Combined meeting of the Township Council of the Township of Old Bridge was held on April 22, 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 7:35 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Greene, Maher, Councilwoman Panos, Redmond, President Butler. Councilmen Calogera, Testino and Hoff arrived late.

BILL LIST

RESOLUTION #198-02

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 April 22 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 April 22, 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 $4,052,595.97(General Fund).

Moved by Councilman Baker, seconded by Councilman Maher and so ordered on the following roll call vote:

AYES: Councilmen Baker, Greene, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilmen Calogera, Hoff, Testino.

BILL LIST

RESOLUTION #199-02

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 April 22 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 April 22, 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 $450.00(Office on Aging).

Moved by Councilman Baker, seconded by Councilman Maher and so ordered on the following roll call vote:

AYES: Councilmen Baker, Greene, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilmen Calogera, Hoff, Testino.

Prior to the vote the following discussion took place

Councilman Redmond: What is this for?

Mr. Shah: It is for a trip for the Office on Aging and it was submitted late.

BILL LIST

RESOLUTION #200-02

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 April 22 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 April 22, 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 $689,320.49(Payroll).

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

AYES: Councilmen Baker, Greene, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilmen Calogera, Hoff, Testino.

BILL LIST

RESOLUTION #201-02 DENIED

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 April 22, 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 April 22, 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 $34,516.71(Overtime).

Moved by Councilman Baker, seconded by Councilman Redmond and so DENIED on the following roll call vote:

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilmen Greene, Maher, Councilwoman Panos.

ABSENT: Councilmen Calogera, Hoff, Testino.

Prior to the vote the following discussion took place

Councilman Maher: Why is there $1,300.00 in the arena utility?

Mr. Shah: I think that it may be for closing the ice arena for the season.

REPORT OF THE CLERK

Deputy Clerk Ward: The township will be holding a free rabies clinic on Saturday, April 27, 2002. Dogs will be done from 9:00 to noon and cats from noon to 1:00.

Councilman Redmond: Can you obtain the license on the day of the clinic?

Deputy Clerk Ward: No, they can obtain an application and mail it to the clerk's office.

MOTION

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

AYES: Councilmen Baker, Calogera, Greene, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilmen Hoff, Testino

REPORT OF THE ATTORNEY

Hovnanian Case - Mediation by Judge Cohen to a successful conclusion.

Attorney Ruggierio: I expect to have a written document to put before the council by the next meeting.

Conde vs Old Bridge - Case argued on 4/16/02 before Appellate Division in Newark. Decision to be received in 30 days.

Woodland Trails condemnation hearing postponed. New dates May 21, 29 and 30, 2002.

Substantial ongoing discovery in Oakwood sump pump case.

Attorney Ruggierio: This deals with installing under drains in the Oakwood development. These are the only items that are not going to be installed by Hovnanian in the settlement, so we have to pursue Kaplan, Kalian and their bonding companies for those items.

Councilman Redmond: Where are we with the progress of the vacation of paper roads in the O&Y property?

Attorney Ruggierio: I sent a note to the County Counsel indicating that our engineer advised that there are other roads that should be vacated. I asked them both to consult with each other and haven't heard back yet.

Councilman Hoff: I object to the condemnation of Cedar Ridge, is there any way we can back out?

Attorney Ruggierio: No.

Councilman Hoff: Can we take a loss and back out?

Attorney Ruggierio: Do you want us to pay more that what fair market value is?

Councilman Hoff: Can we back out and pay a penalty?

Attorney Ruggierio: No, we filed a declaration of taking and we own the property, now it is just a question of what we pay for it.

Councilman Hoff: Un-intelligible.

Attorney Ruggierio: Three commissioners will determine fair market value.

MOTION

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Testino.

Preliminary Public Comments

James Galante: I would urge the council to appoint a member to the Zoning Board tonight. We have been short members for three or four months. We have a large application coming up and it is only fair that we have a full board.

President Butler: Have you not a quorum?

James Galante: We have but the applicants would like to have a full board, they deserve the vote of a full board.

John DiPalma: You are renaming the soccer field on Higgins Road for Chuck Costello who was lost on 911. There is another coach who also lost his life in the World Trade Center; Mr. Mark Shulman. Mark worked on the 100^th floor, and coached the road runners. Both Mr. Shulman and Mr. Costello are sorely missed. We would like to put a flagpole with plagues at the soccer field in memory of these two coaches. We would like to thank the council, mayor and Tom Badcock who have done so much for Old Bridge Girls' Soccer.

Monte Seewald: I walked past the Glenn School on Cindy Street and it was empty of children, yet the air conditioning was running. Why? The School Board will come before you now that the budget was defeated, I think that is an area that you can cut and you can ask them why administrators buildings have air conditioning and the schools that children are in don't. The Board of Education claims that there is over crowding, ask them why Glenn school is empty of school children. I will be willing to give you further cuts when the board comes before you.

President Butler: We will look forward to it.

Seeing no hands President Butler closed the public portion.

GUESTS

Student Government Day (BC)

At this point in the meeting Brianna Martinez,(Mayor) Michele Sarengeto,(Director of Office on Aging),Lori Dusko, (Director of Parks and Recreation), Avik (Director of Finance) students of Old Bridge High School conducted the meeting. Each student related their activities of the day and stated an interest in returning to government. Students that could not make the council meeting but participated in Student Government Day were: Victor Shu,(Engineer); Mary Calamutsu (Library Director); Laura Durshel (Tax Assessor); David Sales (Director of MIS); Claudia Gray (Department of Police); Devon Rafferty (Construction Official); Vincent Dubois (Director of Public Works.

Mayor Cannon: I want to thank my staff for serving as mentors and also the students from whom I learned a lot.

PROCLAMATION

National Organ & Tissue Donor Awareness Week (April 21-27, 2002) (BC)

Mayor Cannon presents the following Proclamation to Jareed Patel who received a transplant 28 years ago.

Whereas, Realizing the urgent need for donors around the country, the National Organ and Tissue Awareness week observance was established by Congress in 1985 to promote a greater understanding about the life-saving benefits of donation. Moreover, the need is increasing. The New Jersey Organ and Tissue Sharing Network (The Sharing Network) is committed to addressing that need through enhanced awareness; and

Whereas, The transplantation of organs and tissues is a miracle of modern medicine made possible through the compassion of organ and tissue donors, enabling surgeons to save thousands of lives every year. Donors not only give the gift of life but also often restore health and sight to recipients of the tissue and organs. People of all ages, ethnic backgrounds and religions are affected by the need for organ transplants and by the serious shortage of organ donors that exists. Currently, there are nearly 2,300 New Jerseyans and 79,000 Americans awaiting lifesaving and life-enhancing transplant operations. In 2001, the Sharing Network saved the lives of 527 through organ and tissue donation and transplantation; and

Whereas, Every capable person should sign a donor card and support this vital effort by learning more about donating tissue and organs, filling out Donor Registry Cards, making their families aware of their wishes and be willing to give the precious gift of health, sight, and life to people in need; and

Whereas, As Mayor of Old Bridge, I recognize National Organ and Tissue Donor Awareness Week as a great opportunity to join in the fight to save lives by giving the greatest gift.

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge, Middlesex County, New Jersey, do hereby proclaim April 21 to 27, 2002 as National Organ and Tissue Donor Awareness Week in Old Bridge Township and I urge all residents to join me in promoting organ and tissue donor education through the National Organ and Tissue Donor Awareness Week observance.

National Volunteer Week (BC)

Mayor Cannon reads the following proclamation

Whereas, Old Bridge is a township with a rich tradition of volunteerism; and

Whereas, the commitment to excellence in community service and the diversity of volunteer programs unite us all through a common goal; enhancing the quality of life; and

Whereas, the spirit of volunteerism brings new hope to those in need and to the future of the Old Bridge community; and

Whereas, there are new challenges to meet and new opportunities to make a lasting difference through the dedication of volunteers; and

Whereas, through the efforts of our volunteer force, all Old Bridge citizens are enriched; and

Whereas, Old Bridge recognizes the enormous contribution volunteers make and honors each individual for their personal devotion to volunteerism;

Now, Therefore, I, Mayor Barbara L. Cannon, Old Bridge Township, Middlesex County, New Jersey, do hereby proclaim the week of April 21 to April 27, 2002 National Volunteer Week

In Old Bridge and acknowledge the contributions volunteers make through their dedication and commitment to improving the quality of life in the Township of Old Bridge.

PROCLAMATION

Kevin Wyer of Friendly Sons of Shillelagh

Councilman Baker: The first general meeting of the "Order of the Friendly Sons of the Shillelagh" was held at the Turf Club on Route 9 in January 1964 with Jack Dunphy and Harry Knox. It soon moved to O'Hara's then to the American Legion Home in Old Bridge, then to the Knights of Columbus on Pine Street. On the 30^th of September in 1966 the club purchased 5 and 4/10 acres of land on Oak Street to build what would be become the Miracle on Oak Street. Loans to each member of the club in the amount of $150.00 were made and the project was off the ground and flying. On December 19, 1966 a resolution was introduced and seconded authorizing the Friendly Sons to go ahead with construction. As each day passed the construction continued until finally the "Miracle on Oak Street" was completed. It is a tribute to a noble group of Irishmen who believed enough in themselves and in their fellow Irishmen to undertake and accomplish this dream. We have one such Irishmen, the president of the Friendly Sons, Steve Hansult.

Mr. Steve Hansult: I have know Kevin for a long time, he is a good man. He will do anything that is necessary and doesn't look for anything in return. He is a member of the Friendly Sons and is on the executive board. He is building dugouts for the baseball fields and the footballs fields for the rebels.

Councilmen Maher, Redmond and Greene read the following proclamation to Mr. Kevin Wyer:

Proclamation for Kevin Wyer

For his endless effort in coordinating and building the new Picnic Pavilion at the Friendly Sons of the Shillelagh dedicated to Chuck Costello

The Old Bridge Township Council, Council President, Reginald Butler, Councilman William Baker, Councilman G. Kevin Calogera, Councilman Richard Greene, Councilman Joseph Hoff, Councilman Dennis Maher, Councilwoman Lucille Panos, Councilman Lawrence Redmond, Councilman Edward Testino.

Proclamation

Kerry Frew of Cheesequake Baseball/Softball

Councilman Baker: Mr. Frew has created a dream park right here in Old Bridge. Mr. Frew became the field director 5 years ago, there were no softball field, no clinic fields and no major league field, no picnic grove or sprinkler system. Because of Mr. Frew's leadership and dedication we now have these things. These parks are now know as Cheesequake Dream Park.

President Butler and Thomas Badcock; Recreation Director read the following proclamation to Mr. Frew:

PROCLAMATION Kerry Frew

For his tireless effort and dedication to the Cheesequake Baseball & Softball

And, specifically for:

The building of a new soccer field; new clinic field; new softball field; new major field; new dugouts, the adding of a new sprinkler system and a new picnic grove.

The Old Bridge Township Council

Council President, Reginald Butler
Councilman William Baker, Councilman G. Kevin Calogera, Councilman Richard Greene,
Councilman Joseph Hoff, Councilman Dennis Maher, Councilwoman Lucille Panos,
Councilman Lawrence Redmond, Councilman Edward Testino.

Councilman Baker: We also have to thank the Brunetti Organization because we play on his land.

RESOLUTION TO RE - NAME THE HIGGIN'S ROAD SOCCER FIELD "THE CHUCK COSTELLO SOCCER FIELD" FOR HIS ACTIONS ON 9-11

RESOLUTION #202-02

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

WHEREAS, Chuck Costello, a long time Old Bridge Township resident gave his life on September 11, 2001; and

WHEREAS, Chuck Costello was an elevator technician working a few blocks from the World Trade Center on 9-11; and

WHEREAS, Chuck Costello entered Tower One (the North Tower) after it was attacked to assist in evacuation of persons trapped and injured; and

WHEREAS, Chuck Costello again selflessly entered Tower Two (the South Tower) after it was attacked to assist in evacuation of persons trapped and injured; and

WHEREAS, Chuck Costello gave his life on September 11, 2001 leaving behind a wife and four children; and

WHEREAS, Chuck Costello donated countless hours as a soccer coach for the children at the soccer field; and

WHEREAS, the Town Council of the Township of Old Bridge wishes to recognize the courageous act of bravery of Chuck Costello by re-naming the Higgins Road Soccer Field to "The Chuck Costello Soccer Field".

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Higgins Road Soccer Field be re-named to "The Chuck Costello Soccer Field.

Moved by Councilman Testino, 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.

Prior to the vote the following discussion took place

Councilman Baker: It is my honor to rename Field number 1 the Chuck Costello Soccer Field for his actions on 9-11-01. I would like Steven Hansel to tell us a little something about Chuck.

Mr. Hansult: I have known Chuck my entire life. He was a loving and devoted man to his family. I have never known anyone better. I was proud to have him as my best man and godfather of my son. We have a monument in the front of the Friendly Sons that Chuck was helping me with. On the evening of September 10^th Chuck told me he would be back at 8:30 the next day to finish the lighting. There were so many things that Chuck was involved in; he would sing at Mass, he taught CCD. If you were unable to get to Mass, he would be the first to give you a ride. He would bring you food. When he was in the Navy, instead of "painting the town red" he helped rebuild a school that was damaged by fire. He was always giving and never asked for anything in return. I wasn't surprised at all when I learned that he went into the North Tower, but also he went into the South Tower because there we people who needed his help. This is a very fitting tribute to Chuck, he told me on more than one occasion that he loved coaching soccer, he loved working with the kids, he always told me that when he started his day with the kids, he was happy all day long.

Councilman Calogera: Chuck chose to go into those buildings and I think that he is a role model for all of us, I know that he will be sorely missed.

At this point in the meeting John Piovesan, Steve Hansult, John DiPalma along with Thomas Badcock and Councilman Kevin Calogera presented the resolution to Mrs. Chuck Costello.

AWARD PRESENTATION

Richard Zipp - for his years of volunteer service the Township of Old Bridge. (BC)

Mayor Cannon: Mr. Zipp could not be here tonight because he is having a grandchild. I will ask him back for the next regular meeting.

Council Comments

Councilwoman Panos: Yesterday the children from the Old Bridge Youth Guidance Counsel had a fun run for the victims of September 11^th. The children of Old Bridge raised $2,135.00. I would like to acknowledge them tonight.

HEARINGS

Release/Reduction Performance Guarantee - Plato's Inc., d/b/a/ Bridgeway Diner Block 11506 Lot .11 (ATTORNEY REQUESTS POSTPONEMENT)Suggested New Date: Monday, August 12, 2002 at 7:30 P.M.

No discussion.

Release/Reduction Performance Guarantee - Wawa Store #934 (Route #34 & Steamboat Landing Road)

Mr. Vincenti: All the improvements are installed to our satisfaction, currently the developer has a performance bond on file of $730,674.81 plus a 10% cash deposit of $81,186.09. We are recommending a release of the performance bond, subject to posting a maintenance bond in the amount of 15%.

Councilman Hoff: A portion of Dock Road was shifted to align with Cottrell that has not been vacated by the township. What is the size of the portion and has it been re-zoned?

Mr. Vincenti: To my knowledge there was no rezoning of this area. There were a number of land transactions that were proposed, there were three parcels of land that were owned by the Wawa and because of the shifting roadway, they became useless land. As a part of the site plan approval, those three portions of land were annexed to adjoining property owners. We now have what remains of Steamboat Landing, that right of way has not yet been vacated by the town council. The council as a separate matter, should consider that. This is an outstanding housekeeping item.

Councilman Hoff: We do have real property there that is located in there and I would like to know how it is.

Mr. Vincenti: I will get the maps to you.

Councilman Hoff: There is a merger lane onto Route 34 from Cottrell Road and before the Wawa was built it seemed like you would gently melt into traffic, now is seems to be shorter. Could you check this out?

Mr. Vincenti: The only thing that I can say is that it was done in accordance with a set of plans approved by the DOT. I will look at it for you.

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

MOTION

to release the performance bond, subject to posting a maintenance bond in the amount of 15%, 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.

CDBG Annual Action Plan FY 2002 (Michael Ruffley & Linda Wills of Cherrywood, New Jersey Housing Consultant)

Mr. Ruffley: Pursuant to the requirements of Code of Federal Regulations 91.105 (b) (1), the Township of Old Bridge anticipated receipt of approximately $360,000.00 in Community Development Block Grant Funds from the US Department of Housing and Urban Development for the forthcoming program year. The Township will have approximately $40,000.00 program income to be allocated to eligible community developments projects. At a minimum, all projects must meet one or more of the following three national objectives: Aid in prevention or elimination of slums and blight, and meet other community development needs posing a serious and immediate threat to the community health and welfare. The following general activities are eligible for CDBG funding: housing repair and rehabilitation, including energy conservation, street and utility improvements and parking, drainage, sewer, water, fire, police and solid waste improvements, acquisition of land and building for housing and parks, community facilities and other projects, construction and/or rehabilitation of buildings for community and senior centers and for residential treatment facilities or shelters, public services such as shared housing, day care programs, services for the disabled and other programs and services for populations in need, preservation and rehabilitation of historic structures, accessibility projects for the disabled, economic development activities, general planning activities. CDBG funds cannot be used for general government operating and maintenance expenses, purchase of equipment, new housing construction, income payments, or political activities. The preliminary draft allocation for projects for the fiscal year 2002 are as follows: public services which is capped at 15% of our total income which is $400,000.00; daycare $40,300.00, frail and elderly program $14,700.00, housing coalition $3,000.00; food bank $2,000.00. That amounts to $60,000.00 for public services. Housing rehabilitation $100,000.00; public facility improvements, Cheesequake Village dam flood and drainage improvements. Program administration, salary $75,000.00 for a full timer and two part timers. Program miscellaneous $5,000.00 for a total 0f $80,000.00.

Councilman Redmond: The plan is very informative and I would like to commend Mr. Ruffley for that.

MOTION

by Councilman Redmond to approve the report of CDBG, seconded by Councilman Hoff and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT PODIUM: Councilman Greene.

Ordinance for First Reading

ORDINANCE FIXING COMPENSATION OF DEPARTMENT HEADS AND THE TAX ASSESSOR EFFECTIVE JULY 1, 2001

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

1. Compensation for Department Heads shall be fixed as follows (base salary subject to longevity):

Director of Department of Administration

......................................................................................$99,785.00
Retroactive to July 1, 2001; See Note 1

Director of Department of Finance

......................................................................................$93,796.00
Retroactive to July 1, 2001; See Note 2

Director of Department of Law

......................................................................................$90,408.00
Retroactive to July 1, 2001;

Director of Public Works

......................................................................................$91,919.00
Retroactive to July 1, 2001; See Note 3

Director of Public Safety

......................................................................................$0.00
See Note 1

Director of Parks, Recreation & Social Services

......................................................................................$85,243.00

Retroactive to July 1, 2001; The Director of Parks, Recreation and Social Services shall also receive and $8,000.00 stipend as additional compensation See Notes 4 and 6

2. Additional compensation for Department Heads shall be as follows:

All health, prescription, vision, long-term disability insurances and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.

BE IT FURTHER ORDAINED that the Township Tax Assessor's salary, wages and compensation are fixed to be $79,132 retroactive to July 1, 2001. The Tax Assessor shall also receive a $5,000.00 stipend (See Note 5 and Note 6) Additional compensation for the Tax Assessor shall be as follows: All health, prescription, vision, long-term disability insurances and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.

*Note 1. The current incumbent in this position holds the position of Director of Police. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Business Administrator shall be paid only for one position or the other, but not both.

*Note 2. The current incumbent in this position also holds the office of Chief Financial Officer. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Finance may be paid only for one position or the other, but not both.

*Note 3. The current incumbent in this position also holds the office of Public Works Supervisor. This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Public Works may be paid only for one position or the other, but not both.

*Note 4. The incumbent in this office shall perform additional duties as follows:

(A) Assume a lead administrative role in all Township-Employee labor contract negotiations;

(B) Administer special projects as assigned by the Mayor and Business Administrator; and

(C) Serve as replacement for Business Administrator in her/his absence.

In 1998, the Director of Parks, Recreation & Social Services was given a stipend of $8,000.00 to compensate for such additional work. The $8,000.00 stipend for the aforesaid temporary duties may be withdrawn at the direction of the Mayor. Longevity shall not be payable with respect to $8,000.00 stipend.

*Note 5. In 1999, the Tax Assessor was given a $5,000.00 stipend in specific consideration of the Tax Assessor's assignments outside his role as Tax Assessor, to wit: to assist the Mayor and Council in evaluating and analyzing real estate valuation issues in connection with Township acquisitions of property rights. Except as provided herein, the Tax Assessor may not be paid for additional positions within the Township government. Longevity shall not be payable with respect to the $5,000.00 stipend amount.

*Note 6 The stipends for the Recreation Director and Tax Assessor shall continue only so long as the same are authorized by the Mayor and are also authorized by Ordinances of the Township Council.

Moved by Councilman Butler, seconded by 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: Councilman Hoff.

Ordinance for Second Reading

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE #19-02

BOND ORDINANCE AUTHORIZING VARIOUS CAPITAL IMPROVEMENTS TO THE MUNICIPAL COMPLEX FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $400,500 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 $380,000; 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 $400,500;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $380,000; and

(c) a down payment in the amount of $20,500 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.

Section 3. The sum of $380,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $20,500, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $380,000 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 $380,000 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 $21,500.

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 of 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:

Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 11.897 years.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $380,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 11. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 12. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 13. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by this Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

Moved by Councilman Maher, 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.

Discussion Ordinance

DO-1 Ordinance accepting streets in Yardley Manor as township property. (Yardley Manor Dr., Edinburg Circle, Reddington Dr., Hauser Lane., Chatham Court, Kirschman Dr., Bedford Dr., Dunstable Court, Winifred Court, Dorchester Court, Winchester Court., and Danbury Court.) (AS)

Councilman Redmond: We released the performance bond on this, do we have a maintenance bond?

Mr. Vincenti: Yes.

Councilman Calogera: Was this part of a homeowners association and were there any tax abatements given?

Mr. Vincenti: It was always understood that the streets would be dedicated public streets.

Councilman Calogera: Are taxes in that development being paid at a regular rate?

Mayor Cannon: Yes.

President Butler: Okay, we will move this up.

DO-2 Bond Ordinance - Golf Course Facility Development to include preliminary studies and consultant fees. (BC)

Councilman Hoff: Isn't the golf study under a separate committee?

Mayor Cannon: It was agreed at the last meeting that $100,000.00 would be allocated for the professionals necessary to assist the golf committee.

Councilman Testino: I was told it was only $30,000.00.

Councilman Hoff: I want to leave discussion and actions to the golf committee.

Mayor Cannon: The golf committee has no money right now, how are they going to move along?

Councilman Hoff: If you have money, they have money.

Mayor Cannon: Where, I have no money.

Councilman Testino: Tom told me it was $30,000.00 for the professional.

Mr. Badcock: I have a proposal from one professional from a year and a half ago. The first phase was around $35,000.00.

Councilman Hoff: Barbara, how do you have money and the council doesn't?

Mayor Cannon: I said I don't have money, you have to bond for the money.

Councilman Testino: Why do we need $100,000.00 if the first phase is what is needed to help the golf committee?

Mr. Badcock: Why do you need $300,000.00 for a community center?

Councilman Testino: You are not being constructive here if you go into the other thing.

Mr. Badcock: Just like the community center, we don't know how much we will need. I don't know how much it is going to be.

Councilman Testino: When we spoke 2 weeks ago, you told me $30,000.00.

Mr. Badcock: I said the first phase was $30,000.00. The whole thing is about $80,000.00. Last week the council said $100,000.00

Councilman Testino: I don't know who gave you that number.

Councilman Greene: I did.

President Butler: Mr. Greene asked for $100,000.00 last week.

Councilman Greene: There was $600,000.00 in the recommendation from the Mayor and Tom Badcock and this council decided to just wipe it out and put in zero. I thought that was a disgrace, we talked about this at the last meeting and I put a motion to put $100,000.00 to support the golf course and the council told me to wait until this meeting so as not to interrupt the bonding for the other projects. I am doing just that and recommending $100,000.00 be appropriated in bonding for the golf course to show this council's commitment that we are going to move forward.

Councilman Testino: I have no problem moving along, but I want to see more delineation on what professionals the $100,000.00 will go to, since Tom, specifically told me it was going to be $30,000.00. I will move it up for first reading.

Mr. Badcock: The $600,000.00 put in was for a consultant to show us which of the three options and also if we choose to build it ourselves, it would be to hire a golf course architect after much delineation. The $100,000.00 will cover whatever the fee is and as I said I have one proposal that is two years old and it is for $85,000.00. It is divided up into phases, which goes from telling us which of the three options is best for us, right on through the construction and monitoring the course for two years after, so it is a total comprehensive proposal, we may not want all of it. This is only one professional and I would like to do an RFP and get a few others.

Councilman Testino: I would like to go forward on this bonding, but I would also like to have the golf committee meet and decide where they are going with how many RFP they want to go forward on.

Councilman Redmond: I have no problem putting the money in there. So are we not going to go with the professional we have and you are going to put out RFP's.

Mr. Badcock: I will put out RFP's because I know you are more comfortable with that, I am comfortable with this guy because he is nationally renown. It will be a professional service contract, so you don't have to choose anyone.

Councilman Redmond: I have no problem with moving this up.

Councilman Greene: If the council approves this motion of mine to put in $100,000.00 it does not mean that we are going to go issue debt in that amount, it just means that we have the ability to use up to that amount. I feel that it is a commitment that we should be making. This project has been worked on for a number of years, I don't think that this has to be studied and studied in a committee.

Councilman Testino: Rich, you have consensus, you should call for the vote.

Councilman Calogera: I would like to know as a business, how we are going to make out. I thought the reason for the golf committee was to search out private companies which would be willing to make this investment, not only in the layout, but also the infrastructure, so they would use their money. I think that the committee is a good idea.

Mayor Cannon: I thought that concept of the committee was to get advice and recommendations as to which of the three options would be beneficial to Old Bridge. In evaluating these options, one is the one Mr. Calogera mentioned. I think that we need to look at all three options, not just pick one to research one. I think that is the purpose of having a consultant who would give you some of the base information.

Councilman Calogera: Will this consultant give the committee information of companies to go to who might provide this service?

Mr. Badcock: If that is his recommendation.

Councilman Calogera: If they can't tap this consultant for the information they need, what good is the consultant?

Mayor Cannon: You put that in the RFP that he has the ability to look at private companies that provide this type of service.

Mr. Badcock: There are two reports from KPMG and McLaughlin Group that list three options and I am not going to tell you which one is best for us and I don't think that anyone here is qualified to make that decision. That is the reason that you hire a consultant so all the points are considered so that you can make a comprehensive decision.

Councilman Testino: I don't want to see any RFP's issued before the golf committee meets and decides which direction they want to take. There seems to be a preference by Tom on which consultant to choose and I think that you are jumping the gun on the committee. We are putting the money in to do for professional advice. We should be involved in the process.

Mr. Shah: It will take about 45 days before this ordinance is in place and I hope that we will have a meeting of the golf committee so that this issue can be discussed.

Councilwoman Panos: What is the problem with putting the money aside? We made a commitment four years ago, people on the recreation committee spent years on this and this is a stalling tactic. We need a committee to study the study of the first study. Mr. Greene practically begged to get on the committee and wasn't selected. I have no idea what is going on here, but can we just move on, there is a motion on the table and a second.

DO-3 Bond Ordinance - Improvements to Veteran's Park - Renovations and additions to playground area. Structural/electrical improvements to buildings and site amenity improvements. (BC)

Councilman Redmond: What needs to be done there?

Mr. Badcock: There will be enough to add what Mrs. Panos asked for which is in addition to the playground area, safety surfacing, swing sets, some additions to the building, for outside lighting. There will be a number of items that we can do with the $50,000.00.

Councilman Redmond: Has the skate park stuff been replaced?

Mr. Badcock: There was a jump box that was stolen and needs to be replaced, the sign is fixed.

DO-4 Bond Ordinance - Amending the purchase of Cedar Ridge Property Description.

President Butler: This just needs to be amended.

Ordinance for First Reading

AN ORDINANCE ACCEPTING STREETS WITHIN THE YARDLEY MANOR DEVELOPMENT FOR USE AS PUBLIC ROADS

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 streets within the Yardley Manor development for use as public roads and permits the enforcement of the traffic laws of New Jersey Statutes Title 39.

Section 2. Ordinance

The Township of Old Bridge formally accepts the following roads in their entirety for use as a public road: Yardley Manor Drive, Edinburg Circle, Reddington Drive, Hauser Lane, Chatham Court, Kirschman Drive, Bedford, Dunstable Court, Winifred Court, Dorchester Court, Winchester Court and Danbury Court.

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 Redmond, seconded by 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 First Reading

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 22-02

BOND ORDINANCE AUTHORIZING VARIOUS RECREATIONAL IMPROVEMENTS IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $159,000 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 $150,000; 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 $159,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $150,000;

(c) a down payment in the amount of $9,000 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 $150,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $9,000, 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 $150,000 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 $150,000 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 $9,000.

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:

Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 15 years.

Section 9. Grants or any other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.

Section 10. 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 $150,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. 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 12. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

Moved by Councilwoman Panos, seconded by Councilman 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.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE No. 23-02

ORDINANCE AMENDING ORDINANCE 04-01 AS HERETOFORE AMENDED BY ORDINANCES 42-01 AND 18-02

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 Title of Bond Ordinance 04-01, as amended by 42-01 and 18-02 (as heretofore amended, the "Bond Ordinance") is hereby further amended to provide as follows:

"BOND ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE TOWNSHIP OF OLD BRIDGE COUNTY OF MIDDLESEX, NEW JERSEY, AND THE TOWNSHIPS OF MARLBORO AND ABERDEEN COUNTY OF MONMOUTH, NEW JERSEY; APPROPRIATING THE SUM OF $14,000,000 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 $13,300,000; 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 herb amended to provide as follows:

Section 3. The Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 4. All other parts of the Bond Ordinance not amended hereby shall remain in full force and effect.

Section 5 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 Baker, seconded by President Butler and so ordered on the following roll call vote:

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

NAYS: Councilman Hoff.

Consent Agenda

BINGO RAFFLE

RESOLUTION #203-02

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:

RA45-02 St. Lawrence Church

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 licenses.

Moved by Councilman Baker, 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.

PARADE - LAKERIDGE COMMUNITY

RESOLUTION #204-02

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

WHEREAS, the Lakeridge Community Association has requested permission to hold a parade on May 25, 2002 ; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Lakeridge Community Association; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that it hereby grants permission for the Lakeridge Community Association to be held on May 2, 2002.

Moved by Councilman Baker, 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.

RESOLUTION MEMORIALIZING THE RELEASE OF PERFORMANCE GUARANTEE FOR ATRIUM I/PHASE II-METRO PARK SOUTH

RESOLUTION #205-02

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

WHEREAS, WHMPL Real Estate Limited Partnership has requested a release of its performance guarantee for the site which contains approximately 9.5 acres and is bordered to the north by the exiting Atrium I, Phase II office building, to the west by Laurence Harbor Road and to the south by Cliffwood Avenue; and

WHEREAS, the Township Engineer has recommended release of the Performance Guarantee for WHMPL Real Estate Limited Partnership; and

WHEREAS, the Township Engineer has performed an inspection of the site improvement works and find that these have been completed satisfactorily; and

WHEREAS, the Township Engineer recommends release of the Performance Guarantee as follows:

Performance Bond - $1,649,763.18

10% Cash Deposit - 183,307.02

Total - $1,833,070.20

WHEREAS, the release of the Performance Guarantee will be subject to the Developer:

1. Posting a Maintenance Bond for a two (2) year period in the amount of $274,960.53 (15% of the Performance Guarantee)

2. Provide a letter of compliance from Freehold Soil Conservation District.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the request of WHMPL Real Estate Limited Partnership for a release of its cash performance guarantee is hereby granted.

Moved by Councilman Baker, 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.

RESOLUTION MEMORIALIZING THE REDUCTION OF PERFORMANCE GUARANTEE FOR HIGHVIEW ESTATES III

RESOLUTION #206

WHEREAS, Highview Estates, Section 3, also known as Beaver Brook Estates has requested a release of its performance guarantee for the Section 3 of Highview Estates comprising of 36 Single Family Homes is accessible for Amboy Road and Route 34; and

WHEREAS, the Township Engineer has performed an inspection and determined that the value of bonded items completed is approximately 62% of the Performance Guarantee; and

WHEREAS, the Township Engineer recommends a reduction of the Performance Guarantee by 62% from $887,060.52 to $549,977.52 for the following amounts:

Performance Bond $798,354.47

Previous Reduction $0.00

This Reduction $494,979.77 (62% reduction)

Bond Reduced to: $303,374.70

Original Cash Deposit $88,706.05

Previous Reduction $0.00

This Reduction Amount $54,997.75 (To be returned to Developer)

Cash to be Retained $33,708.30

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the request of Highview Estates, Section 3, also know as Beaver Brook Estates for a reduction of its cash performance guarantee is hereby granted.

Moved by Councilman Baker, 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.

RESOLUTION AUTHORIZING CONTRACT WITH M.J. BARONE & ASSOCIATES FOR ARCHITECTURAL SERVICES FOR PHASE II RENOVATIONS TO LAURENCE HARBOR RECREATION CENTER

RESOLUTION #207-02

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

WHEREAS, the Township of Old Bride required the services of an architectural firm for purposes of the design of plans and bid documents for Phase II renovations to the Laurence Harbor Recreation Center; and

WHEREAS, M.J. Barone & Associates is a licensed New Jersey architectural firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with M.J. Barone & Associates for purposes of providing the design of plans and bid documents for Phase II renovations to the Laurence Harbor Recreation Center.

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

• A contract for professional services is authorized to be entered into with M.J. Barone & Associates in the amount of $8,800.00.

• The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1039 certifying the existence of a 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:

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

• Compliance by the Vendor with signing the mandatory affirmative action language required by law.

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

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

Moved by Councilman Baker, 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.

CHAPTER 159 CONNECTION WITH THE DRUNK DRIVING ENFORCEMENT GRANT

RESOLUTION #208-02

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 any item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $2,240.00 from the Drunk Driving Enforcement Grant and wishes to amend its SFY 2002 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED 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 sum of $2,240.00 which is now available as a revenue from:

Drunk Driving Enforcement Grant

BE IT FURTHER RESOLVED, that a like sum of $2,240.00 be and the same is hereby appropriated under the caption of:

Drunk Driving Enforcement Grant

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

Moved by Councilman Baker, 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.

RESOLUTION TO SUPPORT THE UPGRADE OF NEW JERSEY NURSING HOMES

RESOLUTION #209-02

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

WHEREAS, safe staffing levels are key to ensuring that all nursing home residents receive the attention they need to live in dignity; and

WHEREAS, nursing home staffing levels currently required in New Jersey are nearly forty percent 40% lower than the levels experts recommend; and

WHEREAS, adequate staff-to-resident ratios that are easy to understand and enforce must be established, and information about nursing home staffing levels should be available to consumers and resident family members.

WHEREAS, the current level of wages and benefits have created high employee turnover and undermined nursing home quality of care; and

WHER