Old Bridge Township, New Jersey - June 23, 2003 Minutes

OLD BRIDGE TOWNSHIP COUNCIL

REGULAR MEETING

June 23, 2003

A Regular Meeting of the Township Council of the Township of Old Bridge was held on Monday, June 23, 2003 in the Municipal Complex. The meeting was called to order at 8:00 p.m. by President Butler who asked all present to participate in a salute to the flag, followed by a short prayer. President Butler also asked all present for a moment of silence and prayer for our troops in Iraq.

Township Clerk Rose-Marie Saracino, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, July 14, 2003 at 7:30 p.m.

Roll call by Clerk Saracino showed the following answering present: Councilmen Calogera, Greene, Hoff, Maher, Councilwoman Panos, President Butler: Councilmen Baker, Redmond and Testino arrived late.

President Butler: I want to apologize to the public, but we have to take an Executive Session at the beginning of this meeting.

EXECUTIVE SESSION

RESOLUTION #356-03

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

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

Contract award Paving of Curbs
Reinhardt Insurance Premiums
Cablevision Proposed Settlement

BE IT FURTHER RESOLVED that this meeting shall reconvene in public session in (30) thirty minutes and that the minutes or other record of these discussions shall be available to be disclosed to the public in sixty (60) months unless a sooner date is determined by vote of the governing body at a public session.

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

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

NAYS: Councilmen Baker, Greene, Hoff, Testino.

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

Councilman Testino: Why are we having an Executive Session now?

President Butler: Because we have an issue that we have to vote on later on and I think it is better discussed in Executive Session.

Councilman Calogera: Does it have to be right away?

President Butler: Yes, because we have to tackle one of the things in the middle of the meeting, so that is why we are doing it in the beginning of the meeting and not the end.

Councilman Hoff: I think we can tackle that matter and then have an Executive Session.

REGULAR MEETING RECONVENED AT 8:30 P.M.

APPROVAL OF MINUTES

RESOLUTION #357-03

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

The following minutes are hereby approved:

May 5, 2003 Agenda
May 19, 2003 Combined Meeting
May 19, 2003 Executive Session

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Calogera, Maher.

ABSTAIN: Councilman Hoff.

Bill List

RESOLUTION #358-03

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

WHEREAS, the Business Administrator has the responsibility of approving all 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 7 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 23, 2003 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 23, 2003 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $3,268,367.74 (General Fund)

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera, Maher.

RESOLUTION #359-03

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

WHEREAS, the Business Administrator has the responsibility of approving all 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 Greene, seconded by Councilman Baker and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera, Maher.

RESOLUTION #360-03 (DENIED)

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

WHEREAS, the Business Administrator has the responsibility of approving all 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 President Butler, seconded by Councilman Redmond and so DENIED on the following roll call vote:

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilmen Greene, Hoff, Testino, Councilwoman Panos

ABSENT PODIUM: Councilmen Calogera, Maher.

Councilman Redmond: I would like to thank Dominic Cicio and anyone else who was involved in this latest FEMA reimbursement, including Alayne, Natasha, and Scott. I think that we did quite well and I was happy to see that we are getting this money to reimburse the residents for the snow removal and the expenses incurred during that storm.

Mayor Cannon: I agree with Larry that all the efforts were terrific and I also want to thank Ken Wallace who is part of the Emergency Management Administration.

Clerk’s Report

Clerk Saracino: No report at this time.

Attorney’s Report

Attorney Ruggierio: No report this evening.

Councilman Hoff: How about Cliffwood Beach?

Attorney Report: I did spend quality time with this file and I developed what I think is a good understanding of it. I had a discussion with the appraiser we are using and he promises me that he will have some type of feedback by the end of this week. At this point I expect to be able to report at the next meeting the processing of formal position proceedings.

Preliminary Public Comments:

Gerard Haran: I am here to speak about the golf course. Old Bridge High School graduated today, and when my son was a freshman, and he graduated today, we did our first report and study on the feasibility of the course. I think that the Township Council tabled an ordinance when they had the opportunity to begin to put the money behind funding this long awaited project. I understand that Mr. Testino was looking for more information on the water. I would like to point out that interest rates are at historic lows and it is a great time to borrow for an investment that will last 100 years and will help us fund other projects. The hydrologist report states that we have plenty of water available for this golf course, but we should probably make some deal with the MUA just in case there is a drought. The gray water is something that we can work on in the future. I sit on this Council’s Golf Committee, which first met over a year ago. We met last in January 2003; my question is why the delay? All the reports are available, money is cheap. We have studied this plan, we spent $17,000 in 1999; $35,000 in 2002; and somewhere between $3,000 & $5,000 and God only knows how much the MUA is going to hold us up for if we ask them for a study. What is going on? I would like to know why this ordinance was tabled and what is the thought process here, what are we waiting for? Let’s do what is best for the people of Old Bridge, put the politics aside and do what is best from here forward.

Dominic Cicio: What is best for the people of Old Bridge is not to spend $8 million dollars. I am here tonight to speak to you again. I spoke several weeks ago when you tabled the golf course. I am here tonight to ask the Council to put together a referendum for the ballot in November to let the people of Old Bridge decide if they want to spend $8 million dollars to build a golf course. I think it is a lot of money, interest rates may be cheap, but it is still my money and I don’t want to spend it on interest and have my taxes going up. I think the people should have a voice in this and let them decide in November. After the people vote on it then you can go forward with all your other problems that you will have with it. If you come up with a decision and you don’t want to put it on the ballot, I am prepared to go out with a petition. I will try to get it on the ballot one way or another.

Mary Ann Gurliaccio: I attended last week’s meeting at the Rotary and I was very pleased to hear about the YMCA and the final site being Mannino Park. I do believe it is the right site for such a project. While I was there many of the residents expressed concern because community recreation has to be affordable and many of them are unable to afford the fee. I would like to know if Mr. Badcock has a plan regarding that matter.

Mayor Cannon: I know that the YMC A in its fund raising does set aside money to help those that need assistance. It is part of the program to help those that really want to use it. We will be doing some joint programs with the YMCA and that will be taken into account.

Guests

G-2 T&M Associates – Re: Mannino Park

Tom Badcock: I would like to introduce Jeff Bocher from T&M Associates who was the coordinator behind putting this project together on paper for us and who will make the presentation this evening.

Jeff Bocher: We will place the big drawing on the board and I will also pass out some handouts to Council for reference. It is a pleasure for me to be here, I have presented before the Council several times previously on several other recreation projects. I head-up the landscape engineering and park planning department at T&M. I have been there for 27 years and am a licensed landscape architect. The project site is located at County Road 516. (Mr. Bocher indicated the various sites on the map). The site overall is 165 acres. Of those 165 acres, about 50 are in freshwater wetlands and the adjacent 50’ buffer. These lands have been accepted by DEP as being accurate and is valid for five years. The entire site is wooded, the forest is not mature, but it is wooded. Another thing that is helpful from a construction view point is the site is quite level and that has advantages in terms of park construction, especially with athletic fields, it lessens the amount of grading, the cost and should allow us to save major bands of vegetation between the various fields; this is decidedly a plus. I want to thank Tom Badcock and his staff for his guise. They have been a major help as always. They have given us a very specific list of facilities that they wish to see incorporated into the site.

With regard to specific plans, the YMCA will be on the front portion of the site. We are showing a building of approximately 50,000 square feet, which is consistent with other YMCA’s in Ocean and Monmouth Counties. We have allowed immediately adjacent to the building room for expansion, should that be proven necessary. YMCA’s are very popular facilities so we have allowed parking for approximately 300 vehicles. We were asked to incorporate into the design for the future an area for an aquatic center. Included in our design as well is a day camp area, a conventional pool, so there is the acreage in the front portion of the site to accommodate this ambitious facility. The fact that the location is at the front of the property also reduces the utility costs. I would like to point out that there is a small triangular piece of property that the Township is negotiating for to complete this acreage and it will enable entrance and exit to the site without disturbing the wetlands. It will also allow signalization right at Owens Road and that is important to the successful entering and exiting of the park.

We were asked if we could accommodate a baseball complex, to relocate some of the fields presently used in the township. We have done that, in appearance on the map it looks like a pinwheel configuration and we were able to accommodate all five fields. It has a parking area immediately adjacent for approximately 200 cars. In the center is a two story building. The ground level would be restrooms, storage area, concession area, et cetera. The second level would be basically an elevated press box area. This site could lend itself to tournaments, but that is well down the road. We do have the acreage here and we will be able at this time to have bands of vegetation between all the fields, which makes a big difference. We have room to accommodate all the requests of the township. We also have a small picnic area as well as some tot lots. We also asked to provide a multi-purpose field on the lower portion of the site, which would include six fields. We have room to accommodate all that and allow a vegetative buffer. In this area there will be a large parking lot which will accommodate approximately 400 cars. We were also asked if one of the fields could have artificial turf, and we have complied with this request. They are more expensive on the initial construction, but after that they more than make up for it; there is essentially no maintenance, the technology is much better today. This is a concept plan, but it lays out the facility quite nicely. Because we have six fields in this one area, we have a one story building with restrooms, a storage area and possibly a concession area.

We also asked if we could accommodate some diverse activities such as court sports, specifically two roller hockey, basketball courts and tennis courts. These have been laid out in a north-south direction and fit in well with the design. Tom Badcock also came to us with a request regarding an amphitheater facility. This is very deep into the park and I want to point out that almost all of these facilities are a couple of hundred feet into the park or a thousand feet away from any nearby resident, which is a major plus. This complex will be unseen and unheard from the highway. This amphitheater is included in the concept plan. We have also included a “great lawn”, which is a several acre area for open play. The last area included in the plan is between the wetlands area for additional passive areas, including picnic areas, tot lots and a very lengthy system of trails connecting all the facilities of the park. We were also asked to consider lighting for all these facilities and because there are no homes for several hundred and in some cases several thousand feet either way, it makes lighting these fields very feasible and all of these fields could be lit for night time use. Also, we think because of the site and the amount of fields, there may be need for one or more water quality basins, we have included a fairly large one. However, this may turn out to be visually, aesthetically an asset to the park. One other item was we were asked to provide was an indoor mat sports area. We have included that too in the concept plan.

I think it is safe to say this is an ambitious master plan for the site. In terms of the cost of the project, we have not prepared the final cost estimate yet. That is the next thing our firm will do as it is part of our contract. It is safe to say that the cost will project into the millions of dollars. Because of this, and it is part of our proposal that this project be done in phases, such as Geick Park which was build in three phases with some intervals between. We think that the first phase is clearly the front area; the second phase will be the baseball complex with the parking lot, small picnic area, tot lots, mat sports area, but the primary focus would be the fields. Phase three would be the multi-purpose fields and the adjacent water quality basin. This would include the 400 car parking lot, the building, et cetera. The fourth phase would be the remainder of the area including the court sports, amphitheater, great lawn, picnic areas and the remainder of the connection trail system. There may be a phase five down the line because there is a possibility the township might acquire some land adjacent to the park and the design would lend itself to include this additional acreage.

In terms of funding, this is certainly a project that would qualify for green acres grants and loans. The first step is to get approval of the concept plan and then go from there. I do want to say that I think the Township should be commended for this project, it shows a lot of vision and it’s a clear effort on the Township’s part to recognize and address current and future recreational needs of the Township. It is an ambitious undertaking, but it will make for a spectacular recreational facility.

Councilman Greene: A very nice presentation, and I want to take this opportunity to thank the administration for really arriving at this wonderful plan for the future. It is very important to realize that administration and the township suffered from criticism not too long ago by people who said nothing could be done with that area. They did their homework, hired T&M and persevered in proving that this facility could happen and meet the future needs of Old Bridge. Also, there seems to be some confusion regarding the use of the Little League fields. These fields are to be used by anybody and everybody in the Township. They have not been constructed for one particular group. We know that 4 out of 5 Little Leagues play on property that is not Township owned, they are at a definite disadvantage, and we recognize that, so these fields are going to be constructed so that any Little League Association will have the ability to use it; so in effect the use of this park will be for everyone.

Councilman Hoff: This is a beautiful concept that you have drawn up. You have utilized every piece of land to the fullest. My question is that you are very close to the wetlands in some places especially at the YMCA area, what is the elevation of the site?

Mr. Bocher: We not only did the wetlands delineation, but we also did all of the topographic work. This is not a flood prone area. We tried and I think we succeeded, in that we did little or no disturbance to the wetlands. We did not find any threatened and endangered species there so that was a plus and meant that we could hold to the 50 foot buffer. I can assure you that we will look closely at this not only for the YMCA, but for all the buildings on the site.

Councilman Calogera: I am very excited about this plan. I think it is a great concept and I am glad to be able to present it to the residents. I want to thank the members of the Parks and Rec Committee who have assisted.

Councilwoman Panos: This is a wonderful plan for the future of Old Bridge. I am curious as to the designation of the phases.

Mr. Bocher: The phasing is conceptual as well and can be interchanged to meet certain needs. The second phase is logical with all the fields; the third phase seemed to us to be logical, same type of construction. They could be reversed, if that is the direction that the Township wanted to go.

Mayor Cannon: I want to commend T&M on their plan and when this park is built it will be three times the size of Geick Park and everyone will be able to share in its unique concept.

Councilman Testino: I just want to comment that the whole reason why this guy has the degree he has and the qualifications reflects in the great plan he has proposed. It all lays out well and I think the phasing is what we have to do because of the money constraint, also will the width of the driveways accommodate emergency vehicles?

Mr. Bocher: When the park is completed, we will make sure that it accommodates all types of emergency vehicles.

Councilman Testino: Do you think that we will need a displacement permit on the wetlands?

Mr. Bocher: No, I don’t think that we will, if we do I don’t think it will be because of the roadways, it might be because of the trails that go through the park in some small areas, but that is not a discouraged use, but rather an encouraged use.

Councilman Baker: You mentioned that we might buy some property down the road, if we decided to put additional fields in the park is there room for that?

Mr. Bocher: Not unless we constructed in the wetlands and we would discourage it and the second place might be something in the lower portion of the park. I think there is the potential to find room for at least two more fields.

MOTION

Motion to accept the conceptual plan proposed by T&M Associates made by Councilman Hoff, seconded by Councilman Calogera and so moved on the following roll call vote:

AYES: Councilmen Baker, Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler

NAYS: None.

ABSENT PODIUM: Councilman Calogera

G-1 Thomas Viola, Exec. V.P. – Senior Preferred Prescription Savings Plan

Joseph Turalo: I am a resident here in Old Bridge for 25 years and I own the Park Plaza Pharmacy and I am also the president of the Garden State Pharmacy Owners and I am here with Frank Covelli and Tom Viola who is our vice president for our POPS program and we like to tell you more about this particular program. I think that it will benefit the people of Old Bridge, especially our seniors.

Tom Viola: I am the executive vice-president of the GS POPS, which stands for Garden State Pharmacy Owners Providers Services Corporation. We are a pharmacy benefit Management program that is in the business of managing prescription benefits for municipalities and private entities. We are also a division of Garden State Pharmacy Owners which is a professional association of the independent pharmacy owners throughout the State. The challenge from my parent company was to produce a program that would reach seniors directly and allow them to buy into a program that would save them money on their prescription purchases. I have handed out a pamphlet of what we are doing in Elmwood Park, the program is running in over 100 municipalities and seven counties. We are asking for each township to allow us to approach their residents directly and also to allow the municipality to offer the program to the residents at no charge. Why we need to ask for the township’s blessing is because we would not be able to reach as many residents on our own. For the $20.00 a year per household allows members to save between 10 and 50% off regular drugs. GS POPS is the one provided in the state that has the largest number of participating pharmacies and everyone in this town. We feel that most people will save the $20.00 membership fee the first couple of times that they use the card. We are currently operating a system very similar to this in Middlesex County, which has been in effect since January, which was available to seniors and people with disabilities is no longer available – the only program that we are offering in open enrollment. We would propose that Old Bridge be the first township to open this program up to all township residents. There are no income limits, the only requirement is that the person lives in town, there are no quantity limits, or refills or limit on the number of times that you can use the card, there are no restriction on any drugs, everything is covered, if it requires a prescription in the United States, it is covered. We will process all of the paperwork and payments directly in-house so there is no cost to the Township, so in essence the program is completely free and does not cost any taxpayer dollars.

Councilman Testino: Is the County also sponsoring this program because there was a presentation according to the business administrator, to our seniors the other day.

Mr. Viola: The County program is open and running, but is no longer offered to any other individual entities, so if other counties want a program from us it will be this program. We no longer offer the program that the County is offering right now.

Councilman Testino: Old Bridge residents can use the County program, correct?

Mr. Viola: That is right the seniors would be eligible through the County program, but the program we are offering here would be open to all residents of Old Bridge.

Councilman Calogera: You state that you anticipate savings up to 50%, does this have anything to do with generic brands or is it basically name brands?

Mr. Viola: The percentage is based on the drug, so for generics you would save more like between 30%-50%, for a name brand you would save between 20%-30%.

Councilman Hoff: Why do we have to involve the Township in this if the company is going to handle all the work? Why not just mail out the forms from a mailing list and keep the Township out of it, you don’t need our approval?

Mr. Viola: My question is has anyone here heard of GSS Pops before tonight? We are a behind the scenes company and we never had a direct consumer program. Our feeling is that we would never be able to reach as many seniors on our own as we would be able to if we reached out through the towns.

Councilman Greene: What generates the savings?

Mr. Viola: The discount or savings is actually borne on the back of the pharmacy. The point of the program has always been to support community pharmacies. The only way to save money was through mail order, and that took away from the pharmacies both chain and independent that rely on foot traffic to keep themselves alive.

Councilman Maher: If we decide to lend our name to this project, what type of agreement are you looking for from the Township with regard to time frame?

Mr. Viola: We have operated the program completely by open ended resolution so in all the cases, the Council’s have voted on an open ended resolution saying the program will be in effect and we can offer it to seniors or open enrollment for all residents and there is no involvement for the town as far as monitoring cards or maintaining eligibility files, that is what we do.

Frank Covelli: The beauty of the program is the simplicity and the fact that 99% of an individuals questions or concerns can be addressed by the pharmacist themselves. Everything is handled through the actual pharmacy issuing the prescription. We are looking for an open ended resolution from you with no time limit.

Mr. Viola: An annual would be fine, certainly GS Pops would give you an accounting to the business administrator in terms of the number of enrollees and give you the average savings that participants are getting through the program.

Councilwoman Panos: In essence we are signing a contract with you if we agree to do this?

Mr. Viola: In essence yes.

Councilwoman Panos: I would think that this matter should then go to administration because they negotiate contracts and I don’t know why you are here before the Council since it would be up to administration to negotiate with you. I would like a legal opinion.

Attorney Ruggierio: I think these gentlemen are presenting a concept to the Council and at some point if they decide it is a good idea I am sure that they will present us with more extensive documents that tell us the terms of the program will be and what they want from the township. At that point the Mayor and administration and legal will do a review and analyze it.

Councilman Hoff: I don’t think this matter belongs before Council. We have spent a lot of time on it and the agents are making a nice presentation, but it does not belong to us and should be referred to the business administrator.

MOTION

Motion to table this matter and refer to administration for their review made by Councilman Hoff, seconded by Councilwoman Panos and so moved on the following roll call vote:

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

NAYS: Councilman Baker, Redmond, Testino, President Butler

Consent Agenda

BLOCK PARTY APPROVAL

RESOLUTION #361-03

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

WHEREAS, the residents of Longview Road have requested permission to close Longview Road/Orchard Intersection ) for the purpose of a block party to be held on August 4, 2003 (August 10, 2003 – 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 Longview Road 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, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT PODIUM: Councilman Testino.

RESOLUTION #362-03

Block Party:

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

WHEREAS, the residents of Earhart Road have requested permission to close Earhart Road Hilliard and Piersoll Intersection for the purpose of a block party to be held on July 4, 2003.

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 Earhart Road 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, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT PODIUM: Councilman Testino

RESOLUTION MEMORIALIZING RELEASE OF PERFORMANCE GUARANTEE FOR MT. HEBRON CEMETERY

RESOLUTION #363-03

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

WHEREAS, Mt. Hebron Cemetery, located on the southerly side of Cheesequake-Morristown Road, is now seeking a release of the performance guarantee; and;

WHEREAS, a bond hearing was held on June 9, 2003 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has performed an inspection of the site improvements and find that these have been completed satisfactorily; and

WHEREAS, the Township Engineer recommends release of the performance guarantee as follows:

Performance Bond $43,981.92
10% Cash Deposit $4,886.88
Total: $48,868.80 (Cash Deposited)

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the performance guarantee be released subject to the following:

1. The developer posting a (2) two Year Maintenance Bond in the amount of $7,330.32 (15% of Performance Bond)

If the maintenance bond required by this Resolution is not posted with the Township Clerk within forty-five (45) days after the adoption of the Resolution releasing the performance bond, the release is void. If there are insufficiencies or errors in the language of the bond submitted, the Township Attorney or Township Clerk may extend the said deadline in writing.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

RESOLUTION AUTHORIZING FILING OF THERAPEUTIC RECREATION GRANT WITH NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS – CAMP ROBIN

RESOLUTION #364-03

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

WHEREAS, the Township of Old Bridge desires to apply for and obtain a grant from the New Jersey Department of Community Affairs, for approximately $42,007.50 local share for a total contract of $182,437.50 in 2004 to develop a new Drama/Theatre program to include special and regular children participation. To continue existing programs that will the participants therapeutic recreation needs.

BE IT THEREFORE RESOLVED, that the Township Council of the Township of Old Bridge does hereby authorize the application for such a grant; and upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of the agreement; and also upon receipt of the fully executed agreement from the Department, does further authorized the expenditure of such funds pursuant to the terms of said agreement between the Township of Old Bridge and the New Jersey Department of Community Affairs.

BE IT FURTHER RESOLVED, that the persons whose names, titles and signatures appear below are authorized to sign the application and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith:

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

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

RESOLUTION ACCEPTING THE RESIGNATION OF RENT STABILIZATION BOARD MEMBER PAUL COHEN

RESOLUTION #365-03

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

WHEREAS, Paul Cohen is a member of the Rent Stabilization Board; and

WHEREAS, Paul Cohen wishes to tender his resignation as a member of the Rent Stabilization Board.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the resignation of Paul Cohen as a member of the Rent Stabilization Board is hereby accepted.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

AUTHORIZING THE PURCHASE OF OFFICE FURNITURE FROM ALLIED OFFICE PRODUCTS UNDER STATE CONTRACT

RESOLUTION #366-03

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

WHEREAS, the Township of Old Bridge wishes to purchase office furniture for the Finance Department under State Contract; and

WHEREAS, the Township of Old Bridge wishes to purchase office furniture for the Finance for the price of $20,247.85.

WHEREAS, the Township of Old Bridge wished to award the State contract for office furniture to the Allied Office Products located at 10 Delawanna Avenue, Clifton, N.J. 07014.

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

1. Allied Office Products is hereby awarded a contract in the amount of $20,147.85 for office furniture.

2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds #1140 certifying the existence of a sufficient appropriation to fund the said account.

3. The Mayor and Township Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract. The Township Attorney shall review any and all contractual documents prepared in furtherance of this award.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

BLOCK PARTY APPROVAL

RESOLUTION #367-03

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

WHEREAS, the residents of O’Keefe Lane have requested permission to close O’Keefe Lane for a block party to be held on July 4, 2003 .

It is a requirement of this approval that O’Keefe Lane 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, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT PODIUM: Councilman Testino.

Motion

Motion to table C-10 Opposing Legislation to Create a State Bureaucracy for Home Health Care made by Councilman Redmond, seconded by Councilman Calogera and so moved on the following roll call vote:

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

Nays: None.

RESOLUTION AUTHORIZING THE REJECTION OF ALL BIDS WITH REGARD TO BID #03-09 FOR THE 2003/2004 CURB REPLACEMENT CONTRACT

RESOLUTION #368-03

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

WHEREAS, the Township of Old Bridge solicited bids in connection with Bid #03-09 for the 2003/2004 Curb Replacement Contract; and

WHEREAS, three (3) bids were received for the 200/2004 Curb Replacement Contract; and

WHEREAS, the Township Engineer has recommended that all three (3) bids be rejected for the following reasons: (1) Two (2) of the bids were found to be unbalanced and (2) one (1) of the bids exceeds the engineer’s estimate.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the bids with respect to the 2003/2004 Curb Replacement Contract are hereby rejected.

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

AYES Councilmen Baker, Calogera, Greene, Hoff, Maher, Redmond, Councilwoman Panos.

NAYS: President Butler.

ABSENT PODIUM: Councilman Testino.

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

President Butler: I pulled this resolution because if we are going to reject Bid #03-09, and we rebid it will probably take about sixty days.

Alayne Shepler: No, we can have it rebid by next Monday and before the Council by the July 14th meeting.

Attorney Ruggierio: This is being rebid because the engineer has changed the specifications.

RESOLUTION AUTHORIZING THE CHIEF FINANCE OFFICER TO SET UP A RESERVE FOR PRELIMINARY COSTS IN AN AMOUNT NOT TO EXCEED $22,750.00 OUT OF THE CAPITAL IMPROVEMENT FUND FOR THE DEPOSIT ON THE PURCHASE OF THE NIKE MISSILE SITE

RESOLUTION #369-03

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

WHEREAS, the Township Council has previously authorized the acquisition of the former Nile Missile site known as Block 7000, Lot 4.14 and Lot 4.15; and

WHEREAS, the Township Council hereby acknowledges the requirement of preliminary costs to determine the scope and cost of a proposed undertaking; and

WHEREAS, the purpose of these preliminary costs are for the down payment towards the acquisition of the Nike Missile site from the U.S. Government and that the amount to be charged is for the purpose for which bonds may be issued under Chapter 2 of Title 40A; and

WHEREAS, a preliminary cost of 10% of the purchase price of the property is needed;

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

1. That the amount appropriated for preliminary costs shall not exceed $22,750.00 and the Chief Financial Officer is hereby authorized to set up a reserve for preliminary expenses out of the Capital Improvement Fund of the General Capital Fund.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

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

Councilman Maher: Do we have a preliminary plan with respect to the use of this parcel of land?

Mayor Cannon: It is in the area where we are looking to create a bypass to Rt. 516 and this would be an important link. Also, the five acre site in the front is a site very well suited for commuter parking. There is also a possibility to put a fire service or first aid service in this area.

Himanshu Shah: Can I request that the resolution I earlier handed out preceded the adoption of this because the certification of funds is subject to approval of that resolution.

RESOLUTION AUTHORIZING MAYOR & CLERK TO EXECUTE THE OFFER TO PURCHASE AGREEMENT FOR THE SALE OF THE NIKE SITE TO THE TOWNSHIP OF OLD BRIDGE

RESOLUTION #370-03

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

WHEREAS, the Township wishes to enter into an agreement with the United State of America to purchase from them property known as the Former Army Nike Missile Site #60, Control Area and Housing Site; and

WHEREAS, the U.S. Government wishes to sell said property to the Township of Old Bridge; and

WHEREAS, the Township wishes to authorized the Mayor and the Clerk to execute the Offer to Purchase Agreement for the Nike Site and forward a certified check for an earnest money deposit as required by said Agreement.

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

1. Authorization to enter an agreement with the U.S. Government is hereby granted.

2. The Mayor and Township Clerk are hereby authorized to execute the documents necessary to effectuate the Township’s participation in this agreement.

3. The Township Attorney shall review any and all contractual documents prepared in furtherance of this agreement and make corrections in conformity to said agreement.

4. The payment of an earnest money deposit is contingent upon the issuance of a Certification of Availability of Funds # certifying the existence of a sufficient appropriation to fund the required deposit.

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

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

NAYS: None.

No Discussion

RESOLUTION #371-03

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

WHEREAS, the Emergency Appropriation for Police Overtime has remaining outstanding balance; and

WHEREAS, it is necessary to formally cancel the outstanding balance listed below:

Police Overtime – Emergency Appropriation
Salaries & Wages $50,000.00

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed emergency appropriation totaling $50,000 be canceled.

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

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

NAYS: Councilman Maher.

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

Councilman Calogera: I want a clarification of what this cancels on the appropriation regarding overtime.

Himanshu Shah: If you recall a month ago Council adopted an emergency appropriation to cover additional overtime. At the time we told the Council we would review the account and if there was unspent balances we would cancel it; this is the result.

SP-1 – Memorialize Reduction of Performance Guarantee Town Center

John Vincenti: At a prior Council meeting there was vote by the Council to reduce the performance guarantee by 40%-50%. In our report we had indicated that there were significant portions of the improvements that were less than undesirable, however we had not gotten any comments from the adjourning property owners that were noticed or the tenants in the retail facility. The Council chose to reduce the performance guarantee in accordance with our recommendations at the time. We believe that at some point thereafter there was a discussion as to whether or not the tenants had been noticed as well. You tabled the resolution that had memorialized the reduction.

President Butler: What do you recommend we do?

John Vincenti: The question is whether or not the notice by the developer’s attorney is valid or not. It is clear in our ordinance that if this was a residential development the homeowners or property owners inside the development would have to be noticed. I guess it is a legal opinion, but does that transfer to the tenants in the shopping center and if it does, then the notice was inappropriate by the developer in this case. I can tell you right now that the tenants were not noticed.

President Butler: Do we need to table this now?

Councilman Testino: We need to move to reconsider this with the required notice.

Councilman Baker: That is what we did at the last meeting because I told you that the sidewalks were a mess and the tenants were not noticed. We do no have to do this again.

John Vincenti: I think that is a legal question.

Attorney Ruggierio: I was not aware this would come back to me but I have not analyzed the question and I am not comfortable and I ask that this be carried and I will review it.

President Butler: So we will carry this forward to the next meeting so Bill can do what he has to regarding this.

Clerk Saracino: No action was taken on the reconsideration itself and that would void out the approval of the reduction.

Attorney Ruggierio: I hear you but I think there are other issues involved and they have rights under the Municipal Land Use Law and they have obviously exercised them. The question of what our ordinance says exactly is prominent here. I am not comfortable making a decision here. I am sorry I should have realized this question would come up and prepared for it.

President Butler: We will just carry it to the next agenda.

President Butler Opened the Consent Agenda to the public.

Anita Clavering: I would like to comment on Resolution C-10 – opposing legislation to create a state bureaucracy for home health care, which should be renamed quality home care councils which are formed by consumers who are seniors and people with disabilities who are home care consumers as well as family members who hire home care aids without the controls of the corporations who actually take monies from them. I would like to ask who would choose the aids for the seniors and people with disabilities if the legislation is not passed in the state. These people want to make choices in how they want to manage their home care. They want the choice to hire and select quality aids. I have a lot of information from the New Jersey Quality Home Care Councils at home, I will gladly send copies to the Council before the next meeting. The seniors do have a right to oppose this legislation. However, I strongly believe that they as well as the Mayor and Council should educate themselves on the full facts on this legislation.

Councilman Redmond: This is the reason I pulled this resolution because the only thing we saw on this was something from the seniors. I would like to see a copy of this legislation

Hearings

H-1 Sideline Lounge, Inc., t/a Club 516

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

RESOLUTION #372-03

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Plenary Retail Consumption License for the period 2003-2004; 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 Eight Hundred Ninety-One Dollars and ninety-two cents ($1,891.92) 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 2003-2004, effective July 1, 2003 conditioned upon the following:

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

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

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

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

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

NAYS: None.

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

Councilman Calogera: Last Monday when we had our meeting these liquor licenses came-up, and I sat there without so much as one piece of paper of information on any of the licenses in this whole town. How are we supposed to make decisions if the police department does not give us any reports on what has transpired on those premises over the last year? We have to make decisions on these licenses and we no reports. I have some stuff now which is a computer print-out, but it is not what I asked for. I had asked for copies of the complaint forms.

Councilman Redmond: What is meant by zoning infractions?

Councilwoman Panos: Were any fines given for the infractions?

Councilman Redmond: Can we deny a liquor license renewal for any code infraction?

Councilwoman Panos: That would be at our discretion.

Attorney Ruggierio: The question is abstract. As it is put you would not be sustained if you revoked a liquor license based on this. The concern that was expressed by the Council previously is that you receive sufficient information in time for your June 30th consideration of these renewals and I think we can tighten up the type of information you get. If there is anything substantial, I am sure that the Director of Community Development, Mr. Vincenti can have that sent to the Clerk’s office so you can have that information.

Councilman Calogera: I do not want it to be discretionary as to who deems it necessary to send reports with regards to the liquor licenses. This Council needs these tools to make the necessary decisions. These reports should go to the Clerk’s office and should be available for review by the Council so they can make the correct decisions. We need information on violations, arrests, drug busts, in order to make these decisions.

Clerk Saracino: Mr. Calogera, on the reports that you are given you will note that the fire officials and health department, do make notations as to whether or not there are minor violations on the establishments. Code also sends us a report if they have a problem with any of the licensees and they notate it. I can understand that on the police that we don’t get the specific incident reports and we can request that, but we do get the reports and they are included in your packets.

Councilman Calogera: Who in the police department is responsible for saying it is okay for them to get a renewal?

Clerk Saracino: You would have to ask the chief, I do not know.

Councilman Testino: If you have to do a new resolution or ordinance, that has to go on to the next agenda and we have to get a written format. Typically, you don’t bring it up and vote on it the same night.

Clerk Saracino: I don’t think that you need a resolution at all, you just need to ask me and I will request from Ms. Shepler to get us the reports.

Councilman Redmond: I received as everyone else did copies of reports from the police and I just want to remind my fellow council members that if we turn down a license, nine out of ten times it goes to the ABC and they shoot it right back. We have better power here by putting restrictions on certain licenses such as asking for more security, asking them to comply with directives from Mr. Serdinsky and Mr. Vincenti.

Councilman Hoff: These people’s license expire in seven days, we need to take action on these.

Clerk Saracino: I have spoken with the tax investigator at the Division of Taxation regarding this license, our normal procedure is that we receive a tax clearance certificate prior to acting on the renewal. I am told by the investigator that approval has been mailed out but I have not received it yet. You can accept it that way because I do have their word on it.

Attorney Ruggierio: I think that you can certainly approve this subject to the Clerk receiving the tax certificate within ten days.

Councilman Calogera: There is a complaint with reference to Club 516 on January 18, 2003, by one of our police officers that they were using Browntown Inn and Country Thyme Bar checks, is there cross references or cross owners or partnerships involved in these establishments. If that is the case this should be listed on their applications and updated because it does not show it on the current license applications.

Attorney Ruggierio: If what you say is true, then the application on file with the Clerk’s office should have all this information, if it does not then you can take cognizant action.

Councilman Testino: That means that they stopped in a checked the facility, it has nothing to do with checks.

Councilman Calogera: That is what I did not understand.

H-2 TMJ Corporation t/a After Dark

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

RESOLUTION #373-03

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

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

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

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

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

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

NAYS: Councilman Calogera.

ABSENT PODIUM: Councilman Testino.

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

Councilman Calogera: In the period of one year there were 116 police calls to your bar.

Wayne J. Peck, Esq.: I am appearing on behalf of the applicant. Most of those calls related to incidents such as people locking their keys in the car. There was only one incident that related to anything of substance and so that Council is aware, two cars pulled into our lot, where the occupants got out and apparently continued an argument that had begun somewhere else and it was our security that called the police. As you know with these types of establishments that have late closing you will have these type of incidents that require police attention, but they do not result in any kind of legal action. It is the police assisting the establishment. We are not aware of any incidents other than the one I indicated where we had actually made the phone call.

Councilman Calogera: We have some reports of fights on several occasions and police were called and people were arrested.

Attorney Peck: Our license was renewed as of June 30th last year and that is when the restrictions were put in place because of on-going concerns of incidents there. I would like to point out to the Council that since that time my client on his own instituted a cover charge so as to attempt to elevate the level of the occupants so people were coming more for the entertainment than to cause trouble. In addition, a dress code has been implemented and strictly enforced towards the same result. I do believe that those fight incidents were in the prior year.

Councilman Calogera: I know you have instituted a number of things. I don’t know if things are working as well as hoped.

Councilman Redmond: I count 17 arrests at your establishment, more than any other establishment, this is from June 17, 2003 and goes back to June 17, 2002. Evidently, your security plan is leaving something to be desired.

Attorney Peck: Our license was renewed June 30, 2002 and that is when the restrictions were put on it. The June 17, 2002 incident is what prompted the restrictions to be put on the renewal. There was a large incident that occurred in our parking lot that involved an individual who was apparently well known and there is a civil action pending with it, that is the July 13th incident. All the conditions requested by the Council at that time were complied with.

Councilman Redmond: What I am saying is perhaps the security has to be increased or reviewed by our Director of Public Safety. You also had an overdose report on August 28, 2002.

Attorney Peck: It does not say that in the report. It states female dancer possibly overdosed, one of the patrons called because he was worried about her. It says no report taken and it does not specify if she did in fact overdose.

Councilman Redmond: I will concede to that, but there still are quite a few arrests and of concern to us.

Councilman Hoff: I have heard Mr. Redmond and Mr. Calogera go on and on, we have restrictions on these license. We have to get reports from the police to find out the particulars on the police calls regarding whether they are going there because there is trouble or because they need help. In the meantime, let’s pass this resolution with the conditions as listed.

Attorney Ruggierio: The Clerk has a good suggestion that perhaps you should take all the other liquor license renewals that do not need discussion before we proceed to the hearing on the Breakfast Club renewal.

Liquor Licenses:

RESOLUTION GRANTING NEW RESOLUTION FOR OLD BRIDGE LION’S CLUB #1209-31-044-001

RESOLUTION #374-03

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

WHEREAS, the Lion's Club of Old Bridge, Inc. located at Box 201, 46 Madison Avenue, Old Bridge, New Jersey, alcoholic beverage license #1209-31-044-001 failed to renew in a timely manner for their 2002-2003 liquor license; and

WHEREAS, the N.J. Division of Alcoholic Beverage Control requires a resolution of the Township Council granting permission for the Lion's Club of Old Bridge, Inc. to file for a new license with the division.

WHEREAS, the Township Council, on March 10, 2003, by resolution number 160 granted permission to the Old Bridge Lion’s Club to file an application for a new license.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Lions Club of Old Bridge, Inc., license #1209-31-044-001 is hereby granted permission to file with the New Jersey Division of Alcoholic Beverage Control for a new club license.

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

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

NAYS: None.

RESOLUTION RENEWING PLENARY RETAIL CLUB LICENSE LION'S CLUB OF OLD BRIDGE, INC., #1209-31-044-001

RESOLUTION #375-03

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

WHEREAS, the applicant listed below has applied to the Township of Old Bridge in the County of Middlesex, State of New Jersey for the renewal of their Plenary Retail Club License for the period 2003-2004; 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 and no cents ($150.00) and no objections have been received to the renewal of said license.

State License # Licensee
1209-31-044-001 LION'S CLUB OF OLD BRIDGE
46 Madison Avenue, Box 201
Old Bridge, New Jersey 08857

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Baker, Testino.

RESOLUTION RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-002-001, ARKAY BAR (INACTIVE) (SPECIAL RULING)

RESOLUTION #376-03

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

WHEREAS, licensee has received a Special Ruling from the Director of the Division of Alcoholic Beverage Control to permit the filing of a renewal application of an inactive license for the 2003-2004 licensing term pursuant to N.J.S.A. 33:1-12.39.

State License # Licensee
1209-33-002-001 Arkay Bar, Inc. C/o Robert Bier
14 Johnson Circle
Morganville, N.J. 07751

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Baker, Testino.

RESOLUTION RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-007-004, JANELA, INC. (INACTIVE) (SPECIAL RULING)

RESOLUTION #377-03

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

State License # Licensee
1209-33-007-004 Janela, Inc.
700 Route 18 North
East Brunswick, N.J. 08816

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Baker, Testino.

RESOLUTION RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-008-002, VITALE'S BAR & GRILL, INC.

RESOLUTION #378-03

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

State License # Licensee
1209-33-008-002 Vitale's Bar & Grill Inc.
T/a Vitale's Bar & Grill
1194 Englishtown Road
Old Bridge, N.J. 08857

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Baker, Testino

RESOLUTION RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-030-003, R. FLYNN ENTERPRISES, INC.

RESOLUTION #379-03

BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of 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, N.J. 08857

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

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

NAYS; None.

ABSENT PODIUM: Councilmen Baker, Testino

RESOLUTION RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-033-006, BROWNTOWN INN CORP.

RESOLUTION #380-03

BE IT RESOLVED, by the Township Council of the Township of Old Bridge, County of Middlesex, State of 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, N.J. 08857

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

AYES: Councilmen Greene, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: Councilman Calogera

ABSENT PODIUM: Councilmen Baker, Testino.

RESOLUTION RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33B034-006, N.J. RESTAURANT SERVICE CORP., INC.

RESOLUTION #381-03

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

State License # Licensee
1209-33-034-006 N.J. Restaurant Service Corp., Inc.
T/a Country Thyme Restaurant & Bar
1696 Englishtown Road
Old Bridge, N.J. 08857

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

AYES: Councilmen Greene, Hoff, Maher, Redmond, President Butler.

NAYS: Councilwoman Panos

ABSENT PODIUM: Councilmen Baker, Calogera, Testino

Motion

Motion to reconsider LL-7 – Country Hearth, Inc. t/a Marlybone Pub made by Councilman Hoff, seconded by Councilman Redmond and so moved on the following roll call vote:

AYES: Councilmen Greene, Hoff, Maher, Redmond, Councilwoman Panos, President Butler.

NAYS: None.

NO VOTE: Councilmen Baker, Testino

ABSENT PODIUM: Councilman Calogera

RESOLUTION RENEWING PLENARY RETAIL CONSUMPTION LICENSE #1209-33-009-002, COUNTRY HEARTH INC.

RESOLUTION #382-03

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

State License # Licensee
1209-33-009-002 Country Hearth Inc.
T/a Marleybone Pub
238 Highway 34
Matawan, N.J. 07747

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

AYES: Councilmen Greene, Hoff, Maher, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

NO VOTE: Councilmen Baker, Testino.

ABSENT PODIUM: Councilman Calogera.

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

Councilman Hoff: I have a problem with this. I remember ten years ago we denied this license because of problems. They asked us to be nice to them and give them a break and they told us they were going to expand and put in a European style restaurant. I have seen no changes over time and I have complaints from neighbors that the noise outside is distracting.

Leslie Sorrentino: I am representing the Marleybone Pub. I have never had any complaints from neighbors. I run a quiet establishment and when you state that we were going to change it into a restaurant, that was twenty years ago. In 2004 it will be thirty years that we have this license. We thought about it but it never materialized we could not make a living that way.

Councilman Hoff: We denied your license three years in a row.

Leslie Sorrentino: You did give me some problems awhile ago, but we have complied with all the conditions and have done a pretty good job. I really don’t feel that we have a problem. The police do not come to the establishment a lot and basically everything is quiet.

Councilman Hoff: I know that, but I did get calls and that is why I brought it up to the Council.

Leslie Sorrentino: Perhaps you should have told me so that I could correct any problems. We are closed by 2 a.m. and we have not had any complaints.

Councilman Hoff: Well, perhaps you can tell your patrons to tone it down when they leave your place.

Leslie Sorrentino: I certainly will.

H-3 BREAKFAST CLUB

Attorney Ruggierio: This is a matter which came before the Council regarding New Jersey Wines & Spirits Inc., t/a Breakfast Club. I think that once we take appearances I would like to address the Council about the issues that I have seen in the paperwork. Obviously, this is an open hearing regarding the issues in the paperwork although there may be other issues. Once you conduct this hearing, the question before you will be whether or not you want to take action on the license either to condition it or take some more severe action.

James V. Segreto, Esq.: My firm is the attorney of record for the Breakfast Club. With me is David Bruins, Esq., an attorney in my office, who has also worked on this case. We are in receipt of a letter dated May 13, 2003 from the Township Clerk indicating that the Township has received repeated complaints and we are prepared to listen to any evidence that has been submitted and we want to exercise our right to cross examine anyone who offers any evidence in this proceeding. We are prepared once all the testimony and objection, criticism or comment has been put on the record, we will then put the witnesses on the stand. It is my understanding that the County Health Officer who did the decibel reading concerning noise is on vacation and if the board is not prepared to admit into evidence his written report which found there was no violation of the decibel level of the noise code, we would want a continuance until he is able to appear. I have listened with interest to some of the comments of the governing body regarding other liquor license applicants and that they had documents that had been furnished to them. We are of the opinion based upon the reported decisions of the United States Supreme Court as well as the New Jersey Supreme Court and the Appellate Division that we have a right to a full fledged due process procedure hearing which includes at a minimum an opportunity to cross examine any witnesses who give adverse testimony, as well as have the right to any documents which may have been distributed to the board and with that in mind my first request is that before we proceed with any evidence that we be furnished copies and any documents that any member of this board has received from whatever source so that we can have an opportunity to examine those documents. A few things have come to us and we have those, but if you have any other documents then we will need to be copied.

Attorney Ruggierio: First of all, let me say and I have consulted with the Clerk and we are not aware of any documents that may exist other than the ones that have been transmitted to you. If I can focus the Council on the three issues that I see here I think it would be helpful in confining this hearing to the main issues. In my conversations with Mr. Segreto or Mr. Bruins earlier in the year before the closing on this property and it was my understanding that we would be supplied with the closing documents showing loan requirements controlled by any persons loaning money for this purchase. There is no objection to that is there?

Attorney Segreto: What I can tell you is this, the ABC regulations in terms of financial disclosure apply when an application for a person-to-person transfer occurs and it applies only to that type of application. In our case we acquired an interest in an existing corporate license and I can represent to you and I would be pleased to send you a copy of the documents which reflect that the prior owner of all of the stock is the person who conveyed all of their interest to Mr. Van Leeuwen and Mr. Van Leeuwen owns 100% of the all the stock of the corporation.

Attorney Ruggierio: I don’t think there is any question on that element. The issue that I was raising earlier and I raise it again tonight is the extent to which there may be control by others who have loaned money for the acquisition. Therefore, I have asked that you supply the information to me. I am asking for the loan documents that facilitated this transaction and any control issues that might be associated with those loans. Is this objectionable?

Attorney Segreto: Well, yes because if you are asking me to furnish you with any documents which reflect an ownership interest in this particular corporation, there are none. There are no other owners in this establishment. Monies were lent, but that does not rise to the level of an ownership interest; there are no other owners in this license other than Mr. Van Leeuwen.

Attorney Ruggierio: I hear you sir, and I do not want to prolong this matter, but I will say this to you, unless we can confirm what you are saying by looking at the documents, it is difficult for me to accept what you are saying that there are no other control or ownership issued in the loan documents. Should this matter go on to the ABC I think that we will be entitled to get those documents.

Attorney Segreto: That was not one of the issues that was noticed to us in the letter of May 13th.

Attorney Ruggierio: I think I made that request clear months ago. As to the issues that are before the Council tonight, there are two issues that I think may be important for the Council to hear about. The first issue involves the capacity limits of the building with regard to how many occupants the building can have as a maximum under the fire codes and what measures if any are being taken to comply with those limitations. The second issue is there are restrictions as evidenced in these documents that there is only parking on site for 134 occupants of the building. Thirdly, the Council would like to hear some information about what measures are being taken by your client with respect to security. This is my assessment of what I think were the concerns in the documents, and I think for us to get out of here at a reasonable hour that we should focus on these issues.

Attorney Segreto: I will respond to each of these issues when the evidence has been presented and I have had my opportunity to cross examine any witnesses. I also have here this evening Frank Melleto a licensed architect who will give testimony concerning occupancy. We will also give the report from the code officer of the requirements under the ordinance for the designated uses of the premises and our compliance with same. I am very anxious to know that if members of the Township Committee or Township officials have as indicated in the May 13th letter received repeated complaints about traffic and parking problems and we would not want you to rely upon those complaints because anyone who made them has a responsibility to be made available for our cross examination.

Attorney Ruggierio: The Council fully expects you to address these issues. I don’t expect anything less.

Councilm