Old Bridge Township, New Jersey - November 10, 2003 Minutes

A Combined Meeting of the Township Council of the Township of Old Bridge was held on November 10, 2003 in the Municipal Complex. The meeting was called to order at 7:37 p.m. by President Butler.

Moment of Silence.

President Butler requested a moment of silence in for the armed forces who serve in Iraq.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, November 17, 2003 at 7:30 p.m. in the municipal complex.

Roll call by Deputy Clerk Ward showed the following council members answering present: Councilmen Baker, Calogera, Redmond, Testino, Councilwoman Panos, President Butler. Councilman Greene arrived late. Councilmen Hoff and Maher were absent.

RESOLUTION NO. 566

BILL LIST

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of 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 November 10, 2003 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 RESOLED by the Township Council of the Township of Old Bridge that the bill listing of November 10, 2003 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 $29,871,913.35 (Accounts Payable).

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

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

NAYS: None.

ABSENT: Councilmen Greene, Hoff, Maher.

RESOLUTION NO. 567

BILL LIST

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of 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

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

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

NAYS: None.

ABSENT: Councilmen Greene, Hoff, Maher.

RESOLUTION NO. 568

BILL LIST

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of 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

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

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

NAYS: Councilmen Calogera, Testino.

ABSENT: Councilmen Greene, Hoff, Maher.

Presentation

1. Cheesequake Chiefs Baseball

Councilman Baker: This year Old Bridge had three district champions - the Sayrewood South 14 year olds, the Cheesequake 15 year olds, and the Cheesequake Babe Ruth 13 year olds. Tonight's recognition is for the Cheesequake 13 year olds who became the district champions for 2003 and their coach, Mario Ferrara, his executive board and the entire program. We want the children to know that their parents, coaches, managers, the mayor, her administration, the recreation department, the township council and the Township of Old Bridge are proud of you. These young men have received this award in the past. They were district champions as 9, 10, 11 and 12 year olds. They did it again at 13 years old. John Brunetti has allowed the children to play ball on property he owns for the past thirty-five years.

Mayor Cannon presents certificates to the ball players, and Mayor Cannon was presented with an autographed baseball from the district champions.

Certificates of Appreciation - Old Bridge Fair Sponsors and Volunteers

Mayor Cannon: This is a special evening because we get to speak about Celebrate Old Bridge Day where the community comes together and celebrates our wonderful time. We would not be able to have this if not for the volunteers, and we are here to give our thank you and to show our appreciation. We have always had people to coordinate this event, and every year this just keeps getting better.

In the past Diane Amabile, my assistant, has spear-headed it, but this year Kim LoPresti has done a fantastic job. She managed everything. Everyone who came really enjoyed the day.

(Mayor Cannon presented the following certificate to Kim LoPresti.)

Civic dedication is the measure through which achievement is attained, and therefore, the strength of every community. Thank you for organizing the 2003 Township of Old Bridge Annual Fair and for sharing in our growth and success.

Mrs. LoPresti: Old Bridge continues to be successful because of the many volunteers, business leaders and residents all working together for the common good of our town. Thanks to the parks, road departments and volunteers from the staff, cultural arts and human relations who made certain that all the day's set ups and events came off without a hitch.

John Chin, our long-time parade coordinator, and his group put together a parade that was a wonderful showcase of Old Bridge. The police department, code enforcement, Fire Marshal Tom Gerity and Paul Brown from the health department insured the safety of the event. This year our sponsors afforded us the opportunity to have top-notch entertainment and the expansion of the amusement area. We were at maximum capacity for vendors, and residents did not hesitate to come down with umbrellas in hand.

My sincerest thanks and appreciation to Mayor Cannon and the Township Council for their dedication to Old Bridge Day, and I look forward to getting started on next year's event with the new administration.

(Mayor Cannon presents certificates of appreciation to the many volunteers and sponsors.)

Council Comments.

Councilman Testino: Tomorrow at 2:00 we will have a Veteran's Day service dedicating the memorial in honor of the men and women who served our country from our town. That service will begin at 2:00 with speakers from the Veterans Affairs of the State of New Jersey, the Old Bridge Marching Knights Band and the ROTC. Shannon Connolly will be signing. All veterans and the public are welcome.

Hearing.

1. Temple Ohav Shalom - release performance guarantee.

Mr. Vincenti: The bond for Temple Ohav Shalom is a very old bond posted in approximately 1975, and has not been released. For some reason the bond was held. The property is being sold, and during the title search it was discovered that this bond in the amount of $50,000 was still attached to the property, and we have not been able to find the original of the bond. A number of months ago we met on site with the attorney representing the temple. All improvements on the old site plan were completed at the time. There were one or two items that we asked them to perform .i.e., striping on the parking lot and other minor cosmetic items.

We are recommending a release of the performance guarantee. As a secondary recommendation in light of the fact that this is almost a thirty year old development and that these are all privately held improvements, we are not recommending the traditional maintenance guarantee because of age. This is a paper bond; there was no cash posted.

Motion

To release the performance guarantee of Temple Ohav Shalom without the posting of a maintenance bond made by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

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

Hearing.

2. Amboy National Bank (Gaub Road) - release of performance guarantee

Mr. Vincenti: There were two bonds posted for this application. This guarantee in the amount of $267,501.90 was for the first phase of the bank. In 2001 there were a number of bond releases not only for this branch, but for other branches. At that time this bond was overlooked and not released. We have performed a new inspection, and we are recommending a release of this performance guarantee. We are recommending that the developer post a maintenance bond for two years.

Mr. Heilbrunn: It was my understanding that there were three bonds subject to the bond release this evening. The first one being the Gaub Road branch. Mr. Vincenti is correct that this was originally built in the early 1990's which was the date of the original bond. There was subsequently an addition done to that building. Although the bonds were placed, the original 1990 bond was never released. That is still outstanding. Because of the age of that building we had hoped that the township engineer would recommend a waiver of the maintenance bond with respect to the Gaub Road facility.

There are also the bonds that we thought were the subject matter of tonight's hearing on the two Amboy branches - one on Rt. 9 north just before Ernston Road, and the second on the southbound side of Rt. 9. We had noticed and published for the release of those performance guarantees as well. I believed from my discussions with Mr. Sumal that they had been inspected, and there would be a recommendation of their release as well. If those two banks are an issue that Mr. Vincenti needs to review further, I ask that the council release the Gaub Road bonds and consider the waiver of the maintenance bond for Gaub Road. Mr. Vincenti could look into the two other bonds which we noticed and published for this evening.

Mr. Vincenti: We are only prepared for the Gaub Road branch. What I suggest is that we continue this to the next meeting if there are no objections . . . notify those . . . this may be an oversight on our part, and at the next meeting be prepared to discuss the other two bank branches.

Mr. Heilbrunn: We request that this be without further notice and publication.

President Butler: Okay.

Mr. Heilbrunn: Will the council acting on the Gaub Road bond on which there has been a favorable report?

President Butler: We are voting on that right now.

Mr. Heilbrunn: The others will be carried until the meeting of November 24.

Motion

to release the performance guarantee of Amboy National Bank (Gaub Road) subject to posting a two year maintenance guarantee made by Councilman Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Testino.

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

Ordinance for Second Reading.

ORDINANCE NO. 52-03

ORDINANCE AUTHORIZING ACCEPTANCE OF LAND FROM ESTATE OF EDWARD RONDINELLI TO THE TOWNSHIP OF OLD BRIDGE KNOWN AS BLOCK 2150, LOT 4.12

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 Lot 4.12, Block 2150, of land within the Township of Old Bridge.

SECTION 2: ACCEPTANCE OF PROPERTY

The Township of Old Bridge does hereby accept property, located within the Township of Old Bridge and known as part of Block 2150, Lot 4.12 more fully described in the document known as “Legal Description of property, Lot 4.12, Block 2150 (portion of former Lot 4.13, Block 2150)”. The conveyance of the property shall be made by deed for the sum of ONE
DOLLAR AND 00/100 CENTS ($1.00) 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 repeated 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) the tenth day following presentment to the Mayor of the Ordinances pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

ABSENT PODIUM: Councilman Testino.

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

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

Councilman Calogera: Which land does this ordinance pertain to?

Councilman Redmond: The little league fields in Laurence Harbor.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 54-03

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AMENDING COMMUTER PARKING PERMIT FEES

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

Section 1: Commuter Parking Permit Fees by adding section 10-3.8(w) concerning commuter parking permit fees:

The Code of the Township of Old Bridge is hereby amended to add paragraph 10-3.8(w) commuter parking permit fees:

The following fees are payable during the current licensing term.

FEES: (New Section)

1. Commuter Parking Permit $25.00

2. Substitution of vehicle, i.e., new vehicle $5.00
(requires return of former issued permit)

3. Purchase of parking permit Sept. 1-Sept. 30 $5.00

4. One day parking sticker (temporary permit) $5.00

5. Car lease expires (same or new vehicle) $5.00
(requires return of former issued permit)
(copy of lease to be provided)

6. Car stolen $5.00
(copy of police report to be submitted)

7. Rental Car (temporary permit – 30 days) $5.00
(rental documents are to be provided)

8. Registration and insurance – Old Bridge address;
Driver’s license not changed yet (temporary permit – 30 days) $5.00

9. New resident – documentation not yet changed to reflect $5.00
Old Bridge address (temporary permit – 30 days)
(requires submission of documents affirming residency)

10. Failure to pass Motor Vehicle driving test $5.00
(temporary permit – 30 days)
(requires document from DMV on new testing date – if new date
more than 30 days, temporary permit maximum 60 days)

Section 2. Savings Clause.

The remaining subsections of Section 6-3.4 shall remain in full force and effect.

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 in NJSA 40A:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

AYES: Councilmen Baker, Calogera, Redmond, Testino, President Butler.

NAYS: Councilmen Greene, Councilwoman Panos.

ABSENT: Councilmen Hoff, Maher.

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

Councilman Greene: I cannot support this because the commuter parking areas have not been repaired, i.e., Jake Brown Road and the condition of our other parking areas. In addition to that there is a $5.00 fee imposed on a one-day parking permit. I think that we have a lot of residents who would like to go into Manhattan for one day for the theater. I think it is not right to be charged $5.00. I will vote "no".

Councilman Calogera: We are going to an enormous amount of expense in trying to provide parking for our residents and do so in a good environment. We are going to be redoing the "9" parking lot. It is going to be brand new. I hope that some of these monies would help the town provide better parking amenities such as Jake Brown and some other areas. I don't disagree with Rich to that extent, but I do think that the amount of work that our Clerk's office is putting in on permits is a lot, and I think that we need to cover that. I support this ordinance.

Councilwoman Panos: Why is there a fee for a stolen car?

Clerk Saracino: We have to issue another permit. The annual fee if $25. Over the past year we have encountered a number of scenarios, and these are the things that have been put into the ordinance to avoid charging someone another $25.

Councilman Baker: I would like to compliment the Clerk's office.

Discussion Ordinance. TABLED

TOWNSHIP OF OLD BRIDGE

ORDINANCE RATIFYING AND CONFIRMING $90,100.00 IN ACCUMULATED SICK LEAVE BY CHIEF THOMAS H. COLOW AND INCORPORATING
THE PROVISIONS OF ARTICLE X OF THE OLD BRIDGE TOWNSHIP COLLECTIVE BARGAINING AGREEMENT FOR SUPERIOR OFFICERS (FOP CONTRACT)

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

Section 1. Ratification of $90,100.00 due Chief Thomas Collow

The Township of Old Bridge does hereby recognize, ratify and confirm that Chief Thomas H Collow has heretofore accumulated the sum of $90,100.00 in sick leave during his service as a police officer with the Township of Old Bridge. The Township of Old Bridge determines and confirms that Chief Collow's accumulated unused sick time total of $90,100.00 shall continue to exist notwithstanding his elevation to the position of Chief of Police (a position which is not covered by a Collective Bargaining Agreement).

Section 2. Article X of the FOP Contract Shall Govern Chief Collow's Rights to Accumulate, Use and Receive Payment for Sick Leave.

In order to provide continuity and reasonable provisions for Chief Thomas Collow's future accumulation, use and payment for sick leave, the Township of Old Bridge does hereby adopt and incorporate the provisions of Article X of the Superior Officer's Collective Bargaining Agreement (FOP contract) as the basis upon which such sick leave benefit shall be administered in the future. (See copy attached hereto.). The incorporation of Article X of the FOP contract is authorized with respect to this sick leave benefit only. This Ordinance shall not be construed to be a general incorporation of the FOP contract except with respect to the sick leave benefit.

Section 3. Chief Collow's Right to Other Benefits.

Chief Thomas H. Collow's right to compensation and other benefits shall be fixed as set forth in New Jersey statutes or pursuant to relevant Ordinances of the Township of Old Bridge except with respect to sick leave rights. This Ordinance shall govern and control Chief Collow's entitlement to the use, accumulation and payment of Chief Collow's sick time.

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.

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 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 Calogera, seconded by Councilwoman Panos. NO VOTE TAKEN.

Councilman Greene: I would like the attorney to explain this ordinance.

Attorney Ruggierio: Before Thomas Collow became the Chief of Police he was a member of the FOP which is a collective bargaining agent for police sergeants, lieutenants and captains. Under the union contract they have the right to accumulate sick leave up to maximums. People on the township side who are not in the union are regulated by township ordinances. The provisions are not exactly the same. The issue came up when Chief Collow went from the bargaining unit which was essentially a union position to a non-union position and how do we deal with what looked to be $90,000 in accumulated sick time. What was proposed as a fair resolution of this matter (I think no one would think that it would be fair that you would get a promotion and lose some benefit of that nature.) Chief Collow's sick leave will continue to be administered under the FOP rules just as if he were in the union. That way it takes away any complications that might occur twenty years from now when Chief Collow decides to retire.

Councilman Greene: This is based on a contractual agreement that Chief Collow entered into whether when he joined the police department or became a lieutenant. This is a right he deserves based upon a contractual agreement, and it is the right thing for the council to approve this.

Attorney Ruggierio: It is my view that it is the right thing to do. I think it would be the view of any reasonable person that these amounts of accumulated sick leave should follow Chief Collow as chief. When I first got here, we litigated a lot of "good bye" money with respect to Messrs. Leo, Goldie, and we had all kinds of issues relating to that. Some claimed that they had an oral deal that was of a certain nature. We told them you cannot have oral deals with the township.

By making this proposal to the township council to pass an ordinance, in the future when Chief Collow retires, no one will have any question as to what his entitlement is to sick leave. They will look right at this ordinance and through it to the FOP contract, and they will be able to know what his rights are.

There are lots of complicated issues. If we were to try to meld the ordinance provisions together with the union provisions, we could get very complicated. Alayne Shepler came up with this concept. Why not just say that the provisions that Chief Collow was already subject to as a lieutenant will be the same rules that will apply to him as chief. That seemed to be simple, fair and easy to apply.

Councilman Greene: That is a very good explanation. If Chief Collow left the department six months ago, he would have been entitled to this $90,000, correct? The fair thing to do would be to support this.

Councilman Calogera: This is past sick time.

Attorney Ruggierio: This sick time deals with what you are entitled to be paid for when you leave the job. We have ordinances that govern that for people like me who are not covered by a union contract. We have contracts that deal with the teamsters. We have contracts that deal with it in the case of police. What did not appear to be correct (assuming someone would make an ugly argument twenty or thirty years from now) . . . a correct outcome would be that here Chief Collow has this $90,000 of accumulated benefit just like probably every other lieutenant and captain within the police department, and suddenly because he gets a promotion, he is going to be limited to the $7,500 under the township ordinances which seems patently unfair and inconsistent with what looks to be a vested benefit. We are asking the council to ratify this so that there is no question in the future.

Councilman Calogera: I have no problem. If the chief accrued this as a lieutenant, he has it coming to him. At a later date, at what rate will those days be paid at? Are we paying him at the rate we are paying him as chief or will it be capped at $90,000?

Attorney Ruggierio:: There are two provisions within the contract and two provisions within the ordinances because this was an evolving process on the part of the council in the past. The first thing they did in the case of ordinances and the case of the contracts is that they said that you cannot accumulate any more than a certain amount of hours - they limited the number of hours. It then dawned on previous councils that the hourly rate of people kept going up. Even though you limited the hours, the amount the township would pay got bigger and bigger. They had a second set of negotiations in the case of a contract and ordinance provisions in the case of the ordinance that state that they would limit it to a dollar amount. When I say $90,000, $90,000 means $90.000; it cannot get any bigger.

Councilman Calogera: That entitlement will not accrue over the years.

Attorney Ruggierio: The money is not exactly $90,000.

Councilman Calogera: We are capped at today's dollars. In the past we have situations which have left us vulnerable.

Councilman Baker: Does this affect anyone else in town?

Attorney Ruggierio: Is anyone else affected by this ordinance? No.

Councilman Baker: Could someone else . . .

President Butler: I think what Mr. Baker is referring to is that there is some people who have approached me who claim that they have this money coming to them, and that has never been straightened out.

Councilman Testino: How many people?

President Butler: I don't want to give you a whole list of people.

Attorney Ruggierio: Let me answer your question without getting too specific.

Councilman Baker: It was just a "yes" or "no" basically.

Attorney Ruggierio: It really isn't a "yes" or "no" in this case. We had a lot of litigation in this town where people claimed benefits based on oral understandings with previous township managers. I have heard almost every month or every quarter from people saying that sometime when there is a more friendly council, or when I can plead my case when I am getting to retire, I am going to revisit these issues. I would be happy to comment on the merit or lack thereof on each one of those cases. They are nothing like this situation where someone had an undisputed vested benefit pursuant to a union contract. To answer Mr. Baker's question, there is no one who fits into this category who is of that other group, if that is who you are referring to.

Councilman Baker: Mr. Butler, we are talking about one person or ten people?

President Butler: If I were guessing, I would say half dozen people.

Attorney Ruggierio: I think you are talking about comp time in the case of these other people, and you may be talking about the people who testified in the Goldie case - six or seven people who were looking for comp time. That was decided by the court, and that decision was about $1.5 million or more to the town. I would not go back sliding on that one.

Councilman Baker: Is there any urgency as far as acting this evening - a day, a week, a month from today?

Attorney Ruggierio: I don't think this is urgent. I really think that at some point people move on, take other positions. You are not going to have the corporate history of this. To me it is a simple matter - a question of fairness. I don't think I can say in good conscience it is urgent. I think that you should deal with it. It has been a number of months since the chief took office. It seems fair to get this resolved on a solid basis. It is not urgent.

Councilman Baker: I think anyone who gets a promotion does not deserve to lose money. I would hate to take a promotion and lose money. Having said that, I have also heard the council say that this is complicated and very detailed - lots of complicated issues, and it is too confusing. I suggest that we table it so I personally get more time to review it.

Motion

to table made by Councilman Baker, seconded by President Butler and so ordered on the following roll call vote:

AYES: Councilmen Baker, Redmond, Testino, President Butler.

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

ABSENT: Councilmen Hoff, Maher.

Subsequent to the roll call vote Councilmen Calogera, Greene and Councilwoman Panos left the dais leaving no quorum.

Attorney Ruggierio: Once there is no quorum you have no ability to either conduct a vote on an adjournment. If you are asking me if I know of anything that is urgent, I have my personal needs for the Sommers, but if you have no quorum, you cannot act on it.

Ms. Shepler: You also have a bond sale.

President Butler: Without five people I can do nothing.

Combined Meeting recesses at 8:27 p.m.
Combined Meeting resumes at 8:32 p.m.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler. Councilmen Maher and Hoff were absent.

Discussion Ordinance.

3. Vacating a portion of Brook Street (paper street)

Mr. Vincenti: This portion of Brook Street is bounded on the west by Green Street and on the east by Deep Run. This is an unimproved paper right of way with no paved improvements. A portion of one of the driveways owned by the Donahue family sits within the right of way. This is excess and would never be developed into a full road, and we support the council vacating this roadway if they chose to do so. The right of way would be apportioned down the center line, and portions of it would be given to the adjoining property owners.

Councilwoman Panos: We have a letter about the condition of that road. Have we cleaned that up?

Mr. Vincenti: My office has not evaluated that. We would have to confirm that the tree is within the township right of way.

Councilwoman Panos: When this road is divided, does that give enough land to subdivide and build additional houses?

Mr. Vincenti: No, but if that is a concern, a restriction that can be placed in the deed such as undesirable development or a prohibition against further subdivision. We would also recommend a utility easement because of the overhead utilities in this area.

Councilwoman Panos: I would hate to give these residents this land only to have them have to clean it up. I would like you to access the mess first.

Mr. Vincenti: Upon my review, I saw no debris nor anything to indicate that this property were in a state of disrepair other than noting that there was a tree downed in a storm which happens all the time.

Councilman Greene. Based upon the letter that was written by the Donohue's, if we gave them the property, they would have the responsibility to correct the problems they feel exist, i.e., the tree. I don't think that we should give them the property and clean up the property at the same time. If we are to vacate the property, they should be responsible for the property that we give them. I also support Councilwoman Panos' suggestion that we impose a deed restriction so that no one has the ability to subdivide or add houses. This should be restricted in such a way that nothing else can be built on that property.

Mr. Vincenti: I don't know that you would want to restrict any structure. It would be appropriate for someone to install a shed or an accessory structure or even an addition to their home. The language in the restriction should be clear and I think the intent of the council would be to prohibit further dwelling units or further density.

Councilman Greene: That is what I meant.

President Butler: We will put this ordinance up for first reading next meeting.

4. Vacating Old Road to Englishtown Road.

Mr. Vincenti: Historically, Englishtown Road had been in this area and over the years has since been abandoned. The area in question is on the south side of Texas Road west of Englishtown Road. A portion of this paper street backs up to a large tract that has been developed as the Matchaponix Hills development. There are a number of new homes that back up to this paper road. In addition to that Lots 43 and 44 are owned by the same property owner which is Arbe Landscaping who has requested this. This is excess and does not show up on the master plan. I see no utility in the town maintaining the paper street. I recommend that this be vacated because the property is not being maintained and there is no need for it.

Councilman Calogera: What is the total length?

Mr. Vincenti: The length is approximately 1800 to 1900 feet.

Councilman Calogera: We have traffic problems. Is there a way that residents could use that road for travel?

Mr. Vincenti: No, when I reviewed the alignment to the rear of the homes that have recently been constructed in Matchaponix Hills, most of the area is designated as wetlands. This runs down to Matchaponix Brook where there is a large wetland area and flood plain. I don't believe that it can be developed and would serve no purpose as a cut through to Matchaponix Road. This would be a cut through from Texas to Matchaponix Road. I don't see the need for that with what is going on in the area.

Councilman Calogera: My concern is that if this is a possible cut through that this is something that we may want to keep on he books. There is a lot of development and a lot of traffic.

Mr. Vincenti: If you were to use this right of way, there would be residents who would have a road in their back as well as the front. This paper street heads off in the direction of environmentally sensitive areas - wetlands and flood plains. I believe there can be a viable roadway beyond the paper street given the DEP restrictions.

President Butler: We will put this ordinance for first reading next meeting.

Councilman Calogera: What is the carriage way?

Mr. Vincenti: This is a 50 foot wide right of way by 1800 feet. It is going to be divided up among homes in Matchaponix Hills. Part of it will go to the Stasi Farm; part to the owner of Lot 41.12 and part to the owner in joint of Lots 43 and 44 which is Arbe. There will be eight or ten landowners involved.

Councilman Greene: Please spell that out for the next meeting.

Discussion

4. Cyrstal Homes - vacation of a portion of roadway. TABLED

Mr. Vincenti: (Distributes map for council review) This has been requested by the owner of Lot 2. There is a survey attached to your packet. Heilbrunn sent a letter on behalf of Crystal Homes. They have requested that the council entertain vacation of a paper right of way known as a "Portion of Ticetown Road" located off of Marlboro Road in close proximity to Southwood Drive. This is an old paper street that is not utilized. There are some sewer utilities in this paper street, but you have approximately twelve homes that front on Southwood Drive, and backup on this paper street. There are some encroachments on to the paper right of way from some of the homes that front on Southwood Drive. People have started creeping into this area with fences and one or two sheds. This is a relatively wooded area, but appears to be cleared because of the utilities that went through there. It isn't a dense underbrush. This is a right of way that in my opinion I would not recommend improving and paving for a number of reasons - where this comes in and intersects Marlboro Road in close proximity to Southwood Drive, it would really create a traffic hazard to bring the road in that area. You have a situation where a new road would be constructed in residents' backyards. These are smaller lots, and you would have a situation where you have homes fronting on Southwood and Andover and a street right behind them. This is excess paper right of way that is not used. I think that we would seek to have appropriate utility easements seek to put the deed restrictions that we discussed earlier, but we have no objection if the council looks favorably on vacating this portion.

Councilman Calogera: With respect to Ticetown, is that the portion which is in Aberdeen?

Councilman Greene: It is in Ward 5; a paper street parallel to Amboy Road. I get a little suspect because the owner of this property who is asking for the vacation is building a house. I know the property is in such a design that he had to squeeze the house in a certain spot because of wetlands. When residents were notified that the house was going to be built, they had concerns. What does the vacation of Ticetown Road do for the owner of the property who is building the house?

Mr. Vincenti: I see no benefit other than adding yard area and additional land to the property.

Councilman Greene: I would like to know how much land he would acquire, and what would be the benefit. If I am going to look favorably on this, I would like to be sure that the condition (subdividing and building another house) would be permitted if we do vacate this property.

Mr. Vincenti: Attached to the letter we received was a copy of the property survey.

Councilman Greene: We received very little on this application.

Mr. Vincenti: It came in very late.

Councilman Greene: I would like information as to what the benefit would be to the owner of this property who is currently building a house.

Councilman Testino: Let's put this off to the next agenda.

Mr. Vincenti: The benefit is clear, and it gives them a little better of a yard area.

Councilman Greene: I would like to know how much.

Mr. Vincenti: It would be twenty-five feet wide by the entire length. It is very long. It is probably about three or four hundred feet.

Councilwoman Panos: I would like a chance to see this for myself.

Councilman Baker: I support tabling this for more information.

Motion

to table made by Councilman Greene, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Consent Agenda

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

RESOLUTION NO. 569

RESCINDING RESOLUTION NO. 562 AUTHORIZING A TEMPORARY EMERGENCY BUDGET APPROPRIATION IN THE AMOUNT OF $2,342,167.00

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

WHEREAS, Resolution No. 562 was adopted by the Township Council of the Township of Old Bridge on October 27, 2003; and

WHEREAS, only five affirmative votes were cast for said resolution; and

WHEREAS, it was realized that six affirmative votes were needed passage of this resolution.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Resolution No. 562 is hereby rescinded.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

RESOLUTION NO. 570

AUTHORIZING TEMPORARY BUDGET APPROPRIATION

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

WHEREAS, there will be a delay in the adoption of the 2004 Township of Old Bridge, County of Middlesex, New Jersey Local Municipal Budget; and

WHEREAS, if additional funds are not budgeted for the following, the public welfare will be adversely affected.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey, that in accordance with N.J.S.A. 40A:4-20, an emergency temporary appropriation be and same is hereby made for in the amount of $2,342,167.00 and that said emergency temporary appropriation shall be provided in full in the 2004 budget. (See attached)

Current Budget
Other Expenses $2,290.667.00
Arena Utility
Other Expenses 51,000.00
TOTAL: $2,342,167.00

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

RESOLUTION NO. 571

AUTHORIZING WAIVER OF FEES FOR VFW POST NO. 9468 TO HOLD THEIR ANNUAL LOYALTY DAY CELEBRATON PROGRAM

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

WHEREAS, the Veterans of Foreign Wars Post No. 9468 has requested permission to hold their Annual Loyalty Celebration Program at the Recreation Hall on Sunday, May 2, 2003 between 2:00 p.m. and 6:00 p.m.; and

WHEREAS, the Veterans of Foreign Wars has requested that the fees in the amount of $60.00 be waived.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Veterans of Foreign Wars request for a waiver of the fees in the amount of $60.00 is hereby granted.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

RESOLUTION NO. 572

REINSTATING RESOLUTION NO. 187 APPROVING THE RELEASE OF THE PERFORMANCE GUARANTEE FOR SOMERSET TIRE SERVICE INC.

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

WHEREAS, on March 24, 2003 the Township Council by Resolution No. 187 authorized the release of land disturbance performance guarantee for Block 13000, Lot 9.11 for Somerset Tire Service, Inc.; and

WHEREAS, this authorization encompassed a bond for $11,485.24 - 10% cash $12,489.36 (land disturbance); and a bond for $80,374.96 - 10% cash $8,930.55 (site improvements); and

WHEREAS, Somerset Tire Service, Inc. failed to comply with the provisions of Resolution No. 187; and

WHEREAS, on June 9, 2003 by Resolution No. 301, the Township Council rescinded the approval granted by Resolution No. 187; and

WHEREAS, subsequent to Resolution No. 301 Somerset Tire Service Inc. submitted the required maintenance guarantees which have been approved by the legal department as acceptable.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that approval is hereby granted to reinstate the conditions of Resolution No. 187 approving the release of the above mentioned performance guarantee.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

RESOLUTION NO. 573

AUTHORIZING THE RENEWAL OF LICENSE FOR OLD BRIDGE RACEWAY PARK, INC. FOR THE YEAR 2004

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

WHEREAS, the license for Old Bridge Raceway Park, Inc. is hereby renewed for the year 2004 subject to the following:

1. Old Bridge Raceway Park, Inc. make periodic announcements requesting the patrons refrain from disposing litter on the roads when exiting the park and that the patrons leave the park and drive through the town in a quiet and orderly manner; and

2. No un-muffled motors will begin prior to 10:00 a.m. and that un-muffled racing will cease at 10:00 p.m. with the exception of three (3) special evenings events, one each in June, July and August.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

RESOLUTION NO. 574

AUTORIZING SUBORDINATION OF CDBG MORTGAGE FOR PROPERTY LOCATED AT 62 STEVENS AVENUE (BLOCK 15509, LOT 717) TO LINDA ROCHA

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

WHEREAS, the Township of Old Bridge received a mortgage on a certain property in connection with its Community Block Grant program; and

WHEREAS, the owner of the said property wishes to refinance the property; and

WHEREAS, a condition of the new financing is the subordination of the existing second mortgage held by the Township of Old Bridge.

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

1. The mortgage in favor of the Township of Old Bridge in the amount of $11,370.00 may be subordinated for $82,000.00 (new mortgage) on the property located at 62 Stevens Avenue, Old Bridge, NJ, Block 15509, Lot 717 assessed to Linda Rocha.

2. The Mayor and Township Clerk are hereby authorized to execute all such documents necessary to give effect to this subordination.

3. Any documents required to effectuate the terms of this authorization shall be approved by the Township Attorney.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

RESOLUTION NO. 575

AUTHORIZING THE ISSUANCE AND SALE OF UP TO $5,000,000 OF GENERAL OBLIGATION BONDS, SERIES 2003A AND UP TO $675,000 OF TAXABLE REFUNDING BONDS, SERIES 2003B, OF THE TOWNSHIP OF OLD BRIDGE; MAKING CERTAIN TAX COVENANTS; AND AUTHORIZING SUCH FURTHER ACTIONS AND MAKING SUCH DETERMINATIONS AS MAY BE NECESSARY OR APPROPRIATE TO EFFECTUATE THE ISSUANCE AND SALE OF EACH SERIES OF THE BONDS

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

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 heretofore issues its Bond Anticipation Notes of 2003, Series B, in the amount of $2,432,500, as set forth in Exhibit "A" ("Prior Notes"), to finance a portion of the cost of the improvements authorized by the Bond Ordinances; and

WHEREAS, the Prior Notes mature on February 4, 2004; and

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

WHEREAS, it is the desire of the Township to issue its general obligation bonds in the aggregate principal amount of up to $5,000,000, as further described in Exhibit "A", the proceeds of which will be used to: (i) repay a portion of the principal of the Prior Notes; and (ii) pay the costs of the New Improvements (collectively, the "Project"); and

WHEREAS, the Township has unfunded accrued liabilities in the Public Employees' Retirement System under an early retirement incentive program previously adopted by the Township ("ERI Pension Fund Liabilities"); and

WHEREAS, the Township has the opportunity to economically refinance the ERI Pension Fund Liabilities and realize significant financial savings; and

WHEREAS, on July 14, 2003, the Township Council, pursuant to the provisions of the Local Bond Law, introduced an ordinance entitled, "REFUNDING BOND ORDINANCE PROVIDING FOR THE RETIREMENT OF UNFUNDED ACCRUED LIABILITIES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM UNDER AN EARLY RETIREMENT INCENTIVE PROGRAM PREVIOUSLY ADOPTED BY THE TOWNSHIP; AUTHORIZING THE ISSUANCE OF UP TO $675,000 OF TAXABLE REFUNDING BONDS OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, TO FINANCE THE COST THEREOF; MAKING CERTAIN DETERMINATIONS AND COVENANTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING" ("Refunding Bond Ordinance"); and

WHEREAS, pursuant to Local Bond Law, the Local Finance Board, Division of Local Government Services, New Jersey Department of Community Affairs ("Local Finance Board"), at a meeting held on August 13, 2003, adopted a resolution authorizing the Township Council to finally adopt the Refunding Bond Ordinance; and

WHEREAS, on August 25, 2003, the Township Council, after a public hearing, finally adopted the Refunding Bond Ordinance; and

WHEREAS, pursuant to the Refunding Bond Ordinance, the Township is authorized to issue its refunding bonds in the aggregate principal amount up to $675,000 to refund the ERI Pension Fund Liabilities, as described in the Refunding Bond Ordinance ("Refunding Project"); and

WHEREAS, pursuant to the Local Bond Law, the Bond Ordinances and the Refunding Bond Ordinance 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 (NOT LESS THAN TWO-THIRDS OF ALL THE MEMBERS THEREOF AFFIRMATIVELY CONCURRING), 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 2003A" ("2003A Bonds"), in an aggregate principal amount of up to $5,000,000 for the Project, is hereby authorized and approved.

Section 2. Pursuant to Local Bond Law and the Refunding Bond Ordinance, the issuance of negotiable refunding bonds of the Township in the aggregate principal amount of $675,000, to be designated, substantially, "Township of Old Bridge, County of Middlesex, New Jersey, Taxable Refunding Bonds, Series 2003B" ("2003B Bonds" together with the 2003A Bonds, the "2003 Bonds"), for Refunding Project, is hereby authorized, approved, ratified and confirmed.

Section 3. The 2003A Bonds shall be dated the first day of the month in which closing occurs and shall mature on July 1 in the years and amounts set forth below. The 2003B Bonds shall be dated the first day of the month in which closing occurs, shall be in the aggregate principal amount up to $675,000 (as determined by the Chief Financial Officer), and shall mature on July 1, 2009.

Year 2003A Bonds
2004 $200,000
2005 200,000
2006 200,000
2007 200,000
2008 200,000
2009 400,000
2010 400,000
2011 400,000
2012 400,000
2013 400,000
2014 400,000
2015 400,000
2016 400,000
2017 400,000
2018 400,000

The term of the 2003A Bonds is equal to or less than the average period of usefulness of the Project being financed through the issuance of the 2003A Bonds. Interest on the 2003 Bonds shall be payable initially on July 1, 2004 and on January 1 and July 1 in each year thereafter until maturity.

Section 4. The 2003B Bonds shall not be subject to redemption prior to their stated maturity dates. The 2003A Bonds maturing on and after July 1, 2014 are subject to redemption prior to their stated maturity dates at the option of the Township, upon notice as set forth below, as a whole or in part (and, if in part, such maturities as the Township shall determine and within any such maturity by lot) on any date on and after February 1, 2013, at a redemption price equal to 100% of the principal amount of 2003A Bonds to be redeemed, plus accrued interest to the redemption date.

Section 5. Notice of redemption shall be given by mailing first class mail in a sealed envelope with postage pre-paid not less than thirty (30) days nor more than sixty (60) days prior to the redemption date to the owner of every 2003A Bond of which all or a portion is to be redeemed at his or her last address, if any, appearing on the registration books of the Paying Agent (hereinafter defined). So long as the 2003A Bonds are issued in book-entry-only form, all notices of redemption will be sent only to the Securities Depository (hereinafter defined) and not be sent to the beneficial owners of the 2003A Bonds. Failure of an owner of the 2003A Bonds to receive such notice or of the Securities Depository to advise any participant or any failure of a participant to notify any beneficial owner of the 2003A Bonds shall not affect the validity of any proceedings for the redemption of 2003A Bonds. Such notice shall specify: (i) the series and maturity of the 2003A Bonds to be redeemed; (ii) the redemption date and the place or places where amounts that are due and payable upon such redemption will be payable; (iii) if less than all of the 2003A Bonds are to be redeemed, the letters and numbers or other distinguishing marks of the 2003A Bonds to be redeemed; (iv) in the case of a 2003A Bond to be redeemed in part only, the portion of the principal amount thereof to be redeemed; (v) that on the redemption date there shall become due and payable with respect to each 2003 Bond or portion thereof to be redeemed the redemption price; and (vi) that from and after the redemption date interest on such 2003A Bonds or portion thereof to be redeemed shall cease to accrue and be payable.

Section 6. The 2003 Bonds will be issued in fully registered form. One certificate for each series shall be issued for the aggregate principal amount of the Refunding Bonds and the Bonds maturing in each year. Both the principal of and interest on the 2003 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 2003 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 2003 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 December 15 and June 15 ("Record Dates" for the 2003 Bonds). The 2003 Bonds will each 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.

Section 7. 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 2003 Bonds will be eligible for deposit with DTC and to satisfy any obligation undertaken in connection therewith.

Section 8. In the event that DTC may determine to discontinue providing its service with respect to the 2003 Bonds or is removed by the Township and if no successor Securities Depository is appointed, the 2003 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 2003 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 9. The appointment of i-Deal, LLC, New York, New York ("Printer"), to provide electronic dissemination and physical printing services for the Township with respect to the Preliminary Official Statement and Official Statement (hereinafter defined) and to provide electronic bidding services associated with the sale of the Bonds is hereby authorized, approved, ratified and confirmed. The Chief Financial Officer is hereby authorized and directed to enter into an agreement with the Printer for the services to be provided.

Section 10. The preparation of a preliminary official statement ("Preliminary Official Statement") relating to the 2003 Bonds, and the distribution (by electronic and/or physical means) of said Preliminary Official Statement to prospective purchasers of the 2003 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 11. Pursuant to Section 34 and Section 59 of the Local Bond Law, N.J.S.A. 40A:2-34 and 59 respectively the Chief Financial Officer is hereby authorized and directed to sell and award the 2003 Bonds at a public sale. The sale of the 2003 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 2003 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 2003 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 2003 Bonds.

Section 12. The preparation of a final official statement ("Official Statement") with respect to the 2003 Bonds is hereby authorized and directed. Within seven (7) business days of the sale of the 2003 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 2003 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 13. The 2003 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 14. In order to assist the underwriters of the 2003 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 Amboy National Bank, Old Bridge, New Jersey, as dissemination agent, providing for the preparation and filing of the necessary reports in accordance with Rule 15c2-12.

Section 15. The Township hereby covenants that it will not make any use of the proceeds of the 2003A Bonds or do or suffer any other action that would cause: (i) the 2003A 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 2003A Bonds to be included in the gross income of the owners thereof for federal income taxation purposes; or (iii) the interest on the 2003A Bonds to be treated as an item of tax preference under Section 57(a)(5) of the Code.

Section 16. 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 2003A Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 17. 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 2003A Bonds.

Section 18. The Township hereby designates the 2003A Bonds as "qualified tax-exempt obligations" as defined in and for the purposes of Section 265(b)(3) of the Code. For purposes of this designation, the Township hereby represents that: (i) during the period from January 1, 2003 through and including the date hereof, the Township has not issued tax-exempt obligations in an amount which, when added to the aggregate principal amount of the 2003A Bonds, exceeds $10,000,000; (ii) during the period from January 1, 2003 through and including the date hereof, the Township has not designated as "qualified tax-exempt obligations" bonds or other tax-exempt obligations in an amount which, when added to the aggregate principal amount of the 2003A Bonds, exceeds $10,000,000; and (iii) it reasonably anticipates that the amount of tax-exempt obligations to be issued by the Township during the period from January 1, 2003 to December 31, 2003, and the amount of obligations designated as "qualified tax-exempt obligations" by it, will not exceed $10,000,000 when added to the aggregate principal amount of the 2003A Bonds.

For purposes of this Section 18, the following obligations are not taken into account in determining the aggregate principal amount of tax-exempt obligations issued by the Township: (i) a private activity bond as defined in Section 141 of the Code (other than a qualified 501(c)(3) bond, as defined in Section 145 of the Code); and (ii) any obligation issued to refund any other tax-exempt obligation (other than to advance refund within the meaning of Section 149(d)(5) of the Code) as provided in Section 265(b)(3)(c) of the Code.

Section 19. Applications to Moody's Investors Service and Fitch Investors Service, L.P. for a rating of the 2003 Bonds, and the furnishing of certain information concerning the Township and the 2003 Bonds, for the purpose of qualifying the 2003 Bonds for municipal bond insurance, are hereby authorized, ratified, confirmed and approved.

Section 20. The Mayor, Chief Financial Officer and Township Clerk are each hereby authorized to pay the costs associated with the issuance of the 2003B Bonds; provided, however, that such costs do not exceed the maximum amounts set forth in the application submitted by the Township to the Local Finance Board in connection with the adoption of the Refunding Bond Ordinance.

Section 21. 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 2003 Bonds are hereby ratified, confirmed, approved and adopted.

Section 22. 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 2003 Bonds not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinances, the Refunding Bond Ordinance 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 23. All other resolutions including a resolution adopted on September 8, 2003 authorizing the issuance and sale of the 2003B Bonds, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.

Section 24. This resolution shall take effect immediately upon adoption this 10th day of November 2003.

Exhibit "A"
TOWNSHIP OF OLD BRIDGE

Ordinance Number Bonds or Notes Authorized 2003 Series A Notes Outstanding Bonds to be Issued
37-03 $238,000; $238,000
17-03 2,415,000; 2,216,000
16-03 65,000; 65,000
15-03 135,000; 135,000
14-03 245,000; 245,000
22-02 150,000; 70,000
19-02 380,000; 252,000
15-02 200,000; 42,500
14-02 2,200,000; 25,500
19-01, as amended by 61-02 3,467,500; $2,432,500; 1,711,000
Total $9,495,500; $2,432,500; $5,000,000

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

RESOLUTION NO. 576

GRANTING MARIA XOURIS A LEAVE OF ABENCE WITHOUT PAY IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PERS GROUP LIFE INSURANCE COVERAGE

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

WHEREAS, group life insurance is provided for members of the Public Employees Retirement System (PERS) effective January 1, 1956 by act of the State Legislature; and

WHEREAS, both noncontributory and contributory benefits are made available to employees who meet the eligibility requirements; and

WHEREAS, when a member is granted an official leave of absence without pay, the noncontributory and contributory insurance will continue for up to two years while on leave due to illness provided the public employer approves the leave by formal action; and

WHEREAS, at the end of the two year period of time, the member is permitted to convert the group policy to an individual policy.

NOW, THEREFORE, BE IT RESOLVED that the leave of absence will become effective as of November 18, 2003 and notification of said leave will be provided to the Division of Pensions by Marsha Rosenbaum, Director of Human Resources, and a copy of this resolution shall also be provided to Maria Xouris.

BE IT FURTHER RESOLVED that the leave of absence of Maria Xouris is formally recognized having been heretofore authorized by the mayor, and it is understood that the mayor may terminate the said leave of absence recognized under this resolution at any time and/or for any reason.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

RESOLUTION NO. 577

PROVIDING SETTLEMENT OF SOMMER VS TOWNSHIP OF OLD BRIDGE; PROVIDING RELATED SETTLEMENTS WITH TOWNSHIP INSURANCE CARRIERS AND DIRECTING THE PREPARATION OF A CAPITAL FUNDING ORDINANCE FOR ACQUISTION OF LOT 13A, BLOCK 4185 ON THE TAX MAP OF THE TOWNSHIP OF OLD BRIDGE

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

WHEREAS, the Township of Old Bridge has been involved in litigation entitled "Estate of Sigmund Sommer, et al vs Township of Old Bridge" since the year 1988; and

WHEREAS, numerous attempts have been made over more than a decade to resolve the said litigation; and

WHEREAS, a comprehensive settlement has been reached between the Township of Old Bridge and the plaintiff, together with the Township's numerous insurance carriers; and

WHEREAS, the Township Council wishes to authorize settlement of the said litigation.

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

1. The Mayor, Clerk and Township Attorney are hereby authorized to take any and all steps necessary to execute and deliver the Agreement placed on file with the Township Clerk entitled :

"Release and Settlement Agreement between Township of Old Bridge and Estate of Sigmund Sommer and all Trustees and/or Executors thereof; Jack Sommer, individually and as Trustee of the Trust under Article Sixth of the Will of Sigmund Sommer; Viola Sommer, individually and as a Trustee in Dissolution to Sommer Brothers Construction Company, Inc., and as Executrix under the Will of Sigmund Sommer and for the Estate of Sigmund Sommer, and as Trustee under Article Sixth of the Will of Sigmund Sommer, and as Trustee in Dissolution to Sommer Brothers Construction Company, which merged with Reliance Associates, Inc. (hereinafter "Plaintiffs") and The Estate of Abraham Sommer and all Trustees and/or Executors thereof; Beverly Sommer, Individually, as a Trustee of the Trusts under Articles Fifth and Ninth of the Will of Abraham Sommer, as Executrix under the Will of Abraham Sommer and for the Estate of Abraham Sommer; Amy Sommer, Individually and as a Successor Co-Trustee of the Trusts under Articles Fifth and Ninth of the Will of Abraham Sommer (hereinafter the "Potential Third Party Defendants").

2. The Township Attorney is authorized to prepare and/or see to the execution of Settlement Agreements with the Township's insurance carriers for the purpose of funding remediation of the property which is the subject of the above Release and Settlement Agreement as follows:

Admiral Insurance $10,000.00

Agreement complete

Newark/Royal $1,486,235.00

Agreement incomplete - to be substantially consistent with other agreements authorized by this Resolution. (This carrier is paying policy limits.)

Ambassador Insurance
(New Jersey Insurance Guaranty Insurance Fund) $300,000.00

Agreement incomplete - requires execution. Agreement form on file with the Township Clerk

Hartford Insurance $150,000.00

Agreement incomplete - to be substantially consistent with other agreements authorized by this Resolution. (This carrier is paying policy limits.)

Harleysville Insurance $25,000.00

Agreement requires miscellaneous final negotiations to be substantially in accord with other negotiated agreements.

Commercial Union $13,500.00

Agreement requires miscellaneous final negotiations to be substantially in accord with other negotiated agreements. (Complete settlement no right to reopen litigation as to this carrier.)

Middlesex JIF $10,000.00

Agreement requires miscellaneous final negotiations to be substantially in accord with other negotiated agreements. (Complete settlement no right to reopen lit8igation as to this carrier.)

Insurance Company of North America $150,000.00

Contingent agreement - Agreement fully drafted and placed on file with the Township Clerk. Agreement provides that litigation can be reopened if total funding cannot fund the remediation and the required insurance purchases.

Penn National $15,000.00

Contingent agreement - Agreement fully drafted and placed on file wit the Township Clerk. Agreement provides that litigation can be reopened if total funding cannot fund the remediation and the required insurance purchases.

USF&G $2,200,000.00

AIG $1,470,000.00

Chicago Insurance $10,000.00

National Grange $50,000.00

3. Any excess funding collected from insurance carriers above $6,000,000.00 shall be applied to satisfaction of the Township's $850,000.00 claim for its share of remediation costs in connection with the Global landfill.

4. Bond counsel for the Township of Old Bridge shall immediately prepare a capital ordinance to provide a sufficient appropriation to acquire the 234 (+/1) acre Sommers property, also known as described as Lot 13A, Block 4185 on the Tax Map of the Township of Old Bridge. The purchase price is to be $8.5 million dollars and the appropriation Ordinance shall provide at least $250,000 for remediation work at the property and shall also provide for the maximum amount of Section 20 expenses associated with the project. The exact amount of remediation funding and Section 20 expenses shall be in accord with the recommendation of the Township Finance Director.

5. This settlement is wholly contingent upon the adoption and legal efficacy to (a) the capital funding Ordinance for acquisition referenced in this Resolution and (b) the adoption of an Ordinance pursuant to the Local Land and Building Law authorizing acquisition of Lot 13, Block 4185 on the tax map of the Township of Old Bridge.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

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

Councilman Greene: I asked that this be separated so that the attorney could give me a list of the elements that we are voting on tonight.

Attorney Ruggierio: The resolution authorizes the adoption of the comprehensive agreement, a copy of which I have given to the Clerk, entitled "The Release and Settlement Agreement between the Township of Old Bridge and the Estate of Sigmund Sommer" (and other entities related to Sigmund Sommer). It also authorizes the township to receive the following monies from its insurance carriers. There are notations in the resolution about the status of the agreements and also the nature of the agreements with these various settlements. These amounts total a little more than $6 million; Admiral Insurance $10,000; Newark Royal Insurance $1,486, 235; Ambassador I