A Combined Meeting of the Township Council of the Township of Old Bridge was held on August 22, 2005 in the Municipal Complex. The meeting was called to order at 7:30 p.m. by President Baker.

Moment of Silence.

President Baker requested a moment of silence for the Armed Forces who serve our country.

Deputy Clerk, Stella Ward announced that pursuant to Section 5 of the Open Public Meetings Act this meeting has been advertised in the Home News and Tribune and that the next public meeting would be held on Monday, September 12, 2005 in the municipal complex.

Roll call by Deputy Clerk Ward showed the following council members answering present: Councilmen Butler, Calogera, Gillespie, Greene, Maher, Testino, Volkert, Councilwoman Panos, President Baker.

RESOLUTION NO.388

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:

June 27, 2005 - Regular/Executive

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

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

NAYS: None.

ABSTAIN: Councilmen Greene, Testino.

RESOLUTION NO. 389

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 approval:

July 11, 2005 - Combined

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

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

NAYS: None.

ABSTAIN: Councilmen Calogera, Testino.

RESOLUTION NO. 390

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 August 22, 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 August 22, 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 $2,616,769.52 (Accounts Payable).

Moved by Councilman Butler, seconded by President Baker 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. 391

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 August 22, 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 August 22, 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 $906,137.84 (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, Testino, Volkert, Councilwoman Panos, President Baker.

NAYS: None.

RESOLUTION NO. 392

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 August 22, 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 August 22, 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 $55,891.69 (Overtime).

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

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

NAYS: Councilmen Calogera, Maher.

RESOLUTION NO. 393

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 August 22, 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 August 22, 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 $821,627.45 (Payroll).

Moved by Councilman Butler, seconded by President Baker 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. 394

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 August 22, 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 August 22, 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 $20,809.85 (Overtime).

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

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

NAYS: Councilman Maher.

Preliminary public comment.

Mr. Rabuffo (49D Middlesex Road): Addressed the council about 49B and C Middlesex Road and his concern that a business was being conducted in an area residentially zoned and the residual problems relating thereto.

Mr. Hotte (47 Middlesex Road): Added to Mr. Rabuffo's comments with respect to 49B and C Middlesex Road.

President Baker: Directed a zoning officer to visit the property.

Mr. Tobin (22 Wendy Drive): Brought to the council's attention that only one-half of Cindy Street had curbs replaced.

Mayor Phillips: Explained that the contract for the Cindy Street curbs ran out, but that a change order would be in place to complete the work.

Councilman Calogera: Guaranteed that the work would be completed.

Mrs. York: Distributed pictures of the vandalism and rotting conditions on the Rt. 18 walkway bridge. Expressed her concern about the “Baker's Union” building.

Seeing no further hands President Baker closed the public portion.

Mayor's comments.

Mayor Phillips: Commended the volunteers and all those who made Salt Water day a success. The fireworks were made possible by donated funds

Presentation – Zoning Board Members.

Mayor Phillips recognized the following members of the zoning board:

Kiran Desai, Terri Settlekowski, James O'Kane, Barbara York, Drake Pallister, Kevin Coletti, Ramesh Patel

Hearing.

1. Rt. 516 Animal Hospital – release/reduction of performance guarantee. POSTPONED.

Motion

to request the applicant to give regular mail notice of the new hearing date, September 12, 2005 at 7:00 p.m., made by Councilman Testino, seconded by Councilman Gillespie and so ordered on the following roll call vote:

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

NAYS: None.

Guest Presentation.

1. Mark Remsa, P.P. – COAH Third Round Requirements.

Mr. Remsa outlined the third round plan element and fair share plan to be submitted to the Council on Affordable Housing. After discussion with the Township Council it was decided that a condition of this draft plan would be the elimination of any fee for non-residential development, and to impose a one percent (1%) fee for residential development, with a six percent (6%) fee for developments which have received a “d” variance.

RESOLUTION NO. 395

AUTHORIZING THE SUBMISSION OF THE THIRD ROUND (1987-2014) HOUSING PLAN ELEMENT AND FAIR SHARE PLAN TO THE COUNCIL ON AFFORDABLE HOUSING

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

WHEREAS, the Township Council of the Township of Old Bridge retained Mark A. Remsa, P.P. as Consultant Planner to prepare the Third Round (1987-2014) Housing Plan Element and Fair Share Plan for the Township of Old Bridge; and

WHEREAS, the Council on Affordable Housing (“COAH”) has advised the Township of Old Bridge that its Third Round Plan must be filed by September 13, 2005 in order to continue to insulate the Township from any builder's remedy lawsuit and remain under the jurisdiction of COAH; and

WHEREAS, Mark A. Remsa, P.P. has presented a draft Third Round Housing Plan Element and Fair Share Plan to the Township Council for its review and consideration, and has made a presentation to the Township Council concerning said plan, and the proposed ordinances necessary to implement said plan; and

WHEREAS, the Township Council has endorsed said plan for submission to COAH with the condition that this draft plan be modified to eliminate any fee for non-residential development, and to impose a one percent (1%) fee for residential development, with a six percent (6%) fee for developments which have received a “d” variance pursuant to N.J.S.A. 40:55D-70d(5); and

WHEREAS, this modified plan is to be presented to the Old Bridge Planning Board on September 6, 2005 for its review and adoption; and

WHEREAS, the Township Council believes that it is in the best interest of the Township to seek and obtain Substantive Certification from COAH in order to provide its fair share of affordable housing, and to continue to insulate the Township from any builder's remedy lawsuit.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that it hereby endorses the Third Round (1987-2014) Housing Element and Fair Share Plan prepared by Mark A. Remsa, P.P., as modified on the record at its regular meeting on August 22, 2005 and as noted herein; and

IT IS FURTHER RESOLVED that a copy of this resolution be forwarded forthwith to the Old Bridge Planning Board and Mark A. Remsa, P.P.

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

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

NAYS: None.

ABSENT PODIUM: Councilman Calogera.

Introduction of SFY 2006 Budget.

Prior to reading the budget resolution, Mr. Shah informed the Township Council that the tax rate would be $.76 (same rate as last year) and the pension cost as budgeted has been increased by $250,000 which has not been included in the budget as introduced. The adjustment will be made when we know the amount of financial aid we will be receiving.

RESOLUTION NO. 396
INTRODUCTION OF SFY 2006 BUDGET

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

the following statements of revenue and appropriations shall constitute the Municipal Budget for the Fiscal Year 2006.

BE IT FURTHER RESOLVED that the said budget be published in the Home News & Tribune in the issue of September 16, 2005; and

WHEREAS, the Governing Body of the Township of Old Bridge does hereby approve the following as the Budget for the Fiscal Year 2006; and

WHEREAS, notice is hereby given that that Budget and Tax Resolution was approved by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey on August 22, 2005. A hearing on the budget and tax resolution will be at One Old Bridge Plaza on September 26, 2005 at 7:30 p.m. at which time and place objections to said budget and tax resolution for the year 2006 may be presented by taxpayers or other interested persons.

General Appropriations For:
1. Appropriations within “CAPS”
     (a) Municipal Purposes (Item H-1, Sheet 19) (NJSA 40A:4-45.0) 29,275,274.00
2. Appropriations excluded from “CAPS”
     (a) Municipal Purposes (Item H-2, Sheet 28 (NJSA40A:4-45.3 as amended 18,448,845.00
     (b)Local District School Purposes in Municipal Budget (Item K, Sheet 29)
Total General Appropriations excluded from CAPS (Item O, Sheet 29) 18,44,845.00
3. Reserve for uncollected Taxes (Item M, Sheet 29) 2,328,122.00
4. Total General Appropriations (Item 9, Sheet 29) 50,052,241.00
5. Less Anticipated Revenue Other than Current Property Tax 25,246,668.00
6. Difference: Amount to be Raised by Taxes for Support of Municipal Budget
     (a) Local Tax for Municipal Purposes Incl.
Revenue for Uncollected Taxes (Item 6(a), Sheet 11) 24,805,573.00
     (b) Additional to Local School District

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: 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
ORDINANCE NO. 22-2005

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE ESTABLISHING MUNICIPAL REGULATIONS GOVERNING DANGEROUS DOGS

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

SECTION 1. PURPOSE.

This Ordinance establishes municipal regulations governing dangerous dogs.

SECTION 2. DEFINITIONS.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL CONTROL OFFICER – Certified Municipal Animal Control Officer as defined in N.J.S.A. 4:19-15.1.

DEPARTMENT – the Department of Health

DOMESTIC ANIMAL - Any cat, dog or livestock other than poultry.

POTENTIALLY DANGEROUS DOG – Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.

VICIOUS DOG – Any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.

SECTION 3. SEIZURE AND IMPOUNDMENT OF DOG BY ANIMAL CONTROL OFFICER; GROUNDS.

A. The Animal Control Officers shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

(1) Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;

(2) Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;

(3) Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or

(4) Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

B. The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner.

SECTION 4. NOTICE OF SEIZURE AND IMPOUNDMENT; DETERMINATION OF IDENTITY OF OWNERS; NOTICE OF HEARING; RETURN OF STATEMENT BY OWNER; DESTRUCTION OF DOG

A. The Animal Control Officer shall notify the municipal court and the municipal health officer immediately that he has seized and impounded a dog pursuant to N.J.S.A. 4:19-19, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to N.J.S.A. 4:19-19. If its owner cannot be identified within seven days, that dog may be humanely destroyed.

B. The Animal Control Officer shall within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted, or if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.

SECTION 5. AGREEMENT BETWEEN TOWNSHIP OF OLD BRIDGE AND DOG OWNER; SETTLEMENT AND DISPOSITION; LIABILITY OF MUNICIPALITY; LEGAL EXPENSES.

Notwithstanding any provision in N.J.S.A. 4:19-17 et seq to the contrary, the municipality and the owner of the dog may settle and dispose of the matter at any time in
such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of N.J.S.A. 4:19-17 et seq. to the contrary, no municipality or any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction
related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The municipality may, as a condition of the settlement agreement, also require
that the owner of the dog hold the municipality harmless for any legal expenses or fees the municipality may incur in defending against any cause of action brought against the
municipality notwithstanding the prohibition against such causes of action set forth in this section.

SECTION 6. FINDING TO DECLARE DOG VICIOUS; GROUNDS.

A. The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

(1) Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or

(2) Has engaged in dog fighting activities as descried in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.

B. A dog shall be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

C. If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

SECTION 7. FINDING TO DECLARE DOG POTENTIALLY DANGEROUS.

A. The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

Ordinance No. 22-2005

(1) Caused bodily injury as defined in N.J.S.A. 2C:11(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person;

(2) Killed another domestic animal; and
     (a) poses a threat of serious bodily in jury or death to a person; or
     (b) poses a threat of death to another domestic animal; or

(3) Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

B. A dog shall not be declared potentially dangerous for:

(1) Causing bodily injury as defined in N.J.S.A.2C:11-1(a) to a person if the dog was provoked; or

(2) Killing a domestic animal if the domestic animal was the aggressor. For the purposes of Subsection B(1) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

SECTION 8. ORDER AND SCHEDULE FOR COMPLIANCE FOR POTENTIALLY DANGEROUS DOG; CONDITIONS.

If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

A. Shall require the owner to comply with the following conditions:

(1) To apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to N.J.S.A.:19-15.2 for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to this article. The owner shall at his own expense have the registration number tattooed upon he dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number and red identification tag.

(2) To display in a conspicuous manner a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to subsection A(3) of this section.

(3) To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude
any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the animal control officer having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.

B. May require the owner to maintain liability insurance in an amount determined by the municipal court to cover any damage or in jury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to name as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

SECTION 9. PROCEDURES FOR APPEAL.

The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order or judgment, including
any conditions attached thereto, of a municipal court pursuant to N.J.S.A. 4:19-17 et seq. by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction

SECTION 10. LIABILITY OF OWNER FOR COSTS OF IMPOUNDMENT AND DESTRUCTION.

A. If a dog is declared vicious or potentially dangerous and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The Municipality may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal depository, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.

B. If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.

SECTION 11. RIGHT TO CONVENE HEARING FOR SUBSEQUENT ACTION OF DOG.

If the municipal court finds that the dog is not vicious or potentially dangerous, the municipal court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.

SECTION 12. DUTIES OF OWNER OF POTENTIALLY DANGEROUS DOG.

The owner of a potentially dangerous dog shall:

A. Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination.

B. Notify the licensing authority, local police department or force and the Animal Control Officer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.

C. Notify the licensing authority, local police department or force and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog.

D. Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.

E. Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force and Animal Control Officer of that municipality of the transfer of ownership and name, address and telephone number of the new owner.

F. In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3, pay a potentially dangerous license fee to the municipality as provided by N.J.S.A. 4:19-31.

SECTION 13. VIOLATIONS BY OWNER: PENALTIES, ENFORCEMENT; SEIZURE AND IMPOUNDMENT OF DOG; DESTRUCTION BY ORDER OF THE COURT.

The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this article or any rule or regulation adopted pursuant thereto or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000.00 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The municipal court shall have jurisdiction to enforce this section. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17 et seq. or any rule or regulation adopted pursuant thereto, or a court's order. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

SECTION 14. POTENTIALLY DANGEROUS DOG REGISTRATION NUMBER, RED IDENTIFICATION TAG AND LICENSE ISSUANCE, TELEPHONE NUMBER TO REPORT VIOLATIONS PUBLICITY

Each municipality shall:

A. Issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders. The last three digits of each potentially dangerous dog registration number issued by a municipality will be the three-number code assigned to that municipality in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify in writing compliance to the Township Clerk or other official designated to license dogs in the municipality.

B. Publicize a telephone number for reporting violations of this article. This telephone number shall be forwarded to the department and any changes in this number shall be reported immediately to the department.

SECTION 15. FEE FOR POTENTIALLY DANGEROUS DOG LICENSE.

Each person who shall own, possess, keep or harbor any potentially dangerous dog or dogs shall obtain an annual license for each dog and shall have the same registered and numbered with the Township Clerk, and for such license shall pay the sum of $700.00, as a license fee for each and every potentially dangerous dog. Said license fee shall be in lieu of the dog license fee required pursuant to the Code of the Township of Old Bridge.

SECTION 16. INSPECTION TO DETERMINE CONTINUING COMPLIANCE.

The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with this article.

SECTION 17. DEPOSIT AND USE OF FINES AND FEES

All fines and fees collected or received by the Township pursuant to this article shall be deposited in a special account and used by the Township to administer and enforce the provisions of this article.

SECTION 18. INAPPLICABILITY OF ARTICLE TO DOGS USED FOR LAW ENFORCEMENT ACTIVITIES

The provisions of this article shall not apply to dogs used for law enforcement activities.

SECTION 19. 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 20. 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 21. 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 it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.

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

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

NAYS: None.

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.

WHEREAS, it appears that there is no longer an Advisory Board of Health within the Township of Old Bridge; and

WHEREAS, there is a need for an additional member on the Multiple-Dwelling Emergency Commission; and

WHEREAS, the Rent Stabilization Board has requested that one of its members be appointed by the Township Council to serve on the Multiple Dwelling Emergency Commission.

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

SECTION 1. PURPOSE OF ORDINANCE

The purpose of this ordinance is to amend Section 2-21 Multiple Dwelling Emergency Commission in regard to membership of said Commission.

Section 2-21 Multiple Dwelling Emergency Commission is hereby amended in part as follows:

2-2.1 Establishment; Membership. There shall be a Multiple-Dwelling Emergency Commission in the Township. Its members shall be appointed by the Township Council and shall serve without compensation at the pleasure of the Council. The membership of the Commission shall consist of the Health Officer, the Construction Code Official, the Finance Director, one (1) member of the Rent Stabilization Board and one (1) member of the Township Council, who shall be Chairman. Any conduct or action of the Commission authorized by this section and Section 11-4 shall be deemed valid and effective when taken by any three (3) members of the Commission. At any meeting of the Commission, a quorum shall consist of a majority of the membership of the Commission.

SECTION 2: INCONSISTENT ORDINANCES

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

SECTION 3. PARTIAL INVALIDITY

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

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

NAYS: None.

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

WHEREAS, the Old Bridge Ice Arena is wholly owned by the Township of Old Bridge and is empowered to set fees for admission and use; and

WHEREAS, the Director of Recreation has reviewed the Ice Rink Fees contained in Section 5.10.1 Ice Rink Fees and has recommended an increase in fees for the 2005-2006 skating season.

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 of Ordinance

This ordinance is adopted for the purpose of amending Section 5-10.1 Ice Rink Fees as follows:

Section 5-10.1 Ice Rink Fees is amended to read as follows:

a. Admission Fee

1. Adult Resident $6.00
2. Adult Non-Resident $8.00
3. Student Resident/Senior Citizen Resident (62 and over) $5.00
4. Student Non-Resident/Senior Citizen Non-Resident (62 and over) $6.00
5. Child Resident (12 or under) $4.00
6. Child Non-Resident (12 or under) $5.00
7. Resident I.D.Card Fee No Charge
8. Ice Skate Rental $5.00

b. Ice Rental Fees

1. General Ice Hockey and Figure Skating
     a. Prime Time - $300.00 per hour (Saturday, Sunday & Holidays until midnight)
     b. Off Prime Time - $250.00 per hour

2. Old Bridge Ice Hockey and Figure Skating
1. Prime Time - $220.00 per hour (Saturday, Sunday & Holidays until midnight)
2. Off Prime Time - $200.00 per hour

Section 2. 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 3. 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 it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance, whichever occurs first.

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

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.

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

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

NAYS: None.

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

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that the Code of the Township of Old Bridge, Chapter XI, Building and Housing, Section 11-1.4 of the Revised General Ordinances (R.G.O.) shall be amended and supplemented as herein below set forth:

A. Building Subcode Fees.

1. For new construction and additions the fees shall be calculated (by cubic feet)for the building or structure based on the following Use Groups:
a. Use Groups R-1, R-2, R-3, R-5, J – three and one-half cents ($0.035).
b. Use Groups A-1, A-2, A-3, A-4, A-5, I-1, I-2, I-3 – three and one-half cents ($0.035).
c. Use Groups B, E, F-1, F-2, M, S-1, S-2, U – three and one-half cents ($0.035).
d. There will be a minimum fee of $200.00 for new construction permits of for additions.

2. For renovations, alterations and repairs, the fees shall be based on the estimated cost of construction and shall be based on $15.00 per $1,000.00. Fees shall be rounded to the nearest dollar amounts.

3. For a combination of renovations and additions, the sum of the fees shall be computed separately as renovations and alterations.

4. Establishment of fees for installations of:

a. Installation of In-Ground Swimming Pools and/or Spas: $85.00
b. Installation of above ground Pools: $50.00
c. Installation of a fence for Swimming Pool: $50.00
d. Installation of Wood Burning Stove or Pre-Fabricated Fireplace: $50.00
e. Installation of a Masonry Fireplace: $75.00
f. Installation of Windows: $50.00
g. Installation of Temporary Structures: $50.00
h. Installation of a Wooden Deck ( Use Group R): Under 12 square feet: $50.00 - Over 12 square feet: $85.00
i. Satellite (Dish-type) Antennas over 24”: $50.00
j. Roof Replacement (Use Group R-3 and R-4): $50.00 - With plywood replacement: $85.00 (in multiple family buildings price is per upper floor unit)a
k. Commercial Roof Replacement: based on renovation and repair schedule.
l. Installation/replacement of Exterior Siding (Use Group R-3 and R-4): $50.00
m. Demolition of Structure: R-3 - under 5000 sq. ft./30 ft. height: $50.00 - all others: $130.00 - Interior demolition: $50.00
n. Installation of a sign: $1.00/square foot surface area.
o. Installation of Elevator: $100.00/car
p. Asbestos Removal Permit: $50.00
q. Lead abatement: $50.00
r. Sheds under 200 sq.ft: $65.00
s. Aluminum three season rooms – on existing deck : $10.00 per $1,000.00 - on new deck: $75.00 plus $10.00 per $1,000.00

5. The Training Fee shall be collected at the rate in effect at the time of permit issuance as per N.J.A.C. 5:23-4.19(b).

6. Prototype Processing shall receive a 20% Plan Review Credit.

7. Minimum Building Subcode Fee shall be $50.00

8. Certificate Fees shall be as follows:
a. Certificate of Occupancy (CO): $100.00
b. Certificate of Continued Occupancy (CCO): $200.00
c. Certificate of Clearance (Lead): $50.00
d. Use Group Change: $100.00
e. Annual Permit Fee shall be as specified in N.J.A.C.5:23-4.20(c)5.
f. Variation Application: $300.00 (Building Codes)
g. Temporary Certificate of Occupancy: $100.00

9. A Non-Refundable Deposit of $100.00 shall be submitted with all permit applications for new construction, additions or major renovations as per N.J.A.C. 5:23-4.18(a)(1).