A Combined Meeting of the Township Council of the Township of Old Bridge was held on February 23, 2004 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker.

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 23, 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 RESOLED by the Township Council of the Township of Old Bridge that the bill listing of February 23, 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 $3,430.00 (Mitch Coffman).

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

AYES: Councilmen Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Butler, Maher.

RESOLUTION NO. 119

BILL LIST

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 23, 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 RESOLED by the Township Council of the Township of Old Bridge that the bill listing of February 23, 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 $924,273.47 (Payroll).

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

AYES: Councilmen Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

ABSENT: Councilmen Butler, Maher.

RESOLUTION NO. 120

BILL LIST

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

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of February 23, 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 RESOLED by the Township Council of the Township of Old Bridge that the bill listing of February 23, 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 $45,071.79. (Overtime).

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

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

NAYS: None.

ABSENT: Councilman Maher.

Report of the Attorney

Attorney Ruggierio: Under our ordinances, I have appointed Jerry Convery as my deputy. Mr. Convery is a very competent local attorney who will possibly be appointed as my successor as township attorney. He is on board now, and we are doing a transition.

I would like to take this time to thank the council and the mayor and every one of the department heads I have worked with throughout my time in Old Bridge. This has been a great experience as your director of law. I would also like to say that I have been so blessed with people who have had their attention turned toward public business in a very positive way. By that I mean the people that I work with presently, the mayor now and the mayor in the past have been people that I think deserve a lot of respect for the hard work they do. The residents of Old Bridge have been wonderful in cooperating with me in my job. They have been supportive in the council chambers. I express my public thanks.

Councilman Gillespie: I have not always agreed with Bill on certain things, and I have not always agreed with some of his opinions, but I commend him on his many years of service to the town. When Bill first started, one of the things he did with distinction along with Tom English was to settle the library issue. He did an exceptional job on that.

Councilman Butler: I was on the interviewing team that brought Bill to Old Bridge. He has been a tremendous hard working man. He has represented Old Bridge very well. We will miss him, but thank him for the work and time he put in.

Councilman Calogera: I have been involved with Bill for many years during which you have given me good advice. You are a man of integrity, and I thank you for that. You will be missed.

Councilman Testino: Sorry to see you go. I wish you well on your new job. I would like you to stay on board to work on cases that you worked on for a very long time. I hope you will help us out. This is only a farewell. I know that you will serve on your new job very well.

Councilwoman Panos: I thank you for your service to this town. What happened to that injunction?

Attorney Ruggierio: I hope to have that filed tomorrow.

Councilman Greene: It has been a pleasure working with you, and I wish you a lot of success in your new position.

Councilman Volkert: I have watched Bill on television, and he always had the township in mind whenever he did anything, and I wish him good luck in his new job.

President Baker: We all wish you well in your new job. He will be in the state, so that if we need him, we can reach out to him.

Public comments

Martin Segura (8 Robin Lane): Appeared before the council to express his concerns about the Breakfast Club. He particularly addressed the overpopulated building and the potential danger relating to parking. He expressed his frustration with early morning noise level and lack of police intervention.

Attorney Ruggierio: The Township of Old Bridge is involved with the Breakfast Club on a number of levels. The Township Council is the licensing authority for the liquor license. Their conduct during the year (July 1 through June 30) will be something that has to be taken into account when the Township Council moves to renew the license. The Township Council is a quasi-judicial body when it considers the award or conditional award of a liquor license. We must be careful about what we say and how we conduct ourselves in connection with the licensee. We must be prudent and circumspect because we don't want to appear to have made up our minds already. There are things that are associated with licenses when conditioned.

That is one role that we have as a licensing body. The other part of this does not involve the council; it involves the administration, i.e., there has to be compliance with our zoning codes. The plans that are on file with the Township of Old Bridge must comply with those codes. It is that element of our role as a township. The avenue that we have decided to take is an injunction, for which I plead guilty for being behind in getting that out. It should be out in two days at the latest. We will be asking the court to enforce our zoning laws. The reason why we don't go beyond that and file a case in municipal court has to do with legal strategy that I don't want to discuss in public, but I don't think the enforcement of zoning violations is that well done in the municipal court because municipal court is busy with a lot of other things.

Appointment

RESOLUTION NO. 121

APPOINTING LINDA SEILER TO THE LIBRARY BOARD

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

Linda Seiler be appointed to the Library Board to fill an unexpired term ending December 31, 2005.

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

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

NAYS: None.

ABSENT: Councilman Maher.

Hearing

1. Forest Gardens - release/reduction of performance guarantee.

Andrew Ulrich (Wilf & Silverman): I am here on behalf of the Forest Gardens developers and their application for the performance bonds to be released.

Mr. Vincenti: Forest Gardens is a residential townhouse subdivision at Rt. 34 and Disbrow Road with eight separate buildings. We are currently holding a reduced performance guarantee. There was a 44% reduction in January 1995. All the work has been done; however, there is an issue with respect to road paving. Our office did the pavement cores, and we found a deficiency and calculated that $17,000 would suffice to top the road to make up the pavement deficiency. We are currently holding a total of $304,409.62. We recommend a release of the performance bond subject to a number of items.

There are four items contained in our January 22, 2004 review. The first is non-refundable retention of $17,000 from the cash currently on file for the pavement deficiency thickness. That would relate to a cash deposit return of $10,673.60. It is my understanding that the homeowners association may be asking the township to take maintenance responsibility of those roads. The question to be determined at a later date would be who would get that money. It is currently a private road so that the $17,000 should go to the homeowners association.

The second item of our recommendation is the submission of the as-built drawings. I believe that we have them on file, but this is an old file, and we need to check that because I have not been able to find the as-builts.

The third is an outstanding issue, but we have been unable to find the letter of compliance from Freehold Soil.

The fourth recommendation is the posting of a maintenance bond for two years in the amount of 15% of the amount of the original performance guarantee. We did reach out to the homeowners association, but have received nothing back to date.

Mr. Ulrich: I have a request with respect to the $17,000 settlement amount. I was unable to speak to anyone in Forest Gardens this week about the acceptability of this settlement. This hearing has been listed several times, and I was not aware of the notice requirements from Old Bridge. I don't know if this is possible to put this off for another two weeks or another month. However, I would like to get confirmation from my client about the $17,000 settlement.

Attorney Ruggierio: Rather than have another hearing, why not come back with a statement of acceptability to your client? Assuming this is acceptable to the Township Council, you won't have to go through the entire process. If not, we will move this to a formal hearing.

Councilman Testino: I prefer to push this forward. I want to make sure that the as-builts are in and the swales in the back are . . . We are going to have problems with the neighboring property. I don't want anyone to say that this property was not built right. This backs up to another project.

Mr. Ulrich: The other project is called Farmview Acres.

Councilman Testino: There has already been complaints about water problems. Residents are complaining that this development was not built as sold. I want to make sure that the as-builts are as per the plan. I want your opinion on the record that all is the way it should be. We will have people up in arms when the other piece gets developed. The only thing that this association has to do is to maintain the detention basin and obtain insurance for the homeowners in the common areas. They are not likely to respond on an immediate basis. I want to reach out to them once again.

Mr. Vincenti: The attorney for the homeowners association is David Berne from Stark and Stark, and we have not had a response.

Councilman Testino: Send it to the association.

Councilman Greene: We have a letter from Mr. Ulrich stating that proper notification in a newspaper was not accomplished. That issue has to be worked out.

Mr. Ulrich: I did not do that properly, but for this particular hearing the Clerk is in possession of the affidavit of publication. The hearing was January 26; I sent the letter that day.

Mr. Vincenti: The notices were not accomplished in January. We postponed the hearing until tonight. The notices were sent; the Clerk received that information late today.

Councilman Maher: Is this the subdivision where Annie Drive is?

Mr. Vincenti: No.

Mr. Liefert (23 Forest Gardens Drive): I am the current president (homeowners association), and I have spoken to the other members of the board. Rich Hennessey is the property management representative. We have issues, but I believe we don't want to target the release of the performance bond; we want to target the balance of the maintenance money. We have had to re-grade eighteen driveways; pay for water pipes because they were not at the right depth. We have had many issues for which we want to try to recoup the money from the maintenance bond. Would I want to hold up the release of the performance bond for these issues, or would I want to attack the maintenance money?

Mr. Vincenti: The reason we notify the homeowners association is for you to notify us now (of problems). We are going to defer. I suggest that we set up a meeting for you to express your concerns.

Mr. Liefert: Our property management officer is in the process of documenting these issues.

Motion

to hear the release/reduction of the performance guarantee for Forest Gardens in one month with a letter of notice of meeting to Messrs. Ulrich and Liefert by regular and certified mail made by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

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

Councilman Calogera: It is my understanding that those items left undone or done improperly by the builder are what the performance guarantee covers. I believe this is not for individual units. If there are any items the Mr. Liefert has which fit into that category (besides the roadways), I wish you would let us be aware of that so that we can adjust the bond.

Visitors.

I welcome our younger constituents from Boy Scout Troop No. 129 (Weeblos) from St. Ambrose. They are working toward their citizen patch by attending our township meeting to see how our government functions.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 04-04

ORDINANCE AMENDING ORDINANCE NO. 56-03 VACATING A PORTION OF TICETOWN ROAD

WHEREAS, the Township Engineer has evaluated a request for the vacation of an unimproved portion of Ticetown Road which is between the Southwood Development and lands of Crystal Homes, Inc.; and

WHEREAS, this portion of Ticetown Road, which is depicted on a survey of Block 17007, Lot 2 is no longer needed for use as a public roadway; and

WHEREAS, Ordinance 56-03 previously vacating this portion of Ticetown Road contained errors in the description of the property which is being corrected by this amendment.

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

SECTION 1: PURPOSE

The purpose of this Ordinance is to vacate an unimproved portion of Ticetown Road right of way which is no longer needed for public use by the Township of Old Bridge.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of Ticetown Road as depicted on a survey of Block 17007, Lot 2 and more fully described in the document entitled “Exhibit A-1” on file in the Township Clerk's office, The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress and egress relating thereto.

The consequences of this vacation shall be that title to one half the parcel described in “Exhibit A-1” shall transfer to the owners within the Southwood Development and title to one half the parcel described in “Exhibit A-1” shall transfer to Crystal Homes Inc. along that portion of the roadway to be vacated. The use of this additional land shall be limited to accessory uses appurtenant to the existing primary use of the property and shall not be credited for additional density in the event of a future subdivision.

Within sixty (60) days of the effective date of this Ordinance a certified copy of this Ordinance together with proof of publication of all exhibits shall be filed with the Clerk of Middlesex County for recording.

SECTION 3: INCONSISTENT ORDINANCES

All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repeated to the extent of such inconsistency.

SECTION 4: PARTIAL INVALIDITY

If any section, paragraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJ
SA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

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

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE NO. 05-04

REFUNDING BOND ORDINANCE PROVIDING FOR THE REFUNDING OF THE TOWNSHIP'S OUTSTANDING CALLABLE:(i) GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996, DATED FEBRUARY 1, 1996; AND (ii) GENERAL IMPROVEMENT BONDS, SERIES 1996,DATED MARCH 1,1996; AUTHORIZING THE ISSUANCE OF UP TO $7,150,000 OF GENERAL OBLIGATION REFUNDING BONDS OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, TO FINANCE THE COSTS THEREOF; MAKING CERTAIN DETERMINATIONSAND COVENANTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The Township of Old Bridge, County of Middlesex, New Jersey ("Township"), is hereby authorized to refund its:

(i) outstanding callable General Obligation Refunding Bonds, Series 1996, dated February 1, 1996, in the aggregate principal amount of $4,045,000, and maturing in the principal amounts of $575,000 on July 15, 2005, $565,000 on July 15, 2006, $555,000 on July 15, 2007, $545,000 on July 15, 2008, $535,000 on July 15, 2009, $560,000 on July 15, 2010 and $710,000 on July 15, 2011 (collectively, the "1996 Callable General Obligation Bonds"); and

(ii) outstanding callable General Improvement Bonds, Series 1996, dated March 1, 1996, in the aggregate principal amount of $2,600,000, and maturing in the principal amounts of $400,000 on March 1, 2005, $400,000 on March 1, 2006, $400,000 on March 1, 2007, $400,000 on March 1, 2008, $400,000 on March 1, 2009, $400,000 on March 1, 2010 and $200,000 on March 1, 2011 (collectively, the "1996 Callable General Improvement Bonds"; together with the 1996 Callable General Obligation Bonds, the "Callable Bonds").

The exact principal amount of Callable Bonds to be refunded (which may be less than all of the Callable Bonds) shall be determined pursuant to a resolution adopted by the Township Council by not less than two-thirds of all the members thereof.

Section 2. To effectuate the refunding of the Callable Bonds, negotiable general obligation refunding bonds of the Township are hereby authorized to be issued in one or more series in an aggregate principal amount not to exceed $7,150,000 ("Refunding Bonds"), pursuant to the Local Bond Law. The exact principal amount of Refunding Bonds to be issued and terms thereof shall be determined pursuant to a resolution adopted by the Township Council by not less than two-thirds of all the members thereof.

Section 3. An aggregate amount not exceeding $125,000 for the items of expense listed in and permitted by Section 51.b. of the Local Bond Law, N.J.S.A. 40A:2-51.b., has been included in the aggregate principal amount of the Refunding Bonds authorized herein.

Section 4. The purpose of the Refunding Bonds is to affect an interest cost savings for the Township.

Section 5. Each Refunding Bond authorized herein shall be designated, substantially, "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Refunding Bond, Series 200_" and shall be in the form prescribed and permitted by the Local Bond Law, as Bond Counsel may advise, and as the Township shall approve.

Section 6. The Refunding Bonds may be sold at public or private sale pursuant to a resolution of the Township Council adopted by not less than two-thirds of the full members thereof.

Section 7. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.

Section 8. A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption, together with a complete statement in the form prescribed by the Director and signed by the Chief Financial Officer of the Township as to the outstanding indebtedness to be refunded by the issuance of the Refunding Bonds.

Section 9. This refunding bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this refunding bond ordinance as finally adopted.

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

AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

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

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

Mr. Shah: We are requesting this ordinance because we have a potential savings of about $451,366. An analysis was given to you. The present value savings $ 378,000; the annual cash flow savings is $56,000, and I think it is beneficial for us to go forward with this. There are two resolutions which the council will need to adopt included in this agenda. These will allow us to go to the Local Finance Board for approval and to hire a financial advisor.

Councilman Testino: I am sure this is going to save us money; otherwise, no one would be recommending us to refund. Is this the only person interested in doing the refunding? How did we arrive at Commerce Capital Markets?

Mr. Shah: Commerce Capital brought this to my attention. This is a normal practice for various banking/investment industries. This is an analysis. The actual savings will be done through a process of RFP and finding the firm that will give us the lowest interest rate on our refunding bonds. The savings could be higher, but it will be approved by the council.

Councilman Testino: Don't we have a financial analyst to review this on our side of the aisle instead of the banking side?

Mr. Shah: Commerce Capital will be the financial advisor on our side of the aisle. They won't be bidding on these bonds. They are not the actual broker for the bonds.

Councilman Testino: They are not looking to make the market?

Mr. Shah: No.

Councilman Testino: Is there a particular individual that we are dealing with?

Mr. Shah: They will be helping us in following through the process and finding the broker firm that will give us the highest savings.

Councilman Testino: What is their pay on this, and do we have to bid that out?

Mr. Shah: This is a contract for professional services. The amount is $12,500.00.

Councilman Gillespie: They will be employed for this one issue?

Mr. Shah: Yes.

Councilman Testino: Should we have someone review our outstanding bonds?

Mr. Shah: They have reviewed all the outstanding bonds. Most of our bonds since 1996 will not generate the savings that is required under the statute. These are the bonds that were previously refinanced (1996 issue) where we have substantial savings. Subsequent bond issues do not have sufficient savings under the statute for us to go forward with a refinancing.

Councilman Testino: Someone comes in on spec and reviews all our bonds. They find out where we are going to save money, and for doing that we are going to award them the contract, correct?

Mr. Shah: Yes.

Consent Agenda.

RESOLUTION NO. 122

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:

RA 41-04 Grissom School
RA 42-02 Most Holy Redeemer Church
RA43-02 Catholic Daughters of America
RA44-04 Catholic Daughters of America

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 123

GRANTING PERMISSION FOR A CLASSIC KNIGHTS CAR CLUB CAR SHOW

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

WHEREAS, Classic Knights Car Club is requesting permission to hold a car show on Sunday, July 18, 2004 from 10:00 a.m. to 4:00 p.m. at the municipal parking lot. The rain date will be Sunday, July 25, 2004; and

WHEREAS, the monies raised from this event will be donated to the D.A.R.E. program and the Municipal Alliance program.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to the Classic Knight's Car Club to hold its car show subject to submission of all permits and a certificate of insurance.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 124

AUTHORIZING RARITAN BAY MEDICAL CENTER FAMILY DAY

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

WHEREAS, a request has been made by the Raritan Bay Medical Center to hold a Family Day on Saturday, June 12, 2004 from 11:00 a.m. to 3:00 p.m. and 7:00 p.m. to 11:00 p.m.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge that permission to hold said Family Day is hereby approved subject to the following:

1. Submission of a site plan to include the following:

a. depict type of structures, location & size
b. any outbuildings and use
c. location of any vendors – sale of food included
d. staging area, auxiliary uses, how many
e. location of toilet facilities and how many
f. construction of bleachers, any seating arrangements and all electrical equipment

2. Reimbursements to Township for overtime inspection fees and police performed on Sunday/holiday, if applicable.
3. Approval by Township Council for use of overtime for inspections and police.
4. Submission of fire rated certificate for tents
5. Original certificate of liability insurance in the amount of $1,000,000.00 naming the Township as certificate holder
6. Obtain required fire permit from fire official

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 125

GRANTING PERMISSION TO EXTEND THE NOISE ORDINANCE FROM 10:00 P.M. TO 1:00 A.M. AT 287 GORDON ROAD FOR A WEDDING RECEPTION

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

WHEREAS, the resident at 287 Gordon Road is planning an outdoor wedding reception on Saturday, August 28, 2004, from 5:00 p.m. to 1:00 a.m.; and

WHEREAS, the resident at 287 Gordon Road is requesting permission to extend the noise ordinance from 10:00 p.m. to 1:00 a.m.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to the resident of 287 Gordon Road to hold their wedding reception and extend the noise ordinance until1:00 a.m. subject to submission of all permits and contingent upon certain guidelines from the Code Enforcement, Fire, Health and Police Departments.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 126

SUPPORTING NJDOT ROUTE 35, SECTION 4 REHABILITATION

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

WHEREAS, the New Jersey Department of Transportation (NJDOT) has concluded that Route 35 roadway is in need of rehabilitation, widening, improved drainage and the replacement of an existing culvert; and

WHEREAS, these improvements are proposed for a section of Route 35 that is 2.1 miles in length from Old Bridge Township in Middlesex County to Aberdeen Borough in Monmouth County; and

WHEREAS, the Township Council is of the opinion that the public interest would best be served by the implementation of these improvements; and

WHEREAS, the Township Council encourages the NJDOT to seriously consider the comments and suggestions received from the residents and staff of Old Bridge Township from several meetings dating back to 1999.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 127

AUTHORIZING RENEWAL OF 2004 AMUSEMENT LICENSE FOR THE GOLF CENTER, INC. D/B/A FUNMANIA

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

the amusement games license for Legends of Golf, d/b/a Funmania located at 2441 Route 18 & Spring Valley Road, in Old Bridge Township is hereby renewed for 2004, subject to the following:

1. In granting these approvals, pursuant to the Zoning Board of Adjustment, the tract will be a commercially operated permanent business opened to the public more than thirty (30) consecutive days annually whose acreage is designed and themed for the primary purpose of providing participatory amusements and incorporates food, merchandise and amusement rides (of the type required to be licensed under N.J.S.A.5:3-31 et seq.) in permanent structures; and

2. By Ordinance No. 9-97, the Township Council of the Township of Old Bridge, by adding new Sections 5-4.10 through 5-4.10 through 5-4.17 inclusive of Chapter V of the Code of the Township of Old Bridge, to be entitled Redemption Amusement Games, made certain findings, including but not limited to the finding that the tract, when developed in accordance with approvals previously granted, will be recognized as an amusement park as that term is used in the Amusement Gaming Licensing Law (N.J.S.A. 5:8-100 et seq.); and

BE IT FURTHER RESOLVED, that the Township Council of the Township of Old Bridge finds that the Applicant is duly qualified to hold, operate and conduct Redemption Amusement Games that the Principals of the Applicants are persons of good moral character and have never been convicted of a crime; that the Applicants Redemption Amusement Games are to be held, operated and conducted in accordance with the ordinance, the Amusement Games Licensing Law and the rules and regulations governing the holding, operation and conduct thereof; and the Township Council is satisfied that the prizes to be offered and given in any single game shall be of merchandise only of a retail value not in excess of $15.00 and that no such prizes will be redeemed or redeemable directly or indirectly for money.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 128

AUTHORIZING AN AGREEMENT MIDDLESEX COUNTY AND THE TOWNSHIP OF OLD BRIDGE FOR A MUNICIPAL ALLIANCE GRANT TO BE USED FOR ALCOHOL AND DRUG ABUSE PREVENTION

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

WHEREAS, the County of Middlesex has received a grant from the State of New Jersey to provide the sum of $54,133.00 to the Township of Old Bridge to be used for alcoholism and drug abuse prevention and education services provided by the Municipal Alliance programs; and

WHEREAS, the County of Middlesex grant will be used as follows: $52,533.00 to be used for related municipal alliance activities and $1,600.00 to be used for municipal alliance training activities.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, and State of New Jersey that the execution of the agreement with the County of Middlesex and the Township of Old Bridge is hereby authorized.

BE IT FURTHER RESLVED that the Mayor and Township Clerk are hereby authorized to sign any and all documents necessary to effectuate the terms of this agreement as may be approved in form by the Township Attorney.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 129

AMENDING RESOLUTION NO. 591-03 AMBOY MADISON REMOVAL OF CONDITION OF SUBMISSION OF MAINTENANCE GUARANTEE

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

WHEREAS, on November 24, 2003 the Township Council memorialized the release of the performance guarantee for Amboy National Bank Gaub Road facility; and

WHEREAS, said resolution included the condition that said release be subject to posting a maintenance bond in the amount of $40,125.00 for a two-year period; and

WHEREAS, on December 22, 2003, Attorney Jonathan Heilbrunn indicated that he requested the release of said performance bond without the posting of the two-year maintenance guarantee based upon the fact that the bond was posted in 1990 and that the building and improvements have been deemed satisfactory; and

WHEREAS, John Vincenti, the township engineer, has indicated that there are no objections to the release of the performance guarantee without the posting of the maintenance guarantee.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that Resolution No 591-03 dated November 24, 2003 is hereby modified to reflect the removal of the condition that a maintenance guarantee be posted.

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

AYES: Councilmen Butler, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 130

AUTHORIZING CONTRACT TO ENVIRONMENTAL RESOLUTIONS, INC. FOR REVIEW OF DEVELOPER APPLICATIONS TO THE ZONING BOARD

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 Engineering Department requires assistance for the review of development applications submitted to the Planning Board during the year of 2004; and

WHEREAS, the Township Engineer recommends Christopher J. Noll, PE, Environmental Resolutions, Inc. 124 Gaither Drive, Suite 160, Mount Laurel NJ 08054 be appointed as the consulting engineer; and

WHEREAS, Environmental Resolutions, Inc., a licensed New Jersey firm was and is a recognized as capable and available to undertake such work.

WHEREAS, the Local Public Contracts Law (NJSA 40A:11.1, et seq.) requires that a Resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised.

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

1. The firm of Environmental Resolutions, Inc. is awarded a contract for assistance to the Township Engineering Department for Planning Board review. This award shall be for an amount as per the fee schedule on file with the Township Clerk.

2. The amount of the contract is contingent upon the funds being paid out of escrow.

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

This resolution is conditioned upon the following:

a. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

b. Compliance by the vendor with signing the mandatory affirmative action language required by law.

c. Compliance by the vendor with filing of Affirmative Action Form AA302 or AA201 or otherwise complying with Affirmative Action employee information reporting.

No contract shall be considered awarded unless, and until, the above requirements are executed.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 131

AUTHORIZING CANCELLATION OF CDBG MORTGAGE OF EDWARD G. AND GEORGIA KAYLOR

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

WHEREAS, a Community Block Development Grant (CDBG) mortgage was entered into by Edward G. and Georgia Kaylor with the Township of Old Bridge for premises known as 476 Brookside Avenue, Laurence Harbor, New Jersey 08879; and

WHEREAS, the amount of the CDBG mortgage was in the amount of Ten Thousand Six Hundred Ninety Four Dollars ($10,694.00); and

WHEREAS, the above-named individuals have paid the outstanding amount of the mortgage and are requesting cancellation of said mortgage.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the CDBG mortgage in the amount of $10,694.00 is hereby cancelled. The Township Council authorizes the Mayor and Clerk to execute the discharge documents.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 132

AUTHORIZING PROFESSIONAL SERVICE CONTRACT WITH MCDONOUGH & REA ASSOCIATES, INC. FOR THE PLANNING BOARD

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 requires the services of a professional traffic engineering firm for the purposes of providing consultant services to the planning board from January 1, 2004 to December 31, 2004; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11.1, et seq.) requires that a resolution authorizing the award of contracts for professional services without competitive bids must be publicly advertised; and

WHEREAS, McDonough & Rea Associates, Inc., a licensed New Jersey firm, is recognized as capable and available to undertake such work.

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

1. McDonough & Rea Associates, Inc. with principal offices located at 2517 Highway 35, Building G, Suite 201, Manasquan, New Jersey 08736 be and hereby is awarded a contract for assistance to the planning board for consultant services.

2. The services of McDonough & Rea Associates, Inc. will be paid from development escrow accounts and a certification of funds is not
required.

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

4. This contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Public Contract Law (N.J.S.A. 40A:11-5(1)(a)(I) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of a contract for Professional Services shall be published in the official newspaper of the Township of Old Bridge.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Compliance by the vendor with signing the mandatory affirmative action language required by law.

C. Compliance by the vendor with filing of Affirmative Action Form AA302 or A201, or otherwise complying with affirmative action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 133

AUTHORIZING CONTRACT TO MARK REMSA, P.P., PLANNING CONSULTANT FOR THE PLANNING BOARD

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 requires the services of a professional planning firm for the purposes of providing consultant services to the planning board from January 1, 2004 to December 31, 2004; and

WHEREAS, Mark Remsa, P.P., a licensed New Jersey firm, was and is recognized as capable and available to undertake such work.

WHEREAS, the Local Public Contracts Law. (N.J.S.A. 40A:11.1, et seq.) requires that a resolution authorizing the award of contracts for professional services without competitive bids must be publicly advertised.

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

1. Mark A. Remsa, PP, CLA, AICP, ASLA, with principal offices located at 10 Dewberry Court, Mount Laurel, New Jersey 08054 be and is hereby awarded a contract for assistance to the planning board and zoning board of adjustment at an hourly rate of $140.00 for consultant services.

2. The services of Mark A. Remsa, PP will be paid from development escrow funds and a certification of funds is not required.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The township attorney shall review any and all contractual documents prepare din furtherance of this award.

4. This contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Public Contract Law (N.J.S.A. 40A:11-5(1)(a)(I) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of a contract for Professional Services shall be published in the official newspaper of the Township of Old Bridge.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Compliance by the vendor with signing the mandatory affirmative action language required by law.

C. Compliance by the vendor with filing of Affirmative Action Form AA302 or A201, or otherwise complying with affirmative action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 134

AUTHORIZING THE PREPARATION AND SUBMISSION OF AN APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-51

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, State of New Jersey ("Township"), desires to make application to the New Jersey Local Finance Board seeking its approval for the adoption by the Township of a refunding bond ordinance authorizing the issuance of general obligation refunding bonds of the Township in the aggregate principal amount of up to $7,150,000; and

WHEREAS, the Township of Old Bridge believes:

(a) it is in the public interest to accomplish such purpose;

(b) said purpose or improvements are for health, welfare, convenience or betterment of the residents of the Township of Old Bridge;

(c) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant; and

(d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Township of Old Bridge and will not create an undue financial burden to be placed upon the Township of Old Bridge.

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

Section 1. The application to the Local Finance Board is hereby approved, and the Township of Old Bridge's bond counsel, solicitor and auditor along with other representatives of the Township of Old Bridge are hereby authorized to prepare such application and to represent the Township of Old Bridge in matters pertaining thereto.

Section 2. A copy of this resolution shall be prepared and filed with the Local Finance Board as part of such application.

Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey law.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 135

CORRECTING SFY 2004 BUDGET WITH RESPECT TO MATCHING FUNDS FOR GRANTS (INDIVIDUALS WITH DISABILITIES)

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

WHEREAS, N.J.S.A. 40A:4-85 provides that the Director of the Division of Local Finance may at the request of or with the consent of the governing body of any county or municipality make such correction of the title, text or amount of any appropriation appearing in the budgets as may be necessary to make said item of appropriation available for the needs of any such county or municipality.

NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of N.J.S.A. 40A:4-85, the Township of Old Bridge hereby requests the Director of the Division of Local Finance to make the following corrections in the budget of the year 2004:

From: Matching Funds for Grants at $10,000.00
To: Matching Funds for Grants at $8,000.00
Local Match for Individuals with Disabilities Grant in the amount of $2,000.00

BE IT FURTHER RESOLVED that the foregoing correction is in the opinion of the governing body warranted and authorized by the statute above referred to and is necessary for the orderly operation of the Township of Old Bridge, County of Middlesex, State of New Jersey for the reasons hereinafter set forth:

Award of $10,000 grant from Recreation for Individuals with Disabilities Program that requires 20% local match.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 136

AUTHORIZING A THREE (3) YEAR LEASE WITH RICOH FOR TWO COPIERS FOR THE POLICE DEPARTMENT

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 wishes to enter into a three (3) year lease with Ricoh for two (2) copiers for the police department; and

WHEREAS, the lease under State Contract for a cost as follows
$697.72 for the balance of year 2004
$2,093.16 per year for 2005 and 2006
$1,395.44 for eight months in 2007

for up to 5,000 copies per month. Excess copies will cost $0.145; and

WHEREAS, the maintenance contract for these machines shall be at a cost as follows:
$290.00 for the balance of the year 2004
$870.00 per year for 2005 and 2006
$580.00 for eight months in 2007

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

1. Ricoh is hereby awarded a contract in the total amount of $8,889.48 for two (2) copier machines and their maintenance.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds each year certifying the existence of a sufficient appropriation to fund the said contract. The Certification of Availability of Funds No.1203 for $697.72 and No. 1204 for $290.00 certify the existence of a sufficient appropriation to fund the contract for the remainder of 2004 for lease and maintenance.

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

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk

B. Issuance of a Certification of Availability of Funds as aforesaid.

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

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

No contract shall be considered awarded unless, and until, the above requirements are executed.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

TABLED

RESOLUTION NO. 137

AUTHORIZING AMENDMENT TO RESOLUTION NO. 577-03 PROVIDING SETTLEMENT OF SOMMER V. TOWNSHIP OF OLD BRIDGE; PROVIDING RELATED SETTLEMENTS WITH TOWNSHIP INSURANCE CARRIERS; AND DIRECTING THE PREPARATION OF A CAPITAL FUNDING ORDINANCE FOR ACQUISITION OF LOT 13A, BLOCK 4185 ON THE TAX MAP OF THE TOWNSHIP OF OLD BRIDGE

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

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

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

WHEREAS, the Township Council wishes to amend Resolution No. 577-03, paragraph No. 2, regarding Middlesex JIF to amend the settlement amount from $10,000.00 to $25,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby amends the Middlesex JIF settlement amount to read $25,000.00

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

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

Councilman Volkert: I would like to have this tabled because I was not here for the discussions.

Councilman Gillespie: I was not here as well.

RESOLUTION NO. 138

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JEFFREY LEHRER, ESQ. FOR LEGAL REPRESENTATION OF THE PLANNING BOARD

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 requires the services of an attorney to provide legal representation to the Old Bridge Township Planning Board; and

WHEREAS, Jeffrey Lehrer, Esq., a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

WHEREAS, the Local Public Contracts Law N.J.S.A. 40A:11.1, et seq.) requires that a resolution authorizing the award of contracts for professional services without competitive bids must be publicly advertised.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge as follows:

1. The contract for professional services is authorized to be entered with Jeffrey Lehrer, Esq. in the usual form.

2. The scope of the work to be performed by Attorney Jeffrey Lehrer, Esq. shall be representation of the Planning Board for Legal services in connection with general representation of the Planning Board and legal services in connection with review of Board applications.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1202 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY2004/2005

CERT. NO. 1202

AMOUNT $22,500.00

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

4. This is a contract for professional services and according to New Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: legal representation of the Planning Board Contract Law.

This Resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

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

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

No contract shall be considered awarded unless, and until, the above requirements are executed.

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

AYES: Councilmen Butler, Calogera, Gillespie, Maher, Testino, Volkert, President Baker.

NAYS: Councilmen Greene, Councilwoman Panos.

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

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

Councilman Maher: Is the same fee as the (fee paid to) prior attorney for the planning board or has it increased?

Mr. Shah: It is the same.

Councilman Greene: What holds true here, holds true in several other (consent agenda) items. This goes to the issue of "pay to play". Under Mayor Cannon's executive order this individual's law firm would be excluded from doing work with the Township of Old Bridge because he did not meet the contributions requirements as set forth in the June 4, 2003 executive order. If I find that based upon my research these firms did not qualify, I am definitely going to vote against them. In this case and according to records, this firm violates Barbara Cannon's executive order. I am voting "no".

Councilman Testino: What is the full name of the firm? We are hiring this individual based on a resolution from the planning board?

Councilman Gillespie: It is DeFrancesco, Bateman, Yosking, Lehrer and I may have missed some other partners. When the planning board selects an attorney we are under obligation to provide the resources for that attorney.

Attorney Ruggierio: Mr. Gillespie is absolutely right. The planning board selects its own attorney and can contract with it within the bounds of an appropriation. In order to comply with the Faulkner Act which says that the council awards contracts sort of second, the whole process by adopting a contract, but this is something that has already occurred. This attorney has been appointed by the planning board.

RESOLUTION NO. 139

AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CME ASSOCIATES FOR THE PLANNING BOARD

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 requires the services of an engineering consultant for professional services to the planning board; and

WHEREAS, CME Associates is a licensed New Jersey engineering consulting firm which is recognized as capable and available to undertake such work; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11.1, et seq.) requires that a resolution authorizing the award of contracts for professional services without competitive bids must be publicly advertised; and

WHEREAS, the Township Council wishes to authorize a contract with CME Associates for purposes of providing the aforesaid professional engineering consulting service to the Township Planning Board from escrow funds.

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

1. A contract for professional services is authorized to be entered into with CME Associates located at 3141 Bordentown Avenue, Parlin,
New Jersey 08859 being funded by the escrow account.

2. The award of the contract is contingent upon the availability of funds from the escrow account and certification of funds not required.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The township attorney shall review any and all contractual documents prepare din furtherance of this award.

4. This contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Public Contract Law (N.J.S.A. 40A:11-5(1)(a)(I) since the contract is for services performed by a person authorized by law to practice a recognized profession.

5. Notice of a contract for Professional Services shall be published in the official newspaper of the Township of Old Bridge.

6. The contract shall be kept on record and on file in the office of the Township Clerk for public inspection.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Compliance by the vendor with signing the mandatory affirmative action language required by law.

C. Compliance by the vendor with filing of Affirmative Action Form AA302 or A201, or otherwise complying with affirmative action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

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

AYES: Councilmen Butler, Gillespie, Maher, Testino, Volkert, President Baker.

NAYS: Councilman Greene, Councilwoman Panos.

ABSTAIN: Councilman Calogera.

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

Councilman Greene: You would not believe the amount of money that has been pumped into political campaigns by this company. It is absolutely outrageous. I am voting "no".

Councilman Calogera: I have always pushed for legislation relating to "pay to play". It is something that I believe in. Working within the bounds of having different guidelines is more the reason why this needs to be done on the county, state and local level. This creates confusion for me. One month ago I had one set of rules. Now I have a different set of rules. I am not voting on these issues. Let's bring this issue to the table, and put something together that is going to stand for good. Let's stop playing this game on both sides of the aisle. If I have to reprimand both sides of the aisle, I will.

Attorney Ruggierio: It is my understanding that this is a planning board engineer selected by the planning board, and they have the right to make that selection.

Councilwoman Panos: I agree that this is typical "pay to play" whether the planning board does it. The buck stops here. We have to come to something that will eliminate the "pay to play" practice that has been resurrected in this town. I will not vote on any of these either. It is coming out of the taxpayer dollars.

Councilman Gillespie: That is a misconception. This money is being paid out of escrow, not taxpayer money. We are under an obligation to provide resources for our independent boards, and I don't believe that we get the prerogative to make selections for them.

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

RESOLUTION NO. 140

AUTHORIZING CONTRACT WITH COMMERCE CAPITAL MARKETS FOR FINANCIAL ADVISOR SERVICES FOR THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS

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 requires the services of a financial advisor for the issuance of general obligation refunding bonds; and

WHEREAS, Commerce Capital Markets is recognized as capable and available to undertake such work; and

WHEREAS, the Township Council wishes to authorize a contract with Commerce Capital Markets for purposes of providing financial advisor services for General Obligation Refunding bonds.

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

1. A contract for professional services is authorized to be entered into with Commerce Capital Markets in an amount not to exceed $12,500.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 1207 certifying the existence of a sufficient appropriation to fund the said contract.

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

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the vendor with filing of Affirmative Action Form AA302 or A201, or otherwise complying with affirmative action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

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

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

NAYS: None.

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

Councilman Maher: Is this what we just talked about in the discussion ordinance?

Mr. Shah: Yes.

Councilman Maher: Did we request any other bids with respect to this? Did you select this firm?

Mr. Shah: We did not submit the bids for the financial advisor. The reason we chose Commerce Capital is that they brought forward a substantial savings to us. I felt that since they have done a lot of analyses, it would be cost effective to hire Commerce Capital rather than hiring another firm who will do the entire work from scratch which will cost us more money.

Councilman Maher: We are only doing it for these projects here, correct?

Mr. Shah: Yes.

President Baker opened a public portion.

Mr. Springer: Is this a new contract or are you hiring someone to replace someone else?

Mr. Shah: This is a new contract. It is not a contract to replace someone else. It is to help us finalize the potential savings the township will receive from this refinancing process.

Seeing no further hands President Baker closed the public portion.

RESOLUTION NO. 141

AUTHORIZING INTER-LOCAL SERVICES AGREEMENT WITH MIDDLESEX COUNTY FOR PARTICIPATION IN A COOPERATIVE PRICING SYSTEM FOR ENERGY AGGREGATION

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 is authorized to enter into a Inter-local Services Agreement with Middlesex County pursuant to N.J.S.A. 40:8A-1, et seq.; and

WHEREAS, the Township of Old Bridge shall enter into an inter-local services agreement with Middlesex County to participate in a cooperative pricing system for energy aggregation; and

WHEREAS, the Electric Discount and Energy Competition Act (NJSA 48:3-49 et seq.) (the "Act") and the Government Energy Aggregation Program Rules adopted by the New Jersey Board of Public Utilities permit local government units to join together for the purchase of electric generation service, gas supply service, electric related services and as related services; and

WHEREAS, this agreement is to effect substantial economies in the purchase of electric generation service and gas supply service; and

WHEREAS, a copy of this agreement is available for inspection in the office of the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the execution of an inter-local services agreement be executed with Middlesex County to participate in a cooperative pricing system for energy aggregation; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign the inter-local services agreement after approval by the Township Attorney.

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

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

NAYS: None.

ABSTAIN: Councilman Testino.

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

Councilman Maher: Where does the county stand with the residential energy aggregation?

Mrs. Turchan: The county is not planning to solicit bids for the residents. They have hired the consultants that have done an evaluation. There are not enough vendors in the market that would be willing to do residential services. They are only interested in municipal and governmental buildings.

Councilman Maher: Have you reached out to the Monroe Township officials who are providing the energy aggregation for their residential customers?

Mrs. Turchan: Monroe is in a different environment because most of their energy is electrical, and they no longer have that contract. They lost it. They are trying to solicit bids just the way we are.

Councilman Maher: I am referring to the residential.

Mrs. Turchan: They don't have that any more.

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