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

A combined meeting of the Township Council of the Township of Old Bridge was held on June 13, 2000 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by Vice President Butler who invited all to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk, Stella Ward, announced that the meeting had been advertised in the Home News & Tribune pursuant to Section 5 of the Open Public Meetings Act and that the next open public meeting of the council will be held on June 19, 2000 at 8:00 p.m.

Roll call by Deputy Clerk Ward showed the following members answering present: Councilmen Cucchiara, Greene, Hoff, Redmond, Testino, Vice President Butler. Councilman Sohor arrived at 7:50 p.m.; Councilwoman Marinaccio arrived at 7:55 p.m. President Maher was absent.

No. 285 Bill List.

RESOLUTION

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

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of June 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 June 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 $14,866,203.71 (Current Fund).

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

AYES: Councilmen Cucchiara, Greene, Hoff, Redmond, Testino, Vice-President Butler.

NAYS: None.

ABSENT: Councilman Sohor, Councilwoman Marinaccio, President Maher.

No. 286 Bill List.

RESOLUTION

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

AYES: Councilmen Cucchiara, Greene, Hoff, Redmond, Testino, Vice President Butler.

NAYS: None.

ABSENT: Councilwoman Marinaccio, Councilman Sohor, President Maher.

No. 287 Bill List.

RESOLUTION

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

AYES: Councilmen Cucchiara, Redmond, Testino, Vice President Butler.

NAYS: Councilmen Greene, Hoff.

ABSENT: Councilman Sohor, Councilwoman Marinaccio, President Maher.

Report of the Clerk.

MONTHLY REPORT OF COLLECTIONSOF ROSE-MARIE SARACINO, CLERK

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

DOGS:
2768-2864 $777.00
2798 replacement .50

CATS:
153-336 $1,295.00
334 (missing - tag not in box)

LICENSE:

VENDING

Amusement - $25.00 each
#140-145 Old Bridge Moose Lodge $150.00
#146 VOID
#147 Old Bridge Elks $25.00

Food - $25.00 each
#5 Keg & Cork Pub $25.00

LIMOUSINE
Dynasty Limo $35.00
Sarwar $35.00
Brandies $35.00

ICE CREAM
#191 Super Kool 2 $5.00
#192 Parashies $25.00

$355.00

LIQUOR LICENSE
Transfer Application $4.00
1209-33-021-005 Pepperheads Amended $131.38

RENEWALS

Consumption
1209-33-016-006 STA of Laurence Harbor $1,313.83
1209-33-021-005 Pepperheads $1,313.83
1209-33-022-005 Fairway Plaza Liquor $1,313.83
1209-33-003-008 Oblisque t/a Ticetown Liquors $1,313.83
1209-33-002-001 Arkay Bar $1,313.83
1209-33-009-002 Country Hearth t/a Marleybone $1,313.83
1209-33-030-003 R. Flynn Ent. t/a Keg & Cork $1,313.83
1209-33-024-006 H.K.W. Corp t/a Peapod Hong Kong Wok $1,313.83
1209-33-026-004 Birch Hill Inc. $1,313.83
1209-33-019-003 H. J. Louri Corp t/a Madison Inn $1,313.83
1209-33-034-006 NJ Restaurant Services t/a Country Thyme $1,313.83
1209-33-012-004 The Pine Tavern $1,313.83
1209-33-006-004 Sayrewoods Liquors $1,313.83
1209-33-001-002 Outback Steakhouse $1,313.83
1209-33-023-008 Big Ed's BBQ $1,313.83
1209-33-017-001 Glenwood Country Club $1,313.83
1209-33-036-007 Old Bridge Bar & Liquors $1,313.83
1209-33-007-003 Janela Inc $1,313.83
1209-33-005-009 Murphy's Bar and Grill $1,313.83
1209-33-033-006 Browntown Inn $1,313.83
1209-33-035-005 TMJ Corp t/a/ After Dark $1,313.83
1209-33-004 Sideline Lounge $1,313.83
1209-33-027-004 English Pub - Jilly's Restaurant $1,313.83

Club License
1209-031-038-001 Old Bridge Elks $124.41
1209-031-042-001 Loyal Order of the Moose $124.411
209-031-046-001 Browntown Columbian Club $124.41
**1209-031-039-002 Friendly Sons of the Shillelagh $124.91
1209-031-045-001 St Lawrence Holy Name Society $124.41

Distribution License
1209-44-013-004 Fairway Plaza Liquors Inc. $1,149.61
1209-44-014-006 Jersey Wine and Liquors $1,149.61
1209-44-031-002 Market Boy Liquors $1,149.61
1209-44-020-006 Dody, Inc. t/a Harbor Liquors $1,149.61
1209-44-028-004 Liquor City $1,149.61

$36,724.07

** overpayment of $.50

BINGO RAFFLE
RA 57-00 St. Ambrose Combined Societies $160.00
RA 58-00 St. Ambrose Combined Societies $10.00

SEARCH
13, 14, 15-00 $30.00

MISCELLANEOUS:
Late Fees $162.00
Reimburse Township for Polling Places - School Board Election $450.00
Reimburse Township for School Board Election Personnel $1,279.76
Photocopies $15.00

Total: $41,258.33

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

AYES: Councilmen Cucchiara, Greene, Hoff, Redmond, Testino, Vice President Butler.

NAYS: None.

ABSENT: Councilwoman Marinaccio, Councilman Sohor, President Maher.

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

Councilman Testino: Rose-Marie Saracino sent us a letter dated June 6 stating that there were persons who had not yet filed their disclosures. What is the meaning of sending it to the Local Finance Board? Is there something that the council has to do?

Attorney Ruggierio: If these statements are not filed in a timely fashion, the Local Finance Board will initiate a proceeding to collect a fine.

Councilman Redmond: Messrs. Gollup and Cavanaugh moved out of town.

Councilman Testino: They have to file for last year. I hope that there will be letters to those persons so that they are on notice. These people are volunteers.

Mayor Cannon: I have notified the people with whom we are involved.

Report of the Attorney.

Attorney Ruggierio: I have prepared pursuant to the consensus of the cable committee an ordinance which if council wishes to entertain, may introduce it and forward it to the Board of Public Utilities, and I will expand on that when we reach it on the agenda. I will have the ordinance available for distribution.

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

AYES: Councilmen Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, Vice President Butler.

NAYS: None.

ABSENT: Councilwoman Marinaccio, President Maher.

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

Councilman Testino: Are you addressing C&L in executive session tonight?

Attorney Ruggierio: Yes.

Councilman Hoff: Have you been involved in discussion with respect to a resolution of the Cheesequake dam?

Attorney Ruggierio: I walked the site with the township engineer. I believe that there are methods whereby we might be able to resolve some of the issues, but this will take a lot of foot work to deal with parties who can participate and contribute to the maintenance of the dam. I was surprised to see how isolated and fenced off it was.

Councilman Hoff: This situation is critical. The residents of Cheesequake cannot afford the cost of this project. We have a retention pond caused by several contributories. One of reports we received stated that if this were not maintained, serious problems would be created downstream. How far are we from the Cheesequake Park area which could not be damaged by water drainage What is the distance?

Mr. Iglesias: There will be a report from the Cheesequake Village Association engineer.

Councilman Hoff: When we refer to spill off into the park area which is wetlands, etc. and a natural habitat, how can we determine that this could be damaging to the property?

Mr. Iglesias: This could possibly cause damage downstream.

Councilman Hoff: The water is storm water - clean and free of most toxic problems, correct?

Mr. Iglesias: The purpose of the detention basin is to catch water from the roads. The water is supposed to lay there so that the toxic sediments are deposited on the bottom. If you eliminate the dam, this action cannot happen.

Councilman Hoff: This problem is becoming fearful for some of the residents. Please stay on top of this.

Councilman Greene: The DEP is overseeing this giving Cheesequake Village different time frames to work under. Where do they stand on the latest extension of time?

Mayor Cannon: The last extension took them to the end of June.

Councilman Greene: Assemblyman Thompson has been looking into state funding to do the work on the dam. What is the progress?

Mayor Cannon: I know that he has been aggressively pursuing it, but am not sure of when he is going to get word. It should be fairly soon.

Attorney Ruggierio: The attorney from Cheesequake Village was entertaining the idea that he night tell them to ignore the DEP and bring the matter to a head. I told him that we were not going to get involved and that the council had asked us for strategies and that I was going to meet with people to have them help us try to develop them.

Councilman Testino: I am receipt of a June 9, 2000 memo from Mr. Rizzo recommending that a council representative attend the hearings in Marlboro.

Attorney Ruggierio: I am not familiar with the correspondence, but the purpose of notice is to allow municipal officials to attend and state their point of views just like any other citizen within 200 feet, but typically it is the administration that does that, not an individual member of the council. If any council members feel strongly about a matter, they have a right to appear in other municipalities.

Mayor Cannon: This is something that the planning board passed on, but was not translated properly. We wanted to have representation to let the municipality know of our objections. This person could be members of the administration. Sam Rizzo has attended on several occasions, but because of the forum, it was thought that elected officials should go. We will keep you apprised.

Councilman Redmond: I asked Mr. Norman about the housing that is to be built adjacent to our borders. When we approve a housing development in town, we make sure that the developer pays their share of road improvements. In this case the road is in Old Bridge, and their township cannot collect money for improvements. How do we make sure that the improvements that are necessary to Ticetown Road are taken care of?

Attorney Ruggierio: The builder is responsible for improvements adjacent to his property line where they abut the road, and through the mechanism of the off tract ordinance is obligated to make contributions for distance improvements, but to take care of some of the impact that the development would have. To deal with this situation is to enter into an interlocal agreement with the adjacent municipalities with a road master plan that contemplate the improvement of the road, and it might be possible for them to adopt coordinating ordinances with you.

Mayor Cannon: These were master plan changes, and something that we could do before it actually happens.

Preliminary Public Comments.

Dave Merwin: On May 29, 2000 the Township of Old Bridge held its annual Memorial Day parade. Our grand marshal was Robert Sommers who retired from the army as a Master Sergeant. He served in World War II and survived the Pearl Harbor bombing which involved nerve gas. Mr. Sommers became an avid volunteer, being awarded the Silver Beaver Award, the Arrowhead Award, etc. which are some of the highest awards that can be achieved. David Ellison was also in attendance. He served two tours in Viet Nam and was awarded the Distinguished Service Award.

This parade was a township event, and all the residents of Old Bridge should have been in attendance. This is not only a Laurence Harbor event. There was a lack of coverage by the Home News which receives about $35,000 from the township in advertising fees. There were no representatives from the newspaper at the parade. I believe the council should rethink making this paper the official newspaper of Old Bridge.

Vice President Butler: Did you communicate with the newspaper?

Mr. Merwin: Yes. Senate candidate Corzine was invited and participated. We asked him to keep his appearance low key because we thought we would have enough local press to cover the event.

Vice President Butler: Dave Merwin has been the coordinator of the Memorial Day parade for eight years. Please congratulate him.

Mrs. Cherry (195 Cleveland Avenue): I applied for a permit to replace a leaky roof and was treated unfairly by the code enforcement department. The permit could not issued in the time allotted by my husband's employer as vacation time, and as a result I requested my money back. I was informed that a refund could not be processed. I put a stop payment on my check, and was informed that a summons was to be issued. I want a refund for the stop payment fee.

Administrator Shepler: There are two sides to every story. The township owes you no money because you stopped payment on your check. The letter you received was a form letter for a bounced check. I have a written report from the supervisor who responded to your complaint. You were advised that the permit was good for one year (until May 16, 2001). You would have been able to do the work. Under state law the construction department has twenty-one days to issue a permit. They tried to accommodate you by issuing a permit in one day. You feel that a structural inspection should have been made on your property. The township does not do that. We do visual inspections. If anything were noticed, the inspector would have advised you. We carry no ladders. These additional roofs were done without a permit. A housing inspection does not relieve the homeowner of hiring a structural engineer. In this case your permit is void.

Ms. Cherry: Your code enforcement employees are rude and abrupt and cannot answer my questions.

Administrator Shepler: I apologize if you felt you were treated rudely in that department. The procedure, as they tried to explain to you, is that the township is obligated to deposit funds within forty-eight hours, and when done, the township has no way of issuing a refund.

Ms. Cherry: No one in that department could answer that for me.

Administrator Shepler: I will have the permit voided. You canceled the check; therefore, we owe you no money. There has been no summons issued.

Vice President Butler: If you felt you were slighted, I apologize on behalf of the township council.

Mr. Occhipinti (1346 Englishtown Road): I live directly across from the GPU facility. There are drainage and water problems still existing. There was some repatching done. (Distributes photos) The existing ditch was 15 inches wide by 1 foot deep. It is now about 9 inches. I have called Jersey Central because they have a right of way adjacent to my home which I have maintained for thirty years. There was poison ivy which Jersey Central sprayed. Rutgers explained that this plant has to be sprayed five years consecutively to kill it. Jersey Central refused to spray because of environmental issues. I mow to stop the growth of the poison ivy. They are avoiding the problem. Under West Greystone Road the drainage pipe goes behind Jersey Central. You have photos of GPU's drainage pipe behind the building which is not flowing into Duhernal Lake result in the ponding of water.

Vice President Butler: Can the administration or the engineering department assist this gentleman?

Mayor Cannon: We will follow up for you.

Mr, Occhipinti: Someone is using the Patriot's Shopping Center for a used car lot.

Councilman Cucchiara: This matter has to go through the county engineer because it is a county road. I will contact the zoning department about the grass and the engineering department about the ditches.

Certificate - Old Bridge Junior and Senior Knights Basketball Team.

Mayor Cannon: We celebrate your accomplishments during the past year. There have been many tournaments which you have won. The junior boys are the Colts Neck, Mid-Monmouth and the Howell Tournament Champs. The senior boys are Mid-Monmouth, Howell Tournament, Oceanport Tournament, North Brunswick March Madness, Middlesex County and the Central Jersey Champs.

Certificates of excellence were presented to all the members of the Junior and Senior Knights Basketball team.

No. 288 Approval of Minutes.

RESOLUTION

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:

Agenda Meeting - March 20, 2000

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

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

NAYS: None.

ABSENT PODIUM: Councilmen Greene, Hoff, Testino.

ABSENT: President Maher.

No. 289 Approval of Minutes.

RESOLUTION

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:

Workshop/Agenda - April 3, 2000
Regular - April 10, 2000
Executive - May 1, 2000
Executive - May 15, 2000

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

AYES: Councilmen Cucchiara, Redmond, Sohor, Vice President Butler.

NAYS: None.

ABSENT PODIUM: Councilmen Greene, Hoff, Testino.

ABSTAIN: Councilwoman Marinaccio.

ABSENT: President Maher.

Ordinance for Second Reading.

Attorney Ruggierio: I have distributed an ordinance granting municipal consent to the renewal of the cable television franchise which is five years or something less than that. I shall be happy to go through the salient points of the ordinance, but those members of the council who are members of the committee will endorse my suggestion which is a consensus of the cable committee.

I direct your attention to Section 5 which makes a number of broad determinations which are findings of fact. There are minimal findings of fact in Section 2, but Section 5 defines along with the preamble the orientation of the committee toward the franchise renewal. As it says in the preamble in Section 1 the township council has decided to renew the existing cable franchise for a five year term with close monitoring of future performance because you are skeptical of the representations made by the cable company. Section 5 goes through the three items which would be required to deny the franchise and makes conclusions about them. I will paraphrase each one of the sections. As to substantial compliance with material terms of existing franchise and applicable law it indicates that there has been sufficient fact finding to support a resolution of denial and that the township council is concerned with the performance, particularly concerned with the franchisee's ability to provide all channels on the Raritan Valley system to Old Bridge residents. Nevertheless, you are in the interest of complying with the law and providing for close monitoring of this cable franchise renewing for this limited period of time with the idea that there would be enhanced monitoring and record keeping that may support a more adverse position in the future.

As to "B" the quality of the franchise service, you did state that sufficient fact finding has occurred on the issue of quality of service, and that you are reluctant to endorse the quality of service, and that there is anecdotal evidence that convinces you that some of the things relating to signal quality, response to consumer complaints and billing practices is not up to your standards. Under those circumstances you will monitor the performance in the future. As to "C" the cable operator's financial, legal and technical ability to provide services, facilities and equipment, I think the cable committee concluded that there are sufficient financial and technical expertise in connection with the system. You are concerned about what was viewed as the failure of the cable representatives to tell you the truth or at least the whole truth with respect to your question You are also concerned about the fact that there are cable extensions without Old Bridge Township, but do not receive the PEG channels, the public, education and governmental channels that broadcast, e.g., this meeting and the school board meetings, and also picking up on several good points made by Mr. Sohor at the meeting that the franchisee has failed in its legal obligation to provide local original channel and leased access channel space to Old Bridge. These things will be treated in the conditions that I describe. Based on that, No 6 is a grant of authority in standard form; and No. 7 has the term of renewal - five years or to December 31, 2005, whichever is the earlier date. Typically, these franchises renew from the date of the ending of the last franchise and continue forward. As you measure that to November 1999, it is something less than five years.

In order to bring about effective advocacy with respect to a proposed denial of a franchise, there must be a three-year ascertainment period during which you collect information and make your case against the cable company. That was not done here, and that is why we opted for that approach.

Section 9 imposes significant conditions on the franchise. Some of this was fashioned off a proposal by Mr. Wolfsohn by the cable company. We were concerned that there was never a presentation by the cable company of what they were offering us. There was an offer made at the last cable meeting, and following that the cable committee caucused, and that is how this came to be drawn. Independent of the cable renewal, they have agreed to pay $4500 to the costs associated with relocating our channel from Channel 6 to Channel 70. These are the estimated expenses for the ads and signages that needed to be changed. We have indicated that the cable company as a condition of renewal would be obligated to reimburse out of pocket expenses by the Board of Education relating to the change of their channel.

We indicated that should there be a channel change in the future, there would be reimbursement of costs associated with that including newspaper advertisement to the pubic to let people know where the channels are. No. 4 deals with the tuner issue, and memorializes the obligation on the part of the cable company that they will provide tuners to those with TV sets who don't receive the signal.

No. 5 is an indication that there have been areas of Old Bridge Township that have been serviced by Monmouth and that we have not received our 2% of franchise fees. We indicated that those payments should be made with interest and that we have the right to audit. During the term of the franchise, there would be payments to Old Bridge for those areas which are outside the service area of the Cablevision of Raritan Valley, but within the franchise area. There is a distinction between "service" and "franchise" area.

No. 7 is the obligation which we think is fundamental. This deals with the fact that Monmouth Cable is servicing Old Bridge Township without a consent ordinance. We have indicated that within 100 days following the renewal of this franchise, that application be made by Monmouth County Cable to allow it to continue to service customers in Old Bridge Township.

No. 8 is the provision dealing with the apparent drop of $15,000 to $20,000 in revenue which our finance director indicated at the time of the switch over from TKR to Cablevision of Raritan Valley. Cablevision has committed to finding out the reason for that. We have the right to audit and be paid within sixty days of the determination that we are under paid.

No. 9 has been a big bone of contention among some members of council. We know that these areas are those where there are lines extended, although they are being serviced by Monmouth County Cable, e.g., Naples, Columbus, Gordon, Biondi, Ticetown, Pension and Hawkins. We indicate that at a minimum that in addition to receiving the fees from those services, those areas at a minimum must receive our public educational governmental channel.

No. 10 is a follow through that local origin and lease channel access which is an obligation of federal law will be provided within ninety days of the renewal of the franchise.

No. 11 - the billing statement continues to read "Edison" for the local office for the cable. We want that to be eliminated and that the Ernston Road office would be indicated on the face of the bill. There is a cable connection between the Old Bridge High School and the Lombardi Field which I can assume was used to broadcast sports games which was eliminated or rendered inoperable in connection with Cablevision's upgrading of their service. We have made a condition of this cable renewal that this be restored.

No. 13 is a list of our items which essentially conform with the things that our local municipal television studio thought they could use - remote camera, etc. This new equipment would be given over to Old Bridge's television station as a condition of renewal.

No. 14 - Cable Internet service. If it is available within the cable vision of Raritan Valley system, the senior and civic center, the Robin center, etc. they would receive the Internet free of charge in addition to which all credited schools within the municipality would receive these things.

We indicated that Cablevision would install cable drops with fiber optic return fees to the hub at the library, civic center and the senior center at the request of our TV station that asked to be able to connect and broadcast from these remote locations.

No. 16 would be a requirement that no cost providing any of the above items be listed on the cable subscribers' bill. There is a provision under Federal law that if at the instance by the council that these items (cameras, etc) be given over, that they can list those things on the subscribers bill.

No. 17 - fiber optic is coming down the parkway, and Mr. Testino requested that there be an interchange at the Laurence Harbor parkway entrance so that we would have access to that infrastructure.

We have carried over the obligation to provide senior citizen rates which existed in the ordinance previously. There was a situation where TKR captured our public educational and governmental channels for access when we were not using them. We have indicated that this must stop immediately. We should get all channels including the governmental access channels. These are the high points of the ordinance and both I and the committee recommend its introduction. We would then forward it to the Office of Cable Television for their approval with a copy to Cablevision. At some point thereafter you would have public hearings and adoption of this ordinance. I will be sure that the hearings which concerned Mr. Hoff are in this ordinance.

Vice President Butler: Is the free Internet going to apply to the first aid squads and fire departments?

Attorney Ruggierio: No. You may have remembered the intranet that we proposed. This would have cost $2 million for the entire installation of this intranet. We could get an agreement from the cable company for them to install such an intranet of the sort that we had which included the first aid squads, etc. at their cost. It seemed to us that this was not something that we could justify. We did not include it in the ordinance.

Vice President Butler: What about Genoa?

Attorney Ruggierio: It is my understanding that this is covered in the roads that have been covered. It appears at this stage that Internet access via cable may not be extended as I said. If that does not happen, the question of extension to other buildings might be moot.

Vice President Butler: What about the free boxes for those who need them?

Attorney Ruggierio: That's in there.

Councilman Sohor: I have been a major critic of Cablevision, but I believe that this ordinance is well crafted. All points cover what we want from Cablevision but they have a long way to go to be considered a good cable television operator. Passage of this ordinance will give us what we need. There is a performance bond provision. This has hurdles such as the Office of Cable TV challenging us. I believe that this ordinance will withstand any challenges. The provisions of the ordinance are basic and what Cablevision should have been doing all along. I ask for the support of the entire council.

Councilman Hoff: Five years is totally unnecessary; they applied late for the renewal. The most we should give them is a three-year contract. What they told us here one night was changed to something completely different the next day. I don't believe they can perform these miracles. In two and one half years there will be great advances in cable television. I am not in favor of granting them anything.

Councilwoman Marinaccio: Five years is a long time especially when this market is changing so rapidly. They have not been honest from the start. The least time we can give them, the better.

Motion

amending the cable television ordinance as presented by Attorney Ruggierio to reflect a three year contract rather than a five year contract made by Councilwoman Marinaccio, seconded by Councilman Hoff and so denied on the following roll call vote:

AYES: Councilmen Cucchiara, Hoff, Councilwoman Marinaccio.

NAYS: Councilmen Greene, Redmond, Sohor, Testino, Vice President Butler.

ABSENT: President Maher.

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

Councilman Cucchiara: I don't like the fact that we don't have a Cablevision building in this town where everyone has access. I also agree with the three-year contract.

Councilman Testino: I don't disagree with what has been said, and I put on the record that the reception has been bad during the last week. Achieving the objectives is what the debate is all about. $1 million/$500,000 should be changed to a $10 million requirement. In no way is this ordinance a concession to Cablevision. It is fully anticipated that if we adopt this ordinance, we will be in court. This ordinance is to give us leverage so that we can further the interest of the township and its time limits. Advice of council was based on the ascertainment period. Should the ordinance be upheld by the Office of Administrative Law, there is a three-year ascertainment period. We are taking our experts advice as to how to achieve a future denial that will be upheld in court. If we adopt this ordinance after months of discussions and negotiations and ascertaining what Cablevision is willing to do and what our township would be entitled to in comparison to other ownerships, we have been able to determine what is reasonable. You have a list of "goodies" which the township should have been entitled to on the last renewal, but we did not get because we did not take such a concerted and informative approach in dealing with a major conglomerate and bureaucratic organization which is evident in the way the are dealing with this township and the other communities in this county. The negotiations were informative watching the way they handled the committee; it is all dollars and cents to them. The fact that the channels have been switched in the ordinance because of what happened in Edison. We have cameras because of what East Brunswick has gotten in the past. Although this is not fruitful in terms of a settlement, the protracted negotiations were needed to come to a point in our advancement of the cause of those who use the cable. We want better service and lower rates. Just because we live in Middlesex County does not mean that we should be charged more when the same company is servicing Monmouth County for less.

I think that the effect of the ordinance is that we are aiming to do our best in court. They are not going to accept this. We are going to court.

Attorney Ruggierio: I would be surprised if they accept this and not challenge at the Office of Cable Television. We will have an administrative hearing at least.

Councilman Testino: They have not consented to this ordinance; there is no settlement agreement. I don't know if they have seen this. Nothing in here is what they would say they would take.

Attorney Ruggierio: I may have neglected to tell council who are on the edge of the three years vs. four years that this may be something to think about. In Cablevision's proposal to us they had at least one clause that would have been a legal clause which would have allowed them to water down a lot of the things that we have in our ordinance. It was a clause relating to competition. That was a big item to the franchisee, and I think that Cablevision will probably not be satisfied with our ordinance, and will probably challenge it.

With respect to the five years vs. three years, Mr. Testino is correct that there is an ascertainment period under state law which is three years. An ascertainment period allows you to determine if the are a good or bad operator. The renewal starts from November 1999. We are not through the administrative process until November 2000. We are talking about four years in terms of the term of this thing.

Councilwoman Marinaccio: Setting aside the fact that we don't like the company and talk strictly technology, if something were to come along during the next eighteen to twenty-four months from now, we are telling the residents they will be on hold for thirty-six months after that.

Councilman Testino: If we would have taken the proposal that the cable company offered, your comments would be correct because they wanted a non-compete clause. This ordinance does not have that. If someone comes along with better technology (and this is what the company is afraid of), like RCN, a company that can get enough people per square mile to compete. That technology may become cheaper during the last few months. This ordinance would allow us to permit RCN into Old Bridge. Nothing in this ordinance prohibits us from having the advanced technology come in if it is a cable company come in and servicing the community. This should give us a lot of leverage in the administrative law process if they insist of having a kind of exclusion, and you may well be right in that we should not go for an exclusion in any future settlement and/or dealings with this company because of the advancements in technology. I am not afraid of this ordinance hurting your concerns. If we went to the settlement proposal, I believe that would have been a problem. I ask you to support what I think is a very in-depth look at what is going on with Cablevision in this township. I wanted to take the time to compliment Mr. Ruggierio for his efforts and his staff, Jim, for your efforts and the Cable TV Committee and the administration for a lot of time spent especially during the last three months to come up with a solution that may not be palatable to all but will serve most of the concerns that the residents have addressed and allow us to have an opportunity to prevail in court at the same time keeping open whatever avenue of bringing other competition in that we have. I extend my gratitude to the citizens who worked on the committee; they brought a lot of talent to the table. There are many concerned people about what is going on with their cable service and everything that this cable company is about to enter.

Councilman Hoff: If the resolution were drawn by the cable company, I still would not believe it. In order to disqualify this company, we need three years of testimony. Their contract was up in November 1999, and the testimony that appeared in the public record in these meetings is a complaint about them. I believe we should not extend the contract not more than three years. We have nothing to gain by giving them a five-year contract. I think the motion as made by Ms. Marinaccio is correct.

Councilman Greene: If you go back to November 1999 which was the end of the contract and take us to December 31, 2005, that is six years. Did you not say that if this administrative process takes us to even the end of the year, that there is only four years left? Please clarify how long this contract is. I count six years from the date that the original contract ended, and if the administrative process gets delayed until December 2000, they still have five full years starting January 1, 2001.

Attorney Ruggierio: It states "whichever is earlier". If it would end December 31, 2005, then it would only be from January 1, 2001 to December 31. . .

Councilman Greene: That is five years. The Office of Cable Television has a very informative web page. They specifically outline the process that a township must go through. In effect we have to understand that we are not entering into a contract with Cablevision; we are giving municipal consent. The Office of Cable Television makes the approval; they are the final deciders in this process. If we give a time period of three years, that would hurt us because I think that the contract would not be approved. I think that the Office of Cable Television would not believe this to be in the best interests of both the township and Cablevision. There are two main concerns discussed many times and were addressed in this ordinance. I want to know what the teeth are as far as this ordinance.

With respect to franchise fees, there was discussion as to whether we were getting the full amount of money that we deserve. What is the process for making sure that we get those fees in the future?

Attorney Ruggierio: You are correct that the Office of Cable Television or the Board of Public Utilities issues the franchise. Once issued and incorporates our conditions for consent, if there were violations we would make a complaint to the Office of Cable Television to revoke the franchise or take other appropriate action to enforce our rights to those conditions.

Councilman Greene: Is there a process for us to audit the revenues?

Attorney Ruggierio: Yes, Mr. Testino was correct in insisting that we lay that out in the conditions. As a matter of law we are allowed to audit during the franchise period. We are talking about underpayment for the prior franchise period. Preserving out right to audit was a good thing to say.

Councilman Greene: Are there enough teeth in this resolution to be sure that the residents of Genoa get the local access stations?

Attorney Ruggierio: If this ordinance is challenged, one of the points is whether we are requiring them to engage in line extensions. The point that Mr. Sohor made and I agree with him is that these lines were already extended into Genoa. We want to make sure that the programming on those lines to those homes receive our public access channels. I am satisfied that we are on good legal ground.

Councilman Greene: To know if Cablevision is acting in good faith, are you receiving complaints relative to the residents of the town receiving that promised cable box?

Mayor Cannon: People who have expanded service never received the box. Cablevision will give them the box to get them to Channel 70 and 71, but will not allow them to access other channels. They have issued another policy which I have forwarded to you which is clear cut. They have to provide everyone the ability to get to Channel 70 and 71. If you purchased enhanced service, and did not want to buy the tuner, they are not going to give you the tuner free.

This process has been productive, and I want to go ahead. The committee has done a good job. We have to be credible in our presentation before the Office on Cable Television. We have covered everything that would be advantageous to the town, and to argue over three or five years and let the whole thing go down the tubes, is not worth it. We have to make our best case to get all the things we want and when the technologies do change, we have the ability to have them come into this town having the residents choose the best they can. There is more good than bad. I urge you to go ahead and approve this.

Councilman Redmond: If we were to amend this to three years and appear before the Board of Public Utilities, we would not stand a chance. By giving this the five years, we appear to be reasonable with a company which has not been reasonable with us. We need this much time to document what we need to take on the cable companies at this time. Everyone thought that we would like to see three years and out, but this is not within the realm of possibility. This is the best that we have come up with. There are things that Cablevision doe snot want to give us. We have a good chance of getting it.

Vice President Butler: I am aware that there is no agreement with Cablevision, but believe that we need a five year contract. The renewal ended November 1999. I think we need to add some time to that.

Councilwoman Marinaccio: Everyone feels better about three years. If we started with three years, and you need to, go to the five years rather than starting with the five years. If we are starting with five, the next step is ten.

Councilman Testino: Did Mr. Greene have his question answered about whether Mr. Ruggierio thought that we should insert a specific date or my question about the insurance?

Attorney Ruggierio: I gave Mr. Butler a proposed modification to Section 7 that would simply read as follows: "This consent granted herein shall be non-exclusive and shall be for a term ending December 31, 2004". By my calculation even if we go through administrative proceedings even through the end of this year, that gives us four years and seems a worthy compromise between the three and the four. In order for Cablevision to take an appeal of this, it requires them to make a number of judgments, and I agree with Mr. Testino that we are going to be in an appeal. We have to engage outside counsel and pay them to pursue this. There is a chance that the conditions would not challenge them at all. I think that in order to do a proper ascertainment period, you cannot limit it to three years. Four is the minimum; five is my recommendation.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 24-00

ORDINANCE GRANTING MUNICIPAL CONSENT FOR THE OPERATION OF A CABLE TELEVISION SYSTEM
WITH THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY

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

SECTION 1. PREAMBLE

Cablevision of Raritan Valley, as successor to TKR Cable Company, has applied for renewal of its existing cable franchise within Old Bridge Township. The prior franchise granted to TKR Cable expired November 6, 1999. Although Cablevision of Raritan Valley failed to file a timely application for renewal, Old Bridge has held public hearings and has considered Cablevision's application. Various questions have been raised about the responsiveness to public concern, credibility and general reliability of TKR and Cablevision of Raritan Valley during the municipal phase of the application process. Nevertheless, the Township Council agrees to consent to renew with the Cablevision franchise for five (5) years with close monitoring of future performance and conduct.

SECTION 2. FINDINGS OF FACT

The Township Council of the Township of Old Bridge does hereby find and declare the following facts:

1. Cablevision of Raritan Valley filed a municipal consent application with the Office of Cable Television, Board of Public Utilities on or about March 3, 1999.

2. Cablevision of Raritan Valley is the fictitious name for CSC TKR, Inc., successor to TKR Cable and Cross Country Cable in connection with the subject cable franchise.

3. Certain specific areas as more specifically enumerated in the letter dated March 24, 2000 from Alayne Shepler, Business Administrator of the Township of Old Bridge, are within the franchise area and have lines extended to them, but do not receive the public educational governmental channels (two (2) channels) received by others in Old Bridge Township.

4. The franchisee and its predecessors have eliminated certain channels which are otherwise available on the Raritan Valley system to other cable subscribers in order to accommodate the public educational governmental channels (two (2) channels) of the Township of Old Bridge. This elimination is violative of the original franchise agreement and must be remedied immediately.

5. Cablevision of Raritan Valley does not provide public access channels or leased access channels to the residents and subscribers of Old Bridge Township. This deficiency must be remedied immediately. These channels are otherwise within the Cablevision of Raritan Valley system, except in Old Bridge.

6. The connection between Lombardi Field and the Old Bridge High School cable line has been disconnected by Cablevision and rendered inoperable by Cablevision. This must be restored immediately.

7. Certain significant misrepresentations were made to the Mayor and Township Council by Cablevision of Raritan Valley during the municipal approval process. Cablevision must improve its candor with municipal officials.

8. Given the speed at which technology is changing the nature of cable television, no more than a five (5) year renewal should be permitted.

9. The use of a five (5) year renewal period will enable the Township Council of Old Bridge Township to more closely monitor the performance of Cablevision of Raritan Valley.

SECTION 3. DEFINITION

For the purpose of this Ordinance the terms defined above shall have the meanings there indicated and the following additional terms shall have the following meanings:

(a) "Act" or "Cable Television Act" shall mean that statute of the State of New Jersey relating to cable television known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.

(b) "Application" shall mean Cablevision's application for Renewal of Municipal Consent, which application is on file in the Township Borough City Clerk's office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this Ordinance.

(d) "Township" shall mean the governing body of the Township of Old Bridge in the County of Middlesex, State of New Jersey.

(e) "Company" shall mean Cablevision of Raritan Valley, Inc. ("Cablevision") the grantee of rights under this Ordinance.

(f) "FCC" shall mean the Federal Communications Commission.

(g) "Federal Act" shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq.

(h) "Federal Regulations" shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including, but not limited to, those described in 47 C.F.R. Section 76.3) or as such regulations may be amended.

(I) "State" shall mean the State of New Jersey.

(j) "State Regulations" shall mean those regulations of the State of New Jersey, Board of Public Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq., or as such relations may be amended.

(k) "Cablevision" shall mean Cablevision of Raritan Valley, Inc.

(l) "TKR" shall mean the predecessor to Cablevision of Raritan Valley, Inc., TKR Cable, Inc.

SECTION 4. PUBLIC HEARING

A public hearing concerning the consent herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act. The hearing was held and fully open to the public. The municipality received all public comments regarding the qualifications of Cablevision to receive this consent.

SECTION 5. BROAD DETERMINATIONS AS TO RENEWAL OF FRANCHISE

A. Substantial Compliance with Material Terms of Existing Franchise and Applicable Law:

Although sufficient fact-finding has occurred to support a Resolution of denial of the franchise and the Township Council` is very concerned with the adequacy of the franchise's performance, the Township Council believes that increased monitoring of the franchise must occur within the future regarding the franchise's compliance with the material terms of the existing franchise and applicable law. The Council is also cognizant that meaningful competition may be brought about by charges in Federal law predicted for the year 2005. The franchise's failure to provide all channels on the Raritan Valley system is a serious breach of the existing franchise and applicable law.

B. Quality of Franchisee Service:

Sufficient fact-finding has also occurred on the issue of the quality of the franchisee's service. The Township Council is reluctant to endorse the quality of the franchisee's conduct toward Old Bridge subscribers. Anecdotal evidence convinces the Township Council that structured monitoring of the franchisee's signal quality, response to consumer complaints and billing practices should occur in the future.

C. Cable Operator's Financial, Legal and Technical Ability to Provide Services, Facilities and Equipment:

The franchisee is found to have sufficient financial and technical ability to provide services. However, the Township Council is skeptical of the veracity of many statements and representations made by company representatives. The franchisee, or its related companies, have extended cable lines to areas of Old Bridge Township, but such areas do not receive the Township Public, Education and Government ("PEG") channels. Likewise, the franchisee has failed in its legal obligation to provide Old Bridge Township with the local origination channel and leased access channel space otherwise available on the Raritan Valley system for cable subscribers.

SECTION 6. GRANT OF AUTHORITY

The Township of Old Bridge hereby grants to Cablevision of Raritan Valley its non-exclusive consent to place in, upon, along, across, above, over and under its highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables and fixtures necessary for the maintenance and operation in the Township of a cable television system and for the provision of any communication service over the such system as may be authorized by federal or state regulatory agencies. Operation and construction, pursuant to such consent, is conditioned upon prior approval of the Board of Public Utilities.

SECTION 7. DURATION OF FRANCHISE

This consent granted herein shall be non-exclusive and shall be for a term of five (5) years from the date of issuance of a Certificate of Approval by the Board or December 31, 2005, whichever is the earlier date.

SECTION 8. EXPIRATION AND SUBSEQUENT RENEWAL

If Cablevision seeks successive consent, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A. 48:5A-11 and N.J.S.A. 48-16 and applicable State and Federal rules and regulations. The company shall also petition the board for approval authorizing continued operation during the period following expiration of the consent granted herein and until such a time that a decision is made by the Township and the board relative to the renewal of said consent.

SECTION 9. CONDITIONS FOR RENEWAL

The Township Council does hereby condition its consent upon the following terms, conditions and requirements:

1. Independent of the renewal process, Cablevision of Raritan Valley has voluntarily agreed to reimburse the Old Bridge governmental channel known as OB70 for its relocation expenses from Channel 6 to Channel 70. The sum of $4,500.00 is presently being processed to reimburse Old Bridge for these expenses including, but not limited to, promotion of the new channel for the municipal station. Old Bridge anticipates that the payment of this sum will be a moot point by the time of cable renewal. Nevertheless, at this time, the sum has not been paid and the payment of the $4,500.00 is included as a requirement of renewal.

2. The disruption caused by modifying the channel locations has cost the Board of Education some out-of-pocket expenses. Cablevision shall reimburse the actual out-of-pocket expenses of the Board of Education relating to the change of channel.

3. Should any channel realignment cause the Township governmental channel or the Board of Education educational channel to be relocated from their current location (Channels 70 and 71, respectively), Cablevision of Raritan Valley shall reimburse the cost associated with such relocation. Such costs shall include, but not be limited to, newspaper advertisements to the public providing information about the location of the new channel placement.

4. Cablevision of Raritan Valley shall provide tuners to individuals who are unable to receive Channel 70 or 71 because of the age of their television sets. Each television set which is connected within an individual's household to the cable system shall be equipped and able to receive the municipal government channel. In the event any such television or televisions within an individual's home require a tuner to receive the municipal governmental access channel, such tuner shall be provided without costs to subscribers by Cablevision for the duration of this franchise.

5. As a condition of renewal, Cablevision shall provide reimbursement to Old Bridge for those franchise fees (calculated at two (2%) percent of the extended basic service) for all areas serviced by Cablevision of Monmouth County during the prior franchise period together with any interest on such unpaid sums. Calculation of interest shall be in accordance with the rate of interests

of judgments set forth in the New Jersey Court Rules. The Township of Old Bridge shall retain the right to audit the prior franchise period. No records for the period of the prior franchise shall be destroyed or discarded.

6. During the term of this franchise renewal, Cablevision of Raritan Valley shall pay franchise fees for all households receiving service from Cablevision of Monmouth Valley.

7. Within 100 days following the renewal of this franchise, the related company of Cablevision of Monmouth County which is operating within the boundaries of Old Bridge Township without a franchise, shall apply in the usual fashion to extend its operations to those areas which it presently serves. A fundamental requirement of such application will be an agreement by Cablevision of Monmouth County to carry the two public governmental educational access channels to residents within Old Bridge Township who are served by that system.

8. As a condition of the renewal of this franchise, Cablevision of Raritan Valley shall cooperate with the Township Finance Director in identifying the reason or reasons for the $15,000.00 to $20,000.00 drop in revenues which occurred for a period during the term of the last franchise. To the extent these inquiries lead to a conclusion that insufficient franchise fees were paid to Old Bridge, Cablevision of Raritan Valley shall pay such fees within sixty (60) days of notification by Old Bridge. The Township of Old Bridge retains the right to audit the prior franchise period. No records for this period shall be destroyed or discarded.

9. Notwithstanding any other provision of this consent to renewal, Cablevision of Raritan Valley shall take any and all steps necessary to provide public governmental educational access channels (2) which are viewed by all other subscribers on this system to those areas which are serviced by any cable television lines. Specifically, and without limitation, such requirements shall apply to: Naples Avenue, Columbus Avenue, Gordon Street, Biondi Street, Ticetown Road, Pension Road and Hawkins Road, since line extensions already exist to these areas. Old Bridge requires as a condition of this renewal that the Township television content, the Board of Education television content and any local access broadcasting be provided to Old Bridge Township residents who are subscribers to cable television.

10. Local origin and leased channel access available to other municipalities services by the Cablevision of Raritan Valley system are not presently available to Old Bridge Township residents. The elimination of local original access and leased access was unilateral and is unacceptable. Accordingly, the Cablevision of Raritan Valley system shall, within ninety (90) days following the renewal of this franchise, provide local origination access channels and leased access channels in the same manner and to the same extent provided to other municipalities within the Cablevision of Raritan Valley system.

11. The front of the billing statement sent to subscribers within Old Bridge Township will notify them of the location of the Ernston Road office. The reference to the Edison office on the front of the bill shall be eliminated.

12. The cable connection between the Old Bridge High School and Lombardi Field which was removed or rendered inoperable by Cablevision shall be restored within ninety (90) days following the renewal of this franchise. Installation will be a return feed with fiber optic to hub.

13. The following new equipment shall be provided to facilitate the broadcast of public governmental programming by Old Bridge Township:

1. WVCU 161 remote camera;

2. WVCU remote camera control;

3. SVRS PANA combo unit (10U) -- shoot in DV, has built-in SVHS/VHS recorder to edit/copy in either direction; and 4. 4' x 4' lighting grid.

14. If cable Internet service becomes available within the Cablevision of Raritan Valley system, cable Internet access shall be provided as follows: to all accredited schools within the municipality; to all library buildings within the municipality; to the Township Civic Center; to the Township Senior Citizen (Bush) Center; to the municipal building; to the Camp R.O.B.I.N. building. The Internet access provided shall be free of charge to these locations. With respect to the connections to the school, sufficient capacity shall be provided by any means necessary to allow for sufficient nodes to allow Internet access to all classrooms without a loss of speed within one (1) year of the availability on the Raritan Valley system.

15. Cablevision of Raritan Valley will install cable drops with fiber optic return feeds to hub at the Library, Civic Center and Senior Center.

16. No costs of providing any of the above listed items shall be listed on the cable subscriber's bill as separate charges.

17. Cablevision of Raritan Valley shall assure that there is a fiber optic cable interchange at the parkway entrance in Laurence Harbor when the fiber optic conduit is extended down the parkway by Cablevision or its related companies.

SECTION 10. FRANCHISE TERRITORY

The consent granted under this Ordinance in Cablevision shall apply to the entirety of the Township of Old Bridge. Cable providers having a legal relationship to Cablevision currently operating without lawful authority shall file applications for such authority within thirty (30) days following the adoption of this Ordinance.

SECTION 11. SERVICE AREA

Cablevision shall be required to proffer video programming service along any public right-of-way to any person's residence within the portion of the franchise territory, as described in the application for municipal consent, at tariffed rates for standard and nonstandard installation. Old Bridge Township does not have a filed map showing the service area. Such map shall be provided to the Township Clerk before the public hearings on this Ordinance.

Cablevision shall extend service along any public right-of-way outside its service area to those residences within the franchise territory which are located in areas that have a residential density of twenty-five (25) homes per mile or greater or areas with less than twenty-five (25) homes per mile where residents agree to share the costs of such extension in accordance with the line extension formula as provided by the company in its application for municipal consent.

SECTION 12. FRANCHISE FEE

Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Township, as an annual franchise fee, a sum equal to two (2%) percent of the actual gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Township. The franchise to be paid shall be calculated in the same manner presently used to calculate such fees (2% of expanded basic service). In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the Township and Cablevision shall negotiate in good faith with respect to the amount thereof.

SECTION 13. FREE SERVICE

Cablevision shall provide, free of charge, one (1) standard installation and monthly cable television reception service and cable modem Internet service to all state or locally accredited public schools and all public libraries, as well as municipal buildings located within the Township and the Camp R.O.B.I.N. Building (municipal program for the developmentally disabled).

SECTION 14. CONSTRUCTION/SYSTEM REQUIREMENTS

Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable State and Federal law. The company shall be subject to the following additional construction requirements with respect to the installation of its plant and facilities in the Township.

(a) In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the company shall, at its sole expense, restore and replace such disturbances in as good a condition as existed prior to the commencement of said work.

(b) If at any time during the period of this consent the municipality shall alter or change the grade of any street, alley or other way or place, the company, upon reasonable notice by the Township shall remove or relocate its equipment at its own expense.

(c) Upon request of a person holding a building or moving permit issued by the Township, the company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work. The expense of any such temporary removal or relocation shall be paid in advance to the company by the person requesting same. In such cases, the company shall be given not less than fourteen (14) days prior written notice in order to arrange for the changes required.

(d) During the exercise of its rights and privileges under this consent, the company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Township so as to prevent the branches of such trees from coming in contact with wires to the extent necessary to maintain proper clearance for the company's facilities.

SECTION 15. TECHNICAL AND CUSTOMER SERVICE STANDARDS

Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable Federal and State laws, rules and regulations. Cablevision shall comply with the most stringent of such standards rather than the lest demanding standards.

SECTION 16. LOCAL OFFICE OR AGENT

Cablevision shall establish and maintain during the entire term of this consent a local area business office within Old Bridge Township (or at the present location, Ernston Road, Sayreville) for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters. Said office shall be open daily during normal business hours and, in no event, less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays. The location of the said office shall be prominently listed on the front of each bill sent to Old Bridge subscribers.

SECTION 17. DESIGNATION OF COMPLAINT OFFICER

The Office of Cable Television is hereby designated as the complaint officer for the Township pursuant to the provision of N.J.S.A. 48:5A-26 and any complaints by local subscribers to cable television reception or service shall be field directly with the said office. All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-7.1.

SECTION 18. LIABILITY INSURANCE

Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the term of this consent, sufficient liability insurance naming the Township as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amount of five million ($5,000,000.00) dollars for bodily injury or death to one person and one million dollars ($1,000,000.00) for bodily injury or death resulting from any one accident or occurrence stemming from or arising out of the company's exercise of its rights hereunder.

SECTION 19. PERFORMANCE BOND

Not later than forty-five (45) days after the effective date of this franchise, Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this agreement, a bond to the municipality in the amount of twenty-five thousand dollars ($25,000.00). Such bond shall be to insure the faithful performance of its obligations provided in this franchise. The surety underwriting such bond shall be authorized to do business in the State of New Jersey and shall be treasury listed with the U.S. Department of the Treasury.

SECTION 20. RATES

A. The rates of the company shall be subject to regulation as permitted by Federal and State law.

B. Cablevision shall continue to implement a senior citizen discount in the amount of ten (10%) percent off the rate for the monthly basic level of cable television reception service to any person sixty-two (62) years of age or older, who subscribe to cable television reception services provided by the company, subject to the following:

(I) Such discount shall only be available to eligible senior citizens who do not share the subscription with more than one person in the same household who is less than 62 years of age.

(ii) Subscribers seeking eligibility for the discount must meet the income and residence requirements of the Pharmaceutical Assistance to Aged and Disabled (PAAD) program in the State pursuant to N.J.S.A. 30:4D-21.

(iii) The senior citizen discount herein relates only to the entry level basic rate of cable television reception service and shall not apply to any additional service, feature, or equipment offered by the company, including premium channels services and pay-per-view services.

SECTION 21. EMERGENCY USES

Cablevision shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Township pursuant to the State and Federal requirements. The company shall in no way be held liable for any injury suffered by the Township or any other person during an emergency for any reason if the municipality is unable

to make full use of the system as contemplated herein. The Township/Borough/City shall utilize the state-approved procedures for such emergency uses.

SECTION 22. REMOVAL OF FACILITIES

Upon expiration termination or revocation of this Ordinance and/or the franchise, Cablevision, at its sole cost and expense and upon direction of the Board of Public Utilities, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein.

SECTION 23. PUBLIC EDUCATIONAL AND GOVERNMENTAL ACCESS

A. Cablevision shall continue to make available the two (2) non-commercial public, educational, and governmental (PEG) access as described in the application for municipal consent historically provided.

B. Cablevision shall immediately discontinue use of the PEG access channel, or portion thereof, for non-PEG access programming. During the term of this franchise, Cablevision shall provide both PEG access channels as dedicated without any sharing of the said channels in order to fully implement the commitments made in the original Franchise Agreement. Further, Old Bridge subscribers shall not be denied any channels or programming available to other subscribers on the Cablevision of Raritan Valley system.

SECTION 24. INCORPORATION OF APPLICATION

All of the commitments contained in the application and any amendment thereto submitted in writing to the Township by the company except as modified herein, are binding upon Cablevision as terms and conditions of this consent. The application and any other writings submitted by Cablevision in connection with this consent are incorporated in this Ordinance by reference and made a part hereof, except as specifically modified, changed, limited or altered by this Ordinance, or to the extent that they conflict with State or Federal laws.

SECTION 25. CONSISTENCY WITH APPLICABLE LAWS

This consent shall be construed in a manner consistent with all applicable federal, state, and local laws.

SECTION 26. SEPARABILITY

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof.

SECTION 27. EFFECTIVE DATE

This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities.

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

AYES: Councilmen Greene, Redmond, Sohor, Testino, Vice President Butler.

NAYS: Councilmen Cucchiara, Hoff, Councilwoman Marinaccio.

ABSENT: President Maher.

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

Councilman Testino: I ask that the new insurance amounts be included. Is $10 million reasonable?

Attorney Ruggierio: I don't have a way of judging this other than to say that the amount sounds reasonable, and I think this is the issue if challenged.

Ordinance for First Reading.

INSERT BOND ORDINANCE - SIDEWALKS

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

AYES: Councilmen Cucchiara, Greene, Hoff, Redmond, Sohor, Testino, Vice President Butler.

NAYS: None.

ABSENT: President Maher.

ABSENT PODIUM: Councilwoman Marinaccio.

Discussion Ordinance

DO-1 Department Head Salaries.

Mayor Cannon: Please put this on for the next agenda.

DO-2 Deck Variance Requests

DO-3 Tree Removal Protection

Vice President Butler: Since we have no information, we will put this on the next agenda.

Mayor Cannon: I want to be sure that these are Nos. 1 and 2 on the next agenda.

Consent Agenda.

Councilman Testino: With respect to DR-12 (Contract No. 00-22 Jersey Bus Sales for the purchase of a senior citizen bus) will this bus have a lift and is it diesel or gasoline.

Administrator Shepler: There is a handicap lift, and to the best of my knowledge it is diesel run.

Councilman Testino: The last time we purchased a bus, we had a problem getting someone to drive it.

Administrator Shepler: The bus you refer to was a donation to us from the Rotary. Current personnel can drive this bus.

Councilman Testino: When will the bus be delivered?

Administrator Shepler: Delivery may be from six to seven months. This is not a stock item.

No. 294 Granting permission for the K-Mart Kids Race Against Drugs 8/19/00

RESOLUTION