Old Bridge Township, New Jersey - November 26, 2001 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on November 26, 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. Next meeting of the Council will be December 3, 2001 at 8:00 p.m.

Roll call at 8:15 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, President Maher. Councilwoman Hegarty was absent.

Bill List

RESOLUTION #536

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 November 26, 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 November 26, 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 $23,267,165.75 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Bill List

RESOLUTION #537

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, Hoff, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Hoff: What is the arena salary for?

Mr. Badcock: Most of it is for part time salary, there is a partial salary for two full timers.

Councilman Hoff: $15,000.00 seems a little low for salary.

Mr. Badcock: This is for two weeks and most of it is for part timers that are making six dollars an hour and the arena is open 120 hours a week, sometimes there is only maintenance and the snack stand workers.

Councilman Hoff: $15,000.00 seems very low to me.

Mr. Badcock: Most of the recreation staff are part-timers.

Bill List

RESOLUTION #538

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 DENIED on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Redmond, Sohor.

NAYS: Councilmen Greene, Hoff, Testino, President Maher.

ABSENT: Councilwoman Hegarty.

Report of the Clerk

MOTION

by Councilman Hoff to accept that there is no report by the Clerk, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Redmond, Sohor.

NAYS: Councilmen Greene, Hoff, Testino, President Maher.

ABSENT: Councilwoman Hegarty.

Report of the Attorney

Attorney Ruggierio: We have the Woodland Trails matter that will be heard by Judge Longhi on Wednesday morning. Last week we had mediation in the Hovnanian suit, Mr. Norman has a proposal that he is going to take to the Planning Board and then I will get back to you. We also will a full day of negotiation in the Sommers case, tomorrow.

President Maher: There was a question from the Cheesequake Village Association about accepting the dam.

Attorney Ruggierio: This is being conveyed, subject to their attorney looking at the documents that I have just forwarded to him. You have before you tonight an ordinance to accept that dedication. By the time that we get to second reading, we should have a return of the documents from the association. The association needs to have a formal meeting and authorize the officers to sign the deed with a formal resolution. Once that is done we will have ownership in the dam. There is one blank space in the instrument that I conveyed, that is how much of the money that was paid over from the state will be paid over to the township. I didn't have those numbers and I will speak to Mr. Fedun about. I understand that some of those monies are no longer available. There is a provision in the instrument that the Township will undertake full responsibility for the correction of the dam and maintenance in return from the conveyance.

Councilman Cucchiara: Where do we stand with the property that is suppose to be sold back to the county?

Attorney Ruggierio: I spoke to Mr. Kaplan last week and I expect that we will have some response from the county shortly.

Councilman Cucchiara: Please put this on the next agenda.

Councilman Redmond: Has the money for engineering fees for the dam been expended?

Attorney Ruggierio: I think that the amount the State authorized was $75,000.00. I don't think that full amount is available now.

Councilman Redmond: Was the engineer fees paid?

Councilman Hoff: It is provided that those fees will be paid out of the grant money.

Councilman Testino: There was two notices from the Division of Alcohol and Beverage Control sent to the council, did you get copies of the investigation report?

Attorney Ruggierio: No.

Councilman Testino: Could you please request them?

Mayor Cannon: I would like a copy of them also.

Councilman Hoff: I think that we may see the end of the Cheesequake Dam problem. I would like to move the ordinance.

Councilman Testino: I will second it.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 55-01

Ordinance Accepting Access and Maintenance Easement from the Cheesequake Village Association

WHEREAS, the Cheesequake Village Homeowners Association wishes to grant an easement to the Township of Old Bridge; and

WHEREAS, the Township of Old Bridge wishes to accept this easement in order to allow Logan's Lake to be utilized for fire fighting purposes; therefore

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 formally accepts an easement granted to the Township of Old Bridge by the Cheesequake Homeowners Association.

Section 2. Ordinance

The Township of Old Bridge formally accepts the easement granted to the Township of Old Bridge by the Cheesequake Village Homeowners Association depicted in the map entitled "Logan's Lake Variable Width Access and Maintenance Easement" dated November 15, 2001 and on file with the Township Clerk.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to 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 Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

After the vote on Ordinance 55-01 the motion was made to accept the report of the attorney

MOTION

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Preliminary Public Portion

Phil Tanala: Cheesequake Village Association would like thank the Township for resolving the problem with the dam.

Mr. Stuart Lieberman: I am the attorney for Cynthia Salvesen who resides at 200 Texas Road, I am here on behalf of Pauline Moran. These people do not have potable drinking water available to them for three months. The time period coincides with the construction of Woodhaven Development. A condition of that development was that these wells remain useable. We are asking that you take immediate action to rectify this situation. We don't want to file lawsuits but I might have to protect my clients by filing a tort claim notice. There are eleven people who have this problem.

President Maher: I would suggest you talk to the Mayor and our engineer.

Attorney Ruggierio: I think that it is important that you do what council president has suggested because you are coming in, in the middle of the story and there is much more than the way you have presented it. I think that you need to get up to speed on what we know.

Michael Bruno: On the evening of November 7^th I received a phone call telling me that my 15 year old son was attacked and beaten, the net result was a broken jaw. I am here to talk about youth violence within our township, this is an issue that needs to be addressed now. We should form a committee to study youth violence that can make recommendations. We also need an increase in personnel in the police department.

President Maher: Have you met with representatives from public safety on your suggestion?

Mr. Bruno: No.

Mayor Cannon: We have a Youth Guidance Committee, which a police officer serves on. That may be the proper agency to take this to.

Lucille Panos: I am here to address a campaign issue. I dropped off a letter to the OBDCC and have yet to hear from two candidates. I understood that I left myself open for personal attacks by running for council, but to use the horrible events of the attacks from September 11^th is disgusting. I respectfully requested that the people involved in this respond to the shameful literature. This literature says that I am against the hero's at ground zero. There are two people that I still haven't gotten a response from; they are Bill Baker and Nick Smolney. I will doing this every week until this type of garbage politics stops.

Rao: I would like to know how much money has been spent on the library so far.

Councilman Testino: We are going to try and recoup some of the money, that we will spend. There is a problem there and it is a public building and it needs to be fixed.

Barbara York: When will something be done about Charles Street? I would like a report at the next meeting. The state said that they will not get to it until 2004. It will cost $8,000.00 to fix it and I think that the residents are entitled to it.

Blanche Hoffman: The environmental commission needs a commitment from the township to apply for 2001 matching grants funds.

President Maher: Do you need a resolution?

Ms. Hoffman: Fine.

President Maher: We will add it to the consent agenda.

Dominic Cicio: I think that we need to form an investigative committee to investigate the problems at the library and to try and get some recourse for all these expenses. These are serious problems at the library with the gas lines, electrical.

President Maher: I assure you that we are asking these questions.

Councilman Testino: Maybe we should formalize it.

Mayor Cannon: The Spinelli family runs the pumpkin patch every year on their farm on Route 516. This year they collected donations for the Old Bridge families of the September 11 attacks. They have collected $2,000.00 and have been great citizens who have done more that collect this money, they lend us their truck to bring the goods to New York. I would like to personally thank them on behalf of the township.

Mr. Spinelli: This money was donated by the wonderful people of our town, who donated money the night of the Jack O Lanterns. We want to thank the police department who helped us out.

Mayor Cannon: With this contribution we are up to about $98,000.00.

HEARINGS

Release/Reduction Performance Guarantee - Amboy National Bank (3590 Rt. 9, South, 7 Gaub Road and 109 Route 9, North)

109 Route 9 North

Mr. Iglesias: We have three separate bank locations. They have requested a bond release and there have been no previous reductions and we have no problems with the site. We have received no complaints from anybody. We are recommending that the performance bond in the amount of $86,352.00 be released and a 10% cash deposit of $9,594.00 also be released for a grand total of $95,947.00.

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

MOTION

to release the Performance Guarantee for Amboy National Bank on Route 9 South by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

ABSENT: Councilwoman Hegarty.

Gaub Road

Mr. Iglesias: This release is for Amboy Bank on Gaub Road, we are recommend a release in the amount $20,836.00.

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

MOTION

to release the Performance Guarantee for Amboy National Bank on Gaub Road and the initial bond which the township still has by Councilman Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Mr. Heilbrunn: I have been advised by representatives of Amboy National Bank that the initial performance bond from when they first constructed the building is still in the possession of the township. Amboy failed to request that release, this was a subsequent bond that was put on for an extension of a parking lot. There is approximately another $35,000.00 bonding that the township still has. We would request that, that release be incorporated within this release.

Mr. Iglesias: We have no objection to that.

3590 Route Nine

Mr. Iglesias: The performance bond in the amount $60,827.00 and 10% cash deposit in the amount of $6,758.00 for a total of $67,586.00. We have received no complaints and we recommend release.

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

MOTION

to release the Performance Guarantee for Amboy National Bank at 3590 Route Nine North by Councilman Hoff, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

ABSENT: Councilwoman Hegarty.

CONSENT AGENDA

Bingo/Raffle

RESOLUTION #539

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:

RA 09-02 Southwood PTA BA 16-02 St Thomas Church
RA 10-02 St Thomas HSA BA 17-02 St Thomas Holy Name
RA 11-02 St Thomas HSA RA 18-02 St Thomas Seniors
RA 12-02 Congregation Beth Ohr RA 19-02 St Thomas Holy Name
BA 13-02 St Thomas Church RA 20-02 St Thomas Church
BA 14-02 St Thomas Church RA 21-02 St Thomas Church
BA 15-02 St Thomas Church RA 22-01 St Thomas Church
RA 23-01 St Thomas Home School

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Resolution Supporting Senate Bill 2481 - Additional retirement benefits.

RESOLUTION #540

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 supports the adoption of Senate Bill No. 2481 which would provide additional retirement benefits for certain county and county college employees and certain municipal employees who retire between September 1, 2001 and January 1, 2003; and

WHEREAS, the Township Council has been provided a copy of Senate Bill No. 2481; and

WHEREAS, the Township Council of the Township of Old Bridge is of the opinion that such legislation is in the public interest.

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 supports the prompt enactment and signing into law of the above legislation; and

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Acting Governor Donald DiFrancesco, Senator Joseph M. Kyrillos, Jr., Assemblymen Samuel Thompson and Joseph Azzolina and the League of Municipalities.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Ms. York: What is this about?

Ms. Shepler: This bill affects PERS employees, it enhances the retirement benefit. When the original bill came out that changed the formula for over 55, it left off veterans, this bill will include the veterans.

Request for Professional Services from Buchalski, Reynolds & Brodowski for valuation and consulting services for properties located in the Township of Old Bridge for fiscal year in the amount of $35,000.00. (CERT. #1012) (AFFIRM. ACT.)

RESOLUTION #541

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

WHEREAS, the Township Council previously entered into a contract with the firm of Buchalski, Reynolds & Brodowski for valuation and consulting services for ad valorem purposes of properties located in the Township of Old Bridge; and

WHEREAS, the Township Council wishes to renew said contract.

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 contract to Buchalski, Reynolds & Brodowski is hereby authorized in an amount not to exceed $35,000.00.
The Mayor and Township Clerk for the Township of Old Bridge are hereby authorized to affix their signatures to any and all documents evidencing this professional contract.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No. 1004 has been received for this contract assuring that there are sufficient funds in the current appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY 2002

CERT. No. 1012

AMOUNT $35,000.00

The availability of a sufficient appropriation to 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.

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

BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices: Tax Assessor

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Granting Leave of Absence - Kathleen Pirtle

RESOLUTION #542

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Kathleen Pirtle, Township employee, has formally requested leave of absence without pay resulting from a personal illness.

BE IT FURTHER RESOLVED, that the leave of absence will become effective as of November 30, 2001 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Kathleen Pirtle.

BE IT FURTHER RESOLVED, that the leave of absence of Kathleen Pirtle is formally recognized, having been heretofore authorized by the Mayor, and it is understood that the Mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Additional sum of $2,500.00 to Attorney Tom Norman for Old Bridge Township Planning Board vs. Sprint Spectrum (Original contract previously approved in the amount of $7,000.00( (CERT. #1013) (AFFIRM. ACT.)

RESOLUTION #543

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

WHEREAS, the Legal Department if the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys; and

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

The contract previously granted to Thomas Norman, Esq. for the purpose of representing the Township of Old Bridge in the matter of Sprint Spectrum vs. Old Bridge Planning Board be extended in the amount of $2,500.00
The award of contract is contingent upon the issuance if a Certification of Availability of Funds #1013 certifying the existence of a sufficient appropriation to fund the said contract.
There will not be a necessity for an additional contract to be provided, as the original contract is presently on file with the Township Clerk's office.
The Mayor and Township Clerk are hereby authorized to execute any documents necessary to extend this contract.
Subject to the maximum amount authorized above and as available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Memorialize Release/Reduction Performance Guarantee - Route Nine Plaza (WalMart/Home Depot)

RESOLUTION #544

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

WHEREAS, the developer for Route Nine Plaza, WalMart/Home Depot, has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on November 19, 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 Route Nine Plaza; and

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

Original Performance Guarantee $2,904,623.98

10% Cash Deposit 322,736.00

Total $3,227,359.98

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 as follows:

Performance Bond $2,904,623.98

This reduction $2,033,236.78 (70% reduction)

Bond Reduced to $871,387.20

Cash Deposit $322,736.00

Cash to be returned $225,915.20

Cash to be retained $96,820.80 (70% reduction)

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Resolution authorizing execution of Municipal Services Agreement with Spring Knolls.

RESOLUTION #545

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 wishes to authorize a municipal service agreement with the Spring Knolls Homeowners Association; and

WHEREAS, the Township of Old Bridge currently does not provide public garbage collection and recycling but desires to provide the Association with the following services which are provided to other residents of the Township: street lighting and street ice and snow removal; and

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

1. Township Council hereby authorizes the execution of the municipal services agreement with Spring Knolls Homeowners Association.

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

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Financial Allocation ($200.00) to Robert Antonelli for participation in the Junior National Ice Competition.

RESOLUTION #546

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

WHEREAS, Robert Antonelli, an Old Bridge resident won 1^st place in the Intermediate Dance-North Atlantic Regionals in Lake Placid, New York, and

WHEREAS, Robert Antonelli will be competing in the Intermediate Dance-Junior Nationals being held in Chicago, Illinois from December 10^th to December 14, 2001.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that a stipend in the amount of $200.00 be awarded to Robert Antonelli to help defray the cost for his participation at the Intermediate Dance-Junior Nationals from December 10^th to December 14, 2001.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Temporary Budget Appropriation for Fiscal Year 2002 - Current Budget and Arena Utility in a total amount of $2,511,680.00.

RESOLUTION #547

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

WHEREAS, there will be a delay in the adoption of the 2002 Township of Old Bridge, County of Middlesex, New Jersey Local Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

NOW, THEREFORE , BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that in accordance with N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $2,511,680.00 and that said emergency temporary appropriation shall be provided in full in the 2002 budget. (See Attached)

Current Budget

Other Expenses $2,477,680.00

ARENA UTILITY

Other Expenses $ 34,000.00

Total $2,511,680.00

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Memorialize authority for Township Attorney to settle the Golden Estates Matter in the amount of $47,000.00.

RESOLUTION #548

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

WHEREAS, the developer of Golden Estates has defaulted on its obligation to satisfactorily complete bonded improvements at Golden Estates; and

WHEREAS, approximately $20,000.00 is being held in escrow to guarantee the completion of the improvements at Golden Estates; and

WHEREAS, First Indemnity of America Insurance Company is the surety for the bonded improvements at Golden Estates; and

WHEREAS, First Indemnity of America Insurance Company has offered the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:

Authorization to enter into a settlement agreement with First Indemnity Insurance Company of America for the amount of $27,000.00
The Mayor and Township Clerk are hereby authorized to execute the documents necessary to effectuate the settlement agreement.
The Township Attorney shall review any and all documents prepared in furtherance of this agreement.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Temporary Budget Appropriation - for Fiscal Year 2002 - Current Budget and Arena Utility in a total amount of $6,000.00.

RESOLUTION #549

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

WHEREAS, the Township Council wishes to memorialize authorization of a donation of $6,000.00 to the Old Bridge Rams Cheerleaders to compete in the Pop Warner Nationals to be held in Florida on December 6 and 7, 2001; and

WHEREAS, the Township Council wishes to memorialize the authorization of the donation in the amount of $6,000.00 for the Old Bridge Rams Cheerleaders; and

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 Council memorializes the donation of $6,000.00 for the Old Bridge Rams Cheerleaders to compete in the Pop Warner Nationals in Florida on December 6 and 7, 2001.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1015 certifying the existence of a sufficient appropriation to fund the same contract, and for an amount not to exceed $6,000.00.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Memorialize donation of $6,000.00 to the Old Bridge Rams Cheerleaders (Two teams at $3,000.00 per team) (CERT. #1015) (AFFIRM. ACT.)

RESOLUTION #550

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

WHEREAS, there will be a delay in the adoption of the 2002 Township of Old Bridge, County of Middlesex, New Jersey Local Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

Current Budget

Other Expenses $6,000.00

Total $6,000.00

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Matching Grant for the Environmental Commission Added During the Preliminary Public Portion

RESOLUTION #551

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 been informed of the fact that the Old Bridge Township Environmental Commission has applied for a certain grant entitled "2001 Environmental Service Matching Grant; and

WHEREAS, the Township Council endorses the purposes and objectives of the said grant; and

WHEREAS, the Township Council does hereby accept the grant and specifically endorses the conditions thereunder that require Old Bridge to indicate it will appropriate matching funds and accept the grant and the terms thereunder; and

WHEREAS, the intentions of the Township Council should be memorialized and reduced to written form.

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 does hereby memorialize and reduce to writing its intention to accept the grant entitled "2001 Environmental Services Matching Grant"
The Township Council does hereby agree to match the said grant with a $2,500.00 appropriation in the 2002 Old Bridge Township Municipal Budget.
The Mayor and Clerk are hereby authorized to write and deliver an appropriate letter to the New Jersey Environmental Services Program and/or to execute any and all documents necessary to implement these undertakings

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Appointment of Attorney Tom Norman for legal assistance in the sum of $4,000.00 for Towne Center District Master Plan. (CERT. #1014) (AFFIRM. ACT.)

RESOLUTION #552

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 council for the purpose of legal assistance to the Planning Board in connection with the Town Center District Master Plan; and

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

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

The contract for professional services is authorized to be entered with Thomas Norman, Esq. in the usual form
The scope of the work to be performed by attorney Thomas Norman shall be for legal assistance to the Planning Board in connection with Town Center District Master Plan

c. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No.1014 has been received for this contract assuring that there are sufficient funds in the current appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY 2002

CERT. No. 1014

AMOUNT $4,000.00

This resolution is conditioned upon the following:

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

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

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

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

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

Moved by Councilman Sohor, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Redmond: What was done on the Towne Center? I thought Sam and Sheehan did this.

Mayor Cannon: No, Sam and Tom Norman worked on this ordinance. Sheehan worked on the Master Plan.

Councilman Redmond: Who is working on getting the approval from the state on the density transferred?

Mayor Cannon: Bill Ruggierio.

Mr. Ruggierio: I was involved with Mr. Testino's request, which a resolution was actually adopted by the League of Municipalities to authorize specifically transfer developer rights.

Councilman Redmond: Do we have a breakdown on these bills?

Mr. Ruggierio: That is a contract.

Councilman Cucchiara: I thought that during the discussion on the Towne Center we decided we didn't want big boxy building. Across the street is exactly that.

Mayor Cannon: That is the maximum square feet.

Memorialize authority for Township Attorney to file stipulation for Woodland Trails in the amount of $6.2 million dollars filed with Superior Court within 60 days.

RESOLUTION #553

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

WHEREAS, the Township Attorney has recommended that a Stipulation Permitting Old Bridge Township to file a Declaration of Taking with Respect to Certain Lands be filed with regard to the matter of Township of Old Bridge vs. Woodland Trails, Inc.; and

WHEREAS, the Stipulation permitting the filing of the Declaration of Taking is in the amount of $6.2 million dollars.

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

Authorization to file the Stipulation permitting the Township Attorney to file a Declaration of Taking with respect to certain lands in the matter of Township of Old Bridge vs. Woodland Trails, Inc.
The Mayor and Clerk are hereby authorized to execute the documents necessary to effectuate the Township's participation in the filing of the Declaration of Taking.
The Township Attorney shall review any and all documents prepared in furtherance of the filing of the Stipulation to file a Declaration of Taking.

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

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

NAYS: Councilman Hoff.

ABSENT: Councilwoman Hegarty.

Ordinance for First Reading

Ordinance establishing the "Right to Farm"

TOWNSHIP OF OLD BRIDGE
Ordinance No. 56-01

An Ordinance Establishing the Right to Farm

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

Section 1. Right to Farm

The right to farm all land is hereby recognized to exist as a natural right, subject to all relevant Federal or State statutes or rules and regulations including, but not limited to the New Jersey Health Code, applicable regulations of the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency, all as amended. The right to farm shall be exercised with appropriate consideration given to the Old Bridge Township Zoning Ordinance.

Section 2. Construction

The right to farm should be read to include the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, and numerous farm laborers; the application of chemical fertilizers and products for either the control and elimination of insects, pests, weeds, fungus and other substances injurious to the farming process or for the purpose of producing from the land agricultural products, such as vegetable, grains, hay, fruits, fibers, potatoes, wood, trees, plants, shrubs, flowers and seeds. This right to farm shall also include the right to use land for grazing by animals, subject to the restrictions contained elsewhere in this ordinance for raising livestock. The right to farm shall not include any agricultural practice which poses a direct threat to public health and safety.

Section 3. Hours and Days Not Restricted

The foregoing uses and activities are included in the right to farm, when reasonable and necessary for the particular farming; livestock or fowl production, and when conducted in accordance with generally accepted agricultural practice, may occur on holidays, Sundays and weekdays, at night and in the day, and the noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.

Section 4. Findings.

It is expressly found that whatever temporary inconveniences may be caused to others by such uses and activities so conducted, they are more than offset by the benefits from farming to the neighborhood and community and to society in general, by the preservation of open space, the beauty of the countryside and clean air, and by the preservation and continuance of farming operations as a source of agricultural products for this and future generations in Old Bridge Township and the State of New Jersey.

Section 5. Notification

A developer and/or landowner who plans to build or sell a dwelling in an agricultural area must personally or through their agent, inform prospective buyers of the existence of the right to farm ordinance and the protection it grants to agricultural operations. This notification must be included in the deed of conveyance and recorded in the Clerk's office.

Section 6. 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 7. Partial Invalidity.

Section 8. Effective Date.

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.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

ORDINANCE FOR FIRST READING

Ordinance Amending Old Bridge Land Development Ordinance "Storm Water Management Facility Maintenance Requirements."

Ms. Shepler: We have not discussed this yet.

President Maher: We will have this for discussion at the next meeting.

HEARINGS

Cedar View - Enforcement of Bonded Obligations

RESOLUTION #554

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

the attached notice prepared by the Township Legal Department shall be served upon: Harry Wilf, Joseph Wilf, North River Insurance Company, Integrity Insurance Company, Westchester Fire Insurance Company and United States Fire Insurance, the entities upon which service of the Notice of Default shall be served in connection with Cedar View Estates, Inc.

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

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

NAYS: None.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Mr. Ruggierio: This resolution authorizes the Township Council to conduct a public hearing on December 17 at 8:00 to determine whether not to declare these performance guarantees in default. Attached to the resolution is a three page notice and a punch list.

Councilman Butler: Did you share this information with the residents of Cedar view.

Mr. Ruggierio: I didn't and I apologize. I will contact Mr. Malpede.

Councilman Butler: I think you should contact Chris Peters also.

Mr. Ruggierio: Yes I will.

Introduction of the 2002 Municipal Budget

Mr. Shah: There is a separate page listing the changes, these are the changes from the Mayor's proposed budget. After several meetings and discussions these are the changes. The tax rate will be 63 cents per 100. A 3 cent increase over last years budget. The amount to be raised by taxation was reduced by $928,000.00. Increase on revenues are listed in open space interfund received, delinquent tax and BPP reserve and the grants, these total $923,000.00 in other revenues. On the appropriation side we have acquisition of open space; the Sommers property. Capital improvement fund is increased by $250,000.00, the proposed budget had $150,000.00 and this makes it $400,000.00 for down payment, which gives to the ability to borrow up to $8,000,000.00. Public Safety salary is increased $ 184,000.00; this equates to 12 patrolmen, 6 months salary. There are group insurance increases related to the patrolmen. There is no change in the MIS, it is just reallocating per state requirement for a new flexible state of accounts. We had added $55,000.00 to the capital improvement fund which is directly related to open space, we did an emergency appropriation. We added $37,000.00 to the road department because we lost Clean Community grant which was discontinued by the state. We received prior year's bills so we had to add in $16,000.00. The acquisition of open space in ward three for $15,000.00; that was an offset. We had to add $13,000.00 to the arena for prior year's bill, and the arena had a deficit. We have $10,800.00 for uniform allowance for the twelve police officers. In election we have a redistricting cost. There is $1,000.00 for an ethics board attorney. These are the increases for $1,100,000.00 over the proposed budget. There are decreases in salary and wages of $5,000.00, LOSAP $40,000.00, private community reimbursement $50,000.00, legal settlement $59,900.00, reserve fund/collected taxes $60,944; this is a formula driven reduction. Public Safety other expenses; which is a reclassification to another line item. The PFRS $735,000.00 reduction. This is from changes in the billing in the police and firemen retirement system. We used to pay $1,200,000.00, there was a reduction $460,000.00 last year, the notice was received after we adopted the budget, so this year's budget is set up as a revenue. When we prepared the budget in July this information wasn't available. We did not receive a notice until September. The total amount of the appropriation decreases is $1,114,931.00, the net decrease is $5,094.00.

Councilman Redmond: Is the tax rate down 3 cents from last year?

Mr. Shah: No, it is down from the proposed budget.

President Maher: The council has cut $928,000.00 from the proposed budget from the mayor. We have increased the police department.

Councilman Cucchiara: I told you earlier in the year that there would be a huge decrease in the pension fund. You only just got that notice?

Mr. Shah: We called the state based on your request and at the time, in March, they had not made the decision, we got a memo in September. Until we had an official document, we can't do anything, the State would not approve the budget.

Councilman Cucchiara: So, the state was laying on it?

Mr. Shah: I don't know when they made the decision, it should of been before June 30^th , to that when we are preparing the budget, we are aware of it.

President Maher: We are utilizing $300,000.00 in the interfund utility capital fund parking. We funded this through cash capital, what we are suggesting is that we borrow this money instead of taking it out of cash. We are increasing receipts for delinquent taxes from $1,600,000.00 to the maximum allowed which is $1,800,000.00. We are reducing the department of law by $60,000.00 for legal settlements. If there are any legal settlements, we will pass an emergency appropriation. We are proposing the hiring of 12 additional police officer as well as increasing our borrowing projects by $250,000.00, which will give us the capacity to borrow $8,000,000.00. In the mayor's budget we were only able to bond for $3,000,000.00. I think that this is something that we can live with. I would ask for your support on this.

Councilman Greene: This is clearly a negotiated budget and I think that we struck a good budget for the fiscal year. I am happy that we were able to reduce the budget by 3 cents. I am also happy that we are able to add additional money to the capital fund.

Councilman Testino: Can we do a study, can we do it without taking it out of the capital fund, or do we have to set up a line item?

Mr. Shah: If you a doing a preliminary engineering, you can appropriate directly from the down payment, by resolution. That would reduce your ability to borrow funds.

Councilman Testino: I am referring to the "Y" project that we have been discussing, I would like to have $20,000.00 available. Do you recommend a line item or from the capital.

Mr. Shah: If you need $25,000.00 and reduce the down payment account to $375,000.00, you can borrow $7,500,000.00. You can put money in the cash capital to take care of that without effecting your ability to borrow.

Councilman Testino: Most of the capital acquisition plans have to do with open space, which are big ticket items. In order to protect the small "Y" from going forward, should I have a separate line item?

Mr. Shah: If you want to do $8,000,000.00 in bond authorization, you should have a separate line item.

Councilman Testino: I don't know what we will be spending on last next year.

Mr. Shah: Those are your two choices, the other option is to do a emergency appropriation for down payment.

Councilman Testino: We can transfer in the last two months of the year. For now I can leave it there and not worry.

Mr. Shah: Yes.

Councilman Testino: I thought that we were targeting the interfund receivable for Inverness. Do we now have to do a bond for Inverness?

Mayor Cannon: Yes.

Councilman Testino: Where are we with that project?

Mayor Cannon: We have no money to do anything.

Councilman Testino: When we introduce the budget will we put in a bond ordinance?

Mayor Cannon: That will be part of the capital projects bond ordinance.

Councilman Testino: What are you waiting for?

Mayor Cannon: Money.

Councilman Testino: Why can't we put the bond ordinance up for first reading?

Mayor Cannon: We can have it prepared for next time.

Councilman Testino: I would like to see that. What is the BBP reserves?

Mr. Shah: We were notified last year the Bell Atlantic changed their formula, the state in turn gave us the money to off set that. We are anticipating that this year. It was set up to reduce the tax levy, because we do twice a year billing, we ended up keeping the money that we are now returning to the taxpayer.

Councilman Testino: Is there anything else the you need, that we might have overlooked?

Mr. Shah: I think that laid out my concern in the memo that I gave you. We have not depleted our reserve for termination costs, we are going to be down to less than $500,000.00 by the end of this fiscal year because we have not budgeted for this in three years. I am concerned about a down turn in the economy, the September 11 attack has caused some problems. The big area of concern is the interest income, last year we were getting a 6% interest rate, this year it is about 2%.

Councilman Testino: What did you put in the projected budget?

Mr. Shah: We had budgeted $1,340,000.00. We are projecting realizing $1,050,000.00.

Councilman Testino: Did you put it in at 4 or 3%?

Mr. Shah: In June we were at 4%. Since then it is down to 2%. Obviously our ability to borrow at a low rate is there but it also affects our interest income. Over the past couple of years we have been using this reserve and one time revenue has depleted the cash flow that I can invest in. As far as I know we have addressed most of the departments concerns in these amendments.

Councilman Redmond: We had received a letter from Tom about R.O.B.I.N.

President Maher: It is covered in the budget.

Councilman Redmond: What about the equipment needed for our taking over these detention basin.

Mayor Cannon: That comes out of the escrow money.

Councilman Redmond: I share Ed concerns about the Inverness parking and would like to see it move forward.

Mayor Cannon: When you give us your advice and consent of John Vincenti, Director of Community Director, he will design a parking lot.

Councilman Butler: This has been the smoothest budget process in quite some time and I want to thank everyone involved.

Councilman Cucchiara: I would like to thank everyone.

Mayor Cannon: I want to say that I share Himanshu's concerns about the difficult times that we are entering. I think that it is good that we have cut the budget to the bare bones. I appreciate the cooperation from the department heads in getting a very tight budget. I hope that some day we will meet eye to eye on how we approach these things.

Councilman Testino: I know that everyone is concerned about taxes and we are having a tax increase because of the one time monies that we got last year. I am supporting this budget because since September 11^th there have changes in the services that we are delivering. I have been told that the number of calls that police department is receiving are up and they have respond to all the calls. I am hoping that with the extra money that we put in the budget, the mayor and her staff will consider putting enough personnel on to respond to the crisis. I don't see it changing, we are in a different world now and we have to adjust.

MOTION

to accept the budget as proposed by Councilman Testino, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: Councilman Sohor.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Testino: Is there a formal resolution that we have to pass?

Mr. Shah: Yes, so that we don't have to worry about the dates. You have amended the mayor's proposed budget and now you need to move it as amended.

Introduction of the Municipal Budget

RESOLUTION #355

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

Be it resolved that the following statement of revenue and appropriations shall constitute that Municipal Budget for the fiscal year 2002;

Be it Further Resolved that the said budget be published in the Home News Tribune in the issue of December 17, 2001

The Governing Body of the Township of Old Bridge does hereby approve the following budget for the fiscal year 2002.

Appropriation within "CAPS" Municipal Purpose $29,123,944.00

Appropriation excluded from "CAPS" Municipal Purpose $10,552,598.00

Total General Appropriation excluded from "CAPS" $10,552,598.00

Reserve for Uncollected Taxes $3,521,951.00

Total General Appropriations $43,198,493.00

Less Anticipated Revenue other than current property tax $24,113,654.00

Amount to be raised by taxes for support of municipal budget $19,084,839.00

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

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

NAYS: Councilman Sohor.

ABSENT: Councilwoman Hegarty.

Discussion Ordinance

Bond Ordinance - Renovation of Library - Electrical System in the amount of $246,750.00

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 57-01

BOND ORDINANCE AUTHORIZING THE APPROPRIATION OF FUNDS FOR THE REPLACEMENT OF THE ELECTRIC SYSTEM IN THE OLD BRIDGE TOWNSHIP PUBLIC LIBRARY IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $246,750 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 $235,000; 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 $246,750;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $235,000;

(c) a down payment in the amount of $11,750 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 $235,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $11,750, 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 $235,000 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 $235,000 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 $10,000.

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	Replacement of the electric system in the Old Bridge Township Public Library, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	$246,750	$11,750	$235,000	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 $235,000 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:

(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.

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

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

NAYS: Councilman Hoff.

ABSENT: Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Hoff: We have had three major problems with the library in the last year. We got a report from the engineer dated May 7^th and we just got it last week. Why did they wait until last week to tell us? Why isn't the library board referring such problems to our township engineer. They chose their own engineers and other professionals. If they are autonomous, why don't they do the whole project? I had a problem with the autonomous bit, when they wanted to buy a power scrubber and I questioned why they wouldn't use public works. I have seen reports that the cost of replacing the entire electrical system will be $250,000.00. They did this entirely on their own without ever going to our professionals. I have a big problem with this, if they are autonomous they should pay the bill.

Mayor Cannon: Bob Heims has worked very closely over the years with the library.

Councilman Hoff: It should of been referred to Nelson.

Mayor Cannon: Bob works with all the buildings in town and is familiar with the library. Bob is often consulted with and will give recommendations. He cannot design a system or draw bid specs. Mr. Barone was chosen because he has done a number of buildings in town.

Councilman Hoff: Bob Heims does not run the department...

Mayor Cannon: I am sure that if Nelson wanted to be involved, he would of. I am sure that he was aware of what Mr. Heims was doing.

Councilman Hoff: I think that the library should be made to go to the Township Engineer. This should of come from Nelson, not Bob Heims.

Mayor Cannon: The professionals in this township were involved in this. This project has to be bid, no one in this township can change that electrical system.

Councilman Hoff: I have heard that this is a very dangerous situation and we had a letter dated May 7 and we got it in November. We should of known about this a long time ago.

Mayor Cannon: We spoke to our electrical inspector and it is not considered a hazard. We sent Slim over there and he said that he did not feel that there was any immediate hazard. It needs to be addressed soon because it is failing.

Councilman Hoff: Why did the library board say that they were afraid to put children in there because of the danger?

Mayor Cannon: That is why we had the electrical inspector over there.

Councilman Hoff: Why wasn't the council alerted to this problem? You dealt with Bob Heims; who is a nice boy, but he doesn't know the business that Nelson does.

Mayor Cannon: I make the calls on this and if you disagree, you disagree.

Councilman Hoff: You didn't follow the rules.

Mayor Cannon: That's your interpretation.

Councilman Hoff: What do you have a Community Development Director for?

Mayor Cannon: Do you want Nelson to speak for himself?

Councilman Hoff: I am asking you.

Mayor Cannon: Bob Heims is a member of his department, I am sure that he was well of what was going on and could have intervened at any time.

Mr. Iglesias: I am fairly familiar with all of Bob Heims work and I trust his opinion on these matters. I was not involved in this particular issue but I am sure that I would have arrived at the same conclusion.

Councilman Redmond: M