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OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

December 11, 2001

A Regular meeting of the Township Council of the Township of Old Bridge was held on December 11, 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 17, 2001 at 7:30 p.m.

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

PROCLAMATION

Pearl Harbor Day

WHEREAS, on December 7, 1941, the Imperial Japanese Navy and Air Force attacked units of the armed forces the United States stationed at Pearl Harbor, Hawaii; and

WHEREAS, more than 2,000 citizens of the United States were killed and more than 1,000 citizens of the United States were wounded in the attack on Pearl Harbor; and

WHEREAS, The attack on Pearl Harbor marked the entry of the United States into World War II; and

WHEREAS, the veterans of World War II and all other people of the United States commemorate December 7 in remembrance of the attack on Pearl Harbor; and

WHEREAS, Federal legislation designating December 7 as"National Pearl Harbor Remembrance Day" was enacted in 1994; and

WHEREAS, Commemoration in the Township of Old Bridge of the attack on Pearl Harbor will instill in all people of this community a greater understanding and appreciation of the selfless sacrifice of the individuals who served in the armed forces of the United States during World War II;

NOW THEREFORE, I, Barbara Cannon, Mayor of the Township of Old Bridge do hereby call upon all citizens to observe the day with appropriate ceremonies and activities and urge all agencies, organizations, groups and individuals to fly the flags at half-staff each December 7 in the honor of the individuals who died in the attacked on Pearl Harbor.

President Maher recognized Robin Rosen from Oasis Ford who presented a check in the amount of $9,830.00 which was raised on behalf of Old Bridge residents who lost loved ones in the September 11th terrorist attacks.

Robin Rosen: After the disaster of 9/11 Oasis felt a strong commitment to our community and wanted to help. We filled our trucks with supplies and drove them to "ground zero". The owners of Oasis supplied the T-shirts that we sold for donations. On behalf of Anthony Rotella; Oasis Dodge and Joe Pastarino from Oasis Ford and the rest of the employees at Oasis, I am proud to present a check in the amount of $9,830.00 for the families in Old Bridge.

Mayor Cannon: Thank you so very very much.

Bill List

RESOLUTION #559

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 December 11, 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 December 11, 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 $7,846,397.77 (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, Testino, President Maher.

NAYS: None.

ABSENT: Councilmen Redmond, Sohor, Councilwoman Hegarty.

Bill List

RESOLUTION #560

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 December 11, 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 December 11, 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 $721,194.98 (Payroll).

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

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

NAYS: None.

ABSENT: Councilmen Redmond, Sohor, Councilwoman Hegarty.

Bill List

RESOLUTION #561

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 December 11, 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 December 11, 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 $34,873.58 (Overtime).

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

AYES: Councilmen Butler, Cucchiara.

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

ABSENT: Councilmen Redmond, Sohor, Councilwoman Hegarty.

Report of the Clerk

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of November 2001:

DOGS:
3020-3128 76.00

CATS:
375-377 24.00

LICENSE:
Old Bridge Raceway Park 2002 License 500.00

LIQUOR LICENSE
2 Transfer Application packets 8.00

BINGO/RAFFLE
BA 10-02 St. Thomas Church 10.00
RA 11-02 St. Thomas Church N/C
RA 12-02 Congregation Beth Ohr 40.00
BA 13-02 St. Thomas Church 510.00
BA 14-02 St. Thomas Church Altar Rosary 500.00
BA 15-02 St Thomas Church 510.00
BA 16-02 St Thomas Church Holy Name 510.00
BA 17-02 St Thomas Church 510.00
RA 18-02 St Thomas Senior Citizens N/C
RA 19-02 St Thomas Holy Name N/C
RA 20-02 St Thomas the Apostle Church N/C
RA 21-02 St Thomas Altar Rosary N/C
RA 22-02 St Thomas Home School N/C
RA 23-02 St Ambrose Combined Societies N/C
RA 24-02 St John Vianney's 10.00

2,600.00

MISCELLANEOUS:
Photocopies - Copies 24.75
Late Fees DOG 3.00

27.75

Total: $3,235.75

MOTION

to accept the report of the Clerk by Councilman Butler, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

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

NAYS: None.

ABSENT: Councilmen Redmond, Sohor, Councilwoman Hegarty.

Report of the Attorney

Attorney Ruggierio: I spoke with Bruce Kaplan; the county counsel on Woodland Trails and I have given council a memo that sets forth the details of the $2,000,000.00 that we seek from the County.

I also spoke to Mr. Kaplan about the O&Y property and he suggested that I put our best argument forward as to recapturing all the money that we are out of pocket and then he would tell me who the appropriate policy maker is. I should be sending that out tomorrow.

We have been in mediation with the Hovnanian (Mount Laurel) type suit that has been filed against the township; we are in our third day of mediation and we do have a settlement proposal that is going to be discussed among the planning people and if it bears fruit I will bring it to the council.

In the past there were circumstances where people would file bankruptcies and the tax delinquency that were due would fall into a black hole. About a year ago I organized a system to make sure that we were pro-active and I am pleased to report that today we collected $115,000.00 in a very old delinquency; truly based on that system.

MOTION

to accept the report of the Attorney by Councilman Butler, seconded by Councilman Cucchiara and so ordered on the following roll call vote:

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

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

NAYS: None.

ABSENT: Councilmen Redmond, Sohor, Councilwoman Hegarty.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 55-01

Ordinance Accepting Access and Maintenance Easement from the Cheesequake Village Association, Inc.

WHEREAS, the Cheesequake Village Association, Inc. 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 Village Association, Inc.

Section 2. Ordinance

The Township of Old Bridge formally accepts the easement granted to the Township of Old Bridge by the Cheesequake Village Association, Inc. 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 Testino, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

Prior to the vote the following discussion took place

President Maher: The correct title is Cheesequake Village Inc.

Attorney Ruggierio: I got the letter from the attorney and have taken care of the wording.

President Maher opened the public portion.

Mr. Tanela: The association would like to thank the council and mayor.

Seeing no hands President Maher closed the public portion.

Preliminary Public Comments

Lucille Panos: I am here to let you know that I have heard from Bill Baker about the disgusting campaign literature and I am now just waiting to hear from a Nick Smolney. I would ask any democrat in this town who knows Mr. Smolney to encourage him to apologize for this so that we can put this behind us.

HEARING

H-1 Release/Reduction Performance Guarantee/Rolling Meadows/Foxborough Village II

President Maher: The attorney requests a postponement to March 25, 2002. Since this was received today I will open this to the public if there is anyone here.

Councilman Testino: I would like this to be with re-notification.

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

MOTION

to postpone the Hearing until March 25, 2002 with re-notification via certified mail, by councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Redmond, Sohor, Councilwoman Hegarty.

REPORTS

Lowe's/Cedarview Estates - (Report by: Legal and Engineering)

Mr. Iglesias: I would like to let the council know that there will be a meeting between my staff and DOT on the deceleration lane at Home Depot tomorrow at 10:00 a.m. I will report back on that.

The Cedarview punch list is being done at this time, I was called by at a contractor and they have started the repairs to the roads.

With regard to Lowe's and in reference to Mr. Sestina's comments at the last meeting, we have $2,493,000.00 in bonds and $432,000.00 in cash. The issue is the traffic pro rata share, my office has no jurisdiction over this and no right to waive it. The issue was discussed at the zoning board and I have submitted report to this council as to what my opinion is on the waiving of the fees. The Lowe's shopping center has more then spent that amount of money in off tract improvement (over $500,000.00). There is nothing in the law that prohibits me from doing what I did; which was not forcing the issue on them to present that money. It was my call and I have no problems telling you that I think it was fair and reasonable.

Councilman Testino: When are they coming before the council to ask for a waiver?

Mr. Iglesias: That is up to them and up to you to say no to them.

Attorney Ruggierio: It is my view that when there is a requirement for off tract improvements they have to be enforced at the time the building permit is issued. Mr. Testino's point is well taken, that we have very little leverage. The question to me was "who has the authority to make a waiver?". As I remember from previous research into this type of matter, there is a specific ordinance indicating the answer to that question. This does seem to be an issue, not because we have sufficient amounts of cash, my understanding is that the developer has consented; orally to the Mayor, to have these funds utilized for what may be a contested submission of these pro rata fees. When bonds are posted, they cannot be made available for other purposes, they are specific written bonds that say what they are for.

On Cedarview, we passed a resolution threatening to default the bonds and almost immediately I got a letter from the obligators of surety bonds stating that they intended to get the work done by December 17th. I realized late one night that the thing missing from our list was the $30,000.00 for failing to installed a certain thickness on the roads. I wrote a letter the next day to the lawyer stating the compensation. The long and short of this is that we spoke to the Clerk's office today and I am sure that tomorrow we will get documentation on this. I think that the lawyer is inclined to advise his client to make a monetary settlement with us. I am of the understanding that they won't be completing this punch list until they get those documents.

Councilman Butler: I want to thank Nelson and Bill on their aggressiveness in solving this problem.

Councilman Testino: I want to go forward with this hearing on the 17th so that we keep the pressure on them.

President Maher: Nelson, is this your last official meeting?

Mr. Iglesias: Yes.

President Maher: I want to wish you the best of luck in the future.

Consent Agenda

RESOLUTION #562

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR AMBOY NATIONAL BANK (GAUB ROAD)

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

WHEREAS, the developer for Amboy National Bank, located at 7 Gaub Road, has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on November 26, 2001, at which time the Township Engineering Department and the Township Council were hear; and

WHEREAS, the Township Engineer has recommended release of the performance guarantee of Amboy National bank, 7 Gaub Road; and

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

Performance Bond $18,752.58 (Letter of Credit #1514)

10% Cash Deposit 2,083.62

Total $20,836.20

There has been no reduction to the Performance Guarantee.

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 Maintenance Bond for a two (2) year period in the amount of $3,125.43 (15% of the Performance Guarantee).

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #563

MEMORIALIZING RELEASE PERFORMANCE GUARANTEE FOR AMBOY NATIONAL BANK (RT. 9 SOUTH)

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

WHEREAS, the developer for Amboy National Bank, located at 3590 Route 9 South, has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on November 26,2001, 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 Amboy National Bank, Route 9 South; and

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

Performance Bond $86,352.48 (Letter of Credit #1507)

10% Cash Deposit 9,594.72

Total $95,947.20

There has been no reduction of the Performance Guarantee.

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 Maintenance Bond for a two (2) year period in the amount of $14,392.08 (15% of the Performance Guarantee).

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #564

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR AMBOY NATIONAL BANK (RT. 9 NORTH)

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

WHEREAS, the developer for Amboy National bank, located at 109 Route 9 North and Downing Street, has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on November 26, 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 Amboy National Bank, Route 9 North; and

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

Performance Bond $60,827.98 (Letter of Credit #1490)

10% Cash Deposit 6,758.66

Total $67,586.64

There has been no reduction of the Performance Guarantee.

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 Maintenance Bond for a two (2) year period in the amount of $10,138.00 (15% of the Performance Guarantee).

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #565

CONDEMNING CHINA'S PERSECUTION OF FALUN GONG PRACTITIONERS

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

WHEREAS, Falun Gong is a peaceful cultivation and practice system to improve people's minds and bodies with millions of members in over 40 countries; and

WHEREAS, in the last two years, horrific attacks have been launched by Jiang Zemin's regime against Falun Gong practitioners in China, as well as those in Zhejiang Province, a sister state of New Jersey; and

WHEREAS, this policy violets China's own Constitution, as well as the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights; and

WHEREAS, Jiang Zein's regime has created notorious government "610" offices throughout China with the special task of overseeing the persecution of Falun gong members throughout organized brainwashing, torture and murder; and

WHEREAS, propaganda from China's state controlled media has inundated the public in an attempt to breed hatred and discrimination; and

WHEREAS, the number of know deaths from torture has reached 296 so far, tens of thousands have been tortured while confined in labor camps, prisons, and mental hospitals, and hundreds of thousands have been forced to attend brainwashing classes; and

WHEREAS, women, in particular, have been the target of numerous forms of sexual violence, including rape, sexual assault, and forced abortions; and

WHEREAS, several permanent U.S. residents and citizens have been imprisoned, tortured, and subject to arbitrary detention; and

WHEREAS, the campaign of persecution has been generated by the Chinese Government, carried out by government officials and state police, and permeated every village and every level of government in China;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township of Old Bridge hereby calls upon the Government of the People's Republic of China to cease its persecution of Falun Gong practitioners immediately, to dismiss notorious "610" offices throughout China, and to release all Falun Gong practitioners from detention immediately.

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #566

ADOPTING DRUG AND ALCOHOL POLICY FOR COMMUNITY SHUTTLE EMPLOYEES

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 has applied for and been awarded a bus by New Jersey Transit for use in a Community Shuttle Program; and

WHEREAS, New Jersey Transit requires the Township of Old Bridge to adopt a Drug and Alcohol Policy for the Community Shuttle Program before such program can be implemented;

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the document known as the "Drug and Alcohol Policy" for the Community Shuttle Program, on file with the Township Clerk, is hereby adopted by the Township of Old Bridge.

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #567

CANCEL LEVY FOR 100% DISABLED VETERAN (MATTIE BARRON)

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

WHEREAS, N.J.S.A. 54:4-3.30 ET. SEQ. authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veterans Administration to be 100% disabled as of the date of same, and

WHEREAS, Mattie Barron, who owns and resides at 2 Michigan Drive also know as Block 3549.23, Lot 81, has filed for the above mentioned exemption with the Tax Assessor, and

WHEREAS, Mattie Barron is the widow of Carroll Barron, Jr., who was declared a 100% Disabled Veteran on April 2, 1971, a copy of said declaration being filed with the Tax Assessor, and has owned the above mentioned property since August 8, 2001.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel a portion of the 2001 calendar year taxed have been billed on the above referenced property.

FURTHER, BE IT RESOLVED, by the Township Council of the Township of Old Bridge, that any payments for taxes made for the period after August 8, 2001 be refunded including any interest and principal paid by Mattie Barron.

Levy Amount Payment Amount to be Canceled to be Refunded

2001 $765.50 $666.18

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #568

CANCEL OUTSTANDING CURRENT FUND PAYROLL DEDUCTION AND EDC CHECKS

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

WHEREAS, there are certain Current Fund Account, Payroll Account and EDC checks that have remained outstanding in excess of two (2) years; and

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

OUTSTANDING CHECKS - CURRENT FUND

Date Check Amount Vendor

Issued No.

11/14/00 597682 5.13 Rosemarie Savi & Patick
11/14/00 597696 514.39 Shoprite of Old Bridge
11/14/00 597716 12.00 Ultravision Photo &Video
11/28/00 597781 20.00 Deborah Naschder
11/28/00 597868 4,389.83 Pabco

$4,941.35

OUTSTANDING CHECKS - PAYROLL ACCOUNT

Date Check Amount Vendor

Issued No.

11/2000 84651 7.91 Thomas Miller
11/2000 85053 23.06 Despina Mattos

30.97

OUTSTANDING CHECKS EDC

Date Check Amount Vendor

Issued No.

12/08/99 6072 20.49 Cellular One
12/28/99 6077 17.92 Cellular One

$38.41

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed outstanding checks totaling $5,010,73 be canceled.

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #569

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR SOUTHLAND CORP./7-11 FOOD MART STORE

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

WHEREAS, the developer for Southland Corp./7-11 Food Mart Store #2411-3277, located on Route 9 North, has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on December 3, 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 Southland Corp./7-11 Food Mart Sore #2411-3277; and

WHEREAS, the Township Engineer recommend release of the performance guarantee as follows: Performance Guarantee $299,296.08

10% Cash Deposit 33,255.12

Total $322,551.20

There has been no reduction of the Performance Guarantee

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 Maintenance Bond for a two (2) year period in the amount $48,382.68 (15% of the Performance Guarantee).

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #570

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR J.L.R.S. (HEILBRUNN BUILDING)

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

WHEREAS, a public hearing was held on December 3, 2001, at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the developer for J.L.R.S. (Heilbrunn Building), has requested a release of the performance guarantee for the office building site located at Route 516.

Performance Bond $44,895.33 (Letter of Credit)

10% Cash Deposit $4,988.37

$49,883.70

NOW, THEREFORE, BE IT RESOLVED by the Township Council, of the Township of Old Bridge, County of Middlesex, State of New Jersey has recommended the release of the performance guarantee.

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #571

APPROVING CHANGE ORDER NO. FOR CONTRACT #1-08 FOR CURB REPLACEMENT PROGRAM

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 Contract 01-08 with the firm of Pioneer General Contracting Co, Inc. for the curb replacement program at various locations; and

WHEREAS, Pioneer General Contracting Co. has requested Change Order No. 1 to increase the amount of the contract due to the changes in the contract quantities.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No. 1 is hereby authorized as set forth on the attached Change Order.

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

ORIGINAL CONTRACT: $898,997.00

CHANGE ORDER No. 1 + 98,889.67

NEW AUTHORIZED TOTAL $997,886.67

Total amount of Change Order $98,889.67

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

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #572

AUTHORIZING THE PURCHASE OF POLICE EQUIPMENT UNDER STATE CONTRACT A48152 TO AIR POWER INTERNATIONAL

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 purchase police equipment under State Contract A48152 in the amount of $20,417.15; and

WHEREAS, the Township wishes to award the State Contract A48152 for the police equipment to Airpower International, located at P.O. Box 1125, Exton, PA 19341.

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

  • Airpower International is hereby awarded a contract in the amount of $20,417.15 over bid threshold on State Contract A48152.

2. The award of the contract is contingent upon issuance of a Certification of Availability of Funds No. 1014 certifying the existence of sufficient appropriation to fund the said contract.

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

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

RESOLUTION #573

RESOLUTION MEMORIALIZING SUBSTANTIAL CHANGE TO CDBG FINAL STATEMENT FY2000

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

WHEREAS, the Township Council is hereby considering a substantial change in the allocation of Community Block Grant (CDBG) funds previously allocated to Public Facility Improvements 00-3B Demolition & Clearance of Senior Building on Route 9; and

WHEREAS, the Township Council wishes to memorialize said vote; and

WHEREAS, the program in which the funds will be transferred are:

FY 2000 Public Facility Improvements $33,400.00

Demolition & Clearance, Senior Building Route 9

TOTAL FUNDS TO BE TRANSFERRED $33,400.00

WHEREAS, the total amount of $33,400.00 will be transferred to Fiscal Year 2001 funding allocation 01-3C, Public Facility Improvements to the Old Bridge Public Health Building; and

WHEREAS, the change will allow CDBG to make use of excess funds left over after demolition and clearance of Route 9 Senior Center allocated to FY 2000 Public Facility Improvements.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the change in allocation of CDBG funds is hereby allocated; and

BE IT FURTHER RESOLVED that a true copy of this resolution shall be deposited with the following Township offices: CDBG

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

President Maher opened the public portion.

Nellie Au: Thank you for passing the resolution condemning China's persecution of Falun Gong Practitioners.

RESOLUTION #574

BINGO/RAFFLE

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:

BA04-02A Jewish Community of Central Madison Twp.
BA05-02A Jewish Community of Central Madison Twp.
RA06-02A St. Bernadette R/C Church
RA24-02 St. John Vianney H.S.
RA25-02 Greater Freehold Area Pop Warner
RA26-02 Holmdel Foundation for Education Excellence
BA27-02 St. Ambrose Church
BA28-02 St. Ambrose Church
BA29-02 Holy Name Society of St. Ambrose
BA30-02 St. Ambrose Altar Rosary Society

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

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

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

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

RESOLUTION #575

AUTHORIZING THE RENEWAL OF LICENSE FOR OLD BRIDGE RACEWAY PARK, INC.

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

BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the license for Old Bridge Township Raceway Park, Inc., is hereby renewed for the year 2002 subject to the following:

    • Old Bridge Raceway Park, Inc., make periodic announcements requesting the patrons refrain from disposing litter on the roads when exiting the park and that the patrons leave the park and drive through the town in a quiet and orderly manner; and
    • No unmuffled motors will begin prior to 10:00 a.m. and that unmuffled racing will cease at 10:00 p.m., with the exception of three (3) Wednesday evenings, one each in June, July and August.

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

Prior to the vote the following discussion took place

Councilman Greene: I have been made aware that Raceway Park would want to change the three Wednesday of their events. I have no problem with the change, but would ask that I be informed beforehand of the dates.

President Maher: We are just renewing their license to operate under the same condition as in the past.

Councilman Hoff: Are you sure that there are no changes to resolution?

President Maher: Yes, read the resolution.

Councilman Hoff: I would ask Attorney Ruggierio if this is the same.

Attorney Ruggierio: As far as I know it is the same. I think that the clerk can confirm that.

Deputy Clerk Ward: It is the same.

Councilman Testino: I think that we should be a little business friendly to Raceway Park, they are one of Old Bridge biggest tax payers. They bring in a lot of business to our town. I think that they are looking to have events on Fridays, instead of Wednesday, which would be fine. I think that they should come before the council if they want a change. The people that are moving into that area now are to be disclosed about Raceway Park and their events. I know that Manalapan would like to shut down Raceway Park but I think that we should do what we can for them without burdening our residents.

Councilman Greene: I am not against Raceway Park and I agree with Mr. Testino, I just want to make the council and residents aware that they are possibly looking for a change. I just want to know in advance so that if I get a complaint from a resident I can respond to them.

President Maher opened the public portion.

Captain William Cerra: The dates are discussed with the Police Department next month and we agree on dates, they just don't want them back to back weeks.

Councilman Greene: Will you let me know when you have settled on dates?

Captain Cerra: Yes, next week I will be coming before you on a permit that they are going to be asking for and I will explain that next week.

Lucille Panos: I would like to make sure that if you change this to Fridays that the trash will be picked up the next day and not sit there for the weekend.

Seeing no hands President Maher closed the public portion.

RESOLUTION #576

AUTHORIZING EXECUTION OF GREEN ACRES REVISED PROJECT AGREEMENT FOR CEDAR RIDGE II ACQUISITION GRANT

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

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program ("State") provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Old Bridge desires to further the public interest by obtaining a loan and/or a grant of $2,500,000.00 from the State to fund the following project: Cedar Ridge II Acquisition.

NOW, THEREFORE, the governing body/board resolves that Mayor Barbara Cannon and W. Thomas Badcock or the successor to the office of Mayor and Director of Parks, Recreation and Social Services is hereby authorized to:

  • Make application for such a loan and/or such a grant.

B. Provide additional application information and furnish such documents as may be required.

  • Act as the authorized correspondent of the above named applicant; and

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and

WHEREAS, the applicant is willing to use the State's funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project.

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

      • That the Mayor of the above named body or board is hereby authorized to execute an agreement and any amendment thereto

With the State known as project name Cedar Ridge II Acquisition.

  • That the applicant has its matching share of the project, if a match is required, in the amount of $2,800,000.00.
  • That in the event the State's funds are less that the total project cost specified above, the applicant has the balance of funding necessary to complete the project.
  • The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project.
  • That this resolution shall take effect immediately.

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

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

NAYS: Councilman Hoff.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

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

RESOLUTION #577

AWARD CONTRACT 01-21 BUNKERHILL DRIVE IMPROVEMENTS TO MARIO'S CONCRETE & PAVING COMPANY

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 advertised and received bids for Contract 01-21 for Bunker Hill Drive Improvements; and

WHEREAS, the bids were received and opened on July 26, 2001; and

WHEREAS, the Township Council wishes to award the contract for Bunker Hill Drive Improvements to the lowest responsible bidder; and

WHEREAS, the Township Council wishes to award this contract to Mario's Concrete Paving Company, located at 3237 Bordentown Ave, Parlin, NJ 08859

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

  • Mario's Concrete Paving Company is hereby awarded a contract in the amount of $52,065.00

2. The award of the contract is contingent upon issuance of a Certification of Availability of Funds No. 994 certifying the existence of sufficient appropriation to fund the said contract.

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

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

Prior to the vote the following discussion took place

Attorney Ruggierio: I handed out tonight a memo from James Condon which addresses the concern of the clerk about the statute of limitations. The law requires that bid be awarded 60 days from the date that the bids come in, unless there is an extension. There are three extension attached and I think that Mr. Condon only gave the Clerk's office the last extension. It is appropriate and necessary to award this contract.

Councilman Cucchiara: I am glad to see this finally getting done.

President Maher opened the public portion.

Lucille Panos: Is there a time frame as to when this will be completed?

Attorney Ruggierio: There is a time limit within the contract. It commences from the time they start and that is dictated by weather.

Seeing no hands President Maher closed the public portion.

Ordinance for Second Reading

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.

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

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

NAYS: None.

ABSENT: Councilman Redmond, Councilwoman Hegarty.

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

Ordinance for First Reading

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
Estimate
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 Fina