WHEREAS, autism is a developmental disability that typically appears during the first three years of life as a result of a neurological disorder that affects functioning of the brain. Autism and its associated behaviors have been estimated to occur in as many as one in five hundred individuals; and

WHEREAS, over one-half million people in the United States today have some form of autism, its prevalence rate places it as the third most common disability, yet the majority of the public including professionals in the medical, educational and vocational fields are still unaware of how autism affects people and how to work effectively with individuals with autism; and

WHEREAS, there are no medical tests for diagnosing autism and accurate diagnosis must be based on the child's communication, behavior and developmental levels; and

WHEREAS, children of autism often appear relatively normal in their development until the age of twenty-four to thirty months, when parents may notice delays in language, play or social interaction; and

WHEREAS, there are great differences among people with autism. Contrary to popular understanding, many children and adults with autism make eye contact, show affection, laugh and show a variety of other emotions, but in varying degrees. Like other children they respond to their environment in a positive and negative way. They live normal life spans and behavior associated with it may change or disappear over time; and

WHEREAS, since autism was first described in 1943, we are finding better ways to understand the disorder and help people cope with the various symptoms of the disability; and

WHEREAS, today as result of appropriate and individualized services and programs, individuals with autism can be taught skills to allow them to develop to their fullest potential.

NOW, THEREFORE, I, James T. Phillips, Mayor of Old Bridge, Middlesex County, New Jersey, together with the Township Council do hereby proclaim the month of April "Autism Awareness Month" in Old Bridge.

Councilman Calogera: I have a godson and nephew with autism. The count is one out of every 166 children born. It is very hard to deal with as parents; it is an extreme commitment. More money is being contributed on state and federal levels to do more studies. In the State of New Jersey we have a high pocket of autism in the Brick area. There are a number of active groups which stretch from New Jersey into New York City and into Long Island. This is all volunteer; there was no money for these organizations.

Councilman Gillespie: Anita (Clavering) has distributed brochures if anyone would like additional information.

Ms. Clavering: Expresses her desire for more knowledge about autism.

Proclamation - National Poetry Month.

WHEREAS, April 2005 marks the tenth celebration of National Poetry Month; and

WHEREAS, as inaugurated by the academy in April 1996, National Poetry Month brings together publishers, booksellers, libraries, schools, and poets around the country to celebrate poetry and its vital place in the American culture; and

WHEREAS, thousands of businesses and non-profit organizations participate through readings, festivals, books, displays, workshops and other events; and

WHEREAS, since its inception, the goal of National Poetry Month has been to increase the visibility, the presence and the accessibility of poetry in our culture.

NOW, THEREFORE, I, James T. Phillips, Mayor of Old Bridge, together with the Township Council of the Township of Old Bridge, Middlesex County, do hereby call upon all citizens to help and support the entire literary field and to promote, publicize, and celebrate poetry in Old Bridge and during the month of April, 2005.

Proclamation. - Commissioners of the Housing Authority Acknowledgement for their strides in addressing senior and person with disabilities housing problems.

WHEREAS, in recognition of their extraordinary commitment and unselfish contribution of time, talent to the provision of decent, safe and affordable housing and a suitable living environment for senior citizens and persons with disabilities; and

WHEREAS, the Commissioners of the Old Bridge Township Housing Authority and Redevelopment Agency have been a vital and driving force in moving forward the development of the Maher Manor Senior Citizen Housing Complex and the Chuck Costello Independent Living Center, an innovative housing complex designed specifically to meet the needs of persons with disabilities.

WHEREAS, the sterling accomplishment standard is testimony to the outstanding leadership of the Commissioners of the Old Bridge Housing Authority and the Redevelopment Agency; and

WHEREAS, the Commissioners of the Old Bridge Housing Authority and the Redevelopment Agency have demonstrated by their exemplary efforts that a community possesses no greater treasure than the dedicated services of its people.

NOW, THEREFORE, I, James T. Phillips, Mayor of Old Bridge, Middlesex County, New Jersey together with the Township Council do hereby acknowledge the contributions of the Commissioners of the Old Bridge Housing and Redevelopment Agency and commend them on their extraordinary commitment to the senior citizens and persons with disabilities.

Mayor Phillips: I would like you to know that this opinion is not only shared by me but by the New Jersey Association of Housing and Redevelopment Agencies which in December made a similar proclamation to the Housing Authority I present to you the chairman, Mary Ann Gurliaccio.

Mrs. Gurliaccio: About forty years ago Tom English and George Bush had a dream to supply affordable housing to the community. There were many distinguished people who sat on the board, i.e., Edna Gordon, Justin Rosado, Michael Dwyer, Reginald Springer and Annette Hopman. Because of the dedication of these people, we have grown to become a housing authority that is very active and dedicated to supplying affordable housing to our community. The board which is now comprised of Mary Sohor, Joe Azzarello, Betty English, Lance Bookman, Colleen Flynn-Antonis, Reginald Butler and me and Mayor Phillips and Councilman Gillespie who sat previously worked very hard in the past, and we work for the good of the community. We have managed to keep politics out of it, and we have done a great job. I commend all the people who have sat with me and worked for the goals that we have tried to achieve.

With the cooperation of the mayor and the council we have accomplished great things, and hopefully we will continue to service our community. I give a special thanks to Councilman Calogera for his kindness in remembering us and a special thanks to Councilman Butler who is my vice chair and whom I call on for everything. I thank the mayor and council for this distinguished recognition, and I hope that we can continue to supply affordable housing for the community.

Councilman Calogera: As persons with disabilities get older, the cannot live out on their own. This type of facility is excellent, and I commend the housing authority for recognizing the need which will allow some of our neighbors remain in Old Bridge and to live in an environment in which they can prosper.

RESOLUTION NO. 154-05
APPROVAL OF MINUTES

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

The following minutes are hereby approved:

Agenda Meeting - March 7, 2005

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

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

NAYS: None.

RESOLUTION NO. 155-05
BILL LIST

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

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

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of April 11, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of April 11, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $7,828,900.13 (Accounts Payable).

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

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

NAYS: None.

RESOLUTION NO. 156-05
BILL LIST

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

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

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of April 11, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of April 11, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $752,980.22 (Payroll).

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

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

NAYS: None.

ABSENT PODIUM: Councilman Testino.

RESOLUTION NO. 157-05
BILL LIST

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

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

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

WHEREAS, the finance committee of the Township Council has satisfied themselves in respect to the bill listing of April 11, 2005 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of April 11, 2005 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the finance committee be spread on the minutes in the amount of $24,220.29 (Overtime).

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

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

NAYS: Councilmen Calogera, Maher.

ABSENT PODIUM: Councilman Testino.

Preliminary public comments.

Mr. Cahill: Addressed the council with respect the preservation of the Cottrell Farm property.

Mr. Valentino: Expressed his endorsement of the purchase of a security system in the Township of Old Bridge schools.

Mr. Mancini (Hyannis Drive): Addressed the council with respect to the bus only lanes about to be destined for Rt. 9 between Perrine and Ferry Roads.

Mr. Rao: Encouraged the residents of the Township of Old Bridge to vote in the school board election on April 19.

Mayor's Comments.

Mayor Phillips: It would be ungrateful for me to not recognize the fact that this week we will be losing a very valuable employee, someone who had the outstanding achievement of scoring higher than me on the chief financial officer's test. She is abandoning us and taking her education and knowledge to North Brunswick. Natasha Turchin will become the chief financial officer for North Brunswick. I congratulate her, and I think that we should feel used and abandoned. Old Bridge's loss is going to be North Brunswick's gain because Natasha has been a valuable part of this administration. Her stay was only two short years, but I knew from the start that someone of her talent was only going to be going on to bigger and better things.

Mr. Shah: I echo the mayor's sentiment that this is our loss. Natasha has touched everyone in finance and the council as well as all the employees in the township, and I congratulate and wish her luck in North Brunswick.

President Baker: On behalf of the council we will miss you and we wish you well.

Ordinance for Second Reading.

Denied

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 06-2005

AN ORDINANCE TO AMEND THE LAND DEVELOPMENT ORDINANCE “HOME BUSINESSES OR HOME PROFESSIONAL OFFICE SIGNS”

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Land Development Ordinance of the Township of Old Bridge, Article VII – Zoning to read as follows:

SECTION 1. PURPOSE

This Ordinance is intended to amend the Land Development Ordinance to limit signs for Home Businesses or Home Professional Offices to three (3) square feet, and requires that said sign be attached to the building

SECTION 2. AMENDMENTS TO ARTICLE VII – ZONING

A. Section 7-3G.2 Permitted Signs in Residential and Apartment Zones. The following signs are authorized in conjunction with permitted and prior non-conforming residential and apartment uses:

a. Personal signs which are exempt from the requirements of obtaining a sign permitted under Article XI.

b. Signs for permitted home occupation, home business or home professional office, in accordance with Section 7-2.B.(2). q. (Home Business) and r. (Home Professional Office of this ordinance.

c. All multi-family conditions which meet the requirements herein below set forth.

B. Section 7-2B(2)q. Home Businesses Subsection (10) is hereby amended to read as follows: (10) There is no exterior evidence of the home business other than one (1) name plate sign identifying the home business, not exceeding three (3) square foot in area, attached to the building, and

C. Section 7-2B(2)q.(10)(a) is hereby renumbered to read as follows: Section 7-2B(2)q.(11).

D. Section 7-2B(2)r. Home Professional Office Subsection (10) is hereby amended to read as follows: There is no exterior evidence of the home professional office other than one (1) nameplate sign identifying the home professional office, not exceeding three (3) square foot in area, attached to the building, and

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 township council by delivering to the Township Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the ordinance pursuant to N.J.S.A. 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 N.J.S.A. 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 Township Council and approval by the Mayor, where such approval is required, unless the Township Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council vote in favor of such resolution.

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

AYES: Councilmen Calogera, Greene, President Baker.

NAYS: Councilmen Butler, Gillespie, Maher, Testino, Volkert.

ABSENT: Councilwoman Panos.

Prior to the roll call vote President Baker opened a public portion. Seeing no hands President Baker closed the public portion and the following discussion ensued.

Councilman Gillespie: I did not support this ordinance on first reading, and I don't intend to support it this evening. To me it appears to be a solution in search of a problem. I don't know that we have reached a nuisance level in terms of these signs warranting an ordinance to regulate them. I am uncomfortable with the fact that in the ordinance itself we separate out one form of business person and we say to them that we are regulating you and your signs, and we are silent on another type of business person. That is home based businesses and occupations---people who use their home to operate a business. Many of these people are working close to the vest in terms of a profit margin. I don't know if this type of regulation, though minor, is warranted. I do not support the ordinance.

Councilman Greene: I think there may be some confusion. The reason why we got to where we are now is because there have been a proliferation of lawn signs advertising any type of business. They are permanently put on lawns or put on the grass area between the curb and the sidewalk. A number of residents had at the time expressed a concern, and I absolutely agree with them. This type of sign takes away from the aesthetics of neighborhoods. When I pursued it, I ascertained that we did not need an ordinance to change it. It is illegal according to our ordinance. One other item came up, and that was signs permanently attached to houses. The current ordinance permitted four square feet.

This ordinance has nothing to do with lawn signs because they are not permitted, but it addresses those residences that have signs attached to their buildings, i.e., a dentist or an attorney who has an office in a residential area. This directs that issue, and I believe that we decided on a sign of no larger than three square feet. This is a quality of life issue appropriate in a residential area. I am not referring to commercial areas; this has to do with residences, and I believe it to be appropriate. I think it is a quality of life, and if you look at it differently, so be it. I ask my colleagues to support this because it is a good, positive thing. This only applies to those signs attached to houses.

Councilman Calogera: I agree with Mr. Greene. With the influx of home businesses, there needs to be a separation between residential and commercial areas. Commercial areas are not the ones in question. Their signage is much bigger and they have bounds within our code. Having all the signs in residential areas does take something away from that. Many years ago the only people who had businesses in residential areas were doctors and had a very small sign - a shingle. You don't need to have huge signs on the side of a house. People using services in a residence know it is there, and that is why they go there. I would like to stop that problem from getting to a problem where we have to come back and solve it later.

Councilman Testino: Initially, I said that I would not be supporting this because I felt that we were over regulating. I did not see the new harm that was not being dealt with the ordinances that we had. Based on comments tonight, I haven't been persuaded from that position. The lawn signs that generated the inquiry from the councilman are already illegal. It is just a matter of enforcement. We should focus on enforcement and leave the ordinances where they are and stop over regulating the homeowners.

Councilman Gillespie: I respect it if Councilman Greene has had complaints from his constituents. I have not gotten that, and don't see this as a public nuisance. I am troubled that we are singling out the home based business owner. I think that as long as they are not running a chemical plant or an auto body shop in their garage or in their driveway, these are people who operate very peacefully and are largely invisible to their neighbors. I am troubled that we are singling out one type of business operator for formal regulation.

Councilman Greene: I want to be sure that there is not anything else in the ordinance of which I am not aware.

Mr. Jacobs: My recollection is that it is a little different than what is described here tonight. The original draft was amended to correct different sections. There are two types of signs that we are experiencing. One is advertising a home occupation. The other, which is illegal, is when you are advertising something that is not a home occupation in your front yard. Those signs are already illegal. Prior to this ordinance, free standing signs fifteen feet back from the road were also legal advertising a home occupation. This ordinance requires them to be mounted on to the structure. It did two things - it established a size, and would make illegal the free standing sign in the yard.

Councilman Greene: That is an excellent point, and we were surprised when that came up. It has been a number of weeks since we discussed that. We found an oddity in the ordinance which permitted lawn signs to be placed on lawns as long as they were beyond fifteen feet from the road. This is positively wrong in a residential area. It is bad enough when you drive through [the township] and see signs during an election period, but worse when you see a permanent sign on someone's lawn permanently advertising a business. I don't know what arrangements occur, but I have found that most of the cases the signs advertise businesses which are not a part of the residence. Perhaps a financial arrangement was made with the homeowner or because they are a friend or a relative. Most of the time these signs have nothing to do with anything occurring inside the house. This is commercial advertising on lawns of residences for some other company. You may have concerns about this, but it goes beyond regulating one business. This clearly regulates businesses which are proliferating advertising throughout this town on residential property.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 08-2005

ORDINANCE TO AMEND THE LAND DEVELOPMENT ORDINANCE “ARTICLE VII, APPLICATION OF YARD REGULATIONS”

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Land Development Ordinance of the Township of Old Bridge, Article VII – Zoning of the Old Bridge Township Land Development Ordinance to read as follows:

SECTION 1: PURPOSE

The purpose of this Ordinance amendment is to permit above ground and below ground pools on single family residential lots to encroach into the minimum required rear yard or side yard accessory structure area, provided that a minimum distance of six (6) feet is provided between the pool wall and the affected property line.

SECTION 2: AMENDMENT TO ARTICLE VII – ZONING OF THE OLD BRIDGE TOWNSHIP LAND DEVELOPMENT ORDINANCE

The following section shall be amended and added to Article VII – Zoning of the Old Bridge Township Land Development Ordinance as follows:

Article 7-3D Application of Yard Regulations

The following provision is hereby established:

Article 7-D3.6 Above ground and below ground pools on single family residential lots are specifically permitted to encroach into the minimum required rear yard or side yard accessory structure setback area, provided that a minimum distance of six (6) feet is provided between the pool wall and the affected property line.

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 NJSA40A: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 N.J.S.A. 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 Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilwoman Panos.

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

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE NO. 09-2005

BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS AND ACQUISITION OF EQUIPMENT IN AND FOR THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $3,741,000 THEREFORE; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $3,335,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $3,741,000;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $3,335,000;

(c) a down payment in the amount of $180,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $3,335,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $180,000, which amount represents the required down payment and a New Jersey Department of Transportation Grant in the amount of $226,000, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $3,335,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $3,335,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $700,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Purpose/Improvement Estimated Total Cost Down Payment
Grants Amount of Obligations Period of Usefulness

A. Acquisition of Networking Technology, Geographic Information System, Document Managing System and Computer Software Licenses, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $303,000 $14,580 0 $288,420 5 years

B. Renovations and Improvements to various Township Buildings, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto, all as more particularly described in records on file in the office of the Clerk 536,000 25,790 0 510,210 10 years

C. Road and Drainage Improvements in the Township, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto, all as more particularly described in the records on file in the office of the Clerk 2,902,000 139,630 226,000 2,536,370 10 years

Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 9.56 years.

Section 9. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $3,335,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 10. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 11. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 12. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 13. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 14. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 15. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 16. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Maher.

ABSENT: Councilwoman Panos.

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

Ms. Seiler: I asked Mr. Jacobs for a statement of the total amount of bonding in 2004 and 2005. There are other things that need to be bonded for. During the last storm, rain poured into the library, and we need a roof. The taxpayers are going to have to pay the interest on these bonds. I am concerned about the amount of bonding that we are doing. Is this all necessary?

President Baker: We are going to be voting on that, and I assume that the council will vote in the affirmative that everything is necessary. As to your first query, Mr. Jacobs' plate is full, and at this first moment I am sure he will get back to you in writing as well.

Ordinance for second reading.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 10-2005

BOND ORDINANCE AUTHORIZING THE REPLACEMENT OF THE ROOF OF THE ICE ARENA IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY; APPROPRIATING THE SUM OF $262,500 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $250,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Old Bridge, County of Middlesex, New Jersey ("Township").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $262,500;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $250,000;

(c) a down payment in the amount of $12,500 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11; and

Section 3. The sum of $250,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $12,500, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $275,500 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $250,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $50,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

Purpose/Improvement Estimated
Total Cost Down Payment Amount of Obligations Period of Usefulness

A. Replacement of the Roof of the Township Ice Arena, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 262,500 12,500 250,000 15 years

Section 8. Grants or any other funds received from any governmental or private entity will be applied to the payment of, or repayment of obligations issued to finance, the costs of improvements described in Section 7 above.

Section 9. The period of useful life of the purpose for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, is not less than 15.00 years.

Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $275,500 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 12. The applicable Capital Budget of the Township is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.0-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Township hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

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

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

NAYS: None.

ABSENT: Councilwoman Panos.

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

Seeing no hands President Baker closed the public portion and the ensuing discussion took place.

Councilman Testino: We have to replace this roof and the library roof is coming up. In my tenure I have seen situations where you cannot avoid doing some of these projects because you have to protect the structure, the interior or else it will cost more money. I don't know if it is comparable to a homeowner situation when you know that you will do a roof once in twenty years. These buildings take a lot of use, and they are built of different designs. We are doing this because our experts are telling us to do this. Hopefully, in the case of the library, we have some money put aside because of the negotiated settlement. In this case I cannot see how we can allow the damage to continue to the equipment and the facility.

Ordinance for second reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 11-2005

ORDINANCE AMENDING SECTION 10-8.9 RESIDENTIAL PERMIT PARKING

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 provide parking by permit only in certain residential areas designated herein after.

SECTION 2: ORDINANCE

Residential Permit Parking, Section 10-8.9 of Chapter X of the Code of the Township of Old Bridge is hereby amended by adding:

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 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 township council by delivering to the Township Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the ordinance pursuant to N.J.S.A. 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 N.J.S.A. 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 Township Council and approval by the Mayor, where such approval is required, unless the Township Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Township Council vote in favor of such resolution.

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

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

NAYS: None.

AYES: Councilwoman Panos.

President Baker opened a public portion.

Seeing no hands President Baker closed the public portion and the following discussion took place.

President Baker: I congratulate Councilwoman Panos for recognizing a problem in her area. This is another job well done.

Councilman Testino: The residents indicated that they wanted this ordinance, and they see it as a partial answer. I understand that there will be enforcement problems, but we owe it to the residents on Ridge Road to give them some relief to what they see as a parking problem. This will require the residents to obtain stickers and display them. This could be a minor burden because I assume that most of them have a driveway and they can avail themselves of the Township Clerk's hours.

Councilman Calogera: I feel for the residents in that area because of the location of the club and the problems that it brings with regard to parking which has been a problem for the
people in that area. I commend Councilwoman Panos for bringing this up, and I believe this is a direct way to deal with some of the problem. We need to be vigilant to be sure that the permit process is followed on the enforcement side. I have spoken to residents on Inverness, where we have parking by permit only. Most are satisfied with this because it has alleviated a problem with commuters. Hopefully, this will be one step, but not the last, in dealing with the problem in South Old Bridge.

Councilman Greene: It is unfortunate that we have to come to this point. This is all about a business that has deceived the Township of Old Bridge and the Township Council as to the type of operation it was going to maintain. It is unfortunate that the residents have had to put up with the quality of life problems that this commercial establishment has created, i.e., the parking problem, litter, urinating, etc. etc. I hope that the Township of Old Bridge maintains its efforts and makes sure that everything is done so that this business operates in the fashion it should and no longer creates a nuisance in South Old Bridge.

Ordinance for first reading.

ORDINANCE NO. 12-2005

GOVERNING THE PRESERVATION, PROTECTION, MAINTENANCE AND REMOVAL OF TREESWITHIN THE TOWNSHIP OF OLD BRIDGE

CHAPTER

WHEREAS, the Township Council of the Township of Old Bridge has determined that the preservation, maintenance and controlled removal of certain trees is essential to the health, safety, economy and general welfare of the Township

NOW, THEREFORE, be it ordained by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:

SECTION 1. PURPOSE & FINDINGS OF FACT
The Township Council of the Township of Old Bridge, finds that indiscriminate, uncontrolled, and excessive destruction, as well as the removal and cutting of trees on lots and tracts of land within the Township, may cause:

A. Increased drainage control cost.
B. Increased soil erosion and sedimentation.
C. Decreased fertility of the soil.
D. Degradation of water resources.
E. Decreased groundwater recharge.
F. Increased buildup of atmospheric carbon.
G. The establishment of a heat island effect.
H. Increased dust and pollution.

This could impact the character of the Township and decrease property values, and render the land unfit an unsuitable for its most appropriate use and adversely effects the health, safety and welfare of the inhabitants of the Township. The Township desires to regulate and control indiscriminate and excessive cutting of trees within the Township. The Township strives to preserve the maximum possible number of trees within the Township as well as to protect larger, older specimens of trees, and in addition, to promote the preservation of existing trees and to provide a plan for replacement of trees.

It is recognized that there is a strong relationship between the integrity of the Township's water resources, development on steep slopes, tree removal, soil disturbance, storm water management and the general use of the land resources; and a correlation between increased air pollution and high density residential and commercial or industrial uses. Therefore, the Township finds that the appropriate management of these resources is an important health, safety and general welfare concern.

SECTION 2. DEFINITIONS

The following words and expressions used in this Chapter shall have the following meanings, unless the context clearly indicates a different meaning:

CLEAR CUTTING - The removal of all standing trees on a lot or portion of a lot.

DIAMETER AT POINT OF MEASUREMENT - The diameter of a tree measured four and one-half (4 ½) feet (forestry method) above the ground level on the downhill side for existing trees. Trees utilized in the replacement of existing trees or proposed as part of a landscape plan shall be measured twelve (12) inches above ground level for trees over a four (4) inch diameter, and the measurement shall be six (6) inches above grade for trees up to four (4) inch diameter (nursery method). Diameter at point of measurement may appear as the abbreviation “DPM”.

MANAGEMENT PLAN - Plan for the management of timbered or forested lands developed by the New Jersey Department of Environmental Protection, Bureau of Forestry, or similar state or federal agency or the Township Forester.

MUNICIPAL TREE PLANTING PLAN - A specific plan adopted by the Township Council of the Township of Old Bridge for the location and placement of trees on public property.

REPLACEMENT TREE - A nursery grown certified tree, properly balled, and marked with a durable label indicating genus, species and variety, and satisfying the standards for nursery stock and installation thereof, set forth by the American Association of Nurserymen.

SPECIMEN TREE - Any tree with DPM of thirty-six (36) inches or greater or any tree designated by the Township Council as a Historic or Landmark Tree and such
other trees or species of tree as Council may, from time to time designate as a specimen tree.

TREE - Any deciduous or coniferous species which reaches a typical mature height of twelve (12) feet or more and has a typical DPM of (4) inches or greater at maturity.

TREE REMOVAL AND REPLACEMENT PLAN - A specific plan for replacement of removed trees in accordance with the provisions of this chapter.

TREE REMOVAL PERMIT - License issued by the Conservation Officer of the Township of Old Bridge to remove or destroy a tree or trees.

SECTION 3. ESTABLISHMENT OF CONSERVATION OFFICER

There is hereby established the position of “Conservation Officer of the Township of Old Bridge”, who shall be appointed by the Mayor. This official shall be charged with the inspection of sites for which applications are filed under this chapter, and the administration and enforcement of the tree removal and protection requirements of this Chapter. The Conservation Officer shall have a bachelor's degree in forestry , arboriculture or agriculture from an accredited college or university, shall be certified as a “Certified Tree Expert” by the State of New Jersey, and shall have a minimum of five (5) years experience in the planting, care, and maintenance of trees. The Conservation Officer shall be paid from the Tree Escrow Fund which is established herein, and shall be paid in accordance with a fee schedule established by Contract with the Township of Old Bridge.

SECTION 4. CUTTING OR REMOVAL RESTRICTED

Subject to the exemptions set forth herein, no person shall cut or remove, or cause to be cut or removed, any tree upon any lands within the Township, unless the cutting or removal is accomplished in accordance with the provisions of this chapter.

SECTION 5. TREE REMOVAL PERMITS

A. Permit Required.
(1) No person shall remove or destroy or cause to be or allow to be removed or destroyed any tree without first obtaining a tree removal permit. Tree removal permits shall be issued by the Conservation Officer.
(2) Where the tree removal is for the construction of any building, driveway, recreation area or anything else for which a building permit is required, no building permit shall issue until the applicant, unless exempt, has obtained any permit(s) required under this chapter. Where a tree is proposed to be removed in conjunction with an application for development that requires site plan approval, the applicable provisions of the Township's Land Development Ordinance shall apply in lieu of the requirement for a tree removal permit.

B. Permit Application.
Applications for a permit shall be made to the Conservation Officer and shall contain the following information:
(1) The name and address of the applicant
(2) The name and address of the owner of the property from which the tree(s) are to be removed.
(3) Location on the property of the tree(s) to be removed, indicated on the Tree Removal and Replacement Plan.
(a) The plan shall indicate all tree(s) to be removed, specifically by an assigned number, and the caliper of each tree.
(b) The plan shall indicate all tree(s) to remain, and proposed replacement trees, specifically by an assigned number.
(c) In lieu of (a) and (b), for any clearing greater than three (3) acres, or where determined to be appropriate by the Conservation Officer for any clearing of less than three (3) acres where the property is heavily wooded, a representative five percent (5%) sampling of the wooded areas proposed to be cleared shall be inventoried. The representative five percent (5%) shall be determined by agreement between the Conservation Officer and the applicant, provided that all specimen trees shall be indicated on the plan.
(d) All reasonable efforts shall be made to preserve specimen trees, including but not limited to, if feasible, relocation of infrastructure, roadways, and buildings. Removal of specimen trees shall require the specific written recommendation of the Conservation Officer and approval of the Township Council.
(e) The plan shall indicate a limit of disturbance line (i.e. where a four (4) foot high standard wood snow fence will be erected if required by the Conservation Officer.)
(4) Any other information which may reasonably be required to enable the application to be properly evaluated including, but not limited to, a description of the purpose for which this application is to be made; e.g. clearing land for agricultural use, harvesting timber, fire protection, private parks, scenic improvements, hardship, danger to adjacent properties, removal of diseased or damaged trees, transplanting or removal in a growing condition to other locations, installation of utilities, or drainage of surface water.

C. Inspection Required.
The Conservation Officer shall inspect the trees and the property which are the subject of the permit application, for the purpose of enforcing this chapter.

D. Exemptions from Ordinance.
Any destruction or removal of trees, except specimen trees, shall be exempt from the provisions of this chapter if the trees sought for destruction or removal are:
(1) Growing on property actually being used as a nursery, garden center or orchard.
(2) Removed in accordance with a “Management Plan” approved by the New Jersey Department of Environmental Protection and Conservation Officer.
(3) Located on a working farm and either cleared in accordance with a soil conservation plan approved by the Department of Environmental Protection, or exempted from DEP requirements.
(4) Located on property of less than one (1) acre, provided no more than five (5) trees are to be removed within any one (1) year period.
(5) Less than four (4) inches DPM.

E. Fees.
Upon application for a tree removal permit, the applicant shall be charged the following fees:
(1) Fifteen dollars ($15.00) per tree, up to a maximum of Six Hundred Dollars ($600.00) per acre, or part thereof, to be cleared.

F. Time Limit.
All tree removal permits shall be limited to one (1) year from date of issuance. If the approved tree removal has not occurred within one (1) year, a new permit must be applied for and is subject to the payment of new fees. If, however, applicant diligently pursues other governmental approval, or if approved development is ongoing, the permit may be renewed for up to two (2) six (6) month periods. A renewal fee of $75.00 shall be due and payable for each renewal.

SECTION 6. TREE ESCROW FUND ESTABLISHED.

A Tree Escrow Fund shall be established by the Township to receive and disburse replacement tree contributions under the supervision of the Township Finance Director. Appropriations from the Tree Escrow Fund shall be authorized by the Mayor and Council in accordance with the municipal tree planting plan.

The primary purpose of said fund is to provide for the replacement of trees. Administrative costs to implement the provisions of this Chapter, including but not limited to site inspections, processing of permits, supervision of tree replacement, and enforcement of this Chapter shall not exceed thirty percent (30%) of the fund, as determined on an annual basis by the Township Finance Director.

SECTION 7. REPLACEMENT TREES.

Any tree removed pursuant to this chapter, unless exempt, shall be replaced based on the following replacement.

A. Trees to be Removed Replacement Trees Diameter # of Trees Diameter or Dollar Amount

Greater than 4" & up to 12" 1 2-2 ½" $240.00
Greater than 4" & up to 12" 1 3 ½ -4" $480.00
Greater than 12" & up to 18" 2 2-2 ½" $440.00
Greater than 18" & up to 24" 2 3" $840.00
Greater than 24" 4 3" $1,680.00

B. The applicant will receive a one for one replacement tree credit should stands of ten (10) or more trees greater than 4 inches in diameter be preserved within the limit of the disturbance line.

C. All replacement trees shall be planted on site in accordance with the foregoing. However, if one (1) or more of the following conditions exist, some or all of the replacement trees may be planted offsite:
(1) The site in question cannot physically accommodate the total replacement amount of trees, and the applicant contributes an amount equal to the calculated monetary value of unreplaced trees to the Tree Escrow Fund, or
(2) The Conservation Officer and Applicant agree in writing that the Applicant shall make payment to the Tree Escrow Fund based upon the above chart, or
(3) The Conservation Officer and Applicant agree in writing that the Applicant shall plant replacement trees off-site on municipally owned property pursuant to the municipal tree planting plan.

SECTION 8. CRITERIA FOR TREE REMOVAL WITHOUT REPLACEMENT TREES.

A. Existing Developed Property.
If the application is on behalf of an existing developed property not exempt from the provisions of this Chapter, and it is disclosed that the total number of trees, other than specimen trees, to be removed or destroyed on the property which is the subject of the application, is ten (10) or less, the permit shall be issued without replacement trees required. Within any one (1) year period, permits may be used for removal of a total of no more than ten (10) trees on the same property without replacement trees being required.

B. Other Exemptions.
(1) If the application is for a new development for which a subdivision application is required under the municipal land use law or for which a building permit to construct a new single or two-family dwelling on an individual lot is required, up to fifty percent (50%) of the trees on an individual lot may be removed for the purpose of clearing for the proposed building, driveway(s) and usable yard space on the building lot(s) only, without replacement trees required, provided that said clearing not exceed 20,000 square feet of contiguous space.

(2) If the application is for a development for which site plan approval is required under the municipal land use law, all tree removal shall be controlled by the applicable provision of the Land Development Ordinance.

(3) Any tree removed from an area of property to be dedicated as public improvement, e.g. drainage facilities and public roadways, shall be exempt from the replacement provisions of this chapter, except that where private roadways, parking areas or open space are proposed, all trees are subject to replacement in accordance with this chapter.

C. Other Criteria.
(1) The Conservation Officer shall approve the removal of a tree, except a Specimen Tree, without requiring replacement trees or payment into the Tree Escrow Fund, if the following criteria apply:
(a) The tree is located on a parcel for which preliminary or final subdivision or site plan approval was obtained prior to the adoption of the within Ordinance and it cannot be relocated on the site because of its age, type or size; or
(b) The tree is dead, diseased, injured, in danger of falling, interferes with existing utility service, creates an unsafe condition, or its continued presence conflicts with any other Ordinances or regulations.
(2) No Specimen Tree shall be removed, unless the Conservation Officer has obtained the approval of the Township Council.

SECTION 9. ENFORCEMENT

The requirements of this Chapter shall be enforced by the Conservation Officer, who shall inspect or require adequate inspection of all sites upon which there is an application for tree removal. The Conservation Officer shall oversee all applicable tree removal or destruction and soil removal incidental thereto. Upon ascertaining a violation of this chapter, the Conservation Officer shall refer charges in the Municipal Court as provided in this Article. In addition to other remedies, the Conservation Officer, Zoning Officer, Construction Official, or other proper municipal official, may institute any appropriate legal action to prevent a continuing violation of the terms of this chapter.

SECTION 10. VIOLATIONS AND PENALTIES

Any person, violating or causing to be violated any of the provisions of this Article, shall be subject to a fine of not less than Two Hundred Fifty Dollars ($250.00) and not more than One Thousand Dollars ($1,000.00) and shall replace each tree destroyed or removed in violation of this Article in accordance with the tree replacement provision of this chapter. Each tree destroyed or
removed in violation of this Article shall be considered a separate offense.

SECTION 11. APPEAL

Any applicant or permit holder or any person otherwise aggrieved under this chapter, may appeal to the Township Council any decision of the Township Conservation Officer by filing written notice with the Township Clerk within ten (10) days of said decision. The Township Council is hereby authorized and empowered in such cases to hear and fully decide and dispose of such matters. The Township Council shall hold a public hearing thereon and act upon the same no later than sixty (60) days after the notice has been filed, unless the applicant requests, and the Township Council consents to extend the time for such action.

SECTION 12. SEVERABILITY.

If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.

SECTION 13. INCONSISTENT ORDINANCES.

All ordinances or parts of ordinances inconsistent with the provisions of this chapter shall be and the same are hereby repealed. If any section, subdivision, sentence, clause or provision of this chapter shall be adjudged invalid, such adjudications shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of the chapter shall be deemed valid and effective.

SECTION 14. EFFECTIVE DATE.

This chapter shall take effect upon final passage and publication as provided by law.

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

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

NAYS: None.

ABSENT: Councilwoman Panos.

ABSTAIN: Councilman Maher.

Ordinance for First Reading.

Amending the ordinance providing for the defense of actions and the individuals of public employees and officials.

Attorney Convery: I indicated that I was giving out the draft ordinance for comments, and I have not gotten all the comments back. I think that of this date it would be premature for first reading since it would have to be advertised. I request that you hold it and review it. I will place this on the agenda for the next agenda meeting as a discussion ordinance.

Consent Agenda.

RESOLUTION NO. 158-05

REQUESTING THE INSERTION OF AN ITEM OF REVENUE IN CONNECTION WITH THE LAW ENFORCEMENT TRAINING AND EQUIPMENT FUND IN THE AMOUNT OF $8,150.00

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

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget:

WHEREAS, said Director may also approve the insertion of any item of appropriation for an equal amount; and

WHEREAS, the Township of Old Bridge received $8,150.00 for the Law Enforcement Officers Training and Equipment Fund (LEOTEF) and wishes to amend its SFY 2005 Budget to include this additional amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Township of Old Bridge hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year SFY 2005 in the sum of $8,150.00 for the Law Enforcement Officers Training & Equipment Fund (LEOTEF) which is now available as a revenue from:

Law Enforcement Officers Training and Equipment Fund (LEOTEF)

BE IT FURTHER RESOLVED that a like sum of $8,150.00 be and the same is hereby appropriated under the caption of:

Law Enforcement Officers Training and Equipment Fund (LEOTEF)

BE IT FURTHER RESOLVED, that the Clerk forward three (3) copies of this resolution to the Director of Local Government Services.

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

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

NAYS: None.

ABSENT: Councilwoman Panos.

ABSTAIN: Councilman Greene.

RESOLUTION NO. 159-05
AUTHORIZING PREPARATION OF SPECIFICATIONS FOR CELL TOWER AT PENSION ROAD PROPERTY

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

WHEREAS, various wireless carriers have expressed great interest in locating a cell tower at a site in South Old Bridge near Raceway Park; and

WHEREAS, said wireless carriers have indicated a need for such cell tower to provide adequate cell phone service to the public; and

WHEREAS, the Township Park on Pension Road has been identified as a very suitable site to provide excellent cell phone service in that area; and

WHEREAS, the location of said site will not interfere with the full use and enjoyment of said park; and

WHEREAS, the various carriers have indicated that they will have to seek a private site for a cell tower in South Old Bridge if the park site is not available.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Business Administrator and Township Attorney are hereby authorized to prepare bid specifications and lease requirements relative to the location and construction of a cell tower at the Township Park located on Pension Road in South Old Bridge; and

IT IS FURTHER RESOLVED that all bids are subject to the review and approval of the Township Council, and that any lease agreement shall be approved by the Township Council prior to acceptance and execution by the Township of Old Bridge.

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

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

NAYS: None.

ABSENT: Councilwoman Panos.

ABSTAIN: Councilman Greene.

RESOLUTION NO. 160-05

AUTHORIZING THE MAYOR AND THE TOWNSHIP CLERK TO ENTER INTO AN INTERLOCAL SERVICES CONTRACT WITH THE MIDDLESEX COUNTY IMPROVEMENT AUTHORITY FOR RECYCLING COLLECTION AND MARKETING SERVICES OF DESIGNATED RECYCLABLES

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

WHEREAS, the Township of Old Bridge, wishes to enter into an agreement with the Middlesex County Improvement Authority (“M.C.I.A.”) for Recycling Collection Services; and

WHEREAS, pursuant to the Solid Waste Management Act, NJSA 13:1E-1 et seq., each county within the State of New Jersey is deemed a solid waste management district; and

WHEREAS, the Township of Old Bridge is desirous of contracting with the M.C.I.A. for furnishing of the municipal recycling collection and marketing services of designated recyclables pursuant to the Middlesex County Recycling Plan from March 1, 2005 through February 28, 2010.

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

1. The Mayor and Clerk are hereby authorized to execute the agreement to effectuate the Township's participation with the Middlesex County Improvement Authority for recycling
collection and marketing services of designated recyclables from March 1, 2005 through February 28, 2010.

2. The Township Attorney shall review any and all documents prepared in furtherance of the agreement with the County for Recycling Collection and Marketing Services of Designated Recyclables.

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

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

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT: Councilwoman Panos.

RESOLUTION NO. 161-05

AUTHORIZING PREPARATION OF LEASE FOR FARMING OF THE LAMBERTSON AND ROSE FARMS FOR THE 2005 CALENDAR YEAR

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

WHEREAS, the Rose Farm and Lambertson Farm are owned by the Township of Old Bridge, and are under review for creation of a municipal golf course at said locations; and

WHEREAS, farming of said land will benefit the soils and also produce some revenue for the Township; and

WHEREAS, under the Local Lands and Building Law, there is an exception to bidding requirements for vacant land pursuant to NJSA 40A:12-15; and

WHEREAS, the Business Administrator and Township Attorney have prepared specifications for a lease which will protect and preserve the sites while pursuing plans for a municipal golf course.