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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 375

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 vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of al 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 June 28, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of June 28, 2004 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 $959,496.48 (Payroll).

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 376

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 vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of al 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 June 28, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of June 28, 2004 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 $37,134.06 (Overtime).

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

AYES: Councilmen Butler, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: Councilman Calogera.

ABSENT: Councilman Greene, Maher, President Baker.

Report of the Clerk and the Attorney.

No Report.

Motion

to acknowledge no report of the Clerk nor the attorney made by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

AYES: Councilmen Butler, Calogera, Testino,Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

Preliminary public comments.

Mr. Rao: Addressed the council with respect to lack of federal funding to the State of New Jersey; his outrage with the war in Iraq; the escalating price of gasoline and milk.

Ms. Clavering: Congratulated the zoning board and its decision to accept a recommendation and pass unanimously a plan for a proposed housing complex for persons with disabilities. Expressed her desire to work with Pennrose Properties in developing suggestions for this housing. Ms. Clavering thanked those who gave their support for this project.

Mr. Merwin: Announced that there will be a concert at Laurence Harbor beachfront on July 8, 2004 from 7:00 p.m. to 8:30 p.m. The New Jersey National Guard Sixty-third Army Band will perform during their two-week active duty featuring patriotic and show tunes.

Ms. Seiler questioned why the Township Council minutes from April 12, 2004 had not yet appeared on the web site at a previous meeting. She claimed that an answer was not forthcoming. However, after having visited with the Township Clerk, Rose-Marie Saracino, the minutes were immediately posted. Expressed her thanks to Mrs. Saracino. Ms. Seiler repeated her requests made a week earlier: that minutes of meetings, the agenda and discussion ordinances be posted in the lobby of the municipal building for round the clock viewing; that a video tape of the township council meeting and the agenda, proposed ordinances, minutes be available in the library. She expressed here dismay in not having responses to her questions in a timely manner.

Clerk Saracino: With respect to your concern about copies of minutes not being available in the library, we have in the past sent copies to the library. However, since the advent of the township website, we no longer supply a paper copy to the library.

Ms. Seiler stated that many residents do not have access to the website.

Clerk Saracino: Ms. Cyr has not yet brought to our attention that this is a problem. I have no problem with making an extra copy. With respect to posting agenda items on the bulletin board in the lobby it is very difficult for us. As of the day of the meeting, we are still collating our packets. I don't see that we would be able to do that for you on a Friday, and still make changes on Monday.

Ms. Seiler requested that the documents be stamped "draft".

Vice President Gillespie: I am very nervous with marking documents "draft" and leaving them for public view. When we take official action, whether by resolution or ordinance, under the Open Public Meetings Act and the Open Public Records Act, that material is available through the Township Clerk. I am not inclined to have drafts available. What you are asking is well beyond what we are required to do by law. The Clerk is our official depository, and any of those things are available through her. However, there reaches a certain point where if there is a great public demand to make these things available, there is an expense attached to it, and we should consider all these things.

Mr. Valentino requested an update on the ordinance relating to those (cigarette dealers) who are not compliance.

Attorney Convery: I have not gotten any additional literature since I spoke to you last week. I will be reviewing that tomorrow and deciding what action to take with respect to the three that have not responded. I may discuss this with the municipal court judge to determine whether there is a provision for us to bring them back into court.

Mr. Valentino stated that he was to file his own complaint.

Attorney Convery: That will bring this to a head. We have a meeting scheduled with Rose-Marie Saracino, our Clerk, and others in town hall regarding codification. This will occur on Wednesday, and this will give me a better idea as to how long any codification would take with respect to ordinance amendments.

Mr. Valentino expressed his desire to have something in place by December.

Attorney Convery: As with all ordinances there has to be a first and second reading with the ordinance to become effective twenty days after publication. This process takes a minimum of three months.

Mr. Valentino cannot retrieve the agenda for the Township Council meetings.

Vice President Gillespie: Please get in touch with Mr. Sommers, our MIS director

Mr. Valentino requested a copy of the log registering who and when the agendas are put on the web.

Seeing no further hands Vice President Gillespie closed the public portion.

Hearing.

1. Bridgepointe at Harbor Heights - release/reduction performance guarantee.

Attending the hearing were the president of the homeowners association; general counsel to Bridgepointe Condominiums; Robert Greenwell, associate corporate counsel to Kara Homes; Pinder Sumal, assistant township engineer; a representative of KipCon Engineering.

Attorney Convery: A memorandum has been provided by Mr. Sumal as the assistant township engineer to the Township Council and the Mayor. I will summarize his recommendation: "We met with Kara Homes and the homeowners association on June 24, 2004 to discuss the developer's bond reduction/release request. Based upon the value of the work done on the bonded items, the developer is entitled to a 70% reduction on all phases. However, taking into consideration the homeowners complaints/concerns, Kara Homes and the homeowners association will not object to a 50% reduction for those phases which are not reduced below. Namely, Phases 4, 9A, 10A, 10B and 10C; thereby bringing all the phases to a 50% reduction at this time.

(Dropping down to the actual numbers) The numbers in the grid indicate revised performance bond total - $512,967.10. Cash to be retained - $54, 812.73. Cash to be returned - $54,812.73. I summarize for you because this report states that after taking into consideration the homeowners complaints/concerns, Kara Homes and the homeowners association do not object to a 50% reduction. Perhaps a representative of Kara Homes and the homeowners association can indicate whether or not they agree.

Vice President Gillespie: Is that an accurate representation of your position?

Mr. Greenwell: Yes.

Vice President Gillespie: I now ask the homeowners association to comment or indicate your position.

President of the Homeowners Association: We are in agreement with the 50% reduction.

Vice President Gillespie opened a public portion. Seeing no hands Vice President Gillespie closed the public portion.

Mr. Sumal: If there is anyone concerned with Hanna Lane, no reduction has been granted.

Vice President Gillespie: Kipcon Engineering was retained by the (homeowners) association.

Councilman Volkert: I am glad that Kara Homes and the association came to an agreement.

Motion

to accept the recommendation of the township engineer of a 50% return of the cash, thereby retaining 50% according to a memorandum dated June 25 to the Mayor and Township Council made by Councilman Volkert, seconded by Councilman Butler and so ordered on the following roll call vote:

AYES: Councilmen Butler, Calogera, Volkert, Vice President Gillespie

NAYS: None.

ABSENT: Councilmen Maher, Greene, President Baker.

ABSTAIN: Councilwoman Panos.

NO PARTICIPATION: Councilman Testino.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 16-04

ORDINANCE MAKING THE PROVISIONS OF SUBTITLE ONE OF TITLE 39 WITH VARIOUS TRAFFIC REGULATIONS APPLICABLE TO JAKE BROWN PLAZA AND REGULATING THE USE OF SAID ROADWAYS, STREET, DRIVEWAY AND PARKING LOTS BY MOTOR VEHICLES

BE IT ORDAINED by the Township of Old Bridge, County of Middlesex, State of New Jersey that Jonathan M. Heilbrunn, at attorney representing the property owner, has filed a written consent with the Township of Old Bridge that the provisions of Subtitle One of Title 39 of the revised statutes of New Jersey be made applicable to the semi-public roads, streets, driveways and parking lots at Jake Brown Plaza located in the Township of Old Bridge, County of Middlesex, State of New Jersey and the following regulations shall be enforceable:

REGULATION(S):

1. General Parking:

A. All vehicles must park in designated areas and between the line provided.

B. No person shall stop or stand a vehicle upon any of the streets or parts described below, except in areas covered by other parking restrictions.

Name of Street Sides Hours Location
All Roads Both All As indicated on site

C. Handicapped Parking
All stalls shall be 12 foot wide as shown on the attached site plan and signed with the R7-8 and R7-8P (Reserved Parking Sign and Penalty Plate), in the designated parking areas for persons who have been issued the Handicapped Parking Permit by Division of Motors Vehicles.

2. Reserved Parking
All vehicles that are granted specialty parking in this section such as; police vehicles, ambulances, teachers, etc. must be properly identified and the reserved parking spaces must be shown on the site plan on file.

3. One-Way Streets
The following described streets or parts of streets are hereby designated as One- Way Streets in the direction indicated.

Name of Street Sides Limits
Road “A” Counter-Clockwise Between prolongation of the southerly curb-line of Road “B” and the prolongation of easterly curb line of Road “B”

Road “B” Counter-Clockwise Between Road “A” (North Intersect) and Road “A” (South Intersect)

Aisle “A” East Entire Length

Drive-Up Lanes
A,B & C Counter-Clockwise Entire Length

4. Speed Limits

A. The speed limit for both directions to traffic in the parking lot(s) shall be 15 M.P.H.

B. The speed limit for both directions of travel on the following roadways are:

Name of Street M.P.H. Limits
All Roads and Aisles 15 Entire Length

C. Regulatory and warning signs shall be erected and maintained to affect the above designated speed limits authorized by the Department of Transportation.

5. Tow-Away Zones:
Any vehicle parked or standing as to obstruct or impede a normal flow of traffic block entrances or exit ways, loading zones, oil fills, any grassy area pedestrian walkway, or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owners or operators expense.

6. Loading Zone(s)
The locations described are hereby designated as Loading Zones. No person shall park a vehicle in said location during the times indicated other than for the loading or unloading of goods and materials.

Name of Street Sides Hours Location
Aisle “A” North All As indicated on site plan.

That all signs, posts, or other necessary materials be installed and paid for by the applicant. All signing shall conform to the current Manual on Uniform Traffic Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A. 39:4-183.27.

Unless another penalty us expressly provided for by the New Jersey Statute, every person convicted of a violation of this ordinance or any supplement thereto shall be liable to a penalty of not more than $1,000.00 or imprisonment for a term not exceeding fifteen (15) days or both.

Effect of Ordinance

If any part of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the Ordinance.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

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

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 17-2004

ORDINANCE AMENDING CHAPTER XI, BUILDING AND HOUSING SECTION 11-1.4 OF THE REVISED GENERAL ORDINANCE (R.G.O.) OF THE
TOWNSHIP OF OLD BRIDGE

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Code of the Township of Old Bridge, Chapter XI, Building and Housing Section 11-1.4 of the Revised General Ordinances (R.G.O.) shall be amended and supplemented as herein below set forth:

A. Building Sub Code Fees

1. For new construction and additional the fees shall be calculated (by cubic feet) for the building or structure based on the following Use Groups:

a. Use Groups R-1, R-2, R-3, R-5.J – three cents ($0.030)
b. Use Groups A-1, A-2, A-3, A-4, A-5, I-1, I-2, I-3 – three cents ($0.030)
c. Use Groups B.E.F-1, F-2, M, S-1, S-2, U – three cents ($0.030)
d. There will be a minimum fee of $100.00 for new construction permits of 5000 cu ft or less.

2. For renovations, alteration and repairs, the fees shall be based on the estimated cost of construction and shall be based on $13.00 per $1,000.00. Fees shall be rounded to the nearest dollar amounts.

3. For a combination of renovations and additions, the sum of the fees shall be computed separately as renovations and alterations.

4. Establishment of fees for installation of:

a. Installation of in-ground swimming pool & spas: $85.00
b. Installation of above ground pools 35.00
c. Installation of a fence for swimming pool 35.00
d. Installation of wood burning stove of prefabricated fireplace 35.00
e. Installation of masonry fireplace 50.00
f. Installation of windows 50.00
g. Installation of temporary structures 35.00
h. Installation of a wooden deck (use group R), Under 12 square feet 35.00, Over 12 square feet 75.00
i. Satellite (Dish-Type) Antennas 35.00
j. Roof replacement (use group R-3 & R-4) 50.00, with plywood replacement 85.00, (In multiple family building prices is per upper floor unit)
k. Commercial roof replacement: based on renovations and repair schedule
l. Installation/replacement of exterior siding (use-group R-3 & R-4) 50.00
m. Demolition of structure: R-3 under 5000 sq ft/30fe Height 35.00, All others 130.00, Interior demolition 35.00
n. Installation of a sign $1.00/sq ft surface area
o. Installation of elevator 100.00 per car
p. Asbestos removal permit 35.00
q. Lead abatement 35.00
r. Fireplace 35.00
s. Aluminum 3 season rooms – on existing deck 10.00 per $1,000
on new deck $75.00 plus 10.00 per $1,000

13. The training fee shall be collected at the rate in effect at the time of permit issuances as per N.J.A.C. 5:23-4.19(b).

14. Prototype processing shall receive a 20% plan review credit.

15. Minimum building Subcode shall be $35.00

16. Certificate Fees shall be as follows:
a. Certificate of Occupancy (CO) 100.00
b. Certificate of Continued Occupancy (CCO) 100.00
c. Certificate of Clearance (Lead) 50.00
d. Use Group Change 100.00
e. Annual permit fee shall be as specified in NJAC 5:23-4.20(c)5.
f. Variation application 300.00 (building codes)
g. Temporary Certificate of Occupancy 30.00

17. A non-refundable deposit of $100.00 shall be submitted with all permit applications for new construction, additions or major renovations as per NJAC 5:23-4.18(a)(1).

A. Plumbing Subcode Fees

Installation of the following:
a. Water Closet $15.00
b. Urinal/Bidet 15.00
c. Bathtub 15.00
d Lavatory 15.00
e. Shower 15.00
f. Floor Drain 15.00
g. Sink 15.00
h. Dishwasher 15.00
i. Drink Fountain 15.00
j. Washing Machine 15.00
k. Hose Bib 15.00
l. Gas Piping 20.00/unit
m. Fuel Oil Piping 45.00
n. Steam Boiler 65.00
o. Hot Water Boiler 65.00
p. Water Heater 35.00
q. Sewer Pump 60.00
r. Interceptor 60.00
s. Comm. Backflow 65.00
t. Water Cool/AC or Refrig Unit 25.00
u. Sewer Connection 75.00
v. Water Service 75.00
w. Active Solar Sys. 50.00
x. Vents/Stacks 20.00/vent/stack
y. Lawn Sprinkler Sys 35.00
z. Water Filter/cond. System 35.00
aa. Sump Pump 15.00
bb. Roof Drains 20.00
cc. Condensate Drain 15.00/unit
dd. Medical gas systems 100.00/flat
ee. Pressure Booster 35.00
ff. Pool Heater 65.00

1. The Minimum Fee for Plumbing Subcode shall be $35.00

2. Demolition of a Structure to include capping of sewer and water services is $30.00.

3. Annual permits – fee charged as per current N.J.A.C. 5:23-4.20(c)5., State of New Jersey, Uniform Construction Code.

4. Installation of Liquid Propane Gas Tans (LPG) $100.00

5. Annual Re-certification of commercial back flow preventers as per N.J.A.C.5:23- 2-23(k) $35.00/unit

C. Electrical Subcode Fees

1. Receptacles and Fixtures – First 25 $55.00
Each additional 1.00

2. Motors and Electrical Devices over 1HP to 10HP 45.00
up to 50HP 65.00
up to 100 HP 170.00
larger than above 450.00

3. Transformers and Generators – over 1KW to 10 KW 40.00
up to 45 KW 65.00
up to 121.5 KW 130.00
larger than above 450.00

4. Service Panels, Entrances and Subpanels up to 100 amps 50.00
up to 200 amps 85.00
larger than above 450.00

5. Any installation of any wiring or any voltages operating at 20 volts or more must comply with N.J.S.A. 45:5A et seq., which is the Electrical Contractors Licensing Act of 1962.

6. For any inspection of any discipline (i.e., Building, Electric, Plumbing, Fire) where violations previously cited have not been bated and the third visit to the premises has been made, there shall be imposed a penalty (as required by the Administrative Law of N.J.A.C.5:23-2.18(c) and 2.31(c), equal to the original fee charged for the Subcode but not to exceed $75.00.

7. The following shall establish flat fees:
a. Annual commercial pool permit 65.00
b. Residential above ground pool permit 55.00
c. Residential in-ground pool permit 145.00
d. Air conditioner over 1 HP 40.00
e. Electrical signs 35.00

8. Annual permits-fee charged as per current N.J.A.C. 5:23-4:20 (c).5, State of New Jersey Uniform Construction Code.

9. The Minimum Fee for the Electrical Subcode shall be $35.00.

10. The Fee for Minor Work for the Electrical Subcode shall be $25.00

11. Demolition of a Structure to terminate electrical service is $45.00

O. Fire Protection Subcode Fees

1. Wet and/or Dry Sprinkler Heads 1-20 $75.00
21-100 105.00
101-200 225.00
201-400 450.00
400-1000 775.00
over 1000 800.00
Hydraulic Calculations review/system 50.00
Field fire flow test $50.00

2. Smoke and Heat Detectors 1-5 $35.00
6-10 45.00
11-15 55.00
16-20 65.00
21-25 75.00
26-30 85.00
Over 30 95.00

Manual Pull Stations (Each) $15.00
Audible Devices (Each) 15.00
Control Panel 15.00
Tamper & Supervisory Switches (Each) 15.00
Fire Alarm device changes (Each) 15.00

3. Pre-Engineering Systems
a. Carbon dioxide (CO2) $90.00
b. Foam Suppression 150.00
c. Wet Chemical 90.00
d. Clean Agent 90.00

4. Standpipes $175.00/riser
5. Kitchen Hood Exhaust Systems 75.00
6. Incinerators and Crematoriums 450.00
7. Gas or Oil Fired Appliance 30.00
8. Smoke Control Systems 250.00
9. Underground Fire Mains 50.00
10. Fire Pump (Review & Field Accept.) 195.00
11. Fire Alarm Device Changes 15.00(per device)
12. Flammable or Combustible Liquid Tank Installations
a. Up to 275 gallons $ 75.00/tank
b. 275 to 1000 gallons 100.00/tank
c. 1000 gallons to 2000 gallons 150.00/tank
d. Over 2000 gallons 260.00/tank
13. Removable or Abandonment of AST or UST 60.00/tank
14. Minimum Fee 35.00

E. Mechanical Fees
a. For the direct replacement of a hot air furnace in residential structures (R-3, R-4) the fee shall be a flat fee of $60.00
b. Chimney liners $50.00
c. Gas Fireplaces $45.00

F. Elevator Subcode Fees

a. Elevator Registration and Fees shall be as per NJAC 5:23, Subchapter 12.

The Township of Old Bridge shall enforce the requirements of N.J.S.A. 45:5A et seq., otherwise known as the Electrical Contractors Licensing Act of 1962, including any and all amendments as enacted.

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistencies.

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

This Ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless the Council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Council shall vote in favor of such resolution pursuant to N.J.S.A. 40:69A-181; and upon this Ordinance taking effect shall not be retroactive.

SO ORDAINED, as aforesaid.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Maher, Greene, President Baker.

Prior to the roll call vote Vice President Gillespie opened a public portion.

Ms. Seiler: Is the $50.00 fee per window or for all windows?

Vice President Gillespie: It is our understanding that this fee is $50.00 per permit regardless of the number of windows.

Seeing no further hands Vice President Gillespie closed the public portion.

Prior to the roll the following discussion took place.

Mr. Vincenti: This fee is for window replacement and building rehab. Unfortunately, I cannot tell you if this fee if $50 per window or for the entire permit.

Mr. Seiler: This needs to be spelled out very clearly in the ordinance.

Mr. Vincenti: That fee has not been changed.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 18-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE AUTHORIZING THE SALE OF CERTAIN PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE NO LONGER NEEDED FOR PUBLIC USE AND SETTING THE TERMS AND CONDITIONS OF SUCH SALE

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

SECTION 1: PURPOSE

The Township of Old Bridge is the apparent owner to certain properties known as Block 1003, Lot 40, Block 2000.19, Lots 1-3,10-13 and 41-42, Block 2000.23, Lots 23-24,53-56, 29-35, Block 2000.24, Lots 15-17, Block 2000.25, Lots 20-23, Block 13004, Lots 2.12, 2.13, 3.11, 3.12, 3.13, 3.14, 3.15, Block 13005, Lots 30-31, 59, on the Tax Map of Old Bridge. This land is no longer needed for public use and the Township Council desires to authorize the sale of the property at auction in accordance with all requirements and procedures set forth in the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.),subject to the conditions listed herein.

SECTION 2: AUTHORIZATION TO CONDUCT AUCTION: SALE PRICE

The Township Administrator is hereby authorized to conduct an open public sale at auction to the highest bidder in accordance with N.J.S.A. 40A:12-13. The minimum price for the interest which is authorized to be sold under this Ordinance is as follows:

ADDRESS BLOCK/LOT MINIMUM BID

40 Delray Place B 1003/L 40 $60,000.00

Biondi Avenue B 2000.19/L1-3, $40,000.00
L 10-13 $50,000.00
L 41-42 $50,000.00

Naples Avenue B 2000.23 /L 23-24, 53-56 $90,000.00
L 29-35 $90,000.00

Columbus Avenue B 2000.24/L 15-17 $40,000.00
Biondi Avenue B 2000.25/ L 20-23 $40,000.00
Wesley Road B 13004 /L 2.12, 2.13, 3.11, 3.12, 3.13, 3.14, 3.15 $ 120,000.00

Wesley Road B 13005/L 30 $72,000.00
L 31 $ 40,000.00
L 59 $ 72,000.00

SECTION 3: NOTICE OF SALE

The Township Clerk shall cause the Notice of Sale and Public Notice to be provided in accordance with the statute.

SECTION 4: OTHER TERMS AND CONDITIONS OF SALE

1. The Township of Old Bridge makes no warranty concerning the marketability or the insurability of title to the said parcel. In the event title of the Township of Old Bridge to the said parcel, or portion thereof, is not marketable or insurable at regular rates by a reputable title insurance company licensed to do business in the State of New Jersey, a successful bidder's sole remedy shall be the right to demand the return of any deposit paid to the Township of Old Bridge.

2. At least fifteen (15) days prior to the date of settlement, the successful bidder will provide the Township Attorney with the following:

a) Preliminary report of title with legal description; and

b) Current survey.

3. At least ten (10%) percent of the minimum sales price shall accompany bid, which may be by personal check. The balance of the bid price or purchase price shall be cash, certified or official bank check, payable at the time of transfer of title, but in no event later than thirty (30) days after the date of the land sale; except, in the event that the Township Attorney certifies to the Township that questions of title exist, in which event, payment shall be made within ninety (90) days after the date of land sale, unless further extended by resolution of the Township Council.

4. In the event a successful bidder shall fail to pay the balance as herein provided, the payment made at the time of sale shall be retained by the Township as liquidated damages for the non-performance of said bidder. The Township shall be entitled to rescind the prior bid approval and terminate any and all rights of the designated bidder in said property.

5. The Township reserves the right to reject any and all bids, including the highest bid.

6. The purchaser shall be responsible for terminating any and all existing tenancies.

7. The form of conveyance of said land by the Township shall be a standard form of Quit Claim Deed. The successful bidder shall notify the Township Attorney in writing of any specific request for designation of grantees in said Deed.

8. All sales and conveyances shall be subject to all covenants, conditions, encumbrances, easements, and restrictions, whether of record or not, as well as subject to all presently existing municipal rules, regulations, and ordinances, including the Zoning Ordinance and amendments hereto of the Township of Old Bridge. The sale of any parcel shall in no way bind the Township to provide access or to improve presently existing accesses, whether there be public roads or not, nor is there any representation that, in fact, accesses do exist to any of the parcels named herein.

9. The Deed of Conveyance from the Township to the successful buyer may contain any of the following restrictions, as may be applicable:

(a) This property shall not be utilized for any purpose which is tax exempt from municipal property taxes unless the owner thereof shall pay an equivalent amount to the Township of Old Bridge, which it would otherwise pay as municipal property taxes if the said use of the property was not tax exempt (municipal, school, county, fire district, etc. taxes). This payment in lieu of taxes shall be paid wholly to the Township of Old Bridge, and shall be a condition upon the sale and a restriction as to the use of the property which shall run with the land.

(b) This property shall be utilized solely as open space.

(c) No improvements may be built on the property.

(d) Any future sale of the property shall be subject to the restrictions enumerated herein.

(e) The Township of Old Bridge shall have the right of first refusal should the property be put up for sale.

The Township Clerk shall make known the specific restrictions set forth in this Section in the advertisement and invitation to bid and shall comply with the statute's direction to receive bids under “Option A and Option B” as provided in N.J.S.A. 40A:12-13. The Township of Old Bridge reserves the right to elect either or both options and the highest bid of each. Such acceptance or rejection shall be made not later than the second regular meeting of the governing body following the sale.

SECTION 5: AUTHORIZATION TO EXECUTE DOCUMENTS

The Township Attorney, Mayor and Township Clerk are hereby authorized and directed to execute and deliver any document necessary to effectuate the subject conveyance.

SECTION 6: 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 7: 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 of the ordinance shall be deemed invalid and ineffective.

SECTION 8: EFFECTIVE DATE

This ordinance shall take effect twenty (20) days after publication thereof after final adoption, unless the council shall adopt a resolution at final adoption declaring an emergency and at least two-thirds of all the members of the Council shall vote in favor of such resolution pursuant to N.J.S.A. 40:69A-181; and upon this ordinance taking effect shall not be retroactive.

Moved to table by Vice President Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:

AYES: Councilmen Butler, Calogera, Councilwoman Panos, Vice President Gillespie.

NAYS: Councilmen Testino, Volkert.

ABSENT: Councilmen Greene, Maher, President Baker.

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

Moved by Councilman Butler, seconded by Councilman Volkert. No vote taken.

Councilman Calogera: I have a problem with it (the land) not being earmarked into an open space fund. That was a referendum several years ago which passed 7/1. This was nonbinding and I respect that referendum and the wishes of the people. I will vote "no" because this will not be earmarked towards specific open space fund which could pay a portion of our debt service, i.e., Cedar Ridge. I believe a dedicated fund is needed, and I would like to see an amendment. The residents want the money from the sale of their properties going into a separate fund.

Councilman Testino: Most of these properties came to the township by way of tax foreclosure. The people who lost this property did not pay their taxes. We are now asking that these properties be sold to offset the tax burden. Part of the general obligation fund is dedicated to pay a portion of our debt service on an annual basis. Some of that debt service will be paying the Cedar Ridge II debt service.

Mr. Shah: We have recently borrowed $4.2 million through an infrastructure loan with payments of roughly $200,000 (plus). We are ready to borrow an additional $6 million in a second round of infrastructure, and part of that payment will become due next year.

Councilman Testino: We are paying down some of the open space debt service.

Mr. Shah: Technically, it will work that way.

Councilman Testino: The way the funds are set up, and the way the system works, this is the best way to handle this in your opinion.

Councilwoman Panos: Were all these properties obtained through tax lien and foreclosure?

Mr. Shah: I believe that all of them are from foreclosures, and most are single lots which are many years old.

Councilwoman Panos: There are twelve parcels of land, four of which are undersized lots. There is a possibility of dividing one lot into two undersized lots. There are two lots that are large enough to become a conforming lot. I cannot encourage selling undersized lots.

Vice President Gillespie: We are selling land - not a subdivision nor an approval. The allocation of risk is not on us, but rather on the person who is buying the land. The buyer should beware. This is a public auction, and if someone wants to buy it, there is no guarantee of what may be built. The buyer does not have to be someone who wants to build on it. The buyer could be an existing property owner who wants a buffer. We are allocating the risk that the taxpayers have borne because we have been carrying property on the foreclosure list for so long. We are selling off this risk.

Councilwoman Panos: Were these lots offered to the adjacent homeowners?

Vice President Gillespie: This is a public sale wherein we have a fiduciary responsibility to get the best price possible out of this property because we have been carrying the property as part of our reserve for uncollected taxes, as a lien, as unproductive property for many years in some cases. The whole key to a bid process is to have uncertainty so that we will try to capture the most value for the land.

Councilwoman Panos: I understand that this (sale) is to make money, but a buyer has to be beware buying from their own town. Undersized lots should be offered to the adjacent homeowners. Are we selling off wetlands also?

Vice President Gillespie: It is the buyer's option to buy a piece of land that is not buildable. We are following the law; we have declared the property a surplus. We are putting this out to a public auction. If the land has no value, presumably we are not going to get bids in return, but we have to go through this process. What you are describing is private sales. This is a public bid process. The buyer beware. You are suggesting that someone is going to buy property that cannot be built on because it is wetlands. You are also intimating that somehow we are selling approvals. We are not doing either. We are setting this property aside and putting it out for public bid hoping to realize a tax return for the taxpayers. This is a smart business decision and what smart well-run municipalities who want to manage their tax rate, their reserve for uncollected taxes.

Attorney Convery: This land is no longer needed by the town. We would be selling this land at public auction. Certain conditions, and paragraph 9 indicates that there may be certain restrictions on the deed of conveyance, and this will depend upon the nature of the property. I think it is important that the town explain what they know about the land. Parcel No. 10 states that "wetlands appear to exist on the rear portion of the property". That is the engineering department telling you as the council some of the issues regarding the property. That will be further disclosed when this land goes for sale.

As to whether or a parcel is large enough to be subdivided, you are not selling any approval, but rather a piece of land. It may be that someone wants to buy the land to buffer their own property; it may be that someone owns sufficient land next to it which could form two conforming lots. This is a list of all surplus properties that will be sold with conditions that will apply at the time of the auction through the township engineering office.

I ask that you consider approving the ordinance for the sale with the understanding that these conditions will be made known at the time of the sale, and it will be a public auction.

Vice President Gillespie: The conditions that we are aware of will be disclosed.

Councilwoman Panos: Could there be restrictions on Parcel 5 and 6 that they not be subdivided? You will be creating a hardship for the buyer.

Vice President Gillespie: We are not selling approvals; we are selling land. We are allocating risks, not to ourselves, but to the buyer.

Councilwoman Panos: I cannot approve this.

Mayor Phillips: One of these lots has a house on it. Should we let that house stand vacant and decay, or should we demolish it? We should put this house up for sale on the lot it is on in the hope that a family who needs a house will be able to afford it and buy it.

Councilwoman Panos: We should have demolished that house a long time ago.

Mayor Phillips: That type of house was the very first house my wife and I bought to start our family. My first house had no heat nor hot water at 118 Cook Avenue. We were grateful to get it as our investment.

Attorney Convery: You could go forward tonight, but I recommend that you give me and my staff an opportunity to research some of the issues that are being raised. It would be prudent to table this until your next regular meeting so that we can look at the issue of any conditions of sale.

Vice President Gillespie: This ordinance will be tabled until July 19th.

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

Councilman Calogera: Would money in the open space fund be able to pay off the Cedar Ridge property?

Mr. Shah: For the debt service payment, we would take the money out of open space and anticipate in the budget to pay off the debt service.

Councilman Calogera: The only difference is that you can pay it directly through the budget or through the open space fund. The only difference is with the open space fund, the money is dedicated for that purpose only.

Mr. Shah: Whatever the purpose is that was defined in the open space referendum.

Councilman Calogera: From any sale of properties or whatever, it could be put in an open space fund and that money could be used to pay the Cedar Ridge property and free up that debt service in the budget?

Mr. Shah: You are doing the same thing. If you anticipate a sale, the results are the same.

Councilman Calogera: . . except it's a dedicated fund in the open space fund and cannot be used for anything else at that point.

Mr. Shah: The end result is the same.

Ordinance for First Reading.

1. Adopting a redevelopment plan for the Old Bridge Crossroads Tract.

Vice President Gillespie: This will not be considered this evening, but will be heard on July 19th.

Ordinance for First Reading.

Attorney Convery: This is in regard to Special Needs. The state law changed last year which requires an ordinance to approve long-term tax exemption agreements. I request that you introduce this for first reading. There is no need for discussion, but it is necessary for Old Bridge Special Needs building.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 19-04

AN ORDINANCE AUTHORIZING LONG TERM TAX EXEMPTION AGREEMENT

WHEREAS, Pennrose Properties, LLC (the “Sponsor”) proposes to construct a housing development (the “Project”) within the Township of Old Bridge (the “Municipality”) on a site described as Lot 27.12, Block 17000 as shown on the official assessment map of the Township of Old Bridge, Middlesex County and commonly known as Old Bridge, New Jersey; and

WHEREAS, the Project will qualify for a tax abatement under the Long Term Tax Exemption Law; and

WHEREAS, the Sponsor has presented to the Municipal Council a revenue projection for the Project which sets forth the anticipated revenue to be received by the Sponsor from the operation of the Project, a copy of which is attached hereto as Exhibit “A” and made a part hereof.

NOW, THEREFORE, be it ordained that the Council of the Township of Old Bridge that:

1. The Council authorizes the execution of an agreement substantially in the form of Exhibit “B” on file with the Township Clerk authorizing an in lieu tax payment of 6.28% of the gross shelter rent of the Project; and

2. The Council hereby authorizes and directs the Mayor of the Municipality to execute, on behalf of the Municipality, the agreement on file in the office of the Township Clerk.

3. The Council understands and agrees that the revenue projections set forth in Exhibit “A” are estimates and the actual payments in lieu of taxes to be paid by the Sponsor to the Municipality shall be determined pursuant to the agreement; and

4. The Council understands that the Sponsor will form a limited partnership or a limited liability company in which the Sponsor will be the general partner or managing member, respectively, and that the Municipality may enter into the payment in lieu of taxes agreement with such limited partnership or limited liability company.

The Municipal Clerk is hereby authorized to forward a certified true copy of this Ordinance to Pennrose Properties, Inc., One Liberty Place, Suite 3810, Philadelphia, Pennsylvania, 19103. The Municipal Clerk is hereby authorized to forward a certified true copy of this Ordinance, and the Financial Agreement implementing it, to both the Municipal Tax Assessor and the Director of the Division of Local Government Services.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

Subsequent to the roll call vote the following statement was made.

Attorney Convery: This will be advertised in the newspaper; however, there are several exhibits attached which will not be advertised, but will be on file with the municipal clerk, and the public may view these once the ordinance is advertised.

Consent Agenda.

Vice President Gillespie opened a public portion. Seeing no hands Vice President Gillespie closed the public portion.

C-7 Adopting the Amended Neighborhood Plan (Old Bridge Special Needs).

Attorney Convery: This resolution is being pulled for the time being because sufficient documentation has not been provided. This resolution is not necessary to go forward with Old Bridge Special Needs, but the so-called "Amended Neighborhood Plan" was not provided. If one is necessary, I assure you that we will enact it. The documents provided me by Pennrose Properties did not include that. That was carried over from last March. If you approve C-8 (resolution of need for NJHMFA Funding), C-9 (authorizing balanced housing homes express application) and C-10 (authorizing payment in lieu of taxes agreement), you are approving the necessary resolutions for Old Bridge Special Needs.

Councilman Butler: Are you saying that this is not needed with respect to the other resolutions?

Vice President Gillespie: It is needed at some point, but not with the application.

Attorney Convery: If it is needed, we will do it. However, as of this date, I have not received an amended neighborhood plan, and therefore, we cannot vote on this tonight. It may not be necessary. You are going to approve a resolution of need; a resolution authorizing the application. I believe the mayor has a document that he is prepared to submit to the state recommending the Old Bridge special needs, and you are also approving the resolution authorizing payment in lieu of taxes.

Councilman Butler: It is my understanding that we have to get this information to Trenton by Wednesday. If we need it, and we don't do it tonight, we are in trouble. You are telling me that we don't need this, and that we can go forward with the other resolutions.

Attorney Convery: I am telling you that it has not been provided, and for that reason I don't believe that Pennrose needs it at this point. If it is needed, we will do it.

Vice President Gillespie: We are moving forward on C-8, C-9 and C-10. In the interim we are going to strike C-7 from the agenda tonight. The attorney is going to double check, and if necessary we are going to reconvene by telephone, and we will consider the resolution that way. Having sat on the Housing Authority for two years, not all the documents were executed when they were supposed to be, and we still got our money.

RESOLUTION NO. 377

GRANTING PERMISSION FOR A BLOCK PARTY - RUTLEDGE COURT, JULY 11, 2004

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

WHEREAS, the residents of Rutledge Court have requested permission to close at the intersection of Rutledge Court and Winston Drive for the purpose of a block party to be held on July 11, 2004 (no rain date).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. You will be responsible for making provision to have the roadway blocked making sure that there is access for residents to enter and depart as they desire. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

10. The party must end and streets must be reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 378

GRANTING PERMISSION FOR A BLOCK PARTY - HANSEN ROAD AUGUST 28, 2004 (RAIN DATE AUGUST 29, 2004)

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

WHEREAS, the residents of Hansen Road have requested permission to close at the intersection of Gramercy and Chelsea Roads for the purpose of a block party to be held on August 28, 2004 (rain date August 29, 2004).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. You will be responsible for making provision to have the roadway blocked making sure that there is access for residents to enter and depart as they desire. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

10. The party must end and streets must be reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 379

GRANTING PERMISSION FOR A BLOCK PARTY - LONGVIEW ROAD JULY 14, 2004 (RAIN DATE AUGUST 29, 2004)

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

WHEREAS, the residents of Longview Road have requested permission to close at the intersection of Longview and Orchard for the purpose of a block party to be held on July 14, 2004 (rain date August 21, 2004).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. You will be responsible for making provision to have the roadway blocked making sure that there is access for residents to enter and depart as they desire. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

10. The party must end and streets must be reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 380

GRANTING PERMISSION FOR A BLOCK PARTY - DICKERSON LANE JULY 31, 2004 (RAIN DATE AUGUST 21, 2004)

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

WHEREAS, the residents of Dickerson Lane have requested permission to close at the intersection of Cannon and Mapleton Roads for the purpose of a block party to be held on July 31, 2004 (rain date August 21, 2004).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. You will be responsible for making provision to have the roadway blocked making sure that there is access for residents to enter and depart as they desire. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

10. The party must end and streets must be reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 381

GRANTING PERMISSION FOR A BLOCK PARTY - ANDREW STREET AUGUST 14, 2004 (RAIN DATE AUGUST 15, 2004)

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

WHEREAS, the residents of Andrew Street have requested permission to close at the intersection of Piedmont Drive and Alpha Avenue for the purpose of a block party to be held on August 14, 2004 (rain date August 15, 2004).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. You will be responsible for making provision to have the roadway blocked making sure that there is access for residents to enter and depart as they desire. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

10. The party must end and streets must be reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 382

GRANTING PERMISSION FOR A BLOCK PARTY - CINDY STREET AUGUST 14, 2004

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

WHEREAS, the residents of Cindy Street have requested permission to close at the intersection of Hastings Road and Calvin Court for the purpose of a block party to be held on August 14, 2004.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. You will be responsible for making provision to have the roadway blocked making sure that there is access for residents to enter and depart as they desire. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

10. The party must end and streets must be reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 383

RESCINDING RESOLUTION #259-04 RELEASING PEFORMANCE GUARANTEE FOR PRIMAVERA ESTATES

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 previously authorized the release of the Performance Guarantee for developer of Primavera Estates under Resolution #259-04; and

WHEREAS, the Township Council wishes to rescind Resolution #259-04 due to the developers failure to post the maintenance bond within the forty-five (45) day period for submission.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Resolution #259-04 for the Performance Guarantee release for Primavera Estates is hereby rescinded.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 384

AUTHORIZING GRANT AGREEMENT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT AND ENVIRONMENTAL PROTECTION GRANT IDENTIFIER: WQ04-324

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

WHEREAS, the governing body of the Township of Old Bridge desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $20,619.00 to fund the following project: Municipal Stormwater Regulation Program.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Mayor or the successor to the office of the Mayor is authorized (a) to make application for such a grant, (b) if awarded to execute grant agreement with the State for a grant in an amount not less than $20,619.00 and (c) to execute any amendments thereto which do not increase the Grantee's obligations.

BE IT FURTHER RESOLVED that the Grantee agrees to comply with all applicable federal, state and municipal rules and regulations in its performance pursuant to the agreement.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 385

BINGO/RAFFLE

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

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

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

RA68-04 DARE (NEW JERSEY)

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 386

AUTHORIZING WAIVER OF FEES FOR ST. AMBROSE CHURCH FOR ELECTRICAL PERMITS

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

WHEREAS, St. Ambrose Church has requested that the permit application fee for electrical work, in the amount of $90.00 be waived; and

WHEREAS, St. Ambrose Church is a non- profit organization; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the permit fee in the amount of $90.00 for St. Ambrose Church for electrical work is hereby waived.

BE IT FURTHER RESOLVED b the Township Council that the State's portion of such fees shall be paid by St. Ambrose Church.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 387

ACCEPTING THE BID FOR PLENARY RETAIL DISTRIBUTION LICENSE NO. 1209-44-NEW

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

WHEREAS, the Township Clerk of the Township of Old Bridge determined that there is sufficient population to issue one new plenary retail distribution license; and

WHEREAS, the Township Clerk advertised this sale in accordance wit the regulations of the Division of Alcoholic Beverage Control for the purpose of inviting bidders; and

WHEREAS, in addition to the above, the Township Council posted an advertisement in compliance with regulations in the business opportunity section of the Home News Tribune and the Star Ledger for a five (5) day period beginning n April 18, 2004 and ending on April 22, 2004, which advertisement included one Sunday; and

WHEREAS, the Township Clerk received two bids in regard to this matter; and

WHEREAS, the Township Clerk opened the bids on Monday, June 14, 2004; and

WHEREAS, the highest bid was $286,000.00 submitted by John Bone, mailing address 165 Flanders Drive, Hillsborough, New Jersey 08844; and

WHEREAS, John Bone has posted the additional monies required.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the issuance of Plenary Distribution License No. 1209-44-NEW by the Township Clerk to John Bone effective June 14, 2004 is hereby approved subject to the following conditions:

1 The Licensee may not locate his liquor establishment within 750 feet of schools and places of religious worship. (See Ordinance 6-3.5(d) of the Township of Old Bridge).

2. If the licensee acquires, owns or puts in use a liquor distribution store, the licensee must present an application to the Township Council to site the license before putting same in use.

3. In the event the license is to be sited in an existing structure, the licensee shall put the liquor license into active use within (6) months following acceptance of the bid. In the event the licensee proposes to construct or substantially renovate a building to house the liquor distribution operation, the following deadlines shall apply:

4.. The licensee shall submit a complete application for Planning Board or Board of Adjustment approval (if required) within six months following acceptance of the bid.

5. Any required building permits shall be obtained within one (1) year following acceptance of the bid.

6. Construction of any new building or renovation shall be completed within eighteen (18) months following acceptance.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 388

A UTHORIZING A BUDGET TRANSFER IN THE AMOUNT OF $1,000.00 IN THE CURRENT SFY 2004 BUDGET

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 Budget, 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 $1,000.00 be made between the Current SFY 2004 Budget as follows:

General Account
Department From To

Social Security - Other Expenses $1,000.00
Public Safety - Other Expenses $1,000.00 $1,000.00 $1,000.00

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

RESOLUTION NO. 389

RESOLUTION OF NEED FROM MUNICIPALITY

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

WHEREAS, Pennrose Properties, LLC or its affiliate (hereinafter referred to as the “Sponsor”) proposes to construct a 61 unit housing project for low-income families (hereinafter referred to as the “project”) pursuant to the provisions of the New Jersey Housing and Mortgage Finance Agency Law of 1983, as amended (N.J.S.A. 55:14K-1 et seq.), the rules promulgated thereunder at N.J.A.C. 5:80-1.1 et seq., and all applicable guidelines promulgated thereunder (the foregoing hereinafter collectively referred to as the “HMFA Requirements”) within the limits of the Township of Old Bridge (hereinafter referred to as the “Municipality”) on a portion of the site described as Lot 27.12, Block 17000 as shown on the Official Assessment Map of the Township of Old Bridge, Middlesex County and commonly known as Old Bridge Independent Living for Persons with Disabilities Housing, New Jersey; and

WHEREAS, the Project will be subject to the HMFA Requirements and the mortgage and other loan documents executed between the Sponsor and the New Jersey Housing and Mortgage Finance Agency (hereinafter referred to as the “Agency”); and

WHEREAS, the Project will be subject to requirements of the New Jersey Department of Community Affairs (hereinafter referred to as the "Department of Community Affairs"), Neighborhood Preservation Balanced Housing Program in accordance with N.J.S.A. 52:27D-320 and applicable rules promulgated thereunder at N.J.A.C. 5:43-1.1 et seq., and the mortgage and other loan documents executed between the Sponsor and the Commissioner of the Department of Community Affairs; and

WHEREAS, pursuant to the HMFA Requirements, the governing body of the Municipality hereby determines that there is a need for this housing project in the Municipality.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Old Bridge (the “Council”) that:

(1) The Council finds and determines that the Old Bridge Independent Living for Persons with Disabilities Housing development proposed by the Sponsor to consist of sixty-one units for lease to low-income tenants with physical disabilities meets or will meet an existing housing need; and

(2) The Council does hereby adopt the within Resolution and makes the determination and findings herein contained by virtue of, pursuant to, and in conformity with the provisions of the HMFA Law to enable the Agency to process the Sponsor's application for Agency funding to finance the project.

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

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

Councilman Calogera: I thank the Housing Authority and Chairperson Gurliaccio. They had the vision to know how to meet the needs of our community.

Councilwoman Panos: The zoning board deserves credit for this.

RESOLUTION NO. 390

APPLYING AND ACCEPTING N. P. BALANCED HOUSING FUNDS

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 desires to apply for and obtain a grant from the New Jersey Department of Community Affairs, Neighborhood Preservation Balanced Housing Program for an amount not to exceed the maximum amount allowed in accordance with N.J.A.C. 5:43 for the purpose of the new construction of 61 units of rental housing for persons with physical disabilities in the Old Bridge Independent Living for Persons with Disabilities Housing development.

BE IT THEREFORE RESOLVED, that the Township of Old Bridge does hereby authorize the application for and the execution of a contract for the receipt of such a grant from the New Jersey Department of Community Affairs and does further, upon the execution of such a contract, authorize the expenditure of such funds pursuant to the terms of said contract between the Township of Old Bridge and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are authorized to sign the application and that they or their successors in said titles are authorized to sign the contract and any other documents necessary in connection therewith

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

AYES: Councilmen Butler, Calogera, Testino, Volkert, Councilwoman Panos, Vice President Gillespie.

NAYS: None.

ABSENT: Councilmen Greene, Maher, President Baker.

Prior to the roll call vote the follo