Old Bridge Township, New Jersey - March 13, 2000 Minutes

A Regular Meeting of the Township Council of the Township of Old Bridge was held in the Municipal Complex on March 13, 2000. The meeting was called to order 8:03 p.m. by President Maher who invited all in attendance to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk, Stella Ward announced that this meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio and President Maher.

Councilman Testino requested a moment of silence to remember the late Councilman Peter A. Mannino who passed away February 26, 2000.

Approval of Minutes

RESOLUTION #124

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

The following minutes are hereby approved

January 24, 2000 - Combined

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

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Bill List

RESOLUTION #125

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 March 13, 2000 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 March 13, 2000 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 $7,084,965.75 (Accounts Payable).

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

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Bill List

RESOLUTION #126

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

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Bill List

RESOLUTION #127

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

AYES: Councilmen Butler, Cucchiara, Redmond, Sohor, Testino, Councilwoman Marinaccio.

NAYS: Councilmen Hoff, President Maher.

Clerk's Report

MONTHLY REPORT OF COLLECTIONSOF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of February 2000:

DOGS:
1433-2151 $5,600.00

CATS:
493-496 $24.50
493 replacement

BINGO/RAFFLES:
RA29-00 Cheesequake Baseball (add'l) $10.00
RA36-00 Sisterhood Temple Beth Ohr n/c
RA37-00 JCC of Central Jersey 3$0.00
RA38-00 Collier School $10.00
RA39-00 St. Ambrose Home School n/c
RA40-00 Applegate School $10.00
RA41-00 Collier School $10.00
RA42-00 OB PTA Pres Council n/c
RA43-00 OB PTA Pres Council n/c
RA44-00 Bayshore Helenic Women Assoc $60.00

$130.00

LICENSE:

VENDING
Amusement - 5 @ $25.00 each $125.00
Soda - 9 @ $10.00 $90.00
Candy - 54 @ $5.00 $270.00
Food - 3 @ $25.00 $75.00

LIMOUSINE
Shobeer $35.00
Ahmed $35.00
Sayyed 3$5.00
Browntown Bus $35.00
Zusman $35.00
Unique Limo $35.00
Simply First Class $70.00
Rauf $35.00
Wojski $35.00
Queshi $35.00
Haggi $35.00
Kahn $35.00
Libin $35.00

HOT DOG
#167 Nina's Texas Weiners $50.00
#168 (has not been signed yet)
#169 Don's Dogs $50.00
Christine Loudin $50.00

USED CAR
#262 Daron Motors $500.00
#263 Gene's Auto $500.00
#264 South Fork $500.00
#265 Fuzzy's Transmission $350.00
#266 Ida's Automotive $350.00

$3,400.00

LIQUOR LICENSE
1209-33-003-001 Ged Corp Transfer $131.38

SEARCH
1, 2, 3-00 $30.00

MAPS
2 street maps $10.00

MISCELLANEOUS:
Photocopies & Postage $45.50
Fisher Bros/Lowes Appeal fee $300.00

Total: $9,671.38

Deputy Clerk Ward: Three names were submitted to the Township Council for consideration in filling the council vacancy in ward five. Whoever the Council selects will serve until the general election. Petitions will be accepted from both parties. The deadline for filing petitions is Thursday, April 13, 2000 by 4:00 p.m. The person who is successful at the general election will serve the remainder of the term. The school board election is next month. The deadline for registering to vote for the school election is Monday, March 20, 2000. Our department will be holding a spring rabies clinic this year, Wednesday March 29th at the Public Works Building, dogs between 6 and 8 p.m. and cats 8 - 9 p.m.

MOTION

to accept the report of the Clerk by Councilman Butler, seconded by Councilman Sohor and so accepted on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Attorney's Report

Attorney Ruggierio: On April 10th the Conde case is scheduled for trial, it appears that it will be tried in front of Judge Wolfson. The Hannigan trial is set for May 8th. The deadline for a number of items (I gave council a copies of these) I have been complying with those deadline; not the least of which is to turn over numerous documents and file certain motions by this Wednesday. The other matter that is pending some resolution by the court is the Sommer Bayfront acquisition, which is turning into a major case over a $200,000.00 acquisition, I am sure that the defendants will have spent that soon.

Councilman Testino: Do you agree with the dates for action by the council on the replacement for Mr. Mannino's seat? Is there a reason to act on tonight?

Attorney Ruggierio: I don't believe so but I will get you an answer before the end of the night.

Councilman Hoff: We have 30 days from the time of the nomination.

Attorney Ruggierio: I agree with the conclusion that this position would ultimately be filled through a primary election and general election. The deadlines that Ms. Ward spoke about seem correct.

MOTION

to accept the report of the Attorney by Councilman Testino, seconded by Councilman Sohor and so accepted on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Preliminary Public Comments

President Maher: I notice that there are a number of people signed up to speak at this portion from School House Lane. I will ask that you refrain from discussion now and hold off on your comments until the hearing which is scheduled for tonight. I have also been advised by counsel that you have to comment only on what is on the record to date. You cannot bring in any new information.

Bonnie Anderson: I was here in December regarding the Genoa section. Nothing has been done regarding the water and sewer or cleaning up the abandoned house at 22 Naples. The streets have not been cleaned and neither have the abandoned lots. 22 Naples is owned by the Township and is being used as a dump site; there are cars, engines, furniture - it is a disgrace, there is an individual who resides in this home. I have called the police several times and nothing has been done. I received a letter in about upgrading the park across the street, why would you upgrade the park with that house across the street, it would not be safe for our children. I want to know what steps we have to take to let you know that we are completely serious.

President Maher: I saw a report on the sewer connection, I was under the impression that you saw that report also.

Ms. Anderson: That was investigated years ago, there was nothing new in there. This is old news.

Mayor Cannon: It may be old news but it is still the same situation and they have to identify the most cost effective way and then look for funding.

Ms. Anderson: How long does that take it has been going on for years, I spoke to Joe Hoff in the early 90's.

Mayor Cannon: I think that the situation has changed a little since then because the area has become built up and there are more options available. We are in touch with the MUA and they are working on in. As far as the cleanup, if 22 Naples is a problem we have to get out there, some of the other lots you mentioned are not Township property, certainly the owners have to be notified and they have to clean it up, or the Township will and then bill the owners. I promise we will be in touch with you in the next week or two and get those items cleaned up.

President Maher: I would like Ms. Anderson to see the report from the MUA.

Mayor Cannon: Yes.

Councilman Redmond: I would like council to get a report on the lots that the Township do own and if there is a problem with dumping and if people are living there.

Ms. Shepler: As you know Habitat for Humanity came out to address this council and I have been working with Colleen Flynn on this. 22 Naples is owned by the Township and has been cleaned many times because I have physically been out there myself, we have in fact had squatters in there. Every time I received a report, which is usually someone from the area who calls; I have not received any phone calls, I send the police out and as I said we have cleaned that place three or four occasions. I will sent a note to the police again. 22 Naples is one of the streets that I was thinking of asking council to turn over to Habitat, that is a project that they are very interested in doing. The house itself is not fit for rehab, they are willing to demolish it and to build affordable housing on the lot. We own about 10 or 15 lots throughout Genoa, I have been working on putting together a package in terms of affordable housing. I was hoping to have that by next council meeting; at least the transfer of Naples.

Councilman Redmond: Are there other lots that we own covered in garbage?

Ms. Shepler: Not that I am aware of.

Ms. Anderson: They only went to Biondi, no further.

Ms. Shepler: I will have Rocky take a look.

Councilman Testino: I want the police to start an investigation into who is dumping on Naples.

Councilman Hoff: The biggest thing that we are arguing about is cable and sewer in Genoa and we are still fighting week after week with cable. The sewer won't really be resolved until we find out what will happen with the land that lays between Bridgepointe and Genoa. We will know what plans to use as soon as the Alfieri property is resolved. I think at that time we will quickly be about to tie into that sewer system. I do not know when it will happen, but the way that they are working it must be pretty soon. The cost to each homeowner will be probably around four or five thousand dollars. I can see it in the future. I have been fighting for Cablevision for well over a year in Genoa, we have not forgotten the Genoa section.

Councilman Butler: I would like to see us put together a punch list and add it to our agenda and keep this on an ongoing basis. Did you ever meet with the officials of the MUA?

Ms. Anderson: No.

Frances Bran: 27 Annie Drive, Oxford Estates - I urge the council members to come to Oxford Estates and do an inspection about the lawn cracking. I believe that a Mr. John Amabile came to my house and said that the Township will not get involved. The Township issued a C of O for my house and I think that the Township is responsible for my house.

President Maher: I spoke to you today and told you that I would visit your home at your convenience.

Ms. Bran: Has anything come up on the release of the bond?

Mr. Iglesias: They haven't asked to be released.

President Maher: Can you explain the process to Ms. Bran.

Mr. Iglesias: When a builder wants a reduction or release he is required to notify all homeowners. The homeowner, developer can come to my office to discuss any problems with the that we will try and work out. If you we cannot resolve it at that time you are welcome to come before council.

President Maher: Ms. Bran told me that she has a lot water in her basement and I do not think that it acceptable. I want someone from your department to go out there tomorrow.

Ms. Bran: There is a report by Mr. Amabile stating that it is very hard to find a dry basements in New Jersey.

Mr. Iglesias: That is quite possible. Most of the new homes that are built have sump pumps.

Ms. Bran: I have one.

Mr. Iglesias: That is the only guarantee that you have to keep the water away.

Raymond Rodriguez: Oxford Estates, I too have problems in my basement. The builder just strings us along. In many cases the first year warranty has expired. Mine expired fifteen days ago and I am no longer covered because I have been strung along by the builder.

President Maher: Does the engineering department have copies of your complaints?

Mr. Rodriguez: I will make sure that he does. There is green wood in the homes and the studs are twisted.

Mayor Cannon: Did you notify your homeowners insurance about any of these problems?

Mr. Rodriguez: No.

Mayor Cannon: We will send a building inspector.

Thomas Roszkowson: I just want to assure the township that the Old Bridge Wings Youth Hockey are not leaving Old Bridge.

George Koehler: I tried calling Cablevision today to find out what type of plan I had so that I would know where my channels are going to be, the young lady read from a script and could not answer my question. They suggested that I try their website; which I did. We have had two rate increases in one year and I think that one of their problems is that communication with the public is not very good.

Philip Tanala: I have a petition with over 300 signatures to petition the DEP to decommission that dam from Logan Lake that burst. In order for the DEP to accept this we need to have a certified engineer fill out the form and submit a report. The residents of Cheesequake Village would like the township to lend us their Engineer, it has been done before and been very helpful. If Cheesequake Village had to hire an engineer it would cost us between $60,000-$180,000.00.

Councilman Hoff: Assemblymen Thompson & Senator Kyrillos have been made aware of this. This dam was build by the Arrowsmith family for strawberries and raspberries, that was the only use and it is not used any longer. There is no reason to keep that dam.

Mr. Tanala: The Division of Dam Safety has notified us that many of the township storm drains empty into that tributary. Logan's Lake is not even shown on the map.

Councilman Hoff: If it needs storm piping that is another thing and our engineering department will be able to determine that.

President Maher: Can we have the engineering staff investigate this to see if we have the expertise and skill to do this. I want a report at the next council meeting.

Mayor Cannon: We can evaluate it but we also have to look into the legal ramifications. Is the direction that you are heading to decommission the dam?

Mr. Tanala: Yes. We have reached out to Congressmen and engineers and that seems to be the way to go.

Mayor Cannon: Give us copies of the forms that you have.

Councilman Testino: I would like the legal department to review our options so that we can cut down on the time that we need to deal with this matter. What is the deadline from the DEP?

Mr. Tanala: We have received three extensions, so far.

Councilman Butler: Have you met with the senator and two assemblyman?

Mr. Tanala: Yes, we have a map. 60% is on Barclay Square property, but the dam itself is on our property. Barclay Square homeowners will not share in our expense.

Michael Dwyer: I am here to talk about the vacancy that was created by the untimely death of Peter Mannino. You have received a list of three names, all three individuals are competent, qualified and involved in the community. You really couldn't go wrong by picking any one of them. However, I think that this time council is in a really unique position because we had a recent election and one of the three was a participant in that election. Six people ran for council, the winners were sworn in only a couple of months ago. If you review those election results from that election what you will find is that the people of ward five sent a rather loud and clear massage. Rich Greene was the number one vote getter in ward five. The people in ward five clearly want Rich Greene to represent them on this council. I think that if you really believe in democracy; as elected officials, you should. You were put here by the voters, clearly, majorities of the voters of this township put you here. I think that what you have here is a very recent statement from the voters of ward five saying that they want Rich Greene to represent them. I hope that each one of you will think about that when you decide who you are going to choose to fill that vacancy. It is an important seat, the people of ward five came to rely on Councilman Mannino, that was important to the voters and I hope that you will all think about that when you cast your votes. Thank you.

Barbara York: Chairwoman of the Transportation Committee; We have spoken at our meetings many times about contractors opening up our roads to install pipes. They just opened up Marlboro Road and I urge the council to ride on that road to see the patch job that they did. We have discussed making the contractors responsible to make sure that the roads are restored to the original condition.

Beth Rose: I am representing the Old Bridge Marching Knights; last year we came before the council to ask for a donation and they were kind enough to give it to us. We are asking again if you could help us again. I understand that there are guidelines, maybe it is time to revisit them.

Councilman Testino: Was there a letter sent to Mr. Badcock to request the funding?

Mr. Badcock: I forwarded it to the council and there is also a memo from the recreation board requesting that you review this. The guidelines as they are currently do not include this type of competition. We have to revise the guidelines.

Councilman Testino: Are you saying that they are not sure how to deal with it or that they are not recommending it?

Mr. Badcock: They don't recommend it under the way the resolution is written, it is not that they don't recommend it.

Councilman Testino: Can you ask the committee to see how we can change the guidelines to meeting something that is not a sporting activity. When is the competition?

Ms. Rose: In April, we have to make our final payment next week.

Councilman Testino: I would ask that we give them our support, I think it was $1,500.00 last year.

Ms. Rose: There are 75 students involved this year.

Mr. Badcock: You set it up for $200.00 maximum per child up to a total of $3,000.00, the reason that you did is because there was only $10,000.00 in that line.

Ms. Rose: We have to make the final payment next week.

President Maher: We can take action on this next Monday night.

Mr. Badcock: You have to amend the resolution.

Councilman Testino: I am asking that we give them some type of support.

Mr. Badcock: That is your decision; I am just saying that you can amend the resolution to head off future problems.

Councilman Testino: We can also waive those requirements for this organization until you are ready to recommend amendments. It is only by resolution that we set the other criteria.

Attorney Ruggierio: Yes, I am sure that committee is going to do this. When you relax the requirements you end up opening it up to a lot of other groups, you are then going to have issues and I think that you need to give a little more thought to merely saying that you are going to include regional competition.

Councilman Testino: I fully intend to fund this organization so I ask you to find a way.

Councilwoman Marinaccio: Is the committee going to take a look at changing the wording?

Mr. Badcock: They have taken a look and what they are saying is that they don't agree with funding this last year and they don't agree that this group meets the criteria of this resolution.

Councilwoman Marinaccio: Is Bill going to take a look at this? We are dealing with Old Bridge High School, it is publicity for the township. Can Bill take a look at the wording to get it in such a way so that we can put it through automatically?

Mr. Badcock: The only thing that Bill is saying is that you only have a certain amount in this line item and the way it was set up for national, so that there would only be so many to qualify. Just so you know that you may have more requests from other groups.

Councilwoman Marinaccio: I want to find an exception when we are dealing with the High School.

Mr. Badcock: No one is denying the value of this organization, it is just that it does not meet the resolution as it is written. It is the council's prerogative to amend the resolution.

Councilman Testino: It should address the different type of competitions, this is the highest level that this organization can go to.

Ms. Rose: I am confused as to what you are doing.

President Maher: It is on, for action at the agenda meeting for next week.

Seeing no hands President Maher closed the public portion

Councilman Testino: Mr. President; can we move up the public hearing on the Judge since he is here and has been waiting.

Hearing

Public Hearing and Appointment - Chief Judge

James F. Weber: I was born in Sayreville in 1961 and went through the Sayreville school system, graduated in 1979. I graduated Kean University in 1983. I graduated Seton Hall Law School in 1987. I began practicing law with the firm Toolan, Abbott, Ziznewski & Hollander; I became a partner in 1990. I started my own firm in 1994. I was appointed to the Sayreville bench in 1995. I recently became the Chief Judge in Sayreville with Judge Toth's departure. My practice is litigation when I am not judging on Tuesday nights in Sayreville.

Councilman Butler: I think that we have a young woman who has been sitting as a judge for a year, was she not considered for this position, Mayor?

Mayor Cannon: She was only recently appointed and she has only served for a year and I felt for a Chief Judge position we would like someone with a bit more experience.

Judge Weber: I have filled in on approximately thirteen courts in Middlesex County over the last five years.

Mayor Cannon: He has more experience.

RESOLUTION #128

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

James F. Weber be appointed Chief Municipal Judge for a term ending 12/31/02

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

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Prior to the vote the following discussion took place.

Councilman Testino: I am familiar with Judge Weber, he is well known in the legal community, he has a stellar resume and has provided us with the questionnaire, there has been a thirty day period for any comments to come in. I think that he would be good for Old Bridge.

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

Ordinances for First Reading

Amend Section 7-16 of the General Ordinances - Pet Adoption Fees

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 05-00

ORDINANCE AMENDING SECTIONS 7-16 AND 7-17 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE
TO INCREASE KENNEL FEES AND INSTITUTE FEES FOR PET ADOPTION

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 amend the sections 7-16 and 7-17 of the Code of the Township of Old Bridge in order to increase kennel fees and institute fees for the adoption of animals from the Township of Old Bridge kennel.

Section 2: Amendment

Sections 7-16 and 7-17 of the Code of the Township of Old Bridge are hereby amended by substitution as follows:

7-16 Fees.

Upon receiving any animal in custody brought to the shelter by an owner or person (except an Animal Control Officer, Police Officer or other employee or enforcing agent of the Township of Old Bridge), the following schedule of fees shall apply to the use of the shelter:

a. Redemption of Unsupervised Animals.

1. For the first redemption of any animal housed in the shelter: Twenty-five Dollars ($25.00) plus Eight dollars ($8.00) per day board fee.

2. For the second redemption of any animal housed in the shelter: Fifty Dollars ($50.00) plus Eight dollars ($8.00) per day board fee.

3. For the third redemption of any animal housed in the shelter: One Hundred Dollars ($100.00) plus Eight dollars ($8.00) per day board fee.

4. For redemption of any animal picked up pursuant to an emergency call: Fifty dollars ($50.00) plus administration fees, Eight dollars ($8.00) per day board fee, and applicable redemption fee.

b. Daily boarding charge, per animal per day: Eight dollars ($8.00).

c. For the picking up of any animal at a private place for either the owner or custodian of an animal: Twenty-Five Dollars ($25.00), plus all surrender fees, during normal working hours; Fifty Dollars ($50.00), plus surrender fees, during non-working hours.

d. For receiving unwanted animals brought to the shelter:

1. Kitten less than nine (9) week's old: Ten Dollars ($10.00).

2. Cat ten (10) weeks to six (6) months: Thirty Dollars ($30.00).

3. Cats more than six (6) months: Forty Dollars ($40.00).

4. Small and medium dogs: Fifty Dollars ($50.00).

5. Large dog: Sixty Dollars ($60.00).

6. Extra large dog: Seventy Dollars ($70.00).

7. Huge Dog (100 or more pounds): Eighty Dollars ($80.00).

8. Out of town - space available: One-Hundred Dollars ($100.000).

9. Keep for adoption - space available: Thirty-Five Dollars ($35.00) per week.

e. Special Services.

1. Holding quarantined animals to be returned to owner:

a. Kitten less than nine (9) week's old: Ten Dollars ($10.00) plus Eight Dollars ($8.00) per day board.
b. Cat ten (10) weeks to six (6) months: Thirty Dollars ($30.00) plus Eight Dollars ($8.00) per day board.
c. Cats more than six (6) months: Forty Dollars ($40.00) plus Eight Dollars ($8.00) per day board.
d. Small and medium dogs: Fifty Dollars ($50.00) plus Eight Dollars ($8.00) per day board.
e. Large dog: Sixty Dollars ($60.00) plus Eight Dollars ($8.00) per day board.
f. Extra large dog: Seventy Dollars ($70.00) plus Eight Dollars ($8.00) per day board.
g. Huge Dog (100 or more pounds): Eighty Dollars ($80.00) plus Eight Dollars ($8.00) per day board.

2. Holding quarantined animals for subsequent adoption or euthanasia:

a. Kitten less than nine (9) week's old: Ten Dollars ($10.00) plus appropriate surrender fees.
b. Cats' ten (10) weeks to six (6) months: Thirty Dollars ($30.00) plus appropriate surrender fees.
c. Cats more than six (6) months: Forty Dollars ($40.00) plus appropriate surrender fees.
d. Small and medium dogs: Fifty Dollars ($50.00) plus appropriate surrender fees.
e. Large dog: Sixty Dollars ($60.00) plus appropriate surrender fees.
f. Extra large dog: Seventy Dollars ($70.00) plus appropriate surrender fees.
g. Huge Dog (100 or more pounds): Eighty Dollars ($80.00) plus appropriate surrender fees.

3. Euthanasia and disposal:

a. Kitten: Five Dollars ($5.00).
b. Cat: Fifteen Dollars ($15.00).
c. Small dog: Fifteen Dollars ($15.00).
d. Medium dog: Twenty Dollars ($20.00).
e. Large dog: Twenty-Five Dollars ($25.00).
f. Extra large dog: Thirty Dollars ($30.00).
g. Huge dog: Thirty Dollars ($30.00); disposal of body: Twenty Dollars ($20.00).
h. Tranquilizer, if needed: Fifteen Dollars ($15.00).

4. Transportation of animal head to Trenton for rabies examination: Twenty-Five Dollars ($25.00).

f. Adoption of Animals

1. Mixed Breed Dogs

a. Six weeks to four months old: Forty Dollars ($40.00) plus medical expenses.
b. Five months to one years old: Thirty Dollars ($30.00) plus medical expenses.
c. Over one year old: Twenty Dollars ($20.00) plus medical expenses.

2. Pure Bred Dogs

a. Six weeks to four months old: Sixty Dollars ($60.00) plus medical expenses paid for animal.
b. Five months to one years old: Fifty Dollars ($50.00) plus medical expenses paid for animal.
c. Over one year old: Forty Dollars ($40.00) plus medical expenses paid for animal.

3. Mixed Breed Cats

a. Six weeks to four months old: Twenty-five Dollars ($25.00) plus medical expenses paid for animal.
b. Five months to one years old: Fifteen Dollars ($15.00) plus medical expenses paid for animal.
c. Over one year old: Five Dollars ($5.00) plus medical expenses paid for animal.

4. Pure Bred Cats

a. Six weeks to four months old: Thirty-Five Dollars ($35.00) plus medical expenses paid for animal.
b. Five months to one years old: Twenty-five Dollars ($25.00) plus medical expenses paid for animal.
c. Over one year old: Fifteen Dollars ($15.00) plus medical expenses paid for animal.

7-17 Interpretation

The schedule of fees above shall be defined to mean that a daily boarding charge of Eight Dollars ($8.00) is for a twenty-four-hour period covering 12:00 midnight to 11:59 p.m. Any portion of a day where the animal is in custody for less than one (1) day will be chargeable as a full day. The sum of all applicable fees and expenses for an animal must be paid prior to the release of the animal

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 40:69A-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 40:69A-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 Butler and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Amending Land Development Ordinance to revise established guidelines for Placement of Telecommunication Towers & Antennas

Ordinance for First Reading

Township of Old Bridge
Ordinance No. 06-00

Amending the Land Development Ordinance to Revise Established Guidelines for the Placement of Telecommunication Towers and Antennas

WHEREAS, the Township Council of the Township of Old Bridge, deems it in its best interests of its residents to revise communication towers and antennae to accommodate the communication needs of its residents and businesses while protecting the public health, safety and general welfare of the Township; and

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

Section 1.The Revised General Ordinance shall be amended and supplemented as follows:

Section 2-2. Definitions and Abbreviations - Add the following definitions:

Alternative Tower Structure - mounting structures that camouflage or conceal the presence of antennas or towers.

Backhaul Network - the lines that connect a providers' towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.

Co-location - the attachment of commercial wireless telecommunication antenna to an existing tower.

Commercial Wireless Telecommunications Services - Licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public.

FAA - Federal Aviation Administration

FCC - Federal Communications Commission.

Height - When referring to a tower, the height shall mean the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Pre-existing Towers and Antennas - Any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Structure - "Structure" or "Structures" for the purposes of this Section are defined as "A pre-existing tower including water towers and any other facility or building at least three (3) stories in height that can be used for the co-location of towers and/or antenna(s) without significantly altering the visual appearance of the facility or building".

Telecommunications Antenna - Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas.

Tower- Any ground or roof mounted pole, spire, structure or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces and masts. The term includes radio and television transmission owners, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

Tower, Multi-User - A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

Section 7-5 Telecommunications Towers and Antennas Regulations.

A. Purpose.

The purpose of this ordinance is to establish general guidelines for the placement of wireless communication towers and antennas to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. The goals of this ordinance are to:

1. Protect residential areas and land uses from potential adverse impacts of the siting of towers and antennas;

2. Facilitate the provision of wireless telecommunication services to the residents and businesses of the township.

3. Require the location of towers in non-residential areas;

4. Minimize the total number of towers throughout the community;

5. Minimize adverse visual effects of towers through careful design and siting standards;

6. Require the joint use of new and existing tower sites (including electric power towers) or predesignated tower properties as sites for new towers or existing buildings or structures as a primary option rather than construction of additional single use towers;

7. Require that such towers are property constructed, maintained and dismantled and that appropriate security is posted to ensure same, and the safety of township residents.

In furtherance of these goals, Old Bridge Township shall give due consideration to the Old Bridge Township Master Plan, Zoning Map, existing land uses, inventory maps of existing towers and structures, and environmentally sensitive areas in approving sites for the location of towers and antennas.

B. Applicability.

1. Existing Structures. When planning to serve an area or to expand services in an area, providers shall utilize existing towers and structures prior to consideration of new sites, unless the Board finds that it is feasible to do so.

2. Pre-existing Towers and Antennas. Pre-existing towers or antennas shall not be required to meet the requirements of this ordinance provided that requirements of Section c.2 and c.3 are met unless they are altered or additional equipment is added to same. When new masts, antennas or other structures are added to a pre-existing height by more than twenty (20) feet, and the location and setback requirements of this shall no apply.

3. New Towers and Antennas. New telecommunications antenna shall be permitted on buildings three (3) stories or more in height and located in non-residential zones, provided that the antenna does not extend more than ten (10) feet above the roof.

C. General Requirements.

1. Co-location; Additional Users.

A. Each applicant for a new telecommunication tower shall prove that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building or other structure (e.g. water towers) within a five (5) mile search radius of the proposed tower.

B. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's and comparable antennas. Towers must be designed to allow for future re-arrangement of antennas upon the tower and to accept antennas mounted at varying heights.

2. State or Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations, unless not mandated by the controlling state or federal agency, in which case failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

3. Safety Standards/Building Codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and property maintenance codes and the applicable standards for towers that are published by the Electronic Industries Association, a amended. If upon inspection Old Bridge Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

4. Tower Setbacks. New towers shall conform with each of the following minimum setback requirements:

a. Towers shall meet the setbacks of the underlying zoning district.

b. Towers located in non-residential districts adjacent to residential districts shall be set back from all residential lot lines by a minimum distance equal to one and one-half times the height of the tower including all antennas and attachments, or a five hundred foot minimum setback whichever is more.

c. Towers shall not be located between a principal structure and a public street. An improved driveway shall be provided for access to each tower site from the nearest open public street.

d. A tower's setback may be reduced or its location in relation to the public street varied, at the sole discretion of the Board, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.

e. Towers shall meet all buffer and landscaping requirements of the underling zone district.

f. Telecommunications towers or antennas shall not be located on any dwelling.

5. Lot Size . For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.

6. Landscaping. New towers and accessory buildings shall be landscaped at the base in conformance with township standards.

7. Abandoned Towers. All abandoned or unused towers and associated facilities shall be removed by the applicant or its successors and the tower and any impacted property returned to its original state, within six (6) months of the cessation of operations at the site, unless a time extension is approved by the Board.

D. Additional Submission Requirements. Each submission and/or application for an antenna and/or tower shall include:

1. Inventory of existing sites. For each application for an antenna and/or tower, the applicant shall provide to the Board an inventory of all its existing towers, antennas, sites approved for towers or antennas, and plans for future antennas and towers that are within Old Bridge Township and within five (5) miles of the boarder thereof including specific information about the location, height and design of each tower.

2. Report. A report for a qualified and licensed engineer which includes the following:

a. description of tower height and design including cross-section and elevation;
b. description of tower height and design including cross section and elevation;
c. indicates the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
d. description of the tower's capacity, including the number and type of antennas that it can accommodate;
e. indicates what steps the applicant will take to avoid interference with established public safety telecommunications.

3. Letter of intent. A letter of intent committing the tower owner or lessee and its successors to allow the shared use of the tower if an additional user (2) agrees in writing to meet reasonable terms and conditions for shared use, and that the tower owner or lessee acknowledges and agrees that its successors and/or additional users shall be bound and will conform to the requirements of this ordinance as applicable.

4. Cessation of Use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.

5. Insurance. In the event a tower is sited on Township owned property, the lease between the Township and the tower owner (and its successors) shall provide a certificate of insurance providing coverage of at east one (1) million dollars per occurrence including but not limited to premises and general liability naming the Township of Old Bridge as an additional insured.

6. Hold Harmless. In the event a tower is sited on Township owned property, the lease between the Township and the tower owner and its successors shall indemnify and hold harmless the Township of Old Bridge, its officers, employees, agents and servants, from and against any and all claim, demands, suits, actions, recoveries, judgments, costs and expanses including attorneys' fees, incurred or suffered on account of property damage or loss and/or personal injury,, including loss of life of any person, agency, corporation or governmental entity which shall arise out of the course of or in consequence to any acts or omissions of the Township of Old Bridge, it s employees, agents or servants in the performances of the work or failure of the Township of Old Bridge, its employees, agents or servants. This obligation shall not apply in the case of gross negligence or willful malfeasance.

7. Bond Requirement. In the vent a tower is sited on Township owned property, the lease between the Township and the applicant shall be required to post a performance and maintenance bond in a sufficient amount to be determined by the Board Engineer to ensure the proper construction and maintenance of the tower.

8. Site Plan Conformance. In addition to the foregoing all applications shall meet the following site plan standards unless preempted by controlling state or federal law.

E. Design Requirements.

Telecommunication towers shall be of a monopole design unless the board determines tat an alternative design would better blend into the surrounding environment.

1. Aesthetics. Applicants shall minimize the adverse visual impact and the number of such of such facilities through proper design, siting, screening, material color and finish for towers, antennas, and accessory buildings. Wherever possible, competing providers shall co-locate antennas and elated facilities. At locations where co-location on an existing structure is impractical, the applicant shall use camouflage structures, such as artificial trees, subject t applicable FAA standards and design review by the Board. Where the required height of the tower makes an artificial tree impractical, other camouflage techniques shall be considered. Artificial trees shall be designed to resemble a woody tree with a single trunk and branches on its upper part. They shall be located near existing tree masses to the extent practical.

2. Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.

3. Security. All towers and accessory structures shall be required to provide fencing, landscaping and/or such other barriers as the board may require, such that the tower and accessory structures are secured and inaccessible to private residents and children. For purposes of this chapter, any and all towers shall be deemed an attractive nuisance where adequate security is mot provided as requested herein pursuant to NJSA 2C:33-12.

4. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

5. Height. The antenna and any supporting structure shall not exceed 200 feet in height.

6. Lot Coverage. Not more than ten (10) percent of a lot may be devoted to towers, antennas and accessory structures.

7. Signs and Advertising. The use of any portion of a tower for signs or any form of advertising other than warning or equipment information signs (only legible by persons maintaining the facility) is prohibited.

Section 2. 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 3. Partial Invalidity.

Section 4. Effective Date.

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

AYES: Councilmen Butler, Cucchiara, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: Councilman Hoff.

Ordinance for First Reading

Amending Land Development Ordinance #31-97 to increase Affordable Housing Development Fee if a "D" variance is granted.

Township of Old Bridge
Ordinance No. 07-00

An Ordinance Amending Ordinance No. 31-97 to Increase the Affordable
Housing Development Fee if a "D" Variance is Granted to Permit Additional Residential Units or to Permit Additional Floor Area Ratio

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 increase the affordable housing development fee of the maximum level permitted by the New Jersey Council on Affordable Housing (COAH). These fees are paid into the Affordable Housing Trust Fund of the Township and used solely to defray the costs of meeting the Township Fair Share Housing obligation. The Township Council finds that COAH now permits a municipality to require by ordinance a development fee of up to six (6) percent where the granting of a "D: variance results in an increase in residential units or floor area ratio.

Section 2. Amendments

Section 9-1.C. Residential Development Fees is hereby amended as follows:

A. No change.

B. No change.

C. If a "D" variance is granted to permit residential development where no residential development is permitted or to increase the number of dwelling units on a tract, then the additional residential units realized (above what is permitted by right under the existing zoning) will incur a bonus development fee of six (6) percent rather than the development fee of one-half (½) of one percent. However, if the zoning on a site has changed during the two-year period, the base for the purposes of calculating the bonus development fee shall be the highest density or number of residential units permitted by right during the two years preceding the filing of the "D" variance application.

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.

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 Butler and so ordered on the following roll call vote:

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Ordinance for First Reading

Vacation of northerly portion of Union Hill Road.

Township of Old Bridge
Ordinance No. 08-00

An Ordinance Vacating Northerly Portion of Union Hill Road

WHEREAS, a certain parcel of land is to be conveyed to the Township of Old Bridge as Public Open Space; and

WHEREAS, Union Hill Road was needed to provide access to this parcel; and

WHEREAS, the northerly portion of Union Hill Road is no longer needed to access this parcel; and

WHEREAS, Union Hill Road has not been accepted by the Township of Old Bridge and is merely a paper road; and

WHEREAS, it is in the public's interest to vacate the northerly portion of Union Hill Road.

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 a portion of Union Hill Road which is no longer required by the Township of Old Bridge.

Section 2. Ordinance

The northerly portion of Union Hill Road, more particularly described in a document known as "Proposed Right of Way Vacation Union Hill Road (Paper Street) a.k.a. Hawkins Road" dated October 22, 1999, on file with the Township Clerk, is hereby vacated by the Township of Old Bridge.

The vacation of the northerly portion of Union Hill Road is expressly conditioned upon the grant of an easement to the Township of Old Bridge described in the preliminary and final subdivision plat, Woodhaven Village Open Space Dedication, dated January 24, 2000. The preliminary and final subdivision plat, Woodhaven Village Open Space Dedication, dated January 24, 2000 and deed of easement shall be filed with the Office of the Middlesex County Clerk within ninety days. Failure to record said document with the Clerk of Middlesex County within 90 days shall cause this ordinance to be invalid, void and of no effect.

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.

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

AYES: Councilmen Butler, Cucchiara, Sohor, Testino, Councilwoman Marinaccio, President Testino.

NAYS: Councilmen Hoff, Redmond.

Ordinance for First Reading

Amendment to Ordinance #44-88, Cultural & Heritage Commission

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 09-00

AN ORDINANCE AMENDING SECTION 2-13.6 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE TO REORGANIZE THE CULTURAL AND HERITAGE COMMISSION

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 amend Section 2-13.6 of the Code of the Township of Old Bridge in order to revise the organization of the Cultural and Heritage Commission.

SECTION 2: AMENDMENTS

Section 2-13.6 of the Code of Old Bridge is hereby amended by substitution as follows:

a. Within the Office of the Mayor, there shall be a Cultural Arts Committee whose purpose shall be to foster and encourage the arts of music, theater, dance, cinema, and visual arts.

b. Composition: The Cultural Arts Committee shall consist of seven (7) members to be appointed by the Mayor for staggered terms of three years each.

c. Initial Terms: The initial terms of the members shall be one year for two members, two years for two members, and three years for three members.

d. Responsibilities: The responsibilities of the Cultural Arts Committee shall be:

1. To establish short and long range cultural objectives for the Township;

2. To develop and recommend programs for the appreciation of the arts in the Township;

3. To approve a proposed budget and revisions as prepared by the Chairman;

4. To serve as coordinating body of cultural arts programs;

e. Recommendations: The Cultural Arts Committee shall advise and make recommendations to the Mayor and Council concerning cultural arts affairs and programs conducted by the Township.

f. Representation and Reporting: The Chairman of the Cultural Arts Committee shall report annually to the Mayor and Council as to the progress made and goals set for the Committee.

g. Organization: The Committee shall organize annually and select a chairman. The Committee shall meet as regularly as the Chairman shall determine. The Committee shall establish rules and regulations concerning its efficient operation of the Committee. Such rules include but are not limited to:

1. Establishing necessary quorums for conducting business

2. Minimum votes for passage of resolution and recommendation

3. Removal from the Committee for excessive absence from meetings.

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 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

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

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.

Ordinance for First Reading

Ordinance establishing parking restrictions - Commuter, A&P Parking Lot

Old Bridge Township
Ordinance No. 10-00

An Ordinance Establishing Parking Restrictions
In Accordance with R.S. 40:48-2.46 for Parking Places that are Open to the Public or to Which the Public is Invited

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

1. The purpose of this ordinance is to establish parking prohibitions in certain areas that are on private property which is open to the public or to which the public is invited as set forth below.

2. This ordinance is enacted in accordance with N.J.S.A. 40:48-2.46, which does confer upon Old Bridge Township the right to establish certain regulations in order to preserve and safeguard the public health, safety, morals and welfare.

3. The following areas shall be designated as Old Bridge Resident Commuter Permit Parking, subject to the approval by the Council as hereinafter provided, areas within the Township of Old Bridge on which the parking of vehicles may be restricted between the hours of 6:00 a.m. and 7:00 p.m. on weekdays, excepting holidays, in whole or in part, to which is bearing a valid parking permit issued pursuant to this section.

(A) This authority may be in addition to and may be exercised in conjunction with any other authority The Department of Police may have to regulate the time and conditions of motor vehicle parking.

(B) Following the approval of the Township Council of the designation of an Old Bridge Resident Commuter Permit Parking area, the Township Clerk shall issue appropriate permits, and The Department of Police shall cause parking signs to be erected in area, indicating the times, locations and conditions under which parking shall be by permit only and further indicating that anyone violating the restrictions shall be subject to a penalty and/or towing of said vehicle at owner or operator expense.

(c) Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulations of

Resident Commuter Permit Parking areas, and any Police Officer may provide for the removal of such vehicle, provided that the Police Officer or his designee shall witness the removal of such vehicle and shall keep a record of the removing agency and the location to where the vehicle is stored.

NOW, THEREFORE, BE IT ORDAINED that the forty (40) parking spaces located at the North East corner of the A&P Parking Lot, Rt. 9 South and Ferry Road in the Township of Old Bridge, County of Middlesex, as shown on the current attached site plan, which is made part of this ordinance shall be enforceable and that for violations of any provision of this ordinance, the maximum penalty shall be in accordance with the Section 4-16 of the Revised General Ordinance of the Township of Old Bridge.

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.

Partial Invalidity.

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

AYES: Councilmen Butler, Cucchiara, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.

NAYS: None.