Old Bridge Township, New Jersey - March 22, 2004 Minutes

Boy Scout Troop No. 36 of Old Bridge led the Township Council and those in attendance in the Pledge of Allegiance. This was followed by a short prayer.

Moment of Silence.

James Dodridge, an EMS volunteer, was recently killed in the line of duty.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, April 12, 2004 at 7:30 p.m. in the municipal complex.

Roll call by Deputy Clerk Ward showed the following council members answering present: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.

RESOLUTION NO. 183

APPROVING MINUTES

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

the following minutes are hereby approved:

February 21, 2004 Special and Executive

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

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

NAYS: None.

RESOLUTION NO. 184

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 March 22, 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 March 22, 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 $6,982,189.83. (Accounts Payable).

Moved by Councilman Butler, seconded by 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.

RESOLUTION NO. 185

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

NOW, THEREFORE, BE IT RESOLED by the Township Council of the Township of Old Bridge that the bill listing of March 22, 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 $711,750.00 (Payroll).

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

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

NAYS: None.

RESOLUTION NO. 186

BILL LIST

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

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

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

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

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

NAYS: Councilmen Maher, Testino.

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

Councilman Calogera: Chief, there is $25,152 in overtime for the weeks of February 9 through February 27, 2004. I know that you had sent us a directive stating that you had one lieutenant retiring and numerous other problems with police overtime. Do those situations still exist?

Chief Collow: I have an additional superior officer who has been injured on duty and is out. The retiring lieutenant is burning off some of his accumulated time. The situation will be rectified shortly.

Report of the Attorney

Attorney Convery: Pursuant to a resolution passed by the Township Council, the Township of Old Bridge has instituted a lawsuit against the Breakfast Club which was filed last Friday in the Superior Court of New Jersey. I will be meeting with Judge Longhi and the other attorney on Wednesday at 10:00 a.m., and I will report back to you. It is my understanding that the zoning officer has filed two complaints in our municipal court for zoning violations concerning the Breakfast Club which will be listed for a hearing, and I will report the results.

President Baker: I am glad that we have finally taken action against that club, and we look forward to your continued support and updates.

Motion

to accept the Report of the Attorney made by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

Preliminary public comments

Alex Rojewski: I am patrol leader from Boy Scout Troop No. 36, and I speak on behalf of the five boy scout troops located in Old Bridge totaling 448 registered members. We scouts have done much to help our township. Could we possibly have a site of our own within the township for camping and other outdoor activities? This might induce others to join our ranks and the pleasures of scouting. Old Bridge provides its youth with many different athletic fields including an ice rink, soccer fields and a skate board park. Would it be possible to also provide the boy and girl scouts with an area in which to promote camping and hiking? We are asking you to seriously consider this request and give us the opportunity to know our community better and to enhance our appreciation of living in a caring township.

Motion

to have the Township of Old Bridge explore the possibility of finding an area for the boy scouts to enjoy activities made by Councilman Greene, seconded by Councilman Testino and so ordered on the following roll call vote:

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

NAYS: None.

Preliminary public comments (cont'd.)

Joseph Stiger (21 Old Mill Road): I live at a dangerous intersection at Spring Hill Road, and I have witnessed at least a dozen accidents at my corner. (Mr. Stiger has pictures of many accidents and has a petition with respect to the intersection.) The intersection needs to be redesigned. Speed needs to be reduced.

Councilman Butler: We are going to follow up on that because that intersection needs to be improved, We will continue working with that.

Michael Rubin (Whispering Pines): Geese have destroyed our property and have made it impossible for our children to walk in the backyards. They generate unhealthy conditions. There is a retention basin which is a perfect habitat for the geese. Without a habitat modification and assistance from Old Bridge, there is nothing that we can do. I am requesting help.

President Baker: The township is working on a complaint line.

Councilman Calogera: Where can these people have their problem addressed? We have submitted an application on their behalf, but the prior administration did not answer the application. These residents have been very patient with a real problem. I would like someone assigned to this.

Councilman Butler: The Clerk will get a name from the health department to forward to Mr. Rubin. This will not be solved overnight, but will follow up in thirty days.

Councilman Calogera: I request that the Clerk's office to forward copies of any notification.

Edna Gordon: With respect to the possibility of housing for the disabled, I have received many calls from parents to whom this offers hope. I ask the council that if you are going ahead with this housing, to appoint a committee of the parents of these specially challenged individuals. They want to be a part of what you do and to be able to express will be the needs and to make the housing authority understand the special kinds of things that are required. These parents are ecstatic about the possibility of this type of housing.

Presentation

Assemblyman Thompson: Mayor Phillips pointed out that his office does not have a New Jersey State flag. Tonight I am pleased to present that flag to Mayor Phillips on behalf of your good friend, Governor Jim McGreevey.

Mayor Phillips: Reads a note from the governor. "Dear Mayor Jim, I am pleased to present you with this flag of the great State of New Jersey. I am sure this will look terrific in your office."

Certificates of Commendation - Special Olympic Speed Skating Team

Coach: I don't know of any other team that gets the ice time that we get. This was a very cold winter, and every one of these children never failed to arrive at the rink for practice at 7:30 a.m. on Saturdays. These children are as tough as anyone. [Coaching these children] is the most enjoyable thing I have every done in my life. They are happy to be on a team; to have a uniform; to have a township to play for; and to have a coach. These children are full of gratitude.

Mayor Phillips: We are proud of you and the athletes. I have a certificate in recognition of their great accomplishments. Certificates were given to the following special Olympians:

Mai Vy Nguyen
James Coletti
Alvin Gardi
Thomas Antoniazzi
Pamela Gile
Michael Gordon
Alyssa Vass
Danielle Landi

Hearing.

1. Bridgepointe at Harbor Lights - release/reduction of performance guarantee - postponed.

2. Town Center - release/reduction of performance guarantee - postponed.

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

Mr. Vincenti: Last month we were before you for a bond release. At that time the president of the homeowners association, John Liefert, approached us to indicate that the homeowners association may have misuse. We reached out to the homeowners association on a number of occasions, and we have received no correspondence with definitive issues. We researched out file, and discovered prior correspondence dating back to September 1998. In 1997 and 1998 there were a number of issues that the homeowners association had with respect to bonded items. They wrote a letter on September 25, 1998 from the homeowners association management company outlining fourteen items. Repairs were done, and that was acknowledged by another letter from the homeowners association management company in October 1998 which indicated that all the items were taken care of. In January 1999 there was a report by the former township engineer indicating a release. I cannot determine why the release did not happen at that time. We have done a number of inspections last year. The work has been done, and we are recommending a release of the bond in accordance with our January 22, 2004 memo. There are two items - one is the retention of $17,000 cash deposit for a paving deficiency; the second is the posting of a maintenance bond in the amount of 15% of the original performance guarantee. We are releasing the performance bond.

Mr. Stark (Stark and Stark, attorney for the Forest Gardens Homeowners Association): The association does not object to the releasing of the bonds. The only issue is the cash retention of $17,000 for the roadways. We believe that this number is quite low in light of recent estimates that we have been gathering. It costs the association $1,300 to pave one driveway the size of one and one-half cars. The roadway and parking surfaces that we are talking about repaving are approximately one-half mile in length. Therefore, we believe that the $17,000 should be raised to approximately $50,000 in cash retention.

Mr. Ulrich: My client could complete this work. They did an estimate themselves for $11,500, but in the interests of ending this matter definitively, we thought that we would allow the township to retain $17,000 so that they could insure that the work be done properly so that we would not have to be back here in six months because we did not do the work right. $50,000 sounds excessive.

President Baker: One party can do the work for $11,500; the other saying $17,000; and a third saying $50,000. We need clarity.

Mr. Vincenti: This is the first I have heard. We have reached out on numerous occasions to the attorneys for the developer and the homeowners association - written and verbally. I feel it is not appropriate to conduct a negotiation. That was the purpose of our delaying this matter one month. We reached out on numerous occasions to the association. I stand by the $17,000 which was based on a deficiency of about three-quarters of an inch. It is not practical to pave three-quarters of an inch. We estimated that number based on one inch.

President Baker: I agree that this is not the forum to negotiate; let's be patient and hear from the council.

Councilman Calogera: Why was there a deficiency to begin with?

Mr. Ulrich: We ran into the same problem, and I confess that I was late to this scene. I did not know about the deficiency or become involved with this matter until a couple of years ago. This development is over ten years old. A similar thing happened with Cedar View. The same individual was in charge of that development, and apparently, this was something he did not pay close enough attention to at the time. I am not quite sure why the deficiency exists. I know that it is there, and I have been told what it will take to repair it.

Councilman Calogera: How has this affected the roadways in additional costs of repairs or in diminishing the life expectancy?

Mr. Vincenti: Without a detailed analysis, it is difficult for me to tell you what would happen. There was a request from the homeowners association for the township to take these roads over. I anticipate that the association will petition the council to take over the roads once the bond is released. If that is the case, the Township of Old Bridge would retain the $17,000 and escrow that for some time in the future when the roads need an overlay or need to be repaired. If the roads are maintained privately, the $17,000 should go to the association.

Councilman Calogera: I am sure that we are going to wind up with these roads if the homeowners want Title 39. I want to be sure that the residents are protected and that, if we take over the roads, are protected adequately.

Mr. Vincenti: That is why we bumped this up from three-quarters of an inch and came up with $17,000.

Councilwoman Panos: Does anyone have estimates as to what this will cost?

Mr. Vincenti: We based the $17,000 on our estimate on what it would cost for a one inch think overlay. That estimate was based on the thickness, tonnage and the price that we have been paying.

Mr. Stark: We have a formal estimate on prior repairs. The driveway is about an inch and the cost was $1400 per driveway. Based upon that estimate and upon the half-mile of the parking area and the roadway surface we believe that $17,000 will not be sufficient.

Councilman Volkert: Did I hear the developer's attorney mention that this developer did something similar in a different development?

Mr. Ulrich: The development was Cedar View for which I was here for one year ago. The situation sat with no action.

Councilman Volkert: Perhaps this should be put off for thirty days so that the association can talk to Mr. Vincenti.

Mr. Vincenti: We have already reduced it; we tabled this last month for thirty days so that we can work out these issues. They should have been worked out prior to tonight.

President Baker: There was clearly a communication breakdown, and I am disappointed that all parties did not resolve this issue before tonight.

Mr. Vincenti: If the council wants to table this, that's fine.

Councilman Testino: We want the homeowners to have meeting with Mr. Vincenti.

Mr. Vincenti: The last we have [record of] is a conversation on March 17 stating that an updated list would be provided to us in one to two weeks. Nothing has come.

Councilman Testino: If it goes another thirty days, it might not even happen.

Mr. Vincenti: We followed up with at least three phone calls and were told that we would be getting something in a week or two.

President Baker: I am hearing that thirty days is not going to kill anybody. All parties are here, and I will tell you again not to come back in thirty days and disappoint me. You have time to talk about your business and resolve this.

Mr. Vincenti: Can we set a firm date?

Deputy Clerk Ward: Suggests April 26 at 7:30 p.m.

Councilman Calogera: Do we need a motion and a vote?

Attorney Convery : I would like to see a formal vote to table. It would seem to me to be relatively simple to resolve. Our engineer has valued the repairs at $17,000. In the absence of some documentation that would change his view, I would recommend $17,000, and the parties may not have to have a hearing on April 26 if they can agree. I think you need a formal vote.

Motion

to table the hearing on the release/reduction of the performance guarantee for Forest Gardens until April 26, 2004 made by Councilman Calogera, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Maher.

Ordinance for Second Reading.

ORDINANCE NO. 05-04

REFUNDING BOND ORDINANCE PROVIDING FOR THE REFUNDING OF THETOWNSHIP'S OUTSTANDING CALLABLE:(i)GENERAL OBLIGATION REFUNDINGBONDS, SERIES 1996, DATED FEBRUARY 1, 1996;\AND (ii) GENERALIMPROVEMENT 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 DETERMINATIONS AND COVENANTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAINRELATEDACTIONS 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 effect 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 President Baker 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.

Appointment.

Mayor Phillips: After a long search I am about to recommend to the council for your concurrence the name of Michael Jacobs to become the next business administrator for the Township of Old Bridge. This appointment will be effective May 1, 10024. Mr. Jacobs is currently serving as a business administrator in a nearby municipality and has requested this amount of time to "put his house in order".

RESOLUTION NO. 187

APPOINTING MICHAEL S. JACOBS AS BUSINESS ADMINISTRATOR

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

Michael S. Jacobs is hereby appointed Business Administrator for a term commencing May 1, 2004 and ending December 31, 2007.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Maher.

Ordinance for Second Reading.

Ordinance No. 06-04

AN ORDINANCE ESTABLISHING RULES FOR CARRY OVER OF ACCUMULATED STICK TIME FOR PROMOTION OR TRANSFER
FROM A COLLECTIVE BARGAINING UNIT TO A NON-UNION STATUS

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 following rules shall apply to carry over of accumulated sick time only and to no other type of accumulated time.

(a) Any member of a collective bargaining unit who is promoted or otherwise transferred into a management position or a non-union position shall be permitted to carry and maintain all accumulated sick time to which he or she is entitled at the time of such change in status.

(b) In order to implement the employee's right to carry over such accumulated sick time from a collective bargaining unit to non-union status, such employee must elect to receive such carry over within one (1) year of the date of transfer. This ordinance shall be applicable to any persons transferring from a collective bargaining unit to a non-union position retroactive to July 1, 2003.

(c) If an employee makes an election to transfer accumulated sick time when he or she changes to a non-union status, the amount of sick time maximum and the manner by which sick time is charged and accumulated shall be governed by the contractual rules of the collective bargaining unit in place at the time the employee makes his or her election to carry over accumulated sick time as provided in this ordinance.

(d) Should any employee decline to carry over and maintain accumulated sick time from a collective bargaining unit when he or she is transferred into a non-union position by failing to make such election, such employee's right to sick time maximums and the rules concerning use and accumulation of sick leave shall be governed by the applicable provisions of township ordinance. The employee's date of hire for the purposes of the township ordinance shall be the date of his or her initial employment with the Township of Old Bridge.

SECTION 2. 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 3. 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 4. EFFECTIVE DATE.

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

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

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

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

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

NAYS: 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.

Councilman Gillespie: If you look at paragraphs B and C, it gives the employee one year to make this decision of election and after that it talks about the time the employee makes their election in terms of when this benefit would kick in. I don't want to hold up this ordinance tonight, and I want to commend Councilman Testino and everyone who worked on it. There is an internal inconsistency in the ordinance. It may not be applicable to the person for whom the genesis is, but I am going to ask the attorney that after we adopt this ordinance we do a clean up just to clarify that one year time table so that it is clear that it is one year from the time of transfer as opposed to the time of election - perhaps even change that from one year to a few months.

Attorney Convery: I understand the point that is being made. I think that you can pass this tonight. It is legally sufficient. I understand Patrick's concern about . . . It gives the employee a year to elect whether or not to take the carry over, and then it says when he does elect, it is controlled by the rules of the collective bargaining agreement at the time he makes his election This is a matter that you could as a council change in the future. I will draft a memo to the mayor and council suggesting what you could change if you wish, but I do say that this is sufficient legally in its present form, and you can vote on this.

Ordinance for First Reading

1. Introduction of Salary Ordinance. Tabled.

Moved by Councilman Butler, seconded by Councilman Volkert.

The following discussion took place.

Attorney Convery: It has been pointed out to me by the finance department that there are two issues. One is a possible miscalculation in regard to one of the items; second, a check has to be made as to whether sufficient monies are immediately available regarding the ordinance. In this case I would recommend that you err on the side of being cautious. Since this is a retroactive salary ordinance, I would rather see you table this, and I ask that our finance director indicate his view. I suggest tabling this for one meeting so that we can verify the numbers to verify their accuracy.

President Baker: This is first reading, and there is no discussion on first reading. The intent is to introduce it to the public so that we can discuss it at next meeting. With counsel's advice I will take a motion to table.

Motion

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

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

NAYS: Councilman Testino.

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

Councilman Testino: We should hear from the mayor first. I don't know if this Impacts hiring a new business administrator.

Mayor Phillips: This does not impact hiring the new business administrator. As much as Jerry will speak about how this might have been someone else's fault, it is no one's fault but mine. This was a miscommunication between myself and those who prepared the ordinance, and I need the time to correct it.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 07-04

An Ordinance to Amend an Ordinance titled " The Land Development Ordinance of the Township of Old Bridge, County of Middlesex, State of New Jersey "
Planned Retirement Community District " PRC"

BE IT ORDAINED by the Township Council of the Township of Old Bridge in the County of Middlesex in the State of New Jersey that an Ordinance of this Township, the title of which is "The Land Development Ordinance of the Township of Old Bridge, County of Middlesex, State of New Jersey" be amended, revised and supplemented as follows:

SECTION 1.

The following ordinance sections shall be amended and added to Article VII - ZONING of the Township of Old Bridge Land Development Ordinance as follows:

Article 7-2 A.1 Zoning Map.

The Official Zoning Map of the Township of Old Bridge is hereby amended and incorporated by reference. Copies of the new Zoning Map are on file in the office of the Township Clerk.

Article 7-2 A. 3 Establishment and Purposes of Zones.

The following zoning district shall be established:

PRC PLANNED RETIREMENT COMMNITY DISTRICT ZONE

The following section is added:

7-5 Planned Retirement Community (PRC) District

A. Establishment. There is hereby permitted and created a Planned Retirement Community (PRC) District as shown on the Official Zoning Map of the Township of Old Bridge, County of Middlesex, State of New Jersey. The official Zoning Map of the Township of Old Bridge is hereby amended to include the PRC District, and is incorporated herein by reference.

B. Definitions. As used in this section, the following terms shall have the meanings indicated.

PLANNED RETIREMENT COMMUNTY - A residential community provided for permanent residents aged fifty-five (55) years or over in which the residential property and the residential-related open space, recreational facilities and property are all owned by a mutual nonprofit corporation, or corporations, established pursuant to the laws of the State of New Jersey and governed, as associates or other entitles, all of which shall have rules and regulations controlling the development.

C. Purpose. The purpose and intent of the PRC District is to promote the planned development of an active adult community which shall offer certain recreational facilities for its residents in accordance with the general development plan approved by the Planning Board.

D. Permitted and required uses in a planned retirement community.

1. No building, structure or land shall be used for and no building structure shall hereafter be erected, structurally altered, enlarged or maintained except for the following planned retirement community uses by the residents of the community, their guests and other authorized users.

(a) Detached dwellings, townhouse dwellings, or multi-level dwellings for owner-occupancy.

(b) The following required recreational uses, at least one (1) of each:

(1) Clubhouse. Each clubhouse shall provide at least twenty-five (25) square feet of multipurpose space, not including indoor swimming pools, for each dwelling unit. In addition to the multipurpose space, such fully equipped facilities as game rooms, arts and crafts rooms, fully equipped kitchen and nurses station, office space and service facilities shall also be provided in the clubhouse. In no case shall the Clubhouse building contain less than four thousand (4,000) square feet total area in the aggregate. One (1) off-street parking space shall be provided for every eight (8) dwelling units.

(2) Swimming pool. At least one (1) swimming pool shall be provided at a ratio of twenty (20) square feet of water surface area for each dwelling unit the pool will service. The dimensions shall conform to the following guidelines: A twenty-five (25) meter pool shall have a minimum width of forty-five (45) feet, and a fifty (50) meter pool shall have a minimum width of sixty (60) feet. There shall also be provided an improved sitting area, contiguous to all sides of the pool, having an area two (2) times the water surface area of the pool.

(3) Shuffleboard or bocce court.

(4) Tennis Court.

E. Development standards. No building permit shall be issued for construction or other improvement in an active adult community except in accordance with a general development plan for the overall site and final site plan for each section that has been approved by the Planning Board. The following development standards shall apply to a PRC:

(1) Minimum area. The minimum site area for a PRC shall be at least fifty-five (55) acres contained in one (1) parcel that is not bisected by existing streets, roads, rights-of-way or railroads.

(2) Residential density. The total tract density of a PRC shall not be more than one and three-quarter (1.75) dwelling units for each gross acre of the tract.

(3) Lot coverage by buildings. Not more than twenty percent (20%) of the gross area of the total tract shall be covered by all buildings.

(4) Landscaped open space. At least sixty percent (60%) of the total tract of a PRC shall be landscaped open space, undeveloped conservation easements, or green area, which shall not include paved streets and parking areas.

(5) Building height. No detached dwelling or townhouse dwelling buildings shall exceed a height of two and one-half (2.5) stories, nor exceed thirty-five (35) feet in height. No multi-level building shall exceed three (3) stories, nor exceed thirty-five (35) feet in height. Multi-level building heights in excess of the herein stated limits shall be further modified in accordance with the provisions of Section 7-3.F of the Land Development Ordinance.

(6) Buffers. For areas of the tract developed as townhouse dwellings or multi level dwellings, there shall be a landscaped buffer fifty (50) feet in width from any road or tract boundary property line of the overall tract of a PRC development. No buildings or structure other than entrance gatehouses, fences, or freestanding walls shall be located within said buffer area. The design and composition of any buffer shall comply with Section 7-3 I. of the Land Development Ordinance. Buffer requirements for detached dwellings shall comply with Section 7-3 I. 4.a, "single-family detached dwelling".

(7) Accessory Structures. Sheds, pools, or other accessory structures shall not be permitted on detached residential dwelling lots.

(8) Building Separation Requirements. Section 7-3 B. of the Land Development Ordinance shall be applicable to all townhouse dwelling and multi-level buildings.

(9) Residential Building Facades. Section 7-3 C. of the Land Development Ordinance shall be applicable to all townhouse and multi-level buildings.

(10) Minimum building setback to Tract Boundary. The minimum setback to any perimeter tract boundary line shall be sixty (60) feet for townhouse dwelling and multi-level buildings.

(11) Off-street parking:

(a) Off-street parking spaces shall be provided in accordance with the following schedule for the type of land use contained in a site development plan:

(1) Two (2) spaces for each dwelling unit, one (1) of which may be enclosed in a garage.

(2) One (1) space for every eight (8) persons for whom seating is provided in an auditorium except that this number may be reduced by the Planning Board insofar that combined use of parking lots is available.

(3) One-half (1 / 2) space per unit shall be provided for designated visitor parking.

(4) All parking spaces shall be ten (10) feet wide and twenty (20) feet long.

(5) No parking shall be permitted in the residential buffer area.

(6) Lighting in the outdoor parking area shall be of such height as to reflect light away from windows of the dwelling units or adjacent properties in order to minimize the impact of such lighting on the residents in the dwelling units.

12) Dimensional Requirements:

(a) Detached Residential Dwellings:

(1) Minimum Lot Area = 5,000 s.f.
(2) Maximum Floor Area Ratio = 0.50
(3) Minimum Landscape Area Ratio = 0.35
(4) Minimum Lot Width = 50 Feet
(5) Minimum Corner Lot Width = 60 feet
(6) Minimum Front Yard = 20 feet
(7) Minimum Side Yard = 5 feet
(8) Minimum Total 2 Side Yards = 12 feet
(9) Minimum Rear Yard = 25 feet
(10) Minimum Non-Critical Area = 80%

SECTION 2. 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 3. PARTIAL INVALIDITY.

SECTION 4. EFFECTIVE DATE.

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

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

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

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

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

President Baker: There is no discussion on first reading. The reason for the first reading is to introduce this to the public so that they can come at second reading to hear your valuable comments.

Councilman Greene: I was promised at the last meeting that the township engineer would make a presentation on exactly where these properties were. As far as first reading, it does make sense to have a discussion on first reading because this is advertised, and if you wait until the second reading, that could be an expense to the township.

Attorney Convery : A first reading is simply an introduction - an opportunity to put an item on the docket so that the clerk can advertise it in the newspaper and tell the public when there will be a hearing regarding the ordinance. On second reading we open the ordinance to the public for their comments and get the benefit of council and administration's remarks regarding the ordinance. In regard to FR -1 (Introduction of Salary Ordinance), I pointed out that there may be an error on the ordinance and asked you to table it. In regard to FR - 2 (LDO - Planned Retirement Community), you would vote to introduce it. The map that is attached to the ordinance does specifically show the four PRC zones.

Councilman Greene: Are you saying that the council should not be permitted to question or discuss an item the first time it is brought up at a council meeting?

Attorney Convery: At the agenda meeting there is time for discussion to determine whether or not something should be placed on the agenda.

Councilman Greene: If you go back to the minutes of the agenda meeting, you will find that I was promised by the township engineer that he would make a presentation. The map is illegible. You cannot tell what the boundaries are. I would like a clear description of exactly what geographic areas we are talking about. I would not be asking this if the township engineer did not say to me that he would be prepared to come into this meeting with maps to discuss and explain the areas in question.

President Baker: This is a "win/win" for the town. We are doing an awful lot in this ordinance that is going to make things in the town better. We discussed this at length last week, and we will not be having a presentation tonight. We will be having a presentation at the second reading.

Councilman Greene: This is a "win/win" for the town, but if a resident asks me where the area is, and I show them the map . . .

President Baker: We will have the presentation next week.

Consent Agenda

RESOLUTION NO. 188

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:

BA25-04A Jewish Community Center of Madison Township of Old Bridge
RA25-04A Jewish Community Center of Madison Township of Old Bridge
RA51-04 St. Bernadette Church
RA52-04 St. Bernadette Church
RA53-04 DARE NJ
RA54-04 DARE NJ
RA55-04 St. Bernadette K of C

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

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

NAYS: None.

RESOLUTION NO. 189

AUTHORIZING CANCELLATION OF BOND COUPON ACCOUNT UNRECONCILED BALANCE - $27,785.00

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

WHEREAS, the Bond Coupon Account has a remaining unreconciled general ledger balance; and

WHEREAS, it is necessary to formally cancel the outstanding appropriation balance listed below:

BOND COUPON ACCOUNT

Bond Coupon Account $27,785.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed appropriation balance totaling $27,785.00 be canceled.

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

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

NAYS: None.

RESOLUTION NO. 190

AUTHORIZING COMPENSATION FOR JEROME J. CONVERY, ATTORNEY FOR ZONING BOARD OF ADJUSTMENT NUNC PRO TUNC FROM JANUARY 1, 2004 TERMINATING ON FEBRUARY 9, 2004.

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

WHEREAS, payment to Jerome J. Convery is hereby authorized without the formality of a comprehensive written contract for one (1) month and nine (9) days retainer in regard to representation of the Old Bridge Township Zoning Board of Adjustment in the amount of $2,812.50.

WHEREAS, Mr. Convery has now assumed the position in the Township Legal Department, this action is authorized nunc pro tunc.

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

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

NAYS: None.

RESOLUTION NO. 191

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, AUTHORIZING THE PREPARATION AND DISTRIBUTION OF OFFERING DOCUMENTS IN CONNECTION WITH THE SALE OF THE TOWNSHIP'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 2004; AUTHORIZING THE ISSUANCE, SALE AND AWARD OF SAID BONDS; MAKING CERTAIN DETERMINATIONS AND COVENANTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO

BACKGROUND

WHEREAS, on February 28, 1996, the Township of Old Bridge, County of Middlesex, New Jersey ("Township"), issued its General Obligation Refunding Bonds, Series 1996, dated February 1, 1996, in the aggregate principal amount of $6,205,000, bearing interest at rates ranging from 4.00% to 5.00% per annum ("1996A Bonds");

WHEREAS, on March 28, 1996, the Township issued its General Improvement Bonds, Series 1996, dated March 1, 1996, in the aggregate principal amount of $4,900,000, bearing interest at the rate of 5.05% per annum ("1996B Bonds");

WHEREAS, the 1996A Bonds in the aggregate principal amount of $4,045,000 maturing on July 15 in the years 2005 through 2011, both inclusive (collectively, the "1996A Callable Bonds"), are subject to redemption at the option of the Township prior to maturity on or after July 15, 2004 at a redemption price equal to 102% of the Callable 1996A Bonds to be redeemed, plus accrued interest thereon; and

WHEREAS, the 1996B Bonds in the aggregate principal amount of $2,600,000 maturing on March 1 in the years 2005 through 2011, both inclusive (collectively, the "1996B Callable Bonds"; and together with the 1996B Callable Bonds, the "Callable Bonds") are subject to redemption at the option of the Township prior to maturity on or after March 1, 2004 at redemption price of 102% of the 1996B Callable Bonds to be redeemed, plus accrued interest thereon; and

WHEREAS, as a result of the low interest rates prevailing in the municipal bond market, the Township has the opportunity to economically refinance the Callable Bonds; and

WHEREAS, on February 23, 2004, the Township Council, pursuant to N.J.S.A. 40A:2-51, introduced an ordinance entitled, "REFUNDING BOND ORDINANCE PROVIDING FOR THE REFUNDING OF A PORTION OF THE TOWNSHIP'S OUTSTANDING CALLABLE: (i) GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996, DATED FEBRUARY 1, 1996; (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 DETERMINATIONS AND COVENANTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING" ("Refunding Bond Ordinance"); and

WHEREAS, pursuant to N.J.S.A. 40A:2-51 et. seq., the Local Finance Board, Division of Local Government Services, New Jersey Department of Community Affairs ("Local Finance Board"), at a meeting held on March 10, 2004, adopted a resolution authorizing the Township to finally adopt the Refunding Bond Ordinance; and

WHEREAS, on March 22, 2004, the Township Council, after a public hearing, finally adopted the Refunding Bond Ordinance; and

WHEREAS, pursuant to the Refunding Bond Ordinance, the Township is authorized to issue its refunding bonds in the aggregate principal amount up to $7,150,000 to refund up to all of the Callable Bonds, as described in the Refunding Bond Ordinance; and

WHEREAS, it is the intent of the Township Council hereby to: (i) authorize and approve the preparation and distribution of offering documents in connection with the issuance and sale of said Refunding Bonds; (ii) authorize and approve the issuance, sale and award of the Refunding Bonds (as hereinafter defined); and (iii) authorize the Mayor, Administrator, Chief Financial Officer and Township Clerk to make certain related determinations and covenants and take certain actions in connection therewith.

NOW, THEREFORE, BE IT RESOLVED 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, CONSTITUTING CHAPTER 169 OF THE LAWS OF 1960 OF THE STATE OF NEW JERSEY, AS AMENDED AND SUPPLEMENTED ("LOCAL BOND LAW"), AS FOLLOWS:

Section 1. Pursuant to the Local Bond Law and the Refunding Bond Ordinance, the issuance of negotiable refunding bonds of the Township to be designated, substantially, "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Refunding Bonds, Series 2004" ("Refunding Bonds"), for the purposes described in the Refunding Bond Ordinance and in this Resolution, is hereby authorized, approved, ratified and confirmed.

Section 2. The preparation of a preliminary official statement ("Preliminary Official Statement") relating to the Refunding Bonds, and the distribution of said Preliminary Official Statement (in physical or electronic form) by Wachovia Securities, as underwriter ("Underwriter"), to prospective purchasers of the Refunding Bonds and others having an interest therein, are hereby authorized, approved, ratified, confirmed and directed. The Mayor, Administrator, Chief Financial Officer and Township Clerk are each hereby authorized to deem the Preliminary Official Statement "final", as contemplated by paragraph (b)(1) of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended.

Section 3. The Chief Financial Officer is hereby authorized to determine in accordance with the Local Bond Law, specifically, N.J.S.A. 40A:2-52 et seq., and pursuant to the terms and conditions established by the Underwriter (as hereinafter defined) under the Bond Purchase Contract ("Purchase Contract") to be entered into by the Township and the Underwriter in connection with the sale of the Refunding Bonds and the terms and conditions hereof, the following items with respect to the Refunding Bonds:

(a) the principal amount of the Refunding Bonds which, in the aggregate, shall not exceed $7,150,000;

(b) the annual principal installments of the Refunding Bonds provided, however, the final maturity shall be no later than December 31, 2011;

(d) the rates of interest the Refunding Bonds are to bear provided, however, that an overall net present value savings of at least three percent (3%) is achieved with respect to the Callable Bonds;

(e) the purchase price for the Refunding Bonds provided, however, that the Underwriters' discount for the Refunding Bonds shall not exceed $5.00 per $1,000 principal amount of such Refunding Bonds; and

(f) the redemption provisions of the Refunding Bonds.

Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and delivery of the Purchase Contract by the Mayor, Administrator or Chief Financial Officer as provided for in Section 5 hereof.

Section 4. The Township official making the determinations and approving the sale described in Section 3 shall report in writing to the Township Council at the meeting next succeeding the date when any sale or delivery of the Refunding Bonds pursuant to this resolution is made. Such report must include the aggregate principal amount, the interest rate or rates and the maturity schedule of the Refunding Bonds sold and the price obtained.

Section 5. The Refunding Bonds shall be sold at a negotiated sale to the Underwriter in accordance with the terms and conditions set forth in the Purchase Contract. The Purchase Contract is hereby authorized to be executed and delivered on behalf of the Township by the Mayor, Administrator or Chief Financial Officer, in substantially the form on file in the offices of the Township, with such changes as the Mayor, Administrator or Chief Financial Officer in their respective sole discretion, after consultation with, among others, Bond Counsel and the Financial Advisor (hereinafter defined) to the Township, shall determine, such determination to be conclusively evidenced by the execution of the Purchase Contract by an authorized officer as determined hereunder.

Section 6. The Refunding Bonds will be issued in fully registered form. One certificate shall be issued for the aggregate principal amount of Refunding Bonds maturing in each year. Both the principal of and interest on the Refunding Bonds will be payable in lawful money of the United States of America. Each certificate will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York, which will act as securities depository ("Securities Depository"). The certificates will be on deposit with The Depository Trust Company. The Depository Trust Company will be responsible for maintaining a book-entry system for recording the interests of its participants or the transfers of the interests among its participants. The participants will be responsible for maintaining records recording the beneficial ownership interests in the Refunding Bonds on behalf of individual purchasers. Individual purchases may be made in the principal amount of $5,000 through book-entries made on the books and the records of The Depository Trust Company and its participants. The principal of and interest on the Refunding Bonds will be paid to The Depository Trust Company by the Township on the respective maturity dates and due dates and will be credited on the respective maturity dates and due dates to the participants of The Depository Trust Company as listed on the records of The Depository Trust Company as of the 15th day next preceding an interest payment date (the record dates for the Refunding Bonds). The Refunding Bonds will be executed on behalf of the Township by the manual or facsimile signatures of the Mayor and Chief Financial Officer, attested by the Township Clerk (such execution shall constitute conclusive approval by the Township of the form of the Refunding Bonds), and shall bear the affixed, imprinted or reproduced seal of the Township thereon. The Refunding Bonds shall not be valid or obligatory for any purpose unless the Authentication Certification printed thereon shall be duly executed by an authorized officer of the Paying Agent (hereinafter mentioned).

Section 7. The Township is hereby authorized to make representations and warranties, to enter into agreements and to make all arrangements with The Depository Trust Company, New York, New York, as may be necessary in order to provide that the Refunding Bonds will be eligible for deposit with The Depository Trust Company and to satisfy any obligation undertaken in connection therewith.

Section 8. In the event that The Depository Trust Company may determine to discontinue providing its service with respect to the Refunding Bonds or is removed by the Township and if no successor Securities Depository is appointed, the Refunding Bonds which were previously issued in book-entry form shall be converted to Registered Bonds in denominations of $5,000, or any integral multiple thereof ("Registered Bonds"). The beneficial owner under the book-entry system, upon registration of the Registered Bonds held in beneficial owner's name, will become the registered owner of the Registered Bonds. The Township shall be obligated to provide for the execution and delivery of the Registered Bonds in certified form.

Section 9. The Refunding Bonds shall be general obligations of the Township. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the Refunding Bonds and, to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 10. The preparation of a final official statement ("Official Statement") with respect to the Refunding Bonds is hereby authorized and directed. Within seven (7) business days of the sale of the Refunding Bonds and in sufficient time to accompany any confirmation that requests payment from a customer, the Township will deliver sufficient copies of the Official Statement to the Underwriter to comply with Paragraph (b)(4) of Rule 15c2-12. The Mayor, Administrator, Chief Financial Officer and Township Clerk are each hereby authorized to execute the Official Statement, and the distribution thereof to the Underwriter and others is hereby authorized and directed. The execution of the final Official Statement by the Mayor, Administrator, Chief Financial Officer or Township Clerk shall constitute conclusive evidence of approval by the Township of the changes therein from the Preliminary Official Statement. The Mayor, Chief Financial Officer and Township Clerk are each hereby authorized to approve any amendments of or supplements to the Official Statement.

Section 11. The Chief Financial Officer is hereby authorized to solicit proposals for, and to engage the services of, a printer to provide printing services for the Township with respect to the Preliminary Official Statement and Official ("Printer"). The Chief Financial Officer is hereby authorized and directed to enter into an agreement with the Printer for the services to be provided.

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

Section 13. The Township hereby covenants as follows: (i) it has not abandoned, sold or otherwise disposed of any facility, equipment or improvement (except through normal retirement) financed directly or indirectly with the proceeds of the Callable Bonds; (ii) it does not intend to, during the term that the Refunding Bonds are outstanding, abandon, sell or otherwise dispose of any facility, equipment or improvement (except through normal retirement) financed directly or indirectly with the proceeds of the Callable Bonds; (iii) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Section 148(f) and 149(e) of the Code; (iv) it shall take no action that would cause the Refunding Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code; (v) it will not employ a device in connection with the issuance by it of the Refunding Bonds which will enable it to obtain a material financial advantage (based on arbitrage) apart from the savings that may be realized as a result of the lower interest rates on the Refunding Bonds than on the Callable Bonds; (vi) the amount of "excess gross proceeds", as such term is defined in Income Tax Regulation §1.148-10(c)(2), of the Refunding Bonds will not exceed one percent (1%) of the proceeds received from the sale thereof; and (vii) it shall make, or cause to be made, the rebate required by Section 148(f) of the Code in the manner described in Regulation §1.148-0 through 1.148-11, 1.149(b)-1 and 1.149(i)-1, 1.149(g)-1, 1.150-1 and 1.150-2 as such regulations and statutory provisions may be modified insofar as they apply to the Refunding Bonds.

Section 14. The appointment of Commerce Capital Markets, Inc. ("Financial Advisor"), to provide financial advisory services for the Township in connection with the authorization, issuance, sale and delivery of the Refunding Bonds is hereby authorized, approved, ratified and confirmed. The Chief Financial Officer is hereby authorized and directed to enter into an agreement with the Financial Advisor for the services to be provided.

Section 15. The appointment of Amboy National Bank, Old Bridge, New Jersey, as paying agent for the Refunding Bonds ("Paying Agent"), and as escrow agent ("Escrow Agent") for the Refunded Bonds (hereinafter defined), is hereby authorized, approved, ratified and confirmed. The Mayor, Administrator, Chief Financial Officer and Township Clerk are each hereby authorized to enter into an agreement with the Paying Agent and Escrow Agent for the services to be provided.

Section 16. The Escrow Agent is hereby authorized and directed to redeem on their respective first call dates all of the Callable Bonds at a redemption price equal to 102% of the Callable Bonds to be redeemed, plus interest accrued to the redemption date ("Refunded Bonds").
The Escrow Agent shall mail any required notice of redemption as set forth in the Refunded Bonds and in the Escrow Deposit Agreement (hereinafter mentioned) by and between the Township and the Escrow Agent.

Section 17. To provide for the redemption of the Refunded Bonds as set forth in Section 17 above, the Mayor, Administrator, Chief Financial Officer and Township Clerk are each hereby authorized to execute and deliver an Escrow Deposit Agreement ("Escrow Deposit Agreement") on behalf of the Township and to make the deposit of moneys and investments specified therein ("Escrow Investments").

Section 18. In order to assist the Underwriter in complying with the secondary market disclosure requirements of Rule 15c2-12, the Mayor, Administrator, Chief Financial Officer and Township Clerk are each hereby authorized to execute on behalf of the Township before the issuance of the Refunding Bonds an agreement with Amboy National Bank, as dissemination agent, providing for the preparation and filing of the necessary reports in accordance with Rule 15c2-12.

Section 19. The appointment of Hutchins, Farrell, Meyer & Allison, P.A., Freehold, New Jersey, certified public accountants, as verification agent ("Verification Agent"), in order to verify the mathematical accuracy of certain computations made by the Underwriter regarding: (i) the adequacy of the maturing principal of and interest on the Escrow Investments to pay the Refunded Bonds as set forth in the Escrow Agreement; and (ii) the yields on the Refunding Bonds and the Escrow Investments, is hereby authorized, approved, ratified and confirmed. The Mayor, Administrator, Chief Financial Officer and Township Clerk are each hereby authorized to enter into an agreement with the Verification Agent for the services to be provided.

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

Section 21. If necessary or advisable, the appropriate Township officials and the Township's professional advisors are hereby authorized to obtain a rating on the Refunding Bonds, and to furnish certain information to the various municipal bond insurance companies concerning the Township and the Refunding Bonds, for the purpose of qualifying the Refunding Bonds for municipal bond insurance. The Mayor, Administrator and Chief Financial Officer are each hereby authorized to execute such documents as may be necessary or appropriate to effectuate the obtainment of municipal bond insurance with respect to the Refunding Bonds if determined to be cost effective.

Section 22. All actions heretofore taken and documents prepared or executed by or on behalf of the Township by the Mayor, Administrator, Chief Financial Officer, Township Clerk, other Township officials or by the Township's professional advisors, in connection with the authorization and issuance of the Refunding Bonds and the refunding of the Refunded Bonds, as described in the Refunding Bond Ordinance, are hereby ratified, confirmed, approved and adopted in all respects.

Section 23. The Mayor, Administrator, Chief Financial Officer and Township Clerk are each hereby severally authorized to determine all matters and execute all documents and instruments in connection with the issuance of the Refunding Bonds and refunding of the Refunded Bonds, as described in the Refunding Bond Ordinance, not determined or otherwise directed to be executed by applicable law, or by this or any subsequent resolution, and the signatures of the Mayor, Administrator, Chief Financial Officer or Township Clerk on such documents or instruments shall be conclusive as to such determinations.

Section 24. All resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.

Section 25. This Resolution shall take effect immediately upon adoption this 22nd day of March, 2004.

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

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

NAYS: None.

RESOLUTION NO. 192

AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES WITH ERM FOR CONSULTING ENVIRONMENTAL SERVICES ON BEHALF 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 settled certain environmental litigation; and

WHEREAS, the settlement requires immediate and competent environmental investigation of the 234 acre “Sommer Site” which the Township proposes to purchase; and

WHEREAS, the engineers at the firm ERM are knowledgeable about the environmental history and nature of the Sommer Site; 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 believes it to be in the best interest of the Township to award a contract to ERM for the environmental investigation required on the Sommer Site.

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

1. The firm of ERM be and hereby is designated to do all work associated with investigating the Sommer Site in fulfillment of the Settlement Agreement reached in multiple party litigation Sommer v. Old Bridge and Old Bridge v. USF&G, et al.

2. Except as provided in Paragraph 3 hereafter, all fees for the said engineering firm shall be paid from the funds assembled in connection with the Township claims against its carriers (approximately $60,000.00) to be held in the Old Bridge Settlement Fund.

3. The Township shall directly fund a fifteen percent (15%) share of the Phase I Investigation, and if necessary, a fifteen percent (15%) share of Phase II Investigations, not to exceed sixty thousand dollars ($60,000.00) total without further authorization from the Township of Old Bridge.

4. The Mayor, Township Clerk and Township Attorney are hereby authorized to execute any and all documents relating to the contract and engagement herein authorized.

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

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

NAYS: None.

RESOLUTION NO. 193

AUTHORIZING THE REPLACEMENT PURCHASE OF THE LARGE DECK MOWER STOLEN FROM THE PUBLIC WORKS YARD

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 Parks and Recreation Department wishes to replace the large deck mower which was stolen from the Public Works Yard; and

WHEREAS, Thomas Badcock, Director of Parks and Recreation, has received three (3) quotes and has determined that the contract shall be awarded to Millbrook Power & Marine Equipment Co., 49 Highway 36, Middletown, NJ, for the purchase of the Toro Zee Model 74213 Rider Mower at the price of $9,373.10. The purchase price of $9,373.10 is charged to insurance reimbursement account No. 01-2004-1115-2505-2-400.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the replacement purchase of the Toro Zee Model 74213 Rider Mower for the price of $9,373.10 be charged to the insurance reimbursement account No. 01-2004-1115-2505-2-400 is hereby authorized.

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

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

NAYS: None.

RESOLUTION NO. 194

AUTHORIZING PAYOUT OF ACCUMULATED TIME TO RONALD CONCANNON

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

WHEREAS, the Township Council of the Township of Old Bridge has a policy which requires the Township Council's authorization of any payout of accumulated time $5,000 or greater to be authorized by resolution; and

WHEREAS, due to retirement from his position at the Township of Old Bridge, Ronald Concannon is entitled to a payout of his accumulated time; and

WHEREAS, the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey has been informed that a lump sum payout of accumulated time equals $7,120.36.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that a lump sum payout of accumulated time is hereby authorized to be paid to Ronald Concannon in the amount of $7.120.36

Sick (1.5 days) $5.14.73
Vacation (19 days) $6,519.85
Personal Days (.25) $85.79

TOTAL $7,120.36

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

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

NAYS: None.

RESOLUTION NO. 195

AUTHORIZING EMERGENCY PAYMENT IN AN AMOUNT NOT TO EXCEED $6,000.00 FOR THE SCANNING OF DOCUMENTS IN RESPONSE TO GRAND JURY SUBPOENA #04-08 FROM THE OFFICE OF THE ATTORNEY GENERAL

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

WHEREAS, the Township Council wishes to authorize an emergency payment to Large Doc Solutions for the scanning of documents in response to Grand Jury Subpoena #04-08 from the Office of the Attorney General compelling the production of documents by March 24, 2004; and

WHEREAS, the Township Council wishes to authorize the emergency payment in an amount not to exceed $6,000.00 to Large Doc Solutions, 15 Walnut Avenue, Clark, NJ to perform this work; and

WHEREAS, due to the emergent nature of providing information in a timely manner to the Office of the Attorney General this contract was negotiated and awarded without public advertising pursuant to NJSA 40A:11-6; and

WHEREAS, although this payment is below the statutory bid threshold, Large Doc Solutions will noW exceed the total bid threshold sum of $17,500.00 for a contract year due to a prior purchase order with the Township for the reproduction of map documents.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Council authorizes the emergency payment of an amount not to exceed $6,000.00 to Large Doc Solutions, 15 Walnut Avenue, Clark, NJ for scanning documents in response to Grand Jury Subpoena #04-08 from the Office of the Attorney General, compelling the production of documents by March 24, 2004.

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

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

NAYS: None.

RESOLUTION NO. 196

AUTHORIZING SUBORDINATION OF A CERTAIN MORTGAGE

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

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

WHEREAS, the owners of the said property wish to refinance the property; and

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

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

1. The mortgage in favor of the Township of Old Bridge in the amount of $12,100.00 may be subordinated by an additional $60,000.00 (new mortgage) on property located at 11 Southwood Drive, Old Bridge, NJ Block 18060, Lot 23 assessed to James Hornes.

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

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

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

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

NAYS: None.

RESOLUTION NO. 197

AUTHORIZING CONTRACT WITH CME ASSOCIATES FOR PROFESSIONAL SERVICES FOR PREPARATION OF PHASE I ENVIRONMENTAL REPORTS FOR NIKE SITE EVALUATION BLOCK 7000, LOTS 4.14 AND 4.15

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 professional services for the preparation of a Phase I Environmental Report for the Nike Site Evaluation, Block 7000, Lots 4.14 and 4.15; 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 Township Council wishes to authorize a contract with CME Associates for purposes of the preparation of Phase I Environmental Report for the Nike Site Evaluation Block 7000, Lots 4.14 and 4.15.

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 1460 Rt. 9 South, Howell, New Jersey 07731 in the amount of $2,600.00.

2. The award of the contract is contingent upon the issuance of a Certification of Funds No.1214 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 by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

RESOLULTION NO. 198

PARKS EDGE MEMORIALIZING RELEASE OF PERFORMANCE

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

WHEREAS, Parks Edge comprises nine (9) single family homes and is located on the south side of Gordon Road near Cheesequake Village in Ward 1; and

WHEREAS, the developer of Parks Edge is now requesting a release of the following performance guarantee; and

WHEREAS, the Performance Guarantee for this development was reduced by 50% in February, 2001 from $276,706.50 to $138,353.25:

Performance Bond $124,517.92
10% Cash Deposit $ 13,835.33

Total $138,353.25

WHEREAS, a public hearing was held on March 1, 2004 at which time the Township Engineering Departmen