A Combined Meeting of the Township Council of the Township of Old Bridge was held on July 11, 2005 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker.

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

NAYS: None.

ABSENT: Councilman Testino, Councilwoman Panos.

ABSTAIN: Councilman Calogera.

RESOLUTION NO. 344-05

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 July 11, 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 July 11, 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 $8,697,807.26. (Accounts Payable)

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

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

NAYS: None.

ABSENT: Councilman Testino, Councilwoman Panos.

RESOLUTION NO. 345-05

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 July 11, 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 July 11, 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 $1,061,343.37 (Payroll)

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

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

NAYS: None.

ABSENT: Councilman Testino, Councilwoman Panos.

RESOLUTION NO. 346-05

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 July 11, 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 July 11, 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 $32,963.71 (Overtime)

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

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

NAYS: Councilmen Calogera, Maher.

ABSENT: Councilman Testino, Councilwoman Panos.

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

Councilman Calogera asked how much overtime money was related to July 4.

Mr. Shah instructed Councilman Calogera to review the overtime bill list which is broken down by departments.

Councilman Maher asked when public safety overtime would be decreased based on the hiring of new police officers.

Mr. Shah said that the overtime has decreased and that he sent a report to council.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, TOWNSHIP CLERK

The following represents the collections made during the month of May 2005:

DOGS
2423-2482 448.00
2451 & 2469 replacements 1.00

CATS
193-201 63.00

LICENSES

Vending
Amusement - $25.00 each
#'s 104-107 Friendly Sons 100.00
108-111 Sideline Lounge 100.00

Candy
#'s 17 Sideline Lounge 5.00
Hot Dog
Charles Utter 50.00

Mass Assembly
Raceway Park (2) 200.00

Taxi
Old Bridge Taxi Owner & Driver 30.00
485.00

BINGO RAFFLE
RA59-05 Chris Cooper Foundation 50.00
RA58-05 Congregation Beth Ohr 10.00
RA60-05 Old Bridge Elks 500.00
560.00

LIQUOR LICENSE - Renewals
Clubs
1209-31-047-001 Old Bridge Lions 180.00
1209-31-050-001 VFW – Post 180.00

Consumption
1209-33-004-002 Sideline Lounge 2,270.30
1209-33-007-005 Bacci, Inc 2,270.30
1209-33-021-007 Lacey, LLC 2,270.30

Transfers
1209-44-049-001 Fine Wine & Liquors 198.65 7,369.55

PARKING PERMITS
#2026-2070 (35 Permits) 875.00
#2026, 2033, 2034, 2038, 2040, 2055, 2057, 2065, 2068 - replacements 45.00
2056 voided

Temporary Permits
#522-529 (8 permits) 40.00
960.00

MISCELLANEOUS
Photocopies 116.56
Late fee – DOG 145.00
Late Fee – CAT 5.00
266.56

TOTAL $10,153.11

MOTION

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

Proclamation – July as the National Parks and Recreation Month.

Councilman Gillespie presented the following proclamation to Mr. Badcock.

WHEREAS, the National Recreation and Park Association brings visibility to parks and recreation and quality sports programs; and

WHEREAS, parks, recreation activities and leisure experiences provide opportunities for young people to live, grow and develop into contributing members of society; and

WHEREAS, parks and recreation create lifelines and continues life experiences for older members of the community; and

WHEREAS, generating opportunities for people to come together and experience a sense of community through fun recreational pursuits; and

WHEREAS, park and recreation agencies provide outlets for physical activities, socialization and stress reducing experiences; and

WHEREAS, parks, playgrounds, ball fields, nature trails, open spaces, community and cultural centers, historic sites make a community attractive and a desirable places to lie, work, play and visit to contribute to our on going economic vitality; and

WHEREAS, parks, greenways and open space provide a welcome respite from our fast paced high tech lifestyles while protecting and preserving our natural environment; and

WHEREAS, parks and recreation agencies touch the lives of individuals, families, and groups in the entire community which positively impacts upon the social, economic health and our environmental quality of our community.

NOW, THEREFORE, I, JAMES T. PHILLIPS, Mayor of Township of Old Bridge, in the County of Middlesex, do hereby proclaim July as Recreation and Parks Month in the Township of Old Bridge and encourages all citizens to celebrate by participating in their choice of pleasurable activities to find refreshment in their leisure.

Presentation to Zoning Board Members.

Held until August 1, 2005.

Preliminary public comments.

Mrs. Smoljan (56 Springhill Road) addressed the council about the dangers of fireworks on July 4.

Mr. Smoljan (56 Spring Hill Road): Questioned why his council person does not respond to his e-mails; informed the police department, through the Township Council, that someone in his neighborhood “hunts” rabbits causing him to be pelted by ammunition; complained about the number of flyers tossed into his driveway; requested a speed limit sign on Spring Hill Road.

Mr. Seewald: Commiserated with the Township Council about their vote to approve the renewal of The Breakfast Club's liquor license because higher authorities can overturn a vote. Suggested pressuring representatives in the Assembly to make a change in the authority of unelected officials (i.e. ABC).

Hearing.

1. New York Sports Club - Release/Reduction Performance Guarantee - Postponed.

2. Investors Savings Bank (T&JK Associates) – Reduction Performance Guarantee.

Richard Nusser (CME Associates): Stated that he had no objection to the maximum 30% reduction.

Attorney Convery: Stated that a reduction of the amount of the performance bond to an amount not less than $32,975.10; a reduction of the cash surety to an amount not less than $3,663.90 is the recommendation of the consulting engineer, CME Associates.

Mr. Heilbrunn: Clarified that the reduction suggested is 70% to an amount equal to 30% which is the statutory amount that you are permitted to reduce a performance guarantee, and his client concurs with that recommendation.

Councilman Gillespie: Inquired as to public comments and wanted to be assured that all notices were sent.

Motion

to approve a 70% reduction of the performance guarantee of Investors Savings Bank made by Councilman Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
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, Greene, Maher, Volkert, President Baker.

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

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

Ms. Seiler: Inquired as to the nature of this ordinance.

Attorney Convery: Explained that the DOT gave a preliminary approval, and that the Township Council would have to formally approve the ordinance. CHAPTER X has been moved intact to the codification book. The DOT and Middlesex County must approve the ordinance.

Seeing no additional hands President Baker closed the public portion.

Ordinance for First Reading.

1. Amendment to Ordinance No. 32-99 – Ice Arena Fees. TABLED

Councilman Maher expressed a concern with the resident rate being increased at a higher percent than the non-resident fee, and that all other fees were being increased with the exception of the ice hockey.

Mr. Badcock explained that the Old Bridge Wings no longer existed and that the Old Bridge Junior Knights is run by himself and Mr. Piccolo. The ice is not rented, but a fee in excess of $1,000 is collected from each participant.

Attorney Convery suggested that there was a typographical error in the proposed ordinance and recommended the ordinance be introduced on August 1.

Motion

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

Discussion Ordinance.

1. Amending the Land Development Ordinance in re Affordable Housing.

Attorney Convery explained that he was not expecting action on this, but that he drafted an ordinance amending the affording housing development fees. Presently, the land development ordinance provides for a fee of one-half of one percent of the equalized assessed value on any eligible residential activity – the developer fee ordinance where the money is taken from the developers of residential property and put into a fund and used to create affordable housing. At present you do not collect a fee from non-residential developers. The State of New Jersey through COAH has recently amended the state law to allow you to charge a one percent fee for residential development and a two percent fee for non-residential development. First reading should be scheduled for August 1. Sam Rizzo is creating memo as to what activity has taken place in surrounding communities to be sure that we are competitive in attracting non-residential development.

Councilman Calogera: Inquired if a fee would be required for new businesses in town.

Attorney Convery: That is the reason for not moving on this immediately. The State COAH laws will be changed with respect to commercial development which will be viewed as to influence and indicate how much our affordable housing burden should be. If non-residential development is going to create an additional burden for paying for affordable housing, it may be that you should impose the fee on the commercial development so that it carries its weight.

Councilman Calogera: Questioned whether charging one percent was good business practice and business friendly. Suggested the EDC to review this proposal and report to the council.

Attorney Convery: Will refer the ordinance to the EDC along with the memo from Mr. Rizzo.

Councilman Butler: Asked if this ordinance relates to current or future development.

Attorney Convery: New development (after the effective date of the ordinance).

Discussion Ordinance.

2. Amending Ice Arena Fees.

Previously listed.

3. Amending multiple dwelling emergency commission.

Attorney Convery: The rent stabilization board requested an ordinance change to allow one of its members to serve on the multiple dwelling emergency commission. (To be considered on August 1, 2005.)

Councilman Butler: Supported the change in the ordinance.

Ordinance for First Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 21-2005

ORDINANCE AMENDING THE LAND DEVELOPMENT ORDINANCE REGARDING DEFINITIONS, DESIGN STANDARDS, AND PARKING REQUIREMENTS

SECTION 1. PURPOSE OF ORDINANCE.

The purpose of this Ordinance is to amend the Land Development Ordinance to define certain terms, to amend certain design standards, and to amend the schedule of required parking spaces for enumerated uses.

SECTION 2.

The following definitions shall be amended and added to Article 2-2-Definitions & Abbreviation of the Old Bridge Township Land Development Ordinance as follows:

Dance Hall, Dance Club, or Disco - An establishment wherein the primary attraction is dancing to either live or recorded music.

Nightclub - An establishment wherein live entertainment is the primary attraction, and which operates primarily at night, caters to adult patrons, offers food and/or drink, and wherein an area for dancing may also be provided. For purposes of this ordinance, comedy clubs shall be considered night clubs.

Restaurant - Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, play field or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a restaurant. Similarly, a small eating area within or associated with a larger use such as a department store, bowling alley, commercial recreation facility, nightclub, dance hall, bus, train or other mass-transit station, shall not be deemed to be a restaurant.

(Bold - shows proposed addition)

Tavern or Bar

An establishment where the serving of liquor by the drink to the general public is the principal use and the serving of food or the sale of packaged liquors, if any, are accessory to the principal use. All such establishments shall conform to all Alcoholic Beverage Control regulations of the State of New Jersey and the Township of Old Bridge.

SECTION 3.

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

Appendix F - Schedule of Required Parking Spaces is hereby amended as follows:

USE OR OCCUPANCY CATEGORY PARKING RECREATIONAL SPACES REQUIRED

Restaurant (without bar) 1 per 3 seats, or 1 per 50 sf GFA whichever is greater

Restaurant (with bar) 1 per 3 seats in restaurant area plus 1 per 2 seats in bar area

Dance hall, Dance Club or Disco 1 per 50 sf GFA, or 1 per 2 patrons @ maximum occupancy plus 2 per 3 employees on maximum club shift, whichever is greater

Nightclub 1 per 50 sf GFA or 1 per 2 patrons @ maximum occupancy plus 2 per 3 employees on maximum shift, whichever is greater

Tavern or Bar 1 per 2 seats, or 1 per 50 sf GFA, whichever is greater.

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 Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

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

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Volkert.

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

Councilman Calogera: Expressed his concern about what constitutes “restaurant, bar, night club, etc” with respect to volume of food.

Attorney Convery: Read the definition of “restaurant”, “dance hall”, “night club” and “disco” in the ordinance and the parking requirements for each.

Councilman Greene: Expressed his support of this ordinance.

Consent Agenda.

President Baker opened a public portion.

Ms. Seiler: Warned against “blanket” authorizations to purchase from state vendors without discussing individual merits of purchases. Questioned why the director of finance cannot review the township's telephone bills as opposed to having the review done by an outside contractor. Questioned why with two in-house attorneys the township have to hire outside attorneys for labor negotiations.

RESOLUTION NO. 347-05

GRANTING PERMISSION FOR A BLOCK PARTY GRAMERCY ROAD

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 Gramercy Road have requested permission to close Gramercy Road at the intersection of Worth Place for the purpose of a block party to be held on August 27, 2005 (rain date August 28, 2005).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2 Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. You will be responsible for making provision to have the roadway blocked making sure that there is access for residents to enter and depart as they desire. Cars and/or trucks may not be used to block off any streets.

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant.

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

10. The party must end and streets must be reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 348-05

GRANTING PERMISSION FOR A BLOCK PARTY APPLEBY AVENUE

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

WHEREAS, the South Old Bridge Fire Company has requested permission to close Appleby Avenue at the intersection of Englishtown Road for the purpose of a block party to be held on August 20, 2005 (no rain date).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that permission is hereby granted to hold said block party contingent upon the following conditions:

1. You must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Township Clerk before approval is granted by the Township Council.

2. Your street must be closed to vehicular traffic from the intersection(s) as noted above. This closing must apply to the residents' vehicles as well as other vehicles.

3. You will be responsible for making provision to have the roadway blocked making sure that there is access for residents to enter and depart as they desire. Cars and/or trucks may not be used to block off any streets

4. Signage must be placed on each intersection stating that the roadway is closed to all vehicular traffic other than residents.

5. A 12 foot clearance must be maintained on each side of the fire hydrant

6. All rides and amusement games are prohibited from being set up on the side of the street having the fire hydrant and must be placed flush with the curb.

7. Food tables and grills must be set up off the street.

8. No alcoholic beverages are to be consumed on the public thoroughfare.

9. An approved traffic lane must be available at all times for emergency vehicles.

10. The party must end and streets must be reopened to traffic and completely cleared of people, paraphernalia and debris by 10:00 p.m.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 349-05

AUTHORIZING PAYMENT TO ABBY LIFTS FOR TWO HANDICAPPED ACCESSIBILITY MODULAR RAMPS

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

WHEREAS, there was an emergent need for the rental of two (2) handicapped accessibility modular ramps for the polling places at London Terrace and the Old Bridge West High School for the June 2005 Primary election; and

WHEREAS, said ramps were provided to the Township of Old Bridge on June 13, 2005 by Abby Lifts at a cost of $1,210.00 pursuant to Invoice No. 708; and

WHEREAS, payment of same has been requested by 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 payment is authorized to be made to Abby Lifts pursuant to Invoice No. 708 in the amount of $1,210.00 for rental of two handicapped accessibility modular ramps.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 350-05

PROVIDING FOR A TEMPORARY BUDGET APPROPRIATION IN THE AMOUNT OF $17,966,152.00

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

WHEREAS, the Local Budget Act, N.J.S.A. 40A:4-19 provides that temporary appropriations should be made for the purposes and amounts required in the manner and time therein provided; and

WHEREAS, the July 1, 2005 effective date of this resolution is within the first thirty days of July 2005; and

WHEREAS, the temporary budget set forth below in the amount of $17,966,152.00 does not in amount exceed 26.25% of the total appropriations in the 2005 fiscal year budget (exclusive of the appropriation made for debt service, public assistance and capital improvement fund).

NOW, THEREFORE, BE IT RESOLVED that the following temporary appropriation be made and a certified copy of this resolution be transmitted to the Chief Financial Officer for his records.

Temporary Budget Calculation

Total 2005 Fiscal Year Appropriations $47,570,182.00
(excluding Reserve for Uncollected Taxes)

Debt Service (5,944,954.00)

Capital Improvement (282,196.00)

Total (6,227,150.00)

Amount Subject to Percentage Limit 41,343,032.00
(26.25%) 10,852,546.00

Safe Housing Grant 8,000.00

Debt Service 6,121,831.00

Capital Improvement/MCIA Lease Payment 644,021.00

Subtotal 6,773,852.00

Total General Fund Temporary Appropriations 17,626,398.00

Arena Utility 321,116.00

Parking Utility 18,638.00

Total 2006 Temporary Budget Appropriations $17,966.152.00

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 351-05

AUTHORIZING ALLAN ROTTO CONSULTANTS, INC. TO PROVIDE TELECOMMUNICATION AUDITING 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 a need for auditing of the Township of Old Bridge monthly telephone billing charges as will as prior existing telephone company billing records; and

WHEREAS, these services are being provided by Allan Rotto Consultants, Inc., 301 Mill Road, Hewlett, NY 11557 to the Township of Old Bridge at no cost to the Township of Old Bridge; and

WHEREAS, if Allan Rotto Consultants, Inc. are successful in obtaining refunds or credits (including taxes, surcharges and interest), their fee earned will be 50% of this credit; and

WHEREAS, the Township of Old Bridge Finance Director has reviewed several auditing consultant proposals and recommends Allan Rotto Consultants, Inc. be awarded the contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Allan Rotto Consultants Inc. are authorized to provide telecommunication auditing services to the Township of Old Bridge in accordance with their May 24, 2005 proposal.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 352-05

APPROVING CHANGE ORDER NO. 1 FOR CONTRACT NO. 2004-06 IMPROVEMENTS TO EAST GREYSTONE ROAD

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 previously authorized Contract No. 2004-06 with the firm of Intercounty Paving Associates for improvements to East Greystone Road; and

WHEREAS, Intercounty Paving Associates has required Change Order No. 1 to decrease the amount of the contract for improvements to East Greystone Road.

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 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 …………………………. $362,222.00
Change Order No. 1 ………………………. $936.57
New Total Authorized ……………………. $361,285.43

(TOTAL AMOUNT OF CHANGE ORDER $936.57)

BE IT FURTHER RESOLVED that the Mayor and Township 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 Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 353-05

APPROVING DESIGN OF PUBLIC IMPROVEMENTS (CONTRACT NO. 2005-26 CINDY STREET)

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

WHEREAS, the use of the model design immunity resolutions will assist Central Jersey Joint Insurance Fund in defending the Township of Old Bridge and helps design immunity in the event a claim is made against the Township of Old Bridge resulting from the construction of a public improvement.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township of Old Bridge hereby adopts the following design immunity resolutions to be used in connection with the construction of public improvements:

TOWNSHIP OF OLD BRIDGE
RESOLUTON APPROVING DESIGN OF PUBLIC IMPROVEMENTS

WHEREAS, the Township of Old Bridge proposes to undertake construction of a public improvement within the municipality referred to as Cindy Street Road Improvement project (Contract No. 2005-26); and

WHEREAS, the Township of Old Bridge has caused a plan or design for the aforementioned improvements to be prepared; and

WHEREAS, the Township Council has reviewed the aforementioned plan or design and exercised its judgment and/or approved judgments of others represented by the plan.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey does hereby approve the plan entitled “Cindy Street Road Improvement Project (Contract No. 2005-26)” dated June 2005 and prepared by Parminder S. Sumal, P.E., for a certain public improvement generally described as Cindy Street Road Improvement Project (Contract No. 22005-26); and

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be placed in the permanent project file, together with one copy of the plan referred to above with a notation referring to the resolution of approval placed thereon.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO.354-05

AUTHORIZING PAYMENT TO MOTOROLA FOR REPAIR OF POLICE CAR RADIO

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

WHEREAS, the police department required the services of Motorola to repair a police car radio; and

WHEREAS, Invoice No. WO 844058 was received on May 20, 2005 in the amount of $326.00 for payment of repair; and

WHEREAS, payment of same was approved on a material requisition dated June 2, 2005 by Chief Thomas Collow.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that payment is authorized to be made to Motorola pursuant to Invoice No. WO 844058 in the amount of $326.00 for repair of a police car radio.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 355-05

AUTHORIZING REJECTION OF BIDS IN RE CONTRACT NO. 2005-23 IMPROVEMENTS TO YARDLEY MANOR

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 solicited all bids in connection with Contract No. 2005-23 for improvements to Yardley Manor; and

WHEREAS, the Township Council wishes to reject all bids received for improvements to Yardley Manor.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the bids received with respect to improvements to Yardley Manor are hereby rejected.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 356-05

BINGO/RAFFLE

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

WHEREAS, the following organizations have made application to hold, operate and conduct a Bingo/Raffle; said applications being in accordance with the statutes relating thereto.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk is hereby authorized and directed to issue to the applicant the following licenses:

RA61-05 - Bayshore Community Hospital Foundation

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 357-05

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 wishes to evidence an agreement with the below 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 wishes to authorize the purchasing department to purchase those certain items from an approved New Jersey State Contract Vendor.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that this resolution together with a 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 Name

Abco Printing Inc. East Coast Emergency Lighting Inc.
Allied Office Products Eplus Technology Inc.
Allstate International Game Time
Allstate Office Interior Gateway Corporation
Atlantic Salt Co., Inc. Gibraltar Transmissions

Vendor Name

Campbell Foundry Company Gramco Business Communications
Cannon Financial Services International Truck of Central Jersey
Central Jersey Office Equipment Jet-Vac Inc.
Central Jersey Waste Rec. Inc. Lawmen Supply of NJ Inc.
Cingular (South West Bell) Lucas Brothers Inc.
Dell Marketing LP Matty's Auto Parts Inc.
Drager Safety Diagnostics Inc. Max Finkelstein, Inc.
Moorewallace of North America Rico Business Systems, Inc.
Motorola Sagem-Morpho Inc.
Paetec Communications Seely Equipment & Supply
Perth Amboy Tire Software House International (SHI)
Petroleum Traders Corp. Sta-Seal Inc. a/k/a Trap Rock Industries
Pitney Bowes Credit Corp. Stewart Industries
Plaza Ford Tanner School Furniture Corp.
Princeton Nassau/Conover Ford Verizon Wireless
Q.E.D. Warnock Fleet
Quality Communications Westwood Computer Corp.
Rays Sport Shop, Inc. Winner Ford
Renaissance Coating Inc. Woodbridge Lincoln Mercury

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 authorization shall be until June 30, 2006 or upon the expiration of vendor's state contract, whichever event first occurs.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

ABSTAIN: Councilman Gillespie.

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

Councilman Calogera: Requested an assurance that purchasing from state vendors was the most efficient method of purchasing.

Mr. Shah: Explained that this was a convenient and efficient way of purchasing office supplies, but that the township is not “locked in” to these vendors.

RESOLUTION NO. 358-05 TABLED

AUTHORIZING THE RELEASE OF EXECUTIVE SESSION MINUTES

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

WHEREAS, Township Ordinance No. 6-90 requires that release of executive session minutes must be made upon formal motion and vote of the majority of the Township Council; and

WHEREAS, an OPRA request has been served upon the Custodian of Records for Executive Session minutes dated December 1, 2003 (labor negotiations) and March 1, 2004 (Woodland Trails litigation and Sommers litigation).

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Township Clerk, Custodian of Records, is hereby authorized to release said executive minutes to the township attorney for renew of said executive session minutes to determine whether or not any material therein falls within any exception to the Open Public Records Act (OPRA), under N.J.S.A. 47:1A-1 et seq., established by other laws, by Executive Orders issued by the Governor, or by regulations adopted by the various state agencies.

IT IS FURTHER RESOLVED that any material which is determined to be an exception to the Open Public Records Act requirements shall be redacted from the Executive Session minutes prior to release.

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

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

NAYS: Councilman Calogera.

ABSENT: Councilwoman Panos, Councilman Testino.

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

Councilman Gillespie: I have deep concerns and am strongly opposed to this resolution for two reasons. The last time we released executive session minutes was because we were faced with a subpoena from the attorney general's office. While supporting that wholeheartedly, this is a far different situation. The request that we have now to release executive session minutes should be evaluated in a much different context from our prior request. This is not a reflection on either the clerk nor the attorney.

We could inadvertently give away something important to us in terms of our contract labor negotiations; in terms of our long term strategy with respect to condemnation proceedings; in terms of a long term litigation strategy. There could be items gleaned from the release of these minutes which we could inadvertently be giving away our position that would result in an adverse judgment to the taxpayers or some other adverse judgment which could cost us a case, and by virtue of losing a case, it would cost the taxpayers more money.

I don't disagree with the attorney's methodology; however, I foresee that by approving this resolution, we could open the floodgates and be inundated with these requests. We could get OPRA requests for all of our minutes from the past five years. Rather than having Mr. Convery and his legal department spending time on daily matters, they could be faced with spending substantial amounts of their time reviewing these minutes to be sure that we do not inadvertently “give away the store”.

OPRA is a great law, and we should be complying with it. I do not believe in this request in any way, shape or form because these are personnel matters or by definition, these are not public records. These are discussions that we have had with our attorneys where there is attorney/client privilege and other things discussed. I believe this does not fit under the category of a public record. I believe that we should not change our long-standing policy of releasing the minutes after five years, or if we decide on a case-by-case basis as we did with the attorney general's office, to release them sooner.

Prior to the end of the discussion [of this resolution] I am going to offer a motion to table.

Attorney Convery: I am not disagreeing with what Councilman Gillespie is saying, but would like to point out that we have an Open Public Meetings Act which allows us to go into executive session and for those minutes to be kept private while there is on-going litigation or negotiations. Once those negotiations or the litigation have been completed, should the minutes or a portion of the minutes should be released? I have not seem them [the minutes] because the Clerk will not release the minutes to anyone without council authorization. It may be that there are issues that may be regarded as lawyer/client privilege. It may be that there are issues within the minutes relating to long-term negotiations or tactics for negotiations which would not have to be released.

The Sommers matter has been settled, but it may be that the Sommers matter comes back to court because the settlement is very complex, and if the settlement were to break down at any point, this could be back in court. There are legitimate reasons not to release those records. The fact is that the Open Public Meetings Act seems to conflict with the Open Public Records Act in this regard. What I inserted in the resolution is that the records would be released, but they would be released to me as the township attorney to see whether or not there are any other exceptions to these laws that would keep them from being public. For example, if someone said they were going to move to settle the case, that fact alone may not be privileged, but other discussions with the lawyer may be lawyer/client privilege. Negotiations discussed regarding how to deal with the PBA or FOP could be privileged.

I would like you to know that the person requesting these records has already complained to the Government Records Council (GRC), and we must respond to the GRC. If this is tabled, I would like it to be put on for the next meeting so that I can go back to the GRC and discuss with the state the concerns that members [of the council] have.

President Baker: I don't have enough information before me to make a decision; therefore, I will accept Mr. Gillespie's motion to table.

So that there may be additional discussion on this resolution, the motion to table is withdrawn.

Councilman Calogera: OPRA is an important issue for the public and we should make records available. I don't see a way to deal with this unless we have Mr. Convery go through this and go into closed session next meeting to determine what the concerns are that we cannot make public. If these issues have already been settled with the PBA, Woodland Trails, Sommers . . . unless there are other things in there, I have no objection to making these public. If there is a strategic question as to how we negotiated and it is a problem for someone on the council to release [the information], I can understand that, but I need to be made aware what those issues are before I can decide whether or not to release these. In absence of that, my first preference would be to release public records.

Councilman Gillespie: The broader policy issue is that we are setting a horrible precedent. By doing this today in this instance, regardless of what the particular issues are, we can expect to be inundated with these requests for all our executive session meetings for the past five years. The process that Kevin [Calogera] has laid out would be that we release the minutes to Jerry [Convery], who then reviews them and gives them to us before we release them again. We would be spending a great amount of time doing that, and I think this is not productive, and I am opposed to it because in the end we could make a mistake by inadvertently giving something away in public that could be used by people with whom we are in an adversarial position, and in some cases our own employees with whom we are in an adversarial position in contract negotiations, and the taxpayers wind up taking it “in the ear”. Whatever the specifics of this person's request, I think that policy-wise we are headed down the wrong path.

President Baker: I share some of both Councilman Gillespie's and Councilman Calogera's comments, and eventually, I think, everything discussed here should be made public, but I don't have enough information before me this evening to make a determination now. I think it would not hurt the matter going forward if Mr. Gillespie is willing to table this [resolution] again.

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

Councilman Calogera: When this comes back, can we get the information we need so that we can deal with the issue?

Attorney Convery: I would ask the Clerk to release the executive session minutes solely to the counsel/Township Council for their review to see whether or not they foresee any problems concerning a release of any aspect of the minutes.

Motion

to release the relative requested executive minutes to the Township Council and Attorney Jerome Convery for review and discussion possibly in executive session made by Councilman Calogera.

Point of Order.

Councilman Gillespie: We just tabled that motion.

President Baker: I would have to agree with you. I assumed that we tabled that because there is not enough documentation before me to make a decision.

Attorney Convery: I would ask that there be not a motion to release the minutes to the public, in order for us to prepare for our own executive session, a motion to release the minutes solely to me to review for discussion with the council in executive session as to whether or not the minutes should be released.

Councilman Calogera: My motion was solely for council members and you; not the public.

Attorney Convery: I think there is a point of distinction. I understand Pat's (Councilman Gillespie) motion is to . . . This was to release the executive session minutes to the person who was seeking them via an OPRA request. We are going to spin our wheels unless I review these minutes. For the limited purpose of determining whether or not there is any confidential matter in the minutes, it would make sense to release them to me as your attorney only for review.

President Baker: I am missing the point. I thought that we were going to table this so that we could all digest some more information. I think every document should be released. After this is acted upon, everyone should hear everything. I think we should not get into a situation where we are releasing documents to you or anybody to consider whether it is released or not. Everything should be released. I thought it was the broader brush item whether or not we could in fact release things, not that we are discussing to release it. I think that neither you, me or the council should decide whether it should be released. I think that we should go with the table and decide what the law says. If things should be released, just release them. It shouldn't be up to you or me to release them.

Councilman Greene: If we are going to have to find out what our attorney says, we are going to have to release them to our attorney. The council has already gotten these minutes as standard procedure. I have no problem with their being reissued to the council members, but I support what Mr. Convery said that he should get the minutes, review them, and guide us the next time we meet as to what we should or should not do with them.

Councilman Gillespie: My point of order stands. the motion to table was based on the resolution that we had in front of us that authorized the release to the attorney for the process that you just laid out. My position is that I tabled that motion successfully. The second issue, and I think the broader question that you struck on, Mr. Chairman, is that rather than release the minutes to our attorney to have him go through this process . . . Once we start down this road, we are going to get requests for all the minutes for the past five years, and we are going to go through this process where we release them to Jerry [Convery], he talks about them to us, he redacts them, he releases them, and we will be at this ad infinitum.

I am not taking issue with the advice that Jerry [Convery] has given us or with the Clerk's position, but what I think what we should do prior to is get a policy/legal memo from Jerry [Convery] that talks to us and gives us an explanation about what the policy implications of this are and what his view is on what the law says. If there is a conflict between the Open Public Meetings Law and the Open Public Records Act, that is an issue that should be discussed if it is a policy choice that this council has a decision to make, which is the way that we have traditionally view it. Our ordinance provides that after five years the minutes are released to the public, or when the matter is completed, we have standards set forth in our ordinance. Perhaps a revisit of that on a broader policy prospective by our attorney would be helpful. I don't want to go down the path of laying out a process where we are now going to start processing these requests which in essence what you are asking us to do. There are broader policy implications that we need to deal with before we go down that road.

Attorney Convery: We should make an important note to the public who is probably confused about this. I was not the township attorney on 12/1/03. I was not the township attorney on 3/1/04; therefore, I was not a party to the executive session. The Clerk is correct in not releasing the minutes to anyone who was not a party to the council or the executive session. That's why we have this problem. I have no problem, however, doing a legal memo to the council for your next meeting, and I will consult with the state because we are in contact with the Government Records Council. It may be that I will ask for an interpretation from the state regarding this request for the release of executive session minutes. I have no problem with us not going forward until the next regular meeting at which time we can discuss this again.

President Baker: Mr. Calogera, will you withdraw your motion?

Councilman Greene: We just tabled a resolution which would permit us to give the executive minutes to this individual. That is all we did. I certainly still support the way Mr. Convery outlined in brief the executive minutes and why we should not give them out on a formal basis without their being reviewed. I think you should review these. I think we would not be opening the flood gates demanding the executive minutes. I think that this is a one-time type of a request. I don't know if it will be happening again, but I do feel that in this case since we did get a request, we should formally act on it and make a policy decision as to how we are going to follow this in the future. I do feel that certainly Mr. Convery should be given the ability to read these executive minutes and guide us. If he does not do that, we are going to be wasting time, and this will probably put us in a very difficult position with the individual who requested the minutes as well as the state. I think that we should move and take some kind of an action. I would move forward a resolution to support giving the minutes to the township attorney for his review.

Motion

to release the executive session minutes to Mr. Convery, the township attorney made by Councilman Calogera, seconded by Councilman Greene. No vote taken.

Point of Order

Councilman Gillespie: That is the resolution I tabled. His motion is out of order.

Attorney Convery: The resolution was in two parts. One was to release the executive minutes to me so that I may determine whether or not any of the material fell within the exception of the Open Public Records Act or any other executive order or state law or regulation. The second part was then for me to redact, i.e., strike out, any portion of the minutes prior to the release. It is the situation where it covers both things. One is, it has me reviewing the records to determine what is privileged or not, but then the resolution goes on to say that “what is an exception will be redacted, and the minutes will be released.

President Baker: This motion has been tabled. It is not going away. We will be discussing this again.

Councilman Calogera: I don't understand how we are going to discuss this if we can't have our lawyer reading it to give us advice.

President Baker: The attorney has told us that your motion has been tabled.

Attorney Convery: I will give a legal opinion after I consult with the Government Records Council to try to put everyone in a comfortable position.

RESOLUTION NO. 359-05

AUTHORIZING AN APPLICATION FOR A RECREATIONAL OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES (R.O.I.D.) GRANT TO THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS

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 desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for approximately $9,133.00 to carry out a project to develop a Yoga recreational program for children, teens and adults; and

WHEREAS, the Township Council of the Township of Old Bridge does hereby authorize the application for such a grant; and

WHEREAS, the Township Council of the Township of Old Bridge recognizes and accepts that the Department of Community Affairs may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also upon receipt of the fully executed agreement from the Department of Community Affairs does further authorize the expenditure of funds pursuant to the terms of the agreement between the Township of Old Bridge and the New Jersey Department of Community Affairs.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Township Clerk are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

ABSTAIN: Councilman Gillespie.

RESOLUTION NO. 360-05

AUTHORIZING THE TOWNSHIP CLERK TO APPROVE BLOCK PARTIES, FAMILY FUN DAYS, ETC.

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 various Township of Old Bridge roads regularly request permission to close their neighborhood street for the purpose of holding a “block party”, “family fun day” or similar non-commercial event; and

WHEREAS, the Township Council believes that these functions can be reviewed and approved by the Township Clerk, subject to compliance with conditions precedent to the event; and

WHEREAS, permission from the Township Council shall be granted to non-commercial events involving no fees or profit.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Township Clerk is hereby authorized to review and approve requests for “block Parties, “family fun days” and similar non-commercial events, subject to compliance with conditions precedent to the event, as verified by the appropriate administrative department(s).

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

ABSENT PODIUM: Councilman Calogera.

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

Councilman Gillespie: Suggested that the Clerk provide the Township Council with all approvals.

RESOLUTION NO. 361-05

AUTHORIZING A CONTRACT WITH SCARINCI & HOLLENBECK, LLC FOR GENERAL LABOR MATTERS AND NEGOTIATION

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

WHEREAS, the Township of Old Bridge requires the services of counsel for the purpose of handling general labor matters and negotiations; and

WHEREAS, Scarinci & Hollenbeck, LLC, a licensed New Jersey law firm, is recognized as capable and available to undertake such work.

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

1. The contract for professional services is authorized to be entered into with Scarinci & Hollenbeck, LLC with its principal offices at 1100 Valley Brook Avenue, PO Box 790, Lyndhurst, NJ 07071-0790, in the usual form.

2. The scope of the work to be performed by Scarinci & Hollenbeck, LLC shall be representation for general labor matters and negotiations.

3. This contract is awarded for a term not exceeding the current budget year. A Certification of Availability of Funds No. 1361 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 ____FY 2005/2006______
Cert No. ______1361___________
Amount $45,000.00 (not to exceed)

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 years, 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.

3. This is a contract for professional services in accordance with New Jersey Public Contracts Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: general labor matters and negotiations.

This resolution is conditioned upon the following:

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

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

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

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

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

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

ABSENT PODIUM: Councilman Calogera.

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

Councilman Maher: Questioned the amount paid to prior labor counsel.

Mr. Jacobs: Replied that the amount was different depending on the amount of negotiations – approximately $75,000. Services are language more than direction.

Councilman Butler: Recognized Mr. Jacobs' negotiating skills.

RESOLUTION NO. 362-05

AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND SCARINCI & HOLLENBECK, LLC NUNC PRO TUNC

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 Scarinci & Hollenbeck, LLC; and

WHEREAS, such action should be memorialized.

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 to Scarinci & Hollenbeck, LLC for the purpose of representing the Township of Old Bridge in general labor matters and negotiations may be extended in the amount not to exceed $10,000.00 nunc pro tunc.

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

3. A Certification of Availability of Funds No.1360 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.

3. The Mayor and the Township Clerk are hereby authorized to execute any documents necessary to extend this contract and to authorize payment nunc pro tunc.

4. Subject to the maximum amount authorized above and as available appropriation, the Director of Law of the Township of Old Bridge may increase the funding of this contract by issuing one or more supplemental purchase orders.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

ABSENT PODIUM: Councilman Calogera.

RESOLUTION NO. 363-05

AUTHORIZING CONTRACT FOR LEGAL SERVICES WITH HARRY HAUSHALTER, ESQ. FOR SPECIAL TAX COUNSEL

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

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representation of the Township of Old Bridge in connection with tax appeals; and

WHEREAS, Harry Haushalter, Esq., a licensed New Jersey attorney, is recognized as capable and available to undertake such work; and

WHEREAS, the tax assessor wishes to renew this contract with Harry Haushalter ,Esq. for his legal services in an amount not to exceed $50,000.00 for the period from July 1, 2005 to June 30, 2006.

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 for professional services is authorized to be entered with Harry Haushalter, Esq. to provide legal services at a rate of $125.00 per hour, plus cost and expenses not to exceed the sum of $50,000.00 for a twelve month period.

2. The scope of the work to be performed by attorney Harry Haushalter, Esq. shall be representation of the Township of Old Bridge in special tax appeals.

3. This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds No. 1362 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 _____FY2005-2006_______
Cert No. ______1362______________
Amount __$50,000.00 (not to exceed)_

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 years, 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.

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

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

NAYS: Councilmen Calogera, Maher.

ABSENT: Councilwoman Panos, Councilman Testino.

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

Councilman Maher: Have bids been solicited from any other tax attorneys? Requested a memo from Mr. Enright regarding tax attorneys used by other towns.

Mr. Jacobs: Explained that Mr. Haushalter was selected because of his specialty. He has been very successful.

Motion

to table made by Councilman Calogera, seconded by Councilman Maher and so denied on the following roll call vote:

AYES: Councilmen Calogera, Maher.

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

ABSENT: Councilwoman Panos, Councilman Testino.

RESOLUTION NO. 364-05

REQUESTING MIDDLESEX AND MONMOUTH COUNTY PLANNING BOARDS JOINTLY REVIEW THE TRAFFIC IMPACT TO COUNTY RT. 516 IN OLD BRIDGE, MATAWAN AND ABERDEEN TOWNSHIPS REGARDING THE MATTER OF THE ABERDEEN FRENEAU AREA AS PROPOSED BY GREENWOOD HOLDINGS, LLC AND HORIZONS AT ABERDEEN FORGE, LLC

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

WHEREAS, the Aberdeen Township Planning Board has been considering two applications for its Freneau Area project from Greenwood Holdings, LLC and Horizons at Aberdeen Forge, LLC; and

WHEREAS, this project proposes to develop 700 additional homes in the designated redevelopment area; and

WHEREAS, these homes will have a very substantial traffic impact on County Rt. 516 in both Old Bridge and Matawan; and

WHEREAS, the Township of Old Bridge seeks to have the Monmouth County Planning Board consult with the Middlesex County Planning Board on this matter as it has negative implications in both counties; and

WHEREAS, the applicant's own traffic consultant has given Rt. 516 a very poor traffic service level of “D”; and

WHEREAS, the Township of Old Bridge objects to any access permit being issued with regard to Rt. 516 in light of the very poor traffic service levels.

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 Township Council requests the Monmouth County Planning Board consult with the Middlesex County Planning Board regarding the access permit application for Rt. 516 regarding the above projects.

2. The Township Council requests the Monmouth County Planning Board schedule a special public hearing in the Township of Old Bridge with regard to the traffic impact of Rt. 516 on the Township of Old Bridge and Matawan.

BE IT FURTHER RESOLVED that the Township Clerk is hereby directed to forward a duly certified copy of this resolution to the following:

• Monmouth County Planning Board
• Middlesex County Planning Board
• Aberdeen Planning Board
• Aberdeen Township Clerk
• Matawan Township Clerk
• Marlboro Township Clerk

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

Councilman Gillespie: Noted a small correction to the resolution.

Councilman Maher: Requested resolution be sent to the clerk of Marlboro. Mentioned the negative impact of the development on Ticetown Road which ends at Morganville and continues at Greenwood.

Attorney Convery: Stated that the resolution was sufficient in its entirety and perhaps Ticetown Road could be addressed in the future.

Liquor License

RESOLUTION NO. 365-05

RENEWING PLENARY RETAIL DISTRIBUTION LICENSE NO. 1209-44-031-003 JAY AMBY GAYATRI, INC. T/A MARKET BOY LIQUORS

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 and State of New Jersey for the renewal of their Plenary Retail Distribution License for the period 2005-2006; and

WHEREAS, they have complied with the rules governing the renewal of Alcoholic Beverage Distribution Licenses and having paid the fee of One thousand nine hundred eighty-six dollars and fifty-three cents ($1,986.53) 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 Distribution License for the period 2005-2006 effective July 11, 2005.

State License No. Licensee

1209-44-031-003 Jay Amby Gayatri, Inc.
t/a Market Boy Liquors
1132 Englishtown Road
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilman Testino, Councilwoman Panos.

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

Public comments on any subject matter.

Ms. Seiler: Asked the status of Margaret's Creek.

Mrs. York: Thanks the Township Council for approving resolution re: Rt. 516.

Seeing no further hands President Baker closed the public portion.

Council comments.

Councilman Greene: Although he supports commercial development, appealed to the planning and zoning boards to call for a building moratorium on Rt. 516 east of Jake Brown Road until infrastructure changes are implemented.

Councilman Butler: Requested a discussion at a future meeting to lift the curfew currently in effect.

Councilman Volkert: Suggested a change in the township's fireworks policy.

Councilman Calogera: McDonough and Rea traffic study has been completed. Executive minutes should be released as long as the information does not hurt the township.

Councilman Gillespie: Requests Attorney Convery to investigate the status of hunting in the Township of Old Bridge.

Executive Session (9:17 p.m.)

RESOLUTION NO. 366-05

AUTHORIZING AN EXECUTIVE SESSION

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

the public be excluded from this meeting pursuant to NJSA 10:4-13 for the discussion of the following matter or matters:

Personnel Matter (no formal action)

BE IT FURTHER RESOLVED that this meeting shall not reconvene and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.

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

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

ABSENT PODIUM: Councilman Calogera.

Combined meeting reconvenes only for the purpose of adjournment.

Motion

to adjourn at 9:45 p.m. made by Councilman Gillespie, seconded by Councilman Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Panos, Councilman Testino.

___________________________________
William Baker, President

__________________________________
Rose-Marie Saracino, Township Clerk

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Distributed:

Township of Old Bridge
1 Old Bridge Plaza
Old Bridge, NJ 08857
Main Phone: 732-721-5600