RESOLUTION NO. 321

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 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 June 27, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of June 27, 2005 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 $35,392.13 (Overtime)

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

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

NAYS: Councilmen Calogera, Maher, Councilwoman Panos

ABSENT: Councilman Greene

PRELIMINARY PUBLIC COMMENTS:

Anita Clavering thanked the Council for the proclamation acknowledging the 15th Anniversary of the ADA Legislation. She stated that they are anticipating the ground breaking for the Chuck Costello Disabled Housing Project. She urged all to attend the celebration of the ADA Legislation on June 26, 2005.

Seeing no further hands, President Baker closed the public portion.

PROCLAMATION

ADA Legislation 15th Anniversary

TOWNSHIP OF OLD BRIDGE OFFICE OF THE MAYOR

Proclamation

Whereas, the Americans with Disabilities Act of 1990 (AA) marked a milestone in our Nation's quest to guarantee the civil rights of all citizens. The ADA is a success story that has strengthened the foundation for an Old Bridge where we celebrate the talents and abilities of every person; and

Whereas, on the 15th anniversary of this landmark legislation, we recognize the important progress the ADA has brought about for our citizens. Today, individuals with disabilities are better able to develop meaningful skills, engage in productive work, and participate fully in society; and

Whereas, the millions of Americans with disabilities continue to face both physical barriers and false perceptions. Removing those obstacles requires a determined and focused commitment to the goals of the ADA: equality of opportunity, economic self-sufficiency, full participation, and independent living; and

Whereas, by striving to ensure that no citizen is denied access to employment, education, cultural activities or community life because of disability, we strengthen our community. Through these and other efforts, we will continue to build on the progress of the ADA and by doing so, hold fast to our communities faith in the promise and potential of every person.

Now, Therefore, I, James T. Phillips, Mayor of Old Bridge Township, Middlesex County, New Jersey, do hereby proclaim July 6, 2005 as a day in celebration of the 15th Anniversary of the Americans with Disabilities Act. I further call upon all residents to celebrate the contributions people with disabilities make to Old Bridge and to renew our commitment to upholding the fundamental principles of the American with Disabilities Act.

Mayor Phillips presented the Proclamation acknowledging the 15th Anniversary of ADA Legislation to Anita Clavering.

Councilman Butler congratulated Anita and her aunt Irene for all the work they do.

CERTIFICATES

Planning Board Members

Mayor Phillips presented commendations to the following members of the Planning Board:

Bob Volkert, James Collender, Michael Spina, Elaine Flynn, Owen Henry, Ernest Schmitz, Eugene Dunlop, Tom Talbot, Gerard Haran, Anita Greenberg, Larry Redmond

Larry Redmond thanked the Mayor and Council on behalf of the members for this recognition

PRESENTATION

Old Bridge Public Library – Roof Repairs

Margie Cyr outlined the present conditions of the roof at the Library. There have been repairs previously done to the roof as far back as 1998. These leaks are only getting worse with every rain storm. The Library Board hired the James Cummins Company, roof consultants, to evaluate the problems with the roof and the necessary repairs were made at that time. In 2001 there again was significant leakage. We have been advised that the roof should be completely replaced and that any repair will be a short term solution. We are trying to develop a time line for the project and would like to have it completed by 2007.

Joseph Nuzzo reiterated what Ms. Cyr stated and expressed his concern for damage that might occur to the building if the roof continues to leak.

Councilman Calogera acknowledged being made aware of this problem before and inquired as to how much has been spent “patching” this roof?

Margie Cyr did not have the figures, but would get them and forward to the Council.

Joseph Criscuolo stated he did not know the amount, but recently an emergency repair was done for approximately $2000.00.

President Baker requested that a report be generated for the Council.

Councilman Calogera asked what the current repairs costs are estimated to be.

Joseph Criscuolo stated that the estimate that we have from Renaissance Roof Coating Company to “lock-up” that building and hopefully get another 2 years would be $85,000.00. To replace the roof at this particular time is $2 and $2.5 million dollars.

Margie Cyr stated the cost for the new roof would depend on several factors including the design of the roof itself. We need to begin investigating these factors and getting professional advice.

Joseph Nuzzo stated that he felt these interim repairs would not be sufficient to forestall the potential future damage to the roof.

President Baker stated that there would be no decision on this matter this evening; it was just a fact finding mission.

Councilman Gillespie stated that before we committed to over $2 million dollars that we have a report or assessment of what really caused this problem and do we have a recourse either with the design of the roof, the materials used by the contractor, or the workmanship of the contract because this is relatively a new building.

President Baker requested that Michael Jacobs research this matter and furnish a report to the Council.

Councilman Butler stated that although there were problems with the actual construction of the library, it has turned out to be a very good facility for the taxpayers in Old Bridge. There were problems with the roof and the lighting originally and there was a problem with the original contractor whom we sued and there was some money retained in escrow and has this money been used or is it available.

Margie Cyr stated that a 10 year warranty was offered to the township and it was decided that a $130,000.00 settlement would be taken in lieu of the warranty. This money was held in escrow and some of it was spent in 2003 when the repairs were done; the bulk of the money remains in escrow, which is approximately $89,000.00.

Councilwoman Panos inquired if the estimated $85,000.00 figure for the repair was just to buy time.

Margie Cyr concurred and Ms. Cyr stated that every year they paid a consultant fee for an annual assessment of the roof at a cost of $600.00 per year.

Councilwoman Panos advised that there was a general roof contractor in the township who has offered to look at the roof without charge and suggested that the township take advantage of this offer.

President Baker advised that all the suggestions by the Council will be looked into.

Mayor Phillips stated that the contents of the building, books, are in danger if the roof continues to leak. Also, a new electrical system has been recently installed and this also could be in jeopardy. The Mayor suggested that since we have $89,000 and the roof leaks, we have two ways to go; $100,000 will insure $2 million dollars worth of bonding, we can use the $89,000 and put out a bond and do the entire job and we should be ready to begin in the work in about a year. Unfortunately, the roof is leaking now, so maybe we can have permission to use some of that $89,000 to make the temporary repairs and stop the current leaks. Mayor Phillips agreed that all aspects of the roof repair should be looked into, but the immediate problem must be taken care of before damage is done to the books and the new electrical system.

Attorney Convery stated that we can ask Mr. Shah whether or not that money is a dedicated fund for the library and that money can be used for any and all emergency repairs. If it truly is an emergency, the town can use the money and then come back to the Council to award the money so the contractor gets paid for the emergency repair. Also, we have a staff meeting on Wednesday and we could add this to the agenda for the Council to take official action regarding that fund.

Mayor Phillips suggested that we should move forward to take the necessary steps to make the roof stop leaking and then follow through with the other suggestions that have been made here this evening.

Motion

Motion to take the necessary steps to alleviate the roof leaks made by Councilman Testino, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None

ABSENT: Councilman Greene

Councilman Calogera stated that this evening we had members of the Planning Board in attendance to accept their Certificates and among them was Mr. Owen Henry who operates a commercial roofing business. Although he does not want to do our repairs, he has offered to look at the library roof and give us his comments.

Margie Cyr agreed to give Mr. Henry her card so that he can contact her and make arrangements to look at the library roof.

HEARING

H-1 Release/Reduction Performance Guarantee Investors Savings Bank (T&JK Associates)

Attorney Jonathan Heilbrunn stated that this was an application for a reduction in the performance guarantee. There is a performance bond by way of letter of credit in the amount of $109,917.00 and cash security of $12,213.00, these amounts by far exceed the reasonable cost of the remediation of the few remaining items found by CME to be deficient. This matter was discussed with Pinder Sumal and it was my understanding that he would obtain an appropriate reduction figure from CME.

Attorney Convery stated that the only information that the Council had was the CME Report dated May 28, 2005 which recommended the denial of the release of the performance bond. This Council would need a report reviewing the issue for the reduction of the bond. It would appear that this should be held till the next Council meeting and CME has an opportunity to prepare a report on the reduction and provide same to Council.

Attorney Heilbrunn requested that the public portion of this hearing be completed this meeting as we have received no notification from the public responding to the notices provided as required and was sure that CME, and his client could resolve the issue of the reduction amount.

Attorney Convery stated for the record there was an advertisement by Mr. Heilbrunn putting everyone on notice that a hearing on this matter would be held and confirmation was provided to the Clerk.

President Baker opened the matter to the public. Seeing no hands he closed the public portion.

Attorney Convery recommended that the public portion having taken place be carried to the next meeting so CME can prepare a report.

MOTION

Motion to carry to next meeting made by Councilman Testino, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None

ABSENT PODIUM: Councilwoman Panos

ABSENT: Councilman Greene

HEARINGS – LIQUOR LICENSES

H-1 Renewal of #1209-33-004-002 – Sideline Lounge, Inc. t/a Club 516 with conditions

RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-004-002, SIDELINE LOUNGE

RESOLUTION #322

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Plenary Retail Consumption License for the period 2005-2006; and

WHEREAS, they have complied with the rules and regulations governing the renewal of Alcoholic Beverage Consumption License and have paid the fee of Two Thousand Two Hundred Seventy Dollars and thirty cents ($2,270.30) and no objections have been received to the renewal of said license.

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge be and is hereby authorized to issue the applicant a renewal of their Plenary Retail Consumption License for the period 2005-2006 effective July 1, 2005 conditioned upon the following:

On Friday and Saturdays from 6:00 p.m. until closing, the licensee shall have someone on duty at the door to check I.D.

The parking lot shall be patrolled from 9:00 p.m. until closing to ensure that patrons are not gathering.

The licensee shall comply with the conditions as set forth by the fire official.

State License # Licensee
1209-33-004-002 Sideline Lounge
t/a Club 516
60 State Highway 516
Old Bridge, N.J. 08857

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

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

NAYS: None

ABSENT PODIUM: Councilwoman Panos

ABSENT: Councilman Greene

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

Attorney Convery advised that the attorney for this establishment has written a letter to the Clerk stating that there were no objections to the same conditions imposed last year being imposed for this year and they are not seeking to be heard.

President Baker opened this matter to the public. Seeing no hands President Baker closed the public portion.

H-2 Renewal of 1209-33-035-005 TMJ Corp. t/a After Dark with conditions

RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-035-005, TMJ CORP.

RESOLUTION #323

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Plenary Retail Consumption License for the period 2005-2006 and

WHEREAS, they have complied with the rules and regulations governing the renewal of Alcoholic Beverage Consumption License and have paid the fee of Two Thousand Two Hundred Seventy Dollars and thirty cents ($2,270.30) and no objections have been received to the renewal of said license.

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge be and is hereby authorized to issue the applicant a renewal of their Plenary Retail Consumption License for the period 2005-2006, effective July 1, 2005 conditioned upon the following:

On Friday and Saturdays from 6:00 p.m. until closing, the licensee shall have someone on duty at the door to check I.D.

The parking lot shall be patrolled from 9:00 p.m. until closing to ensure that patrons are not gathering.

State License # Licensee
1209-33-035-005 TMJ Corp.
t/a After Dark
1103 Route 35 & Greenwood Avenue
Laurence Harbor, N.J. 08879

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

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

NAYS: None.

ABSENT: Councilman Greene

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

Attorney Convery explained this was a similar situation to the previous renewal. The attorney for the Corporation has written a letter to the Clerk indicating that they do not wish to be heard and they agree to the existing conditions being imposed.

President Baker opened this matter to the public. Seeing no hands he closed the public portion.

Councilman Calogera inquired as to whether or not those conditions had increased the number of people at the door?

Attorney Convery responded that the letter sent to this establishment from the Clerk indicated that the conditions were as indicated in the resolution. There are no other conditions of which I am aware.

H-3 – Renewal of 1209-33-025-003 N.J. Wines & Spirits, Inc. t/a Breakfast Club 90 with conditions

RESOLUTION FOR THE RENEWAL OF BREAKFAST CLUB 80, LLC LIQUOR LICENSE NO. 1209-33-025-003 WITH CONDITIONS FOR THE YEAR 2005-2006

RESOLUTION NO. 324

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

WHEREAS, the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, has received an application for renewal of the Breakfast Club 80, LLC, Liquor License No. 1209-33-025-003; and

WHEREAS, due to various issues and events that caused concern among Council members as to whether this liquor license should be renewed for this Licensee, a hearing for renewal was scheduled; and

WHEREAS, a hearing occurred before the Township Council on June 27, 2005 with regard to the Breakfast Club 80, LLC license renewal; and

WHEREAS, the Township Council voted to renew the Breakfast Club 80, LLC liquor license subject to several conditions:

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the license of the Breakfast Club 80, LLC, License No. 1209-33-025-003 shall be renewed for the year 2005-2006 subject to the following conditions:

1. The occupancy limit of the Breakfast Club shall remain at 200 unless and until the Licensee obtains an appropriate zoning variance or planning approval and fire official approval for any increase in the occupancy number.

2. The inside configuration of the establishment shall be in accordance with the approved building permit plans, permit #20023402, as it relates to the floor layout and seating and table arrangement, as specifically shown on plans entitled “Breakfast Club-80, Rt. 516, Old Bridge, N.J. Tenant Fit Out” Sheet A-1 dated July 16, 2002, revised November 7, 2002 prepared by Frederick N. Fischer, AIA unless and until an alternate configuration obtains an appropriate zone variance or planning approval.

3. There shall be no valet parking at the facility until such time as the Licensee seeks approval for the same from the appropriate land use board.

4. The Licensee shall submit a security plan to the Chief of Police for his approval. Said plan shall include manpower levels, hours worked, in what capacity and where said security will be stationed on the premises and in the parking area. Furthermore, the licensee shall employ off duty police or special police for said security, who shall be chosen under the supervision of the Chief of Police, and shall be paid solely by the licensee.

BE IT FURTHER RESOLVED that the Township Clerk is hereby directed to forward a duly certified copy of this resolution to the appropriate authority at the Division of Alcoholic Beverage Control.

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

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

NAYS: Councilwoman Panos

ABSENT: Councilman Greene

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

President Baker opened the matter to the public.

Attorney Convery stated that he had spoken with the attorney for the Breakfast Club and there is an attorney as well as the applicant here this evening. The Township Clerk Rose-Marie Saracino sent a letter to the Breakfast Club indicating that there would be a hearing on this matter and that the current conditions imposed would remain in effect until the applicant obtained an appropriate zoning variance or planning approval as well as fire official approval for any increase in the occupancy number. The inside configuration was to remain as previously approved and no valet parking at the facility was to be provided until the licensee obtains approval from the appropriate land use board and the licensee shall provide a security plan to the Chief of Police for his approval and will include manpower levels, hours worked in what capacity and where said security shall be stationed on the premises and parking lot. These conditions are the same as imposed the last two licensing years and therefore it is recommended that these conditions again be imposed. The applicant does have a pending application before the zoning board for a hearing on July 7, 2005 regarding these planning issues. The applicant is seeking valet parking, off-premise parking at the neighboring Temple for 100 spaces. In the interim, I would recommend that all the conditions previously imposed be carried forth.

Attorney Tom Segreto appeared on behalf James Segreto, Esq. who usually represents this client. Mr. Segreto requested the following statement be read into the record: Since the time of last year's license renewal there have been extensive discussions between our office and the municipal attorney. Those discussions involved a global settlement of all litigation, which is pending between the parties. An application has been filed with the Board of Adjustment and is scheduled for a hearing on July 7, 2005. We have agreed to propose in our application to provide valet parking on the adjourning property of Congregation Beth Ohr and on our property. The off street parking at the Temple requires a variance. We have entered into a written agreement with the Temple. There are 67 existing parking spaces on our lot and we also have 149 valet spaces on our lot. The total number of spaces on our property and the Temple's property as well as the additional proposed parking spaces, subject to the approval of the Board of Adjustment will be 249 spaces consisting of 100 valet spaces on the temple lot, 67 existing and 82 additional valet spaces on our lot. We meet the number of off street parking requirements under Appendix F of the zoning ordinance. We have installed a sprinkler system and provided an acoustical entrance area and have otherwise cooperated with the requests of the representatives of Old Bridge. We ask that the governing body renew our license subject to the action of the Board of Adjustment at its scheduled July 7th hearing.

President Baker opened this matter to the public:

Thomas Weiler of Ridge Road stated that this establishment has diminished the quality of life in the area. They deal with noise issues, traffic problems, vandalism and garbage issues every weekend There is “permit” parking only in effect on Ridge and Robin Roads, but the Chief of Police stated at a previous meeting that he does not have the manpower to enforce the permit parking therefore it will continue to be up to the residents to police ourselves and notify the police of those illegally parked on our streets. It is a problem and will continue to be a problem unless the Council does something about this club. If the zoning board grants permission for the additional parking the problem will increase because if the police do not have the manpower for policing 200 occupants, how can they police when the number doubles?

Attorney Convery stated that the meeting before the zoning board is a separate issue and you certainly can attend that meeting and state your comments.

Lisa Segura, a resident of Robin Lane, stated that she was in agreement with Mr. Weiler and that this matter needs to be resolved.

Linda Seiler agreed with the speakers. Ms. Seiler felt that additional policing of the area should be done by either the police specials or other off-duty police officers who could handle this matter, and that the Breakfast Club should be responsible for the entire cost of this policing.

President Baker seeing no further hands closed the public portion.

Councilman Calogera felt that the terms and conditions placed on this applicant are not being adhered to.

Attorney Convery stated that there is an occupancy limit of 200 and in the past there was some violations, however within the past year there has not been a count taken by anyone. With regard to the valet parking, there are no reports that there is valet parking now and we have a restraint against them doing it now. The proposed valet parking would only be on their property or the property of the temple. A written agreement with the Temple has been prepared and will only go into effect if approval is granted by the zoning board.

Councilman Gillespie stated that this renewal was granted last year with litigation going on and this year is no different. Approval for this license was reluctantly granted last year and I believe that if we do not move forward this evening and reaffirm the position taken in the past that we could be in a position where we are undermining ourselves with regard to this litigation. It is felt that an approval of this application does not denote an approval of this establishment. If we do not approve this application, we could undermine our legal position and this applicant goes to the Alcoholic Beverage Control Commission and they could get reinstated.

Attorney Convery clarified the point regarding the security plan submitted to the Chief of Police, for approval. Said plans include manpower levels, hours worked in what capacity and where said security shall be stationed in the parking area. We could add that any security detail approved by the Chief of Police shall be paid for at the sole expense of the applicant and I would urge the applicant to speak with the Chief about employing either off duty police officers or “specials”, to make sure it is properly manned.

Councilwoman Panos stated that she had requested a copy of the restraining order against the Breakfast Club, but had not received it.

Attorney Convery responded that the township was in court with this applicant on a number of different levels. We are before the ABC for the last two licensing years concerning these conditions. We were before the Superior Court of New Jersey regarding an appeal from the zoning board from 2 years ago and that was withdrawn by the applicant after a conference with the judge. We are still before the Superior Court of New Jersey Law Division, where we have a restraint against them so they cannot allow more than 200 occupants or have valet parking. The only way that changes is if the zoning board grants some relief after a hearing and after the public has input to show that there should be some different standards.

Councilwoman Panos inquired as to when the last court hearing occurred.

Attorney Convery responded that it was in the fall, and was handled by the zoning board attorney. There was a conference and the attorney for the Breakfast Club withdrew his complaint and decided to go back to the zoning board for a full hearing.

Councilwoman Panos stated that this matter has been going on for years and this applicant continues to be non compliant.

Attorney Convery: I caution you that the township has to take action by June 30. If you deny this, within the next few days there will be an order to show cause before the director of the ABC, seeking to continue pending an administrative hearing.

Councilwoman Panos stated that the license should be denied and let them go to the ABC and the zoning board and then come back to the Council.

Attorney Convery stated that his recommendation as the attorney is to approve it with the conditions listed and adding the additional condition that the applicant be solely responsible for the payment of the security detail.

Councilwoman Panos inquired about an existing fine.

Attorney Convery stated there was a fine regarding the fire official and an agreement was reached whereby they would make two installment payments.

Attorney Segreto stated that there was one payment remaining in the amount of $1250.00.

Councilman Calogera inquired whether or not all fines had to be paid prior to renewal of the license.

Attorney Convery stated that this was a fine from the fire official and they reached a written agreement as to the payment and I am not aware of them being in default of that payment.

Councilman Calogera inquired whether or not we could extend the license for sixty days so that they can come back after the zoning board meeting.

Attorney Convery stated that he had discussed this with the Clerk and was told that action must be taken by the June 30. Again, my recommendation is that you continue the license with the conditions imposed and we will monitor the case when it goes to the zoning board on July 7. As the township attorney, I will not recommend to you that you deny the application because I do think that it compromises our position in other venues.

Councilman Calogera stated that he had a problem voting in the affirmative because there have been problems with their compliance to the conditions on the license.

Councilman Volkert inquired if the applicant was going to charge for the valet parking and was the applicant seeking to increase the occupancy of the establishment.

Attorney Segreto responded yes to both inquiries.

Attorney Convery stated that this was the first time that he was aware that they would be charging for valet parking. I am going to recommend that any approval of the valet parking specifically indicate that there be no charge for this service for the very reason brought up by the public. The whole idea of the additional spaces in the adjourning lot is to simply provide reasonable parking so the people do not have to park across the street.

Councilman Volkert inquired whether or not we had received a police report to see if there were any violations on the conditions presently imposed. Also Councilman Volkert felt that regular police officers should be hired for the security detail as they would have the power to enforce any violations occurring at the applicant's establishment and this should be made part of the conditions being imposed.

Councilman Calogera stated that a security plan is already been submitted to the Chief of Police and it is at his discretion as to what he wants implemented on the plan. I previously clarified this addition by saying that the applicant should be solely responsible for payment of the security detail. Mr. Volkert is specifying that the security detail shall consist of Old Bridge off-duty police officers or special police. If that is the way you want the condition to read, that is one thing; if you want to leave it at the discretion of the Chief of Police then you can do that as well.

Councilman Testino inquired of the attorney that if we failed to approve with some form of conditions, might not the director of the ABC approve with “no” conditions?

Attorney Convery stated that if the Council acts in a way that the director considers to be arbitrary, then there are no conditions in place and it would be solely up to the director.

Councilman Testino reiterated that if we fail to renew with conditions, this license could be renewed without any conditions that we have had in place over the last two years. Councilman Testino requested that Mr. Convery add the additional conditions as suggested by Councilman Volkert.

Attorney Convery stated that he felt that this additional condition was within reason in view of the complaints from the public and it is consistent with the ideas that we previously imposed.

Councilman Butler addressed the matter of the noise coming out of the Breakfast Club and decimal readings were taken and if these should not be a part of the conditions regarding the noise levels. No one should experience sleepless nights over entertainment going on in their neighborhood.

Attorney Convery stated that we can seek to have the tests done through the County and we do not have to make that a condition of this renewal.

President Baker stated that the applicant needs to find a way and the resources to come up with the funding for special police detail, if this happens everybody wins.

Motion

Motion to deny license made by Councilwoman Panos. NO SECOND

Attorney Convery advised the applicant that the license was renewed reluctantly and that it was subject to change per zoning board rulings.

ORDINANCES FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 17-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ADOPTING A REDEVELOPMENT PLAN FOR MANNINO PARK TRACT (YMCA)

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

WHEREAS, the Township Council of the Township of Old Bridge ("Township Council"), pursuant to N.J.S.A. 40A:12A-4, determined by Resolution No. 144-04 dated February 23, 2004 to cause a preliminary investigation to be made and requested the Planning Board of the Township of Old Bridge ("Planning Board") to hold a public hearing as to whether the property known as Mannino Park is an area in need of redevelopment in accordance with N.J.S.A. 40A:12A-6; and

WHEREAS, the Planning Board after considering the report of the Township Planner dated March 12, 2004 and finding evidence of the criteria set forth in N.J.S.A. 40A:12A-5 recommended based on the procedures set forth in N.J.S.A. 40A:12A-6 by resolution dated April 6, 2004 that the Mannino Park tract identified as Lot 6 in Block 8005, and Part of Lot 1 in Block 8005 qualifies as a redevelopment area in accordance with N.J.S.A. 40A:12A-6; and

WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7 provides for the redevelopment of areas in need of redevelopment to be undertaken in accordance with a redevelopment plan; and

WHEREAS, the Township Council pursuant to N.J.S.A. 40A:12A-4(a) (3) is empowered to adopt a redevelopment plan to regulate development within an area determined to be in need of redevelopment; and

WHEREAS, the Old Bridge Redevelopment Agency caused a redevelopment plan entitled Mannino Park Tract Redevelopment Area Redevelopment Plan to be developed by Glenn Patterson, P.P., (the "Redevelopment Plan"), for the area for consideration by the Township Council; and

WHEREAS, the Township Council by resolution dated May 23, 2005 preliminarily reviewed the Redevelopment Plan on file with the Township Clerk and referred it to the Planning Board for its review.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the Redevelopment Plan on file with the Township Clerk is hereby adopted as the redevelopment plan for the Old Bridge Mannino Park (YMCA) tract in the Township of Old Bridge.

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

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

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

NAYS: None.

ABSTAIN: Councilwoman Panos.

ABSENT: Councilman Greene

President Baker opened the matter to the public. Seeing no hands he closed the public portion

Councilwoman Panos inquired if this referred to Mannino Park and the YMCA. Based on a letter sent out by the YMCA and which she had received a copy of from a constituent advising her that the YMCA was reconsidering the commitment to this project, Mrs. Panos was trying to find out where the project stood and what was happening.

Mayor Phillips stated that he was made aware that the Red Bank YMCA had issued a press statement and was advised of same by the local newspaper on Friday. The statement noted that the general board of the Red Bank YMCA met and they had some difficulties and they had opted to pull out of the agreement with Old Bridge. Several weeks ago Russ Azzarello met with them and the only problem he was aware of was that they were downsizing the square footage of the building.

Councilwoman Panos felt that the Council should have been made aware that there was a problem with the YMCA and if there is a problem, why do we have to go forward with this ordinance?

Attorney Convery stated that the ordinance to establish the redevelopment area and plan does not specifically refer to any YMCA it simply creates an opportunity to have such a facility regardless of who would actually run it. To some extent it is more important to do this now so you can seek proposals from other YMCA's and he urged the Council to go forward with this ordinance.

Mayor Phillips stated that he has had a number of discussions and has reached out to the Western Monmouth YMCA and the Metuchen YMCA to see if there was interest in this project. Mr. Farrell of the Western Monmouth YMCA appears to be interested in the project and they are meeting this evening for their regular meeting and Mr. Farrell and his team are going to recommend that they begin negotiations with Old Bridge to assume the position. The money that was collected from individual donations, approximately $118,000.00 will be returned to the contributors. Mayor Phillips stated that he also spoke with Mr. Scharf who is the fund raiser as well as Mr. Azzarello and Mr. Heilbrunn who went out and got pledges of $1.2 million dollars and they feel the people who made those pledges will still make those pledges to the Old Bridge YMCA. All of the demographics that were prepared by the Red Bank YMCA will be offered to any YMCA who wants to take over the position. Mayor Phillips stated he was disappointed that Red Bank was pulling out at this late date, but he was satisfied that they were forthcoming in making this decision before it went any further. Judging from the interest of the other YMCA's, it is felt that the project will go forward.

Councilman Gillespie stated that this ordinance was for the land use plan for this property and we should move forward this evening so we can go forward and find another YMCA vendor.

Councilman Calogera stated that he wished the Mayor would have advised the Council of this information before this meeting so we could have had a better understanding of what was going on. It is an important issue and will the initial YMCA Committee be involved in this new selection.

Mayor Phillips stated that the “game plan” is to use our best faith efforts to deal with Western Monmouth YMCA. Thanks to the work of a lot of people, there is a redevelopment agency and a redevelopment plan and now we have the opportunity to seek a partner or redeveloper to get this project going and he feels that Western Monmouth is the best choice and will ask them to enter into negotiations with the township to assume the position vacated by Red Bank. In the not too distant future the Council will be asked to approve Western Monmouth YMCA as the redeveloper.

Councilman Calogera inquired if this meant that the redevelopment agency will be handling the YMCA project.

Mayor Phillips responded that it has to be handled by the agency because how else are you going to transfer $3 million dollars with the grants and take the $1 million dollars combined in municipal funds for the road and combine with the infrastructure improvements that are being done at Owens Road. This is the only way all this can be pulled together.

Councilman Maher stated that his question had been answered regarding who is going to take the lead on this project.

Councilman Volkert commented that the plan should be approved this evening whether the YMCA is built next year or three years from now.

Councilman Testino stated that he feels that we are getting this “hot off the presses” and was glad that Administration is moving to save the monies in place.

Councilman Butler stated that he had put forth this committee when he was Council President in 2002 and they have done a lot of work and we need to preserve and get this project going.

President Baker opened the matter to the public.

Linda Seiler stated that since there is a change in events she would propose a change to the YMCA site from Mannino Park to Cottrell Road.

Ann Miller stated that she received the letter and it was perfectly clear, but she was disappointed because the Council did not receive a letter, which meant that they did not contribute to this project.

President Baker seeing no further hands closed the public portion.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 19-05

ORDINANCE FIXING COMPENSATION OF DEPARTMENT HEADS, THE TOWNSHIP 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 7/1/2004 To 7/1/2005

Director of Department of Administration (See Note 2) $114,183.00

Director of Department of Finance (See Note 3) $107,329.00

Director of Department of Law $101,082.00

Director of Public Works (See Note 4) $105,182.00

Director of Police (See Note 2) $10,000.00

Director of Parks, Recreation & Social Services $101,082.00

Director of Department of Community Development (See Note 5) no change $101,082.00

Tax Assessor $93,791.00

Township Clerk /Tax Assessment $93,791.00 Search Officer (See Note 6)

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 Business Administrator holds this position he/she shall be paid for both positions as outlined in this ordinance. The Council has determined that it should give Michael Jacobs a six percent (6%) raise to base salary, instead of a three and one-half percent (3 ½ %) raise given to all other municipal officers and employees. The Council finds that there is good cause to give this additional monetary increase based on Michael Jacobs' additional duties, i.e. (Acting Director Community Development) since commencing employment with the Township. That salary for the Police Director position shall only be retroactive to the time the Business Administrator was actually assigned this title.

*Note 3 In the event the current incumbent in this position holds the position of Chief Financial Officer: the Director of Finance will be paid as either the Director of Finance or Chief Financial Officer, but not both. The Council had determined that it should give Himanshu Shah a six percent (6%) raise to base salary, instead of a three and one-half percent (3 ½%) raise given to all other municipal officers and employees. The Council finds that this additional monetary increase based on the fact that Himanshu Shah may act as the Business Administrator in Michael Jacobs' absence.

*Note 4 In the event the incumbent in this position also holds the office of Public Works Supervisor, the Director of Public Works may be paid for one position of the other, but not both. The Council had determined that it should give Rocco Donatelli a six percent (6%) raise to base salary, instead of a three and one-half percent (3 ½%) raise given to all other municipal officers and employees. The Council finds that this additional monetary increase based on the fact that Rocco Donatelli may act as the Business Administrator in Michael Jacobs' absence.

*Note 5 In the event the current incumbent or new employee holds any other position other than the Director of Department of Community Affairs, he/she may be paid for only one position or the other, but not both.

*Note 6 The base salary of the Township Clerk includes a stipend for the Tax Search Officer

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

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

NAYS: None.

ABSTAIN: Councilman Calogera, Councilwoman Panos.

ABSENT: Councilman Greene.

President Baker opened this matter to the public.

Linda Seiler stated that she looked over this compensation ordinance and did not agree with the salaries and the granted increases including the fact that they are retroactive to July 1, 2004. Ms. Seiler felt this ordinance should be defeated and the money put to better use.

President Baker seeing no further hands closed the public portion.

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

Councilwoman Panos inquired what percentage raise the police officers received?

Mayor Phillips stated the PBA received 3 ½%.

Councilwoman Panos inquired as to the rest of the township employees raises.

Mayor Phillips stated that those raises had not yet been approved.

Councilman Calogera inquired if the Director of Parks and Recreation was overlooked in this?

Administrator Jacobs stated that he was listed on this ordinance.

Councilman Calogera asked if this was consistent with the other raises?

Mayor Phillips stated that it was within the range of other raises given between 3 ½ % and 6%. The Mayor stated that he would have liked to give everyone 6%, because they do an excellent job, but he felt there would have been objections, so he tried to be fiscally responsible.

ORDINANCE FOR FIRST READING

ORDINANCE NO. 20-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ADOPTING BY REFERENCE CHAPTER X, VEHICLES AND TRAFFIC OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE

WHEREAS, a comprehensive codification of the Township's vehicles and traffic ordinances has been prepared; and

WHEREAS, the ordinances contained in the comprehensive codification have already been duly enacted at various times by the Township Council; and

WHEREAS, the comprehensive codification has been reviewed by the New Jersey Department of Transportation and preliminary approval has been given; and

WHEREAS, it is now necessary to adopt the Vehicles and Traffic Chapter prior to submission to the Department of Transportation for final approval.

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

SECTION 1. Pursuant to NJSA 40:49-4 there is hereby adopted and codified a new Chapter X, Vehicles and Traffic of the Ordinances of the Township of Old Bridge.

SECTION 2. Ordinance No. 36-04 which previously included an incorrect approval date by the NJDOT is hereby corrected and superseded.

SECTION 3. A complete copy of the new Chapter X, Vehicles and Traffic, as adopted and codified by this ordinance has been filed in the office of the Township Clerk and shall remain there for the use and examination of the public until final action is taken on this ordinance.

SECTION 4. INCONSISTENT ORDINANCES

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

SECTION 5. 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 6. EFFECTIVE DATE

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

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

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

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

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

NAYS: None.

ABSENT: Councilman Greene

CONSENT AGENDA

President Baker opened the public portion.

Linda Seiler felt that C-13, the Change Order in the amount of $50,000.00 for the removal of the underground storage tank by Taylor Weisman & Taylor seemed in excess and how the original estimate could have been so far off. Also, with regard to C-6, Renaissance Coating Ms. Seiler felt that authorizing purchases over a year long period was wrong and just blanketly awarding was not in the public interest.

President Baker seeing no further hands closed the public portion.

RESOLUTION NO. 325

RESOLUTION GRANTING PERMISSION FOR BLOCK PARTY AT AVON TERRACE

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

WHEREAS, the residents of Avon Terrace have requested permission from the Township of Old Bridge to hold a block party on Avon Terrace on Sunday, July 10, 2005 from 10AM to 10 PM, rain date, Sunday, July 24, 2005.

NOW, THEREFORE, BE IT RESOLVED that the request by residents of Avon Terrace to have a block party on Sunday, July 10, 2005 from 10AM-10PM, rain date, Sunday, July 24, 2005 is hereby approved.

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 326

RESOLUTION GRANTING PERMISSION FOR BLOCK PARTY AT BUTTONWOOD DRIVE

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

WHEREAS, the residents of Buttonwood Drive have requested permission from the Township of Old Bridge to hold a block party on Buttonwood Drive on Saturday, September 3, 2005, from 10 AM to 10 PM, rain date, Sunday, September 4, 2005; and

WHEREAS, the residents of Buttonwood Drive have also requested permission to close off Buttonwood Drive at the intersections of Gaub Road and Alpha Avenue for the time period of the said party.

NOW, THEREFORE, BE IT RESOLVED that the request by residents of Buttonwood Drive to have a block party on Buttonwood Drive on Saturday, September 3, 2005 from 10 AM -10 PM, rain date Sunday, September 4, 2005 is hereby approved. Permission is granted to block off Buttonwood Drive between the intersections of Gaub Road and Alpha Avenue.

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 327

RESOLUTION AUTHORIZING LINCOLN SERVICES, INC. TO PROVIDE VENDING SERVICES

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

WHEREAS, there is need for vending machines services within the Old Bridge Municipal Complex for the benefit of employees and the public; and

WHEREAS, these services are being provided by Lincoln Services, Inc. to the Township of Old Bridge at no cost to the Township; and

WHEREAS, the Township's Finance Director has reviewed the existing contract for vending machine services with Lincoln Services, Inc., on file in the Clerk's office, recommends said Contract to the Township Council be extended pursuant to its terms for one (1) year.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the existing contract be extended.

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 328

RESOLUTION CONSTITUTING AN AGREEMENT WITH VARIOUS STATE CONTRACT VENDORS.

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

WHEREAS, the Township of Old Bridge as a contracting unit, may without advertising for bids, purchase any materials, supplies or equipment under any contract or contracts for such materials, supplies or equipment entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury pursuant to the provision of N.J.S.A. 40A:11-12; and

WHEREAS, the Township Council of the Township of Old Bridge wish to evidence an agreement with the attached referenced State Contract Vendors through this Resolution and a properly executed purchase order, which Agreement shall be subject to all the conditions applicable to the State Contract: and

WHEREAS, the Township Council of the Township of Old Bridge wish to authorize the Purchasing Department to purchase those certain items from an approved New Jersey Contract Vendor;

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge that this Resolution together with properly executed purchase order shall constitute an agreement between the Township of Old Bridge and the below referenced State Contract Vendors subject to all conditions applicable to the current State Contract; and

BE IT FURTHER RESOLVED, that the Township Council of the Township of Old Bridge hereby authorizes the Purchasing Department to purchase from an approved New Jersey State Contract Vendor.

Vendor

Renaissance Coating, Inc.

BE IT FURTHER RESOLVED, by the Township Council of the Township of Old Bridge that pursuant to the rules of the Local Finance Board of the State of New Jersey no amount of this contract shall be chargeable or certified, until such time as goods are ordered or otherwise called for prior to placing the order and a certification of available funds made by the Director of Finance upon receipt of a properly executed purchase order. The individual issuing the purchase order shall have the obligation of securing the necessary certification as to the availability of funds from the Director of Finance.

BE IT FURTHER RESOLVED, that the duration of this authorizing shall be until December 31, 2005 or upon the expiration of the vendors State Contract, whichever event first occurs.

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 329

RESOLUTION AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND LAWRENCE Y. BITTERMAN, ESQ.

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

WHEREAS, the Legal Department of the Township of Old Bridge has recommended the extension of a certain existing contract with an attorney, and

WHEREAS, such action should be memorialized to finalize payment.

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

1. The contract previously granted Lawrence Y. Bitterman, Esq. for the purpose of representing, Police Officer Ronald Atlak in the matter knows as Guillaume vs. Township of Old Bridge, et al, may be extended in the amount of $2,012.00 to finalize payment.

2. There will not be necessity for an additional contract to be provided as the original contract is presently on file with the Township Clerk's office.

3. The Mayor and Clerk are hereby authorized to execute any documents necessary to extend this contract.

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 330

RESOLUTION AWARDING CONTRACT #2005-25 TO MEGGITT DEFENSE SYSTEM CASWELL FOR BULLET TRAP SYSTEMS.

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #2005-25, for Bullet Trap Systems; and

WHEREAS, bids were received and opened on June 10, 2005; and

WHEREAS, Meggitt Defense System Caswell appears to be the lowest responsible bidder; and

WHEREAS, the Township Council wishes to award the contract for Bullet Trap System to Meggitt Defense System Caswell located at 2540 2nd St., NE, Minneapolis, MN 55418.

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. Meggitt Defense System Caswell is hereby awarded a contract for Bullet Trap System listed in Bid Proposal 2005-25 and is on file with the Township Clerk with a total amount not to exceed $57,274.00.

2. Meggitt Defense System Caswell will provide the Township with services specified in the Bid.

3. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1354 certifying the existence of a sufficient appropriation to fund the said contract.

This resolution is conditioned upon the following:

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

B. Execution of a formal contract.

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

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 331

RESOLUTION AWARDING CONTRACT #2005-24 FOR TICETOWN ROAD ATHLETIC FIELD LIGHTING PROJECT

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #2005-24, the Ticetown Road Athletic Field Lighting Project; and

WHEREAS, the bids were received and opened on June 17, 2005; and

WHEREAS, the Township Council wishes to award the contract for the replacement of the Ticetown Road Athletic Field Lighting Project to the lowest responsible bidder; and

WHEREAS, our Township Director of Parks & Recreation has recommended that a contract be awarded to Quality Electrical Construction Co. as they submitted the lowest responsible bid.

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. Quality Electrical Construction Co., with principal offices located at 290 Laurel Avenue, West Keansburg, New Jersey 07734 is hereby awarded a contract in the amount of $268,800.00 for the Ticetown Road Athletic Field Lighting Project.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1357 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 contractual documents prepared in furtherance of this award.

This resolution is conditioned upon the following:

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

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

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

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

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 332

RESOLUTION AUTHORIZING BUDGET TRANSFER

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

WHEREAS, it has become necessary to expend for various purposes which are specified in the budget, an amount in excess of the respective sums appropriated therefore, and

WHEREAS, there is an excess in certain other appropriations which are specified in the budget which are legally available for transfer; and

WHEREAS, under the provisions of R.S. 40A:4-58, during the last two months of the fiscal year, the Governing Body has the authority to transfer the amount of such appropriation as may be deemed to be in excess to such appropriations as may be deemed to be in excess to such appropriations as may require it.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Old Bridge that the transfer in the amount of $10,000.00 be made between the Current SFY 2005 Budget as follows:

General Account

Department From To
Library – Medical Expenses $10,000.00 $10,000.00
Legal – Other Expenses _________ _________
$10,000.00 $10,000.00

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 333

AUTHORIZING AN EMERGENCY APPROPRIATION IN THE AMOUNT OF $180,000

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

WHEREAS, an emergency has arisen with respect to a Legal Settlement and no adequate provision was made in the SFY 2005 Budget for the aforesaid purpose, and N.J.S.A.40A:4-4 provides for the creation of an emergency appropriation for the purpose above mentioned; and

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $545,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that in accordance with N.J.S.A40A:4-48, an emergency appropriation be and the same is hereby made for a legal settlement in the aggregate amount of $180,000.00 and that said emergency appropriation shall be provided in full in the SFY 2006 budget.

BE IT FURTHER RESOLVED that three certified copies of this Resolution will be filed with the Director of Local Government Services.

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 334

RESOLUTION AUTHORIZING FASHION BUG TENT SALE

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

WHEREAS, a request has been made by Fashion Bug to hold a Tent Sale between July 12, 2005 through July 17, 2005.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that permission to hold said tent sale is hereby approved subject to the following:

1. Submission of the following: (depict type of tent, location size)

2. Submission of fire related certificate for tents

3. Original certificate of liability insurance in the amount of $1,000,000.00 naming the Township as Certificate Holder

4. Comply with all regulations of the Fire, Police and Code Enforcement's Departments

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

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

NAYS: Councilman Maher

ABSENT: Councilman Greene

RESOLUTION NO. 335

RESOLUTION AUTHORIZING PERMISSION TO OLD BRIDGE TOWNSHIP RACEWAY PARK TO HOLD A MASS ASSEMBLY FOR “311 CONCERT”.

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

WHEREAS, Old Bridge Raceway Park has requested to hold a Mass Assembly for the “311 Concert” to be held on Sunday, August 21, 2005; and

WHEREAS, Council has reviewed the application and has determined to grant permission to Old Bridge Raceway Park to hold the “311 Concert.”

NOW, THEREFORE, BE IT RESOLVED by the Township Council of he Township of Old Bridge, County of Middlesex, State of New Jersey that permission is hereby granted to Old Bridge Raceway Park to hold a Mass Assembly for the “311 Concert” on Sunday, August 21, 2005 contingent upon the issuance of insurance.

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

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

NAYS: None

ABSENT PODIUM: Councilman Calogera

ABSENT: Councilman Greene

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

Councilwoman Panos stated that she was glad that sponsors of this event were present this evening. Last year's concert went well and she wished them luck on this year's event.

RESOLUTION NO. 336

RESOLUTION GRANTING PERMISSION TO OLD BRIDGE MUNICIPAL UTILITIES AUTHORITY TO SUBMIT APPLICATION AND OBTAIN REQUIRED TIDELANDS AND CONVEYANCES AND PERMITS.

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

WHEREAS, Old Bridge Municipal Utilities Authority is planning on replacing a section of the Laurence Harbor Interceptor, located on Township owned property designated as Block 1; Lots 54.11 and 54:12; and

WHEREAS, the following permits are required: Tidelands License from the New Jersey Department of Environmental Protection Bureau of Tidelands Management; Freshwater Wetlands General Permit, CAFRA Permit and Coastal Wetlands Permit from the New Jersey Department of Environmental Protection Bureau of Land Use; Treatment Works Approval from the New Jersey Department of Environmental Protections Division of Water Quality and Soil Erosion and Sediment Control Plan Certification from the Freehold Soil Conservation District; and

WHEREAS, Old Bridge Municipal Utilities Authority is not the owner of the above mentioned property and written permission of the Township of Old Bridge as the property owner is required to make the subject applications.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, grants permission for the Old Bridge Municipal Utilities Authority to submit the subject applications and obtain the required tidelands conveyance and permits.

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

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

NAYS: None

ABSTAIN: Councilman Testino

ABSENT PODIUM: Councilman Calogera

ABSENT: Councilman Greene

RESOLUTION NO. 337

RESOLUTION FOR CHANGE ORDER IN CONNECTION WITH THE REMOVAL OF THE UNDERGROUND STORAGE TANK IN THE POLICE DEPARTMENT PARKING LOT FOR TAYLOR, WISEMAN & TAYLOR UP TO $50,000.00.

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

WHEREAS, the Township Council of the Township of Old Bridge previously authorized a Professional Services Contract with the firm of Taylor, Wiseman & Taylor, for the removal of underground oil storage tank; and

WHEREAS, Taylor, Wiseman & Taylor has requested a Change Order to increase the amount of the contract to make necessary remediation and testing for the tank removal in the police lot.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that a Change Order is hereby authorized as set forth on the attached Description of Services and Fees from Taylor, Wiseman & Taylor.

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

ORIGINAL CONTRACT $12.110.00

Change Order (Not to Exceed) $50,000.00
NEW TOTAL AUTHORIZED AMOUNT $62,110.00

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1356 certifying the existence of a sufficient appropriation to fund said contract.

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 Councilman Gillespie and so ordered on the following roll call vote:

AYES; Councilmen Butler, Calogera, Gillespie, Maher, Testino, Volkert, President Baker

NAYS: None.

ABSTAIN: Councilwoman Panos

ABSENT: Councilman Greene

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

Councilman Maher inquired as to how many tanks are in the police lot because he feels that this has been done previously?

Joe Criscuolo responded that there was only one tank in the police lot. There was also one removed at the Rose-Lambertson tract about six months ago.

Councilman Maher questioned the amount of the Change Order?

Administrator Jacobs stated that the extra money was due to the contamination that was found in the soil when the tank was removed and there was no way you could know how much the cost for the remediation would be. We had other firms whose bids were similar to this one, but again the additional costs would not have been determined until the tank was removed.

LIQUOR LICENSES

RESOLUTION NO. 338

APPROVAL OF RENEWAL OF LIQUOR LICENSES BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that:

WHEREAS, the applicant listed below has applied to the Township of Old Bridg