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

RESOLUTION #419-03

WHEREAS, the Mayor has selected Thomas H. Collow as the new Chief of Police of the Township of Old Bridge; and

WHEREAS, the Township Council wishes to express its heartiest congratulations to the new Police Chief; and

WHEREAS, the adoption of a Resolution to express the Township Council’s good wishes and hope and expectation of a good working relationship is appropriate.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey that Chief Thomas H. Callow is hereby congratulated on his promotion to the rank of Chief of Police and the Township Council does hereby express its best wishes for his future success; and

BE IT FURTHER RESOLVED, that the Township Council shall endeavor to cooperate to its fullest extent with the new Chief in making the Old Bridge Township Police Department the best Police Department in the State of New Jersey.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Greene: I was away on vacation and could not make the swearing in ceremony, but I have been told that it was a very nice ceremony. Some of the comments that I received were that it was a welcome relief. We do have the finest police department in the S5tate of New Jersey, with wonderful police officers. I think that it is great that we now have an opportunity to move politics out of the administration of the police department. I think that it is a disgrace that Captain William Cerra is appealing the court decision, in order to unravel this process. The chief was chosen among candidates that were both captains and lieutenants. Captain Cerra went to court to restrict the selection process initially; and he lost, hopefully he will lose this appeal. We need to keep politics out of the police department, which wasn’t what we had. He may wait until after the election; as you can see in this picture he clearly supports my opponents – he is right behind the banner “Friends of Phillips”. I welcome Chief Collow and the new era in the Old Bridge Police Department.

Councilman Hoff: I want to congratulate Chief Collow, I have heard nothing but good comments this past week.

Councilman Testino: I welcome the new chief and think that we shouldn’t worry about what the rest of the political world is doing.

Councilwoman Panos: I put this resolution on because last Friday when the chief was sworn in – it was the proudest day I have seen in Old Bridge. The Police were there in their “dress blues” and all the fire departments and First Aid Squads. This was the first time that I’ve seen Old Bridge come together with such pride and I know that you will carry that forward. I also hope that Captain Cerra stops wasting the taxpayers money and lets this go. The police department is proud of you, there were over 500 people there on Friday and we are all proud to have you as the new Chief of Police.

Councilman Maher: I would also like to congratulate Chief Collow and I pledge my complete support to the Chief and if I am fortunate enough to serve for the next four years I look forward to working with him and adding some professionalism to the police department.

Mayor Cannon: I would like to thank the council for their support, I am not going to be here next year and I am sure that your pledges of support and kind words mean a lot to the chief. I hope that this means that good things are in store for the future of Old Bridge.

Bill List

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

RESOLUTION #420-03

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of July 28, 2003 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of July 28, 2003 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $2,688,762.13 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Bill List

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

RESOLUTION #421-03

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of July 28, 2003 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of July 28, 2003 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $714,029.05 (Payroll)

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Bill List DENIED

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

RESOLUTION #422-03

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of July 28, 2003 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of July 28, 2003 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $41,361.49 (Overtime)

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

AYES: Councilmen Redmond, President Butler.

NAYS: Councilmen Greene, Hoff, Maher, Councilwoman Panos.

ABSENT PODIUM: Councilman Testino.

ABSENT: Councilmen Baker, Calogera.

Bill List

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

RESOLUTION #423-03

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of August 11, 2003 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of August 11, 2003 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $29,972,760.41 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Redmond: Why is there so much of a difference between the two amounts?

Mr. Shah: Most of it is investments. There are also statutory payments to the Board of Ed and the County.

Councilman Maher: Are the recreation trips self sustaining or are we subsidizing these trips?

Mr. Badcock: The ROBIN trips are paid for by grants or parents or the donation account.

Councilman Maher: The amount is $33,000.00, are these trips self-sustaining?

Mr. Badcock: Yes.

Councilwoman Panos: How many children are in the camp program?

Mr. Badcock: 2,000 are registered.

Subsequent to the vote the following discussion took place.

Councilman Redmond: As many of you know I wasn’t at the last meeting because my father passed away. I want to thank the residents and township staff that sent me cards. In particular, I want to thank two police officers and their supervisors; Sergeant Policari and Captain Bonfante, the escort that we had for traffic control was Patrolman Phillips and Jarusiewicz and they made me proud that I was a resident of Old Bridge and this was our police department. Everyone commented about there reverence and the job they did at the funeral. I want to thank them so much.

Bill List

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

RESOLUTION #424-03

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of August 11, 2003 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of August 11, 2003 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $728,224.97 (Payroll)

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Bill List

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

RESOLUTION #425-03

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

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

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of August 11, 2003 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of August 11, 2003 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $40,187.79 (Overtime)

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

AYES: Councilman Redmond, President Butler.

NAYS: Councilmen Greene, Hoff, Maher, Testino, Councilwoman Panos.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilwoman Panos: Chief, I understand that you made some personnel changes that might help us with the overtime situation.

Chief Collow: Yes, I have moved some personnel around. I am currently meeting with all my staff and we are looking at ways to take care of this overtime problem.

Report of the Clerk

MONTHLY REPORT OF COLLECTIONS OF ROSE-MARIE SARACINO, CLERK

The following represents the collections I have made during the month of July 2003:

DOGS:
2798-2871 $572.00

Cats
279-297 138.00
replacement# 112 .50

LICENSE:
Limousine
#324 Perfect Limo 50.00

Hot Dog
#365 Don’s Dogs 50.00
100.00

LIQUOR LICENSE

Liquor License - Transfers
1209-33-005-009 Murphy’s Grill to Frank Stella 189.19
1209-33-007-004 Janela to King Sports 378.38
Transfer Application 4.00
571.57

Maps
1 Street Map 5.00

BINGO/RAFFLE
RA63-03 Congregation Beth Ohr 10.00
RA64-03 Old Bridge Elks 500.00 510.00

PARKING PERMITS
1980-2012 525.00
Replacements - 1980,1983,1984,1990,1991,1998, 2000, 2003, 2004, 2009, 2010, 2011
SEARCH
18,19,20-2003 30.00

MISCELLANEOUS:
Late Fee - DOGS 150.00
Late Fee – CATS 55.00
Photocopies - Copies 204.75
Reimb for Replacement Title 25.00
MTV Productions Reimb for Delivery 64.20
498.95

Total: $2,951.02

MOTION

to accept the report of the Clerk by Councilman Hoff, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Report of the Attorney

Attorney Ruggierio: There was a five day trial in the Hallock case and we won that case. The final judgment is being entered by the Judge.

Attorney Ruggierio: We received $307,500.00 from selling the old municipal building on Route 9.

President Butler: There was discussion in the past that when that building was sold that the money would be used for a ward three youth center.

Attorney Ruggierio: We have appraisers at the site for the phase II part of the project at Cliffwood Beach. I will speak to council in executive session about this matter at the next council meeting, assuming that we have preliminary numbers.

I would like an executive session with the Township Engineer in the matter of Pinkiewicz at the next meeting.

We have wrapped up the Cablevision matter and the Judge is now signing the order.

Councilman Hoff: I am grateful about the appraisals at the beachfront. The county has set aside money for this phase of the project. Nothing can be done at the beach until we get those land acquisitions.

Councilman Greene: A resident of Birchwood Senior Housing gave me a flyer requesting complaints on Cablevision be sent to the Township Attorney. Where did this come from? Also, is there still a senior citizen discount available in the new package?

Attorney Ruggierio: Yes, there is a senior discount, but is it means related, so some seniors may not qualify, based on income. I have received a few email complaints. The rate complaints are not within our jurisdiction, there is a rate payer advocate who represents all rate payers. Also we do keep records of all complaints.

Councilman Testino: These people are complaining about the new digital coming in and they have to change the boxes and they are about $10.00 more a month. Isn’t it interesting that this happens just after the stipulations are settled. I would ask that we log the complaint with whoever is keeping these complaints. I have asked Toni DiDonato to send the complaints from her building (Birchwood).

Councilman Greene: At the last meeting I discussed my concerns about a billboard in town and the zoning board’s approval. I asked the attorney to look into this. I asked for minutes and correspondence on this. What is the status of that? After I raised these issues there was a front page article on this in the Star Ledger – there is a financial trail that leads to Old Bridge. There is a list of all the individuals involved and Kiran Desai (Chairman of the Old Bridge Zoning Board) is named. There is a concern that this is “Pay for Play.” I feel that this involved political corruption and because of that the residents of Old Bridge have to look at this monstrous billboard on Route 9 (Councilman Greene displays a photo) It is interesting to me that the billboard is for a developer and that the democratically controlled zoning board approved this billboard. Are the anti developers, really in fact, the developers? I would like the attorney to investigate this approval.

Councilwoman Panos: Is the Economic Development Corporation under the auspices of the Mayor? There was a contract awarded by the Economic Development Corporation to an engineering firm this week, to evaluate the property on Routes 9 & 18.

Deputy Clerk Ward: Which engineering firm?

Councilwoman Panos: I do not want to name the firm. I know that the EDC just awarded the contract, it was in the Suburban.

Attorney Ruggierio: This is a regulation that the Mayor would have issued and she would not have authority to impose this on the EDC.

Councilman Testino: I would like Ms. Panos to know that I asked the question of the engineer when we approved this and there wasn’t one firm that was under consideration, that he could recommend that would meet the mayor’s definition.

Councilwoman Panos: There is not one firm in the whole state.

Councilman Testino: I asked the question, it is in the minutes, you can check it out. If you want quality help – sometimes that regulation prevents it.

Councilwoman Panos: So quality help equates to the amount of the contribution.

Councilman Testino: You are talking about 500 acres – the gem of Old Bridge – you are going to need somebody who knows what they are doing and you need a big firm.

Councilwoman Panos: So we should just forget about the Pay-to-Play law?

Councilman Testino: What Pay to Play law?

Councilwoman Panos: I am asking the township attorney if the EDC is required to follow this law.

Attorney Ruggierio: No.

Councilwoman Panos: Don’t we fund them in the budget?

Attorney Ruggierio: Yes. You can pass an ordinance that would at least make the contribution of money subject to compliance.

Councilwoman Panos: I would like to see how many people up here would be willing to expand the Pay-To-Play law to include the EDC.

Attorney Ruggierio: I would like to respond to Mr. Greene’s request on the billboard issue. I can collect and examine minutes and correspondence and then make an analysis that may jump out at me. I do not really have any authority as township attorney to go off and do an investigation beyond that. The council can authorize me to take voluntary statements from people or the council can conduct a municipal investigation – either way you need to vote as a body on this.

Councilman Greene: I would like to have the attorney get voluntary statements from the members involved in this billboard issue. I would move that resolution.

Councilwoman Panos: I will second that. I will ask my colleagues to please authorize the attorney to do this to send the message that we are all above board.

Councilman Redmond: What is the motion?

Councilman Testino: The motion is for a witch hunt.

Councilwoman Panos: No it is not Mr. Testino it is for…

Councilman Redmond: As Mr. Greene pointed out the Star Ledger is looking in to this and there are numerous other agencies looking into this and now you want to spend the Old Bridge taxpayers money to look into this. What are we looking for here?

Councilwoman Panos: I think that the taxpayers money is being caught up in this anyway.

Councilman Redmond: Are you saying that we spent taxpayer money to build this?

Councilwoman Panos: I am questioning the process.

Councilman Greene: It seems like Mr. Redmond is afraid of an Old Bridge investigation.

Councilman Redmond: I am not afraid of anything. I just think that we come up here every week and we watch you run your campaign from the dais and I am getting tired of it.

Councilman Greene: This is just good government.

Councilman Redmond: What would you know about good government.

President Butler: There is a motion on the floor and we are going to vote on it.

AUTHORIZE THE TOWNSHIP ATTORNEY TO CONDUCT VOLUNTARY INTERVIEWS WITH INDIVIDUALS AND TO OTHERWISE CONDUCT AN INVESTIGATION INTO THE APPROVAL OF A BILL BOARD BY THE ZONING BOARD OF ADJUSTMENT WITH THE TOWNSHIP OF OLD BRIDGE

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

RESOLUTION #426-03

the Township Attorney is hereby authorized to review documents from the Board of Adjustment relating to the approval of billboard displays by the Old Bridge Township Board of Adjustment. The Township Attorney is authorized to take voluntary statements from Board members or any other persons as may be required in connection with this review of Zoning Board of Adjustment activities.

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

AYES: Councilman Greene, Maher, Councilwoman Panos, President Butler.

NAYS: Councilmen Hoff, Redmond, Testino.

ABSENT: Councilmen Baker, Calogera.

During the vote the following roll call took place

Councilman Hoff: Is there a price tag on this?

Attorney Ruggierio: You pay me a salary and no, there is no price tag associated with it.

Councilman Greene: This will be done under your normal duties as Township Attorney.

Councilman Testino: I will wait for the new police chief to issue a report. You are alleging a crime, let him investigate it.

Councilman Greene: What gives the police chief the right to oversee the zoning board?

Councilman Testino: Anyone who commits a crime can be investigated.

MOTION

to accept the report of the attorney by Councilman Greene, seconded by President Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

Preliminary Public Comments

Joel Marcus, Foxborough Village: Suggests that flags be put on fire hydrants so that they can be seen during heavy snow storms and so that plows don’t plow over them.

Mayor Cannon: We will check it out because the MUA actually owns them.

Camillo Vitale: Suggests that a referendum be put on the ballot to decide on the municipal golf course.

Seeing no hands President Butler closed the public portion.

PROCLAMATION

India's Independence Day

Whereas, India, the largest democracy consisting of 950 million people, attained her independence from the British in 1947 through a non-violent movement led by Mahatma Gandhi and;

Whereas, India is now celebrating the 56th Anniversary of her independence this year and;

Whereas, both the United States of America and India share many common goals and aspirations as sister democracies working together for the uplifting of their people and having formed long lasting bonds and;

Whereas, the State of New Jersey has the third largest population of immigrants from India in the United States of America and;

Whereas, the County of Middlesex has the largest population of immigrants from India in New Jersey, many of whom have made their home in Old Bridge.

Now, Therefore, I, Barbara L. Cannon, Mayor of Old Bridge Township do hereby recognize the bonds between the people of the United States and India and; in commemoration of the celebration of the 56th Anniversary of India's Independence, do hereby proclaim August 16, 2003 as India Day in Old Bridge Township and will celebrate it in cooperation with the India Cultural Association of Central Jersey by proudly raising the flag of India on this day.

Mr. Kieran Desai: I would like to invite all to the flag raising ceremony on Saturday August 16th in the front of the municipal center.

HEARING

Release/Reduction Performance Bond – Mobil on the Run

Mr. Pinder Sumal: There was one letter received from Mr. & Mrs. Figueira from 2002 which contained six items. Three items relate to traffic and do not concern the bond release. Two items have been rectified and the other complaint was about not maintaining the property behind the station and that has been taken care of. Total performance bond that we are holding is $154,356.60. The engineering department has performed an inspection and we are recommending a release of the performance guarantee, subject to the posting of a two year maintenance bond in the amount $23,153.00.

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

MOTION

to release the performance guarantee subject to the posting of a two year maintenance bond by Councilman Hoff, seconded by Councilman Greene and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

ORDINANCES FOR SECOND READING

ORD. #35-03 Amend Section 6-3.4 Liquor Licensing Fees (Increasing) REQUEST TO TABLE

MOTION

by President Butler, seconded by Councilman Greene to Table Ordinance 35-03 and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

TOWNSHIP OF OLD BRIDGE
Ordinance No. 36-03

An Ordinance of the Township of Old Bridge Amending Commuter Parking Permit Fees

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

Section 1. Commuter Parking Permit Fees by adding section 10-3.8 (w) concerning commuter parking permit fees:

The Code of the Township of Old Bridge us hereby amended to add paragraph 10-3.8 (w) commuter parking permit fees:

The following fees are payable during the current licensing term

Type of License Circumstances Action Required Fee

Replacement – Car Stolen-current Copy of Police
Standard Permit Licensing Term permit report to be provided $5.00
Not returned

Replacement Car Lease Expires Copy of Lease to be $5.00
Standard Permit Same or New Vehicle provided – Licensing
Term Permit must Be returned
Temporary Sticker Rental Car Rental Papers Provided $1.00
30 Days

Temporary Sticker Registration & Insurance Allow 30 days for $1.00
30 Days Old Bridge Address – NJ Driver’s License to
Driver’s License not be Obtained With
Changed yet. Old Bridge Address

Temporary Sticker New Resident – Has not New documents to be $1.00
30 Days Changed to Reflect Old Provided Showing
Bridge Address Old Bridge Address

Temporary Sticker If Person Has Not Submit Paper Work From $1.00
14 Day Extension Passed the Driving Test Division of Motor Vehicles
Showing new Testing Date

Section 2. Savings Clause

The remaining subsections of Section 6-3.4 shall remain in full force and effect.

Section 3. Inconsistent Ordinances.

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

Section 4. Partial Invalidity.

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

Section 5. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 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 Maher, seconded by President Butler and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

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

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE 37-03

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY
APPROPRIATING THE SUM OF $250,000THEREFOR; 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 $238,000;
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 $250,000; and

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $238,000.

(c) a down payment in the amount of $12,000 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 $238,000, to be raised by the issuance of bonds or bond anticipation notes is 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 $238,000 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 $238,000 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 $22,500.

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:

A Acquisition of approximately 43 acres of Real Property in the Township located on parts of United States Government Property, generally identified on the Official Township Tax Map as Block 7000, Lots 4.14 and 4.15, and Acquisition of approximately 2 acres of Real Property in the Township for an Easement for Ingress and Egress to State Route 9, together with the completion of all work necessary therefor or related thereto $250,000 $12,000 $238,000 40 years

Section 8. 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 $238,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 9. 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 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 Capital Budget 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 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 proceed 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 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 Hoff and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

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

Township of Old Bridge
Ordinance No. 38-03

An Ordinance, Amending Section 4-2.7b Noise, Prohibited Acts

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

Section 4-2.7(b) is hereby amended to replace the following sections in their entirety and substitute as follows:

Loading and unloading. Commercial refuse loading and unloading, opening and closing of garbage cans, refuse or similar objects or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 10:00 pm and 4:00 am the following day when the latter is a weekday and between the hours of 10:00 pm and 4:00 am the following day when the latter is a legal holiday or a weekend day, except by permit, when the sound therefrom creates a noise disturbance across a residential real property line except as outlined in paragraph #6 (Amended 10/28/96, Ord 40-96; 1/26/98, Ord 6-98).

Paragraph 4-2.7b(6)

Construction and demolition. Loading and unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquid or similar objects or operating or permitting the operation of any tools or equipment used in construction drilling, earth-moving, excavating or demolition work between the hours of 6:00p.m. ad 7:00a.m. the following day on weekdays, or at any time on the weekends or legal holidays. (Emergency work a variance shall be issued pursuant to Article VIII or when the sound level does not exceed any applicable limit specified in Table I)

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.

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

AYES: Councilman Greene, Maher, Redmond, Testino, Councilwoman Panos, President Butler

NAYS: Councilman Hoff.

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

Councilman Testino: Have we received any feedback on this ordinance?

Councilman Redmond: Can we single out this particular group and tell them that they are not allowed to make noise?

Attorney Ruggierio: I think that you can do it, you are making a legislative decision to single them out, realizing that they have the potential to disturb the residents.

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

TOWNSHIP OF OLD BRIDGE, NEW JERSEY
ORDINANCE NO. 39-03

REFUNDING BOND ORDINANCE PROVIDING FOR THE RETIREMENT OF UNFUNDED ACCRUED LIABILITIES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM UNDER AN EARLY RETIREMENT INCENTIVE PROGRAM PREVIOUSLY ADOPTED BY THE TOWNSHIP; AUTHORIZING THE ISSUANCE OF UP TO $675,000 OF TAXABLE REFUNDING BONDS OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, TO FINANCE THE COST THEREOF; MAKING CERTAIN DETERMINATIONS AND COVENANTS IN CONNECTION THEREWITH; 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 Township of Old Bridge, County of Middlesex, New Jersey ("Township"), is hereby authorized to retire its unfunded accrued liabilities in the Public Employees' Retirement System, under an early retirement incentive program previously adopted by the Township (collectively, the "ERI Pension Fund Liabilities").

Section 2. To effectuate the retirement of the ERI Pension Fund Liabilities, negotiable refunding bonds of the Township are hereby authorized to be issued in an amount not to exceed $675,000 ("Refunding Bonds"), pursuant to the Local Bond Law. The exact principal amount of Refunding Bonds to be issued and terms thereof shall be determined pursuant to a resolution adopted by the Township Council by not less than two-thirds of all the members thereof.

Section 3. An aggregate amount not exceeding $35,000 for the items of expense listed in and permitted by Section 51.b. of the Local Bond Law, N.J.S.A. 40A:2-51.b., has been included in the aggregate principal amount of the Refunding Bonds authorized herein.

Section 4. The purpose of the Refunding Bonds is to retire the ERI Pension Fund Liabilities and to effect an interest cost savings for the Township.

Section 5. Each Refunding Bond authorized herein shall be designated, substantially, "Township of Old Bridge, County of Middlesex, New Jersey, Taxable Refunding Bond, Series 2003" and shall be in the form prescribed and permitted by the Local Bond Law, as Bond Counsel may advise, and as the Township shall approve.

Section 6. The Refunding Bonds may be sold at public or private sale pursuant to a resolution of the Township Council adopted by not less than two-thirds of all the members thereof.

Section 7. A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption, together with a complete statement in the form prescribed by the Director and signed by the Chief Financial Officer of the Township as to the outstanding indebtedness to be refunded by the issuance of the Refunding Bonds.

Section 8. This refunding bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this refunding bond ordinance as finally adopted.

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

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

NAYS: None

ABSENT: Councilmen Baker, Calogera.

This ordinance was ultimately tabled – See page 25

MOTION

to reconsider vote on passage of Ordinance39-03 by Councilman Testino, seconded by Councilman Redmond and so reconsidered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera

Township of Old Bridge
Ordinance No 40-03

An Ordinance Amending Ordinance 25-02 Establishing Fee for Internet Payment By Amending Sections 1 and 2

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 fees to be charged by the Township when accepting payment through the Internet with and without the use of a credit card.

Section 2: Ordinance

A. A fee of one dollar ($1.00) per transaction shall be charged for Internet payments not involving a credit card transaction.

B. A credit card processing fee if between 0-4% per transaction shall be charged by the Township for any payment made to the Township through the Internet by use of a credit card. The actual fee charged shall be subject to the cost of processing charged by the credit card company and administrative charges.

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.

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

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

ORDINANCES FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 41-03

ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROHIBITING GRAFFITI ON PUBLIC AND PRIVATE PROPERTY

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

Section 1: STATEMENT OF PURPOSE.

Whereas, the Township of Old Bridge, New Jersey, hereby finds and declares that graffiti is detrimental to the health, safety and welfare of the community; and

Whereas, there is a perception in the community that the laws protecting public and private property can be disregarded with impunity; and

Whereas, this perception fosters a sense of disrespect of the law that results in an increase of crime, is detrimental to the property values of the community, degrades the community and leads to urban blight and is inconsistent with the Township of Old Bridge’s property maintenance goals and aesthetic standards.
A. Graffiti results in visual pollution and is hereby deemed a public nuisance.

B. It is the purpose of this ordinance to provide a mechanism in which individuals may be prosecuted for defacing public and private property.

Section 2: Definitions.

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

TOWNSHIP -- The Township of Old Bridge, New Jersey.

DEFACE -- To cover, mark, write on, paint, color or otherwise mar, disfigure or draw whatsoever on any private or public property of any nature, without the express consent of the owner.

GRAFFITI -- Any form of inscription, word, figure, marking or design that is marked, etched, scratched, drawn down or painted on any building, structure, fixture or other improvement, whether permanent or temporary, including, by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property, or the owner's authorized agent, which is visible from the private right-of-way.

INDELIBLE MARKER -- Any felt tip marker, China marker or similar device that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.

KNOWINGLY -- Includes knowledge or information which a parent should reasonably be expected to have pertaining to the marking of graffiti. It is intended to include and require neglectful or careless parents to maintain a reasonable community standard of parental respectability through an objective test. There shall be no defense of a parent who is indifferent to the activities or conducts of a minor in their custody, when they have knowledge of individual's actions that are not in compliance of this ordinance.

MINOR or JUVENILE -- Used interchangeably and shall mean any person under the age of 17, any person less than 17 years of age or any person who has not celebrated his or her 17th birthday.

OWNER -- The owner of record of the property as set forth in the records of the Tax Assessor for the Township of Old Bridge.

PARENT -- Any person to whom legal custody of a juvenile has been given by court order or is acting in the place of the parent or is responsible for the care and welfare of the juvenile and shall include:

A. Natural or adoptive parents.
B. Legal guardians.
C. A person who stands in loco parentis.
D. A person to whom legal custody has been given by court order.

PUBLIC PLACE -- Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle use for public transportation, parking lot or any other parking, public building, structure or any municipal parking signs, etc., or area.

Section 3: Prohibited Acts.

The following acts are prohibited:

A. No person shall willfully or maliciously damage, deface or vandalize any public or private property by painting, writing, drawing or otherwise inscribing in any fashion graffiti thereon without the express permission or consent of the owner. However, this prohibition shall not apply to easily removable (which are water soluble) chalk markings on public sidewalks or streets, written or drawn in connection with traditional children's games, or in any lawful business or public purpose or activity.

B. It shall be unlawful to aid anyone in defacing public or private property.

C. No person shall possess a spray container or indelible marker in any public place or on any public facility or private property with the intent to use the same to deface said public building, property or private property, absent express permission to the contrary.

Section 4: Parental Responsibility.

It should be unlawful for a parent as defined in Section 2 of this ordinance having legal custody over a minor to knowingly permit or by inefficient or lack of control to allow such minor in their control to place graffiti on any private or public property as defined in Section 2 of this ordinance.

Section 5: Enforcement.

A. Any minor under the age of 17 years found by a police officer to be in violation of this chapter shall be brought to the nearest police station, where the minor shall be released to his or her parent or guardian. The parent, as defined in Section 2, shall be immediately notified and required to report to police headquarters to procure the juvenile.

B. When a parent immediately called has come to take charge of the juvenile and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If a parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities except to the extent that, in accordance with police regulations promulgated by the Chief of Police, approved in advance for juvenile authorities, the juvenile may temporarily be entrusted to an adult, relative, neighbor or other person who will, on behalf of the parent, assume responsibility for caring for the juvenile pending availability of the parent or guardian.

C. If the minor has been convicted of violating this ordinance on a prior occasion within one year of the date of the present violation, there shall be a presumption that, whenever a minor has been convicted for a violation of this ordinance, the parent or guardian having care of the minor knew or should have known of the minor's violation of this section.

Section 6: Violations and Penalties

A. Adults who are not parents of offenders as defined in Section 2 of this ordinance. Any adult who violates any of the provisions of this ordinance shall, upon conviction thereof, be punished by one or more of the following penalties:

(1) A fine of not less than $500 and not exceeding $1,000.
(2) Imprisonment not to exceed 90 days.
(3) A period of community service not to exceed 90 days.

B. Juveniles and/or parent violators as defined in Section 4 of this ordinance.

(1) After the receipt of a summons pursuant to Section 5 (c) of a first violation by a juvenile, when a second graffiti violation is adjudged against the same minor, the parents of the minor shall be subject to prosecution under this section. Violators of this chapter shall be required to perform community service of a period no to exceed 90 days and may be subject to a fine of not less than $500 but no more than $1,000. Additionally, any parent having the care or custody of a minor found to be in violation of this section, if it is adjudged that both the juvenile and the juvenile's parents violated this Graffiti Ordinance, they shall be required to perform community service together.

(2) If a minor has been found to violate this ordinance twice within a six-month period, the minor shall receive a summons and complaint from the police officer who apprehended the minor for the violation of this ordinance.

(3) If a juvenile is found to be in violation of this chapter on three occasions within six months, then the juvenile as well as the parent having the care and custody of the minor shall receive a summons and complaint for the violation of this ordinance.

(4) Any juvenile who violates any of the provisions of this Graffiti Chapter as contained in Section 3 more than four times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision, and the Chief of Police, Township Attorney or their designee may proceed to file such charges with the Superior Court of New Jersey Family Part as he or she may deem appropriate.

(5) In addition to any other penalty imposed by the court, any person convicted of a violation of this chapter may, at the discretion of the Judge of the Municipal Court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti or, as part of such person's community service, to remove the graffiti from the property.

Section 7: Removal of Graffiti.

A. Requirement to remove graffiti. The occupant, lessee, agent and/or landlord of any commercial premises which has any form of graffiti on any building or structure shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface within 15 calendar days after notice to the occupant, lessee, agent and/or landlord by the Chief of Police (or his designee) to remove the same. Any person who shall violate any provision of this article shall be subject to a penalty of twenty dollars per day ($20.00/day) after 30 days, the penalty shall increase to one-hundred dollars per day ($100/day) . Such penalty shall be imposed for each day after the initial 15 calendar days that such violation thereafter continues. The penalties may be imposed against the owner or lessee, agent and/or landlord wherein such violation occurs or both.

B. Remedy. If said graffiti is not corrected within 30 business days after written notice is issued, then the Township of Old Bridge shall have the right to issue a summons and to enter the premises to remove the graffiti and/or repaint the premises, and the cost of the removal of the graffiti and/or repainting shall be at the sole cost and expense of the occupant, lessee, agent and/or landlord of said building or structure. Pursuant to the provisions of NJSA 40:48-2.12f, or any successor statute, the actual cost of the removal of the graffiti and/or repainting, plus the cost of inspection of said graffiti and/or repainting and other costs incidental to such removal, shall be certified by the Business Administrator to the Township Council and therefor shall be entered as a lien upon the real property upon which the graffiti was found to be placed and shall be added to and become a part of the taxes to be assessed against and levied on the real property, and the same shall be collected and reinforced in the same manner as taxes.

SECTION 8: INCONSISTENT ORDINANCES

All Ordinances or parts of Ordinances inconsistent with or in conflict with this Ordinance are hereby repeated to the extent of such inconsistency.

SECTION 9: 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 10: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Redmond.

ABSENT PODIUM: Councilwoman Panos.

Ordinance adopting an Athletic Code of Conduct and Coaches Code of Ethics Enforcement Procedure. REMOVED FROM AGENDA – PER PRESIDENT BUTLER

President Butler: I am removing this because we haven’t received any feedback from the coaches.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 42-03

An Ordinance of the Township of Old Bridge
Amending Section 6-3.4 of the Township of Old Bridge to Increase Liquor License Fees

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

SECTION 1: LIQUOR LICENSING FEES AMENDING SECTION 6-3.4 AT SUBSECTION (a) THEREOF CONCERNING LIQUOR LICENSING FEES.

The code of the Township of Old Bridge is hereby amended at Section 6-3.4(a) to increase liquor license fees by twenty percent (20%)

TYPE OF LICENSE PRESENT INCREASE NEW FEE

Consumption $1,891.92 $378.38 $2,270.30
Distribution $1,655.44 331.09 1,986.53
Club 150.00 30.00 180.00

SECTION 2: SAVINGS CLAUSE

The remaining subsections of Section 6-3.4 shall remain in full force and effect.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

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

SECTION 5: EFFECTIVE DATE

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

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

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

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

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

NAYS: None.

ABSENT: Councilmen Baker, Calogera.

TOWNSHIP OF OLD BRIDGE, NEW JERSEY TABLED
ORDINANCE NO. 39-03

REFUNDING BOND ORDINANCE PROVIDING FOR THE RETIREMENT OF UNFUNDED ACCRUED LIABILITIES OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM UNDER AN EARLY RETIREMENT INCENTIVE PROGRAM PREVIOUSLY ADOPTED BY THE TOWNSHIP; AUTHORIZING THE ISSUANCE OF UP TO $675,000 OF TAXABLE REFUNDING BONDS OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, TO FINANCE THE COST THEREOF; MAKING CERTAIN DETERMINATIONS AND COVENANTS IN CONNECTION THEREWITH; 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 Township of Old Bridge, County of Middlesex, New Jersey ("Township"), is hereby authorized to retire its unfunded accrued liabilities in the Public Employees' Retirement System, under an early retirement incentive program previously adopted by the Township (collectively, the "ERI Pension Fund Liabilities").

Section 2. To effectuate the retirement of the ERI Pension Fund Liabilities, negotiable refunding bonds of the Township are hereby authorized to be issued in an amount not to exceed $675,000 ("Refunding Bonds"), pursuant to the Local Bond Law. The exact principal amount of Refunding Bonds to be issued and terms thereof shall be determined pursuant to a resolution adopted by the Township Council by not less than two-thirds of all the members thereof.

Section 3. An aggregate amount not exceeding $35,000 for the items of expense listed in and permitted by Section 51.b. of the Local Bond Law, N.J.S.A. 40A:2-51.b., has been included in the aggregate principal amount of the Refunding Bonds authorized herein.

Section 4. The purpose of the Refunding Bonds is to retire the ERI Pension Fund Liabilities and to effect an interest cost savings for the Township.

Section 5. Each Refunding Bond authorized herein shall be designated, substantially, "Township of Old Bridge, County of Middlesex, New Jersey, Taxable Refunding Bond, Series 2003" and shall be in the form prescribed and permitted by the Local Bond Law, as Bond Counsel may advise, and as the Township shall approve.

Section 6. The Refunding Bonds may be sold at public or private sale pursuant to a resolution of the Township Council adopted by not less than two-thirds of all the members thereof.

Section 7. A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption, together with a complete statement in the form prescribed by the Director and signed by the Chief Financial Officer of the Township as to the outstanding indebtedness to be refunded by the issuance of the Refunding Bonds.

Section 8. This refunding bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this refunding bond ordinance as finally adopted.

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

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

NAYS: None

ABSENT: Councilmen Baker, Calogera.

Prior to the vote the following discussion took place.

President Butler: Mr. Shah tells me that we need to carry this ordinance because the State has not yet approved this.

DISCUSSION ORDINANCES

Ordinance amending fee schedule of Section 11-1.4 Building & Housing Code. (RC)

Ordinance amending Section 11-1.8 Building & Housing Code to increase inspection fees. (RC)

Mr. Patrick Reardon: These are substantive changes that we are required to update every two years.

Councilman Testino: Does the administration want us to go forward with this?

Ms. Shepler: Yes.

ORDINANCES FOR FIRST READINGS

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 43-03

ORDINANCE AMENDING DEPARTMENT OF CODE ENFORCEMENT UNIFORM CONSTRUCTION CODE

An Ordinance amending Chapter XI, Building and Housing, Section 11-1.4 of the Revised General Ordinances (R.G.O.) of the Township of Old Bridge, County of Middlesex, State of New Jersey.

SECTION 1. Chapter 11 of the Code of the Township of Old Bridge be and hereby amended by deletion of all subsections of Section 11-1.4 in its entirety and replace with the following:

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-4, H - two cents ($0.02).
b. Use Groups A-1, A-2, A-3, A-4, A-5, I-1, I-2, I-3 - two cents ($0.02).
c. Use Groups B, E, F-1, F-2, M, S-1, S-2, U - two cents ($0.02).
d. There will be a minimum fee of $100.00 for new construction permits of 5000 cu. ft. or less.

2. For renovations, alterations and repairs, the fees shall be based on the estimated cost of construction and shall be based on $10.00 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 Swimming Pools and/or Spas: $75.00
aa. Installation of above ground Pools: $35.00
b. Installation of a fence for Swimming Pool $35.00
c. Installation of Wood Burning Stove or Pre-Fabricated Fireplace: $35.00
d. Installation of a Masonry Fireplace: $50.00
e. Installation of Windows: $50.00
f. Installation of Temporary Structures: $35.00
g. Installation of a Wooden Deck ( Use Group R): Under 12 square feet: $35.00. Over 12 square feet: $75.00
h. Satellite (Dish-type) Antennas: $35.00
i. 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)
j. Commercial Roof Replacement: based on renovation and repair schedule.
k. Installation/replacement of Exterior Siding (Use Group R-3 and R-4): $50.00
l. Demolition of Structure: R-3 - under 5000 sq ft/30 ft height: $35.00 - all others: $130.00 - Interior demolition $35.00
m. Installation of a sign: $1.00/square foot surface area.
n. Installation of Elevator: $100.00/car
o. Asbestos Removal Permit: $35.00
p. Lead abatement: $35.00
q. Fireplace: $35.00
r. 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 $35.00

8. Certificate Fees shall be as follows:

a. Certificate of Occupancy (CO): $100.00
b. Certificate of Continued Occupancy (CCO): $100.00
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: $150.00 (Building Codes)
g. Temporary Certificate of Occupancy $30.00

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).

B-Plumbing Subcode Fees.

Installations of the following:
a. Water Closet $15.00
b. Urinal/Bidet $15.00
c. Bathtub $15.00
d. Lavatory $15.00
e. Shower $15.00
f. Floor Drain $15.00
g. Sink $15.00
h. Dishwasher $15.00
i. Drink Fountain $15.00
j. Washing Machine $15.00
k. Hose Bib $15.00
l. Gas Piping $20.00/unit
m. Fuel Oil Piping $45.00
n. Steam Boiler $45.00
o. Hot Water Boiler $45.00
p. Water Heater $20.00
q. Sewer Pump $60.00
r. Interceptor $60.00
s. Comm. Backflow $65.00
t. Water cool/AC or refrig. unit $25.00
u. Sewer Connection $75.00
v. Water Service $75.00
w. Active Solar Sys. $50.00
x. Vents/stacks $15.00/vent/stack
y. Lawn Sprinkler Sys. $35.00
z. Water Filter/cond. System $35.00
aa. Sump Pump $15.00
bb. Roof Drains $20.00/drain
cc. Condensate drain $15.00/unit
dd. Medical gas sys. $100.00 flat
ee. Pressure Booster $35.00

1. The Minimum Fee for Plumbing Subcode shall be $15.00.

2. Demolition of a Structure to include capping of sewer and water services is $30.00.

3. Annual permits = fee charged as per current NJAC 5:23-4.20(c)5, State of New Jersey Uniform Construction Code.

4 Installation of Liquid Propane Gas Tanks (LPG) $100.00

5. Annual re-certification of commercial back flow preventers as per NJAC 5:23-2.23(k) $35.00/unit

C. Electrical Subcode Fees

1. Receptacles and Fixtures -- First 25: $45.00 each add'l one: $1.00

2. Motors and Electrical Devices over 1 HP to 10 HP $35.00
up to 50 HP $55.00
up to 100 HP $155.00
larger than above $400.00

3. Transformers and Generators - over 1 KW to 10 KW $35.00
up to 45 KW $55.00
up to 121.5 KW $115.00
larger than above $400.00

4. Service Panels, Entrances and Subpanels
up to 100 amps $45.00
up to 200 amps $75.00
Larger than above $400.00

5. Any installation of any wiring or any voltages operating at 10 volts or more must comply with N.J.S.A. 45:5A et. seq., which is the Electrical Contractors Licensing Act of 1962.

6. For any inspection of any discipline (i.e. Building, Electric, Plumbing, Fire) where violations previously cited have not been abated and the third visit to the premises has been made, there shall be imposed a penalty (as required by the Administrative Code of New Jersey, N.J.A.C. 5:23-2.18 (c) and 2.31(c), equal to the original fee charged for that Subcode but not to exceed $75.00.

7. The following flat fees are hereby established:
a. Annual commercial pool permit $50.00
b. Residential above ground pool permit $45.00
c. Residential in-ground pool permit $125.00
d. Air conditioner over 1 hp $25.00
e. Electrical signs $35.00

8. Annual permits - fee charged as per current NJAC 5:23-4.20 (c)5, State of New Jersey Uniform Construction Code.

9. The minimum fee for Electrical Subcode shall be $35.00.

10.The fee for minor work for the electrical subcode shall be $25.00.

11. Demolition of a structure to terminate electrical service is $35.00

D. Fire Protection Subcode Fees

1. Wet and/or Dry Sprinkler Heads 1-20 $75.00
21-100 $105.00
101-200 $225.00
201-400 $450.00
401-1000 $775.00
over 1000 $800.00

Hydraulic Calculations review/system $50.00
Field fire flow test $50.00

2. Smoke and Heat Detectors 1-5 $35.00
6-10 $45.00
11- 15 $55.00
16 -20 $65.00
21- 25 $75.00
26-30 $85.00
Over 30 $95.00

Manual Pull stations(Each) $15.00
Audible devices (Each) $15.00
Control panel $35.00
Tamper & supervisory switches (Each) $15.00
Fire alarm device changes (Each) $15.00

3. Pre-Engineered Systems
a. Carbon Dioxide (CO2) $90.00
b. Foam Suppression $150.00
c. Wet Chemical $90.00
d. Clean agent $90.00

4 Standpipes $175.00 /riser

5. Kitchen Hood Exhaust Systems $75.00

6. Incinerators and Crematoriums $450.00

7. Gas or Oil fired Appliance $30.00

8. Smoke Control Systems $250.00

9. Underground Fire Mains $50.00

10. Fire Pump (Review & Field Accept.) $195.00

11. Fire Alarm Device changes $15.00/device

12. Flammable or Combustible Liquid Tank Installations:
a. up to 275 gallons $75.00/tank
b. 275 to 1000 gallons $100.00/tank
c. 1000 gallons to 2000 gallon $150.00/tank
d. Over 2000 gallons $260.00/tank
13. Removal or Abandonment of AST or UST $60.00/tank

14. Minimum Fee $30.00

E) Mechanical Fees
a. For the direct replacement of a hot air furnace in residential structures (R-3,R-4) the fee shall be a flat fee of $60.00.
b. Chimney liners $50.00
c. Gas fireplaces $45.00

F. Elevator Subcode Fees
a. Elevator Registration and Fees shall be as per N.J.A.C.5:23, Subchapter 12.

The Township of Old Bridge shall enforce the requirements of N.J.S.A. 45:5A et seq., otherwise known as the Electrical Contractors Licensing Act of 1962, including any and al