Old Bridge Township, New Jersey - June 24, 2002 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on June 24, 2002 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be June 27, 2002 at 7:30 p.m.

Roll call at 8:02 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Redmond, Councilwoman Panos, President Butler Councilmen Hoff, Maher and Testino were absent.

APPROVAL OF MINUTES

RESOLUTION #299-02

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

WHEREAS, the following minutes are hereby approved

May 6, 2002 - Agenda

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Bill List

RESOLUTION #300-02

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of June 24 2002 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 24, 2002 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $6,798,189.38(General Fund).

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Prior to the vote the following discussion took place

Councilman Greene: Why is there $125,000.00 in the Parking Utility?

Mr. Shah: That is for the purchase of a Certificate of Deposit.

Councilman Redmond: These copies are terrible, you cannot even see the numbers.

Mr. Shah: We are working on getting a new copier.

Bill List

RESOLUTION #301-02

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of June 24, 2002 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Bill List

RESOLUTION #302-02 DENIED

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

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

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

Moved by Councilman Redmond, seconded by Councilman Baker and so DENIED on the following roll call vote:

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilman Calogera, Greene, Councilwoman Panos

ABSENT: Councilmen Hoff, Maher, Testino.

Report of the Attorney

Attorney Ruggierio: It appears that the last piece of the Sommers case may have come together last week in negotiations. If that is so, I will schedule a meeting with the council about the proposed settlement. The Franks trial has been postponed until July 3, 2002.

Councilman Baker: Did we get this report before hand?

Attorney Ruggierio: No, my secretary reminded me and I did not get to it.

President Butler: Will you get back to us with the date of the meeting on the Sommers case?

Attorney Ruggierio: Kenny and Kearney asked for some proposed dates and I am in the process of assessing this request.

MOTION

to accept the report of the attorney by Councilman Redmond, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Preliminary Public Comments

Bill Armitage: Thanks the council for the work on the fence at Geick Park and requests that the berm around the pond be fixed.

Mr. Badcock: We are aware of this and it is not that simple to fix.

Anita Clavering: Requests that the Council not approve the rental increase of 4% proposed by the rent stabilization board. She encourages the council to keep the rent increase at 2%.

Irene Clavering: I am president of the Old Bridge Tenants Association and we recently formed an alliance with the New Jersey Tenants Association. I will do my best to see that the increase is not higher than 2%. I am asking the members of the Fair Housing Committee to join us on this.

Councilman Greene: I would like the public to know that we will not be acting on this ordinance tonight because we never received the ordinance. We will not act on this until next meeting.

Jody Raden: I live at Country Living at Old Bridge. I live on social security and I am opposed to this rent increase of 4%. If this goes through it would be a severe impact on my family. I would like to know what the renters are going to get out of this increase.

Agim Coma: Are the landlords suppose to give an option of 1 year increases? Why isn't the ordinance going to be acted on tonight?

Ms. Shepler: At the last council meeting there was a request for more information on the justification of the increase. The reason that an ordinance was not drawn up is because we were waiting for that information.

Councilman Calogera: I wanted that information. I want to see where the increase is in relation to the CPI or inflation.

Attorney Ruggierio: We had some questions that held up the preparation of this ordinance and you will have it at the next meeting.

Roberta Weintraub: Most of the renters cannot afford a 4% increase. We are asking for help and will remember at the next election.

Burt Cooper: Can something be done about Cablevision, it is the worst cable company in the United States. There will probably be an investigation into Cablevision.

Attorney Ruggierio: If you leave your name and number you will be notified of the next cable meeting.

Jerry Rhodes: I am the manager of Brynwood Gardens. Pertaining to the 2% increase for the senior citizens and 4% for non-senior citizens, you will be opening the door for age discrimination suits. Rent control is not provided for by State, it is up to the municipality. The Federal Fair Housing Act implies that to charge a different rent to different people is discriminatory. Subsidized funds is based on income, it is never given out solely because of age. Someone will have to define a senior citizen, I am a senior citizen and am bringing in about $90,000.00 a year; should I not pay more then a husband on wife making $20,000.00.

Dwayne Fields: We have not seen any facts or figures from the landlords as to why this 4% is warranted. I would like to see the books as to how much money they are taking in and what they are paying out. I would like to see why the landlords are saying they are under a hardship because of the 2% instead of 4%.

Barbara York: I spoke to Lynn Rich at the DOT and was told that they want Old Bridge to take over jurisdiction of Charles Street. They are contending that they did not take over the road. They said they will pave Charles Street if Old Bridge will sign a jurisdictional agreement before they pave. This can be done if we put a stipulation that they will in fact pave the road.

Mr. Vincenti: We are awaiting a letter from the DOT that reiterates what you just said and as soon as we get it we will put it on the agenda. I was assured that we would have it by last Friday.

Ms. York: I will call Jamie Fox tomorrow and light a fire on this.

Guest Presentation - Stuart Simon - Rent Stabilization Board

Mr. Simon: Regarding the rent increase, we surveyed surrounding towns and 4% is lower then these other towns. There have been increases in natural gas, healthcare, water & sewer, payroll and materials and supplies. We suggested a 4% increase and now it is up to the council.

Councilman Calogera: Was this the recommendation of the board or the landlords?

Mr. Simon: This is from the whole board.

Councilman Calogera: Is this figure based to the CPI or inflation or just because the landlords costs went up?

Mr. Simon: If we keep it at 4%, we are still lower then Woodbridge and Perth Amboy and other towns. You can make it higher or lower.

Councilman Calogera: Why don't you start at zero and justify getting to 2%.

Mr. Simon: The landlords have incurred increases as I stated before, in water & sewer, healthcare, natural gas. This was all in a memo sent to the Mayor and Council dated June 12^th.

Councilman Calogera: I would like to see the landlords total increase for the year and the total gross that he is taking out of the apartment.

Mr. Simon: There are other expenses that may not be incurred, such as the amount of snow storms. This is for the council to decide, all we do is recommend.

Councilman Calogera: I try to make informed decisions and in order for me to do so, I need to know the correlation between the cost of operations in relationship to the monies taken in. If there is no inflation or a recession, will you ask us to lower the rent by 2%?

Mr. Simon: You can't do that because they are locked in with the lease.

Councilman Calogera: I need to see the costs that went up.

Mr. Simon: We did show that and we surveyed surrounding towns. You have to decide if they go up or down.

Councilman Calogera: It may be their expenses that went up. I feel that we should get a fair assessment so that we can make a decision intelligently.

Mr. Simon: We really have nothing else to go by. The landlords that were present, were Donald Canastra, Anthony Spirito, Dave Wilson.

President Butler: What was the vote on this increase?

Mr. Simon: It was 8 in favor and 1 against.

Councilman Redmond: Are we the lowest on the county?

Mr. Simon: I think that we are.

Councilman Redmond: Are there increases that the landlord can pass on to tenants that doesn't come under rent control.

Mr. Rhodes: The only increase that a landlord can pass on has to do with real estate tax increases. This passed last year. They cannot pass on electric, gas or water increases.

Councilwoman Panos: Do you receive financial statements from the landlords?

Mr. Rhodes: Every year the landlord is required to send in a report on income and expenses. I think that it goes to the Mayor's office. The Rent Board gets it eventually.

Councilwoman Panos: Can we request the board to go over these reports?

Attorney Ruggierio: That is the whole idea behind the board getting these reports. They have their own attorney. The rent board is designed to go over this information and make recommendations, this is so that the council is not perceived to make these decisions in an arbitrary and capricious way.

Councilwoman Panos: When is the next meeting?

Mr. Simon: They are on the second Tuesday's of the month.

Guest Presentation - Patrick Gillespie - Economic Development Corporation

Russ Azzarello: I must apologize for the Chairman Patrick Gillespie. I spoke to the Clerk and the Council President to request to speak on his behalf. I have been the Director of the Economic Development Corporation since February. One of the projects that we are working on is the 507 acre O&Y property. The EDC is the entity to that has been appointed to design the plan on redeveloping that land. We have retained a very well known land development consultant; Ann Babineau. We have had a lot of interest in that land. This land is on Route 9, 18 and Texas Road.

There is some adjoining land on Texas Road that is looking to put up 100,000 square feet of office and mostly retail space, hopefully we will be able to talk them into some manufacturing. The organization is Ocean Acquisitions. They have done the redevelopment area in Asbury Park. In talking to the MUA in how we could put in the water and sewer lines to our property; which would bring up the market value. This is in the preliminary stages.

Another piece of property is the old town hall on Route 9 near Route 34 that we have a buyer for. The DOT is not allowing access or egress onto Route 9 which was a problem, but now the buyer is looking into access from Old Road which is private. We are also looking to see if we could get this locally financed.

There has been development along Route 516. There has also been development along the Garden State Parkway. We have been keeping in close contact with the Atrium II because we would like a single source tenant, someone who has some notoriety that could attract other industries. We have had some inquires for a hotel around the Garden State Parkway exit. We have been talking to Mr. Brunetti about the development on Route 9, my efforts have been to the Brunetti Organization to increase the amount of commercial development. Having traveled around the world, I have seen that, when you lead with the commercial side, the housing side improves. When they built the Lowe's, the residents of Cedar View were concerned, now that it is there, someone looking to buy, now says "this is a nice house and there is a Lowe's right up the road". I saw in Los Colinas, Texas where they developed the commercial ratables on the outskirts of town, and the people that work there want to live there. I met with the new manager of Lowe's, who is from West Virginia and she now looking for a place to live in Old Bridge. This is the normal trend, industry can fill housing easier then housing can fill industry.

I had a great meeting with Raritan Bay Hospital and I think that they are looking to give Old Bridge a greater identity. When the hospital first went in, it was named Old Bridge Medical Center, they are looking at ways to expand their presence and services here. The CEO of the hospital is pro-active.

We are very encouraged by the proposal of a $50,000.00 grant for the redevelopment of the O&Y Property. The word that has come back to us, so far is that we seem to be a qualifying agency, even though we are not a 501C3.

Councilman Greene: Commuter parking is a major issue in town, will your corporation get involved in that issue?

Mr. Azzarello: Not specifically as an industry within the community. However, some of the amenities that we would look to bring out is ways to use the space for mixed uses. Much like some of the proposals for the O&Y property is for office and blending in some recreational areas. We could decide from a economic perspective and make a commuter parking lot. When we start to develop the Alfieri land by the parkway, we will be looking at issues that might concern a train station.

Councilman Greene: We are in the process of negotiating with the A&P to get more spots. I think that if you are going to have development around Route 9, that should be in the back of your mind.

Mr. Azzarello: That could be part of the mixed uses. We are talking with the fire company about the property behind CIBA, there is talk of thirteen warehouses. It fits. This borders on the Brunetti property and if they develop that, the fire company wants a cross through created. There is also a 20 inch water line on the corners of Waterworks and Cheesequake Roads. We approached the MUA and they do not like to tap into mains, they like to go through the pumps. However, if we put in a valve with a shut off, and say that it can only be used in the event of an emergency. The fire company loves this.

Councilman Greene: I think that this is all very informative and I would ask that you pass on your minutes to the council.

Mr. Azzarello: Absolutely.

Councilwoman Panos: What is the grant that you applied for?

Mr. Azzarello: We would qualify for a grant for the feasibility study. There are also low interest loans.

President Butler: Will the building on route 9 be a high volume office building?

Mr. Azzarello: There are advantages for the entrance on Old Road. This will be a site specific building. All of his 135 employees will know how to get there. I explained to the buyer that he could have a route 9 address and basically a private driveway. He understood that. What's good about this is it our property and we can be as flexible as we want.

HEARINGS

Release/Reduction Performance Guarantee - Deer Run Estates

Mr. Vincenti: This is a reduction in a performance guarantee - this is formerly known as Highview Estates, sections 4 and 5. This is a development of 26 single family homes off of Amboy Road. We are currently holding a performance bond in excess of $527,000.00. The developer has constructed a fair amount of the major improvements. All the roadways are in and the base is down as are the sidewalks and curbs. This matter was on for a reduction in February, we had gotten a number of letters from residents and deferred until this time. One of the items that popped up in all of the letters was having the top coat on the driveways done, over the last two weeks the developer has installed the majority of those driveways. At this point we are recommending a partial reduction of 64%, with the contingency that no money would be released until all the driveways are completed. We have a verbal agreement from the developer that once he has the money back, he will immediately pave the roadways and complete any additional remedial work with 6 to 8 weeks. Based on that we recommending a reduction of the 64% to reduce the performance bond to the amount of $189,843.38 and return $37,499.93 and retain $21,093.71.

Mr. Brian Whiteman, Attorney for the developer: The developer has been acting in good faith and this is not a full release, it is a reduction and these monies will be used to finalize all the components of this development. We are in agreement with the engineer.

Councilman Redmond: Has everything been addressed to the satisfaction of the homeowners?

Mr. Vincenti: No. The main item was the driveways and the roadway being paved. There are other items that deal with grading and stabilization which we are only giving the developer 40% credit. As far as the paving of the road, we are not giving any credit for the top part. There is still a fair amount of work that needs to be done, but my understanding is that the developer is going to take the cash that is refunded and immediately bring his paver in, at that same time there will be curb replacement and complete the construction of the detention basin. He will remove the sedimentation controls. This will be completed this summer.

Councilman Greene: Why are we giving him money back on work that should of been completed?

Mr. Vincenti: The developer is entitled to make an application for a bond reduction providing that a certain amount of the work has been done.

Councilman Greene: You believe enough work has been done to justify a 64% reduction?

Mr. Vincenti: Yes.

Councilman Greene: I am not comfortable with 64% and would ask that we make it 50%.

MOTION DENIED

to reduce the performance bond by 50% by Councilman Greene, seconded by Councilwoman Panos.

AYES: Councilmen Greene, Councilwoman Panos.

NAYS: Councilmen Calogera, Redmond, President Butler.

ABSENT PODIUM: Councilman Baker.

ABSENT: Councilmen Hoff, Maher, Testino.

Prior to the vote the following discussion took place

Mr. Weber, Applicant: The last time I was here a 64% reduction was recommended and Nelson said that I was entitled to it. Mr. Ruggierio said; at that same meeting, "that if the engineer says that you should get 64%, that is what I should get back."

Councilwoman Panos: Were you here on these same issues then?

Mr. Weber: Yes.

Councilwoman Panos: And they still are not fixed?

Mr. Weber: A lot if it has been fixed, at that time I was entitled to 64% , and since then there has been other work done.

Councilman Calogera: Mr. Vincenti are you guaranteeing that there will be sufficient money left to cover the work that is outstanding?

Mr. Vincenti: Yes. I made it clear to Mr. Weber that if he didn't comply within a timely fashion that we would be here in two months to call his bond.

Mr. Weber: I did agree to everything that John wanted me to.

President Butler opened the public portion.

Rob Anthony; 11 Katelyn Court: If Mr. Weber gets his bond back this evening, will the roads be done in 6 to 8 weeks?

Mr. Vincenti: Yes.

Mr. Anthony: What about the curbs and sidewalks?

Mr. Vincenti: There is remedial work and some sidewalks and curbs that need to be replaced. The majority of the curbs and sidewalks are in place. When we walk the job, we pin point which sidewalks and curbs need to be replaced, that is done immediately prior to paving.

Mr. Anthony: There is a lot of loose gravel on the roadways and if someone tries to apply their brakes, it would not be sufficient enough to stop a car.

Carol Hallock, 30 Samantha Circle: The last time this was on the letters written were copied and given to the residents, that did not happen this time.

Councilman Redmond: I have them, I can give them to you.

Steve Slomin, 34 Samantha Circle: What will be left once the bond is reduced?

Mr. Vincenti: There are three items, the top coat will be $28,000.00, the base course would be $17,000.00 and the stone sub-base would be $6,000.00 - this would go solely to the road. The only thing that needs to be done is the top, so we are holding 100% of the top, 30% of the base and 15% of the stone, that is more than enough to pave the road.

Mr. Slomin: Does that include around the drains in the complex?

Mr. Vincenti: Yes.

John Sanfratello, 36 Samantha Circle: I would ask that Councilman Baker not participate in this vote. He lives in the development and is a friend of the applicant, has worked for the applicant and purchased homes in the past from him.

President Butler: We will have the attorney rule on that.

Seeing no hands President Butler closed the public portion.

Councilman Baker: I respect your request but I do not need my relationship with Russ, or anyone in the town, to hide behind a fair decision. I represent all the people in Old Bridge, including my neighbors. Not only would I not, not vote on this but I would like to act as a go between, between the developer and my neighbors to see that the next time we get a full reduction of the bond and that all issues are solved. I deny your request, unless there is a legal obligation to do so.

Mayor Cannon: If the bond is reduced tonight, the money left over will not be reduced until all the driveways are done, correct?

Mr. Vincenti: Correct. The driveways are being done immediately, there are two residents who asked that the final paving of their driveways be put off because they are anticipating doing some additional work. I have asked Mr. Weber to give me documentation from those two homeowners. Once the rest of the driveways are paved we will return the cash portion.

Mayor Cannon: Will that require a sign off by you personally?

Mr. Vincenti: Yes.

President Butler: We will now have a legal ruling on Mr. Baker's ability to vote on this matter.

Attorney Ruggierio: It is my opinion that Mr. Baker should not participate because of concerns about potential conflict.

Councilman Greene: I would like you to act on my motion for 50% reduction.

Councilwoman Panos: Will that be in writing that if this work is not done within 6 to 8 weeks we will pull it back?

Mr. Vincenti: It should be part of the resolution.

President Butler: Do you feel that there is sufficient money after the 64% reduction?

Mr. Vincenti: Yes.

MOTION

to reduce the Performance Bond of Deer Run by 64% which is recommended by the Township Engineer, by Councilman Calogera, seconded by President Butler and so ordered on the following roll call vote:

AYES: Councilmen Calogera, Redmond, President Butler.

NAYS: Councilman Greene, Councilwoman Panos.

ABSENT FROM PODIUM: Councilman Baker.

ABSENT: Councilmen Hoff, Maher, Testino.

HEARING

Release/Reduction Performance Guarantee - Emporium Gas/Rocket Industries

Mr. Pinder Sumal: This is a release for the gas station on Route 9. The township is holding about $62,000.00 of the bond and $7,000.00 in cash. The bonded items have been completed to our satisfaction and we have not received any complaints. Our recommendation is a release of the performance guarantee.

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

MOTION

by Councilman Calogera to release the performance guarantee, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

HEARING

Release/Reduction Performance Guarantee - Karamac/Regalwoods

Mr. Pinder Sumal: This is a bond release for seven single family homes on Bennett Road. Currently the bond amount is $165,000.00 and $18,000.00 in cash. There has been no reduction. We have received three letters from homeowners, two live there and one doesn't. The two homeowners, Lopez and Cannon, their letters contain items that are non-bonded. The third letter from Jean and James Fennessy concerns the installation of a pipe and headwall on their property for which an easement was obtained. The Fennessy's question the plans and if it was approved by the DEP. We have checked our files and found the DEP's permit. In view of this letter we are recommending a release that is subject to two conditions 1.) Is that the developer provide us with proof of approvals from DEP and give all information we need re: "as built drawings" within 45 days. 2.) Posting of maintenance bond for $27,486.18.

Mr. McGowan, attorney for Karamac: The as built's will be delivered as requested and we agree to post the maintenance bond.

Mr. Sumal: We will need to review the permits. We are suggesting a release based on the two conditions I mentioned.

Councilman Redmond: Will the permit take care of the Fennessy's concerns.

Mr. McGowan: The permit was issued July 22, 1999. We will give Mrs. Fennessy a copy of the permit and we are confident that will address her concerns.

Councilman Calogera: Wasn't there drainage improvements along Higgins Road that you were going to take care of for the town?

Mr. McGowan: Yes and there were two areas that were taken care of. One was the line that went across the Fennessy property and problems of flooding along Higgins Road and we did that.

Mr. Sumal: There were two homeowners, Fracas who we have a letter from stating that she is happy with what was done and the other homeowner was Patricia Shuk, and she is also satisfied.

Mr. McGowan: This was a joint project with the town, we put in additional piping to catch the water as it came off the bank and directed it to township pipes.

Councilman Calogera asks Rocky Donatelli if that road is okay and he agrees that it is.

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

MOTION

by Councilman Greene to release the performance bond based on the Engineer's recommendation, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

HEARING

Renewal of Plenary Retail Consumption License - Sideline Lounge (conditions)

Resolution to be voted on this evening to renew Sideline Lounge Liquor License.

Councilman Redmond: Why don't we get anything from the police, wasn't there some gang activity here.

Deputy Clerk Ward: Rose-Marie gets a police report and if there is anything substantial or any problems, she will bring it to your attention. Evidently, once she looked over the report, everything was in order and there were no problems.

Attorney Ruggierio: It is because there are conditions on this license that you are conducting a hearing. These conditions were put in place because of concerns in the past.

Deputy Clerk Ward: You have a signed resolution in front of you, which means the owner agrees with them.

Councilman Calogera: I think that if there are any police reports we should get them. I think that should be a procedure that we should follow in the future.

Councilman Redmond: I have gotten some pretty alarming information from citizens and police officers and now this is supposed to be solved by keeping a security guard in the parking lot.

Councilman Greene: I am not sure if these conditions are from a prior agreement or are they new?

Deputy Clerk Ward: I don't believe they are new, these are the conditions on the license, every year, when it is renewed, he agrees to these conditions.

Councilman Greene: So, these have been in place for some time.

Deputy Clerk Ward: Yes and he has complied with them. Rose-Marie did not see problems with this license.

Councilwoman Panos: I heard rumors about this also.

Councilman Calogera: This is a go-go bar and I feel that we should ban go-go bars throughout the township.

Attorney Ruggierio: We already did years ago and the only go-go bars that exist are the ones that were grand-fathered.

Deputy Clerk Ward: The police reports are available in Rose-Marie's office to look at. The reason that we do not make copies is because there is confidential stuff on them that would have to be blacked out in order for you to receive them. When copies are made, there are nineteen copies made and we would have to have some one just make these and it would take a lot more time. You are welcome to come in and look at them at any time.

Councilman Calogera: I understand that, but my opinion is that is, that if the Clerk's office has access to seeing them, this council, who makes the decisions, should by all means, be privy to having those reports.

Deputy Clerk Ward: You have come in and we've shown them to you. We have a problem with having them out of the office and other people making the copies.

Councilman Calogera: If I didn't go in and ask for them, I wouldn't know that there is an existing complaint on a license. That is my point.

Deputy Clerk Ward: If there was a problem, Rose-Marie would not put it on the agenda.

Councilman Redmond: There are three of these bars left. I have a police report in front of me about a stabbing at one of them, I am going to be voting no.

President Butler: The stabbing occur outside the premises.

Councilman Baker: That is not even this establishment.

Councilman Redmond: It is another go-go bar.

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

MOTION DENIED

to approve renewal of liquor license 1209-33-004-002 Sideline Lounge by Councilman Baker, seconded by President Butler and so denied on the following roll call vote

AYES: Councilmen Baker, President Butler.

NAYS: Councilmen Calogera, Redmond, Councilwoman Panos.

ABSTAIN: Councilman Greene.

ABSENT: Councilmen Hoff, Maher, Testino.

Subsequent to the vote the following discussion took place

Attorney Ruggierio: Since this was not approved we need to have the Clerk's office give notice to the establishment that the council has made a decision not to renew this license and give them an opportunity to be heard.

This matter readdressed later in the meeting - see page 20

ORDINANCE FOR SECOND READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 27-02

ORDINANCE ACCEPTING STREETS WITHIN FOXBOROUGH VILLAGE II/ ROLLING MEADOWS DEVELOPMENT FOR USE AS PUBLIC ROADS

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

SECTION 1: PURPOSE

This ordinance formally accepts streets within the Foxborough Village II/Rolling Meadows development for use as public roads and permits the enforcement of the traffic laws of New Jersey Statutes Title 39.

SECTION 2: ORDINANCE

The Township of Old Bridge formally accepts the following roads in their entirety for use as public roads: Rolling Meadows Court and Beacon Place (new section)

SECTION 3. 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 4. 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 5. EFFECTIVE DATE.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to 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 Redmond, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

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

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 28-02

ORDINANCE ESTABLISHING FEE FOR SPECIAL LAW ENFORCEMENTOFFICER I ACADEMY

WHEREAS, the Township of Old Bridge Police Department intends to establish a Special Law Enforcement Officer I academy; and

WHEREAS, it is necessary to establish an enrollment fee to provide for the administration of the academy; therefore

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

SECTION 1: PURPOSE

This ordinance establishes a fee amount for enrollment in the Old Bridge Township Police Department Special Law Enforcement Officer I academy.

SECTION 2: ORDINANCE

A fee of one hundred ($100.00) dollars shall be charged for enrollment in the Old Bridge Township Police Department Special Law Enforcement I academy.

SECTION 3: 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 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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 President Butler and so ordered on the following roll call vote:

AYES: Councilmen Baker, Calogera, Greene, Redmond, President Butler.

NAYS: None.

ABSTAIN: Councilwoman Panos.

ABSENT: Councilmen Hoff, Maher, Testino.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 29-02

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE

PROHIBITING THE STOPPING AND STANDING OF VEHICLES ON MAPLE STREET

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

Section 1. Purpose

This ordinance prohibits the stopping and standing of vehicles on Maple Street.

Section 2. Stopping and Standing Prohibiting on Certain Streets

Chapter X of the Code of the Township of Old Bridge (the "Code") is hereby amended by adding and supplementing Schedule IV hereof (incorporated by reference in the Code Section 10-4) with the following:

Name of Street Sides of Street Hours Location

Maple Street Both All From the west curbline of Rt., 18 south to its westerly terminus

Section 3. 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 4. Partial Invalidity.

Section 5. Effective Date.

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 30-02

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE DECREASING THE MEMBERS OF THE PUBLIC PARKING AND TRANSPORTATION UTILITY ADVISORY COMMITTEE

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

SECTION 1: PURPOSE

The purpose of this ordinance is to recognize the Public Parking and Transportation Utility Committee established pursuant to Section 2-22.7 Code of the Township of Old Bridge by reducing the number of members of the committee from nine to five members

SECTION 2: AMENDMENTS TO SECTION 2-22.7 ADVISORY COMMITTEE

The Public Parking and Transportation Utility Advisory Committee shall be decreased from nine (9) members to seven (7) members. The committee membership shall be decreased through the elimination of two (2) Township Council appointments.

SECTION 3. 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 4. PARTIAL INVALIDITY

SECTION 5. EFFECTIVE DATE.

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE No. 31-02

ORDINANCE AUTHORIZING TAX ABATEMENT FOR BLOCK 3234, LOTS 4.026 AND 4.028

WHEREAS, Township of Old Bridge Ordinance No. 47-96 establishes a procedure for entering into an agreement for the abatement of real property taxes in order to encourage the redevelopment and rehabilitation of certain areas known as the Parkway Zone and Hospital Zone; and

WHEREAS, Ficon Technology, Inc. (as successor in interest to WHMPL Real Estate, L.P.) Has filed an application for the abatement of real property taxes for block 3234, lot 3 4.026 and 4.028 pursuant to Township of Old Bridge Ordinance No 47-96; and

WHEREAS, the township Engineer has determined Ficon Technology, Inc. has complied with all the requirements of Township of Old Bridge Ordinance No. 47-96 and is eligible to receive a tax abatement;

WHEREAS, the Mayor of the Township of Old Bridge has recommended that a tax abatement be granted to Ficon Technology, Inc.

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

SECTION 1: PURPOSE

This Ordinance authorizes a five year abatement for taxes for the building known as Atrium I - Phase II - Metropark South located at Block 3234, Lots 4.026 and 4.028.

SECTION 2: TAX ABATEMENT

Ficon Technology, Inc. is hereby granted a five year tax abatement for taxes for the buildings known as Atrium I - Phase II - Metropark South located at Block 3234, Lots 4.026 and 4.028. The terms and conditions of the abatement are set forth in the document entitled "Agreement Between the Township of Old Bridge and Ficon Technology, Inc. for the Abatement of Real Property Taxes" on file with the Township Clerk.

SECTION 3: 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 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.
If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

ORDINANCE FOR FIRST READING - REMOVED-NO ORDINANCE SUBMITTED.

Ordinance to amend Rent Stabilization Ordinance 11A-2, CXI-A percentage increase from 2% to 4% annually. (Provisions for seniors to be frozen at 2% increase.)

Reconsideration of Sideline Lounge Liquor License Renewal

MOTION

by Councilwoman Panos to reconsider vote on the renewal of Sideline Lounge Liquor License, seconded by Councilman Calogera and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Liquor License Renewal - 1209-33-004-002 Sideline Lounge

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

RESOLUTION #302A

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 Consumption License for the period of 2002-2003; and

WHEREAS, they have complied with the rules governing the renewal of a alcoholic beverage consumption license and having paid the fee of One Thousand Five Hundred Seventy-six and sixty cents ($1,576.60) and as 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 2002-2003, effective July 1, 2002, conditioned upon:

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

2. That the parking lot be patrolled to make sure that people are not gathering.

State License No. Licensee

1209-33-004-002 Sideline Lounge
t/a Club 516
60 State Highway 516
Old Bridge, NJ 08857

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

AYES: Councilmen Baker, Councilwoman Panos, President Butler

NAYS: Councilmen Calogera, Redmond.

ABSTAIN: Councilman Greene.

ABSENT: Councilmen Hoff, Maher, Testino

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
Ordinance No. 32-02

Vacating a Portion of Disbrow Road

WHEREAS a portion of the Disbrow Road has been realigned; and

WHEREAS, a portion of Disbrow Road right of way is no longer needed for use as a public roadway as a result of such realignment; therefore

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

Section 1. Purpose

The purpose of this ordinance is to vacate an unimproved portion of the Disbrow Road right of way which is no longer needed for public use by the Township of Old Bridge.

Section 2. Ordinance

The Township of Old Bridge hereby vacates a portion of Disbrow Road near the intersection of Disbrow Road and Amboy Road and more fully described in the document entitled "Scheduled A" on file with the Township Clerk. The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including, but not limited to, gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress or egress relating thereto.

The consequences of this vacation shall be that title to the parcel described in Exhibit B shall transfer to the owner of Block 11238, Lot 1.18; title to the parcel described in Exhibit C shall transfer to the owner of Block 11232, Lot 48; title to the parcel described in Exhibit D shall transfer to the owner of Block 11232, Lot 14; title to the parcel described in Exhibit E shall transfer to the owner of Block 11232, Lot 15; and title to the parcel described in Exhibit F shall transfer to the owner of Block 11232, Lot 16.

Within sixty (60) days of the effective date of this ordinance, a certified copy of this ordinance together with proof of publication shall be filed with he Clerk of Middlesex County for recording.

Section 3. 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 4. Partial Invalidity.

Section 5. Effective Date.

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

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

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

NAYS: None.

ABSENT: Councilman Hoff, Maher, Testino.

DISCUSSION ORDINANCE

DO-1 Ordinance to vacate a portion of Spring Valley Road from Marlboro Road to Rt. 18.

Councilman Calogera: Legends Golf asked to swap property that was owned by them on 516 with property that we owned on 18 and also to vacate the roadway in between that so that it would be a contiguous parcel. The purpose was to help economic development for that business. Evidently, someone made a mistake and the vacation of that road did not take place and in the meantime it seems that there are plans to build 400-450 apartments on that site and I do not think that it is in the best interest to the town for the council to vacate this road. The parcel on Route 516 has no access to either Rose Farm or the Lambertson Tract. I do not see the benefit to the town in vacating this road.

Councilman Greene displays a map and points out colored parcels on the map.

Councilman Greene: When township officials plan for developments, they put paper streets on maps and they exist only on maps. If the township acknowledges that this road would not affect the transportation system in any way, we would vacate it. That is what happened here, there is a section of Spring Valley Road that exists, but here (pointing to map) we have a paper street that is actually a dirt road which the people from Legends use to get to the back of their property. Legends made an appeal to the township to vacate this road. When this proposal was made by Legends; before the council could make a decision, they decided to go to the township transportation committee to help them make a decision. This is what the transportation committee said at the time "this road which is 33 feet wide, the planning board actually, in another application by legends, actually felt that this road was essential to development to the township" they got an agreement from Legends to add another 14 feet onto this road. Here you have the planning commission recognizing this to be a vital road and asking Legends for an additional 14 feet of their property to add to this. Unfortunately that agreement lasted only 5 years. The transportation committee said that "this roadway system of Marlboro, Pleasant Valley, East Greystone and Spring Valley Roads will become the connecting spine to the major highway system serving the region" This section of road will connect Marlboro Road and Route 18 and will become a critical element of the access plan as it envisioned in the Master Plan. This should not be freely given away or vacated as proposed by this ordinance. You have the transportation committee recognizing that this is essential and they refer to the planning board recognizing the same. Unfortunately, an ordinance was passed and the township gave it away. What happens is that this developer no longer has a natural boundary here, so he goes and negotiates a deal for this parcel of land (pointing to map). Who owns it? The Township of Old Bridge. The Township of Old Bridge negotiates a deal to give Legends this, this and this (pointing to map) and now he has 53 acres. What was the basis for vacating this and negotiating giving him that? Here are the minutes from the Economic Development Corporation - This is what the owner of Legends states " I am interested in purchasing this property here, so that 8 acres of land will be developed for commercial use and the rest will remain open space - we will put increased parking, additional miniature golf, party rooms and other features that will fit into this golf course." We are not having golf here, we are having land development. All of a sudden, golf is no good, even though his plan was to increase the golf, he is now proposing 450 housing units of 48 years old and older - which consists of 15 buildings. This council now has the opportunity to deny the vacation of that land and hopefully we can restrict the development of our portion of the property.

Councilman Redmond: Do we have a copy of the original ordinance?

President Butler: We will get it for you.

Mayor Cannon: I have the same sentiments as Councilmen Calogera and Greene. I think what was done a few years ago, was done in good faith and was going to benefit the town by promoting economic development. This has now gone to a very dense housing development and it is not in the spirit that this transaction took place.

MOTION

by Councilman Greene not to approve the vacation of this property, seconded by Councilman Calogera

NO VOTE TAKEN

Councilman Redmond: I don't think that we can do this because the applicant has already left. We told him it was pulled off the agenda.

President Butler: I told the applicant that this would be moved until July 8, 2002. I would like to table this.

MOTION DENIED

To table discussion ordinance 1 - Vacation of Spring Valley Road by President Butler, seconded by Councilman Redmond and so DENIED on the following roll call vote:

AYES: Councilmen Baker, Redmond.

NAYS Councilmen Calogera, Greene, Councilwoman Panos

ABSENT: Councilmen Hoff, Maher, Testino.

During the vote the following discussion took place

Councilman Baker voted no to vacate Spring Valley Road and changed his vote after clarification was given on the motion to table.

President Butler: Out of respect for the applicant who has left, I have moved to table this until July 8, 2002.

Councilman Calogera: I spend my time here on Monday nights and many other nights as a volunteer and if an applicant and attorney doesn't want to spend a few minutes to stay here on something that is so important to him, I am sorry I won't wait in this. I want to get this disposed of, we have been carrying this for a month and a half.

Prior to the vote the following discussion took place

Attorney Ruggierio: There was a motion to defeat this at first reading. If there are not sufficient votes to pass this tonight, it will not be introduced tonight.

Councilman Calogera: The motion was to not vacate that portion of the road.

Attorney Ruggierio: The only way that it could be vacated would be to adopt an ordinance, which is before you tonight. I would interpret your motion to be a motion to defeat the introduction of this ordinance.

Councilman Calogera: Was a three/three vote successful for that?

Attorney Ruggierio: The only vote that we had was a motion to table, which failed, so now you have the original matter before you which is should you or should you not introduce this ordinance. If it turns out to be three/three that would not be a valid introduction. If it gets a majority of votes, even if it doesn't get the super majority required to pass it, then it would be introduced and put on for the next meeting.

President Butler: So he has to reintroduce his motion.

Attorney Ruggierio: The motion that was made before the motion to table preceded it, was a motion to not vacate, which I interpret as not to pass this ordinance proposed for first reading. If it is a motion, it would be not to introduce.

Councilman Greene: Since there is a technical ordinance with an ordinance that was approved in 1998, what do we have to do legally to correct this, so that the property does not become vacated.

Attorney Ruggierio: The history is that ordinance that was proposed on 1995/1998 was to vacate the public right-of-way. That ordinance passed but because of the description of the right-of-way to be vacated; it included unbuilt map portions of the street (which was the intent) and also portions of the street that was already built. Later that incorrect ordinance was itself, vacated. So as things now stand, there is a arguable and apparent right-of-way that dissects this property, which would render it unable to be built for the purposes that are being proposed. The developer is suggesting that the council vacate the road that it unbuilt.

Councilman Greene: My motion would be to not vacate that road.

Councilwoman Panos: I second that.

Attorney Ruggierio: The mapped portion of the street exists, the only way to vacate it is to introduce an ordinance to vacate it, otherwise the status is that mapped street exists.

Councilman Calogera: They rescinded the original ordinance. As of now that road is our right-of-way.

Attorney Ruggierio: Correct, if I could suggest a way to accomplish what you are looking for, you would merely move to table DO1 without a date.

Councilman Greene: That is my problem, this has been done 3 or 4 times and every time we turn around, it is back on the agenda. I want to dispose of this.

Attorney Ruggierio: Who ever is in favor of it can keep bringing it up as many times as they want.

Councilman Greene: When it comes on the agenda I want to make sure that their initials are on it so I know who put it on.

President Butler: At the last meeting a council person said that they wanted to table this for more information.

Councilman Calogera: That was me and I now believe that it is not in the township's best interest to vacate this road.

Consent Agenda

President Butler opened the public portion on the consent agenda

Barbara York: The transportation committee voted unanimously not to vacate Spring Valley Road. We have told the council that we need to keep our roads. We have got to stop giving our roads away. Why are we giving away our roads? We have a road off Route 516 that Perth Amboy claims they own and Mary Brown proved that it is not their road. It is time that this council starts looking at 20 years from now and not the immediate future. I am asking you on behalf of the transportation committee not to vacate Spring Valley Road.

Seeing no hands President Butler closed the public portion.

BLOCK PARTY - CHEESEQUAKE WOODS - BALMORAL AVENUE

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

RESOLUTION #303-02

WHEREAS, the residents of have requested permission to close Balmoral Avenue - House #'s 5-14 for the purpose of a block party to be held on July 27, 2002 (July 28 2002 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.

It is a requirement of this approval that you must submit a sign-off sheet of approval from all residents affected in this closing. This list must be delivered to the Clerk's office before Council approval.

It is a requirement of this approval that Balmoral Avenue be completely closed to vehicular traffic. This closing must apply also to the residents' vehicles as well as other vehicles. 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. It is also a requirement of this approval that a 12 foot clearance be maintained on each side of the fire hydrant and that amusement games are prohibited from being set up on the side of the street having the fire hydrant (food tables may be set up on the side of the street having a hydrant).

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION AUTHORIZING CONTRACT TO LEGAL SERVICES WITH JEROME J. CONVERY, ESQ. FOR LEGAL REPRESENTATION OF THE TOWNSHIP ZONING BOARD OF ADJUSTMENT

RESOLUTION #304-02

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, 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 Zoning Board of Adjustment; and

WHEREAS, Jerome Convery, Esq. a licensed New Jersey Attorney, is recognized as capable and available to undertake such work; and

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

The contract for professional services is authorized to be entered with Jerome Convery, Esq., in the usual form.

The scope of the work to be performed by Jerome Convery, Esq., shall be representation of the Zoning Board of Adjustment.

This contract is awarded for a term exceeding the current budget year. A Certification of Availability of Funds #1057 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchased anticipated in the current budget year.

BUDGET YEAR FY02

CERT. NO. 1057

AMOUNT $22,500.00

The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract

contemplates expenditures in future budget year, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

This is a contact for professional services and according to New Jersey Public Contract Law. The Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: Legal representation of the Zoning Board of Adjustment.

This Resolution is conditioned upon the following:

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

Issuance of a Certificate of Availability of Funds as aforesaid.
Compliance by the Vendor with signing the mandatory affirmative action language required by law.

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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION DEDICATING A DAY TO PUBLIC AWARENESS OF NON-POINT SOURCE POLLUTION FOR GIRL SCOUT TROOP 1414

RESOLUTION #305-02

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

WHEREAS, Girl Scout Troop 1414 has requested that the Township Council declare and dedicate a date to increase public awareness of non-point source pollution; and

WHEREAS, the Township Council believes that the public should be made aware of this important issue; and

WHEREAS, the dedication and declaration of this day should be memorialized in a resolution of the Township Council.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that September 14, 2002 is hereby declared to be public awareness day for the prevention and/or control of non-point source pollution; and

BE IT FURTHER RESOLVED that the Mayor is requested to appropriately publicize this day and cooperate in all respects with the fine efforts of Girl Scout Troop 1414 with respect to this issue.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THOMAS NORMAN, ESQ.

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

RESOLUTION #306-02

WHEREAS, the Planning Board of the Township of Old Bridge has recommended the extension of certain existing contract with attorneys; and

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

The contract previously granted to Thomas Norman, Esq., for the purpose of representing the Planning Board of the Township of Old Bridge in the matter of Old Bridge Planning Board vs. K. Hovnanian be extended in the amount of $10,000.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1054 certifying the existence of a sufficient appropriation to fund the said contract.

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's office.

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

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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THOMAS NORMAN, ESQ.

RESOLUTION #307-02

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

WHEREAS, the Planning Board of the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys; and

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

The contract previously granted to Thomas Norman, Esq., for the purpose of representing the Planning Board of the Township of Old Bridge for the review of the Land Development Ordinance revisions including review of the Planning Board Subcommittee to be extended in the amount of $8,750.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1055 certifying the existence of a sufficient appropriation to fund the said contract.

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's office.

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

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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION AUTHORIZING THE EXTENSION OF THE CONTRACT BETWEEN THE TOWNSHIP OF OLD BRIDGE AND THOMAS NORMAN, ESQ.

RESOLUTION #308-02

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

WHEREAS, the Planning Board of the Township of Old Bridge has recommended the extension of certain existing contracts with attorneys; and

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

The contract previously granted to Thomas Norman, Esq., for the purpose of representing the Planning Board of the Township of Old Bridge for amending the Old bridge Township COAH Compliance Plan be extended in the amount of $8,750.00.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1056 certifying the existence of a sufficient appropriation to fund the said contract.

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's office.

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

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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION AUTHORIZING THE PURCHASE OF EIGHT (8) POLICE CARS AND ONE (1) PUBLIC WORKS UNDER STATE CONTRACT #A82813 TO WINNER FORD

RESOLUTION #309-02

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

WHEREAS, the Township of Old Bridge wishes to purchase eight (8) police cars and one (1) for public works, under State Contract #A82813; and

WHEREAS, under such State Contract the aforesaid vehicles will be purchased in the amount of $180,522.00; and

WHEREAS, Winner Ford, located at 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey 08034, has been awarded New Jersey State Contract #A82813; and

WHEREAS, the Township wishes to award the State Contract for the eight (8) police cars and one (1) for public works to Winner Ford.

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

Winner Ford is hereby awarded a contract in the amount of $180,522.00 for nine (8) police cars and (1) public works car.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1059 Public Works Car and Cert. #1060 for (8) eight Police Cars certifying the existence of a sufficient appropriation to fund the said contract.

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 and all contractual documents prepared in furtherance of this award.

This Resolution is conditioned upon the following:

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

Issuance of a Certificate of Availability of Funds as aforesaid.
Compliance by the vendor with signing the mandatory affirmative action language required by law.

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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION AUTHORIZING THE PURCHASE OF ACCESSORIES FOR EIGHT (8) POLICE VEHICLES UNDER STATE CONTRACT #A82813 FROM WINNER FORD

RESOLUTION #310-02

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

WHEREAS, the Township of Old Bridge wishes to purchase accessories for eight (8) police vehicles under State Contract #A82813; and

WHEREAS, the Township of Old Bridge wishes to purchase under said State Contact the aforesaid accessories for the price of $4,320.00; and

WHEREAS, Winner Ford, located at 250 Haddonfield-Berlin Road, Cherry Hill, New Jersey, has been awarded New Jersey State Contract #A82813; and

WHEREAS, the Township wishes to award the Sate Contract for the Accessories to Winner Ford.

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

Winner Ford is hereby awarded a contract in the amount of $4,320.00 for accessories for eight (8) police vehicles.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 1061 certifying the existence of a sufficient appropriation to funds the said contract.

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:

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

Issuance of a Certificate of Availability of Funds as aforesaid.
Compliance by the vendor with signing the mandatory affirmative action language required by law.
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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION TO FILE TAX APPEALS

RESOLUTION #311-02

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

WHEREAS, the Township Council of the Township of Old Bridge believes it is in the best interests of the Township to establish and maintain uniform and fair assessments for purposes of the local property tax; and

NOW, THEREFORE, BE IT RESOLVED on this 24th day of June, 2002, that Special Tax Counsel, Harry Haushalter, Esquire, is hereby authorized to file tax appeals with the

Tax Court of New Jersey or the Middlesex County Board of Taxation, whichever is applicable for the 2002 tax year for the properties reflected on the attached rider, denominated as Schedule "A", which is made a part of this Resolution.

NOW, THEREFORE, BE IT RESOLVED that Harry Haushalter, Esquire, is also authorized to file counterclaims and/or cross-petitions with respect to any tax appeal filed by a taxpayer for a commercial, industrial or apartment property for which the assessed valuation exceeds $250,000.00.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the filing of all such appeals, cross-petitions and counterclaims as reflected in this resolution are hereby authorized and ratified

SCHEDULE "A"

Old Bridge Twp. V. Alferi-Old Bridge Assoc. Block 2150, Lot 4.11

Old Bridge Twp. V. Old Bridge Properties Block 6302, Lots 2, 2.11, 2.12, 2.13 and 2.14

Old Bridge Twp. V. Metropark South, L.L.C. Block 3234, Lots 4.015 a/k/a 4.01 and 4.016 a/k/a 4.01

Old Bridge Twp. V. Napp Bros. Block 23001, Lot 9.11

Old Bridge Twp. V. Old Bridge Partners 1, LLC Block 19000, Lot 4

Old Bridge Twp. V. Jeffrey Mark Srour, Inc. Block 10255, Lot 1

Old Bridge Twp. V. Route 9 Plaza, LLC Block 5000, Lot 9.11

Old Bridge Twp. V. WHMPL Real Estate Ltd. Partnership Block 3234, Lot 4.025 and 4.028

Old Bridge Twp. V. Stratford Village c/o Cammeby's

Management Block 10259, Lot 9

Old Bridge Twp. V. J.B. Old Bridge Ltd. c/o Denny's Block 16002, Lot 1.13

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

RESOLUTION ACCEPTING AND APPROVING FINAL CONSTRUCTION PLANS FOR ROUTE 516/GAUB ROAD

RESOLUTION #312-02

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

WHEREAS, the County Engineer requires a Township Resolution of acceptance and approval of the final construction plans and specifications for improvements to the intersection of Route 516 and Gaub Road under the County/Township agreement; and

WHEREAS, the Township Engineer hereby accept and approve final plans and specifications prepared by the County's Consulting Engineer.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the final construction plans and specifications for improvements to the intersection of Route 516 and Gaub Road are hereby approved.

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the Township Engineering Department and the Middlesex County Engineer.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Prior to the vote the following discussion took place

Councilman Calogera: What are the extent of the improvements? Will it be the same as Bushnell and Route 516?

Mr. Vincenti: On the order of magnitude, yes.

RESOLUTION AWARDING CONTRACT # 02-14 TO Z BROTHERS CONCRETE CONSTRUCTION, INC., FOR THE 2002-2003 CURB REPLACEMENT CONTRACT

RESOLUTION #313-02

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

WHEREAS, the Township of Old Bridge advertised and received bids for Contract #02-14 for 2002-2003 curb replacement; and

WHEREAS, bids were received and opened on May 29, 2002; and

WHEREAS, the Township Council wishes to award the contract for the 2002-2003 curb replacements to the lowest responsible bidder; and

WHEREAS, the Township Engineer has recommended that a contract be awarded to Z Brothers Concrete Construction, Inc., located at 304 Jernee Mill Road, Sayreville, New Jersey, 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:

Z Brothers Concrete Construction, Inc., is hereby awarded a contract in the amount of $632,585.00 for curb replacement in accordance with the specifications advertised therefor.

The award of the contract is contingent upon the issuance of a Certification of Availability of Funds # 1058 certifying the existence of a sufficient appropriation to fund the said contract.

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:

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

Issuance of a Certificate of Availability of Funds as aforesaid.
Compliance by the vendor with signing the mandatory affirmative action language required by law.

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 Redmond, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Prior to the vote the following discussion took place:

Councilman Greene: I thought that the amount for curbs was one million dollars. Why is this for $600,000.00?

Mr. Donatelli: The bid came in low, so we will be able to do more roads.

Councilman Greene: Let's do more.

Mayor Cannon: We will, we will have to go out to bid.

Mr. Donatelli: We can also do a change order up to 20%.

Discussion

Update from council committee on status of Negotiations with Perth Amboy -(Mannino Park). (BC)

Councilman Redmond: The county is in the process of getting a price on the entire parcel, that piece is part of the parcel and there will no problem getting that piece under our control, but it has to come as a package. If they want us to separate that parcel and negotiate with Perth Amboy, we have to let them know.

Attorney Ruggierio: I recommend that we separate it and get control of that parcel, now.

Mayor Cannon: Are we going to go to condemnation?

Councilman Redmond: The County has no problem with it coming under our control or an easement that we need to get into Mannino Park, once they have control. Right now they are going for the whole parcel.

Attorney Ruggierio: There are so many unknowns here, that is why I recommend separating that out. I have heard that the county is acquiring development rights. I think that we should give Perth Amboy money and acquire this little triangle. My idea is that we aggressively negotiated with Perth Amboy and if they show reluctance, that the council back us up on a condemnation. That is the only way we can pursue this.

Councilman Greene: At the last meeting there was a decision to go to Perth Amboy. I support Bill Ruggierio's position.

Mayor Cannon: I agree with Bill also, only on the condition that council supports this. We have been trying to work this out for over a year.

Councilman Redmond: Didn't you go to condemnation before and the judge threw it out?

Attorney Ruggierio: We voluntarily dismissed it because I was trying to save the town money, we didn't have a formal appraisal and up to that point, Perth Amboy was saying that they would negotiate with you. My position is the only way to get Perth Amboy to act is to have a hammer over their head. I would not like our relationship to be like that and I invite any council people to try and make the relationship better.

Mayor Cannon: Do we have a formal appraisal now?

Attorney Ruggierio: Yes.

Councilman Calogera: How much is it?

Attorney Ruggierio: I am not sure, I will provide another copy to the council. Perth Amboy wants to link this triangular property to our entire history and that has always been a sticking point.

Councilman Baker: Can you get something from the county that says they will give this to us, once they acquire the land?

Councilman Redmond: I will ask them.

APPOINTMENT OF THE AUDITOR

RESOLUTION #314-02

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

WHEREAS, Hutchins, Meyers, Farrell & Allison be appointed auditors for the Township of Old Bridge for a term ending June 30, 2003.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Prior to the vote the following discussion took place

President Butler: We always do this at the last meeting in June. We will have the contract for the next meeting.

LIQUOR LICENSES - OUTBACK STEAKHOUSE

RESOLUTION #315-02

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

WHEREAS, the persons listed below have 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 2002-2003; and

WHEREAS, they have complied with the rules and regulations governing the renewal of Alcoholic Beverage Consumption License and have paid the fee of One Thousand Five Hundred Seventy Six dollars and Sixty Cents ($1,576.60) 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 2002-2003, effective July 1, 2002.

State License Licensee

1209-33-001-002 Outback/Mid Atlantic Joint Venture t/a
Outback Steakhouse
Routes 9 and 34
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - MURPHY STYLE GRILL

RESOLUTION #316-02

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

State License Licensee

1209-33-005-009 Murphy Style Grill of Old Bridge t/a
Murphy Style Grill
2658 Route 516
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - PCK ENTERPRISES

RESOLUTION #317-02

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

State License Licensee

1209-33-010-009 PCK Enterprises, Inc.
t/a Buy Rite Bar & Liquors
162 Route 34
Matawan, NJ 07747

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - PINE TAVERN

RESOLUTION #318-02

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

State License Licensee

1209-33-012-005 Pine Tavern, Inc. t/a
Pine Tavern
199 Routes 34 & Dock Road
Matawan, NJ 07747

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - TRE FRATALI

RESOLUTION #319-02

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

State License Licensee

1209-33-016-008 Sandri Gjonbalaj
t/a Tre Fratali
156 Highway 34
Matawan, NJ 07747

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - GLENWOOD COUNTRY CLUB

RESOLUTION #320-02

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

State License Licensee

1209-33-017-002 Glenwood County Club, Inc.
South West of Glenwood Drive
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - HABORSIDE PUB

RESOLUTION #321-02

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

State License Licensee

1209-33-021-007 Lacey, LLC
t/a Haborside Pub
301 Highway 35
Laurence Harbor, NJ 08879

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - RUBY TUESDAY

RESOLUTION #322-02

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

State License Licensee

1209-33-022-006 Ruby Tuesday, Inc.
t/a Ruby Tuesday
1352 Routes 9 South
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - BIG ED'S

RESOLUTION #323-02

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

State License Licensee

1209-33-023-008 Big Ed's BBQ, Inc.
t/a Big Ed's BBQ
174 Highway 34
Matawan, NJ 07747

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - PEAPOD HONG KONG WOK

RESOLUTION #324-02

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

State License Licensee

1209-33-024-006 H.K.W. Corp.
t/a Peapod Hong Kong Wok
160 Route 34
Matawan, NJ 07747

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - GRAND MARQUIS

RESOLUTION #325-02

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

State License Licensee

1209-33-029-002 The Grand Marquis, Inc.
t/a The Grand Marquis
1550 Routes 9 South
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - KEG & CORK PUB

RESOLUTION #326-02

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

State License Licensee

1209-33-030-003 R. Flynn Enterprises, Inc.
t/a Keg & Cork Pub
2350 Route 9 South
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - T.G.I. FRIDAYS

RESOLUTION #327-02

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

State License Licensee

1209-33-032-004 Briad Restaurant Group LLC
t/a T.G.I. Fridays
US Highway Route 9 North & Downing St.
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - BROWNTOWN WINE, LIQUORS AND BAR

RESOLUTION #328-02

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

State License Licensee

1209-33-033-006 Browntown Inn Corp.
t/a Browntown Wine, Liquor & Bar
Browntown Shopping Center - Route 516
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - OLD BRIDGE BAR AND LIQUORS

RESOLUTION #329-02

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

State License Licensee

1209-33-036-007 Old Bridge Bar & Liquors, Inc.
24B Route 34
South Amboy, NJ 08879

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - TICETOWN LIQUORS & BAR

RESOLUTION #330-02

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

State License Licensee

1209-33-002-008 The Oblisque Corp. t/a
Ticetown Liquors & Bar
3129 Route 9 North and Ticetown Road
Old Bridge, NJ 08857

Moved by Councilman Greener seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSTAIN: Councilman Calogera.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - MARLEYBONE PUB

RESOLUTION #331-02

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

State License Licensee

1209-33-009-002 Country Hearth, Inc.
t/a Marleybone Pub
Box 185C Route 34 RD 1
Matawan, NJ 07747

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

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

NAYS: Councilman Redmond.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - HARRY ROSENBLUM - INACTIVE

RESOLUTION #332-02

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

State License Licensee

1209-33-011-008 Harry Rosenblum
(Inactive) 20 Evan Drive
Morganville, NJ 07751

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

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

NAYS: None.

ABSTAIN: Councilman Calogera.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - EUGENE O'ROURKE

RESOLUTION #333-02

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

WHEREAS, Eugene O'Rourke Inc.. has applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for a renewal of their inactive Plenary Retail Consumption License No. 1209-33-018-006 for the period of July 1, 2002 to June 30, 2003; and

WHEREAS, they have complied with the rules governing the renewal of said license and having paid the fee of One thousand five hundred seventy-six dollars and sixty cents ($1,576.60); and as no objections have been received to the renewal of said license; and

WHEREAS, licensee has received a Special Ruling from the Director of the Division of Alcohol Beverage Control to permit the filing of a renewal application of an Inactive license for the 2002-2003 licensing term, pursuant to N.J.S.A. 33:1-12.39;

NOW, THEREFORE, BE IT RESOLVED that the Clerk of the Township of Old Bridge is hereby authorized to issue the applicant a renewal of their Plenary Retail Consumption License for the period of 2002-2003, effective July 1, 2002

State License No. Licensee

1209-33-018-007 EUGENE O'ROURKE, INC.
(INACTIVE 3/31/97) 29 LISA COURT
MATAWAN, N.J. 07747

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

Prior to the vote the following discussion took place

Councilman Redmond: Is there a limit as to how long he can keep this in his pocket.

Deputy Clerk Ward: A pocket license is for two years.

Attorney Ruggierio: Two years in the limit with out getting special permission from the ABC. Without knowing what the status is, if the clerk says that it is within two years you can pass this, otherwise, you might want to pass this, subject to the two year limitation. If it is longer than two years, the clerks office can report back to you.

Councilman Redmond: I would like the information because I know that they have been closed for more than two years.

LIQUOR LICENSE - COUNTRY THYME RESTAURANT

RESOLUTION #334-02

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

WHEREAS, they have complied with the rules and regulations governing the renewal of Alcoholic Beverage Consumption License and have paid the fee of One Thousand Five Hunded Seventy Six dollars and Sixty Cents ($1,576.60) and no objections have been received to the renewal of said license.

State License Licensee

1209-33-034-006 NJ Restaurant Service Corp., Inc.
t/a Country Thyme Restaurant & Bar
1696 Englishtown Road
Old Bridge, NJ 08857

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

AYES: Councilmen Baker, Greene, Redmond, President Butler.

ABSTAIN: Councilman Calogera, Councilwoman Panos

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - AFTER DARK

RESOLUTION #335-02 TABLED

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

State License Licensee

1209-33-035-005 TMJ Corp.
t/a After Dark
1103 Route 35 & Greenwood Ave.
Laurence Harbor, NJ 08879

Motion to table made by Councilman Redmond, seconded by Councilwoman Panos and so moved on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino

Prior to the vote the following discussion took place

Councilman Calogera: I have a problem with renewing this because of the situation that happened this weekend. This problem started inside the premise and escalated outside on the same property. I have police reports that gives me concerns about renewing this license. I think that we need to consider whether or not, this is the kind of business that we want to license in our town.

Councilman Redmond: There was a stabbing there this weekend and an armed confrontation where a gun was pulled. If the other place is required to have security in the parking license, why doesn't this license have any conditions.

Councilman Calogera: I think that we need to have a hearing on this.

Attorney Ruggierio: The motion should be to require the clerk's office to give notice of the intention to have a hearing with respect to this license and the proposal that it not be renewed or that it be renewed with strict conditions. You will table this renewal.

Councilman Baker: How did we get this police report and why do we have it?

Deputy Clerk Ward: The clerk's office obtained that this morning.

Councilman Calogera: I asked for it.

LIQUOR LICENSE - JERSEY WINE & SPIRITS - WITTY'S

RESOLUTION #336-02

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Plenary Retail Distribution License for the period 2002-2003; and

WHEREAS, they have complied with the rules and regulations governing the renewal of Alcoholic Beverage Distribution License and have paid the fee of One Thousand Three Hundred Seventy Nine dollars and Fifty-three Cents ($1,379.53) 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 2002-2003, effective July 1, 2002.

State License Licensee

1209-44-013-005 Jersey Spirits & Wine - t/a Buy Rite/Witty's
2285 Route 9 North & Fairway Lane
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - JERSEY WINE AND BUY RITE LIQUORS

RESOLUTION #337-02

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

State License Licensee

1209-44-014-006 Jersey Wine & Liquors, Inc.
t/a Jersey Wine & Liquor Buy Rite
1274 Englishtown Road
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - HARBOR LIGHTS

RESOLUTION #338-02

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

State License Licensee

1209-44-020-006 Dody, Inc.
t/a Harbor Lights
904 South Route 35
Laurence Harbor, NJ 08879

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - LIQUOR CITY

RESOLUTION #339-02

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

State License Licensee

1209-44-028-004 Liquor City @ Old Bridge, LLC
t/a Liquor City
Route 9 North & Old Bridge Plaza
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - MARKET BOY LIQUORS

RESOLUTION #340-02

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

State License Licensee

1209-44-031-002 Market Boy Liquors, Inc.
t/a Market Boy Liquors
1132 Englishtown Road
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - MADISON PARK VOLUNTEER FIRE DEPARTMENT

RESOLUTION #341-02

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Club License for the period 2002-2003; and

WHEREAS, they have complied with the rules and regulations governing the renewal of Alcoholic Beverage Consumption License and have paid the fee of One Hundred Fifty dollars ($150.00) 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 Club License for the period 2002-2003, effective July 1, 2002.

State License Licensee

1209-31-040-001 Madison Park Volunteer Fire Co., Inc.
3011 Cheesequake Road
Parlin, NJ 08859

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - LOYAL ORDER OF THE MOOSE

RESOLUTION #342-02

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Club License for the period 2002-2003; and

State License Licensee

1209-31-042-001 Old Bridge Lodge #486
Loyal Order of the Moose
1221 Englishtown Road
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - OLD BRIDGE COLUMBIAN CLUB

RESOLUTION #343-02

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Club License for the period 2002-2003; and

State License Licensee

1209-31-043-001 Old Bridge Columbian Club
90 Pine Street - P.O. Box 183
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - ST. LAWRENCE HOLY NAME SOCIETY

RESOLUTION #344-02

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Club License for the period 2002-2003; and

State License Licensee

1209-31-045-001 St. Lawrence Holy Name Society
109 Laurence Parkway
Laurence Harbor, NJ 08879

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

LIQUOR LICENSE - BROWNTOWN COLUMBIAN CLUB

RESOLUTION #345-02

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Club License for the period 2002-2003; and

State License Licensee

1209-31-046-001 Browntown Columbian Club, Inc.
3000 US Highway 9
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher, Testino.

Liquor License

RESOLUTION #346-02

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Club License for the period 2002-2003; and

State License Licensee

1209-31-038-001 Old Bridge Elks Lodge #2229
t/a Old Bridge Elks Lodge #2229
67 Amboy Road
Old Bridge, NJ 08857

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

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

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT: Councilmen Hoff, Maher, Testino

LIQUOR LICENSE - FRIENDLY SONS OF THE SHILLELAGH

RESOLUTION #347-02

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

WHEREAS, the persons listed below have applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Club License for the period 2002-2003; and

State License Licensee

1209-31-039-002 The Order of the Friendly Sons of the Shillelagh, Inc.
15 Oak Street - PO Box 317
Old Bridge, NJ 08857

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

AYES: Councilman Baker, Calogera, Councilwoman Panos, President Butler.

NAYS: None.

ABSTAIN: Councilmen Greene, Redmond

ABSENT: Councilmen Hoff, Maher, Testino.

New Business

Councilman Calogera: It seems that there is planned for the July 4^th weekend a motorcycle rally at Birch Hill. They are anticipating 2500 to 5000 people at this event. I would like to know if there has been an application for a mass assembly permit.

Councilman Redmond: How would we find that out?

Attorney Ruggierio: They would of made an application to the clerk's office.

Councilman Redmond: I would like the clerk's office to notify them they we require a mass assembly permit.

Councilman Calogera: We need to ascertain who advised them they did not need one. I would direct the police department not to let this event go on, if they do not have a permit.

Councilman Redmond: We don't have a meeting between now and July 4^th, to approve a mass assembly permit.

Ms. Shepler: Your ordinance requires a 30 day notice. About two weeks ago, I notified council, the clerk's office, the chief of police, board of health and the two fire inspectors that this event was to be held. We found out by e-mail.

Councilman Redmond: We have to tell him that if he doesn't get a permit, he will have to limit the number of people.

Ms. Shepler: The permit is for any event of 1,000 people.

Councilman Redmond: So he will have to limit the amount to 999 people then.

Attorney Ruggierio: The deputy clerk has just informed me that there is going to be some service of alcoholic beverages by the lessee (Budweiser). They have gotten the appropriate permits from the ABC and us. So, we have already correctly or incorrectly condoned this assembly. I am a little concerned that we have led them to believe that they have approval for this gathering.

Councilman Calogera: Is this governing body the responsible body approving permits of mass assembly, or do other entities have that authority?

Attorney Ruggierio: The ordinance calls upon the governing body to approve or deny these permits. As a lawyer I am concerned that they were led to believe that they had approval by what happened at the clerk's office and they probably expended money in regard to it. I don't deny what Mr. Calogera states about council having the authority, but from a legal perspective I am expressing concern.

Councilman Redmond: Do they still have to limit it to 1,000 people?

Attorney Ruggierio: If they limit it to 1,000 people, the ordinance does not apply.

Councilman Redmond: That is why I want them to limit it to under 1,000 people.

Councilwoman Panos: How will we police this?

Attorney Ruggierio: I think that the clerk's office may want to convey the limit to them.

Councilman Redmond: So we want the clerk's office to send them a letter and I want to find out how the police intend to enforce it.

Councilman Greene: Birch Hill's liquor license was not renewed for a specific reason, I have a problem with them being able to get a lessee in there to sell liquor. I think that the clerk's office should not issue any type of liquor license for that facility.

Deputy Clerk Ward: We called the ABC to find out if we could do this. They said that we could because Birch Hill did not supply the liquor.

Councilman Greene: I respect your position on this, but as a council person I would certainly request the clerk not to grant a license for this location in the future. Whether or not the ABC's says that you can, I don't think we should.

Councilman Calogera: On a regular license, they go to the police department for an investigation, what do we do in a temporary situation, such as this?

Deputy Clerk Ward: This is what is called a catering permit.

Councilman Calogera: It doesn't have to go to any other authority?

Deputy Clerk Ward: No, it goes for them to look over. I believe that this one went to the police department.

Councilman Calogera: In the future, I would appreciate it if you would ask the police department not to usurp the power of this council and to inform us of these types of events.

Councilman Redmond: Is Budweiser running this event?

Deputy Clerk Ward: Yes. They are only serving beer and wine and that is where they are getting their liquor from.

Councilman Calogera: Who will enforce the 1,000 people rule?

Councilman Redmond: The police, they will have to notify us as to how they plan to enforce this. What will happen if they go over 1,000 people?

Attorney Ruggierio: There are municipal court violations. It is probably $500.00 to $1,000.00 fine. The ordinance states that outdoor assemblies held in violation of the permit provision shall be viewed as a public nuisance and may be abated. The person may be fined and/or imprisoned under the general penalty provisions. I guess that we could get an injunction, but again our actions may have led them to believe that this event was sanctioned.

Councilwoman Panos: They didn't apply for a permit, so they led us to believe that there was going to be less then 1,000 people.

Attorney Ruggierio: I do not know that.

Councilman Calogera: They ran this last year.

Deputy Clerk Ward: Yes, they have had this many times before and there has never been a problem.

Councilman Calogera: In fairness to them, they have done this before and there has been no negative impact, my point is that there are a number of events in the township that should have mass assembly permits and they are not coming through this council. We need to be aware of the events in this town. I do not appreciate when something is not brought to the council's attention by these authorities. I would direct those authorities "do not do it again".

Public Comments

Joseph Pagnotta: Thank you approving the purchase of the police cars. The traffic lights in town are changing too fast. The light on West Greystone Road and Englishtown Road is only long enough for one car to go through.

Mayor Cannon: We have had complaints and have asked the county to check it out. We will request them to check it out again.

MOTION

to adjourn at 11:30 pm. by Councilman Baker, seconded by Councilman Greene and so adjourned on an all aye vote.

____________________________________

Reginald Butler Council President

____________________________________

Rose-Marie Saracino, Township Clerk

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