October 28, 2002

A Regular meeting of the Township Council of the Township of Old Bridge was held on October 28, 2002 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be November 12, 2002 at 7:30 p.m.

Roll call at 8:02 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler. Councilman Hoff arrived late.

Councilwoman Panos asked for a moment silence for Christopher Pico, an eleven year old resident who passed away from leukemia. President Butler stated that there was a "Walk for Chris" two weeks ago that himself, the mayor and Councilwoman Panos participated in and that a lot of money was raised.

Bill List

RESOLUTION #529-02

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 October 28, 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 28, 2002 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $9,660,473.47 (General Fund)

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

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

NAYS: None.

ABSENT: Councilman Hoff

Bill List

RESOLUTION #530-02

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 October 28, 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 28, 2002 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $693,434.12 (Payroll).

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

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

NAYS: None

ABSENT: Councilman Hoff

Bill List

RESOLUTION #531-02 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 October 28, 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of October 28, 2002 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $64,650.95 (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, Testino, Councilwoman Panos.

Prior to the vote the following discussion took place

Councilman Maher: What steps have we implemented in curtailing overtime? I know that we used to have the department heads putting the request in writing.

Mayor Cannon: We are trying to monitor it closely, in every department, other then the police, we have cut the budget. We are asking for strict accountability. We have cut down on the public works department, the fair and some other events required overtime.

Councilman Maher: Is the overtime still approved in advance?

Mayor Cannon: In some departments. We will follow up on that. We have no ability to monitor the police department.

Councilman Calogera: Who is the department head that assigns the overtime in the police department?

Ms. Shepler: The chief, that is included in the day-to-day operations.

Councilwoman Panos: It seems that the higher ranks in the police department account for the overtime.

Mayor Cannon: A larger portion does come from the lieutenants, and they are fully staffed, so that is not a question. We have brought it to their attention that the numbers are running too high.

Councilman Redmond: It seems to me that the overtime is spread out in the police department, not just the higher ranks. They are for investigations, court, DWI and manpower and these are not lieutenants. I don't know why there is a mystery on the overtime.

Councilman Calogera: The overtime in the police department is a disgrace and we should look into. I think that we should be concerned about it Larry.

Councilman Redmond: I am concerned about it. It was said that it was the higher ranks and these sheets do not show that. Where do we get that from?

Councilman Baker: I recommend that we ask the chief and Captain Cerra to come before the council. I believe that the chief had a proposal to eliminate all the overtime that we still haven't accepted.

Ms. Shepler: That is an item of negotiations that is currently on the table and I don't think that it would be inappropriate to have that kind of presentation at this time.

Councilman Baker: We could do it in closed session.

Ms. Shepler: I don't know if it would fit any of the definitions. I would ask legal.

President Butler: I will check into it.

Report of the Attorney

1.) Jim Condon will be leaving on November 1^st for a job in the private sector.

2.) Regarding Woodland Trails, today I have received a written report from the commissioners, which has been submitted to the court, the amount of the commissioners finding of compensation is $17,795,000.00. I would like council to authorize me to appeal this to the Superior Court.

MOTION

by Councilman Redmond, seconded by Councilman Baker to give authorization to the Township Attorney to appeal the decision regarding Woodland Trails.

NO VOTE TAKEN - MOTION WITHDRAWN

Councilman Hoff: Do we any alternative to this? What about a surrender?

Attorney Ruggierio: We can always agree to pay what they are asking. It is likely that the property owner would accept this number.

Councilman Maher: This amount is almost three times what we thought it was three years ago. Did we get any credits for the lack of infrastructure improvements on this raw land? There is a lack of roads, water and sewers.

Attorney Ruggierio: These were hearings before three commissioners, appointed by the court and those issues were presented to them.

Councilman Maher: Did we tell them the cost for these, they would of been millions of dollars?

Attorney Ruggierio: I think that they were thinking that people would pay a net price for a building lot and that the improvement costs would be figured into that in that marketplace. There are times when people buy lots with the obligation to do the improvements. There is a discounted value when the improvements are there. All of this was before the commissioners. One of the reasons that I want the authority to appeal is that we just got some information back from the environmental study and I am hoping to develop expert testimony to be utilized in connection with the case for the next phase. There is some soil blending that takes care of the pollutants on the property, they used to spray fertilizers; that we wouldn't use today, on the fruit trees, given the fact that it might be expensive, it might give us a reduction in price, all of that remediation would have to be done if there was going to be houses there, we wouldn't do it because this is going to be passive recreation.

Councilman Maher: How did they decide on the almost eighteen million dollars price tag?

Attorney Ruggierio: This number comes in at about $110,000 per lot; net price.

Councilman Maher: Where are the credits that we would have gotten for the infrastructure?

Attorney Ruggierio: You are asking me to justify these numbers and they are not my numbers, they have been arrived at by the commissioners, we were surprised at the amount. We have a right to appeal this to the Superior Court, we have a right to a jury. I think that is the direction that we should go.

Councilman Hoff: We condemned this property with the full knowledge that there was a monster out there, I was opposed to this from the beginning. Can we get now get a sensible appraisal?

Attorney Ruggierio: I can go to the property owner at any time and attempt to negotiate. If I was the property owner I wouldn't be open to negotiating that price any lower. They may want to try and get the 19 million that there appraiser came up with. If we proceed with this, we could wind up being tagged with another million and half.

Councilman Hoff: This makes no sense to me, we are going to pay $18,000,000.00 for a vacant piece of property. I urge you to take every step to get us out of this.

Councilman Testino: What were the appraisals when we filed the declaration of taking?

Attorney Ruggierio: I know that before I filed the declaration of taking, I spoke in executive session and told you what I thought the numbers would be, they were about right for one appraisal and about a million and a half less what the other one was.

Councilman Testino: Something went awry some from when we filed the declaration of taking and I am afraid that the same thing will happen if we continue down the litigation path. If we go in front of a jury they could look at present day values. Do we have a written opinion from the commissioners?

Attorney Ruggierio: We have a judgment as to what the value is, there is no reasoning in it. As to your concerns about the jury applying present day value; they are instructed not to do that, it would be almost impossible for my adversary to put current values before the jury.

Councilman Testino: Are you are asking us to authorize an appeal so that you can go to a jury trial?

Attorney Ruggierio: That would be my recommendation.

Councilman Testino: Did you have the environmental information before the commissioners?

Attorney Ruggierio: No, we just received a written report within the last two weeks and from that I think that we need to get additional studies done.

Councilman Testino: Did we get the infrastructure information in front of the commissioners?

Attorney Ruggierio: Yes, this was considered by every person who testified, what the net cost of the lots, assuming that you had to put in the infrastructure.

Councilman Testino: Are we still bound by the strategy that you took on earlier in this case?

Attorney Ruggierio: Yes.

Councilman Testino: Have they awarded the builder more lots then what the council had discussed.

Attorney Ruggierio: They did give the owner of the property credit for lands that were not approved, and areas that could be developed into lots in the future, they did an analysis with respect to those open areas, so that this developer could come back in and get additional lots approved, other than then the 139.

Councilman Testino: How many lots did they give them, how did they get to the 18 million figure?

Councilman Calogera: That is another 35 homes.

Councilman Testino: Did they give you a number of lots that they were working with?

Attorney Ruggierio: No, we got no feedback. I think that it is obvious that the commissioners bought the arguments that were being made by the land owners.

Councilman Testino: How many lots were they asking for?

Attorney Ruggierio: 138 lots plus this other yield, I don't have all the information in front of me.

Councilman Testino: Do we have time on this? Do you need the authority tonight?

Attorney Ruggierio: The deadline may be 10 or fifteen days. I can get you the answer by the end of the meeting.

Councilman Testino: I never thought that it would go to $18,000,000.00.

Councilman Baker: Is this part of the attorney's report?

Attorney Ruggierio: Yes it is.

Councilman Baker: Did we have it in advance? I thought we asked for it in advance.

Attorney Ruggierio: I gave it to the Clerk on Friday.

Councilman Baker: When did you receive this letter?

Attorney Ruggierio: October 28^th.

Councilman Baker: There are two ways to stop building in Old Bridge, we can change the master plan or buy the land. We are not buying the land at three times it worth, we are buying it at what is appraised for. Let's buy this and move on, give Bill the authorization to get a better price. This has to end some time, this is prime real estate. This is 139 homes, with the children, in ten years we would have paid for it.

Councilman Greene: This builder's proposed plan was for 139 lots and the council thought the end results would be based on the 139 homes, I think that we passed a resolution the we are negotiating on a proposal for 139 homes. Now it was changed, I am very skeptical, we were formally asked to agree to 139 homes. I think that it is unfortunate that this environmental study wasn't done a year ago, this should of been an intricate part of the negotiations.

Attorney Ruggierio: There is a comprehensive written agreement that the council voted on that had all the parameters under which this would be considered, I don't think that anything was changed. There always was an area of open land that the developer contended could result in additional lots, we argued that those were part of the approval and that they would not have much value. Please understand that the commissioners hearings are before three lay people, we don't get a decision; orally. I think that this is one of those cases where we don't want to play our entire hand before the commissioners. I don't think that we could of had the studies done until we owned the property. I think that it a good thing that we have this at this stage in the Superior Court. I don't think that you should look at these three commissioners as experts. This is a whole new ball game in the Superior Court.

Councilman Redmond: There is a motion on the table for Bill to go forward with the appeal. I will withdraw the motion until we get the deadline information.

Councilman Hoff: Maybe now is the time to have special appraiser and a law firm that specialize in land use. We need the best legal brain here.

Attorney Ruggierio: The answer on the appeal deadline is 20 days.

President Butler: How many lots were in the negotiation process?

Attorney Ruggierio: I will tell the council again, that this was not negotiations, it was presentation in a formal setting before commissioners. We presented 139 lots. The agreement that we have been talking about had express provisions within it; that said that the property owner was going to argue that this other land was worth something more. That was always there.

3.) I would like the council's authority to appeal the most recent ruling that we got in the Frank's case. There are three issues. A.) They all had illnesses as opposed to injuries, it is my view that the statute does not cover illnesses. I think that we need to get that in front of the Appellate Court. B.) One of these individuals, former Officer Popek, who will ultimately get a lot of the money paid under this judgment, he got ill and took his retirement after the Brown decision. It is my view that he can't really claim that somehow an estoppel; that he didn't know about. That is something that we may want to appeal and I would like to at least think about appealing that element of it. C.) We were very successful in the Conde case in getting prejudgment interest knocked out from the judgment even though Conde was a felon who was in prison, he got the money but the Judge said he was not going award prejudgment interest. Now, with respect to these six people, a different judge has awarded prejudgment interest, even in the face of an appellate decision that I think was helpful to our case. I would like to appeal the prejudgment interest element of it. I am absolutely sure that the first and third things I mention we should appeal.

Councilman Calogera: I have concerns about Mr. Condon leaving in respect to the Cedar Ridge case, it may be in our best interest to think about outside counsel that specializes in this type of appeal. I would like to know what the penalty would be if this does not go through at all.

There is a formula in condemnation cases.

Attorney Ruggierio: We have paid in at every stage and we will pay in this amount of the award. So we will be in a position to recover it back if we win the appeal. There are no interest charges. I will be happy to discuss with you, outside counsel, but you are going to wind up spending money for the same level of representation.

Councilman Greene: Do you need a motion on the appeal recommendation?

Attorney Ruggierio: There are two items, there is Woodland Trails and the Franks/Popek case.

Do you need a motion on the Franks/Popek case?

Attorney Ruggierio: Yes.

MOTION

by Councilman Greene to give authorization to the Township Attorney to appeal the Franks/Popek appeal

NOT VOTE TAKEN

President Butler: I want to accept the attorney report first.

Councilman Hoff: That is part of the report.

MOTION

to accept the report of the attorney on the following roll call vote:

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

NAYS: Councilmen Hoff, Testino.

MOTION

by Councilman Greene to grant authority to appeal the decision in the Franks/Popek case, seconded by Councilman Hoff and so ordered on the following roll vote:

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

NAYS: Councilman Testino.

ABSENT PODIUM: Councilman Hoff.

Prior to the vote the following discussion took place

Councilman Testino: How long is this going to go on for? I have been here for six years trying to resolve these police cases.

Attorney Ruggierio: We can certainly settle the cases by giving the other side what they want. I don't think that is what I would recommend.

Councilman Testino: If you know what the case law is, can't you just offer them what you expect the appeal to generate?

Attorney Ruggierio: At this point they have a favorable decision on prejudgment interest and a favorable decision that will allow them to get this money in spite of the fact that they have illnesses. I happen to agree with you on the point where these people who have for years received these monies and it was cut off after the Brown case, they may have a better case on estoppel, than others, as long as prejudgment interest is in the mix, I don't see how we can agree to settle it. Before I file any appeal, I would approach the other side and propose that prejudgment be taken out of the mix.

Councilman Testino: If prejudgment is out of the mix, are you saying that this where it should be?

Attorney Ruggierio: My recommendation to you before Judge Gelade decided this prejudgment interest issue, was going to be, not to appeal the people like Franks and the other older officers who had traditionally received this because I believe that they have an arguable estoppel position, that the judge gave credit to. With respect to Popek, which is big money as compared to the other and because he was one of these later cases, I would appeal the Popek award.

Councilman Testino: Has Judge Gelade heard you on a motion to reconsider the prejudgment interest and denied it after he saw the appellate decision?

Attorney Ruggierio: Judge Gelade initially signed an order that gave prejudgment interest. We then filed a motion with him, that I copied the council on, that pointed out that the Conde case specifically considered this and did not award prejudgment interest and in spite of that decision Judge Gelade did award prejudgment interest expressly.

Councilman Testino: Has he given a written decision on it?

Attorney Ruggierio: It was an oral decision.

Attorney Condon: The Judge called us in to read his decision into the record.

Councilman Testino: Did Gelade distinguish this case from the others?

Attorney Condon: He can always couch the award in terms that the plaintiff's have been unjustly deprived of the use of their money and award prejudgment interest on that amount and it will probably be fairly large amount since they go back quite a number of years. The Conde decision did not award prejudgment interest due to the length of time it took for Mr. Conde to file his complaint and the time it took to prosecute his complaint. Similar circumstances are here in this case.

Councilman Testino: Did the judge make a specific finding that we unjustly deprived them of their money as opposed to what happened in the Conde case?

Attorney Condon: I would give you a hesitant yes. The judge found that equity weighed in favor of the plaintiff's in this case and that they were entitled to the payment of this interest. To the extent that he distinguished the case, I don't think that there are enough, the Conde case is still in our favor.

Councilman Testino: Did you order the transcription in this decision?

Attorney Condon: Not yet.

Preliminary Public Comment

Monte Seewald: I would like to know why Old Bridge was shafted with respect to the Extraordinary State Aid? The average tax increase in New Jersey is 6.8%, Old Bridge was 10.2%. I am watching people of my age group leave this town and being replaced by younger families with children. If you develop on the land in Woodland Trails there will be approximately $10,000.00 per child in education. I think that this town needs to take on the school budget, this is a substantial portion on my taxes. I want this council to ask the assemblymen, senator and governor to come here and explain why they denied the aid.

Horace Lawton: There are two doors in the shelter that only needed kick plates on them. I would like to know why the council approved $650.00 per door and $4,800.00 was spent for those two doors which did not include the hardware.

Ms. Shepler: I will look into this, I do not know the specifics of this.

Florence Krysinsky: I went around Society Hill and all the residents are concerned about the shelter being turned over to the SPCA. Why weren't other avenues explored such as the Associated Humane Society? The state SPCA is suing Middlesex County SPCA.

President Butler: The council voted to keep the kennel and we put the money back in to operate the kennel till the end of the year.

Councilman Hoff: I think that we need to keep the shelter and it's not there to make money.

Cora Lawton: You hired Colleen McNamara to study the kennel and she has not put one hour in there to see how it is run. She has over $30,000.00 in overtime, she has over 900 hours in comp time. If she going to get paid that kind of money, why is she down there. People give the shelter blankets and quilts for the dogs, she went down to the kennel and threw them all out. We used to wash the blankets and give them to the men and women's shelters.

Jennylynn Wall: I want to thank the councilmen who voted to keep the kennel. I hope that because the mayor and Councilman Greene and Councilwoman Panos are republican and I am a democrat that you won't vote against the kennel.

Councilwoman Panos: I am insulted that you would suggest something like that.

Ms. Wall: What more do I need to do to show you that any changes to the kennel will cost more than leaving it as it is?

Stephen Wall: Every time that the budget comes up, I read in the paper that the council did something wrong. I have not heard anything about the township spending $1,200,000.00 because the administration refused to abide by Federal law and was caught.

Councilman Calogera: What are you talking about?

Mr. Shah: He is referring to the accumulated comp time.

Mr. Wall: The Garcia Act requires 240 hours comp time for civilians and 480 hours for police personnel. This administration has allowed civilians and police to accumulate thousands of hours in comp time. They were caught. I don't know which agency came in and the payment was demanded in June of this year. It cost this township $1,200,000.00 and everything I read blames the tax increase on the council. This was not the council's fault.

Al DiRocco: I am here representing the Old Bridge Board of Education, on November 18^th at 7:30 we will be having a reception for David Toma a motivational speaker. I am here to invite the mayor and council.

Howard Sherman: I think that it is important that the kennel stay open. In Las Vegas they have a no kill shelter that is not a burden on the tax system, they have a website that maybe we can get some help from. I will forward the address to the council.

Robert Pepe: I approached the council 15 months ago about the drainage problems at the Southwood Little League field. It is a wetlands area that is a township owned property. We have had walls and ceilings collapse. These problems are beyond what I can get the lay people to do. I understand that there is money for an engineering study and if the plan is to move our field then maybe you should hold off on spending the money now. What we are up against now is that the whole field has sunken and caused pot holes. There is a $50,000.00 bond that has been approved and accruing for months and I would like to ask the council to release part of that money and pave and drain away from the fields.

Councilman Greene: There is about $28,000.00 left in the bond that was authorized last year. They would like to black top the parking area and Mr. Badcock supports this. I think that Mr. Pepe is looking for our consensus on getting an appropriate bid.

Councilman Redmond: What do we need to move this forward?

Mr. Badcock: We need to find out from Mr. Shah if the scope of the bond will allow us to spend money for this because we bonded for engineering work. The problem with the whole complex is that it is the 100 year flood plain, some of the fields are probably within the buffer zone of the wetlands, and that is tough to get around.

Councilman Redmond: Do you need a resolution tonight?

Ms. Shepler: If the council wishes to do this, we can have the bond counsel amend the description of the ordinance.

Mayor Cannon: There is only about a month's time left for paving.

Ms. Shepler: I can have an answer by tomorrow.

Councilman Greene: I thought that the $50,000.00 was very open ended, I think that this should not be a problem at all.

Councilman Testino: Could we cover this under one of our other paving ordinances?

Mr. Pepe: It is classified at Fox Street.

Ms. Shepler: They are street specific, if there is a street and it is cover under an ordinance, we could do that.

Barbara York: There is a gas station at Route 516 and Old Matawan Road and the transportation committee recommended that there not be an exit onto Old Matawan Road because there is a crossing guard that directs the traffic out of Miller School. There also was a walkway from the cross walk to the school, when they did their landscaping, they ripped it up. I would like to see the walkway put back, they had no right to rip it up.

John Vincenti: I had a verbal arrangement with the contractor that they will put the walkway back in. As to the driveway opening, that is private property.

Mayor Cannon: Can we check the approval and see if it is there?

Councilman Redmond: The approval said that the driveway could not go straight through the way the old one did. One is a state road and the other is a county.

Ms. York: The driveways don't line up, but the one in the middle lines up with the driveway from the school.

Councilman Redmond: When the property was abandoned the police did put a car in there to stop people from cutting through.

Councilwoman Panos: Can we put up cones in the driveway when the buses are there?

Mr. Vincenti: No, it is a private driveway.

Ms. Shepler: There have been a number of character assassinations by Ms. Wall's mother, father and husband and I would like to set some things straight. I think that it is unfortunate that Ms. Wall's husband characterized a $1,200,000.00 contractual payout to our employees as illegal or illicit. These payments, which benefited his wife and the other animal control officer, Ms. Brucker, were part of their contractual agreement. What this administration did was prevent the abuse of comp time that has been going on for years; if you earn hours of comp time at $3.00 an hour, they were expecting to be paid $15.00 an hour. What was stopped was an abuse. To assassinate Lt. McNamara's fine reputation with innuendo and out right distortions of the truth is reprehensible and as the Director of Public Safety, I find it disgusting.

Mayor Cannon: I would like to say that I have no idea what Ms. Wall's politics are, she doesn't live in town and this analysis of the kennel has come up a number of times in the last 20 years.

GUEST

Reverend Moses Williams - Rutger's University - Kids-2-Kids

Reverend Williams: We are trying to make this a companion project with the State Department of Education where we are taking books from the more affluent communities and giving them to the less affluent communities. On September 11^th I had the privilege of being in South Africa and Ghana where we worked out an agreement to give them the books that we no longer need. We are coming together as Americans to show our concern for the lack of literacy in other parts of the world. In South Africa there is a whole generation of people that were not in school prior to the apartheid situation. We are setting up teleconferences with young kids in New Jersey who will be speaking to them in South Africa. We are sending books, bicycles and school supplies to those communities. We are not as ugly as they sometimes say about ugly Americans. Jesus helped the ten leopards and only came back to thank him and I would like one that comes back to thank Mr. Butler and those persons that are working with us to make the burden of the oppressed in the world.

President Butler: Do we have any place to store these books when people start dropping them off?

Mayor Cannon: We have some containers at the Health Department and I am checking to see if they are available.

President Butler: Where can we put them?

Mayor Cannon: Right now they are in public works, we will get you an answer.

HEARINGS

Release/Reduction Performance Guarantee - Pulaski Savings Bank

President Butler: This is off because we don't have the paperwork.

Deputy Clerk Ward: I called them today and they didn't have anything.

Release/Reduction Performance Guarantee - Smile Cleaners - Application #79-99Z

Mr. Vincenti: This cleaners is located on Route 516 and Morganville Road, this was a small modification. We currently have a performance bond in the amount of $10,368.00 and 10% cash $1,152.00. We have performed site inspections and everything is satisfactory. We are recommending a release of the performance bond subject to the posting of two year maintenance bond in the amount of 15% of the original bond.

Mr. Lou Granata; Attorney for the Applicant: Mr. Troy has reviewed this and thanks the council.

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

MOTION

by Councilman Redmond to release the performance bond of Smile Cleaners, subject to posting a maintenance bond, 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 PODIUM: Councilmen Calogera, Hoff.

ABSTAIN: Councilman Testino.

ORDINANCE FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 48-02

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 prohibits the stopping and standing of vehicles on certain streets within the Township of Old Bridge.

Section 2. Stopping and Standing Prohibited on Certain Streets

Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule IV thereof (incorporated by reference in the Code Section 10-4) with the following:

Name of Street Sides of Street Hours Location

Matawan Road Both All From the intersection (C.R. 698) with Ely Avenue to the intersection with Alexandria Drive.

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Hoff.

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

ORDINANCE FOR SECOND 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 speed limits and designates the location of stop signs for the roads of the Yardley Manor development.

Section 2. Stop Intersections

Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule VIII thereof (incorporated by reference in Code Section 10-8) with the following:

Section 3. Speed Limits

Chapter X of the Code of the Township of Old Bridge is hereby amended by adding and supplementing Schedule IX thereof (incorporated by reference in Code Section 10-9) with the following:

Yardley Manor Drive 25 m.p.h. Both directions, entire length

Kirschman Drive 25 m.p.h. Both directions, entire length

Dorchester Court 25 m.p.h. Both directions, entire length

Winchester Court 25 m.p.h. Both directions, entire length

Bedford Drive 25 m.p.h. Both directions, entire length

Edinburg Circle 25 m.p.h. Both directions, entire length

Danbury Court 25 m.p.h. Both directions, entire length

Dunstable Court 25 m.p.h. Both directions, entire length

Chatham Court 25 m.p.h. Both directions, entire length

Hauser Lane 25 m.p.h. Both directions, entire length

Reddington Drive 25 m.p.h. Both directions, entire length

Winifred Court 25 m.p.h. Both directions, entire length

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Hoff.

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

ORDINANCE FOR SECOND READING

ORD. #50-02 Amending revised general ordinances Chapter 12 Fire Prevention relating to required safety inspections.

(ACTION TAKEN BY COUNCIL - TABLED 10/21/02)

President Butler: We tabled this at an agenda meeting and we need to table it tonight.

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. Purpose

The purpose of this ordinance is to amend the Revised General Ordinances of the Township of Old Bridge to incorporate changes requested by the Fire Districts of the Township of Old Bridge to Section 12-15 pertaining to required fire safety inspections.

Section 2. Amendments to Chapter 12 Section 15

Section 12-15(o)(26) of the Revised General Ordinances of the Township of Old Bridge I amended as follows:

26. Required inspections:

(a) No Change.

(b) No Change.

(c) No Change.

(d) Multiple Dwelling Inspections. The local enforcing agency shall engage in multiple dwelling inspections pursuant to NJAC 5:70-2.1. The fee for each inspection shall be the fee per unit as set forth below.

(e) Smoke Detector Inspections. The local enforcing agency shall engage in smoke detector inspections within R-3 uses pursuant to NJAC 5:70-2.3 and the fee for the inspections shall be as set forth below.

(f) Fees for inspections. The fee schedule for inspections required by (d) and (e) above is as follows:

(1) Inspections on ten business days notice or more: $35.00

(2) Inspections conducted on less than ten but more than four business days notice: $50.00

(3) Inspections conducted on less than four business days notice: $100.00

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 to table by Councilman Testino, seconded by Councilman Greene and TABLED on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Hoff.

ORDINANCE FOR SECOND READING

ORD. #51-02 Vacate a portion of Steamboat Landing Road a/k/a Dock Road. (Language to be changed by Legal Dept. - may require re-introduction.)

President Butler: Is there a revised ordinance for this?

Attorney Condon: A revised ordinance with the language changes that you requested was submitted to the clerk's office. If you choose to move forward, you need to re-introduce.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 54-02

ORDINANCE VACATING A PORTION OF STEAMBOAT LANDING LANE

WHEREAS, Steamboat Landing, also known as Dock road, has been realigned, and

WHEREAS, this realignment has resulted in a portion of Steamboat Landing Lane no longer being needed as a public roadway, 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 a portion of Steamboat Landing Road (also known as Dock Road) which is no longer needed for public use by the Township of Old Bridge following the realignment of such road.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of Steamboat Landing Road, also known as Dock Road, and more fully described in the document Description of a Portion Steamboat Landing Road (also known as Dock Road) in the Township of Old Bridge, Middlesex County, New Jersey, to be vacated and dated July 26, 2000 on file with the Township Clerk.

The vacation of this road is contingent upon the filing of an executed deed of easement and right of way granting an easement and right of way to the Old Bridge Municipal Utilities Authority to permit the OBMUA to maintain utilities located in the portion of Steamboat Landing to be vacated. Such easement must be accepted by the OBMUA in order to be valid.

The vacation of this road is further contingent upon the owner(s) of the underlying fee(s) filing a deed(s) with the Middlesex County Clerk which contains the restrictions:

• No improvements may be made on the vacated parcel except accessory buildings and uses to adjourning properties.
  
  
• No improvements may be made on the vacated parcel which violate any setback requirements of the Land Development Ordinance of the Township of Old Bridge, nor shall any application be made for a variance with regard to set back requirements.

A true copy of this Ordinance, together with proof of publication, shall be filed with the Middlesex County Clerk within sixty (60) days of the effective date of this Ordinance.

SECTION 3: INCONSISTENT ORDINANCES

All ordinances or part of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extend 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. Excerpt 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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at lest two thirds (2/3) of all members of the Council vote in favor of such resolution.

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Hoff.

NO PARTICIPATION: Councilman Baker.

ORDINANCE FOR SECOND 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 the fees for the Before & After School Daycare program and the Summer Recess program pursuant to the recommendation of the Coordinator of said daycare programs. This Ordinance replaces Township Ordinances No. 31-00 and No. 11-02.

Section 2. Fees

A. The tuition fees for the Before &After School Daycare program shall be as follows:

B. The tuition fees for the Summer Recess Program shall be as follows:

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 Testino and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Hoff.

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

ORDINANCE FOR SECOND 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

The purpose of this ordinance is to establish the Film and Television Advisory Committee.

Section 2. Ordinance

A. There shall be a Film and Advisory Committee (the "Committee") whose purpose shall be to advise the Mayor and Township Council on all matters relating to film and television productions in the Township of Old Bridge.

B. Composition. The Film and Television Advisory Committee shall consist of three (3) members to be appointed by the Township Council for a term of three (3) years.

C. Organization. The Committee shall organize annually and select a chairman and secretary. The Committee shall meet as regularly as the chairman shall determine.

D. Responsibilities. The responsibilities of the Committee shall be.

1. Advise the Mayor and Township Council concerning matters related to film and television production in the Township of Old Bridge.

2. Recommend to the Mayor and Township Council appropriate regulations for film and television production in the Township of Old Bridge.

3. Maintain information on resources and locations available to film and television productions in the Township of Old Bridge.

E. Reporting. The Chairman of the Film and Television Advisory Committee shall report annually to the Mayor and Township Council as to the progress made and goals set for the Committee.

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.

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

ORDINANCE FOR FIRST READING

FR-1 Lambertson Tract Acquisition Bond Ordinance balance of $481,758.90 is required to purchase Lambertson Tract as per contract agreement with the E/O Mrs. Marion Smith.

President Butler: We can't do this.

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 OF ORDINANCE

This ordinance is adopted for the primary purpose of accepting 220 acres of land within the Township of Old Bridge

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept 220 acres of property located within the Woodhaven Village Development in the Township of Old Bridge and known as Block 22000, Lot 27.11, Block 23001, Lot 15.10 more fully described in the document known as "Proposed Subdivision Plat, Woodhaven Village, Open Space (Parkland) Dedication, Block 22000, Lots 25.12, 26,27,30 and 40, Block 23002, Lots 13,14,15 and 17, Township of Old Bridge, County of Middlesex, State of New Jersey" dated December 5, 1999 and November 30, 1999 and filed with the Office of the Clerk of Middlesex County on March 15, 2001 as map No. 6113, File 985, and Block 22140, Lot 30.17 more fully described in the document known as "Final Major Subdivision Plat, Woodhaven Village Section 1, Lots 10.11, 12,15.12, 18,19,20,28,29 and 30, Block 22000 tax map numbers 22, 22.11, 22.12 and 22.13, Township of Old Bridge Middlesex County, State of New Jersey" dated February 23, 1998 and filed with the Office of the Clerk of Middlesex County on August 25, 1999 as map No. 6015, File 984. The conveyance of the property shall be made by deed in a form approved by the Township Attorney.

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 President Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Hoff.

DISCUSSION ORDINANCE/ORDINANCE FOR FIRST READING

DO-1 Scheduling public speaking at meetings other than Regular Meetings.

Councilman Testino: I will move this for First Reading.

Councilman Greene: I thought that we were going to address meetings overall. I think you wanted each council member to submit to you recommendations about public participation at meetings.

President Butler: We will pursue that at a later date.

Councilman Greene: This one just applies to agenda meetings and set public portion at the end of the meetings for three minutes.

Deputy Clerk Ward: That's correct.

Councilman Testino: It is every meeting, but regular meetings.

President Butler opened the public portion on Ordinance for First Reading Seeing no hands President Butler closed the public portion.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 56-02

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE SCHEDULING PUBLIC SPEAKING
AT MEETINGS OTHER THAN REGULAR MEETINGS

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 creates a public portion at all meetings of the Township Council other than regular meetings, such as agenda meetings and special meetings, during which members of the public can speak and be heard, in accordance with the Open Public Meetings Act, N.J.S.A 10:4-6, et seq.

SECTION 2: PUBLIC PORTION

There shall be a public portion at all meetings other than regular meetings of the Township Council during which the public will be invited to speak on any subject matter for a period not to exceed three (3) minutes per person at the end of the meeting.

SECTION 3: INCONSISTENT ORDINANCES

All ordinances or part of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extend 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 NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at lest two thirds (2/3) of all members of the Council vote in favor of such resolution.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Baker.

CONSENT AGENDA

President Butler opened the public portion on the consent agenda. Seeing no hands President Butler closed the public portion for the consent agenda

MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR BOYD NASH (BOYD'S LANDSCAPING)

RESOLUTION #532-02

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

WHEREAS, Boyd Nash (Boyd's Landscaping), is now seeking a release of the performance guarantee for the Boyd's Landscaping development; and

WHEREAS, the Township Engineer has performed an inspection and determined that the items completed have been installed satisfactorily; and

WHEREAS, Goddard School has replaced Boyd Nash as developer and posted a new performance guarantee for remaining items; and

WHEREAS, the Township Engineer recommends release of the performance guarantee posted by Boyd Nash as follows:

Performance Bond $45,317.39 (Letter of Credit)

10% Cash Deposit $5,035.27

Total $50,352.66

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Boyd Nash performance guarantee be released.

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.

CONFIRMING THE DETAILS OF THE SALE OF THE TOWNSHIP'S GENERAL OBLIGATION BONDS, SERIES 2002A, AND GENERAL OBLIGATION BONDS, SERIES 2002B, TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY, ACTING BY AND THROUGH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO THE 2002 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM.

RESOLUTION #533-02

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

WHEREAS, the Township of Old Bridge, County of Middlesex, New Jersey ("Township") has determined there exists a need within the Township for the construction of improvements to the wastewater treatment plant including construction a backwash reclamation tank and generator upgrades ("2002 Project") as described in that certain Loan Agreement ("Trust Loan Agreement") to be entered into between the Township and the New Jersey Environmental Infrastructure Trust ("Trust") and that certain Loan Agreement ("Fund Loan Agreement"; together with the Trust Loan Agreement, the "Loan Agreements") to be entered into between the Township and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection ("State"), all pursuant to the 2002 New Jersey Environmental Infrastructure Trust Financing Program; and

WHEREAS, the Township has determined to finance the acquisition, construction, renovation and installation of the 2002 Project with the proceeds of a loan to be made by each of the Trust ("Trust Loan") and the State ("Fund Loan",; together with the Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Agreement, respectively; and

WHEREAS, to evidence the Loans, each of the Trust and the State require the Township to authorize, execute and deliver its General Obligation Bonds, Series 2002A, to the Trust ("2002A Bonds"), and its General Obligation Bonds, Series 2002B, to the State ("2002B Bonds"; together with the 2002A Bonds, the "2002 Bonds"), pursuant to the terms of applicable law and pursuant to the terms of the Loan Agreements; and

WHEREAS, pursuant to the Local Bond Law, Chapter 169 of the Laws of the State of New Jersey Township Council (collectively, the "Governing Body") has , pursuant to bond ordinance 04-01, as amended and supplemented, duly and finally adopted and published in accordance with the requirements of Local Bond Law (as amended and supplemented, the "Bond Ordinance"), authorized the issuance of general obligation bonds or bond anticipation notes of the Township to finance the costs of the 2002 Project; and

WHEREAS, pursuant to a resolution adopted by the Governing Body on July 8, 2002 ("Authorizing Resolution"), the Township authorized and approved the issuance and sale of up to $4,200,000.00 of the 2002 Bonds of the Township, consisting of the Township's 2002A Bonds, and the Township's 2002B Bonds, to finance the costs of the 2002 Project; and

WHEREAS, N.J.S.A. 40A:2-27(a)(2), allows for the sale of the 2002A Bonds and the 2002B Bonds to the Trust and the State, respectively, without any public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the 2002A Bonds to the Trust, without any public offering, all under the terms and conditions set forth herein; and

WHEREAS, the Trust has sold its bonds to fund the Trust Loan, thereby enabling the Township to confirm the exact aggregate principal amount of and debt service schedule for each series of the 2002 Bonds.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, PURSUANT TO THE LOCAL BOND LAW (NOT LESS THAN TWO-THIRDS OF ALL THE MEMBERS THEREOF AFFIRMATIVELY CONCURRING), AS FOLLOWS:

Section 1. The sale of the 2002A Bonds to the Trust and the 2002B Bonds to the State is hereby authorized, approved, ratified and confirmed. The 2002A Bonds shall be released from escrow in accordance with the terms of the Escrow Agreement between the Trust, the State, the escrow agent and the Township ("Escrow Agreement") and thereby issued in accordance with the principal amount, interest rates and maturity schedule set forth on Schedule "A" attached hereto and made a part hereof. The 2002B Bonds shall be released from escrow in accordance with the terms of the Escrow Agreement and thereby issued in accordance with the principal amount and maturity schedule set forth on Schedule "B" attached hereto and made a part hereof.

Section 2. All actions heretofore taken and documents prepared of executed by or on behalf of the Township by the Mayor, Administrator, Chief Financial Officer, Township Clerk, Deputy Township Clerk, other Township officials or by the Township's professional advisors, in connection with the issuance and sale of the 2002 Bonds or the 2002 Project are hereby ratified, confirmed, approved and adopted.

Section 3. The Mayor, Administrator, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to determine all matters and execute all documents and instruments in connection with the 2002 Bonds or the 2002 Project not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinance, or by this or any subsequent resolution, and the signature of the Mayor, Administrator, Chief Financial Officer, Township Clerk or Deputy Township Clerk on such documents or instruments shall be conclusive as to such determinations.

Section 4. All resolutions, or parts thereof, inconsistent herewith or with the Authorizing Resolution, are hereby rescinded and repealed to the extent of any such inconsistency.

Section 5. This resolution shall take effect immediately upon adoption this 28^th day of October, 2002.

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.

AUTHORIZE BAKE SALE

RESOLUTION #534-02

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

WHEREAS, Cheesequake School PTA has requested permission to conduct a bake sale on Election Day, Tuesday, November 5, 2002, it the lobby of the Civic Center.

NOW, THEREFORE, BE IT RESOLVED that the Township Council hereby grants permission to the Cheese quake School PTA to hold such a bake sale.