November 25 , 2002

A Combined meeting of the Township Council of the Township of Old Bridge was held on November 25, 2002 in the Municipal Complex. The meeting was called to order by Vice President Redmond 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 December 2, 2002 at 8:00 p.m.

Roll call at 7:32 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Hoff, Councilwoman Panos, Vice President Redmond President Butler was absent. Councilmen Maher and Testino arrived late.

Bill List

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

RESOLUTION #563-02

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 November 25, 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 September 24, 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 $18,042,067.92 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino, President Butler.

Prior to the vote the following discussion took place

Councilwoman Panos: We spent over $5,000.00 at Michael's Warehouse, what is that for?

Ms. Shepler: It is computer equipment and upgrades to some of the servers.

Councilwoman Panos: There is also a bill from Dr. John Shannon for $3,400.00. What is that for?

Ms. Shepler: That is for thirteen psychological exams for the thirteen special law enforcement officers.

Councilwoman Panos: Are they specials?

Ms. Shepler: Yes, they are Special Law Enforcement Officers.

Councilman Hoff: Are there more positions available?

Ms. Shepler: Yes, I believe that Captain Bonfante is taking applications now.

Councilman Calogera: How many specials are there in town?

Ms. Shepler: I think it is between 40 and 60. They are reappointed and sworn in every year.

Bill List

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

RESOLUTION #564-02

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 November 25, 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 November 25, 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 $670,275.56 (Payroll).

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

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

NAYS: None.

ABSENT: Councilmen Maher, Testino, President Butler.

Prior to the vote the following discussion took place

Councilwoman Panos: I asked at the last meeting for the police department to identify the ranks of the officers, it hasn't been done, so I will ask again.

Ms. Shepler: I will make the request again.

Bill List

RESOLUTION #565-02

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 November 25, 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 November 25, 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 $35,818.40 (Overtime).

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

AYES: Councilmen Baker, Vice President Redmond.

NAYS: Councilmen Calogera, Greene, Hoff, Councilwoman Panos

ABSENT: Councilman Maher, Testino, President Butler.

PROCLAMATION

Old Bridge Yard Dogs - (Travel baseball team comprised of 13 year olds who won the Championship Baseball Conference of New Jersey.) (RG & WB)

Councilman Greene reads the following proclamation and along with Vice President Redmond and Mayor Cannon he present certificates to the following members of the Old Bridge Yard Dogs: Mike Augliera, Billy Baker, Tyler Brown, Mike Carletti, Danny Cwiek, Brian Florek, Jeffrey Haberman, Andrew Holler, Chris Rozanski, Chris Ruffler. The coaches Kevin Ruffler and John Moller.

WHEREAS, the Old Bridge Yard Dogs is an elite travel baseball team comprised of thirteen year olds; and

WHEREAS, the Old Bridge Yard Dogs is a member team of a league which is comprised of the best AAU, select, club and travel baseball teams from the entire State of New Jersey; and

WHEREAS, the Old Bridge Yard Dogs went undefeated this fall winning the Championship Baseball Conference of New Jersey by defeating the Jersey Giants (Branchburg) in the semi-final and the Hudson Rockets (West New York) in the final.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Township Council of the Township of Old Bridge wish to acknowledge the outstanding performance and dedication to the sport of baseball displayed by the Old Bridge Yard Dogs and highlighted by its pitching and defense execution.

BE IT FURTHER RESOLVED, that the Mayor and the Township Council of the Township of Old Bridge extend their congratulations and best wishes for continued success to the Old Bridge Yard Dogs.

Coach Ruffler thanks the council, mayor and recreation department for all their help. Councilman Bill Baker was instrumental in helping us with the fields and blending travel and recreational ball together. We are very proud of our boys.

Mayor Cannon congratulates the team and thanks them for doing Old Bridge proud.

APPROVAL OF MINUTES

RESOLUTION #566-02

WHEREAS, the following minutes are hereby approved:

September 3, 2002 - Agenda September 9, 2002 - Regular

September 17, 2002 - Agenda September 23, 2002 - Regular

October 7, 2002 - Agenda

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

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

NAYS: None.

ABSTAIN: Councilman Calogera.

There were no reports for the Clerk or the Attorney at this meeting.

Preliminary Public Comments

Anita Clavering: I would like the residents to know that the library has a group discussion every second Wednesday for the group called the "People Poets". I am also here to give my full support to the position of Poet Laureate that is on the agenda tonight. I would like to invite the Mayor and Council to the next People Poets meeting on December 11^th at 7:30 in the library. I would also like to ask the council if there is any way that more funding can be allocated to help the People Poets make copies to publish a literary magazine.

Louis Valentino: I have tried to get Captain Cerra to enforce ordinance 42-98 to no avail. Captain Cerra is a smoker and he refuses to enforce this ordinance. I would like to know if the council has subpoena power to get Captain Cerra here and answer questions about his refusal to enforce ordinance 42-98. I spoke to police officers and they said they would be happy to enforce this but they won't do it until Captain Cerra gives the okay.

Attorney Ruggierio: The council has the ability to conduct a municipal investigation. If they do decide to do that, they have the ability to subpoena witnesses. The appropriate authority on this is the Mayor and she has the ability to ask the chief of police to report on any matter.

Mayor Cannon: I will follow up on this.

Seeing no hands Vice President Redmond closed the public portion.

PRESENTATION

Tom Sommers - Old Bridge Website Presentation - (Overview presentation of status and recent developments of Township Official Website. (TS)

Mr. Sommers demonstrated how to navigate around the Township of Old Bridge website (www.oldbridge.com). Some of the highlights he pointed out were: Online payments of tax bills, the history of code enforcement permits issued to a block and lot, cat and dog license applications, the Council agenda, Schedules of all the public meetings in town, council minutes of meetings, minutes of other boards such as Planing, Zoning, EDC, Library.

Vice President Redmond: Are the changes to the agenda on website?

Deputy Clerk Ward: No, we have tried to update it and haven't been able to.

Mr. Sommers: I will speak to the clerk's office tomorrow because the capability is there.

Mr. Sommers stated that there are links to the schools, churches and other houses of worship, libraries, utility services, homeowners associations in town. There are projects in the town listed by wards on the site. There are links to the council members and mayor e-mail.

A resident will register with our website and receive an ID (which is located in the top corner of their tax bill) and a password and they then have access to their property tax information, ward and district, voting places (which has been updated since the redistricting). There is also a complaint tracking system, where a resident can e-mail a complaint and it will be directed to the proper department and tracked to make sure that it is answered. Mr. Sommers stated that a resident can check a box that they be notified of future events and other special notices that they request.

Councilwoman Panos: Can there be anonymous complaints?

Mr. Sommers: No, because you have to be registered and logged in.

Vice President Redmond: Does this guarantee that their complaint will be answered?

Mr. Sommers: No, It guarantees that their complaint will be read and the council and administration are copied on all complaints.

Mr. Sommers demonstrates some of the administration tools that he created on the website that compile the registered users broken down in wards.

Councilman Baker: Can I send an e-mail to everyone in my ward?

Mr. Sommers: Yes, if they are registered.

Mr. Shah: Our goal is to create communication to the residents through e-mail.

Mr. Sommers states that we are looking to add graphics to the website, such as pictures of the churches and libraries. We are also looking to implement credit card payments. We are looking to get all permits and licenses that we issue on line. We have received a lot of positive feedback for this. I would like to give special credit to Diane Amabile and Pat Garland for all their work on this site. I would like to come before the council in a few months to update the council again on this.

Councilwoman Panos: I would just like to let you know that many times when I come to your office or call, your assistant Alex helps me and I really appreciate it.

Mr. Sommers: I would like to recognize Al, he is my partner.

Councilman Baker: Is there any plan down the road to sell advertisement?

Mr. Sommers: We looked at that a while ago and yes there is.

Councilman Baker: How far away are we from taking live e-mail at council meetings?

Mr. Sommers: The technology is here.

Councilman Baker: I would like you to look into this.

Mr. Shah: Tom has put a lot of hours into this website, we are looking for the council support in the future.

Vice President Redmond opened the public portion for the Consent Agenda Seeing no hands Vice President Redmond closed the public portion for the Consent Agenda

Ordinance for Second Reading

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

WHEREAS, this realignment has resulted in a portion of Steamboat Landing 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 (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, also known as Dock Road, and more fully described in the document Description of a Portion of Steamboat Landing (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 (the "OBMUA") 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 following restrictions:

No improvements may be made on the vacated parcel except accessory buildings and uses to adjoining properties; and

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 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 Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

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

AYES: Councilman Calogera, Greene, Hoff, Maher, Testino, Councilwoman Panos, Vice President Redmond.

NAYS: None.

ABSENT: President Butler.

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

Prior to the vote the following discussion took place

Councilman Testino: I want to make sure that Jonathan Heilbrunn and his client are in agreement with this.

Mr. Heilbrunn: Yes.

Councilman Hoff: Inaudible.

Attorney Ruggierio: Once you vacate the road, it restricts the property to such a nature that they can only put improvements to their property. They could not subdivide.

Councilman Hoff: How would you define accessory buildings?

Attorney Ruggierio: It is well defined in our law and specifically defined in our land development code. Those uses which are subordinate to the primary use on the property.

Councilman Hoff: What size and depth can the accessory building be?

Attorney Ruggierio: That is all laid out in the zoning code, that is not something that we would put in this ordinance. Anyone who wanted to put an accessory use on their property would have to look up the zoning requirements, if they didn't meet them they would have to go to the zoning or planning board and get an approval. Those requirements will be governed by our zoning code.

Councilman Hoff: Inaudible.

Attorney Ruggierio: I think that is why you have to trust your zoning and planning boards.

Councilman Hoff: Inaudible.

Attorney Ruggierio: If your zoning code permits you to put an accessory use on the property with out any variances, you have already deliberated and put in restrictions. If they need a set back of five feet, they have the option under the law to go to the zoning board for a variance.

Councilman Hoff: I have problem with this ordinance...inaudible.

Mr. Heilbrunn: I understand what Councilmen Hoff and Maher have said in the past and I think that through the legislative history of this council, the planning and zoning board are well aware that this council has instructed them to clearly take into account all potential impacts on setbacks, buffers and sound. I think clearly from the way the ordinance has been drafted, there can be no use which is independent of a present use upon the property. The Pine Tavern and all other lots will only be developed in conjunction with the existing and permitted uses on those lots.

Councilman Hoff: Thank you.

Ordinance for Second Reading

WHEREAS, William Way was a part of a cul-de-sac which was demolished when the street was redesigned and reconstructed as a through street; and

WHEREAS, William Way is no longer need for use a public roadway as a result of such redesign and reconstruction.

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 right of way at William Way which is no longer for public use by the Township of Old Bridge.

Section 2. Ordinance

The Township of Old Bridge hereby vacates William Way more fully described in the document entitled "Schedule A" attached and on file with the Township Clerk. The Township of Old Bridge expressly reserves all rights and privileges now possessed by pubic 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 and copies of all exhibits shall be filed with the 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 Township Council and approval by the Mayor, where such approval is required, unless the Township Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council vote in favor of such resolution.

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

AYES: Councilman Calogera, Greene, Hoff, Maher, Testino, Councilwoman Panos, Vice President Redmond.

NAYS: None.

ABSENT: President Butler.

Vice President Redmond opened the public portion. Seeing no hands Vice President Redmond closed the public portion.

Ordinance for Second Reading

TABLED

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 59-02

WHEREAS, the Township Council wishes to authorize the position of Poet Laureate for the Township of Old Bridge; and

WHEREAS, the Poet Laureate should serve a one (1) year term in office; and

WHEREAS, the Poet Laureate will perform certain duties as more particularly described herein; and

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 position of Poet Laureate of the Township of Old Bridge.

Section 2. Position of Poet Laureate Established - Non-paying Position

The position of Poet Laureate of the Township of Old Bridge is hereby established. The said position shall be established and shall exist in the office of the Township Clerk of the Township of Old Bridge. The said position shall be nonpaying

Section 3. Duties of the Poet Laureate

The duties of the Poet Laureate shall be:

• To promote the writing and reading of all types of poetry.
  
  
• To promote literacy.
  
  
• To record in poetic verse local and worldwide newsworthy events affecting Old Bridge during the poet's term in office. (This record is to be entered in a hardbound album and kept in the library for viewing by the public.)

• To create college English scholarships for Old Bridge High School seniors and the college-bound children of Old Bridge 9/11 victims' families.

Section 4. Appointment. Term of Office. Removal.

The Poet Laureate shall be appointed by the Township Council of the Township of Old Bridge. The term of the Poet Laureate's office shall be for a period of one (1) year or until his or her successor is appointed. However, nothing herein shall be construed to vest the Poet Laureate with protection against immediate removal for any reason if deemed appropriate by the Township Council of the Township of Old Bridge

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 Township Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

Moved by Councilman Testino, seconded by Councilman Calogera and so TABLED on the following roll call vote:

AYES: Councilmen Calogera, Greene, Testino, Councilwoman Panos, Vice President Redmond.

NAYS: Councilmen Baker, Hoff, Maher.

ABSENT: President Butler.

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

Prior to the vote the following discussion took place

Councilman Testino: I got a letter from Margey Cyr and she is interested in answering some questions. I would like to give her that opportunity, she has a lot of good suggestions. I would like to take her up on the suggestion for the community. I would table this ordinance. I would like to appoint her to this committee and come back before council with recommendations.

MOTION

by Councilman Testino for Margey Cyr to head the committee on the Poet Laureate, seconded by Councilman Hoff and so ordered on the following roll call vote:

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

NAYS: Councilmen Baker, Maher.

ABSENT: President Butler.

MOTION

by Councilman Testino for Robert Franza to serve on the committee for the Poet Laureate, seconded by Councilman Hoff and so ordered on the following roll call vote:

AYES: Councilman Baker, Calogera, Greene, Hoff, Maher, Testino, Councilwoman Panos, Vice President Redmond.

NAYS: None.

ABSENT: President Butler.

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 60-02

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF EQUIPMENT FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $75,000 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 $70,000; 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 $75,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $70,000;

(c) a down payment in the amount of $5,000 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 $70,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $5,000, 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 $70,000 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 $70,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $10,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 8.089 years.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $70,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

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

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

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

Section 13. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by 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 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

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

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

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

AYES: Councilmen Calogera, Hoff, Testino, Councilwoman Panos, Vice President Redmond.

NAYS: Councilmen Baker, Greene, Maher.

ABSENT: President Butler:

Ordinance for First Reading

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 61-02

ORDINANCE AMENDING ORDINANCE 19-01 OF THE TOWNSHIP OF OLD BRIDGE,
COUNTY OF MIDDLESEX, STATE OF NEW JERSEY

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 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 19-01 ("Bond Ordinance") is hereby amended to provide as follows:

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $3,650,000, 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 $3,467,500; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

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 purposes stated in Section 7 hereof is $3,650,000.00

(B) the estimated amount of bonds or bond anticipation notes to be issued for the purpose stated in Section 7 hereof is $3,467,500.00

(C) a down payment in the amount of $182,500 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A 40A:2-11; and

Section 3: Section 3 of the Bond Ordinances is hereby amended to provide as follows:

Section 3: The sum of $3,467,500 to be raised by the issuance of bonds or bond anticipation notes is hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4: Section 4 of the Bond Ordinance is hereby amended to provide as follows:

Section 4: The issuance of negotiable bonds of the Township in an amount not to exceed $3,467,500 to finance the cost 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: Section 5 of the Bond Ordinance is hereby amended to provide as follows:

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 $3,467,500 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: Section 7.A of the Bond Ordinance is hereby amended to provide as follows:

Section 7: Section 8 of the Bond Ordinance is hereby amended to provide as follows:

Section 8. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $3,467,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 8. 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 9. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 10. 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 Baker, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: Councilman Hoff.

ABSENT: President Butler.

Consent Agenda

MEMORIALIZE AUTHORIZATION FOR AUCTION ONE (1) PLENARY DISTRIBUTION LICENSE

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

RESOLUTION #567-02

WHEREAS, The Township of Old Bridge wishes to authorize for auction one (1) plenary distribution license.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the auction of one (1) plenary distribution license is hereby authorized with the following conditions:

• Authorize one (1) plenary distribution license be issued to the highest qualified bidder.
  
  
• Conduct a public sale for such purpose.
  
  
• Fix a minimum opening bid at $200,000.00 (Two-Hundred Thousand Dollars)
  
  
• Conditions of sale: Certified check - 10% of bid as deposit.
  
  
• Reservation of right to reject all bids where highest bid is not accepted.

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

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

NAYS: None.

ABSENT: President Butler.

RESOLUTION AUTHORIZING THE LEGAL DEPARTMENT TO APPEAL WOODLAND TRAILS

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

RESOLUTION #568-02

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Legal Department is hereby authorized to take appropriate action to appeal the case of Woodland Trails vs. Old Bridge Township.

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

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

NAYS: None.

ABSENT: President Butler.

RESOLUTION TO EXTEND SECOND ROUND SUBSTANTIVE CERTIFICATION (COAH)

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

RESOLUTION #569-02

WHEREAS, the Township of Old Bridge received substantive certification from the New Jersey Council on Affordable Housing (COAH) on January 8, 1997 for a period of six (6) years; and this substantive certification will expire January 8, 2003; and

WHEREAS, COAH has adopted a rule permitting a municipality to extend its second round substantive certification for up to one (1) year after the effective date of the adoption if COAH's third round methodology and rules if a municipality requests an extension, commits to continuing to implement the certified second round plan and also commits to addressing its third round obligation with a newly adopted housing element and fair share plan; and

WHEREAS, the Township of Old Bridge must commit to either filing a newly adopted housing element and fair share plan addressing the third round obligation with COAH or petition for a third round substantive certification prior to the expiration of the extended second round substantive certification.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Old Bridge requests COAH under its procedure at NJAC 5:91-14.3 to extend substantive certification for up to one (1) year after the effective date of the adoption of COAH's third round methodology and rules; and

BE IT FURTHER RESOLVED that the Township of Old Bridge hereby commits to continue to implement its certified second round plan; and

BE IT FURTHER RESOLVED that the Township of Old Bridge hereby commits to address its third round fair share obligation with a newly adopted housing element and fair share plan within one (1) year after the effective date of COAH's third round methodology and rules; and

BE IT FURTHER RESOLVED that the Township of Old Bridge shall either file the newly adopted housing element and fair share plan addressing the third round obligation with COAH or petition for a third round substantive certification prior to the extension of this extended second round substantive certification.

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

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

NAYS: None.

ABSENT: President Butler.

RESOLUTION TO CANCEL TAXES 100% DISABLED VETERAN - BERNARD SECONISH

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

RESOLUTION #570-02

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

WHEREAS, Bernard Seconish who owns and resides at 483 Raritan Blvd., Block 1063, Lot 483, has filed for the above mentioned exemption with the Tax Assessor.

WHEREAS, Bernard Seconish was declared a 100% disabled veteran on November 10, 1999, a copy of said declaration being filed with the Tax Assessor, and has owned the above mentioned property since September 17, 1996.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the tax collector be hereby authorized to cancel a portion of the 1999 calendar year taxes and all of the 2002, 2001, 2002 calendar year taxes that have been billed on the above referenced property

BE IT FURTHER RESOLVED by the Township Council of the Township of Old Bridge that any payment of taxes made for the period after November 10, 1999 be refunded including any interest and principal paid by Bernard Seconish.

Levy amount Payment amount to be Canceled to be Refunded

1999 $413.74 413.74

2000 $2,827.44 $2,829.95

2001 $3,009.16 $3,010.66

2002 $3,273.93 $2,899.01

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

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

NAYS: None.

ABSENT: President Butler.

RESOLUTION REQUESTING A ONE YEAR EXTENSION FOR MUNICIPAL AID & URBAN AID - FY 2002 PROJECT

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

RESOLUTION #571-02

WHEREAS, the Township of Old Bridge has applied for funding from the Municipal Aid & Urban Aid Program of the New Jersey Transportation Trust Fund Authority Act for Fiscal Year 2002 for Perrine Road and Cheesequake Road resurfacing; and

WHEREAS, the Township of Old Bridge wishes to formally request a one (1) year extension of time from December 5, 2002 to December 5, 2003 in order to assure that the $219,000.00 allotment remains available for the project.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the resolution requesting a one (1) year extension of time from December 5, 2002 to December 5, 2003 in order to assure the $219,000.00 allotment remains available for the aforesaid project is hereby adopted.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the District III Bureau of Local Aid office for processing.

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

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

NAYS: None.

ABSENT: President Butler.

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY AUTHORIZING THE ISSUANCE AND SALE OF UP TO $4,200,000 OF GENERAL OBLIGATION BONDS, SERIES 2002C, OF THE TOWNSHIP OF OLD BRIDGE; MAKING CERTAIN COVENANTS TO MAINTAIN THE EXEMPTION OF THE INTEREST ON SAID BONDS FROM FEDERAL INCOME TAXATION; AND AUTHORIZING SUCH FURTHER ACTIONS AND MAKING SUCH DETERMINATIONS AS MAY BE NECESSARY OR APPROPRIATE TO EFFECTUATE THE ISSUANCE AND SALE OF THE BONDS

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

RESOLUTION #572-02

BACKGROUND

WHEREAS, pursuant to the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey ("Township"), has, pursuant to numerous bond ordinances, each duly and finally adopted and published in accordance with the requirements of Local Bond Law ("Bond Ordinances"), authorized the issuance of general obligation bonds or bond anticipation notes of the Township to finance the costs of the capital improvements set forth in and authorized by the Bond Ordinances, all as more particularly described in Exhibit "A" attached hereto and made a part hereof; and

WHEREAS, the Township has not yet issued any of its obligations to finance the costs of the improvements authorized by the Bond Ordinances set forth in Exhibit "A" ("Project"); and

WHEREAS, it is the desire of the Township to issue its general obligation bonds in the aggregate principal amount of up to $4,200,000, as further described in Exhibit "A", the proceeds of which will be used to pay the costs of the Project; and

WHEREAS, it is the desire of the Township to issue its general obligation bonds in the aggregate principal amount of up to $4,200,000, as further described in Exhibit "A", the proceeds of which will be used to pay the costs of the Project; and

WHEREAS, pursuant to the Local Bond Law and the Bond Ordinances, it is the intent of the Township Council hereby to authorize, approve and direct the issuance and sale of such bonds, to ratify and confirm certain actions heretofore taken by or on behalf of the Township, and to make certain related determinations and authorizations in connection with such issuance and sale.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, PURSUANT TO THE LOCAL BOND LAW, AS FOLLOWS:

Section 1. Pursuant to the Local Bond Law and the Bond Ordinances, the issuance and sale of negotiable general obligation bonds of the Township, to be designated substantially "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Bonds, Series 2002C" ("Bonds"), in an aggregate principal amount of up to $4,200,000 for the Project, is hereby authorized and approved.

Section 2. The Bonds shall be dated the first day of the month in which closing occurs and shall mature on December 1 in the years and amounts set forth below:

The term of the Bonds is equal to or less than the average period of usefulness of the Project being financed through the issuance of the Bonds. Interest on the Bonds shall be payable initially on December 1, 2003 and on December 1 and June 1 in each year thereafter until maturity. The Bonds shall not be subject to redemption prior to their stated maturity dates.

Section 3. The Bonds will be issued in fully registered form. One certificate shall be issued for the aggregate principal amount of Bonds maturing in each year. Both the principal of and interest on the Bonds will be payable in lawful money of the United States of America. Each certificate will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository ("Securities Depository"). The certificates will be on deposit with DTC. DTC will be responsible for maintaining a book-entry system for recording the interests of its participants or the transfers of the interests among its participants. The participants will be responsible for maintaining records recording the beneficial ownership interests in the Bonds on behalf of individual purchasers. Individual purchases may be made in the principal amount of $5,000 through book-entries made on the books and the records of DTC and its participants. The principal of and interest on the Bonds will be paid to DTC by the Paying Agent on the respective maturity dates and due dates and will be credited on the respective maturity dates and due dates to the participants of DTC as listed on the records of DTC as of each next preceding May 15 and November 15 ("Record Dates" for the Bonds). The Bonds will be executed on behalf of the Township by the manual or facsimile signatures of the Mayor and Chief Financial Officer, attested by the Township Clerk or the Deputy Township Clerk (such execution shall constitute conclusive approval by the Township of the form of the Bonds), and shall bear the affixed, imprinted or reproduced seal of the Township thereon. The Bonds shall not be valid or obligatory for any purpose unless the Authentication Certification printed thereon shall be duly executed by an authorized officer of the Paying Agent.

Section 4. The Township is hereby authorized to make representations and warranties, to enter into agreements and to make all arrangements with DTC, as may be necessary in order to provide that the Bonds will be eligible for deposit with DTC and to satisfy any obligation undertaken in connection therewith.

Section 5. In the event that DTC may determine to discontinue providing its service with respect to the Bonds or is removed by the Township and if no successor Securities Depository is appointed, the Bonds which were previously issued in book-entry form shall be converted to Registered Bonds in denominations of $5,000, or any integral multiple thereof ("Registered Bonds"). The beneficial owner under the book-entry system, upon registration of the Bonds held in beneficial owner's name, will become the registered owner of the Registered Bonds. The Township shall be obligated to provide for the execution and delivery of the Registered Bonds in certified form.

Section 6. The appointment of Amboy National Bank, Old Bridge, New Jersey, as paying agent ("Paying Agent") for the Bonds, is hereby authorized, approved, ratified and confirmed. The Chief Financial Officer is hereby authorized to enter into an agreement with the Paying Agent for the services to be provided.

Section 7. The preparation of a preliminary official statement ("Preliminary Official Statement") relating to the Bonds, and the distribution of said Preliminary Official Statement to prospective purchasers of the Bonds and others having an interest therein, are hereby authorized and directed. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to deem the Preliminary Official Statement "final", as contemplated by paragraph (b)(1) of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ("Rule 15c2-12").

Section 8. Pursuant to Section 34 of the Local Bond Law, N.J.S.A. 40A:2-34, the Chief Financial Officer is hereby authorized and directed to sell and award the Bonds at a public sale. The sale of the Bonds shall be in accordance with the provisions of Sections 27, 30 and 32 of the Local Bond Law, N.J.S.A. 40A:2-27, 30 and 32, and the advertised terms of such public sale. The Chief Financial Officer is hereby authorized and directed to cause a summary notice of sale and a notice of sale of the Bonds to be prepared and published in accordance with Sections 30 and 31 of the Local Bond Law, N.J.S.A.

40A:2-30 and 31. At the next meeting of the Township Council after the sale and award of the Bonds, the Chief Financial Officer shall report, in writing, to the Township Council the principal amount, the rate or rates of interest, the maturity dates, the dates upon which interest on the Bonds shall be paid, the price and the purchaser or purchasers of the Bonds.

Section 9. The preparation of a final official statement ("Official Statement") with respect to the Bonds is hereby authorized and directed. Within seven (7) business days of the sale of the Bonds and in sufficient time to accompany any confirmation that requests payment from a customer, the Township will deliver sufficient copies of the Official Statement to the purchaser of the Bonds in order for the same to comply with Paragraph (b)(4) of Rule 15c2-12. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to execute the Official Statement, and the distribution thereof to purchasers and others is hereby authorized and directed. The execution of the final Official Statement by the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk shall constitute conclusive evidence of approval by the Township of the changes therein from the Preliminary Official Statement. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to approve any amendments of or supplements to the Official Statement.

Section 10. The Bonds shall be general obligations of the Township. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the Bonds and, to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 11. In order to assist the underwriters of the Bonds in complying with the secondary market disclosure requirements of Rule 15c2-12, the Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to execute on behalf of the Township before the issuance of the Bonds an agreement with the Paying Agent, as dissemination agent, providing for the preparation and filing of the necessary reports in accordance with Rule 15c2-12.

Section 12. The Township hereby covenants that it will not make any use of the proceeds of the Bonds or do or suffer any other action that would cause: (I) the Bonds to be "arbitrage bonds" as such term is defined in Section 148(a) of the Internal Revenue Code of 1986, as amended ("Code") and the Income Tax Regulations promulgated thereunder; (ii) the interest on the Bonds to be included in the gross income of the owners thereof for federal income taxation purposes; or (iii) the interest on the Bonds to be treated as an item of tax preference under Section 57(a)(5) of the Code.

Section 13. The Township hereby covenants as follows: (I) it shall timely file such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (ii) it shall take no action that would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. To the extent not otherwise exempt, the Township hereby covenants that it shall make, or cause to be made, the rebate required by Section 148(f) of the Code in the manner described in Treasury Regulation Sections 1.148-1 through 1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(g)-1, 1.150-1 and 1.150-2, as such regulations and statutory provisions may be modified insofar as they apply to the Bonds.

Section 15. Applications to Moody's Investors Service and Fitch Investors Service, L.P. for a rating of the Bonds, and the furnishing of certain information concerning the Township and the Bonds, for the purpose of qualifying the Bonds for municipal bond insurance, are hereby authorized, ratified, confirmed and approved.

Section 16. All actions heretofore taken and documents prepared or executed by or on behalf of the Township by the Mayor, Chief Financial Officer, Township Clerk, Deputy Township Clerk, other Township officials or by the Township's professional advisors, in connection with the issuance and sale of the Bonds are hereby ratified, confirmed, approved and adopted.

Section 17. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to determine all matters and execute all documents and instruments in connection with the Bonds not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinances, or by this or any subsequent resolution, and the signatures of the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk on such documents or instruments shall be conclusive as to such determinations.

Section 18. All other resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.

Section 19. This resolution shall take effect immediately upon adoption this 25th day of November, 2002.

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

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

NAYS: None.

ABSENT: President Butler.

BINGO/RAFFLE

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

RESOLUTION #573-02

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; and

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

RA08-03 Combined Societies of St. Ambrose
RA09-03 Southwood School PTA
RA10-03 St. Thomas Home School Association
RA11-03 St. Thomas Home School Association
RA12-03 St. Thomas Home School Association
RA13-03 St. Thomas Home School Association

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

AYES: Councilman Baker, Calogera, Hoff, Maher, Testino Councilwoman Panos.

NAYS: None

ABSTAIN: Councilman Greene, Vice President Redmond.

ABSENT: President Butler.

RESOLUTION AUTHORIZING CONTRACT WITH CODED SYSTEMS CORP FOR PROFESSIONAL SERVICES FOR THE PREPARATION OF THE CODIFICATION.

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

RESOLUTION #574-02 DENIED

WHEREAS, the Township of Old Bridge requires the services of Coded Systems Corp for preparation of and attendance at a meeting to discuss the Codification; and

WHEREAS, Coded Systems Corp is recognized as capable and availability to undertake such work; and

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

• A contract for professional services is authorized to be entered into with Coded Systems Corp. 120 Main Street, Avon NJ 07717 in an amount of $2,000.00 for two (2) hours; additional hours shall be $400.00 an hour. The total amount of the Agreement shall not exceed $3,000.00

• The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # Certifying the existence of a sufficient appropriation to fund the said contract.

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

This Resolution is conditioned upon the following:

• Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
  
  
• Issuance of a Certification of Availability of Funds as aforesaid.

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

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

Moved by Councilman Testino, seconded by Councilman Hoff and DENIED on the following roll call vote:

AYES: Councilman Hoff.

NAYS: Councilmen Baker, Calogera, Greene, Maher, Testino, Councilwoman Panos, Vice President Redmond.

ABSENT: President Butler.

Prior to the vote the following discussion took place

Councilman Maher: How is this process going to work? I have a problem with paying someone $1,000.00 an hour.

Attorney Ruggierio: The code company that we used to do our code book has already done their work and I guess that they have extensive notes that are probably old now, about the changes that they made. Some members of council are concerned about knowing the details of the changes that were made by the codification people. The codification people said that they would come to a meeting and go back and review their notes for a certain fee. This is the basis on which they said that they would come here. I agree with you that I don't think this is the best expenditure of money, on the other hand we do the public a disservice if we don't get this code book in place. If this is what it takes to get the codification in a state of final adoption, that okay.

Councilman Maher: I have a problem with the amount. Are they just going to review their notes?

Attorney Ruggierio: There are concerns among some council members that some of the changes may not be appropriate. I have addressed this is my memo to the council and some members still do not think that they have enough information to evaluate this. I agree that I don't want to spend this money because I think that my memo was accurate as to the changes.

Mayor Cannon: I agree with Councilman Maher and I don't know if it is going to accomplish what you are trying to accomplish. The concerns were in the Administrative Code, how the divisions of powers were laid out between administration and council. Mr. Ruggierio made a list of all the places where he made changes in the code from 1984, that is when we had the change of the form of government, there were a lot errors in the wording. I don't think that there every was a workshop on the code. I think that this is a good thing. I don't think that this woman is going to be able to answer any substantive stuff.

Vice President Redmond: Does the company have Bill's notes?

Attorney Ruggierio: I think that they only have the changes that they made. If you were to ask Ms. Macclearie, why did you make this change, I am sure that her answer will be, the lawyer told me to.

Councilman Greene: We have a December 4^th workshop scheduled, I think that we should keep it.

Vice President Redmond: We will.

Ms. Shepler: I would ask that Ms. Macclearie be notified immediately, so she doesn't have to do any research.

Mayor Cannon: I would also ask Bill to reissue his memo's because there are new council.

Attorney Ruggierio: Okay.

HEARING

Release/Reduction Performance Guarantee Renaissance at 516, LLC

Mr. Vincenti: This is one of the buildings within Mr. Heilbrunn's office complex. We are currently holding a performance bond in the amount of $29,373.30 and 10% cash deposit of $3,263.70. We have performed the inspection and all the bonded improvements are installed to our satisfaction. We are recommending a release of the performance bond subject to the posting of a maintenance bond of 15% of the original bond.

Vice President Redmond opened the public portion. Seeing no hands Vice President Redmond closed the public portion.

MOTION

by Councilman Hoff to release the performance bond, subject to posting a two year maintenance bond in the amount of 15% of the original bond, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: President Butler.

Hearing

Release\Reduction Performance Guarantee J.L.R.S. (Heilbrunn Building) T.J.B.F.B. Realty Application #12-85 Lot 35.18 Block 15567

Mr. Vincenti: There was a prior reduction for the performance bond where we are currently holding a $44,000.00 letter of credit and 10% cash. We are recommending a release of the performance guarantee, subject to the posting a two year maintenance bond in the amount of 15% of the original guarantee.

Councilwoman Panos: What do the initial of the realty company stand for?

Mr. Heilbrunn: That is the initials of the gentleman that owns the building immediately east of Dr. Lipp and Dr. Allen's building.

Vice President Redmond opened the public portion. Seeing no hands Vice President Redmond closed the public portion.

MOTION

by Councilman Hoff to release the performance bond, subject to the posting of a two year maintenance bond in the amount of 15% of the original bond, seconded by Councilman Maher and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: President Butler.

Liquor License

Plenary Consumption Person to Person Transfer N.J. Wines & Spirits,Inc. to Breakfast Club 80, LLC # 1209-33-025-003 (Pending information regarding parking spaces availability from Code.)

Vice President Redmond: We have a letter from the zoning officer.

Councilman Baker: Why is this here and not at the zoning board?

Vice President Redmond: Zoning turned it down and now they have changed it to a different use which the zoning officer said is a permitted use.

Councilman Hoff: I have a problem with this application, it was rejected by zoning and sent to council for legal reasons. It doesn't belong here, it should be referred back to the zoning board. I ask that this be tabled immediately.

Attorney Ruggierio: The application was made to transfer the liquor license and there was a pending application before the zoning board and it was decided that the zoning code did not allow for this dance hall. The plans were revised and resubmitted and is now a use that is a pre-existing non-conforming use or it is permitted under the zoning code, that is what the memo from the zoning officer implies.

MOTION

to table discussion by Councilman Hoff, seconded by Councilman Testino and so DENIED on the following roll call vote:

AYES: Councilmen Hoff, Maher, Testino, Vice President Redmond.

NAYS: Councilmen Baker, Calogera, Greene, Councilwoman Panos.

ABSENT: President Butler.

Councilman Hoff: I think that we need to refer this to the zoning board. Can we do that?

Vice President Redmond: We don't make the decision to send it to the zoning board that is done by the zoning officer.

Councilman Hoff: The zoning officer isn't here so how can we act on this when it belongs with the zoning board.

Attorney Ruggierio: John Vincenti is the head of that department and any issues concerning the validity of the zoning decision would be directed through the mayor to the department head.

Councilman Hoff: I don't think that we should hear this case if the zoning board hasn't sent it to us, it belongs back in zoning.

Mayor Cannon: They have now changed this from a dance club to a restaurant.

Councilman Testino: We really don't know what they are doing.

Attorney Ruggierio: At this point a judgment has been made by zoning that these plans as proposed (that you haven't seen yet) are in compliance with the zoning code. During the decision on whether or not to make this liquor license transfer, you are entitled to ask questions about the proposed use and see the architecturals and have all the information that you need to make an informed decision.

Councilman Testino: Do we have the architecturals here tonight?

Attorney Ruggierio: I don't know.

Vice President Redmond: I would like to know if Mr. Vincenti agrees with Mr. Serdinsky's letter.

Mr. Vincenti: Revised architecturals were resubmitted to the zoning officers and there is a recent memo dated November 20^th which addresses this issue. I will read the memo "We received architectural revisions to change the use back to the original form, which is a restaurant with a bar and entertainment. The dance floor is now proposed to be used for tables and chairs. The seating will be 200 persons and the parking is deemed to be sufficient. The new revisions will rendered the use as a permitted use and the previous application had been denied". They wanted to take out the restaurant and the zoning officer deemed that it was not a permitted use and denied the application. The applicant needed an approval from the Board of Adjustments, the applicant instead modified his plans and out a use back into the building, which was originally there. It was determined by the zoning office that it was a similar use to what previously existed and he issued a zoning permit. I have not had an opportunity to review the architectural plans. I cannot comment if the actual kitchen plan has been added back in.

Councilman Calogera: I would like to see the architecturals. I would also like know what type of equipment you will be using.

Mr. David Bruins (Applicant's Atto