OLD BRIDGE TOWNSHIP COUNCIL
AENDA MEETING
June 21, 2004
An Agenda Meeting of the Township Council of the Township of Old Bridge was held on Monday evening, June 21, 2004 at the Cheesequake Village Senior Center. The meeting was called to order at 7:45 p.m., by President Baker who invited 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 was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Greene, Volkert, Councilwoman Panos, President Baker. (Councilman Testino arrived at 8:10 p.m.; Councilmen Calogera, Gillespie and Maher were absent).
PUBLIC COMMENTS
Marty Borelli: am a resident of Cheesequake Village. I would like to thank the Public Works Department of the Township and the MUA for the job that they did on Galewood Drive. There was a crack in the water pipe which they repaired and paved over. The work was completed in four days and I want to thank the Mayor and the Council as well.
President Baker: Before we ask the next speaker to come forward, I want to introduce Mayor Jim Phillips and ask him to introduce his staff to you.
Mayor Phillips: I am going to call upon my business administrator, Michael Jacobs to introduce the staff members.
Administrator Jacobs: I would like to introduce Police Chief Collow; Carol Berlen, assistant legal counsel, Natasha Turchan, Finance Department, Tom Badcock, Recreation Department, John Vincenti, Engineer, Rocky Donatelli, Public Works Department, Jerry Convery, Township Attorney.
President Baker: Also at the table is Stella Ward, Deputy Township Clerk and Vivian Owen, Assistant Deputy Clerk.
PUBLIC COMMENTS (Cont'd)
Phyllis Gomulka: I live on Gordon Road. I have several questions, the first is question is I would like to know if anything is going on with the proposed train station?
President Baker: I will try to get an answer for you, but you said you had other questions.
Phyllis Gomulka: Every year when you have a meeting here I bring this up. These people need sidewalks to go to the traffic light. The sidewalks now are from Cheesequake Village to Parks Edge, from there is a very deep curve, where you cannot see oncoming cars. I have requested that sidewalks be put in and nothing is done. I was told that there are issues with the ground not being level and it would cost a lot of money to do this. These people are walking on the grass and tripping and they cannot see the cars coming and they try to cross over to the other side and it is a very dangerous situation. Right now school is out and these kids walk that street to go fishing, people jog on that street into the park and they bicycle there too, we really need the sidewalks. If you are not going to do that, then at the bend in the road there is a house owned by Mr. Marx and he has hedges which are very close to the street and if those hedges were removed you could probably see oncoming cars from the other direction. I myself when pulling out of my driveway take a chance and it is just an accident waiting to happen.
The other thing is Jake Brown Road, are you still working on trying to open it up because it would eliminate a lot of Rt. 516 traffic for people on this end of town that have to go further down Rt. 516 to the other end of town.
President Baker: Those are all very good questions and I don't know if we can respond to all of them. Our township engineer is here and we will call on him to answer some if not all of your questions. We will also ask Michael Jacobs to follow-up on these items and he will get back to you.
John Vincenti: With regard to the current status of the train station, I know the developer who controls the property Mr. Alfieri, was seeking some appropriation through New Jersey Transit. There were a number of meetings, however at this point, there are no plans for this station.
As far as the sidewalks are concerned, since I have been here we have sought on a number of occasions to get some grant money to construct the sidewalks that would go from Parks Edge development all the way out. The problems there are threefold. First of all we would need to acquire right-of-way to physically be able to construct this sidewalk. The second issue is one that concerns the edge of the road which contains a steep drop-off and you have some freshwater wetlands in that area, so there is a problem there. We evaluated both sides of the road and it makes sense to put it on the far side because it is my understanding that dealing with the Marx family and trying to obtain permission from them might be difficult. Recently, we got some grant applications from the State of New Jersey and one of the criteria is for bikeways and walkways and we are currently evaluating that as well as some other potential walkways projects for which we might obtain DOT grant funding. As a matter of fact we are looking at three areas in town, Gordon Road, an area of Rt. 516 and Ferry Road, we will prioritize them and hopefully get some grant money and then move forward. We will also have to do some environmental studies as well as get some right-of-way applications.
President Baker: What is right-of-way?
John Vincenti: We have to purchase property for easements on property in order to put in the sidewalk improvement. The township does not own enough land outside of where the roadway is paved to safely construct the sidewalk, a safe enough distance away from the edge of the pavement. You have a steep drop off at the edge and you would basically have to take out the hedges and then construct a walkway a distance off the roadway which may put the sidewalk literally inches from the front of the house. If you are living in that house I don't know if that is something that you would see in your best interest. Also, the property that the hedges screen gives the homeowner a degree of privacy so they would in all likelihood object to the taking down of those hedges. With regard to Jake Brown Road, I assume you are talking about a potential connection on the west side of Rt. 9 and Rt. 516, we have placed that on the long term capital projects list and we have recommended three phases. The first phase would be the construction in the area where the Nike property is currently located and which the township is pursuing because of the transportation enhancements in the Master Plan. The second phase of the improvements are in the area of Blonder-Tongue property, there is a developer in that area that is going to be constructing a project called North Woods Manor. The final phase is going to be some acquisition of properties and wetland matters. I think that we budgeted $2 million dollars for the entire project, that was our estimate, however no money has been budgeted or appropriated for that project, it is on our long term capital projects list.
President Baker: I would like Mike Jacobs to take these three items as “action” items and respond back to the homeowners association, the train station, the sidewalks and Jake Brown Road, with written documentation within thirty days.
Phyllis Gomulka: I live very close, maybe ten feet from the edge of the road, and people walk on my property all the time which I don't mind otherwise they have no where to walk. How can you not be able to cut down hedges that are detrimental to people's lives, can't they be forced to cut them down?
President Baker: I understand your frustration. I would like to take a new look at this. We cannot have you come back year after year and show your concern and not respond. We will look at this and will get back to you.
Lou Lesido: Actually, with regard to the blind spots in that road, there are two, one on either side of the hedges. These hedges are right on the road, is that permissible? It is impossible to see the other side of the road. It is very dangerous especially now during the summer when kids are walking on the road.
President Baker: We have gotten a commitment from the engineer through our attorney and our new business administrator that we will specifically look at this issue and get back to you within a fourteen day period through your association. You have to be willing to accept our findings.
John Antoniszyn: I have been a resident of Cheesequake Village for 32 years. I would like this Council to recognize Mike Ruffley for doing a wonderful job here in Cheesequake Village on behalf of the senior citizens of this community.
President Baker: If it is okay with you John, I will ask administration to put this on next week's agenda to recognize Mike Ruffley in front of the town as well as the television.
Lou Valentino: Regarding Ordinance 43-02, Councilman Butler put that on the agenda and I want to know why it was removed.
Attorney Convery: One of the things is and I think you know that my office has been cooperating with you in trying to get compliance with the ordinance. I have stated that when the ordinance was initially drafted, it did not have “teeth”, there was no penalty provided, so as you know I have contacted the judge and said that if you get any new people in, he can order them to comply with the sign ordinance aspect. Secondly, my office has written to each of the parties found guilty, notified them of the ordinance, sent certified letters and asked them to comply. As a result of your comments at a recent meeting, we sent second notices to the three parties that have not corresponded with me and I spoke with my secretary today and we have the green cards back so we know that they received my letter. I feel that we should go to the end of the week and see whether or not they respond now that they have gotten official notice. I would be happy to discuss it again on Monday at the next meeting, but I felt in fairness we should give them an opportunity to comply. As far as any changes in the ordinance, there are a couple of issues, one of which is what is the nature of the change and I have spoken with the Council President to get some input as far as what the changes should be. The other point is we are in the process of a codification which means we look at all the ordinances through the town. All of the department heads have been given copies and asked to respond and they have all given me back suggestions. We are about to meet with the code publisher by the end of this month to discuss redoing the entire code to bring everything up to date. One of my points and you may not agree is it makes sense at that time to incorporate any change regarding the sign ordinance regarding cigarette violators. That will probably take a couple of months, but the fact is that the town has to pay to advertise and it makes sense to do it as part of the codification.
Lou Valentino: The area of my concern is why we are not moving on the change of the ordinance. We discussed this several months ago and we brought it back up so we could move on it. I respectfully disagree with you about waiting for the codification because we have other ordinances that are not being held up because of that, why are you singling out this particular ordinance.
Attorney Convery: The types of ordinances that normally go forward are where the State mandates change in fees. For example, we recently did an ordinance regarding fees where Trenton mandated certain fees that went to the building department, so that had to be done. If you have a bond ordinance that is a different type of ordinance, so as you said we may disagree on this, but I have told other departments to hold off on the changes until we do the codification if possible. I will take this under advisement and look at it again next Monday.
ACTION TONIGHT - CONSENT AGENDA:
Prior to the roll call vote President Baker opened the Consent Agenda to the public:
Linda Seiler: I have a question on C-1 Bond Sale, this information does not come out until late in the week and I was not able to really read up on it, could you explain what this is are we bonding for this six million dollars?
Natasha Turchan: This has already been bonded for a long time ago. What we are doing is converting from temporary financing to permanent financing; it is not additional financing.
RESOLUTION NO. 370
Resolution to authorize Budget Transfers in the amount of $40,000.00 in the current SFY 2004 Budget permitted during the last two months of SFY 2004.
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, it has become necessary to expend for various purposes which are specified in the Budge, an amount in excess of the respective sums appropriated therefore, and
WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and
WHEREAS, under the provisions of R.S.40A:4-58, during the last two months of the fiscal year, the Governing Body has the authority to transfer the amount of such appropriations as may be deemed to be in excess to such appropriations as may require it.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township Committee that the transfer in the amount of $40,000.00 be made between the Current SFY 2004 Budget as follows:
General Account
Department From To
Road Department S&W $40,000.00
Clerk – Other Expenses $10,000.00
Tax Assessor – Other Expenses $10,000.00
Legal – Other Expenses $5,000.00
Emergency Management – Other Expenses $5,000.00
Planning & Development – Other Expenses $10,000.00
___________ _________
$40,000.00 $40,000.00
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilman Butler, Greene, Volkert, Councilwoman Panos, President Baker
NAYS: None.
ABSENT: Councilmen Calogera, Gillespie, Maher, Testino
RESOLUTION NO. 371 (Reconsidered later in Meeting See RES#371A)
RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF UP TO OF $6,000,000 OF BONDS OF THE TOWNSHIP OF OLD BRIDGE CONSISTING OF THE TOWNSHIP'S GENERAL OBLIGATION BONDS, SERIES 2004A, AND THE TOWNSHIP'S GENERAL OBLIGATION BONDS, SERIES 2004B; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENTS TO BE EXECUTED BY THE TOWNSHIP AND EACH OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND STATE OF NEW JERSEY, ACTING BY AND THROUGH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT, ALL PURSUANT TO THE 2004 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM; AND DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH BACKGROUND
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, County of Middlesex, New Jersey ("Township"), has determined there exists a need within the Township for the acquisition of property ("2004 Project") as described in that certain Loan Agreement ("Trust Loan Agreement") to be entered into between the Township and the New Jersey Environmental Infrastructure Trust ("Trust") and that certain Loan Agreement ("Fund Loan Agreement"; together with the Trust Loan Agreement, the "Loan Agreements") to be entered into between the Township and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection ("State"), all pursuant to the 2004 New Jersey Environmental Infrastructure Trust Financing Program ; and
WHEREAS, the Township has determined to use the proceeds of a loan to be made by
each of the Trust ("Trust Loan") and the State ("Fund Loan"; together with the Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively, to permanently finance the 2004 Project; and
WHEREAS, to evidence the Loans, each of the Trust and the State require the Township to authorize, execute and deliver its General Obligation Bonds, Series 2004A, to the Trust ("2004A Bonds") and its General Obligation Bonds, Series 2004B, to the State ("2004B Bonds"; together with the 2004A Bonds, the "2004 Bonds"), pursuant to the terms of applicable law and pursuant to the terms of the Loan Agreements; and
WHEREAS, pursuant to the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), the Township Council ("Governing Body") has, pursuant to the Bond Ordinance 04-01, as amended and supplemented, duly and finally adopted and published in accordance with the requirements of the Local Bond Law (as amended and supplemented, the "Bond Ordinance"), authorized the issuance of general obligation bonds or bond anticipation notes of the Township to finance the costs of the 2004 Project; and
WHEREAS, the Trust and the State have expressed their desire to close in escrow the making of the Loans, the issuance of the 2004 Bonds and the execution and delivery of the Loan Agreements, all pursuant to the terms of an Escrow Agreement ("Escrow Agreement") to be entered into between the Trust, the State, the escrow agent, and the Township; and
WHEREAS, to effectuate the financing plan described in the above mentioned paragraphs, it is necessary for the Township to adopt this resolution and to authorize and approve the issuance and sale of the 2004 Bonds in a principal amount up to $6,000,000; and
WHEREAS, N.J.S.A. 40A:2-27(a)(2) allows for the sale of the 2004A Bonds and the 2004B Bonds to the Trust and the State, respectively, without any public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the 2004A Bonds to the Trust, without any public offering, all under the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, pursuant to the local Bond Law (Not less than two-thirds of all the members, therefore affirmative concurring as follows:
Section 1. The Township authorizes and approves the issuance of the 2004 Bonds in two (2) series in a total principal amount of up $6,000,000 to be designated, "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Bonds, Series 2004A" and "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Bonds, Series 2004B", respectively. The 2004 Bonds will be used to pay the costs of the 2004 Project. In accordance with N.J.S.A. 40A:2-27(a)(2) and N.J.S.A. 58:11B-9(a), the Township hereby sells and awards the 2004A Bonds and the 2004B Bonds to the Trust and to the State in accordance with the provisions hereof.
Section 2. The Chief Financial Officer is hereby authorized to determine in accordance with the Local Bond Law and pursuant to the terms and conditions established by the Trust and the State under the Loan Agreements and the terms and conditions hereof, the following items with respect to the 2004A Bonds and the 2004B Bonds:
(a) The aggregate principal amount of the 2004A Bonds and the 2004B Bonds to be issued;
(b) The maturity and annual principal installments of the 2004A Bonds and 2004B Bonds, which maturity shall not exceed twenty (20) years;
(c) The date of the 2004 Bonds;
(d) The interest rates of the 2004 Bonds;
(e) The purchase price for the 2004 Bonds; and
(f) The terms and conditions under which the 2004 Bonds shall be subject to redemption prior to their stated maturities.
Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the 2004 Bonds by the parties authorized under Section 3 hereof.
Section 3. The 2004 Bonds shall be in the form prescribed and permitted by the Local Bond Law, as Bond Counsel may advise and as the Township, the Trust and the State shall approve. The 2004 Bonds shall be issued in fully registered form and shall be payable to the registered owners thereof as to principal and interest in lawful money of the United States of America. The 2004 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 Deputy Township Clerk (such execution shall constitute conclusive approval by the Township of the form of the 2004 Bonds), and shall bear the affixed, imprinted or reproduced seal of the Township thereon. The 2004A Bonds and the 2004B Bonds shall be substantially in the form set forth in the Trust Loan Agreement and the Fund Loan Agreement, respectively.
Section 4. The terms of the 2004 Bonds authorized to be set forth by the Chief Financial Officer in accordance with Section 2 hereof shall be ratified by the affirmative vote of 2/3 of the full members of the Governing Body.
Section 5. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the 2004 Bonds and, to the extent payment is not otherwise provided, the Township shall be obligated to levy ad valorem taxes upon all taxable real property within the Township without limitation as to rate or amount for the payment thereof.
Section 6. Each of the Trust Loan Agreement, Fund Loan Agreement and the Escrow Agreement are hereby authorized to be executed and delivered on behalf of the Township by the Mayor or Chief Financial Officer, in substantially the forms on file in the offices of the Township, with such changes as the Mayor or Chief Financial Officer in their respective sole discretion, after consultation with counsel and any advisors to the Township and after further consultation with the Trust and the State and their representatives, agents, counsel and advisors, shall determine, such determination to be conclusively evidenced by the execution of each of such Trust Loan Agreement, Fund Loan Agreement and Escrow Agreement by an authorized officer as determined hereunder. The Township Clerk and Deputy Township Clerk are each hereby severally authorized to attest to the execution of the Trust Loan Agreement, Fund Loan Agreement and Escrow Agreement by an authorized officer of the Township as determined hereunder and to affix the corporate seal of the Township to such documents.
Section 7. 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 2004 Bonds or the 2004 Project are hereby ratified, confirmed, approved and adopted.
Section 8. 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 2004 Bonds or the 2004 Project not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinance, or by this or any subsequent resolution, and the signature of the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk on such documents or instruments shall be conclusive as to such determinations.
Section 9. All other resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.
Section 10. This resolution shall take effect immediately upon adoption this 21st day of June, 2004.
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Volkert, Councilwoman Panos, President Baker
NAYS: None.
ABSENT: Councilmen Calogera, Gillespie, Maher, Testino
Prior to the roll call vote the following discussion took place:
Councilman Greene: I need some additional information on this item. I know Natasha just indicated that this was short term going to long term, I would like a quick breakdown of exactly what the $6 million dollars is paying for.
Natasha Turchan: All of this money was borrowed through the bond anticipation notes, which is short term financing. Some of the money is for the infrastructure which is a 20 year loan and 25% will be carrying some rate and 75% will be going to New Jersey Department of Environmental Protection and through the Smart Growth Program will have zero percent rate.
Councilman Greene: What is it exactly that we are paying for?
Natasha Turchan: Cedar Ridge II.
Councilman Greene: So this has to do with the purchase of open space Cedar Ridge II.
Natasha Turchan: Correct.
RESOLUTION NO. 372
RESOLUTION SETTING THE TAX RATE FOR 2005 FISCAL YEAR
BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:
WHEREAS, Chapter 72 P.L. 1994, NJSA40A:4-121 requires that the governing body of a fiscal year municipality adopt a resolution to certify the preliminary calendar year 2005 municipal rate to the Director of the Division of Local Government Services according to the calculations as set forth by said chapter;
WHEREAS, the Township of Old Bridge wishes to set the tax rate for fiscal 2005 for the purpose of setting the preliminary tax rate at $.76 per $100 of assessed value.
NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Old Bridge that the preliminary tax levy for the calendar year 2005 be set at $27,262,158.00.
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Director of the Division of Local Government Services for his approval and to the County Tax Board for the calculation of the Municipal Tax Rate for the calendar year 2005.
Moved by Councilman Butler, seconded by Councilman Volkert and so moved on the following roll call vote:
AYES: Councilmen Butler, Greene, Testino, Volkert, Councilwoman Panos, President Baker
NAYS: None
ABSENT: Councilmen Calogera, Gillespie, Maher
Prior to the roll call vote the following discussion took place:
Councilman Greene: This was an item that was not listed in the packet I received and I don't have any backup information and I am interested in finding out what is the tax rate for 2005 and is it going to increase from the current rate.
Mayor Phillips: Last year at this time we struck a rate of 76 cents. The rate that we are striking today is 76 cents. It is my hope that between the amount of state aid that we may be able to attract and the work of the Council, we will be able to reduce this rate down to 73 cents which is the current rate this year and which will mean no tax increase for the people of Old Bridge. But it is through an abundance of caution and fiscal responsibility that we are suggesting the 76 cents be struck now so that the tax bills can be prepared by the July deadline. In short this is just a way of saying that we anticipate and hope that there will be no tax increase this year, but in the eventuality that State aid is not granted and if the return on the land that we are selling or some other reason that presents itself during the discovery process, this is just a way of us preparing the tax bills and keeping the township's cash flow in a responsible position and hoping that the tax rate will be struck at 73 cents.
Councilman Greene: For the record, I just want a statement that this rate that we are agreeing to tonight is exactly the same as the current rate that exists right now, that it is not an increase.
Mayor Phillips: Councilman, it is exactly the rate that we struck last year this time. The current rate is 73 cents. Through the process of the Council working against the budget, that I can fully anticipate that when we strike the rate and the budget is actually done, during the third and fourth quarters of this year the people of Old Bridge will see a zero percent tax increase. We say this because we have had an opportunity to examine the budget and because we are anticipating State aid and we say this because it is our commitment to the people of Old Bridge to bring this budget in with no tax increase.
Councilman Greene: So, in other words this is the same rate as last year, but certainly there could be some holes later on in the year if we do not get the State aid that we are anticipating.
Mayor Phillips: This is exactly the rate we struck this time last year and by using every mechanism that you and I go through we were able to reduce the budget to no tax increase last year and I think you can count on a no tax increase budget this year. The Council has not had an opportunity to review this budget, but when you do I am sure that you are going to find the cuts necessary or go along with the cuts that we suggest, but this is the rate that we had last year and I am pledging to you that working together we can reduce it rate to 73 cents which will be no tax increase for the people of Old Bridge.
President Baker: I apologize for the resolution not being in your packet. Perhaps the attorney can read the resolution.
Attorney Convery: Rather than read the Resolution, let me indicate the following, by voting yea to this Resolution, what you are doing is setting the tax rate for fiscal 2005 for the purpose of setting the preliminary tax rate at 76 cents per 100 assessed value. A copy of the Resolution will be sent to the Director of Local Government Services for approval and to the County Tax Board for the calculation of the municipal tax rate for the calendar year 2005. It is my understanding that we have a 25 day window to provide this information and that is the reason that it is on tonight for action as opposed to next week.
Councilman Greene: I appreciate the information I think this is an important action that we are taking tonight and obviously we have the seniors here and certainly they are concerned and they want to make sure that the Council is acting in the correct manner and making sure we are taking care of their money.
Attorney Convery: Mr. Testino walked in just when this topic started and he has been here for the entire discussion and therefore I believe he can vote on this Resolution.
MOTION
Motion to reconsider Item C-1, authorizing the issuance and sale of $6,000,000.00 of Bonds, made by Councilman Butler, seconded by Councilman Volkert and so moved on the following roll call vote:
AYES: Councilmen Butler, Greene, Volkert, Councilwoman Panos, President Baker.
NAYS: None.
ABSTAIN: Councilman Testino
ABSENT Councilmen Calogera, Gillespie, Maher.
Prior to the motion the following discussion took place.
Attorney Convery: I just had an opportunity to discuss Item C-1 the Resolution authorizing the issuance and sale of $6,000,000.00 of Bonds with Natasha. Fortunately for us Mr. Testino came in because this is a bond ordinance and under State law, the approval of a bond ordinance there must be an affirmative vote of 2/3 of the full members of the governing body, so even though we were unanimous with five votes, frankly we need six votes. So, I would ask the Council to reconsider Item C-1.
RESOLUTION 371A
RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF UP TO OF $6,000,000 OF BONDS OF THE TOWNSHIP OF OLD BRIDGE CONSISTING OF THE TOWNSHIP'S GENERAL OBLIGATION BONDS, SERIES 2004A, AND THE TOWNSHIP'S GENERAL OBLIGATION BONDS, SERIES 2004B; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENTS TO BE EXECUTED BY THE TOWNSHIP AND EACH OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND STATE OF NEW JERSEY, ACTING BY AND THROUGH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT, ALL PURSUANT TO THE 2004 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM; AND DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH
BACKGROUND
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, County of Middlesex, New Jersey ("Township"), has determined there exists a need within the Township for the acquisition of property ("2004 Project") as described in that certain Loan Agreement ("Trust Loan Agreement") to be entered into between the Township and the New Jersey Environmental Infrastructure Trust ("Trust") and that certain Loan Agreement ("Fund Loan Agreement"; together with the Trust Loan Agreement, the "Loan Agreements") to be entered into between the Township and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection ("State"), all pursuant to the 2004 New Jersey Environmental Infrastructure Trust Financing Program ; and
WHEREAS, the Township has determined to use the proceeds of a loan to be made by each of the Trust ("Trust Loan") and the State ("Fund Loan"; together with the Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively, to permanently finance the 2004 Project; and
WHEREAS, to evidence the Loans, each of the Trust and the State require the Township to authorize, execute and deliver its General Obligation Bonds, Series 2004A, to the Trust ("2004A Bonds") and its General Obligation Bonds, Series 2004B, to the State ("2004B Bonds"; together with the 2004A Bonds, the "2004 Bonds"), pursuant to the terms of applicable law and pursuant to the terms of the Loan Agreements; and
WHEREAS, pursuant to the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), the Township Council ("Governing Body") has, pursuant to the Bond Ordinance 04-01, as amended and supplemented, duly and finally adopted and published in accordance with the requirements of the Local Bond Law (as amended and supplemented, the "Bond Ordinance"), authorized the issuance of general obligation bonds or bond anticipation notes of the Township to finance the costs of the 2004 Project; and
WHEREAS, the Trust and the State have expressed their desire to close in escrow the making of the Loans, the issuance of the 2004 Bonds and the execution and delivery of the Loan Agreements, all pursuant to the terms of an Escrow Agreement ("Escrow Agreement") to be entered into between the Trust, the State, the escrow agent, and the Township; and
WHEREAS, to effectuate the financing plan described in the above mentioned paragraphs, it is necessary for the Township to adopt this resolution and to authorize and approve the issuance and sale of the 2004 Bonds in a principal amount up to $6,000,000; and
WHEREAS, N.J.S.A. 40A:2-27(a)(2) allows for the sale of the 2004A Bonds and the 2004B Bonds to the Trust and the State, respectively, without any public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the 2004A Bonds to the Trust, without any public offering, all under the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, pursuant to the local Bond Law (Not less than two-thirds of all the members, therefore affirmative concurring as follows:
Section 1. The Township authorizes and approves the issuance of the 2004 Bonds in two (2) series in a total principal amount of up $6,000,000 to be designated, "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Bonds, Series 2004A" and "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Bonds, Series 2004B", respectively. The 2004 Bonds will be used to pay the costs of the 2004 Project. In accordance with N.J.S.A. 40A:2-27(a)(2) and N.J.S.A. 58:11B-9(a), the Township hereby sells and awards the 2004A Bonds and the 2004B Bonds to the Trust and to the State in accordance with the provisions hereof.
Section 2. The Chief Financial Officer is hereby authorized to determine in accordance with the Local Bond Law and pursuant to the terms and conditions established by the Trust and the State under the Loan Agreements and the terms and conditions hereof, the following items with respect to the 2004A Bonds and the 2004B Bonds:
(a) The aggregate principal amount of the 2004A Bonds and the 2004B Bonds to be issued;
(b) The maturity and annual principal installments of the 2004A Bonds and 2004B Bonds, which maturity shall not exceed twenty (20) years;
(c) The date of the 2004 Bonds;
(d) The interest rates of the 2004 Bonds;
(e) The purchase price for the 2004 Bonds; and
(f) The terms and conditions under which the 2004 Bonds shall be subject to redemption prior to their stated maturities.
Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the 2004 Bonds by the parties authorized under Section 3 hereof.
Section 3. The 2004 Bonds shall be in the form prescribed and permitted by the Local Bond Law, as Bond Counsel may advise and as the Township, the Trust and the State shall approve. The 2004 Bonds shall be issued in fully registered form and shall be payable to the registered owners thereof as to principal and interest in lawful money of the United States of America. The 2004 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 Deputy Township Clerk (such execution shall constitute conclusive approval by the Township of the form of the 2004 Bonds), and shall bear the affixed, imprinted or reproduced seal of the Township thereon. The 2004A Bonds and the 2004B Bonds shall be substantially in the form set forth in the Trust Loan Agreement and the Fund Loan Agreement, respectively.
Section 4. The terms of the 2004 Bonds authorized to be set forth by the Chief Financial Officer in accordance with Section 2 hereof shall be ratified by the affirmative vote of 2/3 of the full members of the Governing Body.
Section 5. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the 2004 Bonds and, to the extent payment is not otherwise provided, the Township shall be obligated to levy ad valorem taxes upon all taxable real property within the Township without limitation as to rate or amount for the payment thereof.
Section 6. Each of the Trust Loan Agreement, Fund Loan Agreement and the Escrow Agreement are hereby authorized to be executed and delivered on behalf of the Township by the Mayor or Chief Financial Officer, in substantially the forms on file in the offices of the Township, with such changes as the Mayor or Chief Financial Officer in their respective sole discretion, after consultation with counsel and any advisors to the Township and after further consultation with the Trust and the State and their representatives, agents, counsel and advisors, shall determine, such determination to be conclusively evidenced by the execution of each of such Trust Loan Agreement, Fund Loan Agreement and Escrow Agreement by an authorized officer as determined hereunder. The Township Clerk and Deputy Township Clerk are each hereby severally authorized to attest to the execution of the Trust Loan Agreement, Fund Loan Agreement and Escrow Agreement by an authorized officer of the Township as determined hereunder and to affix the corporate seal of the Township to such documents.
Section 7. 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 2004 Bonds or the 2004 Project are hereby ratified, confirmed, approved and adopted.
Section 8. 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 2004 Bonds or the 2004 Project not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinance, or by this or any subsequent resolution, and the signature of the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk on such documents or instruments shall be conclusive as to such determinations.
Section 9. All other resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.
Section 10. This resolution shall take effect immediately upon adoption this 21st day of June, 2004.
Moved by Councilman Butler, seconded by Councilman Volkert and so ordered on the following roll call vote:
AYES: Councilmen Butler, Greene, Volkert, Testino, Councilwoman Panos, President Baker
NAYS: None.
ABSENT: Councilmen Calogera, Gillespie, Maher
RENEWAL OF LIQUOR LICENSES:
LL-1 Renewal of Plenary Retail Distribution License #1209-44-013-005 Jersey Spirits & Wines, T/A Buy Rite/Witty's. (RMS)
LL-2 Renewal of Plenary Retail Distribution License #1209-44-031-002 Market Boy Liquors, Inc., T/A Market Boy. (RMS)
LL-3 Renewal of Plenary Retail Distribution License #1209-44-028-004 Liquor City At Old Bridge, Inc. T/A Liquor City. (RMS)
LL-4 Renewal of Plenary Retail Distribution License #1209-44-028-004 Dody, Inc., T/A Harbor Lights. (RMS)
LL-5 Renewal of Plenary Retail Distribution License #1209-44-014-007 Jersey Wine & Liquors, Inc., T/A Jersey Wine & Liquor Buy Rite. (RMS)
LL-6 Renewal of Plenary Retail Consumption License #1209-33-001-003 Outback/Midatlantic 1-Limited Partnership. (RMS)
LL-7 Renewal of Plenary Retail Consumption License #1209-33-003-008 The Oblisque Corp., T/A Ticetown Liquors & Bar. (RMS)
LL-8 Renewal of Plenary Retail Consumption License #1209-33-005-010 Old New York, Inc. (RMS)
LL-9 Renewal of Plenary Retail Consumption License #1209-33-006-006 Enterprise Networking & Communications Consulting, Inc., T/A Trabelli's Ristorante. (RMS)
LL-10 Renewal of Plenary Retail Consumption License #1209-33-009-002 Country Hearth, Inc., T/A Marleybone Pub. (RMS)
LL-11 Renewal of Plenary Retail Consumption License #1209-33-010-009 PCK Enterprises, Inc., T/A Buy Rite Bar & Liquors. (RMS)
LL-12 Renewal of Plenary Retail Consumption License #1209-33-011-009 Raphico, Inc., T/A Vintage Wines. (RMS)
LL-13 Renewal of Plenary Retail Consumption License #1209-33-012-005 Pine Tavern, Inc., T/A Pine Tavern. (RMS)
LL-14 Renewal of Plenary Retail Consumption License #1209-33-017-002 Glenwood Country Club, Inc., T/A Glenwood Country Club. (RMS)
LL-15 Renewal of Plenary Retail Consumption License #1209-33-019-006 Sarthi, Inc., T/A Townsquare Wine, Liquor & Bar. (RMS)
LL-16 Renewal of Plenary Retail Consumption License #1209-33-021-007Lacey, L.L.C. (Harborside Pub). (RMS)
LL-17 Renewal of Plenary Retail Consumption License #1209-33-022-006 Ruby Tuesday, Inc., T/A Ruby Tuesday. (RMS)
LL-18 Renewal of Plenary Retail Consumption License #1209-33-023-008 Big Ed's BBQ Inc., T/A Big Ed's BBQ. (RMS)
LL-19 Renewal of Plenary Retail Consumption License #1209-33-024-006 H.K.W. Corp., T/A Peapod Hong Kong Wok. (RMS)
LL-20 Renewal of Plenary Retail Consumption License #1209-33-029-002 The Grand Marquis, Inc., T/A Grand Marquis. (RMS)
LL-21 Renewal of Plenary Retail Consumption License #1209-33-030-003 R. Flynn Enterprises, Inc., T/A Keg & Cork Pub. (RMS)
LL-22 Renewal of Plenary Retail Consumption License #1209-33-032-005 Briad Restaurant Group LLC, T/A T.G.I. Friday's. (RMS)
LL-23 Renewal of Plenary Retail Consumption License #1209-33-037-007 William F. Cerra, Jr., (Pocket License). (RMS)
LL-24 Renewal of Plenary Retail Consumption License #1209-33-036-008 Vrajesh, Inc., T/A Old Bridge Bar & Liquors. (RMS)
LL-25 Renewal of Club License #1209-31-038-001, Old Bridge Elks Lodge #2229. (RMS)
President Baker: I have been informed by Deputy Clerk Ward that these are all off for this evening and will be considered at Monday, June 28,2 004 meeting.
Councilman Greene: When we approved these licenses last year we found out there was a problem with some of the establishments. I think that the chief should let us know if there is any reason why any of these establishments should not be granted.
President Baker: Every liquor license renewal needs certain sign-offs, and the police department is certainly one of them, and we are awaiting input from the police and that is why we are not acting on these renewals this evening.
HEARING
H-1 Release/Reduction Performance Guarantee Bridgepointe at Harbor Heights
Move-up
APPROVAL OF MINUTES
May 24, 2004 – Regular Meeting
Move-up
ORDINANCE FOR SECOND READING
ORD. #16-04 Making the Provisions of Subtitle 39 with various traffic regulations Applicable to Jake Brown Plaza and regulating the use of said roadways, Streets, driveway and parking lots by Motor Vehicles
Move-up
ORD. #17-04 Amendments and Change – Ordinance, Section 11-1.4 Department of Code Enforcement, Uniform Construction Code.
Move-up
ORD. #18-04 Authorizing the sale of certain property owned by the Township of Old Bridge No longer needed for public use and setting the terms & conditions of such sale.
Move-up
FIRST READING ORDINANCE
FR-1 Ordinance to adopt a Redevelopment Plan for the Old Bridge Crossroad Tract.
Move-up
DISCUSSION ORDINANCE
DO-1 An ordinance authorizing Long Term Tax Exemption Agreement
Attorney Convery: Very briefly, on the Consent Agenda will be resolutions in regard to what is called the Old Bridge Special Needs Project. The resolutions will deal with approving a plan for the special needs, special funding for the special needs, authorizing a balanced housing home express application on behalf of the special needs building and a resolution authorizing what is called payment in lieu of taxes. If these pass and the Council decides to go forward with the special needs, I am in touch with the State to determine whether or not they will require an ordinance for the long term financing, so I will report back to you during the week as to the response, but I thought it would be prudent to put this on as a discussion ordinance so if the State requires it to be an ordinance, we would be prepared.
CONSENT AGENDA
C-1 Block Party – Rutledge Court – Sunday, July 11, 2004 – 11 am to 7 pm. (No rain date).
C-2 Block Party – Hansen Road – Saturday, August 28, 2004 – 10 am to 10 pm (Rain date Sunday, August 29, 2004)
C-3 Block Party – Longview Road – Saturday, July 14, 2004 – 10 am to 10 pm (Rain date Saturday, August 21, 2004).
C-4 Block Party – Dickerson Lane – Saturday, July 31, 2004 – 10 am to 8 pm (Rain date Saturday, August 21, 2004).
C-5 Block Party – Andrew Street – Saturday, August 14, 2004 – 10 am to 10 pm (Rain date Sunday, August 15, 2004).
C-6 Block Party – Cindy Street – Saturday, August 14, 2004 – 10 am to 10 pm (No rain date).
C-7 Resolution adopting the Amended Neighborhood Plan (Old Bridge Special Needs).
C-8 Resolution of need for N.J.H.M.F.A. Funding (Old Bridge Special Needs). (RB)
C-9 Resolution authorizing Balanced Housing Homes Express Application (Old Bridge Special Needs).
C-10 Resolution authorizing payment in lieu of Taxes Agreement (Old Bridge Special Needs). (A) Tax Abatement Resolution N.J.H.M.F.A.
(B) Long Term Tax Exempt Law Abatement
C-11 MOVED TO ACTION ITEM C-2 FOR JUNE 21, 2004 MEETING.
C-12 Rescind Resolution #259-04 of Performance Guarantee Primavera Estates (failure to post maintenance guarantee within 45 day period as requested. (RMS)
C-13 Rescind Resolution #171-04 Releasing Performance Guarantee Park's Edge (failure to file within 45 day submission). (RMS)
C-14 Memorialize Release of Performance Guarantee Forest Gardens – Route #34.
C-15 Resolution authorizing the Award of Bid #2004-08 Document Imaging to Large Doc Solutions in the amount “Not To Exceed” $300,000.00. (HS)
C-16 Resolution authorizing grant between the Township of Old Bridge and the State of New Jersey by and for the Department of Environmental Protection Grant Identifier: WQ04- 324 in the amount of $20,619.00 to implement Stormwater Management Plan and new ordinances. (JV & NT)
C-17 Award of Contract #04-03 Road Drainage Improvements Project to Pioneer General Contracting Company in the amount of $99,197.00. (CERT. #1236) (AFFIRM. ACT). (JV)
C-18 Resolution authorizing professional services contract with Sanford E. Chernin, P.C., for title searches and attorney fees regarding In Rem foreclosures in the amount “Not To Exceed” $30,000.00. (CERT. #1237) (AFFIRM. ACT.) (HS)
C-19 Bingo/Raffle RA68-04 Dare, N.J.
C-20 Waiver of Fees for St. Ambrose Church in the amount of $90.00 for electrical permits for the carnival.
C-21 Resolution accepting the bid for New Plenary Distribution License #1209-44-NEW to John Bone, 165 Flanders Drive, Hillsborough, N.J., in the amount of $286,000.00.
Move-Up
LIQUOR LICENSES – (CONT'D)
LL-1 Renewal of Plenary Retail Consumption License #1209-33-025-003 N.J. Wines & Spirits, Inc., T/A Breakfast Club. (RMS)
LL-2 Renewal of Plenary Retail Consumption License #1209-33-035-005 TMJ Corp., T/A After Dark. (RMS)
LL-3 Renewal of Plenary Retail Consumption License #1209-33-004-002 Sideline Lounge Inc., T/A Club 516. (RMS)
LL-4 Renewal of Club License #1209-31-039-002 The Order of the Friendly Sons of The Shillelagh, Inc. (RMS)
LL-5 Renewal of Club License #1209-31-040-001 Madison Park Volunteer Fire Co., Inc. (RMS)
LL-6 Renewal of Club License #1209-31-042-001 Old Bridge Lodge #485 Loyal Order of Moose. (RMS)
LL-7 Renewal of Club License #1209-31-043-001 Old Bridge Columbian Club. (RMS)
LL-8 Renewal of Club License #1209-31-045-001 St. Lawrence Holy Name Society. (RMS)
LL-9 Renewal of Club License #1209-31-046-001 Browntown Columbian Club, Inc. (RMS)
Move-up
DISCUSSION
D-1 Amending ordinance for building and housing to require a uniform numbering system to appear on all buildings. (ET)
Councilman Testino: This has to do with houses that have to be numbered. We have been waiting for reports back from the various entities in town to see if they had recommendations, but the idea would be to have numbers that are easily seen from the street on each house so that the public safety or first aid could see what house they are going to, because not every house has numbers on it and it makes it difficult for discerning from the newspaper delivery to the first aid squad to get to the right house. Some towns have this ordinance already so we are just waiting for recommendations so we can go ahead.
Chief Callow: I am working on it.
John Vincenti: We should have an answer for you by Monday.
Public Portion:
Ms. Lindsey: I live on Oklahoma Drive and I would like to know how the numbers will be placed on the buildings that have four unit houses. Would it be wise for me to put the number and letter or just the number?
President Baker: That is exactly why the engineer will be discussing this with the Chief of Police so that we can have uniformity and the police and fire departments will know exactly where to look. You will be hearing more about this.
Linda Seiler: You know that I have been bringing this comment to you for months. It has to do with the dissemination of information. Last week you passed the approval of minutes, we are two months behind on the website, that information is not readily available and not being put on the website. I think that the library should have copies of the Agenda ahead of time. I don't think the information is getting out to the people and how can people like me be prepared for these meetings when all the information comes out at the best on a Thursday night or usually on a Friday, sometimes Saturday, Sunday or Monday as far as Agendas are concerned. Resolutions do not get posted on the boards like they are supposed to. It is very nice that we are having this meeting here, but it is an Agenda meeting where nothing gets done, it would be nice if meeting like this came out to the public in regular session. I don't see any change in what is being done here and I would like to know what are you doing to make it better? With all the ability we have on the internet, when resolutions come up the one or two line description which is allowed by the letter of law, but how is someone comment intelligently on Consent Agenda when there is no information published for the public. Why can't we use the internet to put the support information on the Consent Agenda for the public?
President Baker: I am sure that everyone would like to respond back to you. I for one agree with some of your comments. We give it to the Council members so they can have the opportunity to review the information and we give it to the public as soon as it is available and we disseminate the minutes as soon as possible, not everything can be done instantaneous. I would like Administration to take this as an action item.
Mayor Phillips: This is not an administration item, it is a Clerk's office item.
President Baker: Then I am asking the Clerk to take this under advisement to see what you are and are not entitled to and we will make sure we give you what you are entitled to by law.
Linda Seiler: From the time the minutes are typed and approved, why can't they be posted on the internet within five minutes? I am very computer savvy and if you guys need help I would be more than willing to volunteer.
Councilwoman Panos: Those minutes that we get for approval, they are not legal to put out to the public until they are approved, is that correct?
President Baker: Yes.
Linda Seiler: I also think that all the televised meetings should be available on cassette in the library for the public because there are people who do not have internet access.
President Baker: I agree with most of what you say and we will have the Clerk look into this.
Resident: What about the Cheesequake Dam?
John Vincenti: I thought someone would ask about this, please be advised that the contractor will be available to us in two-three weeks and he will start at that point.
COUNCIL COMMENTS
Councilwoman Panos: I am from the Sixth Ward on the other end of town and it is always a pleasure to come here and thank you for coming out this evening.
Councilman Greene: I am from Ward Five and it is a pleasure to be here.
President Baker: I represent Ward Two and I think meetings like this are invaluable and I appreciate that you took the time to come out this evening and hopefully things can get accomplished.
Councilman Butler: I am from the North Side and I used to need a pass to come down here but because of you great people I don't need that pass anymore. I want to thank you for coming out this evening and taking the interest to listen to us and have input directed to the Council.
Councilman Testino: I am the only At-Large Councilman here tonight and that means that I serve all of the town in terms of the wards and any issues that you might have, I am always available to you.
Councilman Volkert: I am your representative for Ward One and I am happy to be here this evening and I am happy to see so many people came out this evening.
MOTION
Motion to adjourn at 8:45 p.m. made by Councilman Butler seconded by Councilman Volkert and so moved on the following vote:
AYES: Councilmen Butler, Greene, Testino, Volkert, Councilwoman Panos, President Baker
NAYS: None.
ABSENT: Councilmen: Calogera, Gillespie Maher
____________________________________
President William Baker
_____________________________________
Rose-Marie Saracino, Township Clerk
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