BID

40 Delray Place B 1003/L 40 $60,000.00

Biondi Avenue B 2000.19/L1-3, $40,000.00
L 10-13 $50,000.00
L 41-44 $50,000.00

Naples Avenue B 2000.23 /L 23-24, 53-56 $90,000.00
L 29-35 $90,000.00

Columbus Avenue B 2000.24/L 15-17 $40,000.00
Biondi Avenue B 2000.25/ L 20-23 $40,000.00
Wesley Road B 13004 /L 2.12, 2.13,
3.11, 3.12, 3.13, 3.14, 3.15 $120,000.00

Wesley Road B 13005/L 30 $72,000.00
L 31 $40,000.00
L 59 $72,000.00

SECTION 3: NOTICE OF SALE

The Township Clerk shall cause the Notice of Sale and Public Notice to be provided in accordance with the statute.

SECTION 4: OTHER TERMS AND CONDITIONS OF SALE

1. The Township of Old Bridge makes no warranty concerning the marketability or the insurability of title to the said parcel. In the event title of the Township of Old Bridge to the said parcel, or portion thereof, is not marketable or insurable at regular rates by a reputable title insurance company licensed to do business in the State of New Jersey, a successful bidder's sole remedy shall be the right to demand the return of any deposit paid to the Township of Old Bridge.

2. At least fifteen (15) days prior to the date of settlement, the successful bidder will provide the Township Attorney with the following:

a) Preliminary report of title with legal description; and

b) Current survey.

3. At least ten (10%) percent of the minimum sales price shall accompany bid, which may be by personal check. The balance of the bid price or purchase price shall be cash, certified or official bank check, payable at the time of transfer of title, but in no event later than thirty (30) days after the date of the land sale; except, in the event that the Township Attorney certifies to the Township that questions of title exist, in which event, payment shall be made within ninety (90) days after the date of land sale, unless further extended by resolution of the Township Council.

4. In the event a successful bidder shall fail to pay the balance as herein provided, the payment made at the time of sale shall be retained by the Township as liquidated damages for the non-performance of said bidder. The Township shall be entitled to rescind the prior bid approval and terminate any and all rights of the designated bidder in said property.

5. The Township reserves the right to reject any and all bids, including the highest bid.

6. The purchaser shall be responsible for terminating any and all existing tenancies.

7. The form of conveyance of said land by the Township shall be a standard form of Quit Claim Deed. The successful bidder shall notify the Township Attorney in writing of any specific request for designation of grantees in said Deed.

8. All sales and conveyances shall be subject to all covenants, conditions, encumbrances, easements, and restrictions, whether of record or not, as well as subject to all presently existing municipal rules, regulations, and ordinances, including the Zoning Ordinance and amendments hereto of the Township of Old Bridge. The sale of any parcel shall in no way bind the Township to provide access or to improve presently existing accesses, whether there be public roads or not, nor is there any representation that, in fact, accesses do exist to any of the parcels named herein.

9. The Deed of Conveyance from the Township to the successful buyer may contain any of the following restrictions, as may be applicable:

(a) This property shall not be utilized for any purpose which is tax exempt from municipal property taxes unless the owner thereof shall pay an equivalent amount to the Township of Old Bridge, which it would otherwise pay as municipal property taxes if the said use of the property was not tax exempt (municipal, school, county, fire district, etc. taxes). This payment in lieu of taxes shall be paid wholly to the Township of Old Bridge, and shall be a condition upon the sale and a restriction as to the use of the property which shall run with the land.

(b) This property shall be utilized solely as open space.

(d) Any future sale of the property shall be subject to the restrictions enumerated herein.

(e)

(f) The Township of Old Bridge shall have the right of first refusal should the property be put up for sale.

The Township Clerk shall make known the specific restrictions set forth in this Section in the advertisement and invitation to bid and shall comply with the statute's direction to receive bids under “Option A and Option B” as provided in N.J.S.A. 40A:12-13. The Township of Old Bridge reserves the right to elect either or both options and the highest bid of each. Such acceptance or rejection shall be made not later than the second regular meeting of the governing body following the sale.

SECTION 5: AUTHORIZATION TO EXECUTE DOCUMENTS

The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyance.

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 of the ordinance shall be deemed invalid and ineffective.

SECTION 8: EFFECTIVE DATE

This ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless the council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Council shall vote in favor of such resolution pursuant to N.J.S.A. 40:69A-181; and upon this ordinance taking effect shall not be retroactive.

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

AYES: Councilmen Butler, Gillespie, Maher, Testino, Volkert, President Baker.

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

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

Councilwoman Panos: I am happy to see that some parcels are going to be offered to the adjacent homeowners. I am still concerned with parcels 9, 10 and 12 where there are wetlands and are being sold without restrictions.

Attorney Convery: When we say sold without restrictions, we mean on the owners, meaning what the owner can do, after he owns it. There will be a disclosure to anyone who purchases the property that we believe that there may be wetlands on part of the property. We are giving a disclosure, in good faith to potential purchasers. If there are wetlands on the property, they must comply with DEP regulations. We are not giving them carte blanche to do whatever they want with the property.

Councilman Calogera: Where is the money raised from these properties? Will this go into the Open Space Trust Fund, which was the request of voters by 7 to 1 at the election?

Mayor Phillips: This is anticipated as revenue, not dedicated to the open space fund. I am trying to be consistent and follow past practice, you quote a referendum that was taken, that was non-binding, yet in reviewing, I see, last year the town sold the community center on Route 9 and that went into the general fund. In between the referendum that was passed and today, the town is on the hook for $17,000,000.00 for 200 acres of land. For budgetary purposes, I have included this as a revenue item in the operating budget, as a means of lowering property taxes. If you want to move it at budget time, that is fine with me. In the budget that is presented to you, the proceeds from this land sale is going for property tax relief.

Councilman Calogera: I think that we should adhere to the referendum that was passed. I will not vote for this money to go into the general fund.

Mayor Phillips: We have anticipated $600,000.00 from this property sale, which represents two cents of property taxes. I would like you to know that the open space fund has been increased through a transaction that we made this year by a million dollars. We are not trying to take money away from the Open Space Trust Fund. I am fighting as hard as I can for property tax relief. I think that past practices of this government has been to include property sales into the general fund, it has never dedicated any money to the open space fund, even after the referendum was passed. I think for you to try and impose it this year, is selective. If you want to work on this fine, I am just telling you what the consequences are.

Councilman Greene: Each budget stands on its own, what happened last and what happens this year is differently, there are a lot of expenditures and revenues that can be addressed. The budget success or failure does not lie on the sale of these properties. I don't have a concern about the sale of them and feel it is a reasonable thing to do but I want to stand by the commitment that I made and certainly the wish of the voters who voted to use this money to purchase additional open space. That is the reason that I will not support this.

President Baker: I support this.

Councilman Gillespie: These are properties that are being taken off the township foreclosure rolls, these are properties that township taxpayers are paying extra for, through the reserve for uncollected taxes for many years. This is a simple business decision, this is the kind of smart business decision that municipalities all across New Jersey should make and do make.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 20-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ADOPTING A REDEVELOPMENT PLAN FOR THE OLD BRIDGE CROSSROADS TRACT

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

WHEREAS, the Township Council of the Township of Old Bridge ("Township Council") pursuant to N.J.S.A. 40A:12A-4, determined by Resolution dated October 23, 2000 to cause a preliminary investigation to be made and requested for the Planning Board of the Township of Old Bridge ("Planning Board") to hold a public hearing as to whether the Old Bridge COI Tract (formerly known as Olympia and York) (hereinafter the "Old Bridge COI Tract") is a redevelopment area; and

WHEREAS, the Planning Board, after considering the report of the Township Planner dated December 5, 2000, and finding evidence of the criteria set forth in N.J.S.A. 40A:12A-5, recommended based on the procedures set forth in N.J.S.A. 40A:12A-6 by Resolution dated December 12, 2000 that the Old Bridge COI Tract comprising of Block 20000, Lots 67.11 and 79; Block 20002, Lots 8.11, 10.11, 14, 15 and 16; Block 21001, Lot 4.11; and Block 21000, Lots 6.11 and 13.12, as shown and designated on the tax maps of the Township of Old Bridge is a redevelopment area; and

WHEREAS, the Township Council upon the recommendation of the Planning Board determined by Resolution dated August 13, 2001 that the Old Bridge COI Tract is an area in need of redevelopment because it evidenced criteria set forth in N.J.S.A. 40A:12A-5; and

WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7 provides for the redevelopment of areas in need of redevelopment to be undertaken in accordance with a redevelopment plan; and

WHEREAS, the Township Council pursuant to N.J.S.A. 40A:12A-4(a)(3) is empowered to adopt a redevelopment plan to regulate development within an area determined to be in need of redevelopment; and

WHEREAS, the Township Council by Resolution dated April 12, 2002, directed the Old Bridge Township Economic Development Corporation to develop for the Township Council's consideration a proposed redevelopment plan for the Old Bridge COI Tract; and

WHEREAS, the Old Bridge Economic Development Corporation held a public meeting on November 12, 2002 seeking input to consider what the private real estate development professional considers the highest and best use for the Old Bridge COI Tract; and

WHEREAS, the Old Bridge Economic Development Corporation recommended that an expansion of the Old Bridge COI Tract would be advantageous for redevelopment purposes if the Old Bridge COI Tract included Block 21000, Lots 3.11 and 6.12; and Block 21005, Lot 2, as shown and designated on the tax maps of the Township of Old Bridge; and

WHEREAS, the Township Council upon the recommendation of the Old Bridge Economic Development Corporation to expand the Old Bridge COI Tract, determined by Resolution dated February 24, 2003 that Block 21000, Lots 3.11 and 6.12; and Block 21005, Lot 2, as shown and designated on the tax maps of the Township of Old Bridge would be advantageous to include in the Old Bridge COI Tract for redevelopment purposes; and

WHEREAS, the Planning Board after considering the report of the Township Planner dated April 1, 2003 holding a public hearing and finding evidence of the criteria set forth in N.J.S.A. 40A:12A-5, recommended by resolution dated April 2, 2003 that Block 21000, Lots 3.11 and 6.12; and Block 21005, Lot 2 as shown and designated on the tax maps of the Township of Old Bridge is an area of redevelopment; and

WHEREAS, the Township Council upon the recommendation of the Planning Board determined by Resolution dated April 28, 2003 that Block 21000, Lots 3.11 and 6.12 and Block 21005, Lot 2, as shown and designated on the tax maps of the Township of Old Bridge is an area in need of redevelopment because it evidenced criteria set forth in N.J.S.A. 40A:12A-5; and

WHEREAS, the Old Bridge COI Tract was expanded to include Block 21000, Lots 3.11 and 6.12 and Block 21005, Lot 2 because it would be advantageous for redevelopment purposes and said areas were declared in need of redevelopment by the Township Council by Resolution dated April 28, 2003, and the Old Bridge COI Tract, together with Block 21000, Lots 3.11 and 6.12 and Block 21005, Lot 2 are jointly referred to as the "Old Bridge Crossroads" tract (the "Area"); and

WHEREAS, the Old Bridge Economic Development Corporation caused a redevelopment plan to be developed by David G. Roberts, AICP/PP, CLA of the firm of Schoor DePalma, Inc. dated April 6, 2004 (the "Redevelopment Plan") for the Area for consideration by the Township Council; and

WHEREAS, the Township Council by resolution dated April 12, 2004 preliminarily reviewed the Redevelopment Plan on file in the office of the Township Clerk and referred it to the Planning Board for its review; and

WHEREAS, the Planning Board reviewed the Redevelopment Plan at its meetings on May 4, 2004 and May 18, 2004 and June 1, 2004 and made recommendations as set forth in the memo of Sebastian Rizzo dated May 18, 2004 which is on file in the office of the Township Clerk; and

WHEREAS, the Old Bridge Planning Board memorialized its recommendations in a resolution dated June 1, 2004 on file in the office of the Township Clerk; and

WHEREAS, the Township Council has reviewed and accepted the recommendations of the Planning Board of the Redevelopment Plan.

NOW, THEREFORE, BE IT ORDAINED by the Township Council for the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Redevelopment Plan along with the memo of Sebastian Rizzo as on file with the Township Clerk is hereby adopted as the redevelopment plan for the Old Bridge Crossroads Tract in the Township of Old Bridge.

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

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

AYES: Councilmen Butler, Gillespie, Maher, Testino, Volkert, President Baker.

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

Prior to the vote the following discussion took place.

President Baker: These ordinance are for introduction only.

Councilman Calogera: This is too big of an issue for there not to be any discussion.

President Baker: I will ask Mr. Convery to go over the introduction rules.

Councilman Calogera: I am well aware of the rules for first reading. The issue is…

President Baker: You have not been recognized, let the attorney tell you what introduction is for first reading only.

Attorney Convery: Our ordinance for the procedure for introduction indicates that ordinances may be introduced and read on first reading by reading the title only, after publication and notice of hearing and upon the opening of hearing, the ordinance shall be given a second reading which may also be by title only and thereafter it may be passed with or without amendments, or rejected. This is consistent with state law. You introduce by title only, so that you can advertise it for the public and the public can come back and comment on the record. At that time the council may also comment on the record. It makes sense to wait until it is published and opened for a hearing, so that the public and the council can fully discuss the merits of the ordinance.

President Baker: I have always, and will always give everyone an opportunity to speak and be heard for as long as possible, but we do need some resemblance of law. First reading calls for no discussion and I would ask for your tolerance and respect.

Councilman Calogera: Is it illegal for the president to entertain discussion?

Attorney Convery: There is a portion of the agenda for council comments…

Councilman Calogera: Could we discuss this, if we wanted to?

Attorney Convery: Yes, under council comments.

Councilman Calogera: Is it illegal to discuss this at this time?

Attorney Convery: This is for introduction only, you can discuss this at council comments. This way you keep the procedure in tact.

Councilman Calogera: So, it is illegal for the chair to decide to discuss this?

Attorney Convery: The term illegal, is too strong. It is not in compliance with your own ordinance and procedures.

Subsequent to the roll call vote the following comments were made.

Councilman Greene: It seems to me that the explanation for first and second reading are the same. Could you explain this?

Attorney Convery: What it specially says is “After publication and notice of hearing and upon the opening of the hearing, the ordinance shall be given a second reading, which may also be by title only. For example; if you have a codification ordinance that is over 100 pages, you could have a second reading read by title only, but there would be discussion and the public would have a right to comment. You would only vote after the public is given an opportunity to comment on the ordinance.

Councilman Greene: The explanations are the same, yet the council cannot comment on first reading.

Attorney Convery: One is for introduction only so that you can advertise it and putting the public on notice. If you have a half hour of debate on introduction, the public does not have the benefit of that, because they don't know what you are debating. If the debate is at second reading, the public is provided a copy of the ordinance.

Councilman Calogera: The public will not have time because of the extent of the project. When will there be workshops for the public?

President Baker: At second reading, you will have all the time you want.

Councilman Calogera: So, there is no public workshops, we are just going to ram it through on second reading?

President Baker: We will allow you to hold the entire council hostage, if that is what you want. I have given you all the courtesies when you have asked to speak, now allow me to run the meeting as our law dictates.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 21-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROHIBITING PARKING OF VEHICLES ALONG BOTH SIDES OF INVERNESS DRIVE FROM ROUTE 9 TO HYANNIS DRIVE

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 prohibits parking of vehicles along both sides of Inverness Drive from Route 9 to Hyannis Drive.

SECTION 2. PARKING PROHIBITED ON BOTH SIDES OF INVERNESS DRIVE

Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule II thereof (incorporated by reference in Code Section 10-3.4) with the following:

Name of Street Sides of Streets Hours Location

Inverness Drive Both Mon-Fri. Between Route 9 and 7AM-4PM Hyannis Drive

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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

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

NAYS: None.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 22-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROHIBITING IMPROPER DISPOSAL OF WASTE

SECTION 1: Purpose

An ordinance to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Old Bridge, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2: Definitions

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

a. Municipal separate storm sewer system (MS4)– a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Old Bridge or other public body, and is designed and used for collecting and conveying stormwater.

b. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

c. Stormwater – water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

SECTION 3: Prohibited Conduct

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Old Bridge is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

SECTION 4: Exceptions to Prohibition

a. Water line flushing and discharges from potable water sources

b. Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters)

c. Air conditioning condensate (excluding contact and non-contact cooling water)

d. Irrigation water (including landscape and lawn watering runoff)

e. Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows

f. Residential car washing water, and residential swimming pool discharges

g. Sidewalk, driveway and street wash water

h. Flows from fire fighting activities

i. Flows from rinsing of the following equipment with clean water:

- Beach maintenance equipment immediately following their use for their intended purposes; and

- Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.

SECTION 5: Enforcement

This ordinance shall be enforced by the Township Of Old Bridge Police Department.

SECTION 6: Penalties

Any person(s) who continues to be in violation of the provisions of this ordinance, after being duly notified, shall be subject to a fine not to exceed one thousand dollars ($1,000.00).

SECTION 7: Severability

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

SECTION 8: Partial Invalidity

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

SECTION 9: Effective Date

A. Except as set forth at Subparagraph 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 return the same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approved 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 Butler, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Greene.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 23-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING REQUIREMENTS FOR THE PROPER DISPOSAL OF PET WASTE

SECTION 1: Purpose

An ordinance to establish requirements for the proper disposal of pet solid waste in the Township of Old Bridge, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

SECTION 2: Definitions

For the purpose of this ordinance, the following terms, phrases, words and their derivations hall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

a. Immediate – shall mean that the pet solid waste is removed at once, without delay.

b. Owner/Keeper – any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

c. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

d. Pet - a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

e. Pet solid waste – waste matter expelled from the bowels of the pet; excrement

f. Proper disposal – placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

SECTION 3: Requirement for Disposal

All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.

SECTION 4: Exemptions

Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

SECTION 5: Enforcement

The provisions of this Article shall be enforced by the Township of Old Bridge Police Department.

SECTION 6: Violations and Penalty

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed one thousand dollars ($1,000.00).

SECTION 7: Severability

SECTION 8: Partial Invalidity

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

SECTION 9: Effective Date

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

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

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

NAYS: None.

ABSTAIN: Councilman Greene.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO 24-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING THE REQUIREMENTS FOR LITTER CONTROL

SECTION 1: Purpose

An ordinance to establish requirements to control littering in the Township of Old Bridge, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2: Definitions

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

a. Litter - any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, saw milling, farming or manufacturing.

b. Litter Receptacle – a container suitable for the depositing of litter.

c. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

SECTION 3: Prohibited acts and regulated activities

1. It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.

2. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this ordinance, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this ordinance.

SECTION 4: Enforcement

This ordinance shall be enforced by the Township of Old Bridge Police Department.

SECTION 5: Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed one thousand dollars ($1,000.00).

SECTION 6: Severability

SECTION 7: Partial Invalidity

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

SECTION 8: Effective Date

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

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

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

NAYS: None.

ABSTAIN: Councilman Greene.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 25-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROHIBITING WILDLIFE FEEDING

SECTION 1: Purpose

An ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Old Bridge, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

SECTION 2: Definitions

a. Feed – to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

b. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

c. Wildlife – all animals that are neither human nor domesticated.

SECTION 3: Prohibited Conduct

a. No person shall feed, in any public park or on any other property owned or operated by the Township of Old Bridge, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

SECTION 4: Enforcement

a. This ordinance shall be enforced by the Township of Old Bridge Police Department.

b. Any person found to be in violation of this ordinance shall be ordered to cease the feeding immediately.

SECTION 5: Violations and Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed one thousand dollars ($1,000.00).

SECTION 6: Severability

SECTION 7: Partial Invalidity

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

SECTION 8: Effective Date

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

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

AYES: Councilmen Butler, Calogera, Gillespie, Maher, Testino, Volkert President Baker.

NAYS: Councilwoman Panos.

ABSTAIN: Councilman Greene.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 26-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING THE PROPER HANDLING OF CONTAINERIZED YARD WASTE

SECTION 1: Purpose

An ordinance to establish requirements for the proper handling of yard waste in the Township of Old Bridge, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2: Definitions

a. Containerized – means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

b. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

c. Street - means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

d. Yard Waste – means leaves and grass clippings.

SECTION 3 : Prohibited Conduct

The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance.

SECTION 4: Enforcement

The provisions of this ordinance shall be enforced by the Township of Old Bridge Police Department.

SECTION 5: Violations and Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed one thousand dollars ($1,000.00).

SECTION 6: Severability

SECTION 7: Partial Invalidity

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

SECTION 8: Effective Date

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

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

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

NAYS: None.

ABSTAIN: Councilman Greene.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 27-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROHIBITING ILLICIT CONNECTIONS TO THE MUNICIPAL STORM SEWER SYSTEM

SECTION 1: Purpose

An ordinance to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of Old Bridge, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2: Definitions

a. Domestic sewage - waste and wastewater from humans or household operations.

b. Illicit connection – any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the [insert name of municipality], unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

c. Industrial waste - non-domestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. §1317(a), (b), or (c)).

d. Municipal separate storm sewer system (MS4)– a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by [insert name of municipality] or other public body, and is designed and used for collecting and conveying stormwater.

e. NJPDES permit – a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.

f. Non-contact cooling water - water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

g. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

h. Process wastewater - any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

i. Stormwater – water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

SECTION 3: Prohibited Conduct

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Old Bridge any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).

SECTION 4: Enforcement

This ordinance shall be enforced by the Township of Old Bridge Police Department.

SECTION 5: Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed one thousand dollars ($1,000.00).

SECTION 6: Severability

SECTION 7: Partial Invalidity

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

SECTION 8: Effective Date

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

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

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

NAYS: None.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 28-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING A YARD WASTE COLLECTION AND DISPOSAL PROGRAM

SECTION 1: Purpose

An ordinance to establish a yard waste collection and disposal program in the Township of Old Bridge, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2: Definitions

b. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

c. Street – means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

d. Yard Waste – means leaves and grass clippings.

SECTION 3: Yard Waste Collection

Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven (7) days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this ordinance. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance.

SECTION 4: Enforcement

The provisions of this ordinance shall be enforced by Township of Old Bridge Police Department.

SECTION 5: Violations and Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed one thousand dollars ($1,000.00).

SECTION 6: Severability

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

SECTION 7: Severability

SECTION 8: Partial Invalidity

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

SECTION 9: Effective Date

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

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

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

NAYS: None.

ORDINANCE FOR FIRST READING

ORDINANCE #29-04

ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY CREATING THE OLD BRIDGE TOWNSHIP REDEVELOPMENT AGENCY

WHEREAS, the Legislature of the State of New Jersey has pursuant to the Local Redevelopment and Housing Law (N.J.S.A.40A:12A-1 et seq.), provided for the creation by the governing body of each municipality a redevelopment agency for the purpose of exercising the powers of a “redevelopment agency” and/or a “redevelopment entity” as described in said Law; and

WHEREAS, there now exists, or may in the future exist, in the Township of Old Bridge, in the County of Middlesex, New Jersey (the “Township”) certain areas which constitute, or may constitute, “areas in need of rehabilitation” and/or “areas in need of redevelopment” as defined in the Law; and

WHEREAS, the Municipal Council of the Township has determined that the rehabilitation and/or redevelopment of such areas may be facilitated through the creation of a redevelopment agency with the powers of a redevelopment entity; and

WHEREAS, the Municipal Council of the Township has considered alternative means of undertaking and financing such purposes, and has determined that the creation of redevelopment agency with the powers of a redevelopment entity is the most efficient and feasible means of providing and financing such purposes, given the needs of and the financial burdens to be placed upon the inhabitants of the Township; and

WHEREAS, the Municipal Council of the Township desires at this time to create a redevelopment agency with the powers of a redevelopment entity pursuant to the provisions of the Local Redevelopment and Housing Law; and

WHEREAS, the Township has heretofore made application to the Local Finance Board, in the Division of Local Government Services of the Department of Community Affairs (the “Local Finance Board”), for its approval as required by Section 4 of the Local Authorities Fiscal Control Law (N.J.S.A.40A:5A-4); and

WHEREAS, by resolution adopted on July 14, 2004, the Local Finance Board has approved the creation of the proposed redevelopment agency pursuant to Section 5 of said Law (N.J.S.A.40A:5A-5):

NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND MUNICIPAL COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, IN THE COUNTY OF MIDDLESEX, NEW JERSEY, as follows:

SECTION 1. Under and pursuant to the provision of the Local Redevelopment and Housing Law, there is hereby created a body corporate and politic and an instrumentality of the Township, to be knows as the “Old Bridge Redevelopment Agency (“the Redevelopment Agency”).

SECTION 2. The Redevelopment Agency shall consist of seven (7) Commissioners, consisting of one (1) Class A Commissioner and six (6) Class B Commissioners. The Class A Commissioner shall be appointed by resolution of the Municipal Council from among the membership of the Municipal Council. The one Class A Commissioner shall serve a term of one year. The Class B Commissioners shall be appointed by the Mayor with the advise and consent of the Municipal Council from among Township residents, only one (1) of which may be officers or employees of the Township and will serve initial terms as follows; (i) The term of the office of the initial Class A Commissioner shall begin on the date such Commissioner is appointed and qualified, (ii) the term of office of any Class A Commissioner shall terminate if such Commissioner is no longer a member of the Municipal Council, (iii) their terms of office of the initial Class Be Commissioners shall begin on the date(s) such Commissioners are appointed, confirmed and qualified, and (iv) the term of office of any Class B Commissioner shall terminate if more that one such Commissioner shall thereafter become an officer or employee of the Township. Each Commissioner shall hold office for the term of his appointment according to Statute N.J.S.A. 40A:12A-11, and until his successor shall have been appointed and qualified. Any vacancy occurring in the office of Commissioner, from any cause, shall be filled in the same manner as the original appointment, but for the unexpired term.

SECTION 3. If the form of government of the Township shall hereafter be changed from the “Mayor-Council Plan, under N.J.S.A. 40:69A-31 et seq. to a new form of government, appointments of the Class B Commissioners shall thereafter be made in the manner generally required for appointments by such new form of government. In addition, for so long as the Township is governed by the “Mayor-Council Plan” under N.J.S.A. 40:69A-31 et seq., the Mayor shall be an ex-officio, nonvoting member of the Redevelopment Agency.

SECTION 4. Pursuant to N.J.S.A.40A:12A-4(C), the Township hereby designates the Redevelopment Agency as the “redevelopment entity” responsible for implementing redevelopment plans and carrying out redevelopment projects pursuant to the Local Redevelopment and Housing Law.

SECTION 5. A copy of this ordinance, certified by the Municipal Clerk, shall be filed in the office of the Secretary of State and in the office of the Division of Local Government Services in the Department of Community Affairs. After such filing in the office of the Secretary of State, a copy of this ordinance shall be published at least once in a newspaper published or circulating in the Township, together with a notice stating the fact and date of the adoption hereof and the date of the first publication of this notice.

SECTION 6. This ordinance shall take effect upon publication as provided by law.

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

AYES: Councilman Butler, Gillespie, Maher, Testino, Volkert, President Baker.

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

CONSENT AGENDA

President Baker: I would like to point out that C-25 (Award of Professional Services Contract for CAPER to Linda Wills in the amount $3,900.00.) has been removed

President Baker opened the public portion on the Consent Agenda

Mr. Valentino, Resolution #455-04 – Re: Smoking: Urges support this resolution. Urges supporting statewide smoke-free air legislation.

Attorney Convery: This is a resolution to continue home rule on smoking regulations. By adopting this resolution the council is saying that they should have the right to enact & enforce local controls on tobacco use.

Ron Richard, Resolution #464-04, Re: Township take over of Lowell Manor Detention Basin: Urges support of this resolution.

Mr. Dave Merwin: Resolution #444-04,Salt Water Day: Urges support and invites the public to Salt Water Day.

Mr. Lawrence Redmond: Resolution #446-04, Change Order for Marlboro Road: Inquires as to what portion of Marlboro Road this is for.

Mr. Vincenti: This is for the section of Marlboro Road between Route 18 south and Texas Road.

Mr. Redmond: Will the other end of Marlboro Road be reconstructed?

Mr. Vincenti: I understand the county will be doing that.

BINGO/RAFFLE

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

RESOLUTION #441-04

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

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

RA69-04 Bayshore Community Hospital
RA70-04 St. Thomas Home School
RA71-04 St. Thomas Home School
RA72-04 St. Thomas Home School
RA73-04 St. Thomas Home School

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

BLOCK PARTY – ELAINE COURT

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

RESOLUTION #442-04

WHEREAS, the residents of have requested permission to close Elaine Court at the intersection of Marlin Road for the purpose of a block party to be held on September 28, 2004 (rain date September 29, 2004).

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

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

It is a requirement of this approval that Elaine Court be completely closed to vehicular traffic from the intersection of Marlin Road. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

BLOCK PARTY – GRAMERCY ROAD

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

RESOLUTION #443-04

WHEREAS, the residents of have requested permission to close Gramercy Road at the intersection of Worth & Haven Roads for the purpose of a block party to be held on August 28, 2004 (rain date August 29, 2004).

It is a requirement of this approval that Gramercy Road be completely closed to vehicular traffic from the intersection of Worth & Haven Roads. This closing must apply also to the residents' vehicles as well as other vehicles. You will be responsible for making provision to have the roadway blocked, making sure that there is access for residents to enter and depart as they desire. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

The party must end and the streets reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

GRANTING PERMISSION TO THE LAURENCE HARBOR FIRST AID SQUAD TO HOLD A SALT WATER DAY CELEBRATION

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

RESOLUTION #444-04

WHEREAS, a request has been made by the Laurence Harbor First Aid Squad to hold a Salt Water Day celebration which will include a fireworks display; and

WHEREAS, the Laurence Harbor First Aid wishes to hold its celebration on Saturday, August 14, 2004 from 2:00 p.m. to dusk, and it is also seeking approval to have a fireworks display.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to the Laurence Harbor First Aid Squad to holds its Salt Water Day celebration on Saturday, August 14, 2004, including approval for a fireworks display, which is contingent upon the Township's receipt of insurance by the Laurence Harbor First Aid.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESCINDING RESOLUTION #392-04 RELEASING PERFORMANCE GUARANTEE FOR FOREST GARDENS – ROUTE 34

BE IT RESOLVED by the Township Council of the Township of Old B