Old Bridge Township, New Jersey - October 25, 2004 Minutes

A regular meeting of the Township Council of the Township of Old Bridge was held on October 25, 2004 in the Municipal Complex. The meeting was called to order by Councilman Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be November 8, 2004 at 7:30 p.m.

Roll call at 8:06 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Calogera, Maher, Testino, Volkert, Councilwoman Panos. Councilmen Gillespie & Greene arrived late, President Baker was absent.

Councilman Butler asked for a moment of silence to honor the men and women in the armed forces serving in the War on Terror.

Councilman Calogera presented the following Certificate of Appreciation to the members of Cub Scout Pack #129

WHEREAS, Members of Eagle Patrol Pack 129 participated in a beautification program in the Township of Old Bridge; and

WHEREAS, a mediation garden with a bench was added to the September 11th Memorial site at the Municipal Complex; and

WHEREAS, the beautification program could not have been achieved without the generous support of the local business community.

NOW, THEREFORE, BE IT RESOLVED that I, G. Kevin Calogera, Councilman do extend my most sincere appreciation on behalf of the Township of Old Bridge.

Certificate of Appreciation – Volunteers for the Old Bridge Fair

Mayor Phillip presented to:

Sharon Colucci, Debbie Sinowell, Jeff Glenn, Baloo Patel, Joann Carega, Joe Criscuolo, Lisa Cooney, Janice Peterson & Staff, Marsha Rosenbaum, Linda Gayle, Vicky DeMarco, Terry Iannacchino, Chris Doyle, Parks Department Staff, Public Works Staff, Old Bridge Police

For your exceptional commitment to the community of Old Bridge. Thank you for all the time and effort you put into the Old Bridge Fair on October 2, 2004. The day was an outstanding success in every way.

Mayor Phillips presented to:

Worldwide Gymnastics & Gallant Construction Co.

In recognition of your commitment to the children of the Township of Old Bridge. You are commended for your dedication, service and generous donation to the Township for the Old Bridge Day Festival 2004. Your unselfish devotion and civic dedication adds to the strength of the community.

Proclamation for Breast Cancer Awareness Month

Mayor Phillips presented to Linda Seiler:

PROCLAMATION

Whereas: Breast Cancer is a devastating illness affecting 1 in 7 of our mothers, sisters, wives, daughters, friends and loved ones, and is the most common form of cancer found among women; and

Whereas: The people of the Township of Old Bridge Township therefore recognize the extreme importance of outreach, early detection, diagnosis and treatment as a means of saving lives, and also heartily support medical research efforts to find a cure for breast cancer; and

Whereas: During Breast Cancer Awareness Month, the American Cancer Society and various Old Bridge Township Healthcare Delivery Organizations campaign to increase public awareness regarding the importance of early detection of breast cancer,

NOW, THEREFORE, I, James T. Phillips

Mayor of the Township of Old Bridge, by virtue of the power and authority vested in me by the laws of the Township of Old Bridge and the State of New Jersey, do hereby proclaim October, 2004 as

BREAST CANCER AWARENESS MONTH

New Business – The Chuck Costello Independent Living Complex

Mayor Phillips: I would like to share with the council that I received a letter from Commissioner Susan Bass Levin, granting low income housing tax credits in the amount of $801,296.00 for the project known as “The Chuck Costello Independent Living Complex” sponsored by Pennrose Properties, this project has also been awarded $1,500,000.00 in home express funds. I am told that this letter of this commitment and financing are virtually assured.

Councilman Butler: I would like to thank the members of the Housing and Redevelopment Agency and the Mayor. These people worked very hard to do the very best for the residents of Old Bridge.

APPROVAL OF MINUTES

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

RESOLUTION #575-04

WHEREAS, the following minutes are hereby approved;

August 16, 2004 – Combined

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

AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSTAIN: Councilman Calogera.

ABSENT: President Baker.

BILL LIST

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

RESOLUTION #576-04

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 October 25, 2004that 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 October 25, 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 $4,878,010.39 (General Fund)

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

Bill List

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

RESOLUTION #577-04

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 October 25, 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.

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

Bill List

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

RESOLUTION #578-04

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 October 25, 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.

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

AYES: Councilmen Butler, Calogera, Greene, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: Councilman Maher.

ABSENT: President Baker.

Prior to the vote the following discussion took place.

Councilman Calogera: Is any of this overtime because of the bomb scares at the schools?

Chief Collow: Yes, and it is also for the serious tanker accident that happened on Route 9 in Sayreville.

Report of the Clerk

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

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

DOGS
2787-2822 309.00

CATS
261-262 17.00

LICENSES
Vending
Brown - $10.00 each
#'s 47-52 - Lincoln Services 60.00

Green - $5.00 Each
#'s 32-35 – Lincoln Services 20.00

Kennel
Petco 10.00

90.00

BINGO/RAFFLE
RL 90-04 Miller School 10.00
RL 91-04 McDivitt 10.00
RL 88-04 Laurence Harbor First Aid 30.00
50.00

LIQUOR LICENSE
1209-31 NEW – American Legion 180.00
1209-33-018-006 Crossing at Old Bridge
Person & Place Transfer 454.06
1209-33-008-002 Vitales – Person to Person 227.03

861.09

PARKING PERMITS
#001-1121 27,875.00
#166, 262, 267, 487, 509, 608 voided n/c

Temporary Permits
448-453 60.00

27,935.00

MAP
1 Street 5.00 5.00

MISCELLANEOUS
Photocopies 152.24
Late fee – DOG 45.00
Late fee – CAT 5.00
Sale of Township Land 20,200.00
20,402.24

TOTAL $49,669.33

MOTION

to approve the report of the clerk by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

Preliminary Public Comments

James Galante: In Cliffwood Beach there has been a rash of car break-ins and vandalism in the past two months. Will the township take any action on this? Also, Boulevard West is filthy and covered with mud, can we get this cleaned?

Vice-president Gillespie: I will ask the administration to take these comments down and get a report on this. A report will be given next week.

Mr. Rao: Urges residents to vote for Senator Kerry for President.

Ms. Linda Seiler: The minutes for August 16, 2004 are just being approved tonight, that is 70 days later and that is unacceptable. Has there been an answer on the question of the public being allowed to attend the budget hearings?

Attorney Convery: There is no set time frame in the Act, there is just one case that we have spoke about previously. Your opinion is that the time frame for the minutes is a violation of the Open Public Meetings Act and I disagree. This township has verbatim minutes and the minutes that you are referring to was an extremely long meeting, I do not think that it is unreasonable that this would take quite a bit of time to produce verbatim minutes. On your second point about the budget workshops, the Attorney General's office has stated that a subcommittee not composed of an effective majority of the membership of the full board; or a purely advisory body with no authority to affect personal rights or expend taxpayer money are not subject to the requirements of the Open Public Meetings Act. I believe that these budget workshops do not constitute an open public meeting.

Ms. Anita Greenberg: It is my understanding Councilman Gillespie waited until I left the last council meeting to talk about me. I am a volunteer on the planning board and for a short time on the EDC, if there is any question about my voting record, I will make it clear now. I do not support redevelopment of Crossroads, I do not support creating a redevelopment agency that circumvents the public. I was disappointed that the Mayor chose the newspaper forum to make the comment about volunteer Charles Mannino. I am outraged about the claims of Mr. Volkert and his support of open space in his ad in the Suburban.

Vice-president Gillespie: I will wait until Council Comments to respond to Ms. Greenberg.

HEARING

Release/Reduction Performance Guarantee Highview Estates, Inc. Sections I, II, & III.

Mr. Vincenti: This was originally before the Council on September 13, 2004 at which time it was carried until tonight. Highview Estates is approximately 100 homes and it located between Route 34 and Amboy Road. We presently have four different bonds, three for the individual sections and one for the detention basin only. Over a period of time there have been a number of reductions granted. We are currently holding in excess of one million dollars. We are recommending a release, subject to the posting of a two year maintenance bond in the amount of $461,440.20. There are two items that would be conditions on the release, they are 1.) 9 Stratton Drive – the developer has agreed to install additional under drains. 2.) In an easement area on Hunter Drive there is a large tree to be removed. The developer advised me that they would do both these items this week. All items that were on a previous list with the exception of these two items have been resolved to our satisfaction.

Vice-president Gillespie opened the public portion. Seeing no hands Vice-president Gillespie closed the public portion.

Attorney Pape, Applicant's Attorney: The recommendation is satisfactory to us.

Councilman Calogera: There is a drainage problem that has not been fixed yet. Why shouldn't we wait until this is resolved?

Mr. Pape: The process established by Mr. Vincenti was for us to collect all the complaints in writing; which we did. One week ago an additional item was brought to our attention (9 Stratton Road) and we went out and examined it and it was dry. We were asked last week if we would add to the list and we did. We give you assurances that before you memorialize this action, these items will be taken care of.

Councilman Calogera: Will the maintenance bond cover these issues?

Mr. Pape: Yes.

Councilman Butler: Why hasn't the tree been removed already?

Mr. Vincenti: This is a large tree in the drainage area and the developer has agreed to remove it.

Councilman Butler: I would like to table this until these two items are taken care of.

Mr. Pape: I can assure you that these two items will be taken care of before any vouchers are done. We have been working on this release for eight months and I would respectfully request that you not table this.

Councilman Butler: We have had problems in the past with developers not doing the work that was promised and I would rather wait until these items are taken care of before releasing this bond.

Attorney Convery: This has already been open to the public and there was no one who wished to be heard.

Vice-president Gillespie: Now that there is a motion to table this, I will again open this to the public.

Vice-president Gillespie opened the public portion.

Mr. Mackus, 9 Vale Drive: I would agree that this be tabled until all matters are resolved.

Following Public Portion Vice-president Gillespie closed the public portion.

Mr. Pape: The tree fell into the conservation easement, this was not a tree that we planted and not part of the bond obligation, this was brought to our attention and we said that we will take care of it. The minor drainage problem is a wet spot in a backyard where the resident put an in-ground swimming pool and made substantial improvements to their property. It was not on the bond requirements to install underground drainage but Mr. Vincenti thinks this will alleviate the problem and Mr. Eckstein has agreed to do this. This problem was only identified a week ago, all the other problems are 100% complete. I would request that the council not table this.

Attorney Convery: I would just like to note that the public hearing has been concluded.

MOTION

to table the release of the Performance Bond without public hearing or public notice by Mr. Butler, seconded by Mr. Calogera and so ordered on the following roll call vote:

AYES: Councilmen Butler, Greene, Testino, Volkert, Councilwoman Panos.

NAYS: Councilmen Calogera, Maher, Vice-president Gillespie.

ABSENT: President Baker.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 37-04

ORDINANCE AMENDING CHAPTER X, SECTION 3.3 PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS

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 the east side of Highpointe Way between Rt.516 and Brandywine Drive

SECTION 2. Parking Prohibited on the East Side of Highpointe Way

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 Street Hours Location
Highpointe Way East side at all times Between Rt. 516 and Brandywine 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 consistency.

SECTION 4: Partial invalidity

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

SECTION 5: Effective Date

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the same manner set forth at NJSA40-69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

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

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

NAYS: None.

ABSENT: President Baker.

Ordinance for First Reading

ORDINANCE NO. 38-04

ORDINANCE AMENDING AND ADOPTING A NEW OFFICIAL ZONING MAP OF THE TOWNSHIP OF OLD BRIDGE

BE IT ORDAINED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Ordinance of this Township, the title of which is “The Land Development Ordinance of the Township of Old Bridge, County of Middlesex, State of New Jersey” be amended as follows:

SECTION 1:

The following ordinance section shall be amended and added to Article 7—2 ZONING of the Old Bridge Township Land Development Ordinance as follows:

Article 7-2A.1 Zoning Map

The official Zoning Map of the Township of Old Bridge, dated March 18, 2004 is hereby amended by revision 1, dated October 8, 2004 and incorporated herein by reference. Copies of the new Zoning Map are on file in the office of the Township Clerk.

SECTION 2: INCONSISTENT ORDINANCES

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

SECTION 3: 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 remainder shall be deemed valid and effective.

SECTION 4: EFFECTIVE DATE

B. If the Mayor vetoes the Ordinance (in the same manner set forth at NJSA40-69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

Ordinance for First Reading

Ordinance No. 39-04

An Ordinance to Amend an Ordinance titled “The Land Development Ordinance of the Township of Old Bridge”

BE IT ORDAINED by the Township Council of the Township of Old Bridge in the County of Middlesex in the State of New Jersey that an Ordinance of this Township, the title of which is “The Land Development Ordinance of the Township of Old Bridge, County of Middlesex, State of New Jersey” be amended, revised and supplemented as follows:

SECTION 1: The following ordinance sections shall be amended and added to Article 7-2 – ZONING of the Old Bridge Township Land Development Ordinance as follows:

Article 7-2 A. 3 Establishment and Purposes of Zones.

The following zoning district is hereby established.

COI - Commercial Office Industrial

The purpose of this zone is to allow a wide variety of uses, including retail, office and light industrial, in order to meet the employment and shopping needs of the Township and regional population. Development is encouraged to occur with a mix of uses, and have access to secondary or frontage roads and consolidate and link driveways to minimize highway curb cuts and provide for more efficient traffic circulation.

Article 7-2 B. 2. f Assisted Living Facilities and Hospitals

Sanitariums, assisted living facilities, convalescent and rest homes are permitted in any residential zone and the OG, or COI zone; hospitals are permitted in the R120, OG, COI,
and SD zone, provided that:

(a) The property proposed to be occupied by the use shall have a minimum lot area of five (5) acres, except hospital uses must have a minimum lot area of twenty-five (25)
acres.

(b) Minimum front, rear, and side yard areas shall be one hundred (100) feet;

(d) The height of the structure may not exceed the maximum height requirements of this ordinance; provided, however, that the front, rear and side yard requirements shall be
increased by one (1) foot for each foot by which the height of the structure exceed the maximum height which would otherwise be permitted by this ordinance, and further
provided that in no case shall any proposed structure exceed fifty(50) feet in height;

(e) Hospitals located in the R120 zone shall provide a landscaped buffer of not less that seventy-five (75) feet from all property lines;

(f) The traffic impact for the immediate area as well the increased traffic volume being created by the proposed use shall be analyzed in written form by a qualified Traffic
Engineer and shall document the conclusion that the proposed use satisfies the following standards:

(a) the additional traffic resulting from the proposed use will not exceed a volume/capacity ratio of 0.8 on the adjacent street;
(b) the additional traffic resulting from the proposed use will not increase the peak volume by ten (10) percent or more; and
(c) the additional traffic resulting from the proposed use will not reduce the level of service at significantly impacted intersections to “F”.

Article 7-3 G. 4 Permitted Signs in Commercial and Commercial/Office/Industrial (COI) Zoning Districts

The following signs are authorized in conjunction with permitted and prior non conforming commercial, office, and industrial uses in the CN, CC, or COI zones;

(1) One (1) facia sign, which may be internally illuminated, placed or inscribed upon the front wall of a building or on each store front in the case of a shopping center,
containing only the name of the store and or the type of use therein and no other advertising material. Such sign shall not exceed an area equal to ten (10) percent of the building front. All such signs must be of the same area and dimension for similar stores, but the content or color may vary. Such sign may incorporate a time and temperature display.

(2) Three or more stores or occupants: one (1) freestanding sign, which may be internally illuminated and which may state the name of the shopping center or commercial or
other activity, the street address, occupants and no other advertising material. Such sign shall not exceed a total area of ten (10) square feet for each store or occupant in the complex, or seventy five (75) square feet, whichever is less. However, if the building or complex is located on a corner lot, a second freestanding sign, which may be illuminated, may be erected, provided that the area of the second sign does not exceed one half (1/2) of the area and the height does not exceed one half (1/2) of the height of the primary sign erected on the major street. Such sign may incorporate a time and temperature display.

(3) Two stores or occupants or less: one (1) freestanding sign, which may be internally illuminated, and which may state the name of the shopping center and or commercial
or other activity, the street address, the name and primary business of each of the occupants and no other advertising material . Such sign shall not exceed forty (40) square feet, and shall not exceed the height principal building on the complex or eighteen (18) feet which ever is less. However, if the building or complex is located on a corner lot a second freestanding sign, which may be illuminated, may be erected provided that the area of the second sign does not exceed one half (1/2) of the area and the height does not exceed one half (1/2) of the height of the primary sign erected on the major street. Such sign may incorporate a time and temperature display.

(4) One (1) canopy sign; in the case of a shopping center, wherein walkways are roofed over with a permanently installed rigid canopy or other structural device, a sign may be hung vertically for the underside of said canopy for each store front in the center. Such sign shall not be less than eight (8) feet above the walkway and may not exceed eight (8) square feet.

(5) One (1) sign in the valance of an awning containing only the name of the store and no other advertising material. The area of such sign shall not exceed eight (8) square feet.

(6) One (1) freestanding directory sign for every ten thousand (10,000) square feet of gross floor area, which may state the name of the occupants of the building or complex and other advertising material at the discretion of the Approving Board. Such signs shall not exceed four (4) square feet in area and six (6) feet in height.

(7) Freestanding signs within the parking areas to identify particular areas or sections of said parking lot provided that not more than one (1) such sign shall be permitted for each
parking area and further provided that such signs shall not exceed three (3) square feet in area on only one side nor exceed a height of twenty (20) feet. In addition, freestanding signs may be erected at each end of the parking aisle for identification purposes provided that such signs shall not exceed one (1) square foot in area nor exceed a height of four (4) feet.

(8) There shall be a maximum of two (2) menu signs for any drive-thru restaurant.

Article 10-13 COI ZONE DESIGN STANDARDS

In addition to the design standards otherwise set forth in this Article X, the following design standards shall be applicable to all development in the COI zone. Where the standards contained herein conflict with the standards otherwise set forth in this article, the standards herein shall govern.

The COI Zone contains a broad range of uses intended to encourage economic development in appropriate areas. Because such a large array of uses can have equally large variations in site design, it is necessary for the Approving Board to evaluate development proposals for: layout, aesthetics and architectural design with specific reference to the following factors:

1. Buildings fronting on or visible from Route 9 or Route 18 shall have an architectural design which gives the appearance of retail or offices. Uses which are non retail/office and cannot conform to a retail/office look should be located away from the highway.

2. Manufacturing uses along Route 9 and Route 18 shall be limited such that manufacturing is ancillary to a retail use. Examples would be: a candy shop, leather goods, jewelry, and apparel with products made on premises. To test for compliance with this section, the Approving Board should find that the use has the look and feel of a retail store with products made on premises rather than a large manufacturer which primarily ships products nation-wide or regionally.

3. Outdoor storage of equipment or materials should not be visible from Route 9 or Route 18. The Approving Board should recognize that certain product displays may be necessary for retail businesses such as a garden shop in conjunction with a department store or home improvement center. The intent is to maintain a retail/office look along the highway. No warehousing or permanent stockpiling is permitted along Routes 9 or 18.

4. Landscape buffers should be planted along all highways and streets to provide a well landscaped look, without thoroughly screening the business from view.

5. Access to properties will be controlled, by providing acceleration/deceleration lanes; by providing frontage roads and reducing the number of direct access points to Route 9, Route 18 and collector and arterial roads; and by providing lateral access between adjoining sites, so as not to force vehicles onto the highway unnecessarily.

Appendix C - Schedule of Permitted Uses

The schedule of permitted uses is hereby amended to set forth permitted, conditional and accessory uses in the COI Zone;
Permitted Primary Uses in COI Zone
The following uses are the permitted primary uses for the Commercial/Office/Industrial Zone:
1511 Hotels
1512 Motels
212 Dairy Products
213 Canning & Preserving: Fruits, Vegetables, Seafood
214 Grain Mill Products
215 Bakery Products
217 Confectionery & Related Products
218 Beverages
22 Textile Mill Products
23 Apparel & Other Finished Goods made from fabric, leather & similar products
243 Millworks, etc. & Prefab Structure Wood Products
244 Wooden Containers
2499 Other Wood Products, NEC
25 Furniture & Fixtures
264 Converted Paper & Paper Board Products (except 265)
265 Paper Board Containers & Boxes
27 Printing, Publishing & Allied Industries
283 Drugs
284 Soap, Detergents & other Cleaning Preparations, Perfumes, Cosmetics & other Toilet Preparations
319 Other Fabric/Rubber Products, NEC
32 Stone, Clay & Glass Products (except 323, 3264,
3265 & 328)
341 Ordnance & Accessories (except 3412, 3416,
3417, & 3419)
342/343 Machinery
344 Transportation Equipment
349 Fabricated Metal Products, NEC
35 Professional, Scientific & Controlling Instruments, Photographic & Optical Goods, Watches & Clocks
3417 & 3419
39 Miscellaneous Manufacturing (except 396)
421 Bus Transportation
422 Motor Freight Transportation
429 Motor Vehicle Transportation, NEC
4318 Airline Co. Office (not at terminal)
4602 Commercial Parking Lots & Garages
471 Telephone Communications (except 4712)
472 Telegraph Communications
473 Radio Communications (except 4732)
474 Television Communications (except 4742)
475 Radio & TV Communications (combined)
476 Recording & Sound Studios
479 Other Communications, NEC
4811 Electric Transmission Right-of-Way
4815 Electric Utility Company Office
4819 Other Electric Utility, NEC
4825 Gas Company Office
4831 Water Pipeline Right-of-Way
4832 Water Treatment Plants
4836 Water Pressure Control Stations
4837 Water Utilities Company Office
4841 Sewerage Pipeline Right-of-Way
4844 Sewerage Pressure Control Stations
4846 Sewerage Company Office
4861 Combination Utilities Storage
4862 Gas & Electric Utilities Office
4863 Water & Electric Utility Company Office
492 Transportation Services & Arrangements
511 Motor Vehicle & Auto Equipment
513 Dry Goods & Apparel
514 Groceries & Related Products
515 Farm Products (except 5156, 5157)
516 Electrical Goods
517 Hardware, Plumbing, Heating Equipment & Supplies
518 Machinery, Equipment & Supply
519 Miscellaneous Wholesale Trade (except 5191, 5192 & 5193)
52 Building Materials
541 Grocery Stores
542 Meats & Fishes
543 Fruits & Vegetables
544 Candies, Nuts & Confectionery
545 Dairy Products
546 Bakeries
549 Other Retail Food, NEC
551 Motor Vehicles (excluding 5512 & 5515; also excluding used only)
552 Tires, Batteries & Accessories (sales only)
559 Retail Trade
56 Apparel & Accessories
57 Furniture (home), Furniture & Equipment
5733 Toys , Amusements, sporting and athletic goods
581 Eating Places
5813 Drive-in Restaurants; Fast Food Restaurants
591 Drugs & Proprietary
592 Liquor Package
5931 Antiques Sale
5937 Stamp & Coin Collectors, Supplies, etc.
5943 Books, Stationary, Art & Hobby Supplies
595 Sporting Goods, Bicycles & Toys
596 Farm & Garden Supplies
597 Jewelry Sales
599 Miscellaneous Retail & Trade (except Adult Bookstores)
61 Finance, Insurance & Real Estate Functions
621 Laundries, Dry Cleaning & Dyeing
622 Photographic Services
623 Beauty & Barber Services
6241 Funeral Parlor/Mortuary
625 Apparel Repair, Alterations & Cleaning Pick-up Services; Shoe Repair Services
6291 Clothing Rental
6292 Costume Rental
6293 Porter Services
63 Business Services (except 6372)
6398 Motion picture production (including TV)
641 Auto Repair & Related Services
642 Electric Appliance Repair & Service
649 Repair Shops & Related Services, NEC
651 Medical & Other Health Services
6512 Dental Offices & Services
652 Legal Services
653 Engineering, Architectural & Planning Services
654 Research Services
655 Data Processing Services
659 Professional Services, NEC
661 General Contract Construction
662 General Construction Trade
663 Specialized Construction, Trade Services, NEC
67 Governmental Services--All Levels
68 Educational Services
693 Business Professional & Labor Organizations & Services
6991 Ticket Sales Office
721 Entertainment Assembly
7221/7222 Stadium & Arenas
7223 Racetracks, Animal
723 Miscellaneous Public Assembly
7392 Miniature Golf
7393 Golf Driving Ranges
7411/7412 Golf Courses
7413 Tennis Courts/Private
7415 Roller Skating
7416 Riding Academy Schools & Stables
7417 Bowling Alleys
7425 Gyms, Athletic Clubs, Etc.
8221 Veterinarian Services
8222 Animal Hospitals
8224 Animal Kennels
84 Fishing Activities & Related Services

Permitted Conditional Uses in the COI Zone

The following uses are the Conditional Uses for the Commercial/Office/Industrial Zone:

Home Businesses
Home Occupations
Home Professional Offices
312 Rubber Footwear
3417 Guided Missiles & Space Vehicles
4603 Long-Term Storage; Auto, Boats, Trailers, Etc.
4712 Telephone Relay Towers
4732 Radio Transmitting Stations & Towers
4742 Television Transmitting Stations & Towers
4791 Satellite Antennas (Dish Type for receiving only)
4812 Electric Generation Plants
4814 Electricity Regulating Substations
4821 Gas Pipeline Right-of-Way
4824 Gas Pressure Control Stations
4833 Water Storage as part of Utility System (open reservoirs)
4834 Water Storage as part of Utility System(covered, including stand pipes)
4835 Irrigation Channels
4864 Combination Utilities Right-of-Way
491 Pipeline Right-of-Way & Pressure Control Station, NEC
512 Drugs, Chemical & Allied Products
553 Gasoline Service Stations (including Marine Stations)
582 Drinking Places (Alcoholic Beverages)
6296 Massage Parlors, Steam & Sauna Baths
71 Cultural Activities & Nature Exhibitions
7451 Archery
7452 Pistol & Rifle Range

Permitted Accessory Uses in the COI Zone

The following uses are the Accessory uses for the Commercial/Office/Industrial Zone:

211 Meat Products
4391/4392 Heliport (with & without Maintenance Facilities)
Essential Utilities for all Permitted Uses
499 Other Transportation Communication & Utilities, NEC Temporary Construction Trailers
7421 Plan Lots & Tot Lots (separate)
7422 Playgrounds
7423 Playfields & Athletic Fields
7429 Other Playgrounds & Athletic Areas Swimming Pools/private Roadside Farm Markets, Barn and other Farm Out Buildings
814 Livestock
816 Animal Specialties
817 Residential Agriculture

Appendix D – Schedule of Development Intensity Limitations

Appendix D is hereby amended to set forth intensity limitations in the COI Zone District as follows:

Maximum dwellings per gross acre: 0
Minimum lot area: 3 acres
Maximum floor area ratio: 0.20
Minimum landscape area ratio: 0.40

Appendix E – Schedule of area, height and yard requirements

Appendix E is hereby amended to set forth area, height, and yard requirements in the COI zone district as follows:

Minimum lot width: 150 feet
Minimum front yard: 50 feet
Minimum side yard: 25 feet
Total two side yards: 50 feet
Minimum rear yard: 50 feet
Minimum accessory side yard: 25 feet
Minimum accessory rear yard: 25 feet
Maximum building height: 4 stories, 45 feet
Maximum accessory building height: 4 stories, 45 feet

SECTION 2: The following definitions shall be amended and added to Article 2-2 – Definitions & Abbreviations of the Old Bridge Township Land Development Ordinance as follows:

Dance Hall, Dance Club, or Disco – An establishment wherein the primary attraction is dancing to either live or recorded music.

Nightclub – An establishment wherein live entertainment is the primary attraction, and which operates primarily at night, caters to adult patrons, offers food and/or drink, and wherein an area for dancing may also be provided. For purposes of this ordinance, comedy clubs shall be considered night clubs.

Restaurant - Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, play field or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a restaurant. Similarly, a small eating area within or associated with a larger use such as a department store, bowling alley, commercial recreation facility, nightclub, dance hall, bus, train or other mass-transit station, shall not be deemed to be a restaurant. (bold – shows proposed addition)

Tavern or Bar - An establishment where the serving of liquor by the drink to the general public is the principal use and the serving of food or the sale of packaged liquors, if any, are accessory to the principal use. All such establishments shall conform to all Alcoholic Beverage Control regulations of the State of New Jersey and the Township of Old Bridge.

SECTION 3: The following ordinance sections shall be amended and added to Article X – DESIGN STANDARDS of the Old Bridge Township Land Development Ordinance as follows:

Appendix F – Schedule of Required Parking Spaces is hereby amended as follows:

USE OR OCCUPANCY CATEGORY PARKING SPACES REQUIRED

RECREATIONAL
Restaurant (without bar) 1 per 3 seats, or 1 per 50 sf GFA whichever is greater

Restaurant (with bar) 1 per 3 seats in restaurant area plus
1 per 2 seats in bar area, or
1 per 50 sf GFA, whichever is greater

Dance hall, Dance Club, or Disco 1 per 50 sf GFA, or 1 per 2 patrons @ maximum occupancy plus 2 per 3 employees on maximum shift, whichever is greater

Nightclub 1 per 50 sf GFA, or 1 per 2 patrons @ maximum occupancy plus 2 per 3 employees on maximum shift, whichever is greater

Tavern or Bar 1 per 2 seats, or 1 per 50 sf GFA, whichever is greater

SECTION 4: The following section shall be amended and added to Article VII – Zoning of the Old Bridge Township Land Development Ordinance as follows:

Article 7-3 D Application of Yard Regulations

The following provision is hereby established:

Article 7-3 D.6 Above ground and below ground pools on single family residential lots are specifically permitted to encroach into the minimum required rear yard or side yard accessory structure setback area, provided that a minimum distance of six (6) feet is provided between the pool wall and the affected property line.

SECTION 5: 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 6: 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 valid and effective.

SECTION 7: 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 NJSA 40:69A-181; and upon this ordinance taking effect shall not be retroactive.

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

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

NAYS: None.

ABSENT: President Baker.

Ordinance for First Reading

ORDINANCE NO. 40-04

ORDINANCE AMENDING CHAPTER II, ARTICLE III MEETINGS OF THE TOWNSHIP OF THE TOWNSHIP COUNCIL SECTION 2-3.8a
OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF OLD BRIDGE

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Code of the Township, Chapter II, Article III, of the Revised General Ordinances shall be amended and supplemented as herein below set forth:

SECTION 1: Code Section 2-3.8 Meetings of the Council

a. Regular Meetings. The Township Council shall, following a municipal election, meet on January 1 at 12:00 noon for the purpose of reorganization, unless that day is a Sunday, in which case it shall meet in the next succeeding day. At other times, the Council shall reorganize at its first regular meeting of the year. The council shall meet regularly on the second and fourth Monday of each month at 7:30 p.m.; and shall meet for the general purposes of formulating and discussing its agenda, local legislation and issues on the first and third Monday of each month at 7:30 p.m. The Council may upon compliance with the Open Public Meetings Act transact formal business at agenda meetings. Agenda meetings shall be advertised together with regular meetings in the schedule of regular meetings for purposes of the Open Public Meetings Act. The Council may by resolution dispense with one (1) or more meetings. When the time for any regular meeting of the Council falls on a legal holiday as prescribed by law, such meeting shall be held at the same hour on the next succeeding day which is not a legal holiday or such other date designated by resolution. Meetings shall be held at the Old Bridge Township Municipal Building, One Old Bridge Plaza, or at such place as may be designated by the Township Council. Nothing herein shall preclude the Township Council from establishing a convenient meeting schedule on dates other than those set forth in this subsection. All Council Meetings shall conclude no later then 11:00 p.m., except that the Council President may extend the meeting for the purpose of concluding official business. No new business shall be started after 10:30 p.m. so that sufficient time may be provided for public comments and Council comments prior to adjournment.

SECTION 2. 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 3. Partial Invalidity.

SECTION 4. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert.

NAYS: Councilman Calogera, Councilwoman Panos.

ABSENT: President Baker.

Consent Agenda

Vice-president Gillespie opened the public portion on the Consent Agenda.

Ms. Linda Seiler on Resolution #598-04 – Professional Service Contract to RMF Architect: What is the street address for this company and who are the principals? Is this the final amount of the contract or will there be amendments? I cannot find this firm licensed on the state licensing board.

Vice-president Gillespie: I will separate this resolution and we will get the answers for you.

Seeing no hands Vice-president Gillespie closed the public portion.

BINGO/RAFFLE

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

RESOLUTION #579-04

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:

RL92-04 Court Queenship of Mary
RL93-04 Court Queenship of Mary
RL94-04 Congregation Beth Ohr
RL03-05 Knights of Columbus #8478

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

GRANTING PERMISSION FOR THE LUTHERAN CHURCH OF THE GOOD SHEPHERD TO HOLD WALKATHON

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

RESOLUTION #580-04

WHEREAS, the Lutheran Church of the Good Shepherd wishes to hold a Walkathon in support of the disaster relief efforts for hurricane victims, on Saturday, November 6, 2004 at 9:00 A.M.; and

WHEREAS, the Township Council wishes to endorse such a Walkathon and permit such a Walkathon to occur in the public streets; and

WHEREAS, the Lutheran Church of the Good Shepherd has received permission from Old Bridge High School West and wishes for the parade to assemble at the Old Bridge High School West Campus parking lot where it will commence and then across Ticetown Road to Valley Vale Road to Oakland Road to Trans-Old Bridge Road and return along the same route; and

WHEREAS, a resolution is required for that purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby grants permission for a Walkathon in support of the disaster relief efforts for hurricane victims, to be conducted by The Lutheran Church of the Good Shepherd on Saturday, November 6, 2004 at 9:00 A.M.

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY CONFIRMING THE DETAILS OF THE SALE OF THE TOWNSHIP'S GENERAL OBLIGATION BONDS, SERIES 2004A, AND GENERAL OBLIGATION BONDS, SERIES 2004B, TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY, ACTING BY AND THROUGH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO THE 2004 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM

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

RESOLUTION #581-04

BACKGROUND

WHEREAS, the Township of Old Bridge County of Middlesex, New Jersey ("Township") has determined there exists a need within the Township for the acquisition of certain real property for use by the Township as open space for recreational purposes ("2004 Project") as described in that certain Loan Agreement ("Trust Loan Agreement") to be entered into between the Township and the New Jersey Environmental Infrastructure Trust ("Trust") and that certain Loan Agreement ("Fund Loan Agreement"; together with the Trust Loan Agreement, the "Loan Agreements") to be entered into between the Township and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection ("State"), all pursuant to the 2004 New Jersey Environmental Infrastructure Trust Financing Program; and

WHEREAS, the Township has determined to permanently finance the acquisition of the 2004 Project with the proceeds of a loan to be made by each of the Trust ("Trust Loan") and the State ("Fund Loan"; together with the Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively; and

WHEREAS, to evidence the Loans, each of the Trust and the State require the Township to authorize, execute and deliver its General Obligation Bonds, Series 2004A, to the Trust ("2004A Bonds"), and its General Obligation Bonds, Series 2004B, to the State ("2004B Bonds"; together with the 2004A Bonds, the "2004 Bonds"), pursuant to the terms of applicable law and pursuant to the terms of the Loan Agreements; and

WHEREAS, pursuant to the Local Bond Law, Chapter 169 of the Laws of the State of New Jersey Township Council (collectively, the "Governing Body") has, pursuant to bond ordinance 04-01, as amended and supplemented, duly and finally adopted and published in accordance with the requirements of Local Bond Law (as amended and supplemented, the "Bond Ordinance"), authorized the issuance of general obligation bonds or bond anticipation notes of the Township to finance the costs of the 2004 Project; and

WHEREAS, pursuant to a resolution adopted by the Governing Body on June 21, 2004 ("Authorizing Resolution"), the Township authorized and approved the issuance and sale of up to $6,000,000 aggregate principal amount of the 2004 Bonds of the Township, consisting of the Township's 2004A Bonds, and the Township's 2004B Bonds, to finance the costs of the 2004 Project; and

WHEREAS, N.J.S.A. 40A:2-27(a)(2), allows for the sale of the 2004A Bonds and the 2004B Bonds to the Trust and the State, respectively, without any public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the 2004A Bonds to the Trust, without any public offering, all under the terms and conditions set forth herein; and

WHEREAS, the Trust has sold its bonds to fund the Trust Loan, thereby enabling the Township to confirm the exact aggregate principal amount of and debt service schedule for each series of the 2004 Bonds.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, PURSUANT TO THE LOCAL BOND LAW (NOT LESS THAN TWO-THIRDS OF ALL THE MEMBERS THEREOF AFFIRMATIVELY CONCURRING), AS FOLLOWS:

Section 1. The sale of the 2004A Bonds to the Trust and the 2004B Bonds to the State is hereby authorized, approved, ratified and confirmed. The 2004A Bonds shall be released from escrow in accordance with the terms of the Escrow Agreement between the Trust, the State, the escrow agent and the Township ("Escrow Agreement") and thereby issued in accordance with the principal amount, interest rates and maturity schedule set forth on Schedule "A" on file with the Township Clerk. The 2004B Bonds shall be released from escrow in accordance with the terms of the Escrow Agreement and thereby issued in accordance with the principal amount and maturity schedule set forth on Schedule "B" on file with the Township Clerk.

Section 2. All actions heretofore taken and documents prepared or executed by or on behalf of the Township by the Mayor, Administrator, Chief Financial Officer, Township Clerk, Deputy Township Clerk, other Township officials or by the Township's professional advisors, in connection with the issuance and sale of the 2004 Bonds or the 2004 Project are hereby ratified, confirmed, approved and adopted.

Section 3. The Mayor, Administrator, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to determine all matters and execute all documents and instruments in connection with the 2004 Bonds or the 2004 Project not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinance, or by this or any subsequent resolution, and the signature of the Mayor, Administrator, Chief Financial Officer, Township Clerk or Deputy Township Clerk on such documents or instruments shall be conclusive as to such determinations.

Section 4. All resolutions, or parts thereof, inconsistent herewith or with the Authorizing Resolution, are hereby rescinded and repealed to the extent of any such inconsistency.

Section 5. This resolution shall take effect immediately upon adoption this 25th day of October, 2004.

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

AUTHORIZING INTER-LOCAL SERVICES AGREEMENT WITH THE OLD BRIDGE BOARD OF EDUCATION

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

RESOLUTION #582-04

WHEREAS, the Township of Old Bridge is authorized to enter into an Inter-Local Services Agreement with the Old Bridge Board of Education pursuant to N.J.S.A. 40:8a-1 et seq.; and

WHEREAS, the Township of Old Bridge may enter into an Inter-Local Services Agreement with the Old Bridge Board of Education for the services of a “grant writer” ; and

WHEREAS, this agreement is to effect joint savings for the Township of Old Bridge and the Old Bridge Board of Education in regard to this specialized service; and

WHEREAS, the Old Bridge Township Business Administrator shall act as the agent for the Township of Old Bridge in regard to the joint agreement with the Old Bridge Board of Education for the payment of a “grant writer” for said entities; and

WHEREAS, said joint agreement shall be signed by the Mayor and Township Clerk after review as to form and sufficiency by the Township Attorney; and

WHEREAS, a copy of the signed agreement shall be available for inspection in the Office of the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby authorizes the execution of an Inter-Local Services Agreement with the Old Bridge Board of Education for the payment of a “grant writer” to provide services to both local units; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the Inter-Local Services Agreement after approval by the Township Attorney.

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

AUTHORIZING TAX REFUND TO EXEMPT VETERANS

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

RESOLUTION #583-04

WHEREAS, the Old Bridge Township Tax Assessor has recommended that the Township set a definite policy regarding refunds of taxes of 100% exempt veterans; and

WHEREAS, the written policy recommended herein would follow past practices which have been previously implemented by the Tax Collector; and

WHEREAS, it is in the best interest of the Township of Old Bridge to set a definite policy to avoid potential liability in regard to retroactive exempt veteran status; and

WHEREAS, the purpose of said policy is to limit liability for retroactive exempt status to a refund of taxes for the current calendar year of 100% disabled status as determined by the Veterans Administration and the two (2) calendar years immediately preceding said year.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township of Old Bridge shall refund 100% of real estate taxes for qualified disabled veterans as of the date of acquisition of 100% disabled status as determined by Veterans Administration for the current calendar tax year and the two (2) calendar years immediately preceding the current year. In the event the date of the 100% disability precedes the two (2) calendar years prior to the current year, Old Bridge Township will not refund any additional real estate taxes.

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

AUTHORIZING SUBORDINATION OF CERTAIN MORTGAGES

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

RESOLUTION #584-04

WHEREAS, the Township of Old Bridge received two (2) mortgages on a certain property in connection with its Community Development Block Grant program; and

WHEREAS, the owners of the said property wish to refinance the property; and

WHEREAS, a condition of the new financing is the subordination of the existing two second mortgages held by the Township of Old Bridge.

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

1. The mortgages in favor of the Township of Old Bridge in the amount of $10,845.00 and $5,700.00 may be subordinated to a First Mortgage of $73,000.00 (new mortgage) on the property located at 746 Hilltop Avenue, Laurence Harbor, Old Bridge, NJ, Block 20, Lot 746.11 assessed to James and Geraldine Kosinski.

2. The Mayor and Township Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.

3. Any documents required to effectuate the terms of this authorization shall be approved by the Township Attorney.

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH BENNETS & HUYSMAN ARCHITECTS, P.C. FOR ARENA ROOF DESIGN SPECIFICATIONS CONSTRUCTION SUPERVISION

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

RESOLUTION #585-04

WHEREAS, the Township of Old Bridge requires the services of a professional architectural/engineering firm for services related to the arena roof design/specifications/construction supervision of the ice arena building; and

WHEREAS, Bennets & Huysman Architects, P.C. is a licensed New Jersey architectural/engineering firm which is recognized as capable and available to undertake such
work; and

WHEREAS, the Township Council wishes to authorize a contract with Bennets & Huysman Architects, P.C. for purposes of providing the aforesaid professional architectural/engineering services.

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

1. A contract for professional services is authorized to be entered into with Bennets & Huysman Architects, P.C. located at Trolley Crossing, 8104 Cazenovia Road, Manlius, New York 13104 in the amount of $20,000.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1285 certifying the existence of sufficient appropriation to fund the said contract.

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

This Resolution is conditioned upon the following:

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

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the Vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with affirmative action employee information reporting.

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

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

GRANTING PERMISSION FOR HALLOWEEN PARADE TO LAURENCE HARBOR DEMOCRATIC CLUB

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

RESOLUTION #586-04

WHEREAS, the Laurence Harbor Democratic Club has proposed a parade for the celebration of Halloween on Saturday, October 30, 2004 at 2:00 p.m.; and

WHEREAS, the Township Council wishes to endorse such a parade and permit such parade to occur in the public streets; and

WHEREAS, the Laurence Harbor Democratic Club wishes for the parade to begin at the Laurence Harbor Beach and proceed along Laurence Parkway to St. Lawrence Church; and

WHEREAS, a resolution is required for that purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby grants permission for a Halloween Parade to be conducted by the Laurence Harbor Democratic Party on Saturday, October 30, 2004 at 2:00 p.m. from Laurence Harbor Beach along Laurence Parkway to St. Lawrence Church.

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

GRANTING PERMISSION FOR HALLOWEEN DAY PARADE TO LAKERIDGE COMMUNITY

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

RESOLUTION #587-04

WHEREAS, the Lakeridge Community has proposed a parade for the celebration of Halloween on Sunday, October 31,2004 at 1:00 p.m..; and

WHEREAS, the Township Council wishes to endorse such a parade and permit such parade to occur in the public streets; and

WHEREAS, the Lakeridge Community wishes the parade to assemble at Brentwood and Appletree Drives, across Route 516 and proceed to the Pool Club on Lakeridge Drive; and

WHEREAS, a resolution is required for that purpose.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby grants permission for a Halloween Day Parade to be conducted by Lakeridge Community on Sunday, October 31, 2004 at 1:00 p.m.

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

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

NAYS: None.

ABSTAIN: Vice-president Gillespie.

ABSENT: President Baker.

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR TOWN CENTER

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

RESOLUTION #588-04

WHEREAS, Town Center, located at Route 516 and Cottrell Road, is now seeking a release of the Performance Guarantee;

Performance Bond $626,651.56
10% Cash Deposit 69,627.95
Total $696,279.51

WHEREAS, a bond hearing was held on September 27, 2004 at which time the Township Engineering Department and Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the site improvement work and recommends a release of the Performance Guarantee.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Performance Guarantee be released subject to the following conditions:

1. The developer posting a Maintenance Bond, covering a period of two years, in the amount of $208,883.85 (15% of the Original Performance Guarantee).

2. Developer submitting revised “As-Built” Drawings.

3. Developer installing arrow signs at the bicycle path sign post.

4. Developer installing missing light post near the bank building.

5. NJDOT's approval of the traffic light installation (County has inspected and approved the installation.)

BE IT FURTHER RESOLVED that these required conditions must be met within thirty (30) days from the date of memorializing of this Resolution for release of the Performance Guarantee.

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

AYES: Councilmen Butler, Calogera, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT: President Baker.

AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH TAYLOR, WISEMAN & TAYLOR FOR REMOVAL OF UNDERGROUND OIL STORAGE TANK

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

RESOLUTION #589-04

WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm for the removal of the underground oil storage tank in the Police Department parking lot; and

WHEREAS, John Vincenti, Township Engineer has received three (3) quotes and has determined that the contract shall be awarded to Taylor, Wiseman & Taylor a licensed New Jersey engineering firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Taylor, Wiseman & Taylor for the removal of the underground oil tank in the Police Department parking lot.

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

1. A contract for professional services is authorized to be entered into with Taylor, Wiseman & Taylor, 1000 Airport Road, Suite 101, Lakewood, New Jersey 08701 in the amount of $12,110.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1287 certifying the existence of sufficient appropriation to fund the said contract.

This Resolution is conditioned upon the following:

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

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative Action employee information reporting.

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

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

AYES: Councilmen Butler, Calogera, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT: President Baker.

Prior to the vote the following discussion took place.

Councilwoman Panos: Do we anticipate spending more for this contract?

Mr. Jacobs: The initial amount is for the removal of the tank, there will then be testing of the soil and depending on the results the contract amount may be amended.

Mayor Phillips: These tanks have been in the ground for a long time and I would be surprised if there was not contamination.

AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH RMF ARCHITECT FOR ARCHITECTURAL SERVICES FOR RENOVATIONS OF THE MUNICIPAL BUILDING, CIVIC CENTER AND THE MADISON PARK FIELD HOUSE

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

RESOLUTION #590-04

WHEREAS, the Township of Old Bridge requires the services of a professional architectural firm for services related to the renovations of the municipal building, civic center and Madison Park Field House; and

WHEREAS, RMF Architect is a licensed New Jersey architectural firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with RMF Architect for purposes of providing the aforesaid professional architectural services.

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

1. A contract for professional services is authorized to be entered into with RMF Architect located at P.O. Box 32, Princeton Junction, New Jersey 08550 in the amount of $18,850.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1288 certifying the Existence of sufficient appropriation to fund the said contract.

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

The Resolution is conditioned upon the following:

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

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the Vendor with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with affirmative action employee information reporting.

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

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

AYES: Councilmen Butler, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie.

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

ABSENT: President Baker.

Prior to the vote the following discussion took place.

Vice-president Gillespie: There were questions by a member of the public and Mr. Jacobs has the answers.

Mr. Jacobs: This is small project and it didn't get a lot of interest from the larger architectural firms. I was asked if I knew of any firms and I recommended RMF. This person did the building in South River and I was the Administrator there at the time and he did a good job. We did get a second quote but there was very little interest in this project and RMF was the lowest quote. The amount is a fixed price assuming that we do not change the specifications. We have a grant to replace the doors so that they are ADA compliant and we need to get moving on that aspect of the project so we don't lose the money.

Councilman Calogera: Is there is an office with an address?

Mr. Jacobs: I think that his office is in Princeton, I will get you the address. I never had a problem contacting him. This is a small one man outfit.

Councilwoman Panos: Is there a reason why the Mayor's office needs bulletproof glass in his office?

Mr. Jacobs: We had a meeting with the safety committee and there were ideas about how to make the building more safe, it is not only about bulletproof glass. We are trying to make the whole hallway more open but that you are not able to actually walk into any of the offices without being buzzed in. This is a security issue.

Councilwoman Panos: Is the Madison Park building used only for Madison Park Little League?

Vice-president Gillespie: I know that we own this building and I believe that we have an obligation to maintain this and keep it safe.

Councilwoman Panos: Can we use the money that has been put aside for the recreation center in ward three for this project?

Mr. Badcock: This is the same procedure that we would use for the civic center or the South Old Bridge Community Center, it is open to anyone that wants to rent it.

Councilwoman Panos: Do we own the property?

Mr. Badcock: No, the property is owned the Manzo Corporation and is leased to the Madison Park Little League.

Councilwoman Panos: Why does this money not come out of the ward three recreation fund? I know that there is quite a bit of money in that fund?

Vice-president Gillespie: I will have Councilman Butler answer the question.

Councilman Butler: This building was given to us in 1992, not bought. This building can be used by anyone in the Township; all they have to do is contact Madison Park Little League.

Mayor Phillips: The amount of money that is designated for this building in this project is $4,500.00 and it comes out of CDBG.

Councilwoman Panos: That is just for the design, this will cost us a lot more money when we have to do the improvements. Will this also be paid from CDBG funds?

Vice-president Gillespie: I would assume that since we are paying for the architectural aspect with CDBG funds they will also pay for construction.

Mayor Phillips: If the amount is astronomical it may not qualify, but whenever we can spend CDBG money, that is preferable.

Councilwoman Panos: How much money is in the ward three fund?

Mr. Vincenti: In the last CDBG budget there was $182,000.00 in capital projects apportioned to three projects; $4,500 for Madison Park and the remaining to drainage project at Cliffwood Way and the remaining to Ward Three Recreation Center – which was roughly $50,000.00. There is also a prior bond for the center in the amount of $300,000.00.

Vice-president Gillespie: We could amend our budget and transfer money within the CDBG budget.

Councilwoman Panos: The $300,000.00 is not in the CDBG budget, is it?

Mayor Phillips: It is only a bond ordinance and it has not been funded.

Councilman Testino: This building is on the other side of the highway and the ward three fund is specifically for the other side of the highway because we know there is a recreation issue. I have knowledge that the Madison Park Building has been used by more then the little league. There is no heat is this building, so basically after the baseball season the using of this building is done.

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH BERT T. LUNDBERG, ESQ.FOR LEGAL REPRESENTATION OF THE RENT STABILIZATION BOARD IN THE MATTER KNOWN AS KAMSON CORP. AND MAPLEVIEW REALTY, LLC VS. OLD BRIDGE TOWNSHIP RENT STABILIZATION BOARD

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

RESOLUTION #591-04

WHEREAS, the Township of Old Bridge requires the services of counsel for the purpose of legal representation of the Rent Stabilization Board with regard to the matter of the Kamson Corp. and Mapleview Realty, LLC v. Old Bridge Township Rent Stabilization Board; and

WHER