Old Bridge Township, New Jersey - November 14, 2005 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

AGENDA MEETING

November 14, 2005

An Agenda Meeting of the Township Council of the Township of Old Bridge was held on November 14, 2005 in the Municipal Complex. The Meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

to table the reduction of the Performance Bond of Kara at Farrington Ridge to December 12, 2005 by Councilman Volkert, seconded by President Baker.

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

Attorney Convery stated the hearing has already taken place and the vote will be taken at the December meeting. There will not be a hearing at that meeting.

Release/Reduction Performance Guarantee – Matthew Daskalakis – Application #64-94PA2 (POSTPONED)

Release/Reduction Performance Guarantee- New York Sports Club/Town Sports International

Mr. Richard Tilton of Heilbrunn & Pape for the applicant: Mr. Tilton stated that the applicant requests that this hearing be carried until the next meeting because the Township Engineer needs to conduct an inspection.

Attorney Convery stated that this is carried until the November 21, 2005 meeting without further notice.

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

AN ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE SUBSECTION 4-6 F "DIGITIZED COPY REQUIRED OF FINAL APPROVAL PLANS"

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Land Development Ordinance of the Township of Old Bridge, Article VI - Procedure to read as follows:

The purpose of this amendment to the Land Development Ordinance is to require a digitized copy of final approved plans to the township engineer rather a microfilm.

1. As a condition of each approval granted by the Planning Board or Zoning Board of Adjustment the applicant shall supply a digitized copy of the final approved plans to the Municipal Engineer in a format approved by said Municipal Engineer. The digitized copy shall also contain the name and application number of the subdivision and/or site plan, the name, title and address of the applicant, and the date of the sheet(s) shown on the copy and any revision dates.

Exceptions may be granted by the approving board for circumstances where production of a digitized copy presents an undue hardship. In such case as where the original plans are hand drawn, the approving board at its discretion may require scanned copies in lieu of digitized copies.

2. The Final Approved plans shall be submitted to the Township Engineer's Office on a CAD generated data file. The file shall be submitted on a compact disk, formatted for IBM PC's or PC compatibles. The file shall be in one of the following formats: the most current version of AutoCAD drawing file (DWG): ESRI shperfile or Drawing Exchange (DXF) format file drawing interchange file compatible with AutoCad.

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

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

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

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

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

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

DO-1 To eliminate sick leave and vacation time for regular part time employees.

Attorney Convery requested that these three ordinances (DO2, DO3 and DO4) be listed for first reading at the meeting of November 21, 2005. Rose-Marie Saracino, Township Clerk has made some comments which Mr. Convery is discussing with the Codification company and he does not see a problem adopting at first reading at the next meeting.

DO-4 Ordinance Adopting Chapter 30, Alcoholic Beverages Article III, Possession or Consumption on Private Property by Underage Persons. (RMS)

DO-5 To amend Recreation Fee Ordinance – reduction of softball field rental fees for the Township Senior Softball League from $15.00 per game to $10.00 per game.

Discussed after the consent agenda and ordinance for first reading * see page 28.

C-1 Authorizing renewal of Old Bridge Township Raceway Park License for 2006 with additional conditions.

C-2 Resolution to cancel real estate taxes on the properties which are now owned by the Township through the In Rem Foreclosure Process. (KS)

C-3 Resolution authorizing the Old Bridge Township PSAP to enter into a grant agreement with the Office of Emergency Telecommunications Services.

Councilman Gillespie asked if adopting this resolution would make Old Bridge the regional PSAP for the area.

Lt. Weiss stated that this grant is for maintenance and upgrades to the existing system. Nothing else would change.

C-4 Resolution approving application for PARIS Grant (Public Archives & Records Infrastructure Support Grant). (KL)

C-5 Professional Services Contract to Jeffrey Lehrer, Special Zoning Board Attorney to cover the Zoning Board Meetings in the amount of $130.00 per hour plus costs.(Paid out of escrow – No Cert. # required.)(SR)

C-6 Resolution adopting a re-stated Deferred Compensation Plan document with Great West Retirement Services. (MR)

C-7 Resolution adopting amendment to Deferred Compensation Plan with AIG/Valic(.MR)

C-8 Resolution authorizing Land Development Codification to General Code in the amount of $21,376.00 (Base $19,500.00 plus $1,876.00 for 50 additional soft covered pamphlets of LDO for sale to the public (CERT. # 1402) (AFFIRM. ACT.) (MJ)

C-9 Resolution directing the Old Bridge Planning Board to undertake a preliminary investigation to determine whether certain parcels of township land constitutes an area in need of redevelopment (adding 12 acres to the golf course re-development. (ET & JJC)

Attorney Convery stated that the Rose and Lambertson farms were purchased by the Township and they have been deemed areas in need of development. It has been discovered that the township acquired 12 acres adjacent to the proposed golf course. The golf course company inquired if these 12 acres could be used as part of the golf course. If these acres are included in the “area in need of redevelopment” the maintenance facility would be moved there.

Councilman Maher asked where do we stand with the contract with the LLC proposing the course.

Attorney Convery stated that if this area is included, they will be looking into negotiating a lease for a long term lease, so they can financially afford to build the course.

Attorney Convery stated that Mr. Badcock has contacted the State regarding the maximum length of the lease.

Councilman Testino stated that the feedback that he has received is that they are getting discouraged because of all the red tape. The Redevelopment Committee hasn't even starting negotiated because we haven't designated the redevelopment committee. Councilman Testino stated that this council has to start moving through this red tape before we lose the only prospective builder. This property hasn't been designated with a redevelopment plan, so the Redevelopment Agency can negotiate it. This has to go to the planning board and then come back here and adopt the plan, then negotiations can begin.

Councilman Maher stated that the Rose and Lambertson farms were designated redevelopment areas last year.

Councilman Testino stated that the twelve acres are needed in order for them to do a plan.

Councilman Greene stated that they should not be frustrated because they are the ones that brought up the twelve acres and we haven't had a meeting. This is first time that this council is hearing about the 12 acres.

Mr. Badcock stated that acquiring this property will make the situation more attractive. Mr. Badcock stated that they are frustrated because of the red tape, they know that this takes time but they are concerned about the economic changes and they do not want to miss the window of opportunity.

Councilman Calogera stated that he believes that the council has acted rapidly on everything that has been brought before them regarding the golf course.

C-10 Resolution to appoint members (Council Appointment) to the South Central Middlesex County Flood Control Commission as follows: (MJ & JJC) Two (2) representatives – Five (5) years or until term ends (elected). Ellen Ritchie Two (2) Alternate Representatives One (1) year – Designate 1st and 2nd alternates. Lucille Panos

C-11 Resolution for the renewal of Appraisal Services Contract with Buchalski, Reynolds & Brodowski in the maximum amount of $30,000.00. (CERT. #1397) (AFFIRM. ACT.) (BE)

C-12 Resolution authorizing the purchase of graphics kits for new marked vehicles from Graphics Designs International, Inc. ,with funds received from the MCIA in the amount of $3,600.00. (CERT. #1405) (AFFIRM. ACT.) (TC)

C-13 Resolution authorizing the purchase of emergency lighting packages for police vehicles from East Coast Emergency Lighting with funds received from the MCIA in the amount of $35,687.07. (CERT. #1404) (AFFIRM. ACT.) (TC)

C-14 Award of Bid #2005-40 for an Aluminum Pick-Up Truck Insert to Seely Equipment State Contract # A58291 in the amount of $4,750.00. (CERT. # 1395) (AFFIRM. ACT.) (TB)

C-15 Award of Bid #2005-41 for a Paver Roller & Trailer to Jesco Corp., in the amount of $15,239.00. (CERT. #1393) (AFFIRM. ACT.) (TB)

C-16 Award of Bid #2005-42 for three (3) 2006 Chevrolet Silverado 3500 to Princeton Nassau/Conover Ford State Contract #A53249 in the amount of $92,245.00. (CERT. #1396) (AFFIRM. ACT.) (TB)

C-17 Award of Bid #2005-43 for a 2006 Six Yard Dump Truck to International Truck of Central NJ State Contract # A57750 in the amount of $78,598.00. (CERT. #1394) (AFFIRM. ACT.) (TB)

C-18 Award of Bid #2005-37 Re-Bid Fire Sprinkler System – Old Bridge Civic Center To Absolute Protective Systems in the amount of $48,600.00. (CERT. #1398) (AFFIRM. ACT.) (TB)

Moved up.

C-19 Resolution authorizing the payment of legal services to Darren M. Gelber, Esq., of Wilentz, Goldman & Spitzer re: Guillaume v. James J. Ford, et al., Nunc Pro Tunc., in the amount of $3,251.05 (CERT. #1403) (AFFIRM. ACT.) (HS & JJC)

C-20 Resolution offering written consent to a proposed revision to the Lower Raritan-Middlesex County Water Quality Management (WMP) Plan. (JJC)

Attorney Convery stated that this has been requested from the OBMUA. This is so that that the developer can bring water to the development. Attorney Convery asked the Township Engineer if this is recommended.

Mr. Cleary stated that its requested by the County so that the plan can be amended to bring water and sewer to the development.

C-21 Change Order to increase Contract #2005-26 for Cindy Street Improvements (State aided) by $12,225.00 from $470,450.00 to $482,675.00 – a change order of 2.6%. The change order is to include Par Avenue (street from Scott Carpenter School to Cindy Street) in the project. (CERT. #1399) (JC)

C-22 Resolution authorizing subordination of a certain CDBG Mortgage for Ellen Walsh, 48 Gaub Road, Block 15515 Lot 522.

C-23 Resolution authorizing the purchase of InfoCop from Promedia under State Contract #A81225 in the amount of “Not To Exceed” $97,806.00. (CERT. #1401) (AFFIRM. ACT.) (TC)

C-24 Resolution authorizing the purchase of Police Mobile Data Terminals from Quality Communications under State Contract # 88804 in the amount of “Not To Exceed” $135,640.00. (CERT. #1400) (AFFIRM. ACT.) (TC)

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

WHEREAS, Township Ordinance #29-2005 requires that release of Executive Session minutes must be made available upon formal motion and vote of the majority of the Township Council; and

WHEREAS, an OPRA request has been served upon the Custodian of Records for Executive Session dated September 4, 2001 (Thomas Hallock v. Township of Old Bridge)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk, Custodian of Records is hereby authorized to release said executive minutes to the Township Attorney for review of said Executive Session minutes to determine whether or not any material therein falls within any exception to the Open Public Records Act (OPRA) under NJSA 47:1A-1 et seq., established by other laws, by Executive Orders issued by the Governor, or by regulations adopted by the various State agencies.

IT IS FURTHER RESOLVED that any material which is determined to be an exception to the Open Public Records Act requirements shall be redacted from the Executive Session minutes prior to release; and

IT IS FURTHER RESOLVED that upon redaction, if any, by the Township Attorney, the Executive Session minutes shall be released pursuant to the OPRA request.

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

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

Attorney Convery stated that action is needed because this is an OPRA request and there is a timeline issue. Attorney Convery stated that he would review the minutes and make sure that there is nothing in them that is privileged and if so, the attorney will redact them.

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

RESOLUTION #487

WHEREAS, Township Ordinance #29-2005 requires that release of Executive Session minutes must be made available upon formal motion and vote of the majority of the Township Council; and

WHEREAS, an OPRA request has been served upon the Custodian of Records for Executive Session dated August 28, 2000 (Settlement Proposal Global Landfill and Payment of Accumulated Time).

IT IS FURTHER RESOLVED that any material which is determined to be an exception to the Open Public Records Act requirements shall be redacted from the Executive Session minutes prior to release; and

IT IS FURTHER RESOLVED that upon redaction, if any, by the Township Attorney, the Executive Session minutes shall be released pursuant to the OPRA request.

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

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

Attorney Convery stated that he has reviewed these minutes. The matter of the Global Landfill is still pending, even though it is not actively in litigation. There is an outside counsel that is negotiating with the insurance companies. Attorney Convery spoke with the attorney and will be receiving a letter regarding the status of the negotiations. Attorney Convery recommended not releasing these minutes on Global Landfill.

Attorney Convery stated that the other issue for the date requested relates to a particular employee, who was last employed on September 21, 2000. This person received payment for his accumulated time. This matter does not appear to be privileged any longer. Attorney Convery recommends that these minutes be released after he reviews them and redacts; if necessary.

BOND ORDINANCE AUTHORIZING ACQUISITION OF VARIOUS PIECES OF FURNITURE AND EQUIPMENT FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $372,750 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $355,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $372,750;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $355,000;

(c) a down payment in the amount of $17,750 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $355,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $17,750, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $355,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $355,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $60,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Purpose/Improvement Estimated Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Acquisition Park Maintenance Equipment, including Backhoe, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $78,750 $3,750 $75,000 5 years

B. Acquisition of Various Pieces of Furniture and Equipment including, Office Furniture and Carpeting for the Recreation Department, a Court Room Recording System, Dispatch Console for the Police Department and Furniture for the Code Enforcement Department, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 136,500 6,500 130,000 5 years

C. Acquisition of Video Cameras for Patrol Cars, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 157,500 7,500 150,000 5 years

Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 5.00 years.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $355,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 11. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 12. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

Attorney Convery stated that Councilman Calogera take all the time that he need in order to vote. Attorney Convery stated that he did not want to set a precedent by allowing a member to pass. Attorney Convery stated that this could lead to disarray and a bad practice.

Councilman Calogera stated that he does not agree with the Attorney and again requested to exercise his right to pass.

Attorney Convery stated that Councilman Calogera can either vote “yes, no or abstain”. Attorney Convery asked Councilman Calogera which way he was going to vote.

Attorney Convery stated that if every council person passed, we would never be able to get a decision.

Councilman Calogera stated that he is passing because he wants to know what he is voting on.

Attorney Convery stated that this is a bond ordinance for first reading for furniture and equipment.

BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS RECREATIONAL IMPROVEMENTS IN AND FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $2,369,850 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $2,257,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $2,369,850;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $2,257,000;

(c) a down payment in the amount of $112,850 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $2,257,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $112,850, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $2,257,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $2,257,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $360,000.

Purpose/Improvement Estimated Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Various Improvements to Parks and Recreational Facilities throughout the Township, including Security Improvement, Replacement of the Tot Lot and Construction of Dugouts at the Softball Field, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto $2,369,850 $112,850 $2,257,000 15 years

Section 8. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $2,257,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 9. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 10. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 11. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 13. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 14. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 15. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS AND THE ACQUISITION OF VARIOUS PIECES OF CAPITAL EQUIPMENT IN AND FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $855,225 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $814,500; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $855,225;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $814,500;

(c) a down payment in the amount of $40,725 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $814,500, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $40,725, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $814,500 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $814,500 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Purpose/Improvement Estimated Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Various Improvements to Township Buildings and Facilities including, the Lawrence Harbor Annex, Municipal Complex and Courtyard, and Civic CTR Theater, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $676,725 $32,225 $644,500 15 years

B. Resurfacing, Curbing and Repairs (Phase II) and Replacement of Municipal Parking Lot Light Poles, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 147,000 7,000 140,000 15 years

C. Improvements to Lighting and Ventilation at Shooting Range for Township Police Department, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 31,500 1,500 30,000 15 years

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $814,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS ROAD, DRAINAGE AND TRAFFIC IMPROVEMENTS IN AND FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $2,542,050 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $2,421,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $2,542,050;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $2,421,000;

(c) a down payment in the amount of $121,050 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $2,421,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $121,050, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $2,421,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $2,421,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Purpose/Improvement Estimated Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Resurfacing, Restriping, Curbing and Drainage Improvements to Various Roads throughout the Township, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto, all as more particularly described in the records on file in the offices of the Township $2,426,550 $115,550 $2,311,000 10 years

B. Costs Associated with a Piping Study of the Cook Avenue Drainage Ditch, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 31,500 1,500 30,000 5 years

C. Safety Improvements at Lambertson, Farrington, Florek and Valley Vail to Higgins, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 84,000 4,000 80,000 10 years

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $2,421,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

Attorney Convery stated that this has been discussed and there was discussion about adding money to this. As the attorney Mr. Convery stated that all the documentation that is on file with the clerk's office and the actual bond ordinance as written calls for road drainage and traffic improvement in the amount of $2,542,050.00/2,421,000.00. Attorney Convery stated that you can either vote on this amount or table it. Attorney Convery stated that for first reading, it has to go in the way that it is right now.

Councilman Greene stated that adding additional money was discussed and that this could have been discussed in a work shop and then put together the ordinance because now the attorney tells us that we cannot change the amount. Councilman Greene stated that he will leave this with the understanding that he can revisit this in January with a supplemental bond ordinance.

Mr. Cleary stated that it was for road shoulders widening and sidewalk installations.

Councilman Gillespie stated that this was in response to a resident's complaints. This is also for traffic calming and pedestrian safety.

Councilman Gillespie stated that as someone who has walked along Ticetown Road, he believes that the residents concerned are well founded.

Councilman Calogera stated that he has asked numerous times for the safety issues to be addressed on Ticetown Road. There have been numerous accidents and numerous cars have been driven onto the front lawn of Mr. Samuels.

Councilman Maher asked if this ordinance was for an installation of a sidewalk or for a study.

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF COMPUTER EQUIPMENT AND TECHNOLOGY IMPROVEMENTS FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $370,125 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $352,500; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $370,125;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $352,500;

(c) a down payment in the amount of $17,625 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $352,500, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $17,625, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $352,500 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $352,500 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Purpose/Improvement Estimated Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Acquisition Various Pieces of Computer Equipment and Technology Improvements, including Software and Computers, Geographic Information System and Voicemail System, Costs Associated with the Development of a Document Imaging System, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $370,125 $17,625
$352,500
5 years

Section 8. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $352,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.