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OLD BRIDGE TOWNSHIP COUNCIL
REGULAR MEETING
January 28, 2002
A Regular meeting of the Township Council of the Township of Old Bridge was held on January 28, 2002 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places.
Roll call at 8:00 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
Bill List
RESOLUTION No. 65
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 28, 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of January 28, 2002 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 $15,226,216.54 (Accounts Payable).
Moved by Councilman Hoff, seconded by President Greene and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
Prior to the vote the following discussion took place
Councilman Redmond: Do we do the solid waste once a year?
Mayor Cannon: I will get you an answer next meeting.
Bill List
RESOLUTION No. 66
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 28, 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of January 28, 2002 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 $773,352.06. (Payroll).
Moved by Councilman Hoff, seconded by President Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
Bill List
RESOLUTION No. 67
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and
WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and
WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of January 28, 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of January 28, 2002 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 $41,159.50 (Overtime).
Moved by Councilman Calogera, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: Councilmen Greene, Hoff, Maher.
Report of the Attorney
Councilman Hoff: I have been following the paper trail on the Cheesequake Dam. There seems to be a concern about the time frame of the grant. Are we up to date on that?
Ms. Shepler: The letter was sent to the state and the money has to be encumbered, not that the project has to be completed.
Attorney Ruggierio: I will be happy to look into that for you. I would like to consult with the engineer. It looked like the mayor "sat on the letter" for eleven days because it was dated the 7th . The letter was received the 15th and we responded to it immediately. We are going to take all barriers out of the way to make sure that this moves at the fastest speed possible. I will report at the next agenda meeting the probable time table. I still do not have the paper work, but this documentation makes it clear that Cheesequake Village is now in a position to give us title to the things that I've drawn up.
Councilman Hoff: My question is prompted by the fact that the State is apparently not in the best budget situation right now. We may have trouble getting an extension of monies.
Attorney Ruggierio: Tom Badcock and I had a very productive meeting with the owners of the Lambertson Tract and I believe that I can report to you by the next agenda that we have acquired that property upon some complicated but favorably terms to the township. The planning board has indicated that it may be inclined to accept the Hovnanian proposal for settlement, this ties directly into the Oakwood case. We had a meeting with the judge on Friday, and we will be meeting with her in another two weeks.
Councilman Baker: Who should have of plowed the streets at Oakwood in the last snow storm?
Attorney Ruggierio: Legally, we believe that it is Kaplan's responsibility to plow the streets.
Councilman Baker: They did not.
Attorney Ruggierio: We are aware that they have taken the position that it is not their responsibility and we can't really compel them, short of litigation.
Councilman Baker: If it snows tomorrow, can we plow the streets?
Attorney Ruggierio: It has been our policy, that if a developer is not performing, we do the work and bill them. There is never a circumstance; that I am aware of, where we actually let the residents be knee deep in snow.
Councilman Baker: This past snow storm they were. Should they contact us next time?
Mayor Cannon: If no one is plowing, we will do it and try an recoup the money, we do not leave them in a hazardous situation.
Councilman Redmond: Did we plow them?
Mayor Cannon: I never got a report that they weren't. I had gotten a call on another development and had to send somebody out. I will double check to see if they were plowed.
MOTION
to accept the report of the attorney by Councilman Redmond, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
Preliminary Public Comments
Anita Clavering: In my twenty years as a resident of Nieuw Amsterdam Village I have come to know Reginald Butler as a great man and wonderful councilman. Reggie is always there to help residents of the third ward and all residents. Reggie has voiced support for the youth center in ward three for many years and on many occasions. On behalf of the citizens of the third ward I would suggest the youth center in ward three be named after President Reginald Butler.
Dr. Joseph Chosi: I have been the township veterinarian for ten years and during that period of time I have provided emergency services to the town and I have worked with the shelter and recently have been doing the rabies clinic. There were problems with billing, and Ms. Shepler has thanked me for staying with the town while these problems were worked out. It has come to my attention that the township has chosen another veterinarian to provide services. I have enjoyed providing services to the town and feel that I have done a good job, there has never been a complaint about availability, I came out in the middle of the night when the police accidentally shot a Dalmatian in the head. I just want to make sure that the choice of another vet is not due to favoritism or political favor.
President Butler: Thank you very much for your service to this township.
Councilman Testino: I would like a report on how the contract for the vet was chosen.
Ms. Shepler: This was not done on a contractual basis. A doctor who is in town was chosen to do the work. This doctor will be building a new facility, which will be a 24 hour clinic. I would like to say that this is absolutely no reflection on Dr. Chosi's wonderful service to the town. It was just felt at this time to keep the business in Old Bridge. I would be happy to have Lt. Colleen McNamara; through the police chief, give you a report.
Anita Greenberg: Has there been any more thought given to the proposal for a YMCA in town? I think it would be a wonderful addition to the township. There are great programs for all ages. The Red Bank YMCA was going to do a feasibility study without a cost to the township. I think it would be wise to let them do the study.
President Butler: The Western Monmouth Y wants to make a presentation and I will be putting a committee together by the end of the night.
Ms. Greenberg: That is the Y that I belong to and they are very good.
Councilman Baker: The feasibility study was the second step, the first step was that they wanted us to commit to them. We are just not there yet.
Mayor Cannon: I understood that it was non binding.
HEARING
Release/Reduction Performance Guarantee - Pillori Real Estate Management, L.L.C. (Attorney requests postponement with no re-notification) (Suggested new date: Tuesday, February 19, 2002 at 8:00 P.M.)
President Butler: I think that there should be re-notification.
Councilman Testino: This is their attorney requesting the postponement and I would move the adjournment with the condition that they renotify.
Mr. Sumal: This is a professional building on 35 and the items are of a minor nature.
Councilman Hoff: This is a good addition to the neighborhood, I think that we should adjourn this, the building is in good shape.
President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
MOTION
To adjourn the hearing for Pillori Real Estate Management until February 19, 2002 with renotification by REGULAR MAIL by Councilman Testino, seconded Councilman Calogera and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
ORDINANCE FOR SECOND READING
TOWNSHIP OF OLD BRIDGE Ordinance No. 01-02
An Ordinance Amending Limousine License Application Procedures
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 amends the application requirements for limousine licenses and requires, among other things, applicants for limousine licenses to submit to photographing and fingerprinting in order to obtain a license.
Section 2. Limousine License
Section 8-16.4 of the Code of Old Bridge is amended by substitution as follows:
License Application. In addition to the submission of an insurance policy and the power of attorney, the applicant must submit a photocopy of a valid New Jersey driver's license and a valid registration for the vehicle to be licensed. The applicant shall submit to a background check and being photographed and fingerprinted by the police department. The minimum fee for such background check, fingerprinting and photographing shall be $25.00.
An applicant residing in an apartment complex must submit a lease demonstrating Old Bridge Township residency. An applicant residing in a planned unit development must submit a letter from his or her housing association stating applicant is permitted to garage a limousine.
An applicant shall be limited to one (1) license per address. An applicant who wishes to obtain an additional license must submit a letter from the garage or owner of the property where the applicant's additional limousine shall be garaged stating the applicant is permitted to garage his or her limousine at such address.
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 Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
Prior to the vote the following discussion took place.
Councilman Redmond: Is the $25.00 fee enough to cover this process?
Deputy Clerk Ward: I spoke with the police department and it is more than sufficient. It is a minimum of $25.00.
ORDINANCE FOR SECOND READING
TOWNSHIP OF OLD BRIDGE Ordinance No. 02-02
Ordinance Amending Ordinance No. 25-00 of the Township of Old Bridge, County of Middlesex, New Jersey
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 168 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:
Section 1. The Title of Bond Ordinance 25-00 ("Bond Ordinance") is hereby amended to provide follows:
"Bond Ordinance Providing for Sidewalk, Curb and Apron Improvements in and by the Township of Old Bridge, County of Middlesex, New Jersey, Appropriating the Sum of $100,000 Therefor; Authorizing the Issuance of Bonds or Bond Anticipation Notes of the Township of Old Bridge, County of Middlesex, New Jersey, in the Aggregate Principal Amount of Up to $95,000 for financing a Part of the Cost thereof; Making Certain Determinations and Covenants; and Authorizing Certain Related Actions in Connection with the Foregoing"
Section 2. Section 7(a) of the Bond Ordinance is hereby amended to provide as follows:
Purpose/Improvement Estimated Down Amount of Period of
Total Cost Payment Obligations Usefulness
A. Improvements to Sidewalks, Curbs, and Apron and $100,000 $5,000 $95,000 10 years related work and materials (hereinafter collectively referred to as the "Sidewalk Improvement") on properties throughout the Township. A complete list of such properties once completed shall be filed by the Chief Financial Officer with the Township Clerk.
Section 3. Sections 8, 9, and 10 of the Bond Ordinance are hereby deleted.
Section 4. Sections 11, 12, 13, 14, 15, 16, 17, 18, and 19 are hereby renumbered as Sections 8, 9, 10, 11, 12, 13, 14, 15, and 16 respectively. All other parts of said Sections remain in full force and effect.
Section 5. The capital Budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services is on file with the Clerk of the board of chosen Freeholders and available for inspection.
Section 6. All other parts of the Bond Ordinance not amended hereby shall remain in full force and effect.
Section 7. In accordance with the Local Bond Law, this ordinance shall take effect twenty (20) days after the first publication thereof after final passage.
Moved by Councilman Hoff, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
ORDINANCE FOR SECOND READING
TOWNSHIP OF OLD BRIDGE Ordinance No. 03-02
An Ordinance of the Township of Old Bridge Amending Section 2-13.5 of the code of the Township of Old Bridge Increasing the Number of Members of the Recreation Committee
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 amends Section 2-13.5, paragraph (a) of the Code of the Township of Old Bridge to increase the Recreation Committee membership from 13 members to 15 members.
Section 2. Amendment
Section 2-13.5 paragraph (a) of the Code of the Township of Old Bridge is hereby stricken to be replaced with a new Section 2-13.5, paragraph "a" to read as follows:
a. Membership. Within the Department of Parks and Recreation, there shall be an advisory council on recreation known as the "Old Bridge Recreation Committee". An effort shall be made to represent all age groups on the Committee. The Committee shall consist of fifteen (15) members, appointed by the Council for terms of one (1) year, who shall serve without compensation. In the event of a vacancy, the Council shall appoint a person to fill such vacancy for the unexpired term only. There shall be a Chairman and a Vice Chairman of the Committee appointed from among its membership.
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 Redmond and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
President Butler opened the public portion. Seeing no hands President Butler closed the public portion.
Prior to the vote the following discussion took place
Councilman Maher: I would ask the Clerk advertise for resumes.
ORDINANCE FOR SECOND READING
TOWNSHIP OF OLD BRIDGE Ordinance No. 04-02
An Ordinance Authorizing Police Positions
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 is enacted to comply with N.J.S.A. 40A:14-118 and certain recent case law.
Section 2. 2-14.4 Composition
The Department of Police shall consist of the following sworn personnel:
A. The Chief of Police
B. Five (5) Captains
C. Eight (8) Lieutenants of Police
D. Fifteen (15) Sergeants
E. Eight-seven (87) Patrol Officers
Nothing herein shall be deemed to compel the termination (by layoff or otherwise) of any sworn officer.
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 N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to N.J.S.A. 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 N.J.S.A. 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 Hoff and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, President Butler.
NAYS: None.
ABSTAIN: Councilwoman Panos.
ORDINANCE FOR FIRST READING
FR-1 Ordinance regarding the name change of "Old Bridge Plaza" to "Mary Brown Way"
Councilman Hoff: I would like to ask legal if an ordinance is required?
Attorney Ruggierio: I've been informed by the clerk's office that there has never been an ordinance designating the roadway. It has been our custom to use an ordinance to change an address.
MOTION
by Councilman Calogera to table, seconded by Councilman Baker and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: Councilman Hoff.
ORDINANCE FOR FIRST READING
TOWNSHIP OF OLD BRIDGE ORDINANCE NO. 05-02
ORDINANCE AMENDING OLD BRIDGE LAND DEVELOPMENT CODE WITH RESPECT TO ESCROW DEPOSITS FOR REVIEW OF PLANNED DEVELOPMENT APPLICATIONS
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
The purpose of this Ordinance is to amend section 12-2B(1) of the Old Bridge Land Development Ordinance to revise the amounts of escrow deposits for review of planned development applications.
SECTION 2: AMENDMENT
Section 12-2B(1) of the Land Development Ordinance of the Township of Old Bridge is amended by substitution with the following language:
1. Any applicant for development shall post the following initial sums to be held in escrow:
Type of Development Application Professional Review Escrow Fee
a. MINOR SUBDIVISION $500.00 per lot
b. MAJOR SUBDIVISION
Preliminary
(I) 1 to 50 lots $2,500.00 (1st lot) + $100.00 each additional lot up to 50
(ii) 51 to 250 lots + $75.00 each additional lot over 50 up to 250 lots
(iii) over 250 lots for all additional lots above 250, $50 per lot
Final
(I) 1 to 50 lots $1,250.00 (1st lot) + $50.00 each additional lot
(ii) 51 to 250 lots + $37.50 each additional lot over 50
(iii) over 250 lots + $25.00 each additional lot over 250
c. MINOR SITE PLAN
Fee for Minor Site Plan: $1,000.00
d. MAJOR SITE PLAN
Residential - preliminary $2,500.00 (1st unit) + plus $100.00 each additional unit
Residential - final $2,500.00 (1st unit) + $50.00 each additional unit
Non-Residential - preliminary
(I) Less than 1,001 square feet $3,500.00
(ii) 1002 - 5,001 square feet $4,000.00
(iii) 5002 - 10,001 square feet $5,000.00
(iv) More than 10,001 square feet $7,500.00
Nonresidential - final $3,000.00
General Development Plan as per 1. Less than 100 acres . . . . . $5,000.00
N.J.S.A. 40:55D-45.1 2. 100 acres - 1,000 acres . . . $7,500.00
3. 1001 acres - greater . . . . . $10,000.00
Application to revise or amend $5,000.00
General Development Plan
e. PLANNING PERMITS $1,500.00 (Pursuant to N.J.S.A. 40:55D-34 And N.J.S.A. 40:55D-35)
f. APPEAL $1,500.00 (As set forth in N.J.S.A. 40:55D-39a, Appeal from Administrative Official or Agency)
g. INTERPRETATION $1,000.00 (Pursuant to N.J.S.A. 40:55D-70b)
h. CONCEPTUAL REVIEW BEFORE PLANNING BOARD:
(I) Proposed small scale $1,500.00 development (Less than 10 acres)
(ii) Proposed large scale $3,000.00 development (More than 10 acres)
I. YARD AND BULK VARIANCES
(Pursuant to N.J.S.A. 40:55D-70c)
(I) Lot variance $500.00 (Application involving only one lot occupied or to be occupied by only one single family dwelling)
(ii) Application by single or two $0.00 family homeowner of single lot or bulk variance (Homeowner application involving remodeling, deck, pool, or expansion of existing home)
j. USE VARIANCE
(I) D variance for floor area ratio, height and/or density for a single building $ 750.00
(ii) all other variances sought under N.J.S.A. 40:55D-70d) $2,000.00
k. RE-SUBMISSION OF PLANS 30% of original escrow fees (required for all applications)
l. INFORMAL TECHNICAL REVIEW - PREAPPLICATION:
Unless waived by administrative officer, escrow fees will be posted as follows:
(I) Proposed small scale $1,500.00 development (Less than 10 acres)
(ii) Proposed large scale $3,000.00 development (More than 10 acres)
m. SPECIAL MEETING FEE:
If the applicant requests a special meeting to be scheduled for consideration of an application and the board grants such request, the following additional amount shall be deposited to escrow as a condition for holding the said meeting:
For each special meeting to be deposited within twenty-four (24) hours of the
granting of the request .................................................$1,500.00
SECTION 3: APPLICATION FEES
Application fees for land use applications are hereby amended as follows:
A. Generally
Every application for development, application for a land disturbance permit or application for a sign permit shall be accompanied by a check made payable to the Township for the application fees set forth below. Such fees are required to cover the cost of administering and processing the review procedures. An applicant seeking more than one type of approval in an application for development shall pay an aggregate fee equal to the total of all fees or each separate approval requested. Separate fees shall be payable for use variances and bulk variances.
B. Subdivisions
1. Residential
a. Minor Subdivision $500 plus $45 per lot
b. Major Subdivision
(1) Preliminary Approval $500 plus $45 per lot
(2) Final Approval $500 plus $33 per lot
2. Nonresidential
a. Minor Subdivision* $500 plus $110 acre or portion thereof
*In the case of a minor subdivision wherein one or two lots are to be subdivided out of a much larger tract such that the area of the created lot(s) is less than or equal to 25% of the total tract area, the area for fee calculation purposes shall be taken as 1-1/2 times the area of the created lot(s).
b. Major Subdivision
(1) Preliminary Approval $500 plus $110 per acre or portion thereof
(2) Final Approval $500 plus $55 per acre or portion thereof
C. Site Plans
1. Residential
a. Minor Site Plan* $500 plus $50 per acre or portion thereof
b. Major Site Plan
(1) Preliminary Approval $500 plus $45 per dwelling unit
(2) Final Approval $500 plus $33 per dwelling unit
c. Nonresidential
d. Minor Site Plan* $500 plus $75 per acre or portion thereof
e. Major Site Plan
(1) Preliminary Approval $500 plus $110 per acre and $.02 per square foot of Gross Floor Area
(2) Final Approval $500 plus $55 per acre and $.015 per square foot of Gross Floor Area
*In the case of a minor site plan or preliminary or final approval of a major site plan wherein the portion of the lot/tract which is the subject of the application is less than or equal to 25% of the total lot/tract area, the land area (acres) for fee calculation purposes shall be taken as 1-1/2 times the land area of the subject portion.
D. General Development Plan
$500 plus $20 per dwelling unit plus $.02 per square foot of non-residential Gross Floor Area
E. Variances
1. Appeals $150
(40:55D-70(a))
2. Interpretation $150
(40:55D-70(b))
3. Bulk $150
(40:55D-70(c))
4. Use $365
(40:55D-70(d))
5. Permit $150
(40:55D-34 & 36)
F. Conditional Use Permits See Site Plan Fees (40:55D-67)
G. Appeals to Governing Body $365
H. Certificate of Approval Exempt Subdivision $50, $25 for recertification
I. Land Disturbance Permit $50 plus $10 for each 100 acres in excess of the first 10 acres
J. Sign Permit $22.00 per sign plus annual renewal fee of $22.00 per sign
K. Notice of Decision $20.00 (other than applicant)
L. Concept Plan $500 plus $30 per lot (credited towards or $55 per acre or review fees of the portion thereof same application whichever is the greater for development)
M. Photocopying Charges
1. Public Records.
First page to tenth page $.75 per page. Eleventh page to twentieth page $.50 per page. All pages over twenty $.25 per page. The above rates shall apply unless otherwise set by law.
If the Director of the Department of Community Development or his designee find that there is no risk of damage or mutilation of such records and that it would not be incompatible with the economic and efficient operation of the office and the transaction of public business therein, he may permit any citizen who is seeking to copy more than 100 pages of records to use his own photographic process, approved by the Director of the Department of Community Development or his designee, upon the payment of a reasonable fee, considering the equipment and time involved, to be fixed by the Director of the Department of Community Development or his designee of not less than $10.00 or more than $50.00 per day.
SECTION 4: 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 5: 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 6: 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 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.
C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the council vote in favor of such resolution.
Moved by Councilman Redmond, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
Consent Agenda
Certification of Audit
Councilman Testino: We usually have the auditor here when we do this.
President Butler: The auditor will be here next Monday and we will carry this until then.
Councilman Testino: Are there any deadlines that we need to be concerned with?
President Butler: I have been advised that we are within the time frame.
Professional Services Contract - Corporate Defense Strategies for project supervisor in the amount of $7,600.00 (surveillance cameras). (CERT.# ) (AFFIRM. ACT. (Removed from agenda as per William Ruggierio, Esq.)
Councilman Redmond: Why is this being removed from the agenda?
Attorney Ruggierio: The installation of these cameras is being rebid so I asked if it would make any sense to award this contract given the fact the underlying contract that is being supervised it not being... I think it would be okay to do this tonight, or you can put it on the next agenda.
President Butler: We will put it on the next agenda.
Ms. Shepler: Next agenda you will have a formal recommendation from my office to reject the one bid that was received because it far exceeded the engineer's estimate.
Councilman Testino: Do you want us to carry this until the next meeting?
Ms. Shepler: Yes, this contract was to supervise the installation of the cameras, this is the same gentleman that supervised the bid specification for the project. The only timeliness of this is that part of the funds for this is the legislative grant.
RESOLUTION AUTHORIZING THE REJECTION OF THE BID WITH REGARD TO SNOW REMOVAL
RESOLUTION #68
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 solicited bids in connection with snow removal; and
WHEREAS, a bid was received from Arbe Landscaping; and
WHEREAS, the bid proposal substantially exceeded the estimated cost of the Director of Public Works; and
WHEREAS, the Township Council wishes to reject the only bid received for the snow removal.
NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the bid received with respect to snow removal is hereby rejected.
Moved by Councilman Redmond, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
CHAPTER 159 - SPECIAL LEGISLATIVE GRANT LAURENCE HARBOR RECREATION BUILDING
RESOLUTION #69
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;
WHEREAS, said Director may also approve the insertion of an item of appropriations for an equal amount; and
WHEREAS, the Township of Old Bridge will receive $180,000.00 from the Special Legislative Grant with regards to a project to improve the Laurence Harbor Recreation Building and wishes to amend its SFY 2002 Budget to include a portion of this amount as a revenue.
NOW, THEREFORE, BE IT RESOLVES that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2002 in the total sum of $180,000.00 which is now available as a revenue from:
SPECIAL LEGISLATIVE GRANT
Laurence Harbor Recreation Building Improvement
BE IT FURTHER RESOLVED that a like sum of $180,000.00 be and the same is hereby appropriated under the caption of:
SPECIAL LEGISLATIVE GRANT
Laurence Harbor Recreation Building Improvement
BE IT FURTHER RESOLVED, that the Clerk forward three copies of this resolution to the Director of Local Government Services.
Moved by Councilman Redmond, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
CHAPTER 159 - SPECIAL LEGISLATIVE GRANT THERMAL IMAGING CAMERA-FINGERPRINTING STATION
RESOLUTION #70-02
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget;
WHEREAS, said Director may also approve the insertion of an item of appropriations for an equal amount; and
WHEREAS, the Township of Old Bridge will receive $80,000.00 from the Special Legislative Grant with regards to purchase a hand held thermal imaging camera and Sagem Moropho live-scan fingerprinting station for the police department and wishes to amend its SFY 2002 Budget to include a portion of this amount as a revenue.
NOW, THEREFORE, BE IT RESOLVES that the council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2002 in the total sum of $80,000.00 which is now available as a revenue from:
SPECIAL LEGISLATIVE GRANT
To Purchase a Hand Held Thermal Imaging Camera and Sagem Moropho Live-Scan Fingerprinting Station
BE IT FURTHER RESOLVED that a like sum of $80,000.00 be and the same is hereby appropriated under the caption of:
SPECIAL LEGISLATIVE GRANT
To Purchase a Hand Held Thermal Imaging Camera and Sagem Moropho Live-Scan Fingerprinting Station
BE IT FURTHER RESOLVED, that the Clerk forward three copies of this resolution to the Director of Local Government Services.
Moved by Councilman Redmond, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
EXTENSION OF THE GRACE PERIOD FOR THE FIRST QUARTER TAX BILLS
RESOLUTION #71-02
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, computer and printing processing have been delayed; and
WHEREAS, the mailing of the 1st and 2nd quarter 2002 property tax billing will be delayed until on or about January 25, 2002; and
WHEREAS, N.J.S.A. 54:4-66.4 requires an extension of the grace period to the twenty-fifth (25th) day following the mailing date of the tax bills.
NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the grace period payment date for the 1st quarter installment of taxes for the year 2002 is hereby set as February 19, 2002. Payments received after this date will have interest calculated retroactive to February 1, 2002.
Moved by Councilman Redmond, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
CANCELLATION OF CDBG MORTGAGE - TRACEY E. BJONNES
RESOLUTION #72-02
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, a Community Development Block Grant (CDBG) Mortgage was entered into by Tracy E. Bjonnes with the Township of Old Bridge for premises known as 60 George Avenue, Old Bridge, New Jersey; and
WHEREAS, the amount of the CDBG Mortgage is $7,090.00 and
WHEREAS, the above-named individuals have paid the outstanding amount of the mortgage and are requesting cancellation of said mortgage.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG Mortgage in the amount of $7,090.00 is hereby canceled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.
BE IT FURTHER RESOLVED that a true copy of this Resolution shall be deposited with the following Township offices: Community Development Block Grant.
Moved by Councilman Redmond, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
RESOLUTION AUTHORIZING THE YOUTH GUIDANCE TWO MILE FUN RUN - YOUNG ADULTS AGAINST VIOLENCE
RESOLUTION 73-02
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Old Bridge Youth Guidance Council wishes to conduct a two mile fun run for "Young Adults Against Violence";and
WHEREAS, any proceeds collected from the two mile run will benefit the Old Bridge Township families of victims of the September 11th tragedy; and
WHEREAS, the Youth Guidance Council wishes to have the run take place April 21, 2002 at 10:00 am; and
WHEREAS, the route for the run is as follows: Begin at the Civic Center, exit onto Cottrell Road towards Ticetown Road. Make a right turn onto Ticetown Road. Ticetown Road to the entrance to the Old Bridge High School West. Through the campus and onto Route 516. Route 516 to the finish line at the Old Bridge Township Civic Center.
NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the two mile fun run for "Young Adults Against Violence" to take place on April 21, 2002 is hereby granted.
Moved by Councilman Redmond, seconded by Councilman Maher and so ordered on the following roll call vote:
AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.
NAYS: None.
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $9,500,000.00 OF GENERAL OBLIGATION BONDS, SERIES 2002 OF THE TOWNSHIP OF OLD BRIDGE, MAKING CERTAIN COVENANTS TO MAINTAIN THE EXEMPTION OF THE OF THE INTEREST ON SAID BONDS FROM FEDERAL INCOME TAXATION AND AUTHORIZING SUCH FURTHER ACTIONS AND MAKING SUCH DETERMINATIONS AS MAY BE NECESSARY OR APPROPRIATE TO EFFECTUATE THE ISSUANCE AND SALE OF THE BONDS
RESOLUTION #74-02
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, pursuant to the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey ("Township"), has, pursuant to numerous bond ordinances, each duly and finally adopted and published in accordance with the requirements of Local Bond Law ("Bond Ordinances"), authorized the issuance of general obligation bonds or bond anticipation notes of the Township to finance the costs of the capital improvements set forth in and authorized by the Bond Ordinances, all as more particularly described in Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the Township has heretofore issued its bond anticipation notes in the amount of $7,000,000, as set forth in Exhibit "A" ("Prior Notes"), to finance a portion of the cost of the improvements authorized by the Bond Ordinances; and
WHEREAS, the Prior Notes mature on March 19, 2002; and
WHEREAS, the Township has not yet issued any of its obligations to finance the costs of certain other of the improvements authorized by Bond Ordinances set forth in Exhibit "A" (collectively, the "New Improvements"); and
WHEREAS, it is the desire of the Township to issue its general obligation bonds in the aggregate principal amount of up to $9,500,000, as further described in Exhibit "A", the proceeds of which will be used to: (I) repay a portion of the principal of the Prior Notes; and (ii) pay the costs of the New Improvements (collectively, the "Project"); and
WHEREAS, pursuant to the Local Bond Law and the Bond Ordinances, it is the intent of the Township Council hereby to authorize, approve and direct the issuance and sale of such bonds, to ratify and confirm certain actions heretofore taken by or on behalf of the Township, and to make certain related determinations and authorizations in connection with such issuance and sale.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, PURSUANT TO THE LOCAL BOND LAW, AS FOLLOWS:
Section 1. Pursuant to the Local Bond Law and the Bond Ordinances, the issuance and sale of negotiable general obligation bonds of the Township, to be designated substantially "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Bonds, Series 2002" ("Bonds"), in an aggregate principal amount of up to $9,500,000 for the Project, is hereby authorized and approved.
Section 2. The Bonds shall be dated the first day of the month in which closing occurs and shall mature on February 1 in the years and amounts set forth below:
| Year |
Amount |
Year |
Amount |
| 2003 |
450,000 |
2009 |
900,000 |
| 2004 |
450,000 |
2010 |
900,000 |
| 2005 |
600,000 |
2011 |
900,000 |
| 2006 |
800,000 |
2012 |
900,000 |
| 2007 |
900,000 |
2013 |
900,000 |
| 2008 |
900,000 |
2014 |
900,000 |
The term of the Bonds is equal to or less than the average period of usefulness of the Project being financed through the issuance of the Bonds. Interest on the Bonds shall be payable initially on August 1, 2002 and on February 1 and August 1 in each year thereafter until maturity or earlier redemption.
Section 3. The Bonds maturing on and after February 1, 2012 are subject to redemption prior to their stated maturity dates at the option of the Township, upon notice as set forth below, as a whole or in part (and, if in part, such maturity's as the Township shall determine and within any such maturity by lot) on any date on and after February 1, 2011, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed, plus accrued interest to the redemption date.
Section 4. Notice of redemption shall be given by mailing first class mail in a sealed envelope with postage pre-paid not less than thirty (30) days nor more than sixty (60) days prior to the redemption date to the owner of every Bond of which all or a portion is to be redeemed at his or her last address, if any, appearing on the registration books of the Paying Agent (hereinafter defined). So long as the Bonds are issued in book-entry-only form, all notices of redemption will be sent only to the Securities Depository (hereinafter defined) and not be sent to the beneficial owners of the Bonds. Failure of an owner of the Bonds to receive such notice or of the Securities Depository to advise any participant or any failure of a participant to notify any beneficial owner of the Bonds shall not affect the validity of any proceedings for the redemption of Bonds. Such notice shall specify: (I) the series and maturity of the Bonds to be redeemed; (ii) the redemption date and the place or places where amounts that are due and payable upon such redemption will be payable; (iii) if less than all of the Bonds are to be redeemed, the letters and numbers or other distinguishing marks of the Bonds to be redeemed; (iv) in the case of a Bond to be redeemed in part only, the portion of the principal amount thereof to be redeemed; (v) that on the redemption date there shall become due and payable with respect to each Bond or portion thereof to be redeemed the redemption price; and (vi) that from and after the redemption date interest on such Bonds or portion thereof to be redeemed shall cease to accrue and be payable.
Section 5. The Bonds will be issued in fully registered form. One certificate shall be issued for the aggregate principal amount of Bonds maturing in each year. Both the principal of and interest on the Bonds will be payable in lawful money of the United States of America. Each certificate will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository ("Securities Depository"). The certificates will be on deposit with DTC. DTC will be responsible for maintaining a book-entry system for recording the interests of its participants or the transfers of the interests among its participants. The participants will be responsible for maintaining records recording the beneficial ownership interests in the Bonds on behalf of individual purchasers. Individual purchases may be made in the principal amount of $5,000 through book-entries made on the books and the records of DTC and its participants. The principal of and interest on the Bonds will be paid to DTC by the Paying Agent on the respective maturity dates and due dates and will be credited on the respective maturity dates and due dates to the participants of DTC as listed on the records of DTC as of each next preceding January 15 and July 15 ("Record Dates" for the Bonds). The Bonds will be executed on behalf of the Township by the manual or facsimile signatures of the Mayor and Chief Financial Officer, attested by the Township Clerk or the Deputy Township Clerk (such execution shall constitute conclusive approval by the Township of the form of the Bonds), and shall bear the affixed, imprinted or reproduced seal of the Township thereon. The Bonds shall not be valid or obligatory for any purpose unless the Authentication Certification printed thereon shall be duly executed by an authorized officer of the Paying Agent.
Section 6. The Township is hereby authorized to make representations and warranties, to enter into agreements and to make all arrangements with DTC, as may be necessary in order to provide that the Bonds will be eligible for deposit with DTC and to satisfy any obligation undertaken in connection therewith.
Section 7. In the event that DTC may determine to discontinue providing its service with respect to the Bonds or is removed by the Township and if no successor Securities Depository is appointed, the Bonds which were previously issued in book-entry form shall be converted to Registered Bonds in denominations of $5,000, or any integral multiple thereof ("Registered Bonds"). The beneficial owner under the book-entry system, upon registration of the Bonds held in beneficial owner's name, will become the registered owner of the Registered Bonds. The Township shall be obligated to provide for the execution and delivery of the Registered Bonds in certified form.
Section 8. The appointment of Amboy National Bank, Old Bridge, New Jersey, as paying agent ("Paying Agent") for the Bonds, is hereby authorized, approved, ratified and confirmed. The Chief Financial Officer is hereby authorized to enter into an agreement with the Paying Agent for the services to be provided.
Section 9. The preparation of a preliminary official statement ("Preliminary Official Statement") relating to the Bonds, and the distribution of said Preliminary Official Statement to prospective purchasers of the Bonds and others having an interest therein, are hereby authorized and directed. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to deem the Preliminary Official Statement "final", as contemplated by paragraph (b)(1) of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ("Rule 15c2-12").
Section 10. Pursuant to Section 34 of the Local Bond Law, N.J.S.A. 40A:2-34, the Chief Financial Officer is hereby authorized and directed to sell and award the Bonds at a public sale. The sale of the Bonds shall be in accordance with the provisions of Sections 27, 30 and 32 of the Local Bond Law, N.J.S.A. 40A:2-27, 30 and 32, and the advertised terms of such public sale. The Chief Financial Officer is hereby authorized and directed to cause a summary notice of sale and a notice of sale of the Bonds to be prepared and published in accordance with Sections 30 and 31 of the Local Bond Law, N.J.S.A. 40A:2-30 and 31. At the next meeting of the Township Council after the sale and award of the Bonds, the Chief Financial Officer shall report, in writing, to the Township Council the principal amount, the rate or rates of interest, the maturity dates, the dates upon which interest on the Bonds shall be paid, the price and the purchaser or purchasers of the Bonds.
Section 11. The preparation of a final official statement ("Official Statement") with respect to the Bonds is hereby authorized and directed. Within seven (7) business days of the sale of the Bonds and in sufficient time to accompany any confirmation that requests payment from a customer, the Township will deliver sufficient copies of the Official Statement to the purchaser of the Bonds in order for the same to comply with Paragraph (b)(4) of Rule 15c2-12. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to execute the Official Statement, and the distribution thereof to purchasers and others is hereby authorized and directed. The execution of the final Official Statement by the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk shall constitute conclusive evidence of approval by the Township of the changes therein from the Preliminary Official Statement. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to approve any amendments of or supplements to the Official Statement.
Section 12. The Bonds shall be general obligations of the Township. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the Bonds 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 13. In order to assist the underwriters of the Bonds in complying with the secondary market disclosure requirements of Rule 15c2-12, the Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to execute on behalf of the Township before the issuance of the Bonds an agreement with the Paying Agent, as dissemination agent, providing for the preparation and filing of the necessary reports in accordance with Rule 15c2-12.
Section 14. The Township hereby covenants that it will not make any use of the proceeds of the Bonds or do or suffer any other action that would cause: (I) the Bonds to be "arbitrage bonds" as such term is defined in Section 148(a) of the Internal Revenue Code of 1986, as amended ("Code") and the Income Tax Regulations promulgated thereunder; (ii) the interest on the Bonds to be included in the gross income of the owners thereof for federal income taxation purposes; or (iii) the interest on the Bonds to be treated as an item of tax preference under Section 57(a)(5) of the Code.
Section 15. The Township hereby covenants as follows: (I) it shall timely file such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (ii) it shall take no action that would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 16. To the extent not otherwise exempt, the Township hereby covenants that it shall make, or cause to be made, the rebate required by Section 148(f) of the Code in the manner described in Treasury Regulation Sections 1.148-1 through 1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(g)-1, 1.150-1 and 1.150-2, as such regulations and statutory provisions may be modified insofar as they apply to the Bonds.
Section 17. The Township hereby designates the Bonds as "qualified tax-exempt obligations" as defined in and for the purposes of Section 265(b)(3) of the Code. For purposes of this designation, the Township hereby represents that: (I) during the period from January 1, 2002 through and including the date hereof, the Township has not issued tax-exempt obligations in an amount which, when added to the aggregate principal amount of the Bonds, exceeds $10,000,000; (ii) during the period from January 1, 2002 through and including the date hereof, the Township has not designated as "qualified tax-exempt obligations" bonds or other tax-exempt obligations in an amount which, when added to the aggregate principal amount of the Bonds, exceeds $10,000,000; and (iii) it reasonably anticipates that the amount of tax-exempt obligations to be issued by the Township during the period from January 1, 2002 to December 31, 2002, and the amount of obligations designated as "qualified tax-exempt obligations" by it, will not exceed $10,000,000 when added to the aggregate principal amount of the Bonds.
For purposes of this Section 17, the following obligations are not taken into account in determining the aggregate principal amount of tax-exempt obligations issued by the Borough: (I) a private activity bond as defined in Section 141 of the Code (other than a qualified 501(c)(3) bond, as defined in Section 145 of the Code); and (ii) any obligation issued to refund any other tax-exempt obligation (other than to advance refund within the meaning of Section 149(d)(5) of the Code) as provided in Section 265(b)(3)(c) of the Code.
Section 18. Applications to Moody's Investors Service and Fitch Investors Service, L.P. for a rating of the Bonds, and the furnishing of certain information concerning the Township and the Bonds, for the purpose of qualifying the Bonds for municipal bond insurance, are hereby authorized, ratified, confirmed and approved.
Section 19. All actions heretofore taken
and documents prepared or executed by or on behalf of the Township by the Mayor, Chief Financial Officer, Township Clerk, Deputy Township Clerk, other Township officials or by the Township's professional advisors, in connection with the issuance and sale of the Bonds are hereby ratified, confirmed, approved and adopted.
Section 20. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to determine all matters and execute all documents and instruments in connection with the Bonds not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinances, or by this or any subsequent resolution, and the signatures of the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk on such documents or instruments shall be conclusive as to such determinations.
Section 21. All other resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.
Section 22. This resolution shall take effect immediately upon adoption this 28th day of January, 2002.
Exhibit "A"
TOWNSHIP OF OLD BRIDGE
| Ordinance No. |
Purpose |
Bonds/Notes Authorized |
Notes Outstanding |
Bonds to be Issued |
| 19-90 |
General Improvements |
$2,204,000 |
$100,000 |
$110,000 |
| 18-95 |
Topographical Maps |
399,000 |
50,000 |
50,000 |
| 19-95 |
Improvements to Municipal Building |
427,000 |
125,000 |
135,000 |
| 21-95 |
Acquisition of Data Processing Equipment |
194,000 |
44,000 |
44,000 |
| 23-95 |
Various Road Improvements |
864,000 |
50,000 |
60,000 |
| 8-96 |
Acquisition of Various Equipment |
104,000 |
40,000 |
44,000 |
| 10-96 |
Acquisition of Engineering Equipment |
85,000 |
75,000 |
75,000 |
| 13-96 |
Municipal Complex, Veterans Park |
100,000 |
50,000 |
50,000 |
| 11-97 |
Drainage Improvements |
200,000 |
100,000 |
175,000 |
| 13-97 |
Municipal Complex Improvements |
380,000 |
250,000 |
300,000 |
| 27-98 |
Municipal Complex Improvements |
99,000 |
50,000 |
60,000 |
| 28-98 |
Improvements to Civic Center |
285,000 |
275,000 |
275,000 |
| 29-98 |
Traffic Signals |
617,000 |
550,000 |
560,000 |
| 30-98 |
Drainage Improvements |
807,000 |
450,000 |
450,000 |
| 79-98 |
Acquisition of Land for Traffic Lights - R 516 |
114,000 |
100,000 |
100,000 |
| 5-99 |
Construction of Water and Sewer |
190,000 |
90,000 |
90,000 |
| 9-99 |
Various Equipment Purchases |
313,500 |
75,000 |
85,000 |
| 10-99 |
Various Public Works Improvements |
1,159,000 |
475,000 |
475,000 |
| 11-99 |
Various Drainage Improvements |
410,000 |
400,000 |
400,000 |
| 12-99 |
Throckmorton Lane Improvements |
199,000 |
125,000 |
0 |
| 13-99 as amended |
Recreational Facilities Improvements |
284,500 |
200,000 |
200,000 |
| 14-99 |
Municipal Complex Improvements |
363,500 |
300,000 |
300,000 |
| 15-99 |
Various Improvements |
124,000 |
100,000 |
100,000 |
| 16-99 |
Various Computers and Equipment |
212,600 |
150,000 |
150,000 |
| 13-00 |
Various Recreation Improvements |
578,000 |
400,000 |
400,000 |
| 15-00 |
Various Road Improvements |
1,333,500 |
1,000,000 |
1,300,000 |
| 16-00 |
Acquisition of Vehicles |
228,000 |
150,000 |
200,000 |
| 17-00 |
Various Capital Improvements |
797,050 |
300,000 |
748,500 |
| 25-00 |
Sidewalk Replacement |
95,000 |
95,000 |
0 |
| 35-00 |
Global Landfill |
831,250 |
831,000 |
0 |
| 20-01 |
Various Road Improvements |
2,157,450 |
0 |
2,036,000 |
| 21-01 |
Various Drainage Improvements |
161,500 |
0 |
100,000 |
| |