RESOLUTION NO. 472

BILL LIST

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

WHEREAS, the Business Administrator has the responsibility of approving all 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 16, 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 August 16, 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 $790,354.63 (Payroll).

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

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

NAYS: None.

ABSENT: Councilman Butler.

RESOLUTION NO. 473

BILL LIST

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

WHEREAS, the Business Administrator has the responsibility of approving all 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 16, 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 August 16, 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 $36,841.53 (Overtime).

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

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

NAYS: Councilmen Calogera, Maher.

ABSENT: Councilman Butler.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK

The following represents the collections made during the month of July 2004:

DOGS
2713-2759 364.50
replacement 2718

CATS
239-259
159.00

LICENSES
Limousine
#422 DVG Limo 50.00
#421 Hauser 50.00

Taxi Cab
Ed’s Intown Cars 25.00

Ice Cream
418-420 Mr. Chill (3) 75.00
421-422 Gorman (2) 50.00

Hot Dog
#423 Konya 50.00

USED CAR
Oasis Subaru 350.00
650.00

BINGO/RAFFLE
RL 70-04 St Thomas Church 30.00
RL 71-04 St Thomas Church 10.00
RL 72-04 St Thomas Church 30.00
RL 73-04 St Thomas Church 10.00
BL 74-04 St Thomas Church 520.00
RL 75-04 St Thomas Church n/c
BL 76-04 St Thomas Church 510.00
RL 77-04 St Thomas Church n/c
BL 78-04 St Thomas Church 510.00
RL 79-04 St Thomas Church n/c
BL 80-04 St Thomas Church 500.00
RL 81-04 St Thomas Church n/c
BL 82-04 St Thomas Church 510.00
RL 83-04 St Thomas Church n/c
2,630.00

LIQUOR LICENSE RENEWALS
1209-44-NEW John Bone 1,986.53
1986.53

PARKING PERMITS
#1879-1920 ( Permits) 775.00
#1882,1883,1885,1887,1890,1895,1901
1904,1909,1919 replacements 50.00
1891 voided

Temporary Permits
423-432 45.00
870.00

MISCELLANEOUS
Photocopies 61.88
Late fee – DOG 45.00
Late fee – CAT 55.00
Reimb for Polling Place ADA Ramps 855.00
1,016.88
TOTAL $7,676.91

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

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

NAYS: None.

ABSENT: Councilman Butler.

Preliminary public comments

Mr. Wynn: The National Society of Inventors proposes to build a structure on Laurence Parkway at an estimated cost of $1 billion which would equate to 30% reduction in taxes.

Mr. Samuelson: (Ticetown Road) Addressed the council with respect to traffic safety on Ticetown Road. He mentioned that flooding is also a problem; expressed the need for reengineering of Ticetown Road; thanked Councilman Calogera for meeting with him and his family.

Ms. Seiler: Elaborated to the council on citizens' rights to information, and expressed her exasperation at having been banned from volunteering at the Old Bridge public access television station. In this regard, she circulated a petition to reverse the decision banning her from access to the equipment and the facility.

Mr. Rao: Addressed the council about his dismay at rising taxes.

Ms. Boruch: Addressed the council with respect to flooding at her home on Miller Avenue due to the backup of water from the creek on Cook Avenue.

Hearing

1. Matchaponix Hills - release/reduction performance guarantee. Postponed.

2. Presidential Estates - release/reduction performance guarantee. Postponed.

3. Cheesequake Commons - release/reduction performance guarantee. Tabled.

Mr. Sumal: The last time you had a bond hearing there were conditions.

Phil Jordan (Yonkers Contracting representing Cheesequake Commons). Our position has not changed from the last meeting. We provided a bond for the roads, curbs and drainage, etc. We did not develop the housing project. We provided a site and a quality product with proper grades which have been modified by a subsequent developer who was issued building permits. I do not see why we should be held hostage to those changes.

President Baker: We had residents complain about issues; have they been resolved?

Mr. Sumal: There are issues connected with 105, 103 and 108 in which problems still exist of a minor nature. No. 108 complains because we do not maintain a detention basin. It is soggy and wet because of the sump pump.

Mr. Jordan: We are responsible for the detention basin. We did not approve the discharge of water on to the top of the slope of the detention basin, and we do not feel that we should be obligated to correct that issue. It should have been corrected at the time the permits were issued to the contractor.

President Baker opened a public portion

Ms. Smiles (2 Emma Court): I live behind the Cheesequake Commons. I had an expenditure for a flooding situation. My correspondence was never recognized.

President Baker: Please be confident that your concerns will be addressed.

Mr. Falcone (107 Autumn Road): I have a water problem along the fence area in the back of the shopping center. There is a large dead tree which needs to be removed. There is also an issue of standing water.

Mr. Papa (110 Autumn Road): The detention basin issues have not been resolved. The standing water may cause health problems.

Ms. Silvestro (108 Autumn Road): Water in detention basin rises to about five feet. This is dangerous and unhealthy.

Councilman Gillespie: During the course of the week we received the approving resolutions for Cheesequake Commons and for the adjacent property. It seems clear to me from looking at both resolutions that there was a contemplation on the part of the planning board that this would be a shared responsibility. My question for the adjacent property owner who is generating the run off that is causing the problem, how much is left in their bond?

Mr. Sumal: There are two separate bonds - one for residential ($457,298.52) and one for commercial ($791,134.60).

Councilman Gillespie: It seems to me that we have a shared responsibility. Rather than assigning the blame between two adjacent property owners, we should allocate the cost equally. It seems clear to me that from reading the approving resolutions the two parties would both share in the responsibility for what was generated into, and for maintaining the detention basin. Unless we can try to figure some way to create a solution that allocates responsibility fairly among the property owners, I am not sure that I will be supporting a reduction or release.

Councilman Greene: I did not get to speak on this item at the last council meeting because this item was tabled. When the residents' problems were brought up you said that you would try to work it out. This is after years of complaints. Apparently, from what Mr. Sumal has said, he was just about able to get in touch with you tonight. Unless you can come to us and say that this is what you have done to try to rectify the problems of the residents in this area, I am voting "no". You cannot say to me that we will work it out or maybe at some point we can accommodate . . . I want to see a response to these residents.

Mr. Jordan: I believe there is confusion - we did not develop the housing units. That was done by a local contractor. I did pave the road; installed curbs and a sanitary line; installed storm drains. I then sold the property. Another developer bought the property. He changed grades; he was issued a dozen building permits. He made changes and alterations of which I had no control. My plans were filed with the building department. How can I control situations which I did not create?

Councilman Greene: Was that work covered by your bond?

Motion

to table made by Councilman Greene, seconded by Councilwoman Panos and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 19-04

AN ORDINANCE AUTHORIZING LONG TERM TAX EXEMPTION AGREEMENT

WHEREAS, Pennrose Properties, LLC (the “Sponsor”) proposes to construct a housing development (the “Project”) within the Township of Old Bridge (the “Municipality”) on a site described as Lot 27.12, Block 17000 as shown on the official assessment map of the Township of Old Bridge, Middlesex County and commonly known as Old Bridge, New Jersey; and

WHEREAS, the Project will qualify for a tax abatement under the Long Term Tax Exemption Law; and

WHEREAS, the Sponsor has presented to the Municipal Council a revenue projection for the Project which sets forth the anticipated revenue to be received by the Sponsor from the operation of the Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof.

NOW, THEREFORE, be it ordained that the Council of the Township of Old Bridge that:

1. The Council authorizes the execution of an agreement substantially in the form of Exhibit “B” on file with the Township Clerk authorizing an in lieu tax payment of 6.28% of the gross shelter rent of the Project; and

2. The Council hereby authorizes and directs the Mayor of the Municipality to execute, on behalf of the Municipality, the agreement on file in the office of the Township Clerk.

3. The Council understands and agrees that the revenue projections set forth in Exhibit “A” are estimates and the actual payments in lieu of taxes to be paid by the Sponsor to the Municipality shall be determined pursuant to the agreement; and

4. The Council understands that the Sponsor will form a limited partnership or a limited liability company in which the Sponsor will be the general partner or managing member, respectively, and that the Municipality may enter into the payment in lieu of taxes agreement with such limited partnership or limited liability company.

The Municipal Clerk is hereby authorized to forward a certified true copy of this Ordinance to Pennrose Properties, Inc., One Liberty Place, Suite 3810, Philadelphia, Pennsylvania, 19103. The Municipal Clerk is hereby authorized to forward a certified true copy of this Ordinance, and the Financial Agreement implementing it, to both the Municipal Tax Assessor and the Director of the Division of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilman Butler.

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

Attorney Convery: When you approved the entire package of materials for Pennrose Properties, this was in the package as an ordinance. You also approved other resolutions; however, the state law changed with respect to long-term tax exempt agreements requiring an ordinance. I assure you that this read the same and provides the same relief as you have already provided for in a resolution, but this is required by the state to be in ordinance form.

Councilman Calogera: This applies to the age restricted housing on Ferry Road.

Attorney Convery: This applies to the special needs building.

Councilwoman Panos: Projects such as this is something that I look forward to working on.

Ordinance for Second 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

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

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

NAYS: None.

ABSENT: Councilman Butler.

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

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 storm water 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 storm water.

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

c. Storm water – 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 storm water 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 storm water 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

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

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

NAYS: None.

ABSENT: Councilman Butler.

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

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

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

C. 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.

D. 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 Gillespie, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

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

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

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 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

E. 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.

F. 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 Greene, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

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

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

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. 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

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 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

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

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

NAYS: None.

ABSENT: Councilman Butler.

Prior the roll call vote President Baker opened a public portion.

Mr. Gerario: Bird feeders should be an exception.

President Baker: This does not include bird feeders.

Councilwoman Panos: We have bird feeders in the municipal complex. Do we have to take them down? Can we feed the ducks any longer?

President Baker: Yes and no. This is not Old Bridge; it is the State.

Councilwoman Panos: I don't believe that this causes that much harm. I cannot vote for this.

Councilman Calogera: The residents of Whispering Pines have a problem with the geese. By feeding the geese, we have created the same problem. For that area,
this is a good concept, but I believe common sense will dictate this. I will not stop feeding birds.

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

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. 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 storm water.

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

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 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

G. 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.

H. 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 Gillespie, seconded by President Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

Prior to the roll call vote President Baker opened a public portion. Seeing no hand President Baker closed the public portion.

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

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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

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 storm water) 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 Storm water 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 storm water.

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, leach ate and cooling water other than non-contact cooling water.

i. Storm water – 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 storm water).

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

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 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

1. 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.

2. 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.

3. 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 Calogera, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

Prior to the roll call vote President Baker opened a public portion.

Mrs. York: Can residents let their pool water run into the storm sewer?

Mr. Vincenti: This ordinance is geared towards industrial usage.

Councilwoman Panos: Does this include a sump pump connection to the storm sewer?

Mr. Vincenti: Sump pumps are permitted to tie into the storm drains, but not into a sanitary sewer.

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

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. 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 storm water.

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

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

I. 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.

J. 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 Gillespie, seconded by President Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Butler.

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

TABLED

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 to table by President Baker, seconded by Councilman Volkert and so ordered on the following roll call vote:

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

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

ABSENT: Councilman Butler.

Prior to the roll call vote Mayor Phillips addressed the council and members of the public who were in attendance.

Mayor Phillips: Seven months ago we started a new administration in this very room, and I asked Councilman Gillespie to focus on this area that has been designated a redevelopment area. The timeline was one hundred days. Here we find ourselves in August, and I find myself saying "thank you" to Councilman Gillespie, the current chairman of the Economic Development Corporation, and to all the past and present members of the EDC for everything you have done so far. I thank Larry Redmond, chairman of the planning board, George Koehler, former chairman of the planning board and Russ Azzarello, John Vincenti and all the professionals who have worked so hard to bring us to where we are today.

For those of you who do not know, once upon a time there was a brave Canadian developing company know as Olympia and York. During the late 80's O&Y amassed 2500 acres of land in South Old Bridge with the dream of building over 10,000 homes and creating retail property. The '90's were an economic disaster for O&Y due to bad foreign investments and new state laws regarding wetlands. According to New Jersey wetlands laws, the O&Y property was described as Swiss cheese, wherein you could only build on the holes. By 1997 O&Y's loss became our gain. O&Y sold this land to the township and the county for about $5,800 per acre, with 500 acres being purchased by the township for the express purpose of economic development, a transaction which I was involved in, and I remember fondly the memory of Pete Mannino and Tom English, who were councilmen at the time, and were insistent that some of the land be kept for economic development.

Today 2000 acres of the O&Y property have been preserved forever by the Township of Old Bridge and the county for recreation and open space. Tonight we will hear about the plan for the remaining 500 acres which are owned by the township, and therefore, by you, the residents of Old Bridge. Because this plan has been years in the making by the bi-partisan board of the EDC, the plan offers the people of Old Bridge what I consider to be the highest and best use of the land with the highest return on the investment and the highest amount of yearly tax revenue. We believe the Crossroads plan as proposed tonight will produce $40 million in direct property tax relief. When constructed, an additional $5 million in additional property tax relief.

The average home in Old Bridge is assessed at $147,000 which means that if it were constructed today, there would be a savings in your tax bill of about $200. If there were a $200,000 assessment, the savings would be $300. If $300,000, the savings would be over $450 savings in your taxes. This is in addition to the $40 million we believe the land would fetch at market. I would like to be clear about how Crossroads is different from what has been previously proposed.

Past proposals call for a hotel and convention center. Crossroads calls for the same. Past proposals call for commercial and retail, and Crossroads calls for the same. Single family homes have never been part of any proposal even now at Crossroads or before. What is new is the component of 55 or over active adult. This is the new component to the Crossroads plan. Some of you are looking at comparisons of what this is. Look no further than Rossmoor or Concordia or even Cheesequake Village. As far as tax relief is concern, the new plan has twice the amount of tax relief as anything ever considered.

Crossroads plan is a departure from the thinking of the '80's. All who take the time to study Crossroads will realize that senior housing for age 55 active adult is a beneficial, economic use of the land. Our bi-partisan EDC says so, and most of the bi- partisan planning board says so. Every professional either in town or those who have been hired to study this plan says the same. Not only does this Crossroads double the economic benefits of any other, but experts also agree that the Crossroads will result in less traffic than any plan previously considered. The issue is simple. It is about property tax relief and how best to achieve it. I believe the Crossroads plan will provide the property tax relief that we need. As mayor one of the things that I did not contemplate when I ran was that when residents receive their property tax bill, they would call my office. I am sympathetic. My property taxes are going up; so is everyone's in town even though we are committed to hold the line on municipal taxes, the property taxes are still going up because of other related costs.

We may never agree on every detail of this plan, but I hope that you will all agree that the property tax should prevail in this situation. I express my heartfelt thanks to all those who have brought us here tonight and express my appreciation to all of you who came here tonight. I must be honest; I did not know what the outcome would be. I listen to people on the street; I listen to people who call me. I cannot tell you enough how much I appreciate your coming here tonight to tell me what you think about this plan.

In preparation for that, we have here our Director of Community Development, John Vincenti, who has been very active in the EDC. I thank him for everything he has contributed.

Mr. Vincenti: I have posted several copies of the conceptual layout plan. The redevelopment being contemplated tonight is actually in addition to the concept plan which serves as the underlying zoning of the property. This is a thirty-seven page document prepared by David Roberts from the engineering firm of Schoor DePalma Inc. Last year the Old Bridge Township Economic Development Corporation retained Mr. Roberts to assist the EDC in drafting the redevelopment plan. For about over a year there have been a number of generations and reiterations of the document which will serve as the underlying zoning of the property.

The first step of the actual plan as a vote by the EDC whereby they unanimously approved the plan and forwarded it for the council's consideration. The council then referred it to the planning board. There was a public hearing, although one was really not necessary. There was public comment allowed by the planning board chairman, and discussion ensured on that. The end result was that the planning board did approve the plan, and it was referred back to the council which leaves us where we are tonight.

The location of the property has frontage on a number of major roadways, i.e., Rt's. 9 and 18 and has frontage on Texas Road and bisects in the north and south Marlboro Road. There are approximately 500 acres which the Township of Old Bridge owns and that the Township of Old Bridge intends to sell for a profit. Last year the Township Council amended the redevelopment area to include two other parcels. The first of which was a rectangular tract of land owned by the OBMUA. We worked in concert swapping land with the utilities authority. We were able to advance the cause of the MUA in trying to get water to that end of town as well as help the redevelopment plan take focus.

The second property added last year by the Township Council was the property currently utilized by the Legends driving range. The consensus of everyone was that in order to encourage a viable commercial element, we needed frontage that worked for the overall tract. Once we started looking at this property in detail, the property was dominated by wetlands and highway frontage, there was no way to access the property. We looked to the north at Legends which has viable access frontage, and this will serve as the gateway into the overall development and allow us to pursue a mixed use development.

The plan has three zoning districts within the redevelopment plan. The first is a planned retirement residential community. That will be the central core. Associated with that we envision a neighborhood commercial element. The second element is what is referred to in the plan as an office district. That is where we anticipate a hotel/conference center taking place. The third are a number of different isolated areas located around the tract perimeter and also an area which would service transitional use between the office district and the retirement community. Because of various aspects associated with the surrounding properties because of access issues, road frontage, wetlands and other development restrictions, it was thought that we would seek different proposals from the developers and see what the development community would have to propose on those various areas. That is called a "flex" district. That is not a true flex office/warehouse use. The intended us is to allow the developer the flexibility in drafting a plan that he feels is appropriate both from his standpoint and the town's standpoint.

There were a number of presentations by Dave Roberts. If the council has questions, I will attempt to answer them. Also circulated is a community impact statement which was prepared by my office. We evaluated three different potential development options The first two are a variation of the type of development that is permitted and contemplated in the redevelopment. The third is a 100% commercial development proposal which applies a concept that is consistent with the COI designation. The three development alternatives are described on pages 3, 4 and 5. The Crossroads redevelopment scheme No. 1 has the planned retirement community element; it has up to 750 age-restricted homes (single family detached, townhouses and multi-family homes and a flexible commercial development area) and the office/conference center which envisions 283,000 square feet of commercial space. We assume that some of the flexible areas will be included in the retirement community so that the 810 residential areas remains the same as the 26,000 square feet. The commercial element of the flexible area was reduced to 87,000 square feet and the office/conference center remains the same at 283,000 square feet.

The third is the COI which is 761,000 square feet of various commercial. There is an office, traditional flex warehouse, hotel/conference center and commercial retail. The second is the portion of the property that is now owned by the town which is consistent with the office/conference, the 283,000 square feet.

In summary, we looked at potential ratables based on those redevelopment plans and then made a comparison to the traffic at the entire site. The ratable value was consistent for the first two options. Plan I was $189 million. Plan II was $190 million. Plan II with the commercial ratables was $85 million which is less than half. Plans I and II equate to a municipal surplus of $5 million. Plan III is less than $1.4 million.

We also compared the traffic. The two development scenarios with the mixed use development when compared to the 100% commercial development - the traffic would be 10% to 25% less. What this indicates to me from the standpoint of community impact speaks for itself. The plan that was crafted by Dave Roberts and the EDC is far superior to the 100% COI.

Mayor Phillips: I would like Mr. Shah to speak to the financial impact of the proposals.

Mr. Shah: Based on the report prepared by the township engineer, we did an analysis of the potential savings to the community based on our current budgetary status of the township as well as the schools. As the mayor alluded to in his statement, based on the assessed valuation of $147,000, Plan I has a savings of $227; Plan II has a savings of $228; and Plan III has a savings of $111, which is about half of Plan I and II. If your home is assessed at $200,000, your savings would be $311 in Plan I; $312 in Plan II; and $152 in Plan III. If your home is assessed at $300,000 (and that is as far as we have gone in our analysis), your savings would be $467 (Plan I), $468 (Plan II) and $228 (Plan III).

Mayor Phillips: I wanted to give the residents a bit of historical, planning and financial implications of the plan. I thank you for your indulgence.

President Baker: This is a plan of the administration, and I decided it would be of some value for them to give you an overview in the hope of answering some questions before you had an opportunity to speak. This is a serious issue about the future, taxes and about Old Bridge.

Councilman Greene: I would like to know what participation the council members will have this evening. You have heard from the mayor, and I think that the council members should be told exactly when they will be permitted to speak.

President Baker: I agree with you totally, Mr. Greene. What we are going to do now is to go back to the regular format and have speakers say as much as they want. We will then close the public comment, and then we will have the public comments.

Councilwoman Panos: Has the public had a chance to see the reports that these two gentlemen just spoke about? We received these reports tonight.

President Baker: It is now the public's turn to speak. Does anyone have a comment on Crossroads. We will be using the alphabet beginning with the letter "o".

Mr. Baloo Patel: Addressed the council on the need for tax relief for seniors that the Crossroads project would provide.

Mr. Quackenbush (346 Pleasant Valley Road): I would rather see you do nothing, but that is unrealistic. I request on behalf of the neighbors who will be most affected is that you address the infrastructure. Pleasant Valley, Greystone and Texas Roads have no sanitary sewers. There is no gas service; the residents use propane. I am hoping that these items can be addressed so that the residents will reap a benefit from the new development. My solution to the traffic problem would be to make Pleasant Valley Road and West Greystone Road cul de sacs.

Mr. Rao: Petitioned the council not to rush to judgment on this issue.

Mr. Ringle (60 Woodshore West): His opinion is that Crossroads would be great as a ratable by holding property taxes down because the state is not going to cut our school taxes. Crossroads will not add [children] to our school system.

Mr. Redmond: I sit on the EDC and the planning board, and this development is in my back