A regular meeting of the Township Council of the Township of Old Bridge was held on May 10, 2004 in the Municipal Complex. The meeting was called to order by President Baker who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be May 17, 2004 at 8:00 p.m.

Roll call at 8:06 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Butler, Calogera, Gillespie, Greene, Testino, Volkert, Councilwoman Panos, President Baker. Councilman Maher was absent.

President Baker asked for a moment of silence to honor the men and women in the armed forces serving in the War on Terror.

APPROVAL OF MINUTES

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

RESOLUTION #275-04

WHEREAS, the following minutes are hereby approved;

March 1, 2004 – Agenda

Moved by Councilman Butler, seconded by Councilman Testino 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.

Bill List

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

RESOLUTION #276-04

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 May 10, 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 May 10, 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 $12,249,243.28 (General Fund)

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.

Bill List

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

RESOLUTION #277-04

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 May 10, 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 May 10, 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 $742,704.10 (Payroll)

Moved by Councilman Butler, seconded by President Baler 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.

Bill List

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

RESOLUTION #278-04

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 May 10, 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 May 10, 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 $24,695.61 (Overtime).

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.

Report of the Clerk

None.

Report of the Attorney

None.

PROCLAMATION - Old Bridge High School Cheerleaders

Achievements

1st Place Cheerleaders of American Tournament
4th Place University Cheerleaders Association
1st Place Jersey Shore Championships
1st Place Stunt Group – Jersey Shore
1st Place Quest for the Best
1st Place Stunt Group Quest for the Best
1st Place St. Cecilia's Golden Knights Tournament
Grand Championships St. Cecilia's Golden Knights Tournament
1st Place Stunt Group St. Cecilia's Golden Knights Championship

Mayor Phillips presented the Certificates of Excellence to the following cheerleaders:

Nicole Arvidson, Erica Betti, Sami Cetnar, Keri Condon, Megan Corbitt, Stephanie Cuccinello, Jacqueline DeLosSantos, Megan DePinho, Nicole Emslie, Caitlin Glynn, Katie Horsley, Brittania Horvath, Kourtney Kasper, Christina Kosakowski, Lauren Miglionica, Lindsey Miglionica, Lauren Petrovski, Megan Picurro, Betty Shabat, Amanda Siecinski, Ashleigh Walsh, Jacqueline Zusman.

Preliminary Public Comments

Mr. David Merwin: Reminds the residents to attend the Laurence Harbor Memorial Day Parade on May 31, 2004 at 9:30 a.m.

Ms. Arlene Benson: Concerns about the re-grading of Oakland Court and the flooding and ponding that is affecting her property and resale price of her home.

Dr. Anita Greenberg: Concerns about Crossroads at Old Bridge and the lack of public input on the project.

Ms. Barbara Cannon: Concerns about the Crossroads at Old Bridge project on the O&Y property and the impact on the community for the planned 1,000 residential homes. Ms. Cannon reminds the council that this parcel of land was supposed to be the jewel of Old Bridge's economic development.

Mr. Louis Valentino: Thanks the attorney for sending letters to business owners convicting of selling cigarettes to minor to comply with Ordinance 43-02

President Baker advised the residents in attendance that the meeting was not being televised because the sound system was not working.

Councilman Greene requested that the meeting continue to be video taped with the portable camera that was used during the presentation to the Old Bridge Cheerleaders.

Ms. Barbara York: Thanks the Recreation Department and Public Works Department for the job that they did removing the snow this winter.

ORDINANCE FOR FIRST READING

ORDINANCE NO. 14-04

ORDINANCE AMENDING CHAPTER 7, SECTION 7-3(G)(3), “GENERAL ZONE BULK REQUIREMENTS”, “PERMITTED SINGS IN OFFICE DISTRICT”,
OF THE LAND DEVELOPMENT ORDINANCE, OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE.

SECTION 1. PURPOSE OF ORDINANCE:

This Ordinance is adopted for the primary purpose of amending Chapter 7, Section 7-3(G)(3), entitled “Permitted Signs in Office District”, of the Land Development Ordinance, of the Code of the Township of Old Bridge as follows:

Section 7-3(G) entitled – “Signs”

Insert new section 7-3(G)(3) as follows:

3. Permitted Signs in Office Districts

The following signs are authorized in conjunction with permitted and prior non-conforming office uses:

a. One (1) facia sign placed or inscribed upon the front wall of a building containing only the name of the building and or the type of use therein and the street address and not other advertising material. Such sign shall not exceed an area equal to ten percent (10%) of the façade of the building.

b. Office building with a maximum if three (3) occupants may have:

One (1) freestanding sign not to exceed the height of the principal building in the complex or eighteen (18) feet, whichever is the lesser and not to exceed fifty (50) square feet in area and subject to the following criteria: each occupant may be permitted a maximum of ten (10) square feet of sign space. The masthead portion of the sign shall not exceed twenty (20) square feet. Company logotypes must fit within the allowed square footage of sign space.

c. Office building with a single occupant may use the signage permitted.

d. Office building with more than three (3) up to a maximum of ten (10) occupants may have:

One (1) freestanding sign not to exceed the height of the principal building in the complex of twenty (20) feet, whichever is the lesser and not to exceed on hundred twenty (120) square feet in area and subject to the following criteria:

(1) each occupant shall have, not less than ten (10) square feed nor more than fifteen (15) square feet of sign space.

(2) The masthead portion of the sign shall not exceed twenty (20) square feet. Company logotypes must fit within the allowed square footage of sign space.

(3) Masthead portion of sign may include time and temperature displays.

(4) Masthead portion of sign may include the name of the building and street
address.

e. If the building is located on a corner lot a second freestanding sign indirectly illuminated, may be erected provided that the area of the second sign does not exceed one-half (1/2) of the area and one-half (1/2) of the height of the primary sign erected on the major street.

f. At each entrance to the building, one (1) directory sign attached to the building and listing the occupants therein. Such sign shall not exceed eight (8) square feet in area.

SECTION 2: INCONSISTENT ORDINANCES

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

SECTION 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 Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A041 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes and the Ordinance (in the manner set forth at nJSA40:69(A-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, which such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the Council vote in favor of such resolution.

Moved by Councilman Butler, seconded 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.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 15-04

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, APPROVING AND AUTHORIZING THE ENTERING INTO, EXECUTION AND DELIVERY OF A LEASE AND AGREEMENT WITH THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY RELATING TO THE ISSUANCE OF COUNTY-GUARANTEED CAPITAL EQUIPMENT LEASE REVENUE BONDS, SERIES 2004 OF THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY

WHEREAS, the Middlesex County Improvement Authority (the "Authority") is authorized to issue its bonds pursuant to the provisions of the County Improvement Authorities Law, chapter 183 of the Laws of New Jersey of 1960, as amended and supplemented (N.J.S.A. 40:37A-44 et seq.) (the “County Improvement Authorities Law”), and other applicable provisions of law; and

WHEREAS, the Authority has determined to issue its revenue bonds for the purpose of financing the acquisition of capital equipment for the purposes of leasing the same to various municipalities located in the County of Middlesex in the State of New Jersey (the "2004 Program"); and

WHEREAS, the Township of Old Bridge, in the County of Middlesex, State of New Jersey (the "Municipality") has determined to participate in the 2004 Program and to lease certain capital equipment from the Authority; and

WHEREAS, there has been prepared and submitted to the Municipality the form of the Lease and Agreement (the "Lease"), to be entered into by and between the Authority and the Municipality, which Lease has been approved by the County of Middlesex, State of New Jersey (the "County") and which is attached hereto as Exhibit A, providing for the acquisition and leasing of certain Items of Equipment from the Authority, which Equipment is described in Exhibit B attached hereto and incorporated by reference herein. All terms used herein and not otherwise defined shall have the same meanings ascribed to such terms under the Lease.

NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE GOVERNING BODY OF THE TOWNSHIP OF OLD BRIDGE, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1. Pursuant to section 78 of the County Improvement Authorities Law, N.J.S.A. 40:48-1 et seq., the Municipality is hereby authorized and directed to enter into and perform the Lease, which Lease provides for the leasing of certain Items of Equipment acquired with the proceeds of County-Guaranteed Capital Equipment Lease Revenue Bonds, Series 2004 (the "Bonds") to be issued by the Authority under a resolution of the Authority to be adopted by the Authority entitled, "Resolution of the Middlesex County Improvement Authority Authorizing the Issuance of County- Guaranteed Capital Equipment Lease Revenue Bonds" (the "General Bond Resolution"). The Lease, in substantially the form submitted herewith in Exhibit A (a copy of which is on file in the office of the Clerk of the Municipality), is hereby approved with such changes, amendments or modifications as may be approved by counsel or bond counsel to the Municipality and bond counsel to the Authority and the County.

Section 2. The full faith and credit of the Municipality are hereby pledged to the punctual payment of the obligations set forth in the Lease authorized by this ordinance, including without limitation, (i) all Basic Rent and Rent obligations of the Municipality under the Lease including, Authority Administrative Expenses and Additional Rent, (ii) all amounts due and owing to the County as a result of payments made by the County on behalf of the Municipality under the Lease pursuant to the County Guarantee, including County Guarantee Costs and (iii) all direct and indirect costs of the Authority and the County related to the enforcement of the Lease and the County Guarantee ((i), (ii) and (iii) collectively, the "Lease Payment Obligation"). The Lease Payment Obligation under the Lease shall be a direct, unlimited and general obligation of the Municipality, not subject to annual appropriation by the Municipality pursuant to the County Improvement Authorities Law, and unless paid from other sources, the Municipality shall be obligated to levy ad valorem taxes upon all the taxable property within the Municipality for the payment of the Lease Payment Obligation thereunder without limitation as to rate or amount. The Mayor or other Authorized Municipal Representative (as defined in the Lease) is hereby authorized and directed to execute the Lease on behalf of the Municipality in substantially such form as on file in the Township Clerk's office in Exhibit A, and the Clerk of the Municipality is hereby authorized and directed to attest to such signature and affix the seal of the Municipality thereto and the Lease is authorized to be delivered to the Authority. All representatives, officials and employees of the Municipality are hereby authorized and directed to enforce and to implement provisions of the Lease.

Section 3. The following additional matters are hereby determined, declared, recited and stated:

1) The maximum Lease Payment Obligation for which the Municipality shall be obligated hereunder, which, inter alia, will be used for the payment of principal of and interest on the Bonds of the Authority shall not exceed the sum necessary to (a) acquire the Municipality's Equipment described in Exhibit B which will be subject to the Lease, (b) pay interest on the Authority's Bonds allocated to the Municipality and used to acquire the Municipality's Equipment, and (c) pay the Municipality's share of the costs of issuance, Authority Administrative Expenses, Additional Rent, County Guarantee Costs and all other amounts required to be paid by the Municipality under the Lease.

(2) The Bonds shall mature within fifteen (15) years from the date of issue.

(3) The Lease Payment Obligation authorized herein shall remain effective until all the Authority's Bonds shall have been paid in full in accordance with their terms and/or when all obligations of the Municipality under the Lease have been satisfied, notwithstanding the occurrence of any other event, including but not limited to the termination of the Lease with respect to some or all of the Items of Equipment leased thereunder.

(4) The Items of Equipment described in Exhibit B are hereby approved to be leased from the Authority in accordance with the terms of the Lease, with such changes, amendments or modifications as may be approved by counsel or bond counsel to the Authority.

Section 4. To the extent the Municipality is an “Obligated Person” (as defined under the Rule (as hereinafter defined)), the Municipality hereby agrees to comply with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended and supplemented, including the secondary market disclosure requirements contained therein, and agrees to covenant to such compliance in the Lease. The Mayor, Clerk, Chief Financial Officer or other Authorized Municipal Representative are each hereby authorized and directed to execute and deliver a Continuing Disclosure Agreement, approve and "deem final" the Official Statement of the Authority and the preliminary form thereof to the extent the information contained therein relates to the Municipality and to execute and deliver all certificates, documents and agreements to the Authority in connection therewith and to file budgetary, financial and operating data of the Municipality on an annual basis and notices of certain enumerated events as required to comply with and in accordance with the provisions of the Rule.

Section 5. The Mayor, Clerk, Chief Financial Officer or Authorized Municipal Representative are each hereby authorized and directed to execute and deliver any and all certificates, documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the execution and delivery of the Lease, the leasing of the Equipment which is to be the subject of the Lease and all related transactions contemplated by this ordinance.

Section 6. Upon the payment of all amounts referenced in Section 3(3) herein, the full faith and credit pledge of the Municipality as to its Lease Payment Obligations authorized herein shall cease to exist.

Section 7. The provisions of this ordinance are severable. To the extent any clause, phrase, sentence, paragraph or provision of this ordinance shall be declared invalid, illegal or unconstitutional, the remaining provisions shall continue to be in full force and effect.

Section 8. This ordinance shall take effect twenty (20) days after final adoption and publication in accordance with applicable law.

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

Exhibit B of Ordinance 15-04
Township of Old Bridge
SFY 2004 MCIA Request

Department Qty Description Est Cost
Engineering 1 4WD SUV Vehicle 17,500.00
Information Computer Software License 15,000.00
Information File Server Backup System 14,000.00
Information Mobile Units for Police Patrol Cars 70,000.00
Information Networking Technology:Internet 15,000.00
Information Networking Technology: Police vs Admin 12,000.00
Information Networking Technology: Link Patrol Cars to HQ 10,000.00
Information Computers 15,000.00
OBTV 14 3 Panasonic Digital Field Cameras 11,410.00
OBTV 14 1 Echolab 16 input Digital Switches 33,090.00
OBTV 14 1 Digital Audio-Mixer w/Limiter,Peripherals,Cabling 12,551.00
OBTV 14 1 Digital Video Player/Recorder & Edit Controller 6,846.00
OBTV 14 1 Teleprompter 6,846.00
OBTV 14 1 Leightronix Pro16 Event Controller 5,705.00
OBTV 14 2 DVD Players 2,282.00
OBTV 14 1 DVD Copier 2,282.00
OBTV 14 Workstation to Organize Equipment 7,987.00
Police Workstations 50,000.00
Police 1 Down Draft Fingerprinting Station-ID Bureau 3,549.00
Police 1 Id-Bureau-Heppa Filter&Particulate Prefilter
for Fingerprinting Station above 848.00
Police 1 ID-Bureau – Thumbprint Scanner 1,895.00
Police 6 Radars 11,250.00
Police 3 4X4 Drive Vehicles 84,300.00
Police 10 General Purpose Cars 210,000.00
Police 10 Marked Police Cars 300,000.00
Public Works 5 Pick-Up Trucks w/Snow Plows&Salt Spreaders 175,000.00
Public Works 1 Utility Truck w/ Jackhammer & Compressor 50,000.00
Recreation 1 Commercial Dishwasher – SR. Center 2,000.00
Recreation Fireproof Cabinet for Register Files 5,000.00
Administration 1 Mail machine 23,000.00

TOTAL MCIA REQUEST $1,174,341.00

ORDINANCE FOR FIRST READING

Ordinance to Create a Redevelopment Agency

Attorney Convery: I have done research on this and I would ask that you not introduce this ordinance tonight. The ordinance is prepared and in your packet, but state law requires that the Local Finance Board approve the ordinance before it can become effective. I am asking you to take no action tonight. I will refer you to C18 on the consent agenda; the resolution authorizing the Mayor/Business Administrator to apply to the Local Finance Board for the creation of a Re-Development Agency.

Councilman Greene: At the last meeting I was told that I could discuss this ordinance tonight at first reading.

Attorney Convery: I think that you will be able to discuss this at the consent agenda portion.

Councilman Calogera: I would prefer to speak at the ordinance portion, since the resolution mentions that we are forwarding an ordinance to the finance board. I think the resolution is the second step and we may need to have a workshop on this...

Councilman Testino: I am asking for a point of order… Are we debating this now?

President Baker: We will discuss this when it is removed from the consent agenda.

Councilman Calogera: I think the resolution is the second step and I would like to start from the beginning and discuss a re-development agency, I think we need to know who will have the authority to exceed the 1,000 homes and put more residential homes in the flex areas. This is a 30 to 40 million dollar piece of property that we own and people need to realize that. There are a lot a questions on the redevelopment agency? Are they going to employ people? Will they have bonding capability? Will they have tax abatement authority.

President Baker: There is nothing that will prevent you from asking these questions when we separate the resolution.

Councilman Calogera: I still believe that the resolution is the second step of the process.

Liquor License

Place to Place Transfer – Old New York, Inc. 1209-33-005-010 (expansion of premises)

Clerk Saracino: I am requesting that you remove this until we have all the approvals in place.

President Baker: Are we just missing the police report?

Clerk Saracino: No, the police and fire reports.

President Baker: Can we pass this contingent on their approval?

Clerk Saracino: No.

Mayor Phillips: Doesn't this also need zoning approval?

Mr. Vincenti: I believe that the consensus was that it didn't matter which body acted first. The planning board is considering a site plan waiver.

President Baker: I understand that they are just planning on putting picnic tables in the back, Friday's have them, others have them and by the time this goes through the political red tape in Old Bridge his business will be shut down. The police chief is here tonight, I will ask him if his will be a favorable report.

Chief Collow: I have not seen anything on this and am not prepared to respond tonight.

President Baker: Can we proceed with this pending the approvals?

Clerk Saracino: I would prefer that you hold this until next week when we have all the reports.

Consent Agenda

President Baker opened the public portion on the Consent Agenda

Ms. Seiler: How can this council submit something for approval to the finance board that states it has been approved by the council, when it hasn't. (Re-development Agency Resolution 296-04). There is no ordinance that exists.

Attorney Convery: The state law is 40A:5A-4 – It states “Prior to the introduction of an ordinance for the adoption of a resolution to create an authority, the local governing body shall make application to the local finance board.” I take that to mean that we cannot take any action on the ordinance until it has been submitted.

Ms. Seiler: I understand that you cannot approve it on first or second reading. Why can't you have a workshop so that you can have some input so that the approval that you are requesting will be something that is endorsed.

President Baker: We will agree to disagree.

AUTHORIZING LAURENCE HARBOR MEMORIAL DAY PARADE MAY 31, 2004

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

RESOLUTION #279-04

WHEREAS, permission is hereby granted for the annual Memorial Day Parade on May 31, 2004; and

WHEREAS the parade will start at 9:30 a.m. at Memorial School continue on Ely Avenue to Laurence Parkway, onto Shoreland Circle and concluding at the First Aid Squad

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Annual Laurence Harbor Memorial Day Parade on May 31, 2004 is hereby granted.

Moved by Councilman Butler, seconded by President Baker 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 AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH JEFFREY B. LEHRER, ESQ. FOR LEGAL REPRESENTATION OF THE PLANNING BOARD

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

RESOLUTION #280-04

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of legal assistance in connection with the representation of the Township of Old Bridge Planning Board in regard to the matter known as Township of Manalapan vs. Township of Old Bridge Planning Board and Raceway Park litigation; and

WHEREAS, Jeffrey B. Lehrer, Esq. a licensed New Jersey Attorney for the law firm of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., is recognized as capable and available to undertake such work; and

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

1. The contract for professional services is authorized to be entered into with Jeffrey B. Lehrer, Esq. to provide legal services at a rate of $125.00 per hour and expenses, not to exceed the sum of $8,000.00 without further authorization of the board.

2. The scope of the work to be performed by Jeffrey B. Lehrer, Esq. shall be representation of the Planning Board in the matter known as Township of Manalapan vs. Township of Old Bridge Planning Board and Raceway Park Litigation.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds #1225 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year.

BUDGET YEAR FY2004/2005
CERT. NO. #1225
AMOUNT $8,000.00

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

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

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 the Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

Moved by Councilman Butler, seconded by President Baker 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.

APPROVING CHANGE ORDER NO. 1 FOR QUALITY ELECTRIC CONSTRUCTION, INC.

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

RESOLUTION #281-04

WHEREAS, the Township Council of the Township of Old Bridge previously authorized a contract with Quality Electric Construction, Inc, for lighting repairs to the Ernston Road Commuter Parking facility; and

WHEREAS, Quality Electric Construction Inc., has requested Change Order No. 1 to increase the amount of the contract for modifications.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Change Order No. 1 for Quality Electric Construction, Inc, is hereby authorized as set forth on the attached Change Order.

BE IT FURTHER RESOLVED that the modified cost of services after this change order is as follows:

ORIGINAL CONTRACT $7,346.00
CHANGE ORDER NO. 1 440.00
NEW TOTAL AUTHORIZED $7,790.00
TOTAL AMOUNT OF CHANGE ORDER 440.00

BE IT FURTHER RESOLVED that the award of this contract increase is contingent upon the issuance of a Certification of Availability of Funds #1226 certifying the existence of a sufficient appropriation to fund the said contract increase.

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.

Moved by Councilman Butler, seconded by President Baker 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 ACCEPTING THE RESIGNATION OF HOUSING AUTHORITY MEMBER

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

RESOLUTION #282-04

WHEREAS, Lawrence Redmond has served as a member of the Township of Old Bridge Housing Authority; and

WHEREAS, Lawrence Redmond wishes to resign as a member of the Township of Old Bridge Housing Authority.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the resignation of Lawrence Redmond as a member of the Old Bridge Housing Authority is hereby accepted.

Moved by Councilman Butler, seconded by President Baker 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.

ACKNOWLEDGMENT of 35th ANNUAL MUNICIPAL CLERK'S WEEK

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

RESOLUTION #283-04

WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and

WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and

WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and

WHEREAS, Municipal Clerk have pledged to be ever mindful of their neutrality and impartially, rendering equal service to all.

WHEREAS, the Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations.

WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the week of May 2, 2004 through May 8, 2004, is hereby designated as Municipal Clerk's Week and further extend appreciation to our Municipal Clerk, Rose-Marie Saracino, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

Moved by Councilman Butler, seconded by President Baker 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.

ACCEPTANCE OF MIDDLESEX COUNTY GRANT SHTP-2405 RESIDENTIAL MAINTENANCE HOUSING.

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

RESOLUTION #284-04

As required by the Middlesex County Office on Aging (M.C.O on A.) this resolution by Township Council of the Township of Old Bridge indicates acceptance by the Governing Body of its obligations under the Grant for renewal of the SHTP-2405, appropriation Code 12-602, funding source SHTP.

1. The contract period shall be January 1, 2004 – December 31, 2004

2 The M.C.O. on A Contract ceiling will be $8,025.00 of which $7,000.00 are Federal Funds, $1,000.00 will be provided by the donor in its SFY04 Budget and $25.00 is the anticipated projected income.

3. The authorized signatories shall be James T. Phillips, Mayor and Dr. Helen Rende, Director Office on Aging.

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

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

NAYS: None.

ABSENT: Councilman Maher.

AUTHORIZING AGREEMENT BETWEEN JCP&L, VERIZON, CABLE TELEVISION COMPANY AND THE OLD BRIDGE PUBLIC LIBRARY TO INSTALL BANNERS

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

RESOLUTION #285-04

WHEREAS, the Old Bridge Public Library wishes to enter into an agreement to temporarily attach certain banners to utility poles which are owned and occupied by JCP&L, Verizon and Cable Television Company to promote the Summer Reading Program; and

WHEREAS, the aforementioned entity has made application to JCP&L to temporarily attach certain banners to the following utility poles

Pole JC 1685 to Pole BT 3786 Rt. 516 & Cottrell Road
Pole JC 1827 to Pole JC 214 Englishtown Rd., & Summit Ave.
Pole 40309 to Pole BT 1667 Laurence Pkwy. & Orchard Ave.

for a period beginning on June 23, 2004 and ending on July 23, 2004 and shall be remove promptly at the end of the specified period.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Old Bridge Public Library is authorized to temporarily hang banners promoting the Summer Reading Program at the above referenced locations from June 23, 2004 to July 23, 2004.

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

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

NAYS: None.

ABSENT: Councilman Maher.

AUTHORIZING AGREEMENT BETWEEN GPU AND RARITAN BAY MEDICAL CENTER TO INSTALL A BANNER ON POLES BT3786MAD AND NC1685MAD

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

RESOLUTION #286-04

WHEREAS, Raritan Bay Medical Center wishes to enter into an agreement to temporarily attach certain banners to utility poles which are owned and occupied by Jersey Central Power and Light, namely poles BT3786MAD; and JC1685MAD; and

WHEREAS, the banner will celebrate the 25th Anniversary of Raritan Bay Medical Center, Old Bridge Division and promote Family Day being held on Saturday, June 12, 2004; and

WHEREAS, these poles have been pre-approved by Jersey Central Power & Light for Raritan Bay Medical Center to temporarily attach certain banners to utility poles for a period beginning on Wednesday, May 12, 2004 and ending on Monday, June 14, 2004 and shall be removed promptly at the end of the specified period.

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that Raritan Bay Medical Center is authorized to temporarily hang banners promoting the 25th Anniversary of Raritan bay Medical Center, Old Bridge Division and Family Day to be held on Saturday, June 12, 2004.

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

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

NAYS: None.

ABSENT: Councilman Maher.

AWARDING CONTRACT TO ARBE LANDSCAPING, INC. FOR IMPROVEMENTS TO MILLER AVENUE

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

RESOLUTION #287-04

WHEREAS, the Township of Old Bridge is in need of drainage improvements and repairs on Miller Avenue; and

WHEREAS, the Township Engineer has received three bids and recommends that the contract be awarded to Arbe Landscaping, Inc. in the amount of $9,500.00

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. Arbe Landscaping Inc., located at 104 Texas Road, Old Bridge NJ 08857 is hereby awarded a contract for drainage improvements on Miller Avenue in the amount of $9,500.00.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1227 certifying the existence of a sufficient appropriation to fund 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 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 the Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

AUTHORIZING PROFESSIONAL SERVICES CONTRACT TO ENVIRONMENTAL RESOLUTIONS, INC.

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

RESOLUTION #288-04

WHEREAS, the Township of Old Bridge Engineering Department requires consulting services in regard to the Brunetti litigation, The Oaks at Glenwood, Block 6303, Lot3.11 & 7, Block 7000, Lots1.11 &3.11; and

WHEREAS, the Township Engineer recommends Environmental Resolutions Inc., 525 Fellowship Road, Suite 300, Mt. Laurel, NJ 08054 be appointed as consultants for this litigation; and

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

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby awards this contract subject to the following conditions:

1. A contract for professional services is authorized to be entered into with Environmental Resolutions, Inc. located at 525 Fellowship Road, Suite 300, Mt. Laurel, NJ 08054 in an amount not to exceed $5,000.00 for consulting services in regard to the Brunetti litigation.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1229 certifying the existence of a sufficient appropriation to fund 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 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 the Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

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

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

NAYS: None.

ABSENT: Councilman Maher.

AWARDING CONTRACT TO MASER CONSULTING CO. FOR THE REPAIR PROJECT FOR THE MUNICIPAL TENNIS COURT

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

RESOLUTION #289-04

WHEREAS, the Township of Old Bridge advertised and received proposals for a contract for the repair and resurfacing of the municipal tennis court; and

WHEREAS, four proposals were received; and

WHEREAS, the Township Council wishes to award the contract for the repair/resurfacing of the municipal tennis court to the lowest responsible proponent; and

WHEREAS, the Township Engineer has recommended that the contract be awarded to Maser Consulting Co., 30 Freneau Avenue, Route 79, Matawan, NJ 07747, as they submitted the lowest responsible proposal.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby awards this contract subject to the following conditions:

1. Maser Consulting Co., is hereby awarded the contract in the amount of $12,000.00 for the repair/resurfacing of the municipal of the tennis courts.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1228 certifying the existence of a sufficient appropriation to fund 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 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 the Affirmative Action Form AA302 or AA201, or otherwise complying with affirmative action employee information reporting.

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

BE IT FURTHER RESOLVED that the funds for this project be charged to Bond Ordinance #30-2002-9000-300216-4-85502

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

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

NAYS: None.

ABSENT: Councilman Maher.

AUTHORIZING LAKERIDGE MEMORIAL DAY PARADE – MAY 29, 2004

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

RESOLUTION #290-04

WHEREAS, the residents of the Lakeridge Community request permission to hold a Memorial Day Parade and Pool Opening on May 29, 2004 at 11:00 a.m.(Rain date May 30, 2004); and

WHEREAS, the parade will start at 11:00 a.m. on Brentwood and Appletree, cross Route 516 and continue on Lakeridge Drive to the Pool Club.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey hereby grants permission for the Lakeridge Community Memorial Day Parade on May 29, 2004

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

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

NAYS: None.

ABSTAIN: Councilman Gillespie.

ABSENT: Councilman Maher.

AUTHORIZING LAKERIDGE COMMUNITY TO HOLD 5K FUND RAISING WALK/RUN ON MAY 31, 2004.

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

RESOLUTION #291-04

WHEREAS, Lakeridge Community wishes to conduct the 5K Fund Raising Walk/Run, and

WHEREAS Lakeridge Community wishes to have run take place on May 31, 2004, Kid Race at 9:30 a.m. at the pool, and the 5K Race at 10:00 a.m.; and

WHEREAS, the route for the run is on file with the Township Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Lakeridge Community Fund Raising Walk/Run to take place on May 31, 2004 is hereby granted.

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

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

NAYS: None.

ABSTAIN: Councilman Gillespie.

ABSENT: Councilman Maher.

GRANTING PERMISSION TO THE OLD BRIDGE ELKS LODGE NO. 2220 TO HOLD A MASS ASSEMBLY PICNIC FOR ELKS CAMP MOORE

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

RESOLUTION #292-04 - TABLED

WHEREAS, a requests has been made the Old Bridge Elks Lodge No. 2229 to hold a mass assembly picnic for the Elks Camp Moore, a residential camp for children with special needs; and

WHEREAS, the Old Bridge Elks Lodge No. 2229 wishes to hold its picnic on Sunday, July 25, 2004 from 10:00 a.m. to 6:00 p.m.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to the Old Bridge Elks Lodge No. 2229 to hold its mass assembly picnic on Sunday, July 25, 2004 subject to the conditions set forth in the letter of April 23, 2003 from the Township Clerk, copy of which is available for inspection at the Clerk's Office during normal business hours.

Moved to tabled by Councilman Calogera, seconded by President Baker and so tabled on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilmen Greene, Testino.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place.

Councilman Calogera: I understand that the insurance has not been provided so I would like to table this.

Motion

to table until May 24, 2004, Authorizing Old Bridge Elks Mass Assemble Permit by Councilman Calogera, seconded by Councilman Butler and so DENIED on the following roll call vote:

AYES: Councilmen Butler, Calogera, Councilwoman Panos.

NAYS: Councilmen Gillespie, Volkert, President Baker.

ABSTAIN: Councilmen Greene, Testino.

ABSENT: Councilman Maher.

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

Attorney Convery: The motion fails on a tie vote.

Councilman Greene: The clerk sent a letter to them stating that this would not even be on the agenda until all the paperwork was submitted.

President Baker: Rose-Marie, would you prefer that we hold off on this?

Clerk Saracino: We prefer to have all the paperwork so that we are not forced to keep on top of them.

President Baker: I would like to change my vote.

Motion

to reconsider the Authorization of the Old Bridge Elk's Mass Assembly Permit by Councilman Calogera, seconded by Councilman Butler on the following roll call vote:

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

NAYS: Councilmen Gillespie, Testino, Volkert.

ABSENT: Councilman Maher.

AUTHORIZING OLD BRIDGE TOWNSHIP RACEWAY PARK TO HOLD FIREWORKS DISPLAY

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

RESOLUTION #293-04

WHEREAS, a request has been made by Old Bridge Township Raceway Park to hold a fireworks display on the following dates:

Saturday June 5, 2004 Friday June 18, 2004
Saturday July 3, 2004 Wednesday July 7, 2004
Wednesday August 4, 2004 Saturday September 18, 2004

WHEREAS, the type of fireworks being used are 1.3G & 1.4G Pyrotechnics.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission for the fireworks display at Old Bridge Township Raceway Park is hereby approved, subject to all fire safety conditions being met and the proper permits being obtained from the fire official Moved by Councilman Butler, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place.

Councilman Calogera: What is the limits of the insurance that we require?

Clerk Saracino: I believe it is $10,000,000.00 but I will check for you.

Councilman Calogera: I would like this to be contingent on receiving the insurance.

AUTHORIZING ACCEPTANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN FOR 2004

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

RESOLUTION #294-04

WHEREAS, the Township of Old Bridge is required to prepare a CDBG Annual Action Plan, and conduct a public hearing; and

WHEREAS, public hearings were held on April 26, 2004 and May 10, 2004 to discuss the Community Development Block Grant (CDBG) Annual Action Plan; and

WHEREAS, the Township Council would like to accept the CDBG Annual Action Plan as presented at the April 26, 2004 and May 10, 2004 public hearings.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the township of Old Bridge, County of Middlesex, State of New Jersey that 1) the Community Development Block hearings of April 26, 2004 and May 10, 2004 are hereby memorialized; 2) the Township shall submit the 2004 application for funding under the Community Development Act of 1974 as amended through 1985 in the amount of $397,000. plus $30,000.00 program income on behalf of the Township of Old Bridge and it residents for participation in Federal funding; and 3) the Mayor of the Township of Old Bridge shall be and is hereby authorized to execute said application on behalf of the Township of Old Bridge and the Clerk shall be and is hereby directed to attest said application and affix thereto the Corporate Seal of the Township of Old Bridge.

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

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

NAYS: None.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place.

Attorney Convery: It is my understanding that John Vincenti as the department head has additional information that needs to be on the record, after which point you will open it up to the public, prior to taken any formal action.

Mr. Vincenti: On the first line item (The Food Bank) we added $3,000.00 – that went up from $2,000,00 to $5,000.00. In your packet you have a revised schedule. On the line item for public utility improvements, we decreased it from $185,000.00 to $182,000.00. Originally the $185,000.00 was for one project and we have not re-allocated it for three projects as follows: $85,000.00 for the ward three project, $45,000.00 for improvements to the Madison Park athletic facilities and $52,000.00 for drainage improvements at Cliffwood Way and Bayshore Avenue in Laurence Harbor. These are all in qualifying areas.

Councilman Butler: At the last meeting it was mentioned that you would take money from the Housing Authority and I want to make sure that did not happen.

Mr. Vincenti: There was a suggestion by Councilman Gillespie to take $3,000.00 from the line item marked Housing Counseling Services – we opted not to do that.

Councilman Greene: I support what you just said, and I think that it is a good idea to add money to the food bank and possibly the administration could take a look at the usage as compared to what is available to the residents. It is possible that we could add money during the normal township budget process.

Councilman Gillespie: I originally said that I wanted to shift the money from the housing authority but I understand that the contract between the housing authority and the housing coalition…it is not possible. I withdraw my earlier request.

Councilwoman Panos: Is the money for the Madison Park little league?

Mr. Vincenti: We left it broad, so that we could use it for other programs at that facility

Councilwoman Panos: How much money is in the Ward 3 recreation center fund?

Mr. Shah: I think it is $600,000.00.

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

RESOLUTION FOR ACCEPTANCE OF MIDDLESEX COUNTY GRANT 0AA-2410 INFORMATION & ASSISTANCE.

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

RESOLUTION #295-04

As required by the Middlesex County Office on Aging (M.C.O on A.) this resolution by Township Council of the Township of Old Bridge indicates acceptance by the Governing Body of its obligations under the Grant OAA-2410, Information & Assistance for renewal of the appropriation Code 12-610, funding source OAA, Title IIIB.

1. The contract period shall be January 1,2 004 – December 31, 2004

2 The M.C.O. on A. Contract ceiling will be $9,885.00 of which $8,000.00 are Federal Funds, $1,875.00 will be provided by the donor in its SFY04 Budged And $10.00 is the anticipated projected income.

3. The authorized signatories shall be James T. Phillips, Mayor and R. Helen Rende, Director Office on Aging.

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

AYES: Councilman Butler, Calogera, Gillespie, Greene, Volkert, President Baker.

NAYS: Councilwoman Panos.

ABSTAIN: Councilmen Testino.

ABSENT: Councilman Maher.

AUTHORIZING THE SUBMISSION OF THE PROPOSED REDEVELOPMENT AGENCY ORDINANCE TO THE LOCAL FINANCE BOARD FOR APPROVAL

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

RESOLUTION #296-04

WHEREAS, the Legislature enacted the Local Redevelopment and Housing Law, NJSA 40A:12A-1 et seq., to aid municipalities in housing and redevelopment activities; and

WHEREAS, The Township Council had authorized the Planning Board to undertake a preliminary investigation to determine whether certain proposed delineated areas of the Township are redevelopment areas pursuant to the criteria of NJSA 40A:12A-5 and 40A:12A-6: and

WHEREAS, the Planning Board has conducted an investigation and hearing on the matter and has recommended that certain delineated areas be designated as redevelopment areas; and

WHEREAS, the Township Council has concluded that within the delineated areas are areas for redevelopment; and

WHEREAS, the Township Council would like to create a redevelopment agency by ordinance to carry out their redevelopment plan; and

WHEREAS, prior to the introduction of an ordinance to create a redevelopment agency, the Township of Old Bridge must make application to the Local Finance Board for its approval pursuant to NJSA 40A:5A-4.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex and State of New Jersey that an application shall be prepared forthwith seeking the approval of the Local Finance Board to create a redevelopment agency for the Township of Old Bridge; and

BE IT FURTHER RESOLVED, that the application to the Local Finance Board shall contain the following items, as required by NJSA 40A:5A-4:

1. A copy of the proposed ordinance creating the redevelopment agency;

2. A statement in brief and general terms, of the project or projects to be undertaken, the estimate cost of the project, the manner of the project financing and the area to be served by the project;

3. A proposed budget for the first year of the redevelopment agency operation, including a table of organization, personnel requirements, the level of staff required for supervision of the operation of the agency and the proposed source or sources of the agency's funding; and

4. A statement, in the form prescribed by the Local Finance Board, indicating that the municipality has considered alternative means of undertaking and financing the proposed projects or projects and have determined that the creation of an agency is the most efficient and feasible means of providing and financing the project or projects; and

BE IT FURTHER RESOLVED, that said application shall be forwarded forthwith to the Local Finance Board for its review and approval pursuant to NJSA 40A:5A-5.

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

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

NAYS: Councilmen Calogera, Greene, Councilwoman Panos.

ABSENT: Councilman Maher.

Prior to the vote the following discussion took place.

Councilman Calogera: How can we be voting on a re-development agency when we haven't even had a workshop. How do we know so much about a re-development agency? There are questions that I have on creating a re-development agency; is this going to be an entity, what will the salaries and jobs, who appoints them, is the township responsible for benefits, where are they getting money from, does the agency have control over the property (where the council will not anymore)? Are we going to be adding more than 1,000 homes because of the flex areas? What is the agency's bonding capability? Who is responsible to pay off the bonds? One of my main concerns is that we never went out to try and market this property commercially. Why not? We have not done land appraisal on this property; I would like to see a formal appraisal. It seems like you just want to go ahead and vote on this without answering any questions. I think it's irresponsible, at least make it look good, have a workshop in front of the public, so these questions can be answered.

President Baker: I think that comments like “lets make it look good” are not helpful. I think that the town is moving in the right direction. We are mirroring the towns around us by forming this organization.

Councilman Gillespie: Some of Mr. Calogera comments relate to the plan as opposed to the creation of the agency. What is before the council tonight is a resolution to authorize the Mayor and Business Administrator to submit a package to the Local Finance Board for the creation of a redevelopment agency. We will still have to have a first and second reading of the actual ordinance where I am sure there will be more discussion. The plan was before the planning board at their last meeting, the planning board did not take any formal action other then to authorize their professionals to prepare a report on the redevelopment plan to be considered at the next meeting, so there are a number of steps involved in this process. Also, there was a workshop at our last meeting, where there were a number of questions asked. I don't want to talk about the price of the land in public because I don't think that it does us any good when we are actually going to put this property up for sale. I will submit to you, that value of the land you are quoting is because of the Crossroads plan. That is the plan that is going to create interest in the development community to want to come in here and purchase and develop the property which will give us a clean ratable that we can bank on for many years to come. The EDC did not conduct this process in a complete vacuum, our meetings are open to the public and questions were asked. We considered this plan over months at our public meetings. So to suggest that this plan was crafted in the dark of night, far from the public view is unfair and inaccurate. The reason that the EDC was charged with this is not because the members are people from government, they are people from the private sector and are the business and civic leaders of this community. People always complain that government doesn't know how to function like a business, well the members of the EDC know how to function as a business, this plan reflects that, it also reflects the public process where we solicited every commercial, industrial and office park. Every single major developer in this state was solicited by the EDC as part of developing this plan. We have to view this as the prime developer; we have to get a return for the taxpayers. There are two reasons that we should act tonight: 1.)Market timing is important and we have to get this plan out before the real estate bubble pops because we will lose value on the land for the taxpayers. 2.)We have to get this before the local finance board because they only meet once a month, items for their agenda are due one month in advance and I do not know what their summer schedule is. This authority is not going to be power to whatever they want and I object to that suggestion, this authority will have the power that we give them. We will vote on a plan that they must follow, which will be the township ordinance. The idea that we are going to create some rouge elephant that will be roaming around town hall doing whatever they want is unfair and unfortunate. One of the things that the Local Finance Board will look at with this agency is that it has to be self liquidating and self sufficient and has to be able to finance themselves. The idea that just because we create it they will have the ability to hire people and do whatever they want is inaccurate, they have to have funding from someplace. We are going to be discussing at the next EDC meeting, possibly using the resources that the EDC has set aside for this project to help the redevelopment agency fund some of their soft costs. So we will not be going to the taxpayers to have financing for the agency. In no way is the council abdicating our responsibilities, I have mentioned all the steps that the council has to take in this. Moreover, the bulk of this redevelopment area is the Crossroads, and if we use the golf course and the YMCA also as part of the redevelopment agency, that is all township land and the township will decide the disposition of that land. Our plan calls for a maximum of 1,000 homes and that will be in our ordinance, the redevelopment agency will not have the authority to change that requirement. I am not going to negotiate land values on this, we want uncertainty in this process, we don't want a number put out there, we want competition. I think that to get a land appraisal now is counter-productive. We've had this land for seven years, the past policy has always been that we wanted commercial or industrial, that didn't happened. I think that we owe it to the taxpayers to try a new way. I think that the EDC did an admirable job and this redevelopment agency is the best way for us to implement this plan.

Councilman Greene: My concern is with the plan that this agency would oversee. The plan was presented a few weeks ago and it was to take township owned property and construct private homes on 2/3 to 3/4 of the property. As long as we have owned this property it was always ear-marked for commercial ratables. A couple of weeks ago I supported given planned retirement community designation to four parcels of land in town, this land was privately owned and those areas amount to about 850 units, and now we are being asked to approve 1,000 more homes on township owned land. The people that are in favor of this say that this is a great tax ratable because it brings in seniors and supports the school taxes without the children. My focus is not putting the burden on seniors to pay for education but put it where it belongs, which is the State. The State is the one that should have the responsibility to come up with alternative revenue sources to cut down on the burden that rest on all residents. I don't think that this housing plan is for residents who have raised their children in Old Bridge and want to stay in Old Bridge because the bare minimum for the house would be $300,000.00 and then $7,500 a year in taxes. We passed a resolution on those four other parcels that I spoke about that require them to have a clubhouse and pool which will add another $200 to $300 on the seniors. I think it is wrong to put this burden on the seniors. We are told that one of the positives of this plan is that we stay away from the situation that happened to us on exit 120 in Laurence Harbor; that tenant went bankrupt in the dot com problem and now we are sitting with a empty building. Ask the residents of Bridgepointe how they fared when the economy turned and the builder went bankrupt or the resident of Oakwoode who were left with mounds of dirt and disgraceful roads. I cannot support this because it is township property and I will not give it away to residential developers. Mr. Gillespie is correct, this has been on-going on for some time at EDC meetings and I attended some of them and it was clear to me that the fix was in. In the ordinance it states that agency will employ a Director, Secretary, Technical Experts and such other officers, agents and employees permanent and temporary as may be required and determined by law and shall determine their qualification, duties and compensation. This is clearly is an agency that is going to be established to take care of political contributors.

President Baker: For those newspaper reporters that are here, I want to make sure you get my feelings right. I support the creation of the Redevelopment agency and look forward to their plan. We are spending a lot of time discussing the plan, and that is not what we are here for.

Councilman Testino: It is easy to be a naysayer at the time of redevelopment, if you don't want it done, just paint it with a broad brush and say how ugly it would be. We are talking about everything from Mr. Greene's campaign stomp to political contributions to mixing the redevelopment plan with the redevelopment agency. As simple as this could be is as complicated as it can be for those who want to make it that way. I see many good things coming from this statute as it is intended. If we look at the YMCA and the commitment that we made to the Red Bank YMCA, we should give them a fair shot at negotiating a deal, if we put this out to a pure bid, I don't think that we would have had them as our partners. Let's turn to the golf course, member of my committee would like to see that get off the ground any way it could. If the assignees don't have the ability to give breath to that golf committee, please allow me to resign. I see some fresh ideas coming from this administration and I want to give them an opportunity to go forth. I agree with Councilman Gillespie that we are not abdicating any of our responsibility with regards to the land. We can ask the attorney. If and when we ever decide to sell any land, there are appropriate steps that are required under state statues. Mr. Gillespie is right that it is way too premature to be asking for these documents now. Let's explore the scope of the tools that we can use to bring money into the coffers of the town. I think everyone would agree that those 500 acres were never intended to stay open space, those 500 acres were specifically set aside to bring money back to Old Bridge. I sat on the EDC for two terms now and I grant you this, if we don't get this property up and moving, I will be resigning from that too. There is such a dead lock in government and the potential to stymie any plan whatsoever. I hope that the majority of the council has the courage to at least the explore the thoughts and efforts of the EDC, I will tell you, it was the business and regular people on the EDC and Dave Roberts the planner; who had his ear to the ground and knows what the market will carry and what the property can carry. You have to develop a piece of property with a uniqueness in mind, and I dare say that many of you have not walked that property and know what the topography is. I challenge you to do that. I challenge you sit down with Mr. Roberts and explore his ideas, I am sure he will be available. We have the counsel of Ann Babineau and I challenge you find someone better in the state for redevelopment. She will point the township in the right direction if you truly mean to allow the township to withdraw the money invested in this property and these properties which were truly intended to be put back into the ratable base. Vote this up or vote it down, don't just be a naysayer.

Councilwoman Panos: Councilman Testino said if you don't want it done, paint it with a broad brush, well if you want to push it through, paint it with a roller because we are being rolled over here. When we submit this to the Local Finance Board do we have submit items 1 thru 4?

Attorney Convery: The items come right from the statute. The primary item is the ordinance, which would have to be approved. Incidental to that the Mayor and Business Administrator would prepare other brief statements of the general terms of the projects that would be involved, estimated costs and other such information. The township itself would be responsible for the funding of the agency and therefore for design a proposed budget for the first year.

Councilwoman Panos: When we approve this tonight, we are required to submit a copy of the proposed ordinance; A statement in brief and general terms, of the project or projects to be undertaken, the estimate cost of the project, the manner of the project financing and the area to be served by the project. Will that be submitted?

Attorney Convery: A packet will be prepared.

Councilwoman Panos: The third requirement is; A proposed budget for the first year of the redevelopment agency operation, including a table of organization, personnel requirements, the level of staff required for supervision of the operation of the agency and the proposed source or sources of the agency's funding. This will also be submitted?

Attorney Convery: All four items will be submitted.

Councilwoman Panos: Also, a statement, in the form prescribed by the Local Finance Board, indicating that the municipality has considered alternative means of undertaking and financing the proposed projects or projects and have determined that the creation of an agency is the most efficient and feasible means of providing and financing the project or projects. Will this also be submitted?

Attorney Convery: Yes.

Councilwoman Panos: Why are we voting on this resolution tonight to submit these things that we don't even have.

Attorney Convery: You are starting the process to get the materials together to submit to the Local Finance Board.

Councilwoman Panos: If we approve this, we are approving all these items. How can we approve this when we don't even have these items?

Attorney Convery: This is a resolution authorizing the submission of the proposed packet to the Local Finance Board to review the application so that you can have an agency.

Councilwoman Panos: I have asked the question three times and have not received an answer.

President Baker: The question has been asked and answered.

Councilwoman Panos: Is the answer yes that we are voting on...

President Baker: Yes and very soon we will be calling for a vote on this because I think that we have had enough debate on this.

Councilwoman Panos: We don't have the financial papers on this, yet we see in the papers figures thrown out by the Mayor. How can we have any figures with any papers? How do we know how much taxes its going to generate if we don't know exactly what is going on? Isn't it also a fact that there were no workshops? This is a big undertaking and no public input, I heard that the EDC has public meetings; how many residents really know that? At the planning meeting last week, the public couldn't comment. Tonight there is no television. Something of this importance should be put in front of the public in the broadest of terms, so that everyone can have a say on this. People up here have said that they have been on the EDC for a number of years and this is the best that they can come up with, shame on them. Finally, I expect that this council give the residents a workshop on this and if you don't and this get ram-rodded down the public's throat, I promise there will be referendum on this. How dare you expect us to vote on something that we haven't even seen ourselves, and then put the façade on that the public has had plenty of opportunity – I find that insulting.

Councilman Gillespie: Mr. Shah, when we prepare an application for the Local Finance Board; any application – is the resolution before the council keeping with that procedure? How many bond ordinances has this council sent to the Local Finance Board under this exact same procedure?

Mr. Shah: Generally we ask the council to authorize us to go to the Local Finance Board – usually our auditor and bond counsel prepare these.

Councilman Gillespie: This is the same process as the bond ordinance.

Councilwoman Panos: No it isn't.

Councilman Gillespie: If you look at the zoning map and the ordinances of this township, it is not for commercial development, it is a R120 zone. I have to object to the notion that somehow the fix was in – this was a unanimous vote of the EDC, if you trust the judgment of the people that you place on these boards – these are business people in this town. To say that the fix was in with these people is beyond the pale. If anyone wants to walk the property, bring your hip waders because that is what you'll need. We built the building on exit 120 for a specific tenant and they didn't come, so for people to suggest that the market is there for us to build commercial on the entire property, defies logic.

APPOINTMENT PARKING & TRANSPORTATION – TERM EXPIRES 12/31/04

President Baker: We will hold this until the next meeting.

APPOINTMENT TO THE HOUSING AUTHORITY WITH A TERM EXPIRING 5/31/09

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

RESOLUTION #297-04

WHEREAS, Mary Ann Gurliaccio be appointed to the Housing Authority with a term expiring May 31, 2009.

Moved by Councilman Volkert, second by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilman Maher.

APPOINTMENT TO THE HOUSING AUTHORITY WITH A TERM EXPIRING 5/31/05

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

RESOLUTION #298-04

WHEREAS, Lance Hilfman be appointed to fill the unexpired term on the Housing Authority with a term expiring May 31, 2005.

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

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

NAYS: None.

ABSENT: Councilman Maher.

Public Comments

Mr. Reginald Springer: I would like to thank the mayor, council and police chief for attending the meeting of the homeowners at Spring Knolls.

Mr. Harry Watkins: I live at 39 Ellen Circle and I had work done under “Contract 03-16 Curb Replacement” I believe that the pavement used is illegal. There are rules that govern the grading in New Jersey and people have investigated this and believe that it does not meet Title 5-21. I have tried working with the engineering department and have not been successful. I believe that this is causing a dangerous situation on my property. I am here before the council to confirm that it is legal or if it is illegal, to take the necessary steps to have it corrected.

President Baker: Please leave your name and address with the Business Administrator and we will get back to you within thirty days.

Ms. Cannon: Mr. Gillespie said that they Redevelopment Agency was going to be self-sustaining and not supported by tax payer dollars. According to the resolution, there has to be a budget submitted and the township is financing this agency, at least or the first year. Who will determine how much money they have and the amount of staffing? Will that be done by Mr. Convery?

President Baker: We will get back to you on your two questions.

Ms. Cannon: Will that be a public document?

President Baker: We will get back to you in writing.