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COMBINED MEETING

OF THE

TOWNSHIP COUNCIL

OF THE

TOWNSHIP OF OLD BRIDGE

May 21, 2018

A Combined Meeting of the Township Council of the Township of Old Bridge was held on Monday, May 21, 2018, in the Court Room in the Municipal Complex. The meeting was called to order by President Sohor who asked all present to participate in a salute to the flag followed by a short prayer read by Councilman Paskitti. President Sohor asked for a moment of silence for all those who are in harm’s way and those who have given the ultimate sacrifice.

Township Clerk, Stella Ward announced that this meeting was 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. Next open public meeting of the Council will be held on: Monday, June 18, 2018, at 7:30 p.m.

Roll call by Ms. Ward showed the following answering present: Councilmembers Brown, Cahill, Greenberg-Belli, Merwin, Murphy, Paskitti, Razzoli, Walker, and President Sohor.

PRESENTATIONS

Mayor’s Presentation of Commendation Certificates to Members, Coaches, and Volunteers for Special Olympic Basketball Program

Coach Dan Antoniazzi presented certificates to the basketball athletes who participated in the program. He announced that they had a great season, winning gold, silver and bronze awards in the sectionals and states which were held in Wildwood New Jersey. Coach Dan Antoniazzi thanked the Township of Old Bridge including the Council, the Schools, Camp Robin, Barbara Anderson, Karen Lewicki, along with all the volunteers, parents, athletes and coaches. Also, he recognized Pete Pero, the Camp Robin Coordinator and Matt Mercurio, the Director of Parks and Recreation as well as the Coaches and Assistant Coaches involved.

PROCLAMATIONS/CERTIFICATES

The 6th Grade Academic Challenge Team at St. Ambrose

The Principal and Ms. Arrechio from St. Ambrose Middle School thanked the Council and recognized their students for their extra efforts in preparing for and ultimately winning 1st place in the Middle School Challenge Competition. They explained that they competed against twelve other schools and their 6th grade team came out on top.

Councilman Razzoli personally congratulated them on their achievement.

Grand Marshall – John Olivera

Business Administrator, Himanshu Shah spoke on behalf of the Mayor. He recognized John Olivera and spoke of his accomplishments in the US Navy, including his time on board the

Combined Meeting –May 21, 2018

Intrepid. He has also continued to volunteer and served as a Committee member on many boards. He has been notably chosen to lead the parade as the Grand Marshall this Memorial Day.

National Public Works Week

Business Administrator, Himanshu spoke on behalf of the Mayor. He mentioned the exemplary service Kyle Harris, our current Public Works Director, has demonstrated. He and his department are being recognized for the vital role they play in providing, maintaining, and ensuring the highest quality of life for our community. All federal, state, county and local levels of the Public Works Departments will be honored from the week of May 20 to the 26, 2018. Also recognized were the contributions and efforts made by our Parks and Recreation employees who continuously assist the township during emergency and snow related times.

APPROVAL OF MINUTES OF PREVIOUS MEETING

Combined Meeting Minutes March 19, 2018

RESOLUTION NO 192-18

APPROVAL OF MINUTES

Approving the following Minutes

Combined Meeting – March 19, 2018

Moved by Councilwoman Greenberg-Belli, seconded by Councilman Murphy and so ordered on the following roll call vote:

AYES: Councilmembers Brown, Cahill, Greenberg-Belli, Merwin, Murphy, Paskitti, Razzoli, Walker and President Sohor

NAYS: None

BILL LISTING


BILL LIST

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

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of May 21, 2018, 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 May 21, 2018 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 $9,318,080.25 (May 21, 2018 Accounts Payable)

Moved by Councilwoman Greenberg-Belli, seconded by Councilman Murphy and so ordered on the following roll call vote:


NAYS: None


BILL LIST




NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of May 21, 2018 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 $904,010.29 (May 21, 2018 Payroll)

Moved by Councilman Paskitti, seconded by Councilwoman Greenberg-Belli and so ordered on the following roll call vote:


NAYS: None


BILL LIST





NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of May 21, 2018 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 $30,278.50 (May 21, 2018 Payroll Overtime)

Moved by Councilman Paskitti, seconded by Councilwoman Greenberg-Belli and so ordered on the following roll call vote:


NAYS: None

Prior to the roll call vote the following discussion took place.

Business Administrator, Himanshu Shah discussed the overall overtime in the amount of $30,278.50. The police overtime was $23, 673.89, minus $4,408.36 in grants, and deducting the ETO credit of $5,285.04; which leaves a net of $13,980.49. This represents 475 men/women hours with two police officers injured and on light duty.

PUBLIC HEARINGS AND ORDINANCES FOR SECOND READING

H-1 Release/Reduction Performance Guarantee Lancha Construction Corp Block 23000 Lot 2 Application #15-17Z

The Township Engineer, Nicole Shapiro described the site on Route 527 east with dual frontage on Pension Road. The applicant rehabilitated a building on site and added an additional building for storage. The bonded improvement items were landscaping and fencing. She recommends a release of the Performance Guarantee.

President Sohor opened this matter to the public. Seeing no hands she closed the public portion.

MOTION

Moved by Councilman Murphy, seconded by Councilman Razzoli and so ordered on the following roll call vote:


NAYS: None

H-2 Release/Reduction Performance Guarantee Wawa Store #934 (67 Hwy 34 Matawan) Diesel Modification Appl #13-12Z Bond #106361469

Township Engineer, Nicole Shapiro discussed how the applicant, Wawa, removed two gasoline tanks and replaced them with underground diesel tanks. The site improvements included the pavement around the tanks and the tanks themselves. The site was satisfactorily inspected after all the work had been done. She recommends a release of the Performance Guarantee.


Councilman Merwin stated that the computer showed conflicting reports on line.

Councilman Cahill confirmed that the backup reports were not for the Wawa.


Township Engineer, Nicole Shapiro apologized and said that she will forward the information to the Council.

Councilman Murphy moved this after hearing of no outstanding problems.

MOTION



NAYS: None

H-3 Release/Reduction Performance Guarantee Wawa Store # 940 (1453 Route 18, Old Bridge) Trash Enclosure Bond #106451939 Appl #30-15P

Township Engineer, Nicole Shapiro explained that this Wawa store is the one on Route 18 and that they are creating a new structure to house a compactor and dumpster. The improvements include paving, constructing a concrete pad, along with fencing and striping of that area as well. She recommended a release of the Performance Guarantee after inspection of the premises.


MOTION

Moved by Councilman Merwin, seconded by Councilman Murphy and so ordered on the following roll call vote:


NAYS: None

ORDINANCE(S) FOR SECOND READING

Ord #1 #2018-13 An Ordinance Granting Municipal Consent for the Operation of a Cable Television System Within the Township of Old Bridge NJ to CSC TKR, LLC D/B/A Cablevision of Raritan Valley


ORDINANCE NO 2018-13

AN ORDINANCE GRANTING MUNICIPAL CONSENT FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE TOWNSHIP OF OLD BRIDGE, NEW JERSEY TO CSC TKR, LLC D/B/A CABLEVISION OF RARITAN VALLEY

WHEREAS, The Township of Old Bridge hereby grants to CSC TKR, LLC, d/b/a Cablevision of Raritan Valley, (hereinafter referred to as “the Company” or “Cablevision”) its non-exclusive consent to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables,


and fixtures necessary for the maintenance and operation in the Township of Old Bridge of a cable television system and cable communication system. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the board of Public Utilities.

WHEREAS, the governing body of the Township of Old Bridge (hereinafter referred to as the “Township”) determined that CSC TKR, LLC, d/b/a Cablevision of Raritan Valley, (hereinafter referred to as “the Company” or “Cablevision”) had the technical competence and general fitness to operate a cable television system in the Township, and by prior ordinance granted its municipal consent for Cablevision to obtain a non-exclusive franchise (the “Franchise”) for the placement of facilities and the establishment of a cable television system in the Township; and

WHEREAS, by application for renewal consent filed with the Township and the Office of Cable Television on or about January 27, 2017, Cablevision has sought a renewal of the Franchise; and

WHEREAS, the Township having held public hearings has made due inquiry to review Cablevision’s performance under the Franchise, and to identify the Township‘s future cable-related needs and interests and has concluded that Cablevision has substantially complied with its obligations under the Franchise and applicable law and has committed to certain undertakings responsive to the Township’s future cable-related needs and interests;

WHEREAS, the governing body of the Township has accordingly concluded that the consent should be renewed subject to the requirements set forth below; and that, provided Cablevision’s proposal for renewal embodies the commitments set forth below, the Township’s municipal consent to the renewal of the Franchise should be given; and

WHEREAS, imposition of the same burdens and costs on other competitors franchised by the Township is a basic assumption of the parties;

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

SECTION 1. DEFINITIONS

For the purpose of this Ordinance the terms defined above shall have the meanings there indicated and the following additional terms shall have the following meanings:

(a) “Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.

(b) “Application” shall mean Cablevision’s application for Renewal of Municipal Consent, which application is on file in the Township Clerk’s office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this Ordinance.

(c) “Board” shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.

(d) “Township” shall mean the governing body of the Township Old Bridge in the County of Middlesex, and the State of New Jersey.

(e) “Company” shall mean CSC TKR, LLC, d/b/a Cablevision of Raritan Valley (“Cablevision”) the grantee of rights under this Ordinance.

(f) “FCC” shall mean the Federal Communications Commission.


(g) “Federal Act” shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.

(h) “Federal Regulations” shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or as such regulations may be amended.

(i) “Standard installation” shall mean the installation of drop cable to a customer’s premise where the distance from the point of entry into the building being served is less than 150 feet from the active cable television system plant.

(j) “State” shall mean the State of New Jersey.

(k) “State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.

SECTION 2. STATEMENT OF FINDINGS

A public hearing concerning the consent herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of Cablevision to receive this consent, the Township hereby finds Cablevision possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that Cablevision’s operating and construction arrangements are adequate and feasible.

SECTION 3. GRANT OF AUTHORITY

The Township hereby grants to Cablevision its non-exclusive consent to place in, upon, along, across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the Township of a cable television system or other communications facility, and for the provision of any communication service over such facilities. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.

SECTION 4. DURATION OF FRANCHISE

This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the date of issuance of a Certificate of Approval by the Board.

SECTION 5. EXPIRATION AND SUBSEQUENT RENEWAL

If Cablevision seeks successive consent, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and applicable state and federal rules and regulations. In accordance with N.J.S.A. 48:5A-25.1, both the Township and Cablevision shall be bound by the terms of this municipal consent until such time as Cablevision converts the municipal consent (and any certificate of approval) into a system-wide franchise.

SECTION 6. FRANCHISE TERRITORY

The consent granted under this Ordinance to Cablevision shall apply to the entirety of the Township and any property hereafter annexed.

SECTION 7. SERVICE AREA


Cablevision shall be required to proffer video programming service along any public right-of-way to any person’s residence or business within the portion of the Franchise territory, as described in the Application for municipal consent, at Cablevision’s schedule of rates for standard and nonstandard installation.

SECTION 8. EXTENSION OF SERVICE

Commercial and residential entities will be proffered service in accordance with the Company’s line extension policy as identified in the Application.

SECTION 9. FRANCHISE FEE

Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Township, as an annual franchise fee, a sum equal to two percent (2%) of the actual gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Township. In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the Township and Cablevision shall negotiate in good faith with respect to the amount thereof; provided, however, that nothing herein shall be construed to permit the Township to require payment of a franchise fee by Cablevision that is higher than the fee paid by all other cable television service providers offering service in the Municipality.

SECTION 10. FREE SERVICE

Cablevision shall, upon written request, provide free of charge, one (1) standard installation and monthly cable television reception service to all State or locally accredited public schools and all municipal public libraries, as well as municipal buildings located within the Township.

Upon written request from the Township, the Company shall provide to state and locally accredited elementary and secondary schools and municipal public libraries in the Township, without charge, the following: (1) one standard installation per school or library; (2) one cable modem per installation; and, (3) basic cable modem service for the term of this Ordinance for each installation. This offer shall be subject to the terms, conditions and use policies of the Company, as those policies may exist from time to time.

Upon written request from the Township, the Company shall provide to (1) one municipally owned facility, without charge, the following: (1) one standard installation; (2) one cable modem per installation; and (3) basic cable modem service for the term of this Ordinance for each installation. This offer shall be subject to the terms, conditions and use policies of the Company as those policies may exist from time to time.

SECTION 11. CONSTRUCTION/SYSTEM REQUIREMENTS

Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable State and federal law. The Company shall be subject to the following additional construction requirements with respect to the installation of its cable plant and facilities in the Township:

(a) In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace such disturbances in as good a condition as existed prior to the commencement of said work.

(b) If at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Township shall remove or relocate its equipment, at the Company’s own expense.


(c) Upon request of a person holding a building or moving permit issued by the Township, the Company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work. The expense of any such temporary removal or relocation shall be paid in advance to the Company by the requesting party, except when requested by the Township of Old Bridge, in which case the Company shall bear the cost. In such cases, the Company shall be given not less than fourteen (14) days prior written notice in order to arrange for the changes required.

(d) During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Township so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company. Such trimming shall be only to the extent necessary to maintain proper clearance for the Company’s facilities.

SECTION 12. TECHNICAL AND CUSTOMER SERVICE STANDARDS

Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable federal and State laws, rules and regulations.

SECTION 13. LOCAL OFFICE OR AGENT

Cablevision shall establish and maintain during the entire term of this consent a local area business office or agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters. Said office shall be open daily during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.

SECTION 14. DESIGNATION OF COMPLAINT OFFICER

The Office of Cable Television is hereby designated as the complaint officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.

SECTION 15. LIABILITY INSURANCE

Cablevision agrees to maintain and keep in full force and effect at its sole cost at all times during the term of this consent, sufficient liability insurance naming the Township as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of five-hundred thousand dollars ($500,000) for bodily injury or death to one person, and one million dollars ($1,000,000) for bodily injury or death resulting from any one accident or occurrence stemming from or arising out of the Company’s exercise of its rights hereunder.

SECTION 16. PERFORMANCE BOND

Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this Agreement, a bond to the municipality in the amount of twenty-five thousand dollars ($25,000.00). Such bond shall be to insure the faithful performance of all undertakings of the company as represented in its application and incorporated herein.

SECTION 17. RATES

A. The rates of the Company for cable television service shall be subject to regulation to the extent permitted by federal and State law.

B. Cablevision shall implement a senior citizen discount in the amount of ten percent (10%) off the monthly broadcast basic level of cable television service rate to any person sixty-two (62) years of age or older, who subscribes to cable television services provided by the Company, subject to the following:


(i) Such discount shall only be available to eligible senior citizens who do not share the subscription with more than one person in the same household who is less than sixty-two (62) years of age; and,

(ii) In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount must meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,

(iii) The senior discount herein relates only to the broadcast basic level of cable television service, and shall not apply to any additional service, feature, or equipment offered by the Company, including any premium channel services and pay-per-view services; and,

(iv) Senior citizens who subscribe to a level of cable television service beyond expanded basic service, including any premium or per channel a la carte service, shall not be eligible for the discount; and,

C. The Company shall have no further obligation to provide the senior discount herein in the event that (a) the Company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1; or (b) upon Board approval of a certification that another cable television service provider offering services to residents of the Township files, in accordance with N.J.S.A. 48:5A-30(d), is capable of serving sixty percent (60%) or more of the households within the Township. In the event the Company does cease providing a senior discount pursuant to this provision, it shall comply with all notice requirements of applicable law.]

SECTION 18. EMERGENCY USES

Cablevision shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Township pursuant to state and federal requirements. The Company shall in no way be held liable for any injury suffered by the Township or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein. The Township shall utilize the state-approved procedures for such emergency uses.

SECTION 19. EQUITABLE TERMS

In the event that the service of another multi-channel video program provider not subject to the Township’s regulatory authority within the Township creates a significant competitive disadvantage to Cablevision, the Company shall have the right to request from the Township lawful amendments to its Franchise that relieve it of burdens which create the unfair competitive situation. Should the Company seek such amendments to its Franchise, the parties agree to negotiate in good-faith appropriate changes to the Franchise in order to relieve the Company of such competitive disadvantages. If the parties can reach an agreement on such terms, the Township agrees to support the Company's petition to the Board for modification of the consent in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.

If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Township acknowledges that the Company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Township shall be under no obligation to support Cablevision's request for such relief from the Board.

In any subsequent municipal consent, Township shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Township’s regulatory authority as those contained in the instant consent. In the event such subsequent consent does not contain the same terms and conditions as the instant consent, Township agrees to support the Company's petition to the Board for modification of the consent


in accordance with NJSA 48:5A-47 and NJAC 14:17-6.7 to relieve the Company of competitive disadvantages identified in the Company's petition.

SECTION 20. REMOVAL OF FACILITIES

Upon expiration, termination or revocation of this Ordinance, Cablevision at its sole cost and expense and upon direction of the Board, shall remove the cables and appurtenant devices constructed or maintained in connection with the cable services authorized herein, unless Cablevision, its affiliated entities or assignees should, within six (6) months after such expiration, termination or revocation obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications.

SECTION 21. PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS

A. Cablevision shall continue to make available non-commercial public, educational and governmental (PEG) access services available to the residents of the Township as described in the Application for municipal consent. All Cablevision support for PEG access shall be for the exclusive benefit of Cablevision’s subscribers.

B. The Township agrees that Cablevision shall retain the right to use the PEG access channel, or portion thereof, for non-PEG access programming, during times when the Township is not utilizing the channel for purposes of providing PEG access programming. In the event that the Company uses said PEG access channel for the presentation of such other programming, the PEG programming shall remain the priority use and the Company’s rights with respect to using the channel for non-PEG programming shall be subordinate to the Township’s provision of PEG access programming on such channel.

C. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this Section 21.

D. Cablevision shall construct and maintain a fiber access return lines at One Old Bridge Plaza, for use by the Township in the production of non-commercial educational and governmental access programming on the cable system.

E. In consideration for the rights granted in this Ordinance, Cablevision shall provide the Township with: (1) an initial grant payment of Ten Thousand Eight Hundred dollars ($10,800.00) payable within 90 days of the issuance of the Certificate of Approval by the Board of Public Utilities (the “Initial Grant”); and (2) a grant up to Seventy Nine Thousand, Two Hundred dollars ($79,200.00) provided in annual installments of Eight Thousand Eight Hundred dollars ($8,800.00) each, upon written request by the Township (the “Annual Grant). Each installment of the Annual Grant shall be payable to the Township annually during the term of this Franchise, within ninety (90) days from receipt of the Township’s written request. Cablevision shall not be obligated to make any additional payments beyond year ten of this franchise term.

F. The Township agrees that the Initial Grant and the Annual Grant provided pursuant to Paragraph E shall be used by the Township for any cable and/or other telecommunications related purpose and/or for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Township shall provide Cablevision with a certification of compliance with this Section 21(F).

G. The Company shall have no further obligation to provide any PEG grant payments due and payable after the date upon which the Company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1.

SECTION 22. INCORPORATION OF APPLICATION


All of the commitments contained in the Application and any amendment thereto submitted in writing to the Township by the Company except as modified herein, are binding upon Cablevision as terms and conditions of this consent. The Application and any other written amendments thereto submitted by Cablevision in connection with this consent are incorporated in this Ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.

SECTION 23. CONSISTENCY WITH APPLICABLE LAWS

This consent shall be construed in a manner consistent with all applicable federal, State and local laws; as such laws, rules and regulations may be amended from time to time.

SECTION 24. SEPARABILITY

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.

SECTION 25. NOTICE

Notices required under this Ordinance shall in writing and shall be mailed, first class, postage prepaid, to the addresses below. Either party may change the place where notice is to be given by providing such change in writing at least thirty (30) days prior to the time such change becomes effective. The time to respond to notices under this Ordinance shall run from receipt of such written notice.

Notices to the Company shall be mailed to:

Altice USA, Inc.

1 Court Square West

Long Island City, NY 11101

Attention: Vice President for Government/Public Affairs, New Jersey

With a copy to:

CSC TKR, LLC, d/b/a Cablevision of Raritan Valley

c/o Altice USA, Inc.

1 Court square West

Long Island City, NY 11101

Attention: Legal Department

Notices to the Township shall be mailed to:

Township of Old Bridge

One Old Bridge Plaza

Old Bridge, New Jersey 08857

Attention: Township Administrator

SECTION 26. EFFECTIVE DATE AND BOARD OF PUBLIC UTILITY APPROVAL

This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities that incorporates the material terms of this Ordinance. Nothing


herein shall alter the right of the Company to seek modification of this Ordinance in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with N.J.S.A. 48:5A-25.1, the terms of this Ordinance will no longer be in effect upon Cablevision converting the municipal consent (and any certificate of approval) into a system-wide franchise.

BE IT FURTHER ORDAINED that this Ordinance shall take effect upon the passage, and publication as required by law.


AYES: Councilmembers Brown, Greenberg-Belli, Merwin, Murphy, Paskitti, Razzoli, Walker, President Sohor.

NAYS: None

ABSTAIN: Councilman Cahill


Councilman Cahill explained that he will be abstaining from this as he is a Senior Director at another cable company.

Councilman Murphy stated that Councilman Paskitti did a great job.

ORD #2 #2018-14 Amending Old Bridge Code Chapter 10 Entitled “Vehicle & Traffic” Ordinance (Poor Farm Road & Cheesequake Road)



AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING CHAPTER 10 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE, ENTITLED “OLD BRIDGE TOWNSHIP VEHICLE AND TRAFFIC ORDINANCE” BY AMENDING VARIOUS SECTIONS OF SAME

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to amend Chapter 10, section 10-10 of the Old Bridge Township Code Chapter 10 Vehicle and Traffic.

SECTION 2: AMENDMENTS TO §10-10 “VEHICLES IN EXCESS OF DESIGNATED WEIGHT. [AMENDED 7-17-2006 BY ORD. NO. 34-2006]” of the Code of the Township of Old Bridge is hereby amended as follows (deletions have strikethrough; additions are bold and underlined):

§ 10-10. Vehicles in excess of designated weight. [Amended 7-17-2006 by Ord. No. 34-

2006]

Vehicles over designated weight excluded from certain streets. Vehicles over the registered gross weight are hereby excluded from the streets or parts of streets described except for the pickup and delivery of materials on such streets or for officially designated bus routes:


Name of Street Weight (tons) Location

Anchor Boulevard 4 Entire length

Athens Avenue 4 Entire length

Austin Avenue 4 Entire length

Balmoral Avenue 4 Entire length

Bates Court 4 Entire length

Bayview Drive 4 Entire length

Bentley Avenue 4 Entire length

Birch Street 4 Entire length

Briarwood Drive 4 Entire length

Brookside Avenue 4 Old Bridge-Englishtown

Road (CR No. 527) to westerly terminus

Brookside Avenue 4 Route NJ 35 to Laurence

Parkway (CR No.626)

Bryant Lane 4 Entire length

Bushnell Road 4 Entire length

Cheesequake Road 4 Bordentown Avenue

(CR No. 614) to Poor Farm Road Perrine Road

Cindy Street 4 Route US 9 to Margaret

Street


Clemson Road 4 Entire length

Collins Road 4 Entire length

Cornell Road 4 Entire length

Crawford Place 4 Entire length

Disbrow Road 4 Entire length

East Greystone Road 4 Entire length

Ferris Road 4 Entire length

Fifth Street 4 Entire length

First Street 4 Entire length

Fourth Street 4 Entire length


Gaub Road 4 Entire length

Greenwood Avenue 4 Entire length

Harding Road 4 Entire length

Hilliard Road 4 Entire length

Madison Avenue 4 Entire length

Maple Street 4 Entire length

Marsad Drive 4 Entire length

McKinley Avenue 4 Entire length

Midway Road 4 Entire length

Mimi Road 4 Entire length

Morningside Avenue 4 Entire length

Oak Street 4 Entire length

Old Matawan Road 4 Entire length

Orchard Avenue 4 Entire length

Owens Road 4 Entire length

Poor Farm Road 4 From US Highway 9 to

Cheesequake Road

Phillips Drive 4 Entire length

Pine Street 4 Entire length

Pleasant Valley Road 4 From Old Bridge –

Englishtown Road (CR

No. 527) to Marlboro Road

Prospect Avenue 4 Entire length

Ridge Road 4 Entire length

Rutgers Road 4 Entire length

Schoolhouse Lane 4 Entire length

Second Street 4 Entire length

Seventh Street 4 Entire length

Sherwood Lane 4 Entire length

Sixth Street 4 Entire length

Southwood Drive 4 Entire length

Sunset Avenue 4 Entire length

Tara Drive 4 From Route NJ 35 to


Laurence Parkway (CRNo. 626)


Thames Drive 4 Entire length

Third Street 4 Entire length

Throckmorton Lane 4 Entire length

Tortorice Road 4 Entire length

Worth Place 4 Entire length

***

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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

SECTION 5: EFFECTIVE DATE

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 N.J.S.A. 40:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 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 N.J.S.A. 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.

SECTION 6: NOTICE AND PUBLICATION

A. At least three copies of said full Ordinance are on file in the Office of the Municipal Clerk for public examination and acquisition. Copies are available for inspection or acquisition during regular weekday working hours and arrangements have been made for the publication of said proposed Ordinance in pamphlet or other similar form which will be available for purchase from the Township Clerk.

Moved by Councilman Murphy, seconded by Councilwoman Walker and so ordered on the following roll call vote:

AYES: Councilmembers Brown, Cahill, Greenberg-Belli, Merwin, Murphy, Paskitti, Razzoli, Walker, President Sohor


NAYS: None

PUBLIC COMMENTS

Richard Epifania, from Freehold Road in Manalapan, spoke on the Shade Tree Commission. He asked why paperwork needs to be brought to Gary Lovallo’s house instead of the township to be approved. Also, he stated that the rules prohibit him from working in Old Bridge; however, he claims that Mr. Lovallo did.

Nicki Montaperto, from Macbeth Drive, spoke about the needed repairs to Ticetown Road going from Higgins Road to Route 79. She described the hazardous condition it is in and asked if there are any plans to fix it.

Township Engineer, Nicole Shapiro stated that it is scheduled to be done next year.

President Sohor suggested that we could ask Marlboro if they have any plans to repair their portion of it.

Nicki Montaperto wondered if she could include the three towns and have them all come up with a collective solution; before next year.

President Sohor explained that we can reach out to the other towns and get everyone together to see what can be done.

Brian Murphy, of Bushnell Road stated how glad he is that the Council recognizes our community with Proclamations, Presentations and Certificates. He too would like to recognize all our EMS workers in honor of National EMS Week. He personally thanked Erin Cassay and Lisa Guiliano, along with Old Bridge First Aid and Rescue, Central Old Bridge Emergency Medical Services, Cheesequake Volunteer First Aid, Madison Park Volunteer First Aid, Laurence Harbor First Aid, and OBTEMS. He further said if there were more companies that he might have missed, he wishes to thank them also.

COUNCILMEMBER COMMENTS

Councilman Murphy wanted to thank Kyle Harris, Director of Public Works. He has been very helpful and responsive to him and the residents in his ward. He also recognized Township Engineer, Nicole Shapiro for being as helpful and responsive.

Councilman Merwin also appreciated the attention that the Public Works Director, Kyle Harris gave to the waterfront. The residents were very pleased and even applauded him while he and his team were there cleaning up the area. He also commented on it being National EMS Week, but was dismayed that they did not get any recognition. He proposed that we offer our Volunteer Fire and EMS workers a 15% tax deduction along with free before and after school programs. He feels that this will help with recruitment and retention and he would like to see the Council discuss this.

Councilman Razzoli congratulated the children that were recognized here tonight. He was very pleased that we had athletic and academic awards presented and is very proud of the children in our community.

Councilwoman Walker thanked our former Mayor, Art Haney for being instrumental in seeing the need for a new library. She attended the 25th celebration over the weekend and was very pleased to be there. They have so many programs available for every age. You can check it out online or go in person.


Councilman Murphy asked to be informed of any special events going on in town. He expressed how much he enjoys these and would like to be notified in advance so he can plan accordingly.

REPORT OF THE TOWNSHIP CLERK

None

REPORT OF THE TOWNSHIP ATTORNEY

None

ADMINISTRATIVE REPORT

MEMORANDUM

TO: Mayor and Members of Township Council

FROM: Himanshu R. Shah, Business Administrator

SUBJECT: Administrative Report – May 21, 2018

DATE: May 21, 2018

1. 2018 MEMORIAL DAY CEREMONY. On May 25, 2018, Mayor Henry will be holding a Memorial Day Wreath Laying Ceremony at the Senior Center. The ceremony is scheduled to begin at 10:30 AM. For additional information, residents should contact the Mayor’s Office at (732) 721-5600 ext. 2040.

2. 2018 MEMORIAL DAY HOLIDAY. On May 28, 2018 all municipal offices will be closed in observance of the Memorial Day Holiday.

3. 2018 MEMORIAL DAY PARADE. On May 28, 2018, the Township will be holding its annual Memorial Day Parade. The event will begin at 9:00 AM. For additional information about this event, residents should contact the Department of Parks and Recreation at (732) 721-5600 ext. 4999 or visit the Township Website at www.oldbridge.com

4. MAYOR HENRY’S CLEAN TEAM. On Saturday, June 2, 2018 Mayor Henry and volunteers from The Madison Township Historical Society, Girl Scouts Troop #81779, Old Bridge Cougars football, Old Bridge Red Knights 10U, Schirra School PTA and the Old Bridge High School French Honor Society will be cleaning up various roadways throughout the Township. For additional information residents should email: [email protected].

5. RECYCLING BINS. In addition to being available in the office on weekdays, Recycling bins are now available at the Recycling Center on Saturdays from 7am to 3pm. Bins are $10 each, cash or check only. Please see the Recycling Attendant at the booth for details.

6. NATIONAL HEALTH AND NUTRITION EXAMINIATION SURVEY. The National Center for Health Statistics, part of the Centers for Disease Control and Prevention, is conducting a major study of the health of persons living in the United States. Middlesex County, NJ has been randomly selected as one of the survey locations. Their personnel will be conducting the survey in Middlesex County beginning June 8 through August 29, 2018 where a sample of about 638 people from Middlesex County will be asked to participate in the survey. Should you need any additional information or have any questions, please feel free to contact the local Study Manager, Janis Eklund at (800) 379-9389.


7. OB PARKS AND RECREATION ROCK GARDEN- The Department of Parks and Recreation has started a Rock Garden outside the Civic Center entrance closest to the parking lot. This was created by our Art Instructor Miss Stacey. Children in our Art Class paint rocks and leave them to beautify that entrance. We will also have the Silver Linings Center Art class add their rocks to the garden. If anyone would like to paint a rock and leave it in the Rock Garden, please feel free to do so. Any questions contact the Recreation Department at 732-721-5600 ext. 4999.

8. HOUSING REHABILITATION PROGRAM. The Township consultants, CGP&H, markets affordable homes for sale to applicants on the waiting list, verifies buyers income, coordinates with mortgage providers, prepares closing documents/deed restrictions, and attends closings. Three homes have been sold in the last 12 months. There are 4,134 applicants on the waiting list to purchase an affordable home in Old Bridge.

MOTION

Motion to accept the Administrative Report made by Councilwoman Greenberg-Belli, seconded by Councilman Paskitti and so ordered on the following roll call vote:


NAYS: None

CONSENT AGENDA



REVISED GUDPA APPROVED BANKS AND BROKERAGE FIRMS RESOLUTION

Be it resolved by the Township Council of the Township of Old Bridge, County of Middlesex, that for the year 2018.

The following Government Unit Depository Protection Act approved banks are authorized depositories for deposit of funds:

Amboy National Bank Bank of America TD Bank North, NA

Columbia Savings Bank Investor Savings Bank Peapack-Gladstone Bank

Kearny Federal Savings Provident Bank PNC Bank

Magyar Bank 1st Constitution Bank Capital One Bank

Sun National Bank JP Morgan Bank Wells Fargo Bank, NA

NY Community Bank Santander Bank BCB Community Bank

Also, the following brokerage firms and dealers with whom the designated officials may deal, should be included:

First Albany Corp. Wells Fargo PNC Capital Markets

Chase Manhattan Bank

Moved by Councilman Greenberg-Belli, seconded by Councilman Razzoli and so ordered on the following roll call vote:



NAYS: None


RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) BOBCAT TOOLCAT 5600 WITH 72” SNOWBLADE FOR THE TOWNSHIP OF OLD BRIDGE RECREATION DEPARTMENT UNDER ESCNJ Co-Op Contract #65MCESCCPS

WHEREAS, the Township of Old Bridge wishes to purchase one (1) Bobcat 5600 Toolcat with accessories for the Township of Old Bridge Recreation Department; and

WHEREAS, Bobcat of Central Jersey, having an address at 45 Route 22 East, Green Brook, New Jersey 08812, is an authorized vendor to sell said equipment through the State approved ESCNJ Co-Op Contract #65MCESCCPS; and

WHEREAS, the Township of Old Bridge wishes to purchase one (1) Bobcat 5600 Toolcat with 72” snowblade and accessories under ESCNJ Co-Op Contract #65MCESCCPS, the aforesaid for the amount of $72,961.74, in accordance with the written quotation received from Bobcat of Central Jersey, a copy of which is on file with the Finance Department.

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

1. It does hereby approve the purchase of one (1) Bobcat Toolcat 5600 in accordance with the quotation received from Bobcat of Central Jersey, located at 45 Route 22 East, Green Brook, New Jersey 08034, pursuant to State Contract #A88728 in the amount of $72,961.74.

2. The award of the contract is contingent upon the issuance of a Certification ofAvailability of Funds # 2538 certifying the existence of a sufficient appropriation to fund the said contract.

3. The Mayor and Township Clerk or other appropriate Township Officials are hereby authorized to sign the contract documents necessary to effectuate the purchase of the aforesaid vehicles.

This Resolution is conditioned upon the following:

A. To the extent required, execution of the appropriate contract documents to be signed by the appropriate Township Officials.

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

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

Moved by Councilwoman Greenberg-Belli, seconded by Councilman Razzoli and so ordered on the following roll call vote:


NAYS: None



RESOLUTION AUTHORIZING AWARD OF CONTRACT #2018-42 TO HALECON, INC. FOR VETERANS PARK BASKETBALL COURT IMPROVEMENTS LOCATED WITHIN OLD BRIDGE TOWNSHIP

WHEREAS, the Township of Old Bridge publicly advertised and received bids on May 1, 2018 in accordance with the requirements the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. for Contract #2018-42 for the improvements of the Veterans Park Basketball Court; and

WHEREAS, three (3) responsive bids were received as follows:

1. Halecon, Inc. $ 77,500.00

2. Performance Flooring Systems $116,876.60

3. Picerno-Giordano Construction $114,141.00

WHEREAS, the Township Business Administrator and Director of Recreation have recommended that a contract be awarded to Halecon, Inc., as they submitted the lowest responsible bid; and

WHEREAS, the Township Council wishes to award the contract for the Basketball Court Improvements in Veterans Park.

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. Halecon, Inc. having principal offices located at 136 Billian Street, Bridgewater, New Jersey 07880 is hereby awarded a contract in the amount not to exceed $77,500.00 for the improvements to the Basketball Court in Veterans Park in accordance with the bid proposal on file with the Finance Department and Township Clerk, of the Township of Old Bridge.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 2539 certifying the existence of a 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 and approve any and all contractual documents prepared in furtherance of this award.


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

B. Said contractor meeting all necessary conditions of the bid specifications.

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



NAYS: None



RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2018 FORDINTERCEPTOR UTILITY VEHICLE FOR THE TOWNSHIP OF OLD BRIDGECODE ENFORCEMENT DEPARTMENT UNDER STATE CONTRACT #A88728

WHEREAS, the Township of Old Bridge wishes to purchase one (1) 2018 FordInterceptor Utility Vehicle under State Contract #A88728 for the Township of Old Bridge Code Enforcement Department; and

WHEREAS, Winner Ford, having an address at 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey 08034, has been awarded State Contract #A88728 for purposes of selling said vehicles; and

WHEREAS, the Township of Old Bridge wishes to purchase from Winner Ford under State Contract #A88728 the aforesaid vehicle for the amount of $27,542.00, in accordance with the written quotation received from Winner Ford, a copy of which is on file with the Finance Department.


1. It does hereby approve the purchase of one (1) 2018 Ford Interceptor Utility Vehicle in accordance with the bid quotation received from Winner Ford, located at 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey 08034, pursuant to State Contract #A88728 in the amount of $27,542.00.









NAYS: None



RESOLUTION ACKNOWLEDGING THE OLD BRIDGE POLICE DEPARTMENT'S APPOINTMENT OF NEW POLICE OFFICERS

WHEREAS, the Township of Old Bridge required the hiring of new candidates for the Police Department; and

WHEREAS, the following candidates were sworn in as follows:

NAME DATE

Eliot Peres April 23, 2018

William Dugan April 23, 2018

Melissa Wines April 23, 2018

Daniel Avella April 23, 2018

Natalia Kim April 23, 2018

NOW, THEREFORE BE IT RESOLVED, that the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey does hereby confirm that the above officers were sworn in on the dates shown above.

Moved by Councilman Greenberg-Belli, seconded by Councilman Razzoli and so ordered on the following roll call vote:


NAYS: None


AUTHORIZING ADOPTION AND SUBMISSION OF THE 2018 ANNUAL ACTION PLAN

WHEREAS, the Housing and Community Development Act of 1974, as amended, provides for a program of Community Development Block Grants; and

WHEREAS, the Township of Old Bridge is an entitlement municipality as defined under said Act and is eligible for financial assistance; and

WHEREAS, the Township of Old Bridge has prepared a 2018 Annual Action Plan for CDBG Programs; and

WHEREAS, the 2018 Annual Action Plan addresses and contains Old Bridge Township’s Housing and Non- Housing Needs, Objectives, Proposed Projects and other require statements; and

WHEREAS, the purpose of the 2018 Annual Action Plan is to establish a plan for housing and non-housing assistance; and

WHEREAS, formula allocation for the Community Development Block Grant Program is $269,621 with approximately $23,246 in Recaptured Funds available. The activities to be undertaken include public facilities improvements, infrastructure reconstruction, and public services.

WHEREAS, the Township of Old Bridge has, pursuant to the Housing and Community Development Act of 1974, as amended, and the Consolidated Plan requirements solicited citizen


comments and recommendations as to the 2018 Annual Action Plan for the Community Development Program and has held meetings for such purposes; and

WHEREAS, the Township of Old Bridge held public meetings for the purpose of providing citizens with an opportunity to participate in the preparation of the application; and

WHEREAS, the 2018 Annual Action Plan for said grant conforms to the Plan requirements as contained in federal regulations;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Township of Old Bridge in the County of Middlesex, State of New Jersey, being the Governing Body thereof, as follows:

1. That the Mayor be and is hereby authorized and directed to submit the Action Plan documents, including all understandings and assurances contained therein to the fullest extent of the funding allowed and determined by the Department of Housing and Urban Development to act as the authorized representative of the Township of Old Bridge and to provide such additional information as may be required.

2. That the Mayor and such other appropriate and responsible officials be and they are authorized and directed to execute on behalf of the Township of Old Bridge such certification and certifications as may occur.



NAYS: None


GRANTING PERMISSION FOR ST. AMBROSE CHURCH TO HOLD ITS ANNUAL CARNIVAL 2018.

WHEREAS, St. Ambrose Church wishes to hold its annual Carnival from Tuesday, July 24, 2018 thru Saturday, July 28, 2018 ; and

WHEREAS, the Township Council wishes to endorse such a carnival and permit such a Carnival to occur; and

WHEREAS, St. Ambrose Church will hold the carnival on St. Ambrose Church Grounds on Throckmorton Lane; and

WHEREAS, a resolution is required for that purpose,

NOW, THEREFORE BE IT RESOLVED that permission is hereby granted, contingent upon:

1. Submission of a Certificate of Liability Insurance in the amount of One MillionDollars ($1,000,000.00) naming the Township of Old Bridge as certificate holderand additional insured.

2. All necessary permits to be obtained through the offices of Code EnforcementHealth Department, Fire Official and Police Department at least 48 hours in

advance of said Carnival

3. Said Carnival is to be held in conformance with State and Township rules andregulations.




NAYS: None


RESOLUTION MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR WOODWARD DRIVE FOXBOROUGH VILLAGE II - ROLLING MEADOWS, LLC APPLICATION # 89-93P

WHEREAS, Foxborough Village II – Rolling Meadows, LLC (hereinafter the “Applicant”) is now seeking a release of its Performance Guarantee posted for the construction of Woodward Drive located in the Rolling Meadows subdivision; and

WHEREAS, a Performance Guarantee for this project totaling $59,595.00 was posted as follows:

Performance Bond # S04242: $50,935.50

10% Cash; $ 5,659.50

Total $56,595.00

WHEREAS, a public hearing was held before the Township Council on May 7, 2018; and

WHEREAS, there have been no previous reduction of the above referenced Performance Guarantee; and

WHEREAS, the Township Engineer and staff performed an inspection of the site improvement work found that the bonded items had been completed satisfactorily; and

WHEREAS, there were no objections to the release of the performance guarantee for this project at the public hearing; and

WHEREAS, the Township Engineer has recommended that the Performance Guarantee be released, subject to the following conditions:

1. Payment of any outstanding engineering and inspection escrow fees, if any.

2. Posting of a 2-year Maintenance Guarantee in the amount of $8,489.25 (15% of the of the original Performance Guarantee amount of $56,595.00).

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 with respect to Foxborough Village II – Rolling Meadows, LLC, Application #89-93P for the construction of Woodward Drive located in the Rolling Meadows subdivision, by and is hereby released subject to the following conditions being met:

1. Payment of any outstanding engineering and inspection escrow fees, if any.

2. Posting of a 2-year Maintenance Guarantee in the amount of $8,489.25 (15% of the of the original Performance Guarantee amount of $56,595.00).




NAYS: None


CHAPTER 159 AUTHORIZING THE 2018 CLICK IT OR TICKET GRANT

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $5,500.00 for the Click It or Ticket 2018 Seat Belt Mobilization Grant and wishes to amend its CY 2018 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the following insertion of an item of revenue in the budget of the year CY 2018:

Click It or Ticket 2018 Seat Belt Mobilization $5,500.00

BE IT FURTHER RESOLVED that a like sum of $5,500.00 be and the same is hereby appropriated and is now available as revenue under the caption of:

Click It or Ticket 2018 Seat Belt Mobilization $5,500.00

BE IT FURTHER RESOLVED, that the Director of Finance forward a certified copy of this resolution electronically to the Director of Local Government Services.



NAYS: None


RESOLUTION AUTHORIZING AWARD OF CONTRACT #2018-44 TO NAHIR CONSTRUCTION PRIMARY AND CUSTOM CARE SERVICES, INC. SECONDARY FOR VACANT PROPERTY MAINTENANCE SERVICES TIME AND MATERIAL


WHEREAS, the Township of Old Bridge publicly advertised and received bids in accordance with the requirements the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. for Contract #2018-44 for vacant property maintenance services; and

WHEREAS, two (2) bids were received and opened on May 1, 2018;

and

WHEREAS, bids were received from the following vendors:

Nahir Construction Services $11,400.00Custom Care Services, Inc. $20,300.00

WHEREAS, after consultation between our Business Administrator and Code Enforcement Official have reviewed the bids and have recommended that a contract be awarded to Nahir Construction Services (Primary) as they submitted the lowest responsible bid and Custom Care Services, Inc. (Secondary) as they submitted the second lowest responsible bid; and

WHEREAS, the Township Council wishes to award the contract forvacant property maintenance services to Nahir Construction Services Primary and Custom Care Services, Inc. Secondary based upon the above recommendations and bid proposal.

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

1. Nahir Construction Services Primary with principal offices located at 22 South Hope Chapel Road, Jackson, New Jersey 08527 and Custom Care Services, Inc. Secondary with principal offices located at 2817 Williamsburg Drive, Wall, New Jersey 07719 are hereby awarded a contract for vacant property maintenance services and in accordance with the bid specifications and the vendors bid proposal on file with the Municipal Clerk.

2. No Certification of Availability of funds is necessary since this extension of contract is on a Time & Material basis only.

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.



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

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





NAYS: None


RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) 2018 FORDEXPLORER UTILITY VEHICLES FOR THE TOWNSHIP OF OLD BRIDGEPOLICE DEPARTMENT UNDER STATE CONTRACT #A88728

WHEREAS, the Township of Old Bridge wishes to purchase two (2) 2018 FordExplorer Utility Vehicles under State Contract #A88728 for the Township of Old Bridge Police Department; and

WHEREAS, Winner Ford, having an address at 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey 08034, has been awarded State Contract #A88728 for purposes of selling said vehicles; and

WHEREAS, the Township of Old Bridge wishes to purchase from Winner Ford under State Contract #A88728 the aforesaid vehicles for the amount of $51,254.00, in accordance with the written quotation received from Winner Ford, a copy of which is on file with the Finance Department.


1. It does hereby approve the purchase of two (2) 2018 Ford Interceptor Utility Vehicles in accordance with the bid quotation received from Winner Ford, located at 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey 08034, pursuant to State Contract #A88728 in the amount of $51,254.00.









NAYS: None



RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITHENVIRONMENTAL RESOLUTIONS FOR PREPARATION OF THE TRANSPORTATION OFF SITE PRO-RATA ANALYSIS REPORT

WHEREAS, the Township of Old Bridge requires the services of a professional engineering firm for purposes of the preparation of the Transportation Off Site Pro-Rata Analysis Report Maps; and

WHEREAS, Environmental Resolutions were previously approved as “On Call” Professional Engineers under Old Bridge Township Contract #2018-11PS previously approved under the “fair and open” process; and

WHEREAS, Environmental Resolutions located at 815 East Gate Drive, Suite 103, Mount Laurel, New Jersey 08054 is 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 Environmental Resolutions for purposes of providing the aforesaid professional engineering services to 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. A contract for professional services is authorized to be entered into with Environmental Resolutions located at 815 East Gate Drive, Suite 103, Mount Laurel, New Jersey 08054 in the amount not to exceed $49,500.00 for purposes of the preparation of the Transportation Off Site Pro-Rata Analysis Report Maps pursuant to the memorandum from Nicole Shapiro, Township Engineer dated May 15, 2018.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 2544 certifying the existence of sufficient appropriation to fund the said contract.


4. This contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Public Contract Law (N.J.S.A. 40a:11-5(1)(A)(I) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of a contract for Professional Services shall be published in the official newspaper of the Township.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.


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



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.




NAYS: None


RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT UNDER #2018-02PS WITH NETTA ARCHITECTS FOR ARCHITECTURAL SERVICES ASSOCIATED WITH REHABILITATION OF THE OLD BRIDGE TOWNSHIP POLICE DEPARTMENT BASEMENT RESTROOMS AND WOMEN’S LOCKER ROOM

WHEREAS, the Township of Old Bridge requires the services of an architectural firm for the purpose of rehabilitation of the Old Bridge Township Police Department Basement restrooms and women’s Locker Room; and

WHEREAS, the Township Engineer solicited bids from three architectural firms for rehabilitation of the Administration Building and Police Department restrooms previously and the award was given to Netta Architects. Upon completion of that contract the Township Engineer requested Netta Architects to submit a proposal for the rehabilitation of the Old Bridge Township Police Department Basement restrooms and Women’s Locker Room; and

WHEREAS, Netta Architects submitted its written proposal dated May 17, 2018, a copy of which is on file with the Department of Engineering, wherein it stated that it would provide the necessary services for a total not to exceed fee of $10,500.00; and

WHEREAS, Netta Architects, having an address at 1084 Route 22 West, Mountainside, New Jersey 07092, was also previously approved under the Fair and Open Process by the Township Council for the required services and is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a professional services contract with Netta Architects for architectural services for the purposes set forth herein and in accordance with the proposal on file with the Department of Engineering.


1. A contract for professional services is hereby authorized to be entered into with Netta Architects having an address at 1084 Route 22 West, Mountainside, New Jersey 07092 in an amount not to exceed $10,500.00 and in accordance with the proposal on file with the Department of Engineering and the Office of the Township Clerk.


2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 2545 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 prepare any and all contractual documents required in furtherance of this award.

4. Notice of a contract for Professional Services shall be published in the official newspaper of the Township.

5. The contract shall be kept on record on file in the office of the Township Clerk for public inspection.

This resolution is conditioned upon the following:

A. Formal Execution of a contract prepared and approved by the Director of Law by the Mayor and Township Clerk.


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 and AA201, or otherwise complying with affirmative action employee information reporting.




NAYS: None


RESOLUTION AUTHORIZING AWARD OF CONTRACT #2018-49 TO HANNUM’S MOUNT HOLLY SALES DBA HANNUMS HARLEY DAVIDSON OF RAHWAY FOR THE PURCHASE OF TWO (2) LAW ENFORCEMENT MOTORCYCLES IMPROVEMENTS

WHEREAS, the Township of Old Bridge publicly advertised and received bids on May 17, 2018 in accordance with the requirements the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. for Contract #2018-49 for the purchase of two (2) law enforcement motorcycles; and

WHEREAS, one (1) responsive bid was received as follows:

1. Hannum’s Mount Holly Sales DBA $ 50,854.42 Hannums Harley Davidson of Rahway


WHEREAS, the Township Business Administrator and Chief of Police have recommended that a contract be awarded to Hannums Harley Davidson of Rahway as they submitted the only responsible and responsive bid; and

WHEREAS, the Township Council wishes to award the contract for the purchase of two (2) law enforcement motorcycles as stated herein above.


1. Hannum’s Mount Holly Sales DBA Hannums Harley Davison of Rahway having principal offices located at 12 W. Milton Ave, Rahway, New Jersey 07065 is hereby awarded a contract in the amount not to exceed $50,854.42 for the purchase of Two (2) Law Enforcement Motorcycles in accordance with the bid proposal on file with the Finance Department and Township Clerk, of the Township of Old Bridge.


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 and approve any and all contractual documents prepared in furtherance of this award. This Resolution is conditioned upon the following:


B. Said contractor meeting all necessary conditions of the bid specifications.

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



NAYS: None


RESOLUTION APPROVING LOSAP LISTINGS YEAR 2016 FOR CHEESEQUAKE FIRST AID SQUAD

WHEREAS, the Township of Old Bridge has put in place an Emergency Services Volunteer Length of Service Program (LOSAP for volunteer emergency personnel); and

WHEREAS, pursuant to N.J.S.A.40A:14-191, emergency service organizations participating in a LOSAP must annually certify to the sponsoring agency a list of all volunteer members who are qualified for credit under the LOSAP program for the previous year; and

WHEREAS, a certified listing has been provided from the Cheesequake First Aid Squad and is on file at the office of the Township Clerk; and


WHEREAS, Himanshu Shah, CFO & Business Administrator has determined that the list is accurate and substantiated the information provided.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that the certified listing of qualified LOSAP members from the Cheesequake First Aid Squad is hereby approved.

Moved by Councilwoman Greenberg-Belli, seconded by Councilman Paskitti and so ordered on the following roll call vote:


NAYS: None

ABSTAIN: Councilman Merwin


RESOLUTION APPROVING LOSAP LISTINGS YEAR 2017 FOR CENTRAL OLD BRIDGE EMERGENCY MEDICAL SERVICES, INC (GREEN & WHITE) AND CHEESEQUAKE FIRST AID SQUAD

WHEREAS, the Township of Old Bridge has put in place an Emergency Services Volunteer Length of Service Program (LOSAP for volunteer emergency Personnel); and

WHEREAS, pursuant to N.J.S.A.40A:14-191, emergency service organizations participating in a LOSAP must annually certify to the sponsoring agency a list of all volunteer members who are qualified for credit under the LOSAP program for the previous year; and

WHEREAS, a certified listing has been provided from the Central Old Bridge Emergency Medical Services, Inc. (Green & White) and Cheesequake First Aid Squad and is on file at the office of the Township Clerk; and

WHEREAS, Himanshu Shah, CFO & Business Administrator has determined that the list is accurate and substantiated the information provided.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that the certified listing of qualified LOSAP members from the Central Old Bridge Emergency Medical Services, Inc, (Green & White) and Cheesequake First Aid Squad is hereby approved.



NAYS: None




RESOLUTION AUTHORIZING AWARD OF CONTRACT #2018-47 TOIGNATIUZ SOFTWARE PVT., LTD, PRIMARY AND INTEGATED MICRO SYSTEMS, INC. SECONDARY FOR IT SUPPORT SERVICES TIME AND MATERIAL

WHEREAS, the Township of Old Bridge publicly advertised and received bids in accordance with the requirements the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. for Contract #2018-47 for IT Support services on a time and material basis; and

WHEREAS, two (2) bids were received and opened on May 2, 2018; and

WHEREAS, bids were received from the following vendors:

Ignatiuz Software Pvt. Ltd. $ 75.00 per hourIntegrated Micro Systems, Inc. $125.00 per hour

WHEREAS, after consultation between our Business Administrator and MIS Director have reviewed the bids and have recommended that a contract be awarded to Ignatiuz Software Pvt. Ltd. (Primary) as they submitted the lowest responsible bid and Integrated Micro Systems, Inc. (Secondary) as they submitted the second lowest responsible bid; and

WHEREAS, the Township Council wishes to award the contract for IT support services to Ignatiuz Software Pvt. Ltd. (Primary) and Integrated Micro Systems, Inc. (Secondary) for IT Support – time and material based upon the above recommendations and bid proposal.


1. Ignatiuz Software Pvt. LTD, Primary with principal offices located at 600 Eagleview Blvd #300, Exton, Pennsylvania 19341 and Integrated Micro Systems, Inc. Secondary with principal offices located at 74 Lee Avenue, Haledon, New Jersey 07508 are hereby awarded a contract for IT Support Services- time and material and in accordance with the bid specifications and the vendors bid proposal on file with the Municipal Clerk.

2. No Certification of Availability of funds is necessary since this extension of contract is on a Time & Material basis only.




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

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





NAYS: None


Councilwoman Greenberg-Belli explained that she meant to separate C-12, Contract #2018-44 Awarding Vacant Property Maintenance – Time & Material to Nahir Construction Services. Her computer had the resolutions in a different order. She asked how many properties are vacant and how we are alerted that they are in need of township maintenance.

Business Administrator, Himanshu Shah stated that maintenance is done by time and material once a complaint is received. The process starts with a Code Enforcement Officer assessing the property, authorizing maintenance, followed by placing a lien on the property.

Township Attorney, Mark Roselli stated that the township is usually alerted that a property is vacant through a neighbor. Then a list is prepared and by statute there is a special counsel assigned to enforce those liens.

Councilman Paskitti asked for clarification on the process of instituting a lien.

Business Administrator, Himanshu Shah explained that once the work is done and the amount is certified, it is brought to the Council to authorize the lien. Eventually, it gets included in the tax lien sale. Before the town intervenes, however, Code Enforcement calls the bank to see if they will remedy the issue first.

Councilman Paskitti asked for a yearly report for the Council showing how much money was expended and how many liens went out.

Business Administrator Shah agreed to provide a report.

Councilman Merwin commented that usually when a resident calls to complain of tall grass, it is already too tall. The Township adopted the International Property Maintenance Code which basically notifies residents to cut their grass or be advised that the town will do it. He feels it should not take a month for the grass to get cut.

Attorney Roselli explained that it is different if it is not being maintained or if it is vacant. Our ordinance states that the owner has a responsibility to notify the Township within thirty days of the property becoming vacant. This would be utilized, whereas if the property is simply being neglected then it becomes a violation.

President Sohor commented on the many vacant properties in her own neighborhood and urged everyone that if it becomes a problem to reach out to the Council.


RESOLUTION REQUIRING DISTRIBUTION OF COPIES OF THE CONSITUTUTION OF THE UNITED STATES OF AMERICA AND THE STATE OF NEW JERSEY TO ALL DULY-ELECTED AND APPOINTED PERSONS TAKING AN OATH OF OFFICE WITHIN THE TOWNSHIP OF OLD BRIDGE

WHEREAS, individuals who chose to run for and are duly-elected to office or who serve in a voluntary capacity on one of the Township’s boards, commissions or authorities, voluntary take an oath for that office whereby they agree to uphold Constitution of the United States of America and Constitution of the State of New Jersey; and


WHEREAS, in an effort to ensure that these individuals have a workable knowledge of the tenets of each Constitution, the Township Council believes it would be helpful for each of said persons to receive a copy of each Constitution at the time that they take their oath of office.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that each individual that is duly elected to office or who is appointed to serve in a voluntary capacity on one of the Township’s boards, commission or authorities, shall receive from the Township Clerk at the time when that persons takes their oath of office, a printed copy of the Constitution of the United States of America and the Constitution of the State of New Jersey.

Moved by Councilman Paskitti, seconded by Councilman Merwin and so ordered on the following roll call vote:


NAYS: Councilman Cahill


Councilman Merwin wondered why this is back again and asked Councilman Paskitti to explain it again.

Councilman Paskitti explained that it was voted on during a discussion to become an ordinance, but legal suggested a resolution would be better. It states that anyone taking an oath should get a copy of the Constitution, which has been donated and carries no cost. Not everyone has read the Constitution and he feels they should be aware of what they are swearing to uphold.

Councilman Cahill expressed his concern over the process of starting as a discussion, then an ordinance, then changing to a resolution. He further explained that he does not agree with having to hand people a document, inferring that people don’t know what they are swearing to uphold. He feels this is government over reach and it is wrong.

Councilman Paskitti stated that the person does not have to take the document if they so choose. He just wanted to be able to offer it. It is not being forced upon anyone.

Councilman Merwin inquired what the costs would be.

President Sohor explained that they are being donated.

Councilman Paskitti also explained that his research showed the US Constitution would cost fifty cents and the NJ Constitution one dollar. He further stated there are about three hundred oaths taken every year in town.

President Sohor commented on this issue being on the consent agenda because of a recommendation from legal. She also stated that this allows it to be discussed again by both the public and the Council.

Councilwoman Greenberg-Belli is concerned with who will give out these documents when we are no longer here. She wonders if they will continue to be donated. Also, she stated that this is just a kind gesture which gives people the option to receive it or not.

Councilman Cahill read the portion of the resolution which states that a copy of the Constitution is required to be distributed. He feels that is not a gesture. Therein lies his objection.

Attorney Roselli explained that he wrote up this resolution and that he will revise it to read “make available and shall be offered”.


Councilman Merwin asked if the resolutions passed today will no longer hold any weight in the future.

Attorney Roselli replied with a no and explained that a resolution can be undone by another resolution. However, there needs to be consent from the Council at the time and requires action to undo it.

Attorney Roselli noted that this resolution was voted upon as amended.


RESOLUTION AUTHORIZING THE MAYOR AND THE TOWNSHIP CLERK TO ENTER INTO AN INTERLOCAL SERVICE CONTRACT WITH MIDDLESEX COUNTY DEPARTMENT OF HEALTH REGARDING HEALTH SERVICES JULY 1, 2018 THROUGH JUNE 30, 2019

WHEREAS, the Township of Old Bridge wishes to enter into an agreement with the County of Middlesex for Municipal Health Services; and

WHEREAS, the County has created the Middlesex County Department of Public Health, pursuant to NJSA 26:3A2-1 et seq. to provide an array of public health services; and

WHEREAS, the Municipality is desirous of contracting with the County, for furnishing by the County, to the Municipality health services of a technical and professional nature from July 1, 2018 through June 30, 2019 at a cost of $169,651.69; and

WHEREAS, the Township of Old Bridge shall designate the Director of the County Health Services as the Health Officer for the Township of Old Bridge during the contract period and shall be responsible for the enforcement of the local health ordinances and laws, rules and regulations of the New Jersey Health Department; 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 Mayor and Clerk are hereby authorized to enter into an Inter-local Agreement to effectuate the Township’s participation entering into the agreement with the Middlesex County Department of Public Health for Municipal Health Services for a technical and professional nature from July 1, 2018 through June 30, 2019 in accordance with the terms of the Agreement on file in the office of the Township Clerk.

2. This contract is awarded for a term not exceeding the current budget year. Certification of Availability of Funds #2546 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

3. The Township Attorney shall review any and all documents prepared in furtherance of the agreement with the County for Municipal Health Services.

Moved by Councilwoman Greenberg-Belli, seconded by Councilman Merwin and so ordered on the following roll call vote:


NAYS: None



Councilwoman Greenberg-Belli explained that her computer had the agenda items mis numbered. She meant to separate C-18 Contract #2018-49 Awarding Purchase of two Law Enforcement Motorcycles in the amount of $50,584.42. She apologized to the public. She asked what we use the motorcycles for and how many we have in total.

A representative from the police department stated that there are currently two motorcycles that they utilize. They are about thirteen years old and used for training purposes. The new motorcycles are to be used in parades and for special events.

Councilwoman Greenberg-Belli recalled seeing them during special events and just wanted to know if there were other uses for them.

ORDINANCE(S) FOR FIRST READING

FR-1 Creating Old Bridge Township Code Chapter 320 Entitled “Outdoor Dining” Ordinance

ORDINANCE 2018-15

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING THE CODE OF THE TOWNSHIP OF OLD BRIDGE BY ADDING A NEW CHAPTER 320 ENTITLED

“OUTDOOR DINING”

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that it does hereby amend the Code of the Township of Old Bridge by adding a new Chapter 320 entitled “Outdoor Dining” as follows:

SECTION 1. Chapter 320: Outdoor Dining

§ 320-1 Purpose.

The purpose of this Ordinance is to permit daytime and early evening outdoor dining on private property and sidewalks (private and public) adjacent to local restaurants for the enjoyment of restaurant patrons without disturbing the immediate neighborhood or pedestrian/vehicular traffic. It is intended to permit the tasteful, aesthetic use of tables and chairs on adjacent property and sidewalks of local restaurants under the direction and approval of the Township Engineer and Zoning Officer, provided that all tables, chairs and/or similar food service equipment meet the requirements of the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq. It is the intention of the Mayor and Council of the Township of Old Bridge to monitor and review the use of these facilities after the adoption of this chapter to determine its full impact upon the Township and the enjoyment of its citizens.

Any establishment/property that operated a lawfully existing outdoor seating area(s) at the time of passage of this ordinance, shall not be subjected to the limitations contained herein with regard to placement, location, hours of operation, etc. For purposes of this provision, a lawfully existing outdoor seating area shall mean any restaurant/food establishment which, after approval from the Planning Board or Zoning Board, established an outdoor seating area in connection with that approved site plan.

It is additionally, the intention of this ordinance to allow local restaurants the ability to establish incidental outdoor dining areas to enhance the dining experience but at no point shall an outdoor seating area exceed 8 seats.

§ 320-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

RESTAURANT


Any establishment at which the primary activity is the preparation and serving of food and/or beverages for consumption by patrons on its premises.

OUTDOOR SEATING

Outdoor seating provided at a restaurant as defined in the Township Code, herein and supplemented by Township Code § 250-6 and duly licensed and approved pursuant to the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq. and Township Code § 203-1 et seq., as the same may be from time to time amended and supplemented. Outdoor seating shall include removable seats and tables located within a defined area of a site plan that is not otherwise devoted to a function essential to the site. Outdoor seating shall be limited to use between January 1st and December 31st (inclusive) of the same calendar year in which the permit is issued. Outdoor seating permits may be issued annually and shall expire at 12:00 a.m. on December 31st of the calendar year issued. The fee shall not be prorated.

§ 320-3 Permits Required; Hours For Outdoor Service.

A. Except as otherwise provided herein, it shall be unlawful to offer outdoor seating without first obtaining a zoning permit as required by this chapter and by otherwise complying with all other applicable statutes, regulations, and ordinances.

B. The hours for outdoor service shall be between 7:00 a.m. and 10:00 p.m. unless otherwise approved by variance and/or land use application. All tables, chairs and equipment shall be removed and placed securely indoors no later than 10:30 p.m.

C. A liquor licensed establishment which seeks to sell alcoholic beverages in an outdoor seating area should apply for the outdoor seating permit first. If that permit is issued, then the New Jersey Division of Alcoholic Beverage Control (NJABC) licensee must obtain an Expansion of Premises approval from the NJABC to allow the service of alcoholic beverages in the outdoor area. The licensee is deemed to have an interest in this outdoor area for purposes of using and maintaining same for the outdoor seating if a permit is approved.

§ 320-4 Permitted Installations.

Outdoor tables and chairs shall be permitted within the property commonly owned and adjacent to the retail food establishment and service thereto for the patrons, provided that:

A. The design of the tables and chairs is aesthetically pleasing and complementary to the surrounding architecture and provided that all tables, chairs and/or similar food service equipment meet the requirements of Township Code § 203-4.

B. The layout of tables and chairs does not in any way interfere with pedestrian or vehicular safety, or with necessary access for fire-fighting equipment and ambulances or personnel. At least five feet of open unused space adjacent to the curb shall be provided on any sidewalk area upon which seating is proposed.

C. The layout shall not cause irreparable damage to existing landscaping and site improvements.

D. Notwithstanding Township Code § 30-1 et seq. of the Old Bridge Township Code, alcoholic beverages of any kind may be served or consumed in conjunction with the outdoor dining on public sidewalks where the permittee has the appropriate NJABC license. No alcoholic beverages brought to the establishment by patrons or other persons shall be served or consumed in the outside facility on public sidewalks.

E. The highest standards of cleanliness of the outdoor area are to be maintained at all times, including frequent litter removal, within and around and beyond the subject property. A plan for


litter removal, trash handling, and overall cleanliness and maintenance must be submitted together with the application.

F. No outdoor music or public address system shall be permitted.

G. No outside lighting shall be permitted except small individual table lighting that is self-powered.

H. Outdoor seating shall not be permitted if it will interfere in any way with Chapter 300 “Noise” of the Township Code.

I. Low barriers of a temporary nature (not to exceed three feet in height) may be placed at the edge of the seating area during business hours so long as there is no interference with public safety or pedestrian movement patterns.

J. No outside cooking of any kind shall be permitted as a component of the outdoor seating.

K. The outdoor seating area of a retail food establishment shall be operated and maintained by the same person named in the retail food establishment license issued for the premises.

L. The outdoor seating area shall be for the exclusive use of patrons of the licensed retail food establishment. Retail food establishment owners or employees are prohibited from serving drivers or passengers of vehicles.

M. Outdoor dining areas shall not be limited in terms of table count or dimension but at no point shall exceed a maximum seating capacity of 8 persons.

N. No food or drinks served at outdoor seating areas shall be prepared other than in the interior areas of the retail food establishment approved by the Health Division for such use.

O. All equipment used in the outdoor seating area, including but not limited to chairs and tables, shall be nonabsorbent, smooth, easily cleanable, of corrosive-resistant material, and meet the requirements of the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq., as the same may be from time to time amended and supplemented. No food service equipment shall be stored in or permanently mounted to any area of the outdoor dining area.

P. Containers used in the conveyance of soiled tableware shall not be permanently stored outdoors. Soiled tableware shall be promptly removed to the establishment's equipment washing area after patron use.

Q. Smoking shall be prohibited in the outdoor dining area. Such areas shall be marked by a sign approved by the Division of Health indicating the prohibition of smoking.

§ 320-5 Application Review.

A. Each applicant for an outdoor seating permit shall submit and file an application with the Zoning Officer. The application shall set forth:

1) The name and address of the applicant.

2) The name and address of the owner of the subject property (if other than the applicant).

3) The written authorization and approval of the owner of the property (if other than the applicant).

4) A description of the proposed design and location of the outdoor seating and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs and planters.


5) A statement of the seating capacity of the proposed outdoor seating and of the existing eating establishment operated by the applicant in the adjacent building.

6) A description of the proposed location of the outdoor seating showing the actual dimensions of the area to be utilized and pedestrian traffic related thereto.

7) Scaled layout of tables and chairs, and low barrier if proposed, showing dimensions of tables, chairs and overall area, as related to building facade, sidewalk, existing poles, news boxes, trees or other sidewalk installations.

8) A detailed narrative and plan of relevant information, describing method of service, proposed hours of service outdoors and method of litter control and trash handling for outdoor service.

9) Photographs or diagrams of tables, chairs, etc., to be utilized, showing style, design, materials, size and colors.

10) Interior location regarding where tables and chairs, etc., will be stored indoors after 10:30 p.m.

11) Middlesex County and Old Bridge Township does not permit any outdoor seating within their respective right-of-way.

12) A copy of the liability insurance certificate with the coverage limits set forth below shall be submitted with the application.

B. The annual fee for an outdoor seating permit of $95 shall be submitted with the application.

C. An outdoor seating permit may only be issued to a food establishment permitted in accordance with Chapter 203-5.

D. In reviewing an application for an outdoor seating permit, the Zoning Officer, in coordination with the Township Engineer, shall consider the following aspects of an administrative site plan, including but not by way of limitation the following:

1) Pedestrian and traffic circulation, to insure that pedestrian access and traffic are not impacted;

2) Number, type, and location of existing seats in conjunction with approved wastewater flows;

3) Police and first aid/emergency squad access is available to the site;

4) Fire safety is not impacted by the use;

5) Parking will be maintained in the same amount; and

6) Trash removal is provided.

E. After review of the administrative site plan, the Zoning Officer may issue an outdoor seating permit with conditions, including but not by way of limitation:

1) Limitation on outdoor seating so as not to exceed the total number of existing approved indoor seats as provided in the retail food establishment's certificate of occupancy;

2) Ensure proper ingress and egress to the building from the outdoor seating area;

3) When deemed necessary, directional or other informational signs, concrete bollards or other structural means to protect the outdoor seating area;


4) Any additional equipment required to be installed in the outdoor seating area that requires a permit per NJAC 5:23 et seq, and;

5) Any other condition that may be deemed necessary and/or appropriate to the protection of public health, safety and welfare.

F. Plans and specifications for an addition, alteration or modification of an outdoor seating area shall be reviewed by the Township Engineer, Construction Code Official, and Division of Health for review and approval in accordance with the requirements of Township Code Chapter 203 and the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq., as the same may be from time to time amended and supplemented.

G. Any applicant who has been found in violation of any ordinance, statute, or regulation involving the outdoor seating area or its operation shall be barred from applying for an outdoor seating permit for the next season after the violation.

§ 320-6 Violations and Penalties.

A. It shall be unlawful to violate this chapter, the terms and conditions of any permit issued hereunder, or any provision herein.

B. Any person convicted of a violation of any of the provisions of this chapter shall be subject to a fine not to exceed $1,250 as set forth in the Code of the Township of Old Bridge, as may be amended. Each violation of a section or subsection of this chapter, and each day that a violation continues, shall constitute a separate offense.

C. The Township of Old Bridge reserves the right to revoke the permit of any permit holder who, upon the expiration of 10 days after receipt of notice from the Township of Old Bridge or its agents of a violation of the state law or any requirements set forth in this chapter, fails to cure the violation. If the permit holder seeks a new permit he must follow the provisions of this chapter and apply for a new permit.

D. The Township of Old Bridge expressly reserves the right to require the removal of all of the outdoor seating areas upon any sidewalk or public place which are improperly maintained.

E. All violations of this Chapter involving NJABC licensed premises shall be forwarded to the Old Bridge ABC Board first for review.





SECTION 4: COPIES OF ORDINANCE

At least three copies of said full Ordinance are on file in the Office of the Municipal Clerk for public examination and acquisition. Copies are available for inspection or acquisition during regular weekday working hours and arrangements have been made for the publication of said proposed Ordinance in pamphlet or other similar form which will be available for purchase from the Township Clerk.



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 N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 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 N.J.S.A. 40:69A-41), this Ordinance shall become effective upon the Township Council’s vote to override the Mayor’s veto.


Moved by Councilwoman Walker, seconded by Councilman Paskitti and so ordered on the following roll call vote:


NAYS: None

FR-2 An Ordinance Amending Chapter 5 Article III Section 5-25 of the Code of the Township of Old Bridge


AN ORDINANCE AMENDING CHAPTER 5, ARTICLE III, SECTION 5-25 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to amend Chapter 5, Article III, Section 5-25 entitled “Ordinances and resolutions” for purposes of allowing a discussion by Council of ordinances before they are to be introduced to allow for an explanation regarding the purpose and intent of said ordinances.

SECTION 2: ORDINANCE

Chapter 5, Article III, Section 5-25 entitled “Ordinances and resolutions” of the Code of the Township of Old Bridge is hereby amended as follows (deletions have strikethrough; additions are bolded and underlined):

§ 5-25. Ordinances and resolutions.

A. Procedure for introduction. Ordinances may be introduced and read on first reading by reading the title only. After publication and notice of hearing and upon the opening of the hearing, the ordinance shall be given a second reading, which may also be by title only, and thereafter it may be passed with or without amendments or rejected. Prior to the second reading, a copy of the ordinance shall be posted on the bulletin board or other public place upon which


public notices are customarily posted in the Municipal Building, and copies of the ordinance shall be made available to members of the general public of the Township who shall request such copies. Copies of each ordinance and resolution, in printed or typewritten form and bearing a notation by the Department of Law as to approval as to form and sufficiency, shall be mailed by the Clerk to each Councilman at least 48 hours prior to introduction, provided that the failure of the Clerk to make such mailing shall not invalidate any action taken by the Council.

B. Prior approval or disapproval; drafting. Ordinances and resolutions shall be drafted by the Department of Law upon motion of the Council or request of the Mayor. It is understood that the ordinances requested by the Mayor shall be through the Council President as all ordinances must be sponsored by a Councilperson. Any ordinance or resolution which affects the administration of any department of the municipal government shall be submitted to the Mayor for his review and comment prior to its introduction.

C. All ordinances approved upon motion of Council or at the request of the Mayor pursuant to paragraph B above shall first be listed for discussion by the Council for the sole purpose of receiving an explanation regarding the purpose and intent of said ordinance. In that regard, debate regarding the ordinance shall not be permitted at this time, but rather shall be reserved for the public hearing of the ordinance. Notwithstanding the foregoing, all ordinances requested by the Mayor shall be required to proceed for first reading (introduction) at the same meeting that it is listed for discussion by Council prior to it being introduced. In addition, any ordinance approved by Council by motion to be drafted, may also be moved for first reading (introduction) at the same meeting that it is listed for discussion by Council prior to it being introduced upon motion approved by the majority of Council then present at such meeting.






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 N.J.S.A 40:69A-41, this Ordinance shall become effective upon the Township Council’s vote to override the Mayor’s veto.



Moved by Councilman Paskitti, seconded by Councilman Merwin and so ordered on the following roll call vote:

AYES: Councilmembers Brown, Merwin, Murphy, Paskitti and Razzoli,

NAYS: Councilmembers Cahill, Greenberg-Belli, Walker and President Sohor

Councilman Murphy asked the attorney to clarify that this ordinance means that all ordinances will be discussed before the first reading.

Attorney Roselli agreed and explained that for Council to put an item on the agenda they must first pass a motion. There would be a discussion first, and then the majority decides whether it will go forward or not. The exception to this is the Mayor’s and administration’s ability to move ordinances without the Council which is due mostly to issues that come up every day that cannot be anticipated. So, once it is determined that an ordinance will move forward, there shall first be a period for discussion limited to explanation purposes only. The reason being that you want avoid debating it two times. It will have to be introduced first though. If it is a Council item it can be moved for introduction, or not. However, if it is an administration item, it must be introduced at that particular meeting, whether there is a discussion or not.

Councilman Murphy clarified that there will be a chance for explanation before an introduction at the same meeting.

Councilman Merwin pointed out that section C was missing the word “not”.

Attorney Roselli stated that it should read “debate regarding the ordinance shall not be permitted at this time”. It will be for explanation purposes only.

Councilman Paskitti asked for a better clarification.

Attorney Roselli used a water bottle as an example. If the banning of plastic water bottles is requested as a Discussion item by a Council member, it will be decided whether it is to be a resolution or an ordinance, and then a discussion would follow, but it will be on the topic of plastic water bottles, not the ordinance or resolution because it has not been drafted yet. If a majority vote ensues or there is a five member vote in favor of it, the ordinance or resolution gets drafted, and then it moves for introduction after. The only thing missing is the actual drafted ordinance or resolution.

Councilman Paskitti asked if this is to allow every item to come up for discussion first.

Attorney Roselli answered no. He further explained that the Council is able to hear the meaning behind it and why it is being offered. Then, if it’s a council item, it can be moved up for introduction. If it comes from administration, it can still be explained, but it must be moved up for introduction at that meeting.

Councilman Murphy was satisfied knowing that it can still be voted down.

Councilwoman Greenberg-Belli clarified that this is just to move this forward.

Attorney Roselli agreed and stated that this is exactly what is happening right now. We are taking the time to clarify the item before it is voted upon.

Councilman Murphy brought this item up to be clear on what it is that was being voted on, and to show transparency to the public.

Councilwoman Greenberg-Belli feels that this does not serve the public, and expressed that it has been done the same way for a long time and does not see the need to change it.

Councilman Murphy explained that the public should be aware of what is being voted on at that moment, and that they should not have to wait until the next meeting.


Attorney Roselli reminded everyone that it should not be debated at this time. However, he continued to say that issues do arise that can’t always be predicted, and we learned that this was a needed update.

DISCUSSION ORDINANCE(S)

Do-1 Amending Old Bridge Township Code Chapter 124 Updating the Official Maps Depicting the Location and Boundaries for Drug Free School Zones and Drug Free Public Areas

Township Engineer, Nicole Shapiro explained that the maps were being updated for the public facilities, parks and recreation and schools. We can now be certain by pinpointing a location on the map. There has been a lot of development since the last update, so this will ensure a more reliable map for May 2018.

Councilman Merwin asked if there had been specific changes.

Township Engineer, Nicole Shapiro explained that it is now done in GIS and it is also Geo located.

Councilman Cahill stated that he was confused because he did not see the map, but found it.

Attorney Roselli reminded everyone that it is also necessary to keep these maps updated for enforcement of drug offenses in school zones.

A member of the public also stated that public housing, schools, parks and the beachfront need updating to avoid prosecuting problems.

Motion to move up for First Reading made by Councilman Cahill, seconded by Councilwoman Greenberg-Belli and so ordered by the following roll call vote:


NAYS: None

PUBLIC COMMENTS ON ANY SUBJECT MATTER

Terry Baron from Indiana Court made a comment on the agenda. She spoke on C-12 regarding property maintenance management and expressed a bad track record with a lot ofthe companies around. She wanted to know who will be overseeing them.

Business Administrator Himanshu Shah explained that our Code Officials wouldoversee the property management companies. He further stated this service goes out for bid. The Township has used this company in the past and has had no issues with them.

Terry Baron also stated the she likes the idea of C-16, distributing copies of the Federaland NJ State Constitution to people taking an Oath of Office, and finds it to be a very nicegesture.

Nina Jachnowicz from West Greystone Road commented on the agenda item C-16, andstated that the State website has the ability to upload and share the links containing theConstitution, therefore omitting the need for any paper and or fees. Also, she inquired why weneed to purchase two new motorcycles, C-18, when we could possibly just repaint the old ones.Especially, if they are only being used for training purposes and special events. She would like tosee the money go towards the arts, theatre or other special endeavors that benefit the residents of the town.

Business Administrator, Himanshu Shah explained that all vehicles require replacement


at some point and for safety reasons these need to be replaced.

Township Conservation Officer, Gary Lovallo addressed some comments he has received. He stated that there is an open door policy and anyone with questions or concerns can come directly to him or the Engineering department and they will be happy to assist them with the processes and procedures.

DISCUSSION

D-1 Transco-Williams Pipeline

Councilwoman Edina Brown explained that the Transco-Williams Pipeline is an environmental concern that cannot be ignored and she proposed that the Council sign on as intervenors, and pass a resolution to oppose it. She asked for input from the Council to hear their thoughts on the matter.

Councilman Paskitti wanted to clarify that the pipeline is being installed next to the existing one along the same route.

Councilwoman Brown replied that that is correct.

Councilman Merwin explained that this pipeline will run into many sections of Old Bridge, Morgan, Sayreville and South Amboy. He feels it is very important to take every precaution to safeguard our residents. He is pleased that Councilwoman Brown brought this up for discussion.

Councilwoman Walker researched the pipeline and found that it has been in town for over fifty years. The alternative would be to have everyone get rid of their gas, which is not realistic. She feels that the people are being scared for no reason. The information she found seems to be politically motivated and poses no threat to us.

Councilman Merwin discussed a prior event in Durham Woods, Edison which happened by accident. This can happen again and feels that we should be protected.

Councilman Murphy stated that that pipeline was fifty years ago and is over and done. However, this one will be run along the bay and two superfunds sites, which are of course very hazardous. He feels there are many environment issues involved here.

Councilwoman Greenberg-Belli reminded everyone that this is a Federal project which has already been approved. She feels that the DEP, EPA and the government have reviewed and approved this by doing their due diligence.

Councilman Murphy said that he finds the DEP and the EPA to be disorganized and untrusting.

President Sohor stated that she is aware that we have had the pipeline for a while and that she does not foresee any problems. She also feels that the information being spread on line may be politically motivated.

Councilwoman Brown stated that she would like to make a motion to draft a resolution to oppose this pipeline.

Councilwoman Greenberg-Belli asked to hear from more experts on this matter. She would like to postpone the vote until such time.

Township Engineer, Nicole Shapiro stated that she is not prepared at this time.

Councilwoman Brown asked the Business Administrator, Himanshu Shah to request a presentation on this pipeline.

Business Administrator, Himanshu Shah agreed to have one to better understand this issue and how it may affect our town.


Councilwoman Brown inquired with the Township Attorney, Mark Roselli if the resolution can still go forward.

Attorney Roselli responded that yes, you can go ahead with a motion to oppose the pipeline through a resolution.

Councilman Cahill expressed that he will be abstaining until he gets more information.

President Sohor explained that we should have a clearer picture on this matter before going forward.

COUNCIL COMMENTS

Councilman Murphy wanted to thank the Council and the Administration for the improvements to Veterans Park. He was approached by residents who have been waiting for this and would still like to see a complete renovation. Also, they informed him that they are willing to help. Finally, it was mentioned that a Purple Heart Wreath placed by some residents had been stolen and left many people upset. Councilman Murphy would like to set up a meeting with the Parks and Recreation and Administration to discuss more changes.

Business Administrator, Himanshu Shah agreed to the meeting.

EXECUTIVE SESSION – 9:55 PM


RESOLUTION TO EXCLUDE PUBLIC (N.J.S.A. 10:4-12:13)

BE IT RESOLVED by the Township Council of the Township of Old Bridge that the public shall be excluded from this meeting pursuant to N.J.S.A. 10:4-13 for attorney client privileged matters and contract negotiations for the discussion of the following matter or matters:

OBTEMS V TOWNSHIP OF OLD BRIDGE

BE IT FURTHER RESOLVED that this meeting:

( X ) Shall not reconvene this evening; or

( ) Shall reconvene in public session upon conclusions of the discussions

and that the minutes or other record of these discussion shall be available to be disclosed to the public when the need for its exclusion from the public no longer exists as determined by vote of the governing body at a public session.

Passed by the Township Council this 21st day of May, 2018

Moved by Councilwoman Walker, seconded by Councilman Razzoli and so ordered on the following roll call vote:


NAYS: None



ADJOURNMENT AT 11:05 PM

A motion to adjourn was made by Councilman Paskitti, seconded by Councilwoman Greenberg-Belli and so ordered on the following roll call vote:

AYES: Councilmembers Brown, Cahill, Greenberg-Belli, Murphy, Paskitti, Razzoli, Walker and President Sohor

NAYS: None

ABSENT PODIUM: Councilman Merwin

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