Old Bridge Township, New Jersey - April 26, 2004 Minutes

A combined meeting of the Township Council of the Township of Old Bridge was held on April 26, 2004 at the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

Moment of Silence

President Baker requested a moment of silence for the Armed Forces serving everywhere.

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, May 3, 2004 at 8:00 p.m. in the municipal complex.

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

RESOLUTION NO. 253

APPROVAL OF 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 23, 2004 Combined
March 15, 2004 Agenda
March 22, 2004 Regular

Moved by Councilman Butler, seconded by Councilman Volkert 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.

RESOLUTION NO. 254

BILL LIST

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

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

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of April 26, 2004 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of April 26, 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 $3,107,091.95 (Accounts Payable).

Moved by Councilman Butler, seconded by Councilman Calogera 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.

RESOLUTION NO. 255

BILL LIST

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

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

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

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: Councilman Maher.

RESOLUTION NO. 256

BILL LIST

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

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

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

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

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

NAYS: Councilman Calogera.

ABSENT: Councilman Maher.

Preliminary public comments.

Mrs. York: Many of the parks in the Township of Old Bridge have been upgraded with the exception of Veterans Park. The children use the building in the park for summer school, and the building is falling apart. Please appropriate money either to completely refurbish the building or tear it down and build a new one.

Mr. Carlsen: There is a continuing problem with the build up of trash in the Arbors along the pathway to the New Jersey Transit bus at the municipal center. I have asked repeatedly to have this bus stop moved to Rt. 9.

President Baker: I will give you a copy of the latest correspondence that we have between the bus company and the chief of police. The bus company has agreed to meet with us.

Councilman Greene: This problem could go beyond the bus. This may be an area that is used at night, and something other than relocating the bus should be done to prevent loitering in that area.

President Baker: I invite you as well as any other council person when we meet with the representatives of the bus company.

Mr. Quinlan (Lakeridge): I am the pool manager at Lakeridge. A developer has stripped trees and water flows into the Lakeridge area. I have been before the planning board and was assured that everything was going to be taken care of. I have even spoken to a representative of Hovnanian who has showed me a grading plan which I did not understand. I am to have a meeting with Hovnanian tomorrow morning. What recourse do I have? Builders should not be allowed to devastate a community that has been here for thirty-seven years. This is a beautiful facility, but the baseball field is not usable. This is also an environmental issue because of the standing water.

President Baker: The help will come from administration. I ask Mr. Shah to make this as an action item.

Councilman Calogera: I am meeting with Hovnanian and will address the water runoff problem. Mr. Vincenti has spoken with Mr. Carlen and me. We are following this and are on top of it. We are going to be reviewing the drainage sheets and try to assure the residents that this problem is going to be taken care of.

President Baker: I have heard from Councilman Calogera that the engineering department is involved.

Mr. Pentland: I am the current president of the Lakeridge West Community Association and I have the same complaint.

Presentation.

President Baker: I have sat on the council for two years, and I have criticized those who have sat where I am sitting. It is extremely difficult to run this meeting. It is easier to sit on either side and say you can do better.

President Baker presented Councilman Testino and Councilman Butler with a plaque.

President Baker: Councilman Testino led the council as president from 1998 to 1999. It was his leadership and guidance that has helped me try to do the best I can do. I congratulate Ed Testino.

Councilman Testino: This is one of the few times that I am speechless in front of Mr. Baker. I thank my colleagues and administration for all their help during my terms. I will proudly display this plaque.

President Baker: I remember Mr. Butler telling me to calm down and that I would have the chance to speak. It is easier to do this job when you have many council persons being supportive. Mr. Butler has taught us teamwork and support during his term 2002 to 2003.

Councilman Butler: You cannot be successful in this job without everyone's help. We got much accomplished, and I appreciate my colleague's, administration's and the public's support.

Council comments.

Councilwoman Panos: We spoke about putting a new building there (Veterans Park), and that is a big task. We held off and tried to upgrade by installing air conditioning. I have spoken to the business administrator, the director of parks and the chief of police with respect to the park and its conditions. Hopefully, we can "band aid" and put in for a new building next year.

Presentation.

CDBG Action Plan FY 2004. (Council action tabled until 5/3/04)

Mr. Ruffley: Pursuant to the requirements of CFR 91105B-1 take notice that the Township of Old Bridge anticipates receipts of approximately $397,000 in Community Development Block Grant Funds from the U.S. Department of Housing and Urban Development for the forthcoming program year. The township will have available approximately $30,000 in program income to be allocated to eligible community development projects. At a minimum all program activities must meet one or more of the three national objectives:

1. Benefit all moderate income persons
2. Aid in the prevention of slums or blight
3. Meet other community development needs posing a serious and immediate threat.

The following general activities are eligible for CDBG funding:

• housing repair and rehabilitation including energy conservation;
• street and utility improvements and parking;
• drainage, water, sewer, fire police and solid waste improvements;
• acquisition of land and buildings for housing, parks, community facilities and other projects;
• construction and/or rehabilitation of buildings for community and senior centers or residential treatment facilities for shelters;
• public services such as shared housing daycare services for the disabled and other programs that service the population in need;
• preservation and rehabilitation of historic structures;
• accessibility projects for the disabled;
• economic development activities;
• general planning activities.

Under the federal regulations activities specifically ineligible are buildings or portions thereof used for the general conduct of government. Example: municipal administration buildings, libraries, etc. In addition CDBG funds cannot be used for general government operating and maintenance expenses, purchase of equipment, new housing construction, income payments or political activities.

(Mr. Ruffley recites the CDBG FY 2004 Budget)

Mr. Ruffley: Public services are capped at 15%. The first item is "day care" which assists low income children and families through partial funding of the cost of day care services rendered in the child care provider's home. The program provides training to the providers. This year we have four youth in that program.

The Frail and Elderly program provides an aide to render services to the frail and elderly at the township senior center located at the senior center at the municipal complex at One Old Bridge Plaza. We have approximately 65 people who take advantage of that program.

Housing Counseling Services through the Housing Coalition provides fair housing counseling and assistance with other housing problems. Services are provided by the Housing Coalition of Central Jersey to assist low income households. The Housing Coalition is located in New Brunswick and has helped approximately 300 residents of Old Bridge.

The Food Bank provides funding through the community food bank to assist low and moderate income households. Approximately 100 people participated in the program.

Housing Rehabilitation Program provides affordable housing through replacement of dangerous systems and correction of code violations of housing units owned and occupied by extremely low and moderate income households. Grants are provided on a rehab cost of up to $3500. Deferred payments loans are available for rehab costs exceeding $3500 and up to maximum of $15,000. Eligibility is based on the total household income using the HUD established income guidelines. Last year we did 35 homes.

A much needed recreation center in Ward III - provide funds for the construction of the new recreational facility in an income eligible area of the township. Approximately 1500 people live in the apartments. This will help keep the children off the street.

Planning and Administration is what I run with two part-time assistants. We have $5,000 set aside for miscellaneous administrative costs associated with the CDBG program.

Councilman Calogera: You do a good job, and I would like to see you get more money. This money comes from the "feds". We get approximately $397,000. Towns that appear more affluent than we, e.g. Edison and Woodbridge, are getting $790,000 and $733,000 respectively. That is a big discrepancy. Is there a reason why there is such a difference?

Mr. Ruffley: You can write your local congressman and state senators.

Councilman Calogera: There is no socio-economic reason why we should be getting less.

Mr. Ruffley: No.

Councilman Calogera: This is something that I would like to discuss at a council meeting. Perhaps we could send a letter by means of a resolution to attempt to get more money. That is going to be monies that we could use for our seniors and our housing programs because we are limited in what we have allotted for seniors. I don't think that we handle any programs for seniors who do not own their own homes. We have a lot of senior renters; there is nothing for seniors who rent and need work done to their apartments. I would like to put this up for conversation at another meeting.

Councilwoman Panos: With respect to the "frail and elderly", what gets done for these 65 people?

Mr. Ruffley: They feed them and help them off the bus, etc. The safe housing program provide heaters.

Councilman Greene: This is an annual grant which all municipalities in the United States apply for. This grant goes back many years, and I would like to see that we are aggressive in getting our just due in Old Bridge in the programs that are needed for various groups of individuals. If I can help to see if we can get more money, I would be more than glad to do that. Mike Ruffley did a nice job, and I appreciate your work on this.

Councilman Butler: I thank Mr. Ruffley and his staff for the work they do. Where does the "anticipated program income" money come from?

Mr. Ruffley: If the loan comes to $3500, it becomes a deferred loan up to $15,000. When the owner sells the house, they pay back the township.

Councilman Butler: I see that this can only be increased by 15% according to federal guidelines. You can increase other areas more than that provided you have the money.

Mr. Ruffley: Correct.

Councilman Testino: If we didn't get to the recreation center this year, would this money stay in the line item until next year?

Mr. Ruffley: Yes.

Councilman Testino: Thanks, Mike, great job!

Mr. Gillespie: I want a copy of last year's plan. The information you provided about the housing counseling services - it seems to conflict with what we were told at the housing authority that the housing coalition was not providing any services in Old Bridge last year.

Mr. Ruffley: They are.

Mr. Gillespie: Do you have approved vouchers to pay them that amount?

Mr. Ruffley: Yes.

Mr. Gillespie: You do? Is it possible that we can get a look at that? I am a little bit concerned too because I looked at the demographic data that was a part of this which described the census tract, the block level information. I want to call to the council's attention that on page 26 the census block information demonstrates the growth in the Latino population in particular. While I think it is important that you pointed that out in the report, I don't see anything in this plan to specifically address the needs of that community. At least in one of the census tracts they are the largest single ethnic group within that area. I am a little concerned that while we seem to set $185,000 for a recreation center that I think is important, and that I am going to support, I thought that this is something that the township might be willing to fund at a certain level.

I am concerned that there is nothing specific to meet the needs of what is one of Old Bridge's largest growing demographic communities - the Latino community, and that has specific needs. While I think that this information you presented is helpful, I would like to see something in the nature of programmatic response to this demographic trend.

Mr. Ruffley: If they are income eligible, they qualify for rehab like anyone else.

Mr. Gillespie: Correct, but you also have public services and you have other things that are as part of your budget. I am a little concerned that in the public service category, you have only devoted $2,000 to the food bank. I would like to see that higher. If the housing authority is going to enter into a contract for counseling services which they are, I don't see why we shouldn't devote at least $5,000 to the food bank. One of the things that I have learned over the past year is just how busy our food bank is and the fact that we need to provide them with more support. Again, those are people who are income eligible and qualify for this funding. I think it is important that if we have an over subscribed program which we apparently do at the food bank, we should try to respond to that in terms of how we spend this money.

Last year we had 35 rehab projects at $3500, the maximum grant amount. We spent $122,000 on rehab, and this year you have allocated $100,000 for housing rehab. Does that mean that we are potentially going to have applications that go unfulfilled?

Mr. Ruffley: No, there is program income coming in all the time - much more than the $30,000 you see here. I anticipate $30,000. This year we are close to $50,000 in program income which goes in to housing rehab.

Mr. Gillespie: You expect to spend $130,000 in housing rehab?

Mr. Ruffley: Possibly a little more.

Mr. Gillespie: It is not reflected on the sheet. If the township were to decide that we were going to spend the money ourselves to construct a recreation facility in Ward III, and you had an additional $185,000 freed up, what would you spend it on?

Mr. Ruffley: Probably rehab.

Mr. Gillespie: Despite the fact that we are going to spend $130,000 on housing rehab, we will still have an unmet need, and that we could potentially spend over $200,000 on housing rehab. We have a total bottom line number of $427,000. What balances have you been carrying forward from prior years?

Mr. Ruffley: I meet the HUD guideline which is 1.5% of the total grant, and I am always under that.

Mr. Gillespie: You are carrying forward less than 1.5%?

Mr. Ruffley: Yes.

Mr. Gillespie: No further questions at this time.

Councilman Calogera: With respect to the Ward III recreation center, on your $185,000 if we decide to build it, that $185,000 could be transferred to the town to defer the cost of building?

Mr. Ruffley: Yes.

President Baker opened a public portion.

Seeing no hands President Baker closed the public portion.

Motion

to accept the CDBG report as presented by Mr. Ruffley moved by Councilman Butler, seconded by Councilman Calogera. No Vote Taken

The following discussion took place.

Councilman Gillespie: Is this a motion to approve the plan?

Councilman Butler: A motion to accept his presentation.

Attorney Convery: You advertised this as a public hearing; you presented your plan and it is my understanding that what you want to do is to take this annual action plan and submit it to the Middlesex County Division of Community Development prior to May 17, 2004?

Mr. Ruffley: It goes to HUD.

Attorney Convery: You are seeking for this council to approve your action plan at this time so that you can forward it to other entities.

Mr. Ruffley: . . . and to apply for funding.

Attorney Convery: Are you seeking approval this evening so that you can submit this within time?

Mr. Ruffley: No, but this should be done as soon as possible.

Attorney Convery: You would have to come back at another council meeting to get this in before May 17. Unless there are any other specific questions, we have met the requirements of having a public hearing, and I have not researched this with Mike (Ruffley), but I would think that if there were any substantial changes to the plan, there may have to be another public hearing. I would recommend that you go forward with action on this rather than put us in jeopardy of not getting the plan submitted within the guidelines.

Mr. Shah: We have concluded the presentation of the plan tonight, and hopefully, we are all satisfied with the answers. I would like to request that council consider approving the plan at the first meeting in May. I think that we will still have sufficient time for Mike (Ruffley) to present the plan to HUD by May 17.

Attorney Convery: As long as Mike Ruffley is satisfied that he has sufficient time (I have not sat down with him and gone over the dates), I will defer to the administration.

Councilman Greene: That is fine with me. I was going to do this tonight, but if Mr. Shah wants to wait until May 3, that is fine.

Councilman Calogera: Does administration have any suggestions for changes? What is the purpose of postponing this? If there are changes, we can reflect on them prior to the next meeting.

Mr. Shah: I don't think that we have a substantial change or recommendation. We have heard this for the first time. Dawn and I would like to sit with Mike and absorb all the information and then make recommendations to council. I don't have a plan to recommend any changes.

President Baker: I have captured your comments, and I think you have answered to Kevin's satisfaction.

Councilman Testino: Amendments are allowed after you adopt a plan. As long as we get the money, we can do any amendments to the line items that they council wants. I am in agreement with Mr. Convery and as long as we don't jeopardize the funding, we can wait. I prefer to put the application in.

President Baker: Unless someone has a problem with Mr. Shah's suggestion, I suggest that we appreciate Mike's time here. Thanks for your report; we will move it at the next meeting.

Councilman Testino: We don't need a public hearing at the next meeting?

Mr. Convery: This satisfies the public hearing; the administration will report back to the council who will take action at the next meeting.

Motion

to table the CDBG Action Plan until May 3, 2004 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.

Hearing.

1. Forest Gardens - release/reduction performance guarantee.

Mr. Vincenti: We sought a bond release last month, but the council wanted it deferred. The remaining item centered around a pavement deficiency. The homeowners association's number differed from ours. I have had discussions with attorneys for the association and the developer. The developer has agreed to, in lieu of making any contribution whatsoever, do the paving within thirty days which will be inspected by my department. We had issued a recommendation dating back to January 22.

I ask the council to adopt our recommendation for the bond release subject to the following:

1. The developer will pave the roadway to our satisfaction within thirty days;
2. Submission of "as built" drawings;
3. Submission of final letter of compliance from Freehold Soil;
4. Posting of a maintenance bond covering a period of two years in the amount of $82,255 which is 15% of the original performance guarantee;

I ask that the council defer memorializing that resolution until after we have confirmed that the developer has paved the roadway to our satisfaction. If within thirty days, that does not occur, we will place an item on this agenda to rescind the vote taken by the council.

President Baker: What is the risk to the township?

Mr. Vincenti: There is no risk.

Councilman Calogera: What is the problem with waiting and not moving on the bond until the developer completes his work? I don't see why we have to vote on this.

Mr. Vincenti: This has clogged your docket for three council meetings. If the council wishes us to come back and continue the public meeting, it is within your purview to do so.

Councilman Calogera: My wish is to guarantee that the issue is dealt with correctly by the developer. If that means coming back until it is done correctly, I would rather see us not vote on any reduction until the work is done.

Mr .Vincenti: I see no harm in doing so with the safeguards I have outlined.

Councilman Maher: I support Councilman Calogera's suggestion. I don't see the urgency or race to move this forward until the promised work is complete. You have outlined steps that the work be completed within thirty days. I would rather wait the thirty days until the work is complete. John, I respectfully disagree with you. I would rather have you back here to release everything at the same time.

Mitch Stark (Stark and Stark, attorney for Forest Gardens Condo Association): We request that the bond release or cash retention be held up until the work has been performed to the association's satisfaction.

Andrew Ulrich (attorney for Forest Gardens developers): We hope that the township engineer has the final say with regard to the improvements that we perform. When they are performed, we are going to schedule that with a representative of the township unless directed otherwise.

President Baker: I see no other options. I think that the engineer is the person who brings his expertise here. What is the risk to the town? There is no risk to the town. If the quarterback of the town who is in charge of this is saying that we should adopt this, and he makes sure that he protects us, I suggest that we give him an opportunity to do that, and if he does not come through, we will deal with that then.

Councilman Testino: If once the work is done, they have met every other condition, and this is what you have negotiated in the sessions between the various persons involved as we instructed the last time, correct?

Mr. Ulrich: Yes.

Councilman Testino: To some extent you cannot take your professional's legs out from underneath him when you send him into a session as we did. I say we support the engineer and let him do it the way he thinks he can do it the best. He has stated that this is the way he thinks he can get this done. I am looking for results.

Councilman Calogera: This is no reflection on Mr. Vincenti. I trust him to handle the situation. When builders come to this council, they must know that we are serious; we want things fixed. All this should have been repaired a long time ago. We should not have to be dealing with this issue. If done correctly the first time, this bond would have been released a long time ago. That is what is behind my motion to table and is not a reflection on Mr. Vincenti or the engineering department.

Motion

to table the release/reduction of the performance guarantee for Forest Gardens made by Councilman Calogera, seconded by Councilman Maher and so denied on the following roll call vote:

AYES: Councilmen Calogera, Greene, Maher, Councilwoman Panos.

NAYS: Councilmen Butler, Gillespie, Testino, Volkert, President Baker.

Motion

to release the performance bond of Forest Gardens subject to the conditions as stated by the township engineer made by President Baker, seconded by Councilman Volkert and so ordered on the following roll call vote:

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

NAYS: Councilman Maher, Councilwoman Panos.

ABSTAIN: Councilmen Calogera, Greene.

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

Attorney Convery: This action will not be memorialized for thirty days.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 08-04

BOND ORDINANCE AUTHORIZING VARIOUS RECREATIONAL IMPROVEMENTS IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $132,300 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $126,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; 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 purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $132,300;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $126,000;

(c) a down payment in the amount of $6,300 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $126,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $6,300, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $126,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $126,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $10,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Purpose/Improvement Estimated
Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Fiber Safety Surfacing at Various Playgrounds in the Township, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $26,250 $1,250 $25,000 15 years

B. Resurfacing of Parking Lot at Higgins Road Soccer Complex, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $27,300 $1,300 $26,000 10 years

C. Installation of Field Sprinkler System at Ticetown Road Soccer Complex, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $78,750 $3,750 $75,000 15 years

Section 8. Grants or any other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.

Section 9. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 13.97 years.

Section 10. 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. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $126,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, 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 12. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) 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 Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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.

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

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 09-04

BOND ORDINANCE AUTHORIZING CAPITAL IMPROVEMENTS TO AND THE ACQUISITION OF CAPITAL EQUIPMENT FOR THE TOWNSHIP ARENA IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $105,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $100,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $105,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $100,000;

(c) a down payment in the amount of $5,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $100,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $5,000, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $100,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $100,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Purpose/Improvement Estimated
Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Acquisition of Zamboni for Township Ice Arena, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $73,500 $3,500 $70,000 15 years

B. Replacement of Township Ice Arena Roof, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $31,500 $1,500 $30,000 15 years

Section 10. 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. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $100,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 14. The Township hereby covenants as follows:

(d) 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 Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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.

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

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE 10-04

BOND ORDINANCE AUTHORIZING RECREATIONAL IMPROVEMENTS AT MANNINO PARK IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $1,155,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $1,100,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $1,155,000; and

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $1,100,000; and

(c) a down payment in the amount of $55,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.

Section 3. The sum of $1,100,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $55,000, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $1,100,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $1,100,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Purpose/Improvement Estimated
Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Mannino Park Improvements (Phase I and II) including, but not limited to, Roadway Resurfacing, Parking Improvements and Utilities Upgrades, all as more particularly described in the plans on file in the office of the Township Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $1,155,000 $55,000 $1,100,000 15 years

Section 9. 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. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $1,155,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, 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 11. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 12. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 13. The Township hereby covenants as follows:

(d) 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 Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

Moved by Councilman Butler, 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.

Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion, but the following council discussion took place.

Councilwoman Panos: Is there a timeframe as to when we will start this work and when Phases I and II will be completed?

Mr. Shah: There is no timetable set for the various phases of Mannino Park. It depends on the completion of this particular project and its funding.

Mayor Phillips: This is a complicated project. The good news is that we finally have the deed for the sliver of property that we need for entrance into Mannino Park. The county is preparing to go out for a construction manager for the Owens Road improvement which will be turned into a four way improvement. Owens Roads will be extended into Mannino Park. That is Phase I and is up to the county to complete. Our obligation is to bring in the YMCA, and we are responsible for the extension of the road to the portion of the property where the YMCA is anticipated [to be built].

This money provides for that extension. It is anticipated that we are going to be entering into negotiations with the YMCA soon to come up with a redeveloper's agreement which you will have to approve. The phases that have to be done to get into Mannino Park, the county has to do the improvement at Owens Road. We would have to design the entrance into Mannino Park up to the point where the YMCA will be built.

There is a commitment to relocate the Rebel football fields inward to a parcel of land which is adjacent to Mannino Park. You asked when this will be accomplished; I cannot tell you because so many of these things rely on other agencies. By putting this money aside, our intent is to demonstrate our willingness to move forward; and we will tap into this bond money as needed to construct our portion of the entrance into Mannino Park.

Tom Badcock is working with the people whom we believe will be responsible at the county level to design the entrance, and then we design what we want at Mannino Park. Churchill once said "Is this the beginning of the end". No, but this may be the end of the beginning. We now have the ability to move forward on Mannino Park with the combined monies we have in our capital program. You asked "when", I say as soon as we can.

Councilwoman Panos: The Rebels are going to be moved into Mannino Park. That is not part of the original plan.

Mayor Phillips. Runyon Watershed had to go through a state approval which was to define existing uses, one being the Old Bridge Little League; the other was the Sayrewood South Rebels. Those fields are considered too close to Rt. 516 for safety. It is anticipated that a portion of those fields will be relocated inward on county property which will be adjacent to Mannino Park. You will probably notice that there is a difference between Mannino Park and where the football fields will be established for the Sayrewood South Rebels. This has always been the plan and has been approved by the state. It is just the matter of getting the funding sources together.

Councilwoman Panos: What about Old Bridge Little League?

Mayor Phillips: Those fields were dedicated two weeks ago.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 11-04

BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS IN AND THE ACQUISITION OF CAPITAL EQUIPMENT FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $1,086,750 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $1,035,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $1,086,750;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $1,035,000;

(c) a down payment in the amount of $51,750 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $1,035,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $51,750, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $1,035,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $1,035,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Purpose/Improvement Estimated
Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Improvements and Repairs to Township Municipal Building Facade, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $210,000 $10,000 $200,00 15 years

B. Replacement of Township Municipal Building Entry Foyer Floor, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 52,500 2,500 50,000 10 years

C. Phase 2 of Township HVAC Improvement Program, all as more particularly described in the plans on file in the office of the Township Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 126,000 6,000 120,000 20 years

D. Installation of Geographic Information System, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 21,000 1,000 20,000 5 years

E. Development of Township Document Management/Scanning Program, all as more particularly described in the plans on file in the offices of the Township Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 465,150 22,150 443,000 5 years

F. Replacement of HVAC Handlers in Various Township Municipal Buildings, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 105,000 5,000 100,000 15 years

G. Installation of Lighting and Upgrades to the Audio System for the Township Council Chambers, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 28,350 1,350 27,000 10 years

H. Replacement of Shooting Range Backstop for Township Police Department, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $36,750 $1,750 $35,000 10 years

I. Installation of Flooring for Various Township Offices, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 42,000 2,000 40,000 5 years

Section 10. 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. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $1,035,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 14. The Township hereby covenants as follows:

(d) 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 Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

Moved by Councilman Butler, seconded by Councilman Volkert 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 President Baker opened a public portion. Seeing no hands President Baker closed the public portion.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 12-04

BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS ROADWAY AND DRAINAGE IMPROVEMENTS IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $2,551,500 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $2,239,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $2,551,500;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $2,239,000; and

(c) a down payment in the amount of $112,500 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.

Section 3. The sum of $2,239,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $112,500, which amount represents the required down payment, and a grant of $200,000 from the New Jersey Department of Transportation, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $2,239,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $2,239,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Purpose/Improvement Estimated Total Cost Down Payment Grant / Aid Amount of Obligations Period of Usefulness

A. Ward 6 Drainage Study, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto $21,000 $1,000 $0 $20,000 5 years

B. Resurfacing of Municipal Parking Lot and Related Drainage Improvements at Township Ice Arena, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto 105,000 5,000 0 100,000 10 years

C. Underdrains, Sump Pump Remediation and General Small Drainage Improvements throughout the Township, all as more particularly described in the records on file and available for inspection in the Office of the Township Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto 157,500 7,500 0 150,000 20 years

D. 2004 Township Roadway Resurfacing Program, all as more particularly described in the records on file and available for inspection in the Office of the Township Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto 787,500 37,500 0 750,000 10 years

E. 2004 Township Curbing Program, all as more particularly described in the records on file and available for inspection in the Office of the Township Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto 1,050,000 50,000 0 1,000,000 10 years

F. Roadway restriping throughout the Township, all as more particularly described in the records on file and available for inspection in the Office of the Township Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto 10,500 500 0 10,000 5 years

G. 2004 TTF State Aided Roadway Reconstruction Project, all as more particularly described in the records on file and available for inspection in the Office of the Township Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto $262,500 $3,500 $200,000 $59,000 10 years

H. Signal and Channel Improvements on Valley Vale Drive and Ticetown Road, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto 157,500 7,500 0 150,000 15 years

Section 8. Grants in addition to those identified in Section 7 above or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance the costs of the purposes described in Section 7 above.

Section 10. 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. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $2,239,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 12. The applicable Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 14. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(d) 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 Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of any such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

Moved by Councilwoman Panos, 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.

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

Mr. Redmond: This [bond] covers drainage improvements; paving and curbing are included, but not looking into a section of sidewalk on Maple Street. If we can spend $105,000 to repave the parking lot, I am sure that we can put a little money aside to keep the children safe while meeting the school bus on Maple Street which has become a main thoroughfare. This should be a priority and appears to be missing from the ordinance.

Seeing no further hands President Baker closed the public portion.

The following discussion took place.

Councilwoman Panos: I know that Mr. Vincenti said that wetlands were constrictive on the WaWa side, but on the other side of the street I don't see any ditches. Please see if you can install sidewalks. When the drainage study in Ward VI begins, I would like to be included. I drive on those streets and know what floods. I would like to be notified and included.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 13-04

ORDINANCE FIXING COMPENSATION FOR DEPARTMENT HEADS, THE TAX ASSESSOR AND THE TOWNSHIP CLERK

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

1. Compensation for Department Heads, Tax Assessor and the Township Clerk shall be fixed as follows (base salary subject to longevity): (See Note 1)

TITLE Retroactive Retroactive
To 7/1/2002 To 7/1/2003

Director of Department of Administration
(See Note 2) $107,720.00

Director of Department of Finance
(See Note 3) $97,454.00 $101,254.00

Director of Department of Law
(see Note 4) $97,664.00

Director of Public Works
(See Note 5) $95,504.00 $99,228.00

Director of Police
(See Note 2) $0.00 $0.00

Director of Parks, Recreation & Social Services
$93,998.00 $97,664.00

Director of Department of Community Development
(See Note 6) $93,998.00 $97,664.00

Tax Assessor
$87,218.00 $90,619.00

Township Clerk /Tax Assessment
$80,710.00 $90,619.00 Search Officer (See Note 7)

2. Additional compensation for Department Heads, the Tax Assessor, and the Township Clerk shall be as follows:

All health, prescription, vision, long-term disability insurances and other similar benefits afforded other full time employees of the Township of Old Bridge, plus any benefits provided by Ordinance.

*Note 1 Any retroactive pay increase noted herein shall only apply to the incumbent in the position on the effective date of this Ordinance.

*Note 2 In the event the current incumbent in this position holds the position of Director of Police: This Ordinance does not permit any person to collect dual salaries. Accordingly, the Business Administrator shall be paid only for one position or the other, but not both.

*Note 3 In the event the current incumbent in this position holds the position of Chief Financial Officer: This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Finance will be paid as either the Director of Finance or Chief Financial Officer, but not both.

*Note 4 The base salary of the Director of the Department of Law shall be retroactive to March 8, 2004.

*Note 5 In the event the current incumbent in this position also holds the office of Public Works Supervisor: This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Public Works may be paid for only one position or the other, but not both.

*Note 6 In the event the current incumbent in this position also holds the office of Township Engineer: This Ordinance does not permit any person to collect dual salaries. Accordingly, the Director of Department of Community Affairs may be paid only for one position or the other, but not both.

*Note 7 The base salary of the Township Clerk from July 1, 2003 to April 12, 2004 will be $80,710.00. The salary of $90,619.00 including
a stipend as Tax Assessment Search Officer will be effective.

Moved by Councilman Butler, seconded by Councilman Volkert 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 President Baker opened a public portion. Seeing no hands President Baker closed the public portion and the following discussion took place.

Councilman Calogera: We have a separate tax search officer who does the job of tax search.