A Regular Meeting of the Township Council of the Township of Old Bridge was held on May 13, 2002 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Butler.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, June 4, 2002 at 8:00 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Councilwoman Panos, President Butler. Councilman Testino arrived at 8:05 p.m.

RESOLUTION NO. 221

APPROVAL OF MINUTES

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

the following minutes are hereby approved:

Agenda January 22, 2002

Regular February 11, 2002

Executive February 19, 2002

Executive/Regular February 25, 2002

Agenda March 4, 2002

Regular March 11, 2002

Regular March 25, 2002

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, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Testino.

RESOLUTION NO. 222

BILL LIST

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 May 13, 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 May 13, 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 $33,439,604.91 (Accounts Payable).

Moved by Councilman Maher, seconded by Councilman Calogera 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.

RESOLUTION NO. 223

BILL LIST

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 May 13, 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 May 13, 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 $724,881.22 (Payroll).

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, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilmen Testino

RESOLUTION NO. 224 Denied

BILL LIST

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 May 13, 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 May 13, 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 $14,829.10 (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 Calogera, Greene, Hoff, Maher, Councilwoman Panos.

ABSTAIN: Councilman Testino.

RESOLUTION NO. 225

BILL LIST

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 May 13, 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 May 13, 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 $736,997.88 (Payroll).

Moved by Councilman Maher, 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.

RESOLUTION NO. 226 Denied

BILL LIST

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 May 13, 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 May 13, 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 $32,704.14 (Overtime).

Moved by President Butler, seconded by Councilman Baker and so denied on the following roll call vote:

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilmen Calogera, Greene, Hoff, Maher, Testino, Councilwoman Panos.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of April 2002:

DOGS:

2387-2569 1,463.50

CATS:

1-104 735.00

LICENSE:

Vending

Amusement - $25.00 each

#125 Old Bridge Elks 25.00

Candy - $5.00 each

#67-68 Garden State Vending 10.00

Soda - $ 10.00 each

#20-25 Garden State Vending 60.00

Limousine

297 Lambert 35.00
299-300 Mykhay Inc 70.00
301 Sokolov 35.00
302 Foo 35.00

Used Car

309 Ida Automotive 350.00
310 Arturo Transport 350.00

Hot Dog

303 Kurwalt 50.00

Ice Cream

304 Little Jimmy's Ices 25.00
306 Rocco Tango 25.00
308 Ohern Ice Cream 25.00
312 Matt's Ices 25.00

1,120.00

BINGO/RAFFLE

RA 45-02 St. Lawrence Church 10.00

10.00

MAPS

Street 5.00

MISCELLANEOUS:

Photocopies - Copies 64.75
Late fee - Dogs 387.00
Return Check - Dog 54.00

Total: $3,839.25

Deputy Clerk Ward announced that within the next two weeks the Clerk's office will be sending out approximately 5,000 letters to those persons whose ward and districts have changed due to the rewarding. The changes will be effective June 4, 2002 at the Primary Election.

Motion

to accept the Report of the Clerk made by Councilman Hoff, 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.

Report of the Attorney.

Attorney Ruggierio stated that there would not be a report.

Preliminary public comments.

Mr. Rao: Expressed his opinions with respect to the annual school budget.

Mr. Seewald: Questioned why the Glenn School has no students enrolled and why air conditioning was installed after the school no longer housed children. Suggested voting on the Board of Education budget at the same time as a general election or having the Mayor appoint the members of the Board of Education to ensure accountability.

Councilman Redmond: The Director of Special Services is in that building. The special education PTA raised money for the air conditioning when the pre-school was housed there, although those children were subsequently moved out.

Mrs. York: Suggested that more employees be hired in the public works department.

Mr. Sohor: Expressed his frustration about the non-partisan nature of the golf committee. Stated that bi-partisan appointments ended in January, 1998. Objected to abrupt closure of the last regular meeting of the Township Council.

Proclamation - Mark Schulman Soccer Field.

Mr. DePalma: We are here on behalf of the Schulman family and we thank the Township Council for the renaming of Higgins II to the Mark Schulman Field. Coaches teach not only the game of soccer but also sportsmanship and character.

RESOLUTION NO. 227

NAMING A HIGGINS ROAD SOCCER FIELD IN HONOR OF MARK SCHULMAN, A VICTIM OF SEPTEMBER 11, 2002

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

WHEREAS, Mark Shulman was the loving husband of Lori Shulman, the father of two daughters, Melissa and Jamie, and a longtime resident of Old Bridge Township; and

WHEREAS, Mark Shulman was a coach in the Old Bridge Girls Soccer League for over ten years; and

WHEREAS, he coached hundreds of young women in the game of soccer, including his daughters, teaching them the value of sportsmanship, teamwork leadership and fair play; and

WHEREAS, he founded the Roadrunners travel team to take his soccer players to compete in other communities; and

WHEREAS, Mark Shulman, whose motto was "do it for the girls" , always gave freely of his time to the Old Bridge Girls Soccer League, spending countless hours on the soccer fields coaching as well as the more mundane task of maintaining the fields; and

WHEREAS, Mark Shulman was devoted to his family and his community and improved the lives of so many Old Bridge Township's young people; and

WHEREAS, Mark Shulman's life tragically ended on the morning of September 11, 2001 in the senseless act of terrorism which occurred at the World Trade Center; and

WHEREAS, Township of Old Bridge wishes to commemorate the life of Mark Shulman wit a fitting memorial.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Higgins Road Soccer Field #2 be named "MARK SHULMAN FIELD" in honor of our fallen hero.

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 roll call vote the following statement was made.

Eliot Reiter: I was Mark's assistant since 1997, when he formed the team. The girls were then eight years old. We coached over 200 games. Mark was extremely dedicated and worked diligently to help the team succeed not only winning games but creating an environment of fun mixed with competition. He was the ideal volunteer coach giving of himself to make our children's lives better. Having one of the soccer fields named after Mark will be one, small beautiful legacy of the contributions that Mark made to the girls of Old Bridge.

Proclamation - National Police Officer Week.

On behalf of the Township of Old Bridge Police Department, Capt. Cronin and Police Officer Keith Calvosa accepted the proclamation which was read by Councilman Calogera who thanked the officers for everything they do for the Township of Old Bridge.

WHEREAS, our law enforcement agencies play an essential role in safeguarding the rights and freedoms that have been granted by the Constitution to every American citizen; and

WHEREAS, it is important that people throughout our country know and understand the problems, duties and responsibilities of their police departments and members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property and protecting them against violence or disorder and protecting the innocent against deception and the weak against opposition, oppression and intimidation; and

WHEREAS, the Congress by a joint resolution has designated the week of May 12 through May 18 as Police Week in recognition of the contribution that the police officers of America have made to our civilization through their dedication and selfless efforts in enforcing our laws and has also designated May 15 as Peace Officers Memorial Day in honor of the Federal, Sate and Municipal peace officers who have been killed or disabled in the line of duty.

NOW, THEREFORE, the Old Bridge Township Council and Barbara L. Cannon, Mayor do hereby call upon the people of our community to observe the week of May 12 through May 18 of 2002 as Police Week commemorating police officers past and present, who by their faithful and loyal devotion to their responsibilities have rendered and dedicated service to their communities. We further call upon the people of Old Bridge to observe May 15 as Peace Officers Memorial Day in honor of those peace officers who through their courageous deeds have lost their lives or have become disabled in the performance of their duty.

Capt. Cronin: On behalf of the Old Bridge Lodge No. 22, I thank you for this honor.

PO Calvosa: On behalf of the members of the Old Bridge PBA, it means at lot to be recognized at this time. Every year there is a memorial for fallen police officers wherein all names of those killed in the line of duty are called. This year the list will be long.

Guest Presentation.

Kiran Desai - Zoning Board of Adjustment. (Not Present)

Gene McLoughlin - Televising agenda, planning and zoning meetings (Not Present).

Councilman Redmond: Mr. McLoughlin was not sure what we wanted and asked if he could appear at an agenda session to prepare him for what we expect.

Councilman Calogera: I will contact Mr. McLoughlin.

Hearing.

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

Mr. Vincenti: Rolling Meadows is a portion of Foxborough Village containing 26 single-family homes. There was a previous bond reduction from the original $830,000 bond. We currently have a performance guarantee in excess of $487,000; a cash portion in excess of $54,000. We have performed a number of inspections, and all the work has been completed to our satisfaction. We have a letter from several residents one of which deals with a non-bondable item. We met with the developer who will take care of the situation through a warranty service. A second letter deals with a yard area recently regraded and seeded. The grading was done to our satisfaction; however, the grass has not germinated yet. We are suggesting that we withhold $5,000 in escrow and perform a reinspection later in the summer; contact the owners to make sure they are satisfied with the grading. We recommend release of the bond subject to the posting of the appropriate maintenance bond in the amount of 15% of the original performance guarantee.

Mr. Whiteman (Heilbrunn, Pape and Goldstein): We are agreeable to the recommendations of the engineer.

Motion

to release the original performance bond posted for Rolling Meadows subject to the posting of a maintenance bond in an amount equal to 15% of the original performance guarantee made by Councilman Hoff, seconded by Councilman Maher and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands, President Butler closed the public portion.

2. Highpointe, Inc. - Release/Reduction of Performance Guarantee.

Mr. Vincenti: This is a mini bond that was posted for Highpointe Estates, Sections I and II. There were three homes located on Highpointe Way with drainage issues. The developer agreed to post a $25,000 bond to assure that the drainage items were taken care of. Those improvements were done in the last few months. We have inspected the improvements and notified the residents. There was reimbursement made by the developer. We are recommending a release of the $25,000 performance bond subject to the posting a 15% maintenance bond.

President Butler: Did we get a sign off from the homeowners association?

Mr. Vincenti: I believe that the homeowners association was notified, but I don't recall seeing a specific sign off by the association.

Motion

to release the original performance bond posted for Highpointe Estates subject to the posting of a maintenance bond in an amount equal to 15% of the original performance guarantee made by Councilman Hoff, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

3. Ronko Developers - Release/Reduction of Performance Guarantee.

Mr. Vincenti: This is a maintenance bond posted in association with a three lot, minor subdivision in Laurence Harbor on Lee Avenue. The developer posted a cash bond in the amount of $2,880. The improvements were curbing and driveway aprons for the three lots. There were no other bonded improvements. Our inspection showed the bonded improvements were satisfactorily installed. There is one resident who lives upstream of the property which has a flood plain, wetlands ponding area on the lots that was to remain in its natural condition because this is a wetland area regulated by DEP which could not be filled as a condition of the approval to comply with the environmental permits. We wrote to the adjacent property owners and advised him hat due to DEP constraints, there is nothing we can do to fill the wetland areas. We are recommending a release of the performance guarantee subject to posting a 15% maintenance bond.

Motion

to release the original performance bond posted for Ronko Developers subject to the posting of a maintenance bond in an amount equal to 15% of the original performance guarantee made by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: Councilman Testino.

ABSENT PODIUM: Councilman Calogera.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands, President Butler closed the public portion.

Ordinance for Second Reading.

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

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Maher.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands, President Butler closed the public portion.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Maher.

Prior to the roll call vote President Butler opened a public portion. Seeing no hands, President Butler closed the public portion.

Ordinance for Second Reading.

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

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

NAYS: None.

ABSTAIN: Councilman Maher.

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

Prior to the roll call vote the following discussion took place.

Councilman Greene: I am glad the council was able to find the bonding to do some needed improvements to Veterans Park and also that the council saw fit to approve funds to start moving with the feasibility of the golf course.

Councilwoman Panos: I thank the council for following up on my recommendations on the improvements to Veterans Park.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 23-02

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 hereby 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 Testino, 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.

Prior to the roll call vote the following discussion took place.

Attorney Ruggierio: We passed an ordinance allowing the acquisition of the Cedar Ridge property in the past, and then we had to pass an ordinance to put additional money to that purpose. The second ordinance adopted did not contain all the lots and blocks. We needed to amend this to include them.

This does not involve any additional money.

Councilman Hoff: I hope this gets filed illegally, and it gets thrown out of court.

Ordinance for First Reading.

WHEREAS a portion of the Disbrow Road right of way is no longer needed for use as a public roadway as a result of realignment.

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

Section 1. Purpose

The purpose of this ordinance is to vacate an unimproved portion of the Disbrow Road right of way which is no longer needed for public use by the Township of Old Bridge.

Section 2. Ordinance

The Township of Old Bridge hereby vacates a portion of Disbrow Road near the intersection of Disbrow Road and Amboy Road and more fully described in the document entitled "Scheduled A" on file with the Township Clerk. The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including, but not limited to, gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress or egress relating thereto.

Within sixty (60) days of the effective date of this ordinance, a certified copy of this ordinance together with proof of publication shall be filed with he Clerk of Middlesex County for recording.

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 Baker and so ordered on the following roll call vote:

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

NAYS: Councilman Testino.

ABSTAIN: Councilman Hoff.

FR-3 Ordinance establishing two year rotating terms on the Recreation Committee

President Butler: This ordinance is being held.

Councilman Testino: I asked this be sent to the recreation committee so that we can get their input.

Ordinance for First Reading.

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 establishes a fee amount for the payment of property taxes through the Internet.

SECTION 2: ORDINANCE

A fee of one ($1.00) per transaction shall be charged for Internet payment of property taxes.

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 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.

Ordinance for First Reading. TABLED

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

Section 1. The Township Council hereby declares a certain municipal right of way known as the portion of Spring Valley Road, defined by the following metes and bounds description, vacated.

Beginning at a point, said point being the intersection of the easterly right-of-way (ROW) Line of Marlboro Road (variable width R.O.W. with the northerly R.O.W. line of Spring Valley Road (33 feet wide R.O.W.), said point also being the southwest corner of Block 21005, Lot 2 and running:

Thence (1) North 88 degrees 50 minutes 54 seconds East, along the northerly ROW line of Spring Valley Road, a distance of 702.77 feet, to an angle point;

Thence (2) North 89 degrees 00 minutes 39 seconds East, continuing along said ROW line, a distance of 415.63 feet, to a point, on the westerly ROW line of New Jersey State Highway, Rt. 18 (variable width ROW);

Thence (3) South 00 degrees, 56 minutes 35 seconds West, along the westerly ROW line of New Jersey State Highway Rt. 18, a distance of 33.02 feet, to a point on the southerly ROW line of Spring Valley Road;

Thence (4) South 89 degrees 00 minutes 39 seconds West, along the southerly ROW line of Spring Valley Road, a distance of 414.47 feet, to an angle point;

Thence (5) South 88 degrees 50 minutes 54 seconds West, continuing along said ROW line, a distance of 711.33 feet, to a point, on the easterly ROW line of Marlboro Road;

Thence (6) North 13 degrees 28 minutes 24 seconds East, along the easterly ROW line of Marlboro Road, a distance of 34.11 feet, to a point or place of Beginning.

Contains 37,029 Square Feet more or less.

The above description is and is intended to be all that portion of Spring Valley Road to be vacated, located between Marlboro Road in the west and New Jersey Highway Rt. 18 to the east. It is further intended that all rights of the public which may exist are to be vacated within the right of way described, reserving thereout and therefrom all rights and privileges now possessed by public and private utilities to maintain, repair and replace their existing facilities in, and adjacent to, over or under the roadway being vacated including but not limited to, gas, water, cable, telephone, electric, sanitary sewers, storm sewers and any appurtenances and rights of ingress or egress relating thereto

The above description has been prepared in accordance with a map entitled "Map Showing Portion of Spring Valley Road to be Vacated, Township of O ld Bridge, Middlesex County, New Jersey" prepared by T&M Associates, Richard A. Moralle, P.E. & P.L.S., dated March 14, 2002 which is attached hereto and made part of this description as Schedule A.

Section 2. It is further declared by the Township Council that this right of way is not utilized by the public, serves no public purpose and does not provide regular access to or from adjacent tracks of land, nor does it act as a connecting access to other road systems.

Section 3. The aforementioned action is taken in accordance with the statutory provisions of NJSA 40:67-19 et seq., and NJSA 40:49-2, 40:49-6 relating to the vacating of a public right in such streets.

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 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 table by Councilman Greene, seconded by Councilwoman Panos and so ordered on the following roll call vote:

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

NAYS: Councilman Testino, President Butler.

Consent Agenda.

RESOLUTION NO. 228

BINGO/RAFFLE

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

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

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

RA46-02 Institute for Children with Cancer

RA47-02 Institute for Children with Cancer

RA48-02 St. Ambrose HSA

RA49-02 St. Ambrose HSA

Moved by Councilman Hoff, 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.

RESOLUTION NO. 229

GRANTING PERMISSION FOR A PARADE IN LAURENCE HARBOR MAY 27, 2002

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

WHEREAS, Laurence Harbor community requested permission to hold a parade on Monday, May 27, 2002 ; and

WHEREAS, the Township Council wishes to endorse and permit a parade for the Laurence Harbor community;

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 Laurence Harbor community parade to be held on May 27, 2002.

Moved by Councilman Hoff, 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.

RESOLUTION NO. 230

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE WAWA STORE NO. 934 (RT. 34 AND STEAMBOAT LANDING LANE)

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

WHEREAS, the developer for the Wawa Food Market and Gasoline Station, located at the intersection of Rt. 34/Steamboat Landing (Dock Road)/Cottrell Road has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on April 22, 2002 at which time the Township Engineering Department and the Township council were heard; and

WHEREAS, the Township Engineer has recommended release of the performance guarantee of Wawa Food Market and Gasoline Station; and

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

Performance Bond $730,674.81

10% Cash Deposit 81,186.09

$811,860.90

There has been no previous reduction of the Performance Guarantee.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County Middlesex, State of New Jersey that the performance guarantee be released subject to (1) the developer posting a Maintenance Bond for a two (2) year period in the amount of $121,779.14 (15% of the Performance Guarantee) and (2) confirmation from the developer that the land on the southern side of the abandoned portion of Dock Road has been conveyed to the adjoining property owners.

Moved by Councilman Hoff, 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.

RESOLUTION NO. 231

GRANTING PERMISSION FOR A SIDEWALK SALE AT THE GATEWAY SHOPPING CENTER MAY 18, 2002

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

WHEREAS, the Gateway Shopping Center at Route 9 and Ernston Road in Parlin wishes to conduct a sidewalk sale on May 18 and May 19, 2002; and

WHEREAS, Fire Marshall Thomas P. Gerity has reviewed the information for the Gateway Shopping Center sidewalk sale and finds it acceptable; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the request of Gateway Shopping Center is hereby granted.

Moved by Councilman Hoff, 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.

RESOLUTION NO. 232

AUTHORIZING CANCELLATION OF BALANCES FOR TITLE III GRANTS TOTALING $1,568.00 RECEIVABLE AND $850.00 APPROPRIATION

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

WHEREAS, the Title III Grant has a remaining outstanding balance; and

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

Receivable $1,568.00

Appropriation $850.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bride that the above listed grant totaling $1,568.00 receivable and $850.00 appropriation be canceled.

Moved by Councilman Hoff, 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.

RESOLUTION NO. 233

AUTHORIZING LEGAL DEPARTMENT TO SEEK ACTION AGAINST PERFORMANCE BOND OF WOODLAND HILLS/TICETOWN HILLS, INC. FOR FAILURE TO COMPLETE IMPROVEMENTS

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

WHEREAS, the Township Engineer has requested in a letter dated March 22, 2002, to Harry Rosenblum of Woodland Hills/Ticetown Hills, Inc., to give a schedule for completion of work on the remainder of all bonded items in the revised punch list dated September 6, 2001; and

WHEREAS, the Township Engineer has not received a response and is seeking action by the Township Legal Department against the Performance Bond of Woodland Hills/Ticetown Hills, Inc. for failure to complete improvements.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, State of New Jersey, is hereby authorizing the Township Legal Department to begin legal proceedings and take any and all other actions required to enforce the performance guarantees.

Moved by Councilman Hoff, 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.

RESOLUTION NO. 234

AUTHORIZING CONTRACT WITH MICHAEL NOTO, ESQ. IN RE MIANULLI V. TOWNSHIP OF OLD BRIDGE, ET AL

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

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation in connection with the legal representation of the Chief of Police Jerry Palumbo; and

WHEREAS, Michael A. Noto, Esq., a licensed New Jersey Attorney, is recognized as capable and available to undertake such work.

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

1. The contract for professional services is authorized to be entered with Michael A. Noto, Esq. in the usual form.

2. The scope of the work to be performed by Michael A. Noto, Esq. shall be representation of the Chief of Police Jerry Palumbo with regard to the matter Mianulli vs. Township of Old Bridge, et al.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No. 1043 has been received for this contract assuring that there are sufficient funds in the appropriation(s) To fund the purchases anticipated in the current budget year.

Budget Year FY2002 and FY 2003

Cert. No. 1043

Amount $500.00 in FY 2002 and $15,000.00 as of 7/1/02

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

4. This is a contract for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Chief of Police Jerry Palumbo.

This resolution is conditioned upon the following:

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

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

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

D. Compliance by the vendor with filing of the 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 Hoff, 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.

RESOLUTION NO. 235

AUTHORIZING PAY OUT OF ACCUMULATED TIME TO BARBARA FELICE

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

WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any pay out of accumulated time $5,000 or greater to be authorized by resolution; and

WHEREAS, due to retirement from her position at the Township, Barbara Felice, is entitled to a pay out of her accumulated time; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that a lump sum pay out of accumulated time is hereby authorized to be paid to Barbara Felice in the amount of $32,292.64.

Sick (207.5) $19,927.63

Vacation (25) 6,427.55

Compensatory Time 5,937.46

TOTAL $32,292.64

Moved by Councilman Hoff, 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.

RESOLUTION NO. 236

AUTHORIZING REDUCTION IN PURCHASE ORDER FOR NELSON IGLESIAS FROM $5,000.00 TO $200.00

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

WHEREAS, the Legal Department and the Engineering Department require the services of Nelson Iglesias as an engineering consultant; and

WHEREAS, Nelson Iglesias, the former Township Engineer, would be used as an engineering consultant who has knowledge and information regarding various legal matters and for possible testimony which Mr. Iglesias was a part of when employed with the Township; and

WHEREAS, Nelson Iglesias' purchase order was approved for $5,000.000 (Five Thousand Dollars). Due to the fact that it was not necessary for us to use this budgeted money at this time, we request that the purchase order be reduced to $200.00 (Two Hundred Dollars).

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bride, County of Middlesex, State of New Jersey is hereby authorized to reduce the purchase order to $200.00.

Moved by Councilman Hoff, 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.

RESOLUTION NO. 237

AUTHORIZING PAYMENT TO NJDEP FOR TOWNSHIP SHARE OF REPLACEMENT OF SLUICE VALVE ON CLIFFWOOD WAY $22,150.00

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 is currently involved in the development of the Old Bridge Waterfront Park; and

WHEREAS, the State is carrying out repairs and reconstruction to the stone groin in Laurence Harbor and some improvements to the other two groins located to the north; and

WHEREAS, the Township's portion of the approved project amount of the sluice valve replacement on Cliffwood Way is $22,150.00.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey is hereby authorized to make payment to the State of New Jersey DEP for its share in the amount of $22,150.00.

Moved by Councilman Hoff, 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.

RESOLUTION NO. 238

AUTHORIZING SALARY INCREASE OF $2,500.00 FOR STELLA WARD, DEPUTY CLERK

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

an increase of twenty-five hundred ($2,500.00) be given to Stella Ward retroactive to April 3, 2002 on obtainment of her license as a Registered Municipal Clerk.

Moved by Councilman Hoff, 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.

RESOLUTION NO. 239

AUTHORIZING THE SUBMISSION OF A CDBG APPLICATION FOR FUNDING IN THE AMOUNT OF $360,000

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

WHEREAS, certain federal funds are potentially available to the Township of Old Bridge under Title 1 of the Housing and Community Development Act of 1974 as amended through 1985 commonly known as Community Development Block Grants;

WHEREAS, it is necessary to submit an application on behalf of the Township of Old Bridge and its residents to benefit from this program; and

WHEREAS, two public hearings were held on February 19, 2002 at the Bush Center at 2:30 p.m. and the Laurence Harbor Library at 5:00 p.m. in accordance with the Citizens Participation Process as set forth in the Township's Consolidated Plan and Federal Regulations to obtain the views of citizens on community development and housing needs of the Township of Old Bridge; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township shall submit the 2002 application for funding under the Community Development Act of 1974 as amended through 1985 in the amount of $360,000 plus $40,000 program income on behalf of the Township of Old Bridge and its residents for participation in Federal Funding; and

BE IT FURTHER RESOLVED that the Mayor of the Township of Old Bridge shall be and is hereby authorized to execute said application on behalf of the Township of Old Bridge and the Clerk shall be and is hereby directed to attest said application and affix thereto the corporate seal of the Township of Old Bridge.

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, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 240

MEMORIALIZING CDBG ANNUAL ACTION PLAN FY 2002

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

WHEREAS, a public hearing was held on April 22, 2002 to discuss the Community Development Block Grant (CDBG) Annual Action Plan; and

WHEREAS, the Township Council accepted the CDBG Annual Action Plan.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Community Development Block Grant hearing of April 22, 2002 is hereby memorialized.

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, Councilwoman Panos, President Butler.

NAYS: None.

RESOLUTION NO. 241

AUTHORIZING CHANGE ORDER NO. 1 TO HELIOS CONSTRUCTION IN THE AMOUNT OF $4,925.00 FOR CONTRACT NO. 01-11 IN CONNECTION WITH WORK BEING DONE TO THE HEALTH BUILDING

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized Contract No. 01-11 with the firm of Helios Construction Company for the renovation to the municipal health building; and

WHEREAS, Helios Construction Company has requested Change Order No. 1 to increase the amount of the contract by $4,925.00 to replace rotted structural members found in the roof of the health building.

WHEREAS, a Certification of Availability of Funds No. 1046 has been received.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the total amount of Contract No. 01-11 is hereby increased as set forth on the attached Change Order.

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

Original Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $244,000.00

Change Order No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,925.00

New Total Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . $248,925.00

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

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

AYES: Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, T