Old Bridge Township, New Jersey - January 22, 2001 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

January 22, 2001

A Regular meeting of the Township Council of the Township of Old Bridge was held on January 22, 2001 in the Municipal Complex. The meeting was called to order by President Maher who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places.

Roll call at 8:05 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, and President Maher. Councilman Testino arrived late. Councilman Hoff and Councilwoman Marinaccio were absent.

Councilman Cucchiara asked for a moment of silence for Bertus Shelters, Fire Commissioner who passed away this week.

Approval of Minutes

RESOLUTION #49

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

WHEREAS, the following minutes are hereby approved

Combined Meeting - November 13, 2000

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, President Maher.

NAYS: None

ABSENT: Councilmen Hoff, Testino, Councilwoman Marinaccio.

Bill List

RESOLUTION #50

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 23, 2001 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of January 23, 2001 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $10,460,388.33 (Accounts Payable).

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, President Maher.

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Marinaccio.

Bill List

RESOLUTION #51

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

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

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

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, President Maher.

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Marinaccio.

Bill List

RESOLUTION #52

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

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

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

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

AYES: Councilmen Butler, Cucchiara, Redmond, Sohor.

NAYS: Councilman Greene, President Maher.

ABSENT: Councilmen Hoff, Testino, Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Redmond: What is the dog trust fund?

Administrator Shepler: This has been approved by the police department and I do not have the specific on this.

Report of the Attorney

Attorney Ruggierio: On January 26^th we have the conference on the Oakwood case before Judge McCormack. The Hovnanian developer is now out of the picture. I will be handing out a brief that I have filed in response to the lawsuit by an individual who is alleging that one of our foreclosures ( which was handled by a firm in Trenton) is invalid, he is attempting to join the township as a third party, which I have opposed. On January 29^th I have a trial date in the Route 516 acquisition, regarding the CVS building. There is a good chance that this will be postponed. We are before Judge Wolfson in connection with the Sommers case on January 30th. On February 2^nd we are before the same judge in connection with the Canyon Woods matter, it appears that this case may be close to a resolution. On February 6^th we will be before the 3^rd Circuit in connection with the North County case.

MOTION

To accept the report of the attorney by Councilman Butler, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, President Maher.

NAYS: None.

ABSENT: Councilmen Hoff, Testino, Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Greene: I would like to have more information regarding the Oakwood development.

Attorney Ruggierio: I will pass out to the council tonight a submission that I made to the court that has within it all the defects categorized into major and minor items. The court lists this case as "Kalian vs. Old Bridge".

Councilman Greene: Where does this stand in the court? Do you see a decision in the near future?

Attorney Ruggierio: There was a pending application before the planning board and as I have told you, judges are less likely to take a case that they think will be resolved. What was happening in this case was that my adversaries were arguing that there was a white knight before the planning board, if Hovnanian was approved by the planning board all problems will go away.

The court was sympathetic to the idea that there wouldn't need to be discovery and motions and court proceedings if there was a chance of a white knight. I think that I now have a very good argument that we should proceed with enforcement proceeding against the bonding companies and Lennar and Kaplan.

Councilman Greene: What is the dollar value of the suit?

Attorney Ruggierio: You will be able to see the dollar values on the grids that I will be handing out. It is around a million dollars.

Councilman Redmond: In this case we have a LLC (Limited Liability Corporation) that has declared bankruptcy, is that what happened?

Attorney Ruggierio: No. Oakwood at Madison is a very old development and at some point Kaplan owned the whole tract which they began to develop in sections and as they did so they posted bonds. The obligations under those bonds in many cases were not only the Kaplan entity that was the corporation but also the individuals, Morris Kaplan and his brother as well as a bonding company. When Kaplan hit financial problems they started to try and get cash flow out of the property and they sold off a piece of the development rights to Kalian. Even though Kaplan still had responsibility for it, Kalian came in and posted bonds for property they didn't actually own. We have bonds from Kalian in one section and other sections are Kaplan and large sections of the undeveloped site belongs to Lenar. Our engineer was concerned about this giant section was completely cleared but Kaplan got into severe financial trouble and never moved on that section, even though they denuded the section of vegetation and now you have this large area of denuded land for which there is no bond posted so we have to sue Kaplan and the parties involved in denuding the site. I did bring earlier the graphic to help you understand the different sections.

Councilman Redmond: Under the present statutes, can any of the principals in this matter form another LLC and come in and develop another piece of property in this township?

Attorney Ruggierio: Yes.

Councilman Redmond: We know that these principals are developing in other places. Is there any way that we can pass legislation at the municipal level that bans people that have defaulted in performance bonds in the township to prevent them from building elsewhere?

Attorney Ruggierio: This has been before the State Legislature; bills to allow municipalities to do that. The answer is no, you cannot do it at this time. I would think that you would have to have a better basis then them just experiencing financial hardships.

Preliminary Public Comments

Lucille Panos: At the reorganization meeting you re-appointed someone to the Parking and Transportation Advisory Board who only made one meeting in three years. How could you do that? Transportation affects everyday life of the citizens of Old Bridge. The other issue is the zoning board appointment, which affects future generations. You had two council people who were trying to nominate a candidate. I have been attending zoning board for fifteen years and I know that Ray Wetstein was a good member. Why weren't these council people allowed to nominate him? I was at his last meeting and everyone at that meeting and on the board had accolades to give Ray Wetstein. What you did by not appointing Ray Wetstein was to self appoint a group of residents in the Duhernal area as watch dogs for the zoning board. We will be watching everything that the zoning board does. There was an application that could not be voted on because someone hadn't read the minutes. What you did this January was a bad move and will be echoed in November for the disrespect you showed the residents of Old Bridge.

GUEST SPEAKERS

New Jersey Department of Transportation - (Preferred alternative for Routes 18/516/527 interchange improvements.)

RESOLUTION #53

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

WHEREAS, on January 11, 2001 at a Local Officials Briefing, the New Jersey Department of Transportation presented revisions made to the Feasibility Assessment Plan for the project involving improvement of the existing interchange a NJ Route 18 and County Routes 516 and 527; and

WHEREAS, as part of said project refinements based on public comment on October 24, 2000 to Preferred Alternative No. 15 were proposed and the plan was accepted at a Core Group meeting of the New Jersey Department of Transportation on November 30, 2000; and

WHEREAS, members of the Township Council have expressed their general support of these revisions.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows: The Township Council recommends that the New Jersey Department of Transportation proceed with Preferred Alternative No. 15 with the refinements made following public comment and Core Group comment as depicted in the Feasibility Assessment Plan revised December 1, 2000.

BE IT FURTHER RESOLVED that a copy of this resolution should be forwarded to the New Jersey Department of Transportation.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Chris Lawrence: We held a public information meeting on October 24, 2000 for the improvements Route 18, 516/527 bridge. There were several comments from that meeting and we have revised our plans. We drew an access to the Miller School, provided a drop off area for the buses and a separate parking area for the teachers. We provided for emergency vehicle access through the school. There were complaints about the cul de sac and it was deemed unsafe so we opened up several of the cul de sacs. We only had Farless Avenue open from Route 527 to Route 18, we now have Farless, and George Avenue open to Route 18. We proposed to widen all the curb radium's so that emergency vehicles could maneuver and we enlarge the cul de sacs. We moved the proposed ramp "F" farther away from Leon Avenue so we could leave some of the buffer area. We answered all the questions and comments from the meeting of October 24, 2000. We are here tonight to ask for a resolution of support for this project.

Councilman Cucchiara: At the meeting we had our Fire Marshall, the deputy Chief from the fire department, the parking and transportation committee, the mayor, traffic and safety, OEM and the county. Marsad Drive is where the new traffic light is going to be, that will stop a lot of accidents. The existing overpass that is there now will come down and a new one will be without the sharp bend in it. We have also addressed the yield sign problem on Englishtown Road onto Route 516. We also needed some sidewalks over the bridge to the temple and past the doctors office to the post office to the little league field. I would ask the council to endorse this resolution.

President Maher opened the public portion.

Dominic Cicio, Emergency Management: We are agreeable to the concept and we see no reason for you not to go forward.

Barbara York: There were a lot a questions from the residents that have been addressed and they have even agreed to several other things. They will landscape the areas by Charles Street to look park like. I urge council to pass this resolution. I think this is the best that we are going to get.

Seeing no hands President Maher closed the public portion.

Mayor Cannon: This is a good plan and I echo the sentiments expressed here tonight. I want to commend the DOT for moving this along and really listening to the residents at the meeting. I would urge the council to pass this resolution so that the project can get into the final design stage and we can see this come to fruition in the next three years.

Mr. Lawrence: We should start construction in four years.

Councilman Greene: I think that the sidewalks are a plus for this plan. I support this whole project.

Councilman Redmond: There is a gas station by Miller School that received zoning approval a year ago and nothing has been done. What is happening with that?

Mayor Cannon: I will look into what the status of the application is. We will see if they applied for any permits.

President Maher: Is the gas station gone in this plan?

Mr. Lawrence: It technically could stay. This plan is not carved in stone. The owners were at the public meeting.

Councilman Redmond: I would like to see the cars not be able to cut through the gas station. The plan before the zoning board had offset so that you couldn't cut through.

Mr. Lawrence: I would ask the council to refer in the resolution to the comment box. The last comment was 12/1/00 by our Core Group.

MOTION

To revise the resolution to include the comments by Mr. Lawrence, moved by Councilman Testino, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Subsequent to the vote the following discussion took place

Mayor Cannon: I would also like to thank and remember Ray Petersen who was so instrumental in getting this site improved. He was very committed to this project and would be glad to know that it is finally moving along.

Councilman Cucchiara: I fully agree with the mayor.

GUEST

Spring Knolls Homeowners Association - (Health & Safety Issues)

Mr. Tom Shivers, President, Spring Knoll Homeowners Association: I represent 250 households in this development. I would like to thank the council and specifically Councilman Sohor. The areas that are stripped are large parcels of land and are adjacent to peoples homes and have caused erosion and sediment and silt in the detention basin, there is flooding in the development and curb side catch basins have collapsed into sink holes. There are also safety issues, there are topsoil 30 or 40 feet tall. After this last snow storm we had to chase the children that were trying to sled on this piles. These problems developmental wide; over 400 homeowners. The Kaplan company build homes and made a profit and the claimed bankruptcy. Kalian Company built homes there and were not made to be responsible for any of the deficiencies that existed in the development. Lennar is a present property owner and like Mr. Ruggierio said having a white knight come in and address the issue is non existent now. This lawsuit has been going on for years. We opted not to fill this room with 250 irate homeowners, we are asking the council to support this bonding and take steps to address these issues.

President Maher: I have put a bond ordinance for first reading tonight to make the necessary improvements to this site.

Councilman Redmond: You people should not of had to wait for a white knight. The system failed you and we are trying to move forward quickly.

Mr. Shivers: I want to clarify for the council something that Mr. Ruggierio said earlier. This lawsuit was initiated by the homeowners association.

Mr. Ruggierio: That is not true. I know that there is a rumor around that the township had not sued these people and that the homeowners association took the first step.

Councilman Redmond: I am prepared to move forward tonight with the bonding ordinance. We have a responsibility to the taxpayers there. We don't want you to have to wait until these performance bonds to be returned, we will worry about that. This should of been done a couple of years ago.

Mr. Shivers: Our professional people are here tonight if there are any questions.

President Maher: Can we give Mr. Shivers a copy of the memo from Mr. Ruggierio?

Attorney Ruggierio: Yes. I endorse in concept the idea of the municipality to make the repairs or remediation in advance of recovering this money from the performance guarantees. There are two things that I need to bring to your attention. We have a temporary order from Judge Derman to have temporary remedial measures installed at that site. Lennar was the entity that obligated to do this. My conversation with Nelson leads me to believe that those measures have never been installed.

Mr. Shivers: You are correct.

Attorney Ruggierio: I am positive that these temporary remedial measures will not be the final solution. It might be appropriate to conclude that whatever beneficial effects might come from the temporary remediation, we haven't seen yet. With respect to the ordinance I spoke to bond counsel and we need to have a meeting immediately with them to make the language in section 7 appropriate to this undertaking. I was going to ask the council to delay the introduction until the next meeting so that could occur. I know that one thing is that the useful life of this ordinance has to be changed to 15 years. I commit to you that will get with bond counsel this week and deal with these issues.

President Maher: I am not in favor of delaying this. It is an ordinance for first reading and there is usually no discussion. I think any delay would send the wrong signal to the principals and homeowners. Ordinances can be changed once they are in the pipeline.

Mr. Shivers: I was hoping that there was a decision tonight. We have a homeowners meeting in one week and the members are going to be very interested in the outcome tonight.

Councilman Greene: I would do anything that I could to fix these problems. I have some concerns about a township board that makes a decision and than sends it to the council to make a decision. The decision could set a precedent and has a financial impact. We have talked about bonding for much less amounts and there were serious over tones as far as putting this town in debt. Before I can vote on this ordinance I want to know exactly what work is contemplated and what it will cost. There was a comment that I read in the newspaper, by a board member that said he was frustrated because it didn't include Trans/Old Bridge Road correction. Is that part of this arrangement?

Mr. Shivers: That is a main road through the development that is unpaved right now.

Councilman Greene: Is the repair of that road included?

Mr. Shivers: That is an item that would be on your engineers punch list.

Councilman Redmond: The completion of the road would not be.

Mr. Shivers: That was before the planning board.

Councilman Greene: Is the council now going to assume...

President Maher: This ordinance does not call for building that road...

Councilman Greene: I don't know what the ordinance calls for. I don't know if drainage repairs jobs (that I know exist) are they going to take a back seat if this is approved. I want a commitment from the township that they will go forward. I don't want to find out six months from now that all the things that I have worked on and petitioned for won't go forward because we are spending a million on Oakwood. That is what I want to know. We were scheduled to have a meeting on January 30^th with the attorney to discuss this issue. I think that meeting should happen before we move forward.

Mr. Shivers: We have been suffering in this condition for over ten years. I am just asking you to move forward with all possible speed.

Mayor Cannon: I am in support of council taking this action but I want to make sure everything is in order. As far as Mr. Greene's concern, we are not robbing Peter to pay Paul. We have commitments to address drainage, curbing and paving. As a member of the planning board we had to look at the bigger picture and certainly the township is obligated to make sure that this remediation takes place as quickly as possible.

Councilman Testino: I want to see this move ahead as quickly as possible. I know that everybody was waiting for this white knight, that never rode in. I would like to verify that we will have access to this property through a court action.

Attorney Ruggierio: This is something that I was talking to bond counsel about. We do not own the property and we will need to get access through the court. I also want to let you know that the bulk of this work except for section 5A (which is the Kalian section) we do not have bonds on those sections. We have to pursue and succeed on other theories of recovery. On the fourth page of the letter to Judge McCormack details where we have bonds and where we don't.

Councilman Testino: This is part of the lawsuit, correct?

Attorney Ruggierio: Yes.

Councilman Testino: If we expend the money, you'll attempt to lien the properties?

Attorney Ruggierio: We are expecting to pursue environmental claims against the responsible party.

Councilman Testino: Do we have DEP and soil conservation involved in the suit?

Attorney Ruggierio: Soil conservation was named by the township as a party and they have just been dismissed since they don't have a role now that they have approved the plan of temporary remediation.

Councilman Testino: Will you attempt to lien the properties?

Attorney Ruggierio: If the council said you wanted to start immediately to grade this area and put down vegetation, I would have to go to the court and get authority for the township to have access to the property with the idea that we would have a claim against the responsible parties to recover our costs.

Councilman Testino: Can you do that while the bonding and the engineering is moving forward?

Attorney Ruggierio: I intend to take this up on Thursday with the judge. I will ask that she set forth some method that we can get access to the site.

Councilman Testino: Is DEP in the case?

Attorney Ruggierio: They were named and served but they never appeared.

Councilman Testino: If we had an order from DEP would that help to get access?

Attorney Ruggierio: Sure, DEP certainly has more wide ranging powers then the township. I am not certain that soil erosion is on the top of their list.

Councilman Testino: I would ask that you contact them again and ask that they assist us. Is there any problem with us putting this ordinance and then it needs to be amended?

Attorney Ruggierio: I don't want anyone to go away with the wrong impression, bond counsel needs to get some details and my belief is that the ordinance will be changed before it is finally adopted.

Councilman Testino: What we are talking about is a vote of assurance, we all understand that you are going to cross your "T's" and that we are going to have changes. I think the association needs to know that the council is stepping up to the plate, even if it will cost a couple of hundred dollars to readvertise. I would also like to do a resolution directing the legal department to take any and all necessary actions in court and the DEP so that there no delay in those areas.

Councilman Sohor: If we pass this ordinance for first reading in its present form, while it may not stand in detail this would seem to be something that would strengthen your hand on Thursday when you meet with Judge McCormack.

Attorney Ruggierio: I can't disagree with that. I was just concerned that homeowners that do not have the same level of information that we have would feel mislead if we had to modify the ordinance, that is why I was counseling prudence.

Councilman Sohor: The association has retained counsel and they have good advice.

Mr. Shiver: Our counsel is planning to attend our next homeowners association meeting so they can better explain what happens here tonight.

Attorney Ruggierio: I want to say publicly that we have the benefits of engineering graphics and we stand ready at any point to meet with any residents of Oakwood and let them know what we are doing in the litigation.

Ordinance for First Reading

Bonding/Borrowing for Sediment Detention Improvements to Oakwood/Spring Knolls Development

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE NO. 01-01

BOND ORDINANCE AUTHORIZING THE CONSTRUCTION OF SEDIMENT DETENTION IMPROVEMENTS IN THE TOWNSHIP OF OLD BRIDGE COUNTY OF MIDDLESEX, NEW JERSEY APPROPRIATING THE SUM OF $750,000.00 THEREFORE; 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 $712,500.00; 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 $750,000.00;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $712,500.00; and

(c) a down payment in the amount of $37,500. 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.

Section 3. The sum of $712,500, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $37,500, 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 $712,500 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 $712,500 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.

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 $90,000.

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 Obligation	Period of Usefulness
A.	Construction of a Sediment Detention Area for the Oakwood Project Sections 4B,4C,4D,5A,5B 5C and 12 (Nathan Drive Amy Court and Morris Drive), together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto	$750,000	$37,500	$712,500	40 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 $712,500 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 Capital Budget 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 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:

(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 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.

Move by President Maher, seconded by Councilman Sohor and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Added During the Meeting

Resolution Requesting Legal Access to the Oakwood Property

RESOLUTION #54

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

WHEREAS, the Township Council of the Township of Old Bridge is greatly concerned about the long-standing problems at portions of the Oakwood site which have been denuded and are now causing soil erosion and sediment run-off; and

WHEREAS, the Township Council believes that the public has suffered long enough with the said conditions; and

WHEREAS, the Township Council believes that the Township should immediately gain access to the site to address the soil erosion problems; and

WHEREAS, the Legal Department should attempt to involve the New Jersey Department of Environmental Protection (NJDEP) in remedying the negative environmental conditions at the Oakwood site.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Legal Department is directed to immediately gain access to the areas of the Oakwood site requiring environmental remediation; and

BE IT FURTHER RESOLVED that the Township Council seeks the involvement of the NJDEP at the Oakwood site; and

BE IT FURTHER RESOLVED that all reasonable efforts should be undertaken to collect the monies expended by the Township in the subject remediation efforts.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio

Public comments on the Consent Agenda

Reginald Springer: There is a safety issue in Spring Knolls regarding the residents going the wrong way down the one-way streets. I have seen this on numerous occasions.

Mayor Cannon: We will have more patrols go out but we will have to have them do Title 39, which will give them the ability to do tickets.

Seeing no hands President Maher closed the public portion.

Consent Agenda

Parade - Madison Park Little League - Saturday April 21, 2001 9:30 a.m.

RESOLUTION #55

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

WHEREAS, Madison Park Little League has requested permission to hold a parade on April 21, 2001 at 9:30 a.m.; and

WHEREAS, the Township Council wishes to endorse and permit the parade for the Madison Park Little League; and

WHEREAS, a parade route has been submitted to the Township Clerk.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Madison Park Little League Parade to be held April 21, 2001 at 9:30 a.m.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Chapter 159 in connection with the Recreation Handicap Grant with a receivable in the amount of $6,500.00 with a match of $1,300.00 with a total appropriation of $7,800.00.

RESOLUTION #56

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

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

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

WHEREAS, the Township of Old Bridge will receive $6,500.00 with a match of $1,300.00 from the matching fund for State and Federal Grant for a total contract of $7,800.00 and wishes to amend its SFY 2001 Budget to include a portion of this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVES that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2001 in the total sum of $7,800.00 which is now available as a revenue from:

Recreation Handicapped Grant

BE IT FURTHER RESOLVED that a like sum of $6,500.00 with a match of $1,300.00 from matching funds for the State and Federal Grant for a total contract of $7,800.00 be and the same is hereby appropriated under the caption of:

Recreation Handicapped Grant

BE IT FURTHER RESOLVED, that the Clerk forward three copies of this resolution to the Director of Local Government Services.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilmen Hoff, Councilwoman Marinaccio.

Bingo Raffle

RESOLUTION #57

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

WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto:

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge that the Clerk is hereby authorized and directed to issue to the applicants, the following licenses:

RA37-01 Holmdel Foundation for Educational Excellence
RA38-01 Cheesequake Baseball Association, Inc.
RA39-01 Collier Services Foundation, Inc.
RA40-01 Collier Services Foundation, Inc.
RA41-01 Old Bridge Township PTA Council
RA42-02 Auxiliary Central NJ Jewish Home for the Aged

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Chapter 159 in connection with Body Armor Fund in the amount of $7,588.24

RESOLUTION #58

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

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

WHEREAS, the Township of Old Bridge received $7,588.24 from Body Armor Fund and wishes to amend its SFY 2001 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVES that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2001 in the sum of $7,588.24 which is now available as a revenue from:

FY00 Body Armor Fund

BE IT FURTHER RESOLVED that a like sum of $7,588.24 be and the same is hereby appropriated under the caption of:

FY00 Body Armor Fund

BE IT FURTHER RESOLVED, that the Clerk forward three copies of this resolution to the Director of Local Government Services.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilmen Hoff, Councilwoman Marinaccio.

Change Order approval for Contract # 00-02 - West Greystone Road Resurfacing (Adjustment of Quantities (As Built) and reduction of the contract in the amount of $15.00 from $175,880.00 to $175,865.00) Star of the Sea Concrete Corp.

RESOLUTION #59

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized a contract with the Star of the Sea Concrete Corp., for resurfacing of West Greystone Road; and

WHEREAS, Star of the Sea Concrete Corp., has requested Change Order #1 to reduce the contract amount for Contract #00-02, for road resurfacing of West Greystone Road, by $15.00 from $175,880.00 to $175,865.00.

NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the total amount of Contract #00-02 is hereby reduced by $15.00 from $175,880.00 to $175,865.00 as set forth in the Change Order attached.

BE IT FURTHER RESOLVED that the modified cost of services after this change order is as follows:

ORIGINAL CONTRACT................................. $175,880.00

CHANGE ORDER ................................. 15.00

NEW TOTAL AUTHORIZED ....................... $175,865.00

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Change Order Contract #00-36 M.J. Barone, Architect for additional increase of $1,865.00 for architectural services required to re-bid the contract for the Civic Center Basement Renovations (Third and final time) Contract increase from $37,160.00 to $39,025.00 (CERT. #937) (AFFIRM. ACT.)

RESOLUTION #60

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized a contract with the firm of M. J. Barone & Associates for architectural services for the Civic Center basement improvements; and

WHEREAS, M. J. Barone & Associates has requested Change Order #1 for additional architectural services required to re-bid Contract #00-36 for the Civic Center basement improvements in the amount of $1,865.00.

NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the total amount of Contract #00-36 is hereby increased by $1,865.00 from $37,160.00 to $39,025.00 as set forth in the Change Order attached.

BE IT FURTHER RESOLVED that the modified cost of services after this change order is as follows:

ORIGINAL CONTRACT.............................. $37,160.00

CHANGE ORDER .....................................$1,865.00

NEW TOTAL AUTHORIZED..................... $39,025.00

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Accumulated Time Payment in the amount of $9,062.57 - Joseph Herrera

RESOLUTION #61

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

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

WHEREAS, due to resignation for his position at the Township, Joseph Herrera is entitled to a pay out of his accumulated time; and

WHEREAS, the Township Council wishes to authorize such pay out.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Joseph Herrera in the amount of $9,062.57.

Sick (25) $3,750.00
Vacation (11) $2,250.72
Compensatory Time (90.75 hrs) $2,652.63
Floating Holiday (2) 409.22

Total $9,062.57

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Establishing salary for Public Defender - Marc Schram for the Township of Old Bridge Municipal Court for a one year term, terminating 12/31/01 at a salary of $15,000.00 per annum.

RESOLUTION #62

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

WHEREAS, the Township Council of the Township of Old Bridge recognizes that there is a need to employ an attorney-at-law to act as Public Defender to give legal advice to those defendants in municipal court who qualify for legal services as an indigent; and

WHEREAS, New Jersey statutes provide that the Township of Old Bridge may appoint an attorney-at-law as Public Defender; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-1, et seq.) requires that the Township of Old Bridge adopt a resolution authorizing the appointment of a Public Defender under the exceptions for "professional services" without competitive bids or the same must be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge as follows:

1. Marc Schram is hereby appointed as Public Defender for the Township of Old Bridge Municipal Court for one-year term, terminating December 31, 2000 at a salary of $15,000.00 per annum.

2. This appointment is made without competitive bidding as a "Professional Service" under the provisions of the Local Public Contracts Law (NJSA 40A:11-1 et seq.) in that the services to be rendered are to be rendered by a professional recognized and licensed by the State of New Jersey.

3. A copy of this resolution, certified to be a true copy, shall be forwarded to the Township Finance Officer, Township Attorney, Municipal Court Judge and Marc Schram, Esq.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Professional Service Contract Authorizing Parker, McKay & Criscuolo Bond Counsel

RESOLUTION #63

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

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of bond counsel; and

WHEREAS, Parker, McKay & Criscuolo, a licensed New Jersey firm, located at 3 Greentree Center, Route 73, Marlton NJ, is licensed as capable and available to undertake such work; and

WHEREAS, the Mayor has appointed said firm in accordance with Ordinance 2-8.3(c).

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

A contract for professional services in the form attached to this Resolution is hereby authorized to be entered into.

Said contract to be amended to delete language that makes it an exclusive arrangement and add language to allow use of other bond counsel.
The Mayor and Clerk of the Township of Old Bridge are hereby authorized to affix their signature to the contract documents evidencing this professional contract

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Resolution to cancel appropriation balance in the amount of $5.30 for the Senior Center Grant.

RESOLUTION #64

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

WHEREAS, Senior Center Grant has a remaining outstanding balance; and

WHEREAS, it is necessary to formally cancel the outstanding appropriation balance listed below:

Senior Center Grant

Senior Center Grant $5.30

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed appropriation balance totaling $5.30 be canceled.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Professional Service Contract Bert Lundberg, as attorney to the Rent Stabilization Board in the sum of $6,750.00 - Contract is from 1/9/01 to 1/9/02 (CERT. #938) (AFFIRM. ACT.)

RESOLUTION #65

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

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation of the Township in connection with the legal representation of the Rent Stabilization Board; and

WHEREAS, Bert T. Lundberg, Esq., is a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

WHEREAS, the Mayor has appointed the said attorney in accordance with Ordinance 2-8.3(c);

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

A contract for professional services is authorized to be entered in the amount of $6,750.00.

The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents evidencing this professional contract.

This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #938 has been received for this contract assuring that there are sufficient funds in the appropriation(s) listed below to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY2001

CERT #938

AMOUNT $6,750.00

The availability of a sufficient appropriation to the fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

This contract for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reason for awarding of the contract, to wit; the professional named in this resolution is a recognized professional.

A copy of this resolution shall be provided to the following department; Rent Stabilization.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Memorialize Release of Performance Guarantee - Artisan Construction, Inc.

RESOLUTION #66

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

WHEREAS, the Artisan Construction, Inc. has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on January 16, 2001, at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has recommended release of the performance guarantee of Artisan Construction, Inc.; and

WHEREAS, the Township Engineer recommends release of the performance guarantee as follows:

Performance Bond $13,882.32

10% Cash Deposit 1,542.48

$15,424.80

WHEREAS, release of the performance guarantee will be subject to the developer posting a maintenance bond in the amount of $2,313.70 (15% of the performance guarantee) for a period of two (2) years.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the performance guarantee be released subject to the developer posting a two (2) year maintenance bond in the amount of $2,313.70 (15% at the performance guarantee).

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Memorialize Denial of Release/Reduction Performance Guarantee - Yardley Manor

RESOLUTION #67

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

WHEREAS, the Township Council of the Township of Old Bridge has considered the release/reduction of the performance guarantee for Yardley Manor; and

WHEREAS, the Township Engineer, in a report dated January 11, 2001, has recommended that the release/reduction of the performance guarantee be rejected based upon the findings of the Engineer's Report. The Engineer's Report is hereby incorporated by reference in this Resolution.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex , State of New Jersey that the release/reduction of the performance guarantee for Yardley Manor (Phases 1 to 6) is hereby denied.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Fisher Bros./Lowe's Project - Credit for Road Improvements

RESOLUTION #68 TABLED

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

WHEREAS, Fisher Bros. Financial & Development Company, L.P. has proposed to make several road improvements in connection with its development of a Lowe's shopping center in Old Bridge valued at $576,143.48; and

WHEREAS, the fair share contribution for road and traffic improvements for this project is approximately $206,826.00; and

WHEREAS, the Zoning Board of Adjustment has recommended that the improvements proposed Fisher Bros. Financial & Development Company, LP be used to offset its fair share contribution;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the improvements proposed by the Fisher Bros. Financial & Development Company, LP in connection with its Lowe's shopping center project (Application No. 60-99Z) shall offset its fair share contribution for traffic and roadway improvements for that project.

Moved to TABLE by Councilman Butler, seconded by Councilman Cucchiara and so TABLED on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Testino: I just cannot bring myself to vote for this. I don't like the problems with drainage and the fact that we are supporting this developers improvements; which he would of had to do anyway. I don't think he would of built here if he didn't do these improvements.

Councilman Cucchiara: Let's table this until we can get more information.

Temporary Emergency Appropriation in connection with Capital Improvement Fund - down payment in the amount of $130,000.00.

RESOLUTION #69

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

WHEREAS, an emergency has arisen with respect to a shortfall in the Capital Improvement Fund - Down Payment, and no adequate provision was made in the SFY 2001 Budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $391,300.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A. 40A:4-48, an emergency appropriation be and the same is hereby made for Capital Improvement Fund - Down Payment in the aggregate amount of $130,000.00 and that said emergency appropriation shall be provided in full in the SFY 2002 Budget.

BE IT FURTHER RESOLVED that three certified copies of this Resolution will be filed with the Director of Local Government Services.

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

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Prior to the vote the following discussion took place

Councilman Greene: I would like an explanation for this.

Mr. Shah: This for the down payment for the two bond ordinances that you plan to introduce tonight.

Councilman Testino: Is that because this wasn't a line-item?

Mr. Shah: Yes. This takes away any money that we had in capital. If we do more bonding we will need more emergency appropriations.

Ordinance for First Reading

Town Centre Ordinance Amendments

Township of Old Bridge
Ordinance No. 2-01

An Ordinance Amending the Land Development Ordinance of the Township of Old Bridge Regarding Town Centre Design Zone

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

SECTION 1: PURPOSE

This ordinance makes various changes to the Land Development Ordinance of the Township of Old Bridge necessitated by the adoption of the Town Centre Design Ordinance.

SECTION 2: AMENDMENTS

A. Section 7-2 (A)(3) of the Land Development Ordinance of the Township of Old Bridge is hereby amended by the addition of the following subsection:

Regulation of uses and design are contained in the ordinance document entitled "Town Centre District Zoning and design Standards" which is incorporated into this Land Development Ordinance by this reference.

B. Section 10-11 of the Land Development Ordinance of the Township of Old Bridge is hereby deleted in its entirety and amended by substitution as follows:

In addition to the design standards otherwise set forth in this Article X, the design standards provided in the document entitled "Town Centre District Zoning and Design Standards, are hereby incorporated into this Ordinance and shall be adhered to for all development in the Town Centre Design Zone. Where the standards contained therein conflict with the standards otherwise set forth in this article the standards therein shall govern.

SECTION 3: INCONSISTENT ORDINANCES

All ordinance 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 of the ordinance shall be deemed valid and effective.

SECTION 5: EFFECTIVE DATE

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

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

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 Redmond, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Greene, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilman Hoff, Councilwoman Marinaccio.

Ordinance for First Reading

Acquisition of Land - Cedar Ridge Woodland Trails

Township of Old Bridge
Ordinance No. 3-01

An Ordinance of the Township of Old Bridge Authorizing Acquisition of Real Estate Interest
(Cedar Ridge - Block 12261, Lots 19, 20, 28, 35. 82 and 84)

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

SECTION 1: Pursuant to N.J.S.A.40A:12-5 the Township of Old Bridge is hereby authorized to acquire by purchase, gift or condemnation the lands/premises known and described as Block 12261, Lots 19, 20, 28, 35, 82 and 84.

SECTION 2: The Mayor, Township Clerk and Director of Law are hereby authorized to take an action and to sign any and all