Old Bridge Township, New Jersey - February 9, 2004 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

February 9, 2004

A regular meeting of the Township Council of the Township of Old Bridge was held on February 9, 2004 in the Municipal Complex. The meeting was called to order by Vice-president Gillespie 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 February 23, 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, Greene, Maher, Testino, Volkert, Councilwoman Panos, Vice-president Gillespie. President Baker was absent.

Mayor Phillips presented the following proclamation to Lawrence Redmond, Jr. and his family.

WHEREAS, each year, birth or congenital heart defects (CHDs) affect more than 40,000 infants in the United States. Many babies born with CHDs do not survive to adulthood because of the severity of the defect, the absence of early detection, a lack of donor hearts or failure of the medical intervention used; and

WHEREAS, with at least 35 heart defects now recognized by medical professionals, CHDs are among the most common birth defect - 1 in every 100 births. They are also the leading cause of defect-related deaths. To help save lives, researchers are working to more correctly identify the origin of CHDs, describe physical signs and symptoms, and clarify surgical options; and

WHEREAS, Children and adults with CHDs, their families and health professionals have joined together to designate February 14, 2004 as AA Day for Hearts: Congenital Heart Defect Awareness Day. The observance works to educate the public about congenital heart defects and possible treatment options and spotlights the importance of early diagnosis and intervention; and

WHEREAS, I urge all Old Bridge residents to learn more about congenital heart defects and to recognize the dedicated cardiac doctors and researchers who strive to assist those affected by the condition. With increased education and research, children and adults with CHDs may lead longer and more active lives.

NOW, THEREFORE, I, James T. Phillips, Mayor of Old Bridge, Middlesex County, New Jersey, together with the Township Council do hereby proclaim February 14, 2004 as a day for hearts - Congenital Heart Defect Awareness Day.

Lawrence Redmond: The importance of this is early screening, we are trying to get this across to parents. Lawrence was home for three days before we knew he had a problem, had he been screened in the hospital or my wife been screened in-utero with a more involved sonogram, things would have happened quicker and he would not have been in such danger. Many infants die, and many athletes die after strenuous activities, only to find out later that there was an undetected congenital heart defect. This is the largest killer in infants. Thank you Mayor and Council for this awareness.

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

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.

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 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 February 9, 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 February 9, 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 $39,476,032.31 (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.

Mr. Shah: Since Mr. Maher works for Coffman Trees, you need to separate the payment for Mitch Coffman that is on the bill list tonight.

Councilman Maher: On this list there are bills totaling $550.00 for Poland Springs Water, is this a monthly charge? I do not think that it is appropriate for the taxpayers to be paying for bottled water for the employees.

Mr. Shah: These water coolers have been authorized for several years, I am not sure which departments have them. I do not think that it is $550.00 a month, but I will get an accounting of the costs and departments for you by next meeting.

by Councilman Maher to remove the $447.08 (to bring the total amount of the bill list to $39,476,032.31) payment to Poland Springs Water, 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.

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 bills and vouchers subject to preaudit and control; and

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

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

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

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 bills and vouchers subject to preaudit and control; and

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

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

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

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 bills and vouchers subject to preaudit and control; and

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

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

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

Councilman Calogera: Is this increased amount because of snow removal and comp time payout?

Mr. Shah: Not all of it, the majority of it is for snow removal. There is a breakdown of all the departments overtime attached to your bill list.

DOGS
1-1450 10,873.00
1037 & 1310 Replacement @ n/c
1346 Replacement @ $.50 .50
10,873.50

LICENSES
Vending
Candy - $5.00
#'s
1 Old Bridge Diner 5.00
2 Madison Variety 5.00
3-4 RS Vending 10.00
5-10 Vend Link 30.00
11 Laura's Restaurant 5.00
12-15 Parkway Vending 20.00
16 Summerhill Nursing Home 5.00
17-26 American Coin Vending 50.00

Amusement - $25.00
#'s
1 Old Bridge Diner 25.00
2-5 Browntown Inn 100.00
6-7 Keg & Cork 50.00
8-12 Marleybone Pub 125.00
13-14 Old Bridge Liquors 50.00
15-18 Vitale's Bar 100.00
19-24 American Coin Vending 150.00
25-108 Funmania 2,075.00

Soda - $10.00
#'s
1 Audio Sound & Cellular 10.00
2 Laundry Room 10.00
3-7 Home Depot 50.00
8-12 Lowe's 50.00
13-14 Beverly Enterprises 20.00
15-16 Madison Center 20.00
17-21 Old Bridge Township of Old Bridge 50.00
22 Summerhill Nursing Home 10.00
23-26 Funmania 40.00

Used Car
349 Oasis Chevrolet 350.00
350 Jersey Classic Cars 350.00
351 Circle Automotive 500.00
352 Englishtown Motors 350.00
353 Route 34 Autos 500.00
354 Academy Honda – DCH Investments 500.00
355 Oasis Dodge 350.00
356 Oasis Ford 350.00

Towing
Jean's Garage – 2 Licenses 200.00
Boyce Towing – 3 Licenses 300.00
Al's Towing – 2 Licenses 200.00
Julian's Garage 100.00
Circle Automotive – 3 Licenses 300.00
Old Bridge Collision 100.00
First Due Towing – 2 Licenses 200.00
I&J Towing 100.00
Emm's Auto Repair – 2 Licenses 200.00
Pallister Enterprises – 2 Licenses 200.00
Regional Transport – 2 License 200.00
B&B Towing 100.00
8,565.00

BINGO/RAFFLE
RA 34-04 St. Ambrose 10.00
RA 35-04 St. Ambrose 10.00
RA 36-04 Asher Home Elementary School 20.00
RA 37-04 Asher Home Elementary School 10.00
50.00

PARKING PERMITS
#1569-1631 ( Permits) 1,400.00
#1578, 1591, 1597, 1598, 1618, 1624
replacements 30.00

to accept 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.

Report of the Attorney

Attorney Ruggierio: The Nesslage condemnation case has been postponed for sixty days because of an illness with the opposing attorney.

Councilwoman Panos: I have had a number of complaints this weekend regarding the Breakfast Club 80. They were 150 people over their limit and the fire marshall had to go there. They are valet parking up and down private roads this is a big safety issue. I know that we put stipulations on the liquor license, but what else can we do with an establishment that consistently violates our ordinances? This is a nice club, it is just in the wrong place.

Attorney Ruggierio: I am aware of these apparent zoning violations and the placard that limits their occupancy and I understand that there is a police investigation over what happened this weekend which makes this more urgent. We will be filing an action for an injunction in the very near future.

Councilman Calogera: I am upset with the arrogance of the operators of this establishment, I too have received a number of complaints. I would ask the Mayor to have code enforcement go out there on the weekends to keep pressure on this club to operate in a legal manner.

Vice-president Gillespie: I think that if Mr. Ruggierio is planning on going to court there is some rationale for that and there is ample evidence.

Mayor Phillips: I understand that we are 98% ready to go on this injunction and we are going to take some action at the Superior Court level. I am sure that the chief will be diligent in making sure that there is a safe environment there. I think that between the Chief, Rich Diaz (the fire official) and Mr. Ruggierio we are keeping an eye on this.

Councilman Calogera: I believe that they are operating in violation of the zoning code. I would like a zoning officer to also pay attention to the problem also.

Mayor Phillips: I will speak to Mr. Ruggierio after the meeting to see if that is something that we can do.

Attorney Ruggierio: We would be before a judge within two weeks of filing the injunction.

Councilman Testino: I would like to see the report from Rich Diaz so that we can see how many times they are over the limit.

Councilman Greene: I feel that this gentleman deceived us from the very beginning. Every time that he appeared before the council he just told us what he thought was needed in order for the application to be approved. I would ask that you take all the necessary steps to prevent him from being a nuisance to the area.

Councilwoman Panos: Until this injunction takes place can we have extra police patrolling because there are groups of people crossing Route 516.

to accept the report of the attorney 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.

Barbara York: The plan that the DOT has proposed improvements for Routes 516/527/18 is a disgrace. There was a community workshop held on November 6, 2002 where the state DOT made several promises to the residents; one being that they would do nothing without the consent of the people. They proceeded to come before the council and want a resolution approving the plan. They want to close Charles Street and they promised that they wouldn't. They want to put walls up along Marlboro Road, they want us to use Bentley Avenue, when we can't out onto Englishtown Road but then you will have to cross over two lanes of traffic to get to a left turn lane. They want to close Leon, James, George and Farless Avenues. They are trying to make our part of town an island. This is ridiculous and we need the council's help.

Annette Hopman: I would ask the council to consider naming something in town in memory of Richard Cooper who was a teacher, councilman, mayor and businessman in town.

Mr. Perrino: Principal of Voorhees School: I met Rich in 1966 and he was always civic minded and thought that the children should know about the history of the town they lived in. I think that a recognition of this great man would be an appropriate tribute to him.

Ms. Hopman: Rich Cooper touched the hearts of a lot of children in this town. I think that the naming the recreation center in Veterans Park after Rich would be fitting because he was very active there. We need to remember this man for what he was in this town and I look forward to hearing from the council.

Vice-president Gillespie: I certainly remember Rich Cooper, I was one of his students. I would ask Mr. Badcock to come up with something that he thinks appropriate.

Councilwoman Panos: Rich touched many people in his life. I think that wherever Rich is honored would be fine but I would like to see something on a grander scale for this man. What is the time frame for the amphitheater in Mannino Park? – I think that it would great to have his name attached to that.

Mayor Phillips: I would suggest that Patrick and Lucille represent the council and Ms. Hopman and Mr. Perrino represent the school and have Mr. Badcock chair a small committee to come up with something fitting for this fine gentlemen.

Councilwoman Panos: I would love to see a child on the committee because I think that Rich would love it.

Mrs. Helling: (42 Shady Oak St) I am against the DOT plan for Route 18. We do not want any walls put up along Route 18. I would like to see the council tell the State to take the money and put it into the state deficit.

Mr. Valentino: I have received complaints that the Academy Bus Company has cut back their service into Manhattan. Commuters are having a hard time getting to work and something should be done.

Mr. Kolacz: (922 Englishtown Road) I have a copy of the latest proposal from the NJ DOT for the improvements to Route 18 and it is no different from the proposal from 1999 except for the wall. In five years they haven't listened to a word the residents have said. Please send them a stern letter and ask them to listen to the people that are going to be affected by this. They want to take more of my property and put four lanes in front of my house. This is an old state and we have weird intersections, this is one of them, live with it. Who said the bridge is dangerous? Once in a while there are accidents, if it is so dangerous why haven't they lowered the speed limit. Please tell the DOT that we will not accept this.

Mr. Shah: Mr. Vincenti is the point man on this project and he will give you any information that you need.

Councilwoman Panos: I organized a meeting two years ago at the fire house and I am looking to have another meeting, I spoke to the fire chief last week about this. We will pass out fliers when we have a date.

Councilman Calogera: I cannot understand why, if the integrity of that bridge is fine (we are not going to widen Route 516) – why are we changing it to something that people don't want.

Mrs. Horvath (39 Shady Oak St): When the state officials first came before the township, I asked a gentleman why they were doing all this and he told me that the township called the state in because the township wanted people to have an exit from Route 18 south to Route 516. I do not see a need for this because you can get to Route 516 from Southwood Drive. It doesn't make sense because people will get off Route 18 and get onto a two road highway. They are talking about putting up walls and the only way we will be able to get out is on Marlboro Road and that is a fire hazard. Please tell the state that we do not want this.

Mr. Horvath: I worked for a large construction company for thirty years and this plan is a disaster; I could draw up a better plan. They are taking away a new gas station and putting up walls and we don't need this.

Mr. Jose Robaina (The Tile Place): The state closed the driveway to the store and closed First Street, who can we talk to about this? The state does not listen to the people.

Councilwoman Panos: I know that Captain Bonfante had a meeting with this gentleman, maybe we could get a report from him.

WHEREAS, the Township Engineer has evaluated a request for the vacation of an unimproved portion of Ticetown Road which is between the Southwood Development and lands of Crystal Homes, Inc.; and

WHEREAS, this portion of Ticetown Road, which is depicted on a survey of Block 17007, Lot 2 is no longer needed for use as a public roadway; and

WHEREAS, Ordinance 56-03 previously vacating this portion of Ticetown Road contained errors in the description of the property which is being corrected by this amendment.

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

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

The Township of Old Bridge hereby vacates a portion of Ticetown Road as depicted on a survey of Block 17007, Lot 2 and more fully described in the document entitled “Exhibit A-1” on file in the Township Clerk's office, The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress and egress relating thereto.

The consequences of this vacation shall be that title to one half the parcel described in “Exhibit A-1” shall transfer to the owners within the Southwood Development and title to one half the parcel described in “Exhibit A-1” shall transfer to Crystal Homes Inc. along that portion of the roadway to be vacated. The use of this additional land shall be limited to accessory uses appurtenant to the existing primary use of the property and shall not be credited for additional density in the event of a future subdivision.

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

All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repeated to the extent of such inconsistency.

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.

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 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 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 Testino and so ordered on the following roll call vote:

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

Attorney Ruggierio: This is to correct a mis-description in an earlier ordinance.

Vice-president Gillespie: My understanding is that we are simply correcting the description of the property.

Councilman Greene: I would like to know exactly what the error was. I spoke to the engineer several times about this. I received a list of property owners that were affected and it was my intention to speak to them directly and I found out that there is not a process in place where homeowners are notified when a situation like this occurs.

Mr. Vincenti: There was an ordinance that was adopted in December that vacated a paper street portion of Ticetown Road. The intention all along of this council and our recommendation was that Ticetown Road be bisected up the middle and half of the land be apportioned to all the lots that backed up to the property in Southwood and the other half be apportioned to the lot that Crystal Homes was building the new house on. When the ordinance was written it was not clear that the right-of-way would be divided up fifty-fifty. When you vacate a road (from a surveying and engineering stand point) the underlying assumption is that you apportion that up to the adjoining property owners, when you vacate a road it is split down the middle. Apparently one of the real estate attorneys reviewed the ordinance with the title company and made a determination that because the verbiage in the ordinance was vague and didn't specifically say that the center line would be established and the land apportioned up fifty/fifty – they advised our office that they felt there was an error in the description, from an engineering and surveying standpoint – I disagree with that. In an effort to make crystal clear what the intent is it was decided to redo the ordinance and correct one or two sentences in the ordinance. There is a new map to show each individual parcel to be apportioned amongst all the property owners. The first map really didn't establish all the metes and bounds description of the individual parcels to be conveyed to all of the lots. This is corrected to what a real estate lawyer and a title company feel needs to be corrected. From my perspective I think that the ordinance was fine as adopted.

Councilman Greene: Is Crystal Homes a one family house that is being constructed?

Councilman Calogera: How many homes are involved on the other side of the street?

Councilman Calogera: Half of the property is going to twelve homes and the other half is going to one lot - Is this home occupied?

Councilman Calogera: I think that seems inappropriate. Why is it divided up that way?

Mr. Vincenti: When you take a right of way that is fifty feet wide and cut it in half all the properties on left get a portion and on the right side you only have one property. They have frontage on the paper street, that is how it is legally done.

At this point Vice-president Gillespie make a map available to the council members.

Councilman Butler: Isn't this the normal process when you vacate a paper street?

Councilwoman Panos: Is there a possibility that this large portion can be sub-divided?

Mr. Vincenti: No, there was a deed restriction placed on those portions of the right-of-way that would prohibit the use for new residential dwellings Also, this particular lot with the new house is severely restricted by wetlands and in my opinion there is no way that lot could be sub-divided.

Vice-president Gillespie: If it was to be sub-divided it would have to be an application to one of our other boards. Since this is a paper street, there is no access to these lots anyway.

Mayor Phillips: I have heard outstanding things about Judge Weber. I am submitting James F. Weber as my selection for Chief Municipal Judge.

Mr. Louis Valentino: Judge Weber ruled on the case of A1 Subway Store, who was brought to court for selling cigarettes to minors. Judge Weber's ruling was a fine of $200.00 – I would hope that when these issues come before the court the court would take stronger action.

Vice-president Gillespie: This is a process that I crafted a number of years ago and I think that this is a very important item and we should take this responsibility seriously.

Councilman Testino: I will support this nomination based on my knowledge of him and his reputation amongst his peers and the good job that he has done. I think that he is a fair man and has served Old Bridge well.

Councilman Calogera: I have personally sat in court to watch the proceedings and I have seen Judge Weber a number of times and I am very comfortable with the job he has done on the bench. We may not always agree with his rulings but I think that he does an excellent job.

APPOINTMENT OF CHIEF MUNICIPAL JUDGE

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

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

WHEREAS, the Mayor has recommended James F. Weber to be appointed as Chief Municipal Judge for a term of three years from the date of appointment in accordance with N.J.S.A. 2B-12-4; and

WHEREAS, said advertisement was placed in the January 12, 2004 issue of the Home News Tribune setting forth a hearing date of February 9, 2004; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that advice and consent is hereby granted to the mayor's appointment of James F. Weber as Chief Municipal Judge of the Old Bridge Municipal Court for a term expiring on February 9, 2007.

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.

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

WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any pay out of accumulated time, $5,000.00 or greater, to be authorized by resolution; and

WHEREAS, due to resignation from her position at the Township, Alayne Shepler is entitled to a pay out of his accumulated time; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Alayne Shepler in the amount of $14,580.84.

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

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

BUS STOP RESOLUTION FOR STATE ROADS – TOWNSHIP OF OLD BRIDGE MIDDLESEX COUNTY

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

WHEREAS, the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey has received a proposal to consider certain bus stop locations along State Highway Routes 9, 18 and 34; therefore

BE IT RESOLVED by the Township Council that in accordance with N.J.S.A. Title 39:4-138.1, the Commissioner of Transportation be requested to adopt a regulation to effect the following Bus Stop locations and in accordance with the provisions of NJSA Title 39:4-198 permission is hereby granted to erect appropriate signs at the following bus stops:

a. Texas Road – (far side)
Beginning at the northerly curb line of Texas Road and extending 100' northerly therefrom.

b. Spring Valley Road – (far side)
Beginning at the northerly curb line of Spring Valley Road and extending 100' northerly therefrom.

c. Ferry Road – (near side)
Beginning at the prolongation of the southerly curb line of Ferry Road and extending 105'southerly therefrom.

d. Inverness Drive – (far side)
Beginning at the northerly curb line of Inverness Drive and extending 100' northerly therefrom.

e. Cindy Street – (near side)
Beginning at the southerly curb line of Cindy Street and extending 120' southerly therefrom.

f. Between Ticetown Road (overpass) and Cindy Street – (mid-block)
Beginning 390' south of the southerly curb line of Ticetown Road and extending 135' southerly therefrom.

g. Phillips Drive – (far side)
Beginning at the northerly curb line of Phillips Drive and extending 100' northerly therefrom.

h. Fairway Lane – (far side)
Beginning at the northerly curb line of Fairway Lane and extending 100' northerly therefrom.

i. Jake Brown Road – (far side)
Beginning at the northerly curb line of Jake Brown Road and extending 100'northerly therefrom.

j. Schulmeister Road – (far side)
Beginning at the northerly curb line of Schulmeister Road and extending 100' northerly therefrom.

k. Old Mill Road – (near side)
Beginning at the southerly curb line of Old Mill Road and extending 105' southerly therefrom.

l. Perrine Road – (near side)
Beginning at the southerly curb line of Perrine Road and extending 105' southerly therefrom.

a. Perrine Road – (far side)
Beginning at the southerly curb line of Perrine Road and extending 100' southerly therefrom.

b. Old Mill Road – (far side)
Beginning at the southerly curb line of Old Mill Road and extending 100' southerly therefrom.

c. Schulmeister Road – (far side)
Beginning at the southerly curb line of Schulmeister Road and extending 100' southerly therefrom.

d. Jake Brown Road – (far side)
Beginning at the southerly curb line of Jake Brown Road and extending 100' southerly therefrom.

e. Fairway Lane – (near side)
Beginning at the northerly curb line of Fairway Lane and extending 105' northerly therefrom.

f. Ehlers Lane – (far side)
Beginning at the southerly curb line of Ehlers Lane and extending 100' southerly therefrom.

g. Throckmorton Lane – (near side)
Beginning at the northerly curb line of Throckmorton Lane and extending 105' northerly therefrom.

h. Cindy Street – (far side)
Beginning at the southerly curb line of Cindy Street and extending 100' southerly therefrom.

i. Inverness Drive – (near side)
Beginning at the prolongation of the northerly curb line of Inverness Drive extending 105'northerly therefrom.

j. Ferry Road – (far side)
Beginning at the southerly curb line of Ferry Road and extending 100' southerly therefrom.

k. Spring Valley Road – (far side)
Beginning at the southerly curb line of Spring Valley Road and extending 100' southerly therefrom.

l. Texas Road – (near side)
Beginning at the northerly curb line of Texas Road and extending 105' northerly therefrom.

a. Pine Tree Boulevard – (far side)
Beginning at the prolongation of the northerly curb line of Pine Tree Boulevard and extending 100' northerly therefrom (Type D-Shelter)

b. Maple Street – (near side)
Beginning at the southerly curb line of Maple Street and extending 105' southerly therefrom.

c. Birch Street – (near side)
Beginning at the southerly curb line of Birch Street and extending 105' southerly therefrom.

d. Pine Street – (near side)
Beginning at the prolongation of the southerly curb line of Pine Street and extending 105' southerly therefrom.

e. Southwood Drive – (far side)
Beginning at the northerly curb line of Southwood Drive and extending 100' northerly therefrom (Type D – Shelter)

f. Ferris Road – (far side)
Beginning at the northerly curb line of Ferris Road and extending 100' northerly therefrom.

a. Route 527 overpass – (near side)
Beginning at the northerly curb line of Route 527 overpass and extending 105' northerly therefrom.

b. Farless Avenue – (near side)
Beginning at the northerly curb line of Farless Avenue and extending 105' northerly therefrom.

c. Southwood Drive – (near side)
Beginning at the prolongation of the northerly curb line of Southwood Drive and extending 105' northerly therefrom.

d. Pine Street – (near side)
Beginning at the northerly curb line of Pine Street and extending 105' northerly therefrom.

e. Birch Street – (near side)
Beginning at the northerly curb line of Birch Street and extending 105' northerly therefrom.

f. Maple Street – (near side)
Beginning at the northerly curb line of Maple Street and extending 105' northerly therefrom.

g. Pine Tree Boulevard – (near side)
Beginning at the northerly curb line of Pine Tree Boulevard and extending 105' northerly therefrom. (Type D Shelter)

h. Ferry Road – (near side)
Beginning at the northerly curb line of Ferry Road and extending 105' northerly therefrom.

a. Lexington Circle – (near side)
Beginning at the prolongation of the southerly curb line of Lexington Circle and extending 105' southerly therefrom (Type C-Shelter).

b. Canyon Wood Drive – (far side)
Beginning at the northerly curb line of Canyon Wood Drive and extending 100' northerly therefrom

c. Morristown Road – (near side)
Beginning at the southerly curb line of Morristown Road and extending 105' southerly therefrom

a. Morristown Road – (far side)
Beginning at the southerly curb line of Morristown Road and extending 100' southerly therefrom (Type C-Shelter).

b. Canyon Wood Drive – (far side)
Beginning at the prolongation of the southerly curb line of Canyon Wood Drive and extending 100' southerly therefrom (Type C-Shelter).

c. Lexington Circle – (near side)
Beginning at the prolongation of the southerly curb line of Lexington Circle and extending 105' southerly therefrom (Type C-Shelter).

a. Laurence Harbor Parkway – (far side)
Beginning at the northerly curb line of Laurence Parkway and extending 100' northerly therefrom (Type C-Shelter).

BE IT RESOLVED, that a copy of this Resolution, duly certified by the Clerk of the Township of Old Bridge, County of Middlesex, State of New Jersey be forwarded to the Department of Transportation.

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

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

RESOLUTION FOR MUNICIPAL AND COUNTRY ROADS – TOWNSHIP OF OLD BRIDGE – COUNTY OF MIDDLESEX

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

NOTE: PROPOSED BUS STOPS ARE IN BOLD PRINT. ALL OTHER LOCATIONS HAVE EXISTING SIGNING

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

That pursuant to NJSA 39:4-8(e) the following described locations are designated as bus stops:

a. Schindler Drive South – (near side)
Beginning at the westerly curb line of Schindler Drive South and extending 105' westerly therefrom.

b. Kentfield Road South – (near side)
Beginning at the westerly curb line of Kentfield Road South and extending 105' westerly therefrom.

a. Kentfield Drive North – (near side)
Beginning at the easterly curb line of Kentfield Road North and extending 105' easterly therefrom.

b. Schindler Drive North – (near side)
Beginning at the easterly curb line of Schindler Drive North and extending 105' easterly therefrom.

a. Rellim Drive – (far side)
Beginning at the westerly curb line of Rellim Drive and extending 130' westerly therefrom.

a. Between Jennifer Lane and Valley Vale Drive – (mid-block) Beginning 250' west of the westerly curb line of Jennifer Lane and extending 135' westerly therefrom.

b. Norman Lane – (near side)
Beginning at the westerly curb line of Norman Lane and extending 105' westerly therefrom.

a. Norman Lane – (far side)
Beginning at the prolongation of the westerly curb line of Norman Lane and extending 100' westerly therefrom.

b. Between Jennifer Lane and Valley Vale Drive – (mid-block)
Beginning 250' west of the prolongation of the westerly curb line of Jennifer Lane and extending 135' westerly therefrom.

a. Texas Road – (far side)
Beginning at the northerly curb line of Texas Road and extending 150' northerly therefrom.

b. Hillsboro Road – (far side)
Beginning at the northerly curb line of Hillsboro Road and extending 100' northerly therefrom.

c. Pleasant Valley Road – (far side)
Beginning at the northerly curb line of Pleasant Valley Road and extending 100' northerly therefrom.

d. Tortorice Road – (far side)
Beginning at the northerly curb line of Tortorice Road and extending 100' northerly therefrom.

e. Collins Road – (near side)
Beginning at the southerly curb line of Collins Road and extending 105' southerly therefrom.

f. Mimi Road – (far side)
Beginning at the northerly curb line of Mimi Road and extending 100' northerly therefrom. (Type A – Shelter)

g. Hilliard Road – (far side)
Beginning at the northerly curb line of Hilliard Road and extending 100' northerly therefrom.

h. Belmont Avenue – (near side)
Beginning at the southerly curb line of Belmont Avenue and extending 105' southerly therefrom. (Type A – Shelter).

i. Randolph Avenue – (near side)
Beginning at the southerly curb line of Randolph Avenue and extending 105' southerly therefrom.

j. James Avenue – (far side)
Beginning at the northerly curb line of James Avenue and extending 100' northerly therefrom.

a. Third Street – (near side)
Beginning at the northerly curb line of Third Street and extending 105' northerly therefrom.

b. Fifth Street – (near side)
Beginning at the northerly curb line of Fifth Street and extending 105' northerly therefrom.

c. Sixth Street – (far side)
Beginning at the southerly curb line of Sixth Street and extending 100' southerly therefrom.

d. Hilliard Road - (far side)
Beginning at the prolongation of the southerly curb line of Hilliard Road and extending 100' southerly therefrom.

e. Brookside Avenue – (near side)
Beginning at the northerly curb line of Brookside Avenue and extending 105' northerly therefrom.

f. Midway Road – (near side)
Beginning at the northerly curb line of Midway Road and extending 105' northerly therefrom.

g. Tortorice Road – (far side)
Beginning at the prolongation of the southerly curb line of Tortorice Road and extending 100' southerly therefrom.

h. Pleasant Valley Road – (far side)
Beginning at the prolongation of the southerly curb line of Pleasant Valley Road and extending 100' southerly therefrom.

i. Between Texas Road and Soden Lane – (mid-block)
Beginning 200' north of the northerly curb line of Texas Road and extending 135' northerly therefrom.

a. Ridge Road – (far side)
Beginning at the easterly curb line of Ridge Road and extending 100' easterly therefrom.

b. Owens Road – (far side)
Beginning at the easterly curb line of Owens Road and extending 100' easterly therefrom. (Type C-Shelter)

c. Worth Place – (near side)
Beginning at the westerly curb line of Worth Place and extending 105' westerly therefrom. (Type F-Shelter)

d. Patio Greens Drive – (far side)
Beginning at the prolongation of the easterly curb line of Patio Greens Drive and extending 100' easterly therefrom.

e. Between Angela Drive and White Oak Lane – (mid-block)
Beginning 130' west of the prolongation of the westerly curb line of Angela Drive extending 135' westerly therefrom. (at Browntown Shopping Center, at Bus Shelter)

f. Between Bushnell Road and Gaub Road – (mid-block)
Beginning 300' west of the westerly curb line of Bushnell Road and extending 135' westerly therefrom. (Type A-Shelter)

g. Between Thames Drive and Higgins Road – (mid-block)
Beginning 75' east of the easterly curb line of Thames Drive and extending 135' easterly therefrom. (Type S-Shelter)

h. Highpointe Way – (near side)
Beginning at the westerly curb line of Highpointe Way and extending 105' westerly therefrom. (Type F-Shelter)

i. Cherry Creek Drive – (near side)
Beginning at the westerly curb line of Cherry Creek Drive and extending 105' westerly therefrom.

j. Morganville Road – (near side)
Beginning at the westerly curb line of Morganville Road and extending 105' westerly therefrom.

k. Lakeridge Drive West – (far side)
Beginning at the easterly curb line of Lakeridge Drive West and extending 100' easterly therefrom.

l. Lakeridge Drive East – (near side)
Beginning at the westerly curb line of Lakeridge Drive East and extending 105' westerly therefrom.

a. Appletree Drive – (near side)
Beginning at the easterly curb line of Appletree Drive and extending 105' easterly therefrom.

b. Amboy Road – (far side)
Beginning at the westerly curb line of Amboy Road and extending 130' westerly therefrom.

c. Tall Oaks Terrace – (near side)
Beginning at the easterly curb line of Tall Oaks Terrace and extending 105' easterly therefrom.

d. Cherry Creek Drive – (far side)
Beginning at the prolongation of the westerly curb line of Cherry Creek Drive and extending 100' westerly therefrom.

e. John Partridge Road – (near side)
Beginning at the easterly curb line of John Partridge Road and extending 105' easterly therefrom.

f. Thames Drive – (far side)
Beginning at the prolongation of the westerly curb line of Thames Drive and extending 100' westerly therefrom.

g. Cottrell Road – (far side)
Beginning at the westerly curb line of Cottrell Road and extending 100' westerly therefrom.

h. Red Oak Lane – (near side)
Beginning at the easterly curb line of Red Oak Lane and extending 105' easterly therefrom.

i. Gaub Road – (far side)
Beginning at the prolongation of the westerly curb line of Gaub Road and extending 100' westerly therefrom. (Type B – Shelter)

j. Patio Greens Drive – (near side)
Beginning at the easterly curb line of Patio Greens Drive and extending 100' easterly therefrom.

k. Worth Place – (far side)
Beginning at the prolongation of the westerly curb line of Worth Place and extending 100' westerly therefrom.

l. Ridge Road – (near side)
Beginning at the prolongation of the easterly curb line of Ridge Road and extending 105' easterly therefrom.

a. Maiden Lane – (near side)
Beginning at the southerly curb line of Maiden Lane and extending 105' southerly therefrom.

b. Thames Drive – (near side)
Beginning at the southerly curb line of Thames Drive and extending 105' southerly therefrom. (Type S-Shelter)

c. Old Bridge Plaza – (near side)
Beginning at the southerly curb line of Old Bridge Plaza and extending 105' southerly therefrom.

a. Greenwood Road – (near side)
Beginning at the northerly curb line of Greenwood Road and extending 105' northerly therefrom.

b. Thames Drive – (near side)
Beginning at the prolongation of the northerly curb line of Thames Drive and extending 105' northerly therefrom.

c. Maiden Lane – (near side)
Beginning at the prolongation of the northerly curb line of Maiden Lane and extending 105' northerly therefrom.

a. Between Cliffwood Avenue and Garden State Parkway Entrance Ramp – (mid-block)
Beginning 1500' north of the northerly curb line of Cliffwood Avenue and extending 135' easterly therefrom. (Type C-Shelter)

a. Between Cliffwood Avenue and Garden State Parkway Entrance Ramp – (mid-block)
Beginning 1500' north of the prolongation of the northerly curb line of Cliffwood Avenue and extending 135' easterly therefrom.

b. Briarwood Drive – (near side)
Beginning at the northerly curb line of Briarwood Drive and extending 105' northerly therefrom.

That the Mayor and Council of the Township of Old Bridge will enforce the needed traffic regulations governing the aforementioned bus stop locations and provide the necessary police security to ensure the safety of the traveling public.

BE IT FURTHER RESOLVED that this resolution shall take effect upon approval of the Commissioner of Transportation as provided by law.

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

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

RESOLUTION AUTHORIZING THE GRANT APPLICATION FOR SAFE AND SECURE COMMUNITIES PROGRAM

WHEREAS, the Township of Old Bridge is aware of a grant given by the State of New Jersey to fund a project under the Safe and Secure Communities Program; and

WHEREAS, the Old Bridge Township Police Department wishes to apply for said grant; and

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 Old Bridge Police Department shall and is hereby authorized to apply for Safe and Secure Communities Program Grant #P-2812 at an estimated total project cost of $60,000.00

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

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

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

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

WHEREAS, the Township of Old Bridge as a contracting unit may, without advertising for bids, purchase any materials, supplies or equipment under any contract or contracts for such materials, supplies or equipment entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury pursuant to the provision of N.J.S.A 40A:11-12; and

WHEREAS, the Township Council of the Township of Old Bridge wish to evidence an agreement with the listed referenced State Contract Vendors through this resolution and a properly executed purchase order, which agreement shall be subject to all the conditions applicable to the State Contract; and

WHEREAS, the Township Council of the Township of Old Bridge wish to authorize the Purchasing Department to purchase those certain items from an approved New Jersey State Contract Vendor;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that this resolution together with properly executed purchase order shall constitute an agreement between the Township of Old Bridge and the below referenced State Contract Vendors subject to all conditions applicable to the current State Contract; and

BE IT FURTHER RESOLVED that the Township Council of the Township of Old Bridge hereby authorizes the Purchasing Department to purchase from an approved New Jersey State Contract Vendor:

VENDOR NAME
Allied Office Products, Petroleum Traders Corp.
Allied Oil Co., Q.E.D.
Allstate Office Interior, Raritan Office Supplies
Al's Auto Body, Ray's Sport Shop, Inc.
Campbell Foundry Company, Ricol Business Systems, Inc.
Cingular, Sagem-Morpho, Inc.
Dell Marketing LP, Staples
Gibralter Transmissions, Stewart Industries
Gramco Business Communications, Tanner School Furniture Corp.
International Truck of C, Verizon Wireless
Lawmen Supply of NJ, Inc., Westwood Computer Corp
Matty's Auto Parts Inc., Winner Ford
Max Finkelstein, Inc., Woodbridge Lincoln Mercury
Mirco Warehouse

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that pursuant to the rules of the Local Finance Board of the State of New Jersey no amount of this contract shall be chargeable or certified until such time as goods are ordered or otherwise called for prior to placing the order and a certification of available funds made by the Director of Finance upon receipt of a properly executed purchase order. The individual issuing the purchase order shall have the obligation of securing the necessary certification as to the availability of funds from the Director of Finance.

BE IT FURTHER RESOLVED that the duration of this authorization shall be until December 31, 2004 or upon the expiration of the vendors State Contract, whichever event first occurs.

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

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

RESOLUTION MEMORIALIZING RELEASE OF LAND DISTURBANCE PERFORMANCE BOND FOR RARITAN BAY MEDICAL CENTER

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

WHEREAS, Raritan Bay Medical Center has requested a release of the following Performance Guarantee which was posted for site clearance at Block 17000, Lots 28.11 & 28.12:

WHEREAS, a bond hearing was held on January 26, 2004 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the site and find that the site has been cleared satisfactorily.

WHEREAS, the Township Engineer has recommended a release of the Performance Guarantee and does not require the posting of a maintenance bond.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the release of the performance guarantee is hereby granted.

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

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

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

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:

RA36-04 Asher Holmes School
RA37-04 Asher Holmes School
RA38-04 Old Bridge Rotary
RA39-04 McDivitt School
RA40-04 McDivitt School

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

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

AUTHORIZING THE INCREASE OF PURCHASE ORDER TO JAMES HYLAND, ESQ. TO COVER FINAL PAYMENT FOR THE MATTER OF OLD BRIDGE ZONING BOARD VS. ALLAN JACOBS

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

WHEREAS, The Old Bridge Zoning Board of the Township of Old Bridge has recommended an increase in the purchase order to cover the final payment for litigation in the matter of Old Bridge Zoning Board vs. Allan Jacobs; and

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 purchase order to cover costs to James Hyland, Esq. for the purpose of legal representation to the Old Bridge Zoning Board be increased in the amount of $2,525.00.

2. There will not be a necessity for an additional contract to be provided as the original contract is presently on file with the Township Clerk's office.

3. The Mayor and Clerk are hereby authorized to execute any and all documents necessary to extend this purchase order.

4. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1197 certifying the existence of a sufficient appropriation to fund the said contract.

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

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

Ms. Inell Springer: Who is responsible for the lights in the Park & Ride, most of them are out? They are out on both the north and southbound sides. The parking lot is filthy and needs to be cleaned.

Mr. Shah: We are aware of the lighting problem and the Chief is looking into it.

to adjourn at 9:20 p.m. by Councilman Testino, seconded by Councilman Butler and so ordered on an all aye vote: