Old Bridge Township, New Jersey - December 5, 2005 Minutes

An Agenda Meeting of the Township Council of the Township of Old Bridge was held on Monday, December 5, 2005 in the Municipal Complex. President Baker called the meeting to order at 7:30 p.m., He asked all present to participate in a salute to the flag which was followed by a short prayer. President Baker requested a moment of silence for our troops in harms way.

Deputy Clerk Ward announced that the meeting was being held in conformance with the Open Public Meetings Act and that notice had been given to the newspapers and posted in public places. Deputy Ward called the roll with the following answering present: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.

PROCLAMATION

Pearl Harbor Remembrance Day - December 7th

Mayor Phillips presented this Proclamation to the members of the Cheesequake Memorial Post. John Antonovitch accepted on behalf of the post and thanked the Mayor and Council members for their continued support. He also thanked the Mayor and Council for the Pearl Harbor Drive street sign at One Old Bridge Plaza.

BUDGET AMENDMENTS

Himanshu Shah stated that based on the Workshop discussion he has modified the amendments that were received in the packets. Based on a discussion with the township attorney the amendments were incorporated into the budget and the revised totals were read by Scott Wolman and a revised copy was presented to the Council.

INTRODUCTION OF BUDGET AMENDMENTS SFY 2006

RESOLUTION NO. 522

WHEREAS, the local municipal budget for SFY 2006 was introduced the 22nd day of August 2005; and

WHEREAS, it is desired to amend said introduced budget.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the amendments to the introduced budget of SFY 2006 be made as per the attached;

BE IT FURTHER RESOLVED that the proposed amendments will be advertised in the Home News Tribune on Thursday, December 8, 2005;

BE IT FURTHER RESOLVED that a public hearing will be held on the proposed amendments on Monday, December 12, 2005

BE IT FURTHER RESOLVED, that three certified copies of this resolution be filed forthwith in the office of the Director of Local Government Services for certification of the 2006 local municipal budget so amended.

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

AYES: Councilman Butler, Calogera, Gillespie, Greene, Volkert, President Baker

NAYS: Councilman Maher

ABSENT PODIUM: Councilman Testino, Councilwoman Panos

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

Attorney Convery inquired as to whether or not there was a "typo" in the dedicated revenues to the Arena Utility. It's noted that the Operating Salaries and Wages changes by approximately $10,000, should there be a change or is it a "typo"?

Himanshu Shah responded that it was a "typo" and the change needs to be made and the totals will be corrected and will be part of the budget amendments.

Attorney Convery explained that a Budget Workshop was held prior to this meeting and as a result Mr. Shah was advised to go back and make the changes so that the budget could be introduced this evening. There will be a public hearing on these amendments on December 12, 2005, so if there are any additional questions, they should be held until the public hearing at which time both the Council and public can both comment before any further adoption of the amendments.

Councilman Maher stated that he had a bunch of amendments that he sent to Mr. Shah dated November 28th and I would like to know if these are incorporated in here and if not he wants to go "line-by-line".

Himanshu Shah stated that he responded to both of Mr. Maher's memos and copies to the Council President.

Councilman Maher asked if additional surplus was used?

Himanshu Shah responded "no".

Attorney Convery explained again that we had a budget workshop meeting from 6pm-7pm to resolve any and all outstanding questions and Mr. Shah explained to the entire Council and the public that this must be advertised on December 8, 2005 in order for this to be on for public hearing on December 12, 2005, so that the amendments can be adopted. That will lead to the possible adoption of the amended budget on the 12th which will comply with our State deadline. It appears that any further discussion and questions at this point would be superfluous and it important to follow this time line and you can ask any questions you want at that public hearing on the 12th .

Councilman Maher inquired if anyone took his list of amendments dated November 28th and reviewed them with Council at this workshop?

President Baker stated that Mr. Maher's document was circulated.

Attorney Convery stated that he did not know to what extent it was incorporated into other amendments.

Himanshu Shah stated he did not recollect them.

Councilman Maher inquired if additional surplus was used?

Himanshu Shah responded "no".

Councilman Maher inquired if the maximum miscellaneous was being used?

Himanshu Shah stated he as well as the auditors felt that we have been very aggressive in use of revenues.

President Baker requested that Mr. Maher yield his questions till December 12th and not keep us all on questions that we just spent two hours reviewing. The budget was introduced on July 15th, we had workshops in August, September; a budget hearing on September 26th and another workshop tonight, all that is being asked is as a courtesy to hold your questions to December 12th, because we have all gone through this already.

Councilman Maher stated that he did not go through this and to his knowledge he was the only one who submitted amendments to Mr. Shah.

President Baker responded that was actually not true. All that is being asked, again, is to hold your questions till December 12th, when you will be heard and your questions answered. We have been here since 6pm, and you have not, and it is not a stretch to ask for some courtesy not to have to go over again what we reviewed from 6pm till this point.

Councilman Maher stated this is an Agenda meeting and the purpose is due diligence and ask questions.

President Baker responded that due diligence would have been to be at the budget workshop meeting and you were not so all that is being asked of you is to hold your questions till the December 12th meeting.

Councilman Maher responded not everyone can make a meeting at 6 p.m.

President Baker again reiterated that Mr. Maher could have his questions answered at the December 12th meeting.

Councilman Maher inquired about the receipts for delinquent taxes and was the maximum being used?

Himanshu Shah responded that he had explained as well as provided documents to Mr. Maher that show that we very close and will make the numbers anticipated in the budget this year and we are using the maximum number that he could recommend to use.

Councilman Maher questioned judgments?

Himanshu Shah stated that there was $100.00 budgeted in the report.

Councilman Maher inquired about matching grants and was that eliminated?

Himanshu Shah responded no because if we do get the grant we are required to match during the year then we would not have the funding and we would have to go to Emergency Appropriation and that is not a proper way to do the budgeting. There is $10,000 in the budget for matching grants.

Councilman Maher inquired about employee terminations?

Himanshu Shah responded that we are going through some contracts that could possibly affect the retirement figure so he recommended that the figure in the budget be maintained. The overall financial picture that was given to you has no change and there is no error and that the financial position has not changed and our auditors are well aware of that and they will be presenting the final audit before the end of the year. With regard to other questions posed by Mr. Maher, Mr. Shah had provided answers in memos sent to him.

Councilman Maher inquired about taxation of new homes.

Himanshu Shah responded that in calculating the rate this has been taken into consideration and this was explained during the workshop meeting.

Councilman Maher stated that he recommended not filling vacancies.

Himanshu Shah responded that there was a discussion and agreement to reduce three vacant positions, actually eliminating two positions and outsourcing the service for the parks for the mowing service. Councilman Greene brought up the issue and after some discussion the suggestions were incorporated into the amendments and all the council members agreed to do that.

Mayor Phillips stated that there is a Police Academy class starting on January 15, 2006 and in discussion with Chief Collow, in order to maintain the department at 104 men we need to have the next three men on the list enrolled in this class, so that by the time their training is complete any vacant positions will be filled and the force will be at 104 members.

DISCUSSION

Guest - Raymond Farrell, Esq., to respond to any questions concerning the YMCA Agreements.

Raymond Farrell stated that the board of the Western Monmouth YMCA has authorized him to execute the draft agreement negotiated with the Township of Old Bridge and their organization.

Councilman Maher stated that he supported this agreement.

Councilman Testino stated he would like to compliment the Western Monmouth YMCA and thank Mr. Farrell, who is a resident of Old Bridge for all his hard work in bringing the YMCA to Old Bridge and has confidence in their ability to make this project successful and was looking forward to a long wonderful relationship with this organization.

Councilman Greene stated that we had anticipated a 50,000 sq. ft. facility and in reviewing the information it appears that the facility will be approximately 30,000 sq. ft., with the potential for expanding. Your liability is between 1 million and 1.5 million dollars and the total cost for construction is 5.5 million, of which 3 million comes from the County's
Commitment; also 1.2-1.5 million is anticipated from donations and pledges. In regard to the donations and pledges how do you stand right now?

Mayor Phillips stated the fund raising has been headed up by George Scharf, Jonathan Heilbrunn, and Russ Azzarello. Mr. Scharf has advised that between 1.2-1.3 million dollars has been raised from various commitments. It is believed that once people can see the actual facility, additional pledges and contributions will be forthcoming.

Councilman Greene inquired as what the 30,000 sq. ft. facility would consist of at this point?

Cynthia Joy stated the facility will have a pool, a full size gym with a track, locker rooms, meeting rooms, in a traditional YMCA setting. They feel it is a perfect size to start and hopefully will be added on to. With regard to programs, all the traditional YMCA programs will be available at this facility.

Mayor Phillips stated that out of a suggestion from Mr. Shah, the following will be applicable; if the bank is going to finance the project, and the township owns the land, it would be prudent to guarantee the debt which cannot be decreased until they come back to the township and should they fail to make the payments on the building, the building reverts to the township. This is structured in such a way that the Western Monmouth YMCA will make the debt service payment, be in charge of operating the facility and we will guarantee the debt only in event if they fail to make the payments the building then reverts back to the township.

Mr. Farrell stated that he believes this organization will be an asset to Old Bridge Township and become an important part of this community over the coming years.

Attorney Convery stated that recently Administration got together with Mr. Farrell and Ms. Joy to go over these two agreements. One is a Redevelopment Agreement which is between the YMCA and Redevelopment Agency and this is called the developer agreement. The other document is the land lease agreement which is part of the Mannino tract, where this facility will be located.

Mr. Farrell stated that he has a resolution from his Board authorizing finalization of these agreements.

Mr. Convery stated that he has drafted resolutions for these two agreements which authorizes the Mayor and Township Clerk to sign off on both and recommended that these two resolutions be placed on the December 12th Agenda for vote by the Council so that we can move forward.

Councilman Gillespie commended Mr. Farrell and Ms. Joy for their work. He inquired if the YMCA has ever used Green Building Standards or LED standards for energy efficiency and water consumption because for a facility this size it is something that should be explored?

Ms. Joy responded that this would be considered.

Councilman Butler stated that he has worked closely with the YMCA and recommended that with regard to energy, they should contact JCP&L as they would be willing to work with the YMCA to help conserve energy costs.

Mayor Phillips stated that bringing this YMCA to Old Bridge has been the act of many people. He thanked Mr. Farrell and Ms. Joy for their efforts and feels comfortable with them in control of the project.

HEARINGS

H-1 Release/Reduction Performance Guarantee Wendy's - Application #88-03

President Baker inquired if there was anyone present representing Wendy's. Seeing no one present, President Baker requested that the Clerk contact Wendy's and determine what happened.

Attorney Convery stated that a letter is usually sent advising them of the conditions of the release and that as a corporation they must appear and he inquired whether or not we had any communication from them.

Deputy Clerk Ward advised that Wendy's had been notified in conformance with terms of the release and the December 5, 2005 date was noted.

Attorney Convery stated he would reach out to Mr. Heilbrunn and see if there was any reason why they did not attend this evening and will report back to the Council on December 12th.

President Baker opened the public portion regarding Wendy's, seeing no hands he closed the public portion.

ACTION ITEMS

RESOLUTION AWARDING CONTRACT #2005-45 TO DIAMOND CONSTRUCTION FOR PARK & RIDE SNOW REMOVAL

RESOLUTION NO. 523

Be it resolved by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #2005-45 for Park & Ride Snow Removal; and

WHEREAS, bids were received and opened on November 4, 2005; and

WHEREAS, the Township Council wishes to award the contract for Park & Ride Snow Removal to Diamond Construction located at 35 Beaverson Blvd., Suite 9A, Brick, New Jersey 08723.

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. Diamond Construction, is hereby awarded a contract for Park & Ride snow removal in the amount not to exceed $15,000.00

2. Diamond Construction will provide the Township with Park & Ride snow removal specified in the bid.

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1407 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is contingent upon the following

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

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

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

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

NAYS: None

RESOLUTION IN SUPPORT OF THE "YOU DRINK AND DRIVE, YOU LOSE:, 2005 YEAR END CAMPAIGN

RESOLUTION NO. 524

Be it resolved by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:

WHEREAS, the Township of Old Bridge Police Department wishes to participate in the State of New Jersey, Division of Highway Traffic Safety campaign "You Drink and Drive, You Lose" 2005 Year End enforcement program; and

WHEREAS, the purpose of this campaign is to make the public aware of the action and undertake visible, targeted-impaired driving enforcement at the end of this year and to start the new; and

WHEREAS, the four week campaign will run during the weeks of December 5, 2005 through January 4, 2006 since this is traditionally a time of increased drunk driving.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township of Old Bridge Police Department will support and participate in the State of New Jersey, Division of Highway Traffic Safety campaign "You drink and Drive, You Loose" 2005 Year End enforcement program from December 5, 2005 through January 4, 2006.

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, Councilwoman Panos, President Baker

NAYS: None

President Baker opened the matter to the public, seeing no hands he closed the public portion.

ORDINANCES (ADOPTION & PUBLIC HEARINGS)

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 32-2005

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").

Section 2. It is hereby found, determined and declared as follows:

(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.

Section 13. The Township hereby covenants as follows:

(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 Butler, seconded by President Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilwoman Panos.

Prior to the roll call vote President Baker opened this matter to the public, seeing no hands he closed the public portion.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 33-2005

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

Section 2. It is hereby found, determined and declared as follows:

(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.

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.

Section 12. The Township hereby covenants as follows:

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

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

NAYS: None.

Prior to the roll call vote, President Baker opened this matter to the public, seeing no hands he closed the public portion.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 34-2005

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

Section 2. It is hereby found, determined and declared as follows:

(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.

Section 13. The Township hereby covenants as follows:

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

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

NAYS: None.

Prior to the roll call vote President Baker opened this matter to the public; seeing no hands he closed the public portion.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 35-2005

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

Section 2. It is hereby found, determined and declared as follows:

(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.

Section 13. The Township hereby covenants as follows:

(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, Councilwoman Panos, President Baker.

NAYS: None.

Prior to the roll call vote, President Baker opened this matter to the public, seeing no hands he closed the public portion.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 36-2005

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

Section 2. It is hereby found, determined and declared as follows:

(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 $352,500.00, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $17,625.00, 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.

Section 12. The Township hereby covenants as follows:

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

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

NAYS: None.

Prior to the roll call vote President Baker opened this matter to the public, seeing no hands he closed the public portion.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 37-2005

AN ORDINANCE AMENDING THE LAND DEVELOPMNT 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:

Section 1. Purpose

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.

Section 2. Amendment to Article IV - Procedure

Subsection 4-6F is hereby amended to read as follows:

F. DIGITIZED COPY REQUIRED

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 shaperfile or Drawing Exchange (DXF) format file drawing interchange file compatible with AutoCad.

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

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

NAYS: None.

Prior to the roll call vote President Baker opened this matter to the public, seeing no hands he closed the public portion.

Councilman Gillespie questioned the matter with regard to single lot and changes for individual homeowners. Right now they can come before the board without an attorney, they do not have to hire an engineer or surveyor, they simply present their case and usually the boards are receptive. He requested that a change be made to keep the regulations for this type of request the same and ask the attorney to draft an amendment incorporating this change.

Attorney Convery stated he understood Mr. Gillespie's concern about the small applicant, but if we go ahead and pass this tonight we can still amend it at a later time. It was agreed to go forward and pass it this evening and look at it in the future.

ORDINANCE NO. 38-05

Adopting the Codification of Old Bridge Ordinances.

MOTION

Motion to table Ordinance #38-05 made by Councilman Testino, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

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

Attorney Convery stated that this was a tremendous undertaking to codify the ordinances, which have not been done since 1973. You are taking everything that has gone on since that time to the present and trying to come to a codification. We tried to eliminate antiquated or obsolete provisions of the ordinances or ones that were not in line with current state law. Also, we tried to revise the fees to what would be the best present level for same. As far a penalties we indicated they would be the maximum allowable by law for the greater benefit of the township. The next thing is we tried to reconcile conflicting provisions, and with the work of a very good editor from the codification service we tried to eliminate those conflicts. We also tried to reorganize the Table of Contents to be more user friendly. A draft was provided as well as a Derivation Table to show you where changes were made and what the old sections were. This document is not perfect, but it is a very good start to bring the ordinances together in one place where the Council, the staff and the public can view it. Right now it is on line with the General Code Publishers. Once it is approved it will be on line through the township. Even though there might be some minor changes, it would make sense to try and get this passed and then deal with the changes and exceptions on another date. One minor change included as per request by the Rose-Marie Saracino, Township Clerk, she wants to the dog registration fee to be $8.80, it was listed as $5.80, it is a type, and it is not a substantial change and if this is passed tonight. There are also some other minor things that need changing and will come back to the Council within 30 days and make recommendations, but it is important to get this approved and on-line.

Councilman Greene stated he had spoken with Mr. Convery several times during the week and expressed concerns. With regard to the changes in the fees, although he had no objections to the increases, the fact that it was never brought up for discussion, concerns him. There have also been arbitrary changes that should not have been made that clearly are outside of the codification and clearly takes away some legislative power from the Council and felt he could not accept the code and somewhere down the road accept changes to be made. He will not support a document that does not represent the truth and will vote no.

Councilman Testino stated that he always guarded the powers of the Council and think that we need some time if Councilman Greene has concerns, because he also harbors some of the same concerns and would like to know especially in the new round of revisions if there have been any shifts in the power of Council and would like to speak with Mr. Greene privately to discuss his concerns.

DISCUSSION ORDINANCE

DO-1 Ordinance authorizing the sale of vacated walkway to adjoining property owners. (This ordinance authorizes the sale of a 15ft. wide walkway, which is no longer needed for public purposes, to the adjoining property owners).

Attorney Convery stated this has to be done by ordinance, this 15 ft. wide walkway goes from Rt. 35 at Shoreland Circle and everyone agrees that this walkway is no longer needed by the township and we sent letters to the two adjoining property owners and they would have to pay for the land, so this can be put on the agenda for first reading on December 12, 2005 and since it is of no value to the town, we would vacate it with the understanding it would be sold to an adjoining property owner for as much value as we can obtain.

Councilman Testino inquired if this was where the old Marathon Bus Stop used to be and he was familiar with the path, and as there is no longer a bus stop there he is in agreement with the sale.

Councilman Volkert stated that you would not know it was a walkway because now, because the property owners have been using it and there is no access to the highway.

APPROVAL OF MINUTES - (12/12/05)

September 19, 2005 - Agenda Meeting & October 24, 2005 - Agenda Meeting

CERTIFICATES (12/12/05)

Old Bridge Freshman Baseball Team GMC Middlesex County Tournament - 2005

HEARINGS (12/12/05)

H-1 Release/Reduction Performance Guarantee Matthew Daskalakis Application #64-94PA2

H-2 Release/Reduction Performance Guarantee - Farrington Ridge

Attorney Convery advised that this matter is scheduled for the December 12th meeting and no additional notification will be necessary.

H-3 Release/Reduction of Performance Guarantee - Old Bridge Funeral Home.

ADOPTION OF BUDGET - 12/12/05

Adoption of Budge Amendments
Adoption of Amended 2006 Municipal Budget

ORDINANCE FOR FIRST READING - (12/12/05)

FR-1 - Ordinance adopting Chapter 331, Parking Permits

ORDINANCES FOR SECOND READING (12/12/05)

ORD. #39-2005 Adopting Chapter 30, Alcoholic Beverages Article IH, Possession or Consumption on Private Property by Underage Persons

Councilman Maher inquired if this was a new ordinance?

Attorney Convery responded that this was prepared by the Codification Service so that it would be a new ordinance.

Councilman Maher requested some additional background on this matter.

ORD. #40-2005 Amend Recreation Fee Ordinance - Reduction of softball field Rental fees for the Township Senior Softball League from $20.000 to $10.00 per game

ORD. #41-2005 Ordinance relating to benefits for non union employees.

CONSENT AGENDA

C-1 Bingo/Raffle BA 16-06 & RA 17-06 Jewish Community Center BA 18-06, RA 19-06, RA 20-06, & RA 21-06 Walter Schirra PTA BA22-06 St Ambrose Home School Association BA25-06; BA26-06 & BA 27-06 St. Ambrose

C-2 Award of Professional Services Contract to the architectural firm of The Spiezle Group for the preliminary design for an addition to the Civic Center Outdoor Amphitheater in the amount of $20,750.00. (CERT. # 1408) (AFFIRM. ACT.) (JC)

C-3 Refund Request – Birchwood at Old Bridge Senior Apartments request a refund in the amount of $720.00 from Code Enforcement for inspections made to various apartments by the Code Enforcement Dept. (RMS)

C-4 Approval of the year 2006 Council Meeting Schedule. (RMS)

C-5 Temporary Budget Appropriation for Fiscal Year 2006 – Current Budget in the amount of $3,878,095.00 Arena Utility in the amount of $33,000.00 and Parking Utility in the amount of $14,000.00 totaling $3,925,095.00. (HS)

Councilman Calogera noted there was a large amount of combined meetings, his concern was having the Agenda portion first and then acting on items at the same meeting. His suggestion was to change, for example, if the regular part of the agenda were first and then the following week's agenda was done in the second part of the meeting, then we could have time for obtaining additional information and not vote on the agenda we were acting on that night. It is just reversing it and will give us more time.

Clerk Rose-Marie Saracino responded that she understood Councilman Calogera's request.

President Baker stated that an ordinance will be required . We will ask the attorney to draft an ordinance requesting the changes and see how much support you have and we will go from there.

Councilman Testino disagreed because Administration sometimes cannot get the information in time, so if we push up their schedule by two weeks, we are not going to have much to talk about at one meeting here or there, but what would be more appropriate if like in other towns if they have combined meetings, they do the whole agenda meeting, take a break and come back and do the regular meeting so there is no confusion.

President Baker requested that the Council member send your concerns and recommendations to Rose-Marie and they can be reviewed by the Council and it can be discussed at the next meeting.

Councilman Butler stated that he had made a similar suggestion in 2002 about combined meetings, since a lot of duplication and rehashing of the information is done at the Agenda meeting and then repeated at the Regular meeting.

Councilwoman Panos stated she would also like to receive recommendations from Administration and the Clerk on this matter.

Councilman Gillespie stated he was prepared to accept the schedule as written, with the exception of the meeting on September 11th, he was opposed to having a meeting on that date.

President Baker requested Clerk Rose-Marie Saracino make the necessary changes to the schedule per this request.

C-6 Resolution for Renewal of Membership in the Central Jersey Joint Insurance Fund. (HS)

C-7 Resolution for the Governmental Risk Managers, Inc., (William Kurtz) to oversee the Township's Health Benefits Program in the amount of $35,000.00. (No Certification Number needed – funds being paid from company). (MJ)

C-8 Resolution establishing Cafeteria Plan IRS Code 125. (MJ)

C-9 Resolution adopting changes to an existing Deferred Compensation Plan pursuant to the Job Creation and Worker Assistance Act of 2002, Internal Revenue Code Section 457 regulations, Internal Revenue Service Revenue Procedure 2004-56 and Internal Revenue Service Revenue Procedure 2004-12. (MR)

C-10 Resolution to cancel real estate taxes in the amount of $11,102.40 and to refund real estate taxes in the amount of $9,393.76 on properties which are deemed Affordable Housing Units but were not assessed as such. (KS)

C-11 Resolution to Award Contract # 2005-45 to Diamond Construction for Park & Ride Snow Removal in the amount “Not To Exceed” $15,000.00.
(CERT. # 1407) (AFFIRM. ACT.) (HS) (ACTION ITEM TONIGHT 12/5/05)

C-12 Resolution to cancel outstanding Current Fund and Payroll Deductions checks in the amount totaling $2,384.44. (HS)

C-13 Changing the custodian of Petty Cash for the Engineering Dept – Replacing Pinder Sumal with James Cleary, Township Engineer.

C-14 Resolution to authorize the Mayor and Township Clerk to sign all documents needed to implement the YMCA Land Lease and Developers Agreement. (JP)

C-15 Sale of surplus property (car parts) to the Old Bridge School system in the amount of $1.00. (HS)

C-16 Resolution in support of “You Drink and Drive, You Lose” 2005 year end enforcement program. (JR) (ACTION ITEM TONIGHT 12/5/05)

President Baker opened the meeting to the public; seeing no hands he closed the public portion.

LIQUOR LICENSE

LL-1 Renewal of Pocket License - Arkay Bar, Inc., License #1209-33-002-001 (July 1, 2005 - June 30, 2006)

COUNCIL COMMENTS

Councilwoman Panos commented on the appointments to various committees by the Council. She requested reports from the various committees as to how many meetings were held, the attendance and other pertinent information regarding the particular committee.

Clerk Rose-Marie Saracino responded she would request the reports from the various boards and/or committees.

EXECUTIVE SESSION

RESOLUTION NO. 525

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

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. 10:4-12 and 13 for the discussion of the following matter or matters:

Personnel
Anticipated Litigation
Labor Negotiations

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

AYES: Councilmen Butler, Calogera, Gillespie, Maher, Councilwoman Panos, President Baker

NAYS: None.

ABSENT PODIUM: Councilmen Greene, Testino, Volkert

Motion

Motion to adjourn at 9:35 p.m., made by Councilwoman Panos, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

____________________________
William Baker, Council President

_______________________________
Rose-Marie Saracino, Township Clerk

vo
dist.

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