Old Bridge Township, New Jersey - September 8, 2003 Minutes

A Combined meeting of the Township Council of the Township of Old Bridge was held on September 8, 2003 in the Municipal Complex. The meeting was called to order by President Butler who asked all present to participate in a salute to the flag which was followed by a short prayer.

Deputy Clerk Stella Ward announced that this meeting is being held in conformance with the open public meetings act, notice has been given to the newspaper and notice of the meeting has been posted in public places. The next meeting will be September 15, 2003 at 7:30 p.m.

Roll call at 7:35 p.m. by Deputy Clerk Stella Ward, showed the following members present: Councilmen Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler. Councilmen Hoff, Maher were absent.

President Butler asked for a moment of silence for Father Larry Smith of St. Bernadette's Church and Frank Coggins, President of the Madison Park Homeowners Association, who both passed away this month.

Councilman Testino asked for a moment of silence on the second anniversary of September 11, 2001 to remember all those who lost their lives on that tragic day.

APPROVAL OF MINUTES

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

RESOLUTION #465-03

WHEREAS, the following minutes are hereby approved

July 1, 2003 – Combined Meeting

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

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

NAYS: None.

ABSTAIN; Councilman Redmond.

ABSENT: Councilmen Hoff, Maher.

Bill List

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

RESOLUTION #466-03

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 25, 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 25, 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 $20,788,931.43 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Bill List

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

RESOLUTION #467-03

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Bill List DENIED

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

RESOLUTION #468-03

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

Moved by Councilman Baker, seconded by Councilman Redmond and so DENIED on the following roll call vote:

AYES: Councilmen Baker, Redmond, President Butler.

NAYS: Councilmen Calogera, Greene, Testino, Councilwoman Panos.

ABSENT: Councilmen Hoff, Maher.

Bill List

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

RESOLUTION #469-03

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 September 8, 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 September 8, 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 $10,484,899.54 (General Fund)

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Bill List

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

RESOLUTION #470-03

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 September 8 , 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.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Bill List

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

RESOLUTION #471-03

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

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

AYES: Councilman Baker, Calogera, Redmond, President Butler.

NAYS: Councilmen Greene, Testino, Councilwoman Panos.

ABSENT: Councilmen Hoff, Maher.

Prior to the vote the following discussion took place.

Councilman Testino: Have we've seen any change in the level of overtime in the last couple of weeks?

Mr. Shah: I don't see any changes in the pattern over the last month. I spoke to the Chief and he indicated that he is working on reducing overtime. As you know there was a murder in town and there was overtime incurred because of that.

Councilman Calogera: I am hopeful that the overtime costs will be reduced with the new police administration. I understand that this will take some time and am confident that the new police chief will accomplish this.

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 August 2003:

DOGS:
2872-2921 378.00

Cats
298-303 45.00

LICENSE:

Mass Assembly
Raceway Park – 3 Mass Assembly Permits 300.00

Kennel
#1 Parkwood Kennel 25.00 325.00

BINGO/RAFFLE
RA65-03 St Thomas Church 10.00
RA66-03 St Thomas Church 10.00
RA67-03 St Thomas Church 30.00
RA68-03 Southwood Elementary School 10.00
60.00

PARKING PERMITS
2013-2025 125.00
Replacements - 2014, 2016, 2018, 2019, 2020, 2022, 2023, 2024

Temporary Permits
2 permits issued 10.00
135.00

SEARCH
21,22-2003 20.00

MISCELLANEOUS:
Late Fee - DOGS 95.00
Late Fee – CATS 5.00
Photocopies - Copies 69.87
Bounced Check and Limo Fee – Perfect Limo 70.00
239.87

Total: $1,202.87

MOTION

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Report of the Attorney

Assistant Township Attorney, Carol Berlen: We will need the council's indulgence for an Executive Session for discussion on the settlement negotiations with the Breakfast Club 80.

Councilman Greene: Has there been any progress on the council approved resolution to have the Zoning Board members come in and voluntary discuss the billboard issue.

Ms. Berlen: It is my understanding that the members were contacted and some appointments were scheduled but were later cancelled on the advice of their counsel.

Councilman Greene: I would like to read a statement: Advise that local Zoning Board of Adjustment officials have delayed scheduled interviews regarding the circumstances of their approval of a controversial Route 9 billboard application, is more than disappointing, it is disturbing.

Councilman Testino: Isn't this the attorney's report?

Councilman Greene: Why the foot tracking on this simple but important matter. It is now two months since I proposed to the council and then received council approval to request basic information regarding the zoning board's approval…

Councilman Baker: I would like a point of order.

Councilman Greene: One of several . . .

Councilman Baker: Point of order, this is a legal report.

Councilman Greene: Mr. Baker, I know that you are very good at turning town testimony, but I would like to continue without your interruption.

Councilman Baker: A point of order takes precedent.

Councilman Greene: I would like to continue.

Councilman Testino: Make your comments later in the meeting.

President Butler: Let him finish.

Councilman Greene: This billboard is one of several approved in New Jersey is now gaining increased notoriety because of state level connections to the McGreevey machine. I simply asked that all principals be contacted to determine the circumstances of the approval. Who contacted the township? What members of the board of adjustment and what local officials were contracted by the applicant and when? My interest was and is to make sure that there are no surprises waiting out there as the state and federal investigations proceed. We are now told that the zoning board attorney has postponed interviews that were scheduled by our township attorney. The council and the public have a right to know why. We have a right to know when answers will be forthcoming. We are told that it is being researched, as to our local authority as a governing body to have these answers. That does not seem right, hopefully this delay is not political, given the involvement of certain principals in the local democratic campaign. It is impossible to ignore the fact that the zoning board chairman is treasurer to Jim Phillip's campaign, or that the key board testimony was received from another local democratic fund raiser. Responses to these reasonable questions posed by the council should no longer be delayed. We must demand answers to our questions before the next council meeting, if they are not received, we should seek them through higher levels of inquiry and investigation. The public's right to know and the township's reputation of ethical conduct is at stake.

President Butler: I don't mind you asking a question, but it seems like you are campaigning up here. I don't want that. I want you to just read the statement in reference to what you are talking about.

Councilman Greene: I am a councilman and I represent a population of residents in ward five and they have a right to know what . .

President Butler: This is no place to campaign.

Councilman Greene: This is not a campaign, it is simply me asking who was involved in a quality of life concern that the residents of Old Bridge are interested in. Who stuck this billboard, that is not allowed by township rules and regulations there? Who talked to the zoning board to get special permission to have this billboard stuck there? This is a quality of life concern that I have. This is not a campaign issue. This issue has been in the newspapers and since you brought this up as a campaign issue.

President Butler: Mr. Greene you are not reading any papers now.

Councilman Greene: I will. The Home News says that a $60,000.00 donation followed an approval of the disputed billboard. You brought this up as a campaign issue and this is what the newspaper says.

President Butler: Mr. Greene you are out of order.

Councilman Testino: Is there anything else that we are going to cover under the attorney's report?

Councilman Greene: Do you have anything to hide?

President Butler: This is not a political forum. This is were we do the people's business.

Councilman Redmond: Mr. Greene, have you ever served on the zoning board?

Councilman Greene: Is there a council member on this board that has anything to hide?

Councilman Redmond: We are the body that hears appeals, if someone had a complaint about that billboard, they could of come before us. No body complained.

President Butler: They could of come any time.

Councilman Greene: You are a council member, who appointed the zoning board members, who appointed the attorney; and if you want to question this… you have a nice cushy job with the county, you stepped back and removed yourself from running for re-election, probably because you are going to get a nice promotion.

Councilman Redmond: You are bordering on slander. I am going to ask the attorney to have this stopped right now. I want a ruling from the attorney on the wild accusations that you are making.

President Butler: I want to take a ten minute break.

At this point in the meeting President Butler left the podium, the discussion continued.

Councilman Redmond: You are not the attorney general, you are simply Rich Greene.

Councilman Greene: As a councilman and representative I want to know and the residents want to know.

Councilman Redmond: It's because you are running office, don't use taxpayers dollars to do it. That is what you are doing, you talk about good government.

Councilman Greene: The attorney general is investigating this.

Councilman Greene: Mr. Redmond, what have you got to hide.

Councilman Redmond: Nothing, I wasn't on the zoning board for this.

Councilman Greene: Who appointed the members and the zoning board attorney? Now we can get answers.

Councilman Redmond: You voted on the appointments.

Councilman Greene: Yes I did.

Councilman Redmond: So, what is the problem, what do you have to hide?

Councilman Greene: I would like to find out from them who knows what, and when they knew it. Do you want look at the billboard.

Councilman Redmond: Give it up Rich, you don't even have a quorum.

Councilman Greene: The environmental commission wrote a letter to the zoning board . . .

At this point in the meeting Councilman Testino, Redmond and Baker left the podium and there was no quorum.

The meeting was reconvened at 8:00 p.m.

Councilman Calogera: We have not finished the attorney's report. I asked for the Breakfast Club to submit papers by the next council meeting (8/11/03) regarding parking agreements. Was that information submitted?

Ms. Berlen: This can be addressed during the Executive Session.

MOTION

by Councilman Redmond to accept the report of the attorney, seconded by Councilman Calogera and so accepted on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

Preliminary Public Comments

Kieran Desai: I am the chairman of the Zoning Board of Adjustments and our secretary will be away from the job for a long time. I am requesting help from administration in staffing that position.

Mayor Cannon: Mr. Vincenti has indicated that he has coverage.

Mr. Vincenti: We have coverage and I will give you the details in private. We do not discuss personnel issues in public.

Mr. Rao: This is an important election and we need to do something about the taxes.

Mr. Louis Valentino: I would like an update on what is being done on the smoking ordinance. If anyone is interested in volunteering in the schools to stop the children from smoking they can contact me.

Mr. Joseph Dunn: I am on the recreation committee and also on the golf committee and I would like to speak about the golf referendum. This is too soon, there is not enough information out there. We do not ask for referendums on purchasing police cars or other purchases, this is not the time for a referendum – the committee has not even come to a decision on the golf course.

Mr. Gerard Haran: I urge the reporters and public to review both feasibility studies that were done on the golf course before a referendum is put to the public. There is too much misinformation out there at this time. The golf course will generate funds for the township for years to come.

Seeing no hands President Butler closed the public portion.

ORDINANCE FOR SECOND READING

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

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

NAYS: Councilman Calogera.

ABSENT: Councilmen Hoff, Maher.

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

Prior to the vote the following discussion took place.

Councilman Calogera: When did we adopt this incentive program?

Mr. Shah: This is the early retirement liability that we had for the elections that we had back in 1991. This is converting the liability that is growing at a higher percentage and do to the good interest rate that we can get under the issuing bonds and the recent approved state statute which allows us to do this. We are saving $120,000.00 by doing this.

Councilman Testino: When are we going to hit the market?

Mr. Shah: The resolution is on the agenda tonight to authorize us to go into the market now.

ORDINANCE FOR SECOND 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 Baker, seconded by Councilman Redmond and so ordered on the following roll call vote:

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

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

ORDINANCE FOR SECOND READING

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.

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

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

ORDINANCE FOR SECOND READING

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 all amendments as enacted.

SECTION 2: 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 3: PARTIAL INVALIDITY

SECTION 4: EFFECTIVE DATE

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

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

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

NAYS: None.

ABSENT: Councilmen Hoff, Maher.

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

ORDINANCE FOR SECOND READING

ORDINANCE NO. 44-03

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE
MODIFYING THE BUILDINGS AND HOUSING CODE OF THE TOWNSHIP OF OLD BRIDGE CHANGING INSPECTION 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: AMENDMENT BY SUBSTITUTION OF SECTION 11-1.8 PARAGRAPH A OF THE BUILDINGS AND HOUSING CODE

Section 11-1.8, paragraph A, of the Township of Old Bridge Buildings and Housing Code is hereby stricken to be replaced with a new Section 11-1.8, paragraph A to read as follows:

a. For inspections made after 4:00 pm on normal business days and weekends: two hundred fifty dollars ( $250.00) for inspections up to four hours; three hundred fifty dollars ($350.00) for inspection over four hours.

SECTION 2: 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 3: PARTIAL INVALIDITY

SECTION 4: EFFECTIVE DATE

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

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

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

NAYS: Councilman Redmond.

ABSENT: Councilmen Hoff, Maher.

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

ORDINANCE FOR SECOND READING

ORDINANCE NO. 45-03

ORDINANCE AUTHORIZING THE VACATION OF VARIOUS RIGHT OF WAYS IN ORDER TO IMPLEMENT HOVNANIAN SETTLEMENT IN THE MATTER OF K. HOVNANIAN CENTRAL ACQUISITIONS, LLC vs. TOWNSHIP OF OLD BRIDGE, DOCKET #MID-L-5076-01

WHEREAS, A limited portion of several streets need to be vacated in order to conform to the settlement reached in the matter of K. Hovnanian Central Acquisitions, LLC vs. Township of Old Bridge, Docket #MID-L-5076-01; and

WHEREAS, portions of Amy Court, Morris Drive, Nathan Drive and Prest's Mill Road right of ways are no longer needed for use as a public roadway as a result of road realignments made because of the wetlands;

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

The purpose of this ordinance is to vacate portions of Amy Court, Morris Drive, Nathan Drive and Prest's Mill Road right of ways which are no longer needed for public use by the Township of Old Bridge in conjunction with the settlement reached in the matter of K. Hovnanian Central Acquisitions, LLC vs. Township of Old Bridge, Docket #MID-L-5076-01

SECTION 2: ORDINANCE

The Township of Old Bridge hereby vacates a portion of Amy Court, Morris Drive, Nathan Drive and Prest's Mill Road as more fully described in the seven (7) legal descriptions on file with the Township Clerk's office. The Township of Old Bridge expressly reserves all rights and privileges now possessed by public or private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated including but not limited to gas, water, cable, telephone, electric, sanitary sewers, and any appurtenances and rights of ingress and egress relating thereto.

Within sixty (60) days of the effective date of this Ordinance a certified copy of this Ordinance together with proof of publication and copies of all exhibits shall be filed with the Clerk of Middlesex County for recording.

SECTION 3: 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 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

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

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

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

NAYS: Councilman Redmond.

ABSENT: Councilmen Hoff, Maher.

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

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 46-03

AN ORDINANCE OF THE TOWNSHIP OF OLD BRIDGE PROHIBITING THE USE OF ANY RECREATIONAL MOTORIZED VEHICLES AND ALL TERRAIN VEHICLES ON ALL PUBLICLY OWNED PROPERTY AND PRIVATELY OWNER PROPERTY WITHOUT THE EXPRESS PERMISSION OF THE OWNER OR OCCUPANT.

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

SECTION 1: PURPOSE

The Township finds that the operation of such motorized recreational vehicles has previously been conducted in a manner so as to disturb the peach, quiet and tranquility of others and in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of other or the property of others. This Ordinance proposes to regulate their use.

SECTION 2: RESTRICTIONS ON USE

No person shall operate any recreational motorized vehicles, including but not limited to snow mobiles; two wheel vehicles known as mini-bikes, trail bikes; motor scooters; three or four wheel motor vehicles known as all terrain vehicles (ATV's) and four wheel motor vehicles known as go-carts, under the following circumstances.

a. On the private property of another without the express permission of the owner or occupant of the property.

b. On any public grounds or lands owned by the Township, excluding streets the use of which is expressly provided for by the New Jersey statutes.

c. In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.

d. In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person, including the operator of the vehicle.

SECTION 3: EXCEPTIONS

The terms and provisions of this chapter shall not be applicable to police or other emergency vehicles, including but not limited to ambulances, motorcycles, fire control vehicles and the like, or to motorized lawn mowers, tractors or farm vehicles or construction equipment.

SECTION 4: CONFISCATION

The Old Bridge Police Department is hereby authorized to confiscate and impound any recreational motorized vehicle or ATV operated in a prohibited area or in a prohibited manner in violation of the terms of this chapter. The recreational motorized vehicle or ATV shall be returned to the owner thereof upon payment of any fine imposed as a result of a violation of this chapter or upon the direction of any court, except that a second or subsequent violation shall result in the forfeiture of such vehicle.

SECTION 5: VIOLATION AND PENALTIES

Any person who violates any of the provisions of this chapter shall be, upon conviction, fined the sum of not less than $250.00 nor more than $1000.00 and shall be subject to a period of community service upon such terms and in such form as the court may deem appropriate.

SECTION 6: 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 7: PARTIAL INVALIDITY

SECTION 8: 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-41or (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.

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

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

NAYS: Councilman Redmond.

ABSENT: Councilmen Hoff, Maher.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 47-03

ORDINANCE ADOPTING AN ATHLETIC CODE OF CONDUCT AND A COACHES CODE OF ETHICS GOVERNING COACHES, PARTICIPANTS AND ATTENDEES OF YOUTH SPORTS TEAM EVENTS WHICH ARE FUNDED BY OR HELD ON PROPERTY OWNED BY THE TOWNSHIP OF OLD BRIDGE

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

Section 1. Purpose

The purpose of this Ordinance is to formally adopt a procedure whereby the Athletic Code of Conduct and Coaches Code of Ethics, governing coaches, participants and attendees of youth sport team events funded by or held on property owned by the Township of Old Bridge, can be enforced.

Section 2. Youth Sports Athletic Code of Conduct

Youth sport team organizations who are funded by or hold games on property owned by the Township of Old Bridge shall adhere to the Athletic Code of Conduct and the Coaches Code of Ethics as adopted by resolutions on August 11, 2003. Ten copies of the Athletic Code of Conduct and the Coaches Code of Ethics shall be filed with the Township Clerk and the Township Director of Parks and Recreation in accordance with the filing requirements of NJSA 40:69A-181.

Section 3. Definitions

As used in this Ordinance, the following terms shall have the meaning as indicated:

ATHLETIC CODE OF CONDUCT – A written specification of behavior of the parents, guardians, attendees, coaches and officials at youth sports activities, prepared by the Township of Old Bridge, which will incorporate the terms of the within chapter and must be consented to in writing by the parents and legal guardians of the minor participants of each youth sports activity.

COACHES CODE OF ETHICS – A written specification of behavior of the youth sport coaches during youth sports activities, prepared by the Township of Old Bridge, which will incorporate the terms of the within chapter and set forth ethical guidelines for all coaches which must be consented to in writing by every coach of a youth sports team.

YOUTH SPORTS ACTIVITY – Any sports organization which is affiliated with or receives monetary or other support from the Township of Old Bridge or which regularly utilizes any facilities owned, operated or maintained by the Township of Old Bridge, which participates in sporting competitions involving minors.

YOUTH SPORTS EVENT – Any competition, practice or instructional event involving one or more youth sports activities.

Section 4 Adherence to Athletic Code of Conduct

Every youth sports activity in the Township of Old Bridge shall be required to follow the Athletic Code of Conduct and the Coaches Code of Ethics as adopted by resolutions on August 11, 2003.

Section 5 Enforcement

Each youth sports organization shall be charged with enforcing the provisions of this ordinance at their youth sports event. The Director of Parks & Recreation shall have the final review and disposition on any appeals taken as a result of an organization's enforcement practice.

Section 6 Prohibited Acts; Penalty for Violations

Youth sport teams organizations which are funded by or hold games on property owned by the Township of Old Bridge may ban the presence of a person at a youth sports event in accordance with the following guidelines:

A. A coach, parent, player, participant, league official or other youth sports event attendee who violates one or more of the provisions contained in the Athletic Code of Conduct may be banned from attending, coaching or participating in at least one youth sports event if the person:

1. Has been issued a prior written warning for violating one or more of the provisions contained in the Athletic Code of Conduct.

2. Violates the Athletic Code of Conduct by engaging in verbal or physical threats or abuse aimed at any coach, parent, player, participant, league official or any other attendee.

B. Any such person who violates the Athletic Code of Conduct by initiating a fight or scuffle with any coach, parent, participant, league official or any other attendee will be banned for one (1) calendar year from the time of infraction.

Section 7 Authority to Remove Violators from Premises

Any parent, official, coach or spectator at any youth sporting event shall be subject to the authority of all field officials, including umpires, referees and elected league officials or coaches of the youth sports activity. This authority shall also include any youth teams practice or instructional event, and such authority shall include the authorization to direct any person or persons involved in any incident in violation of this chapter or applicable code of conduct to immediately remove themselves from premises.

Section 8 Violation Procedures and Appeal Hearing

A. Upon determination by the highest ranking official and the governing Board of the youth sports organization that a parent, guest, spectator, coach or official at any youth sports event sponsored by such youth sports has violated a provision of this chapter or the code of conduct of the youth sport activity, the Director of Parks & Recreation shall forward to such violators a notice via regular and certified mail, identifying the date, location, nature of violation and the period of the banning or other action to be taken in response to such violation.

B. Any person receiving such notice who wishes to contest same shall appeal to the Old Bridge Township Director of Parks & Recreation within 7 calendar days of the mailing of said notice by forwarding a copy of said notice with a written request for appeal, specifying setting forth the basis of such person’s contest of the notice of violation, via personal delivery, fax or certified mail to the Director of Parks & Recreation at the address specified.

C. Upon receipt of such appeal the Director of Parks & Recreation shall schedule a hearing within 7 days and provide an opportunity for said person and any interested person or persons to appear an be heard with respect to the occurrence of any violation and action taken by the Director.

D. The Director shall review statements, firsthand accounts and any other pertinent information or documentation relevant to the violation and may sustain, overturn or modify the notice of violation consistent with this chapter or the code of conduct.

E. Any person while appealing his/her violation of the code of conduct shall be reinstated with full rights and authority until such time that a determination and disposition of his/her appeal has been made.

F. All notices of violation and banning or other actions shall remain in effect until overturned or modified by the Director of Parks & Recreation.

G. In the event any notice of violation is not appealed within 7 days of such notice, said notice of violation and action taken by the official Director, including banning from youth sports events or other action taken, shall become final.

Section 9 Anger Management Counseling for Violators: Permission to Resume Participation

A. A youth sport team organization shall require a person banned pursuant to the provisions of Section 6B. above, to complete an anger management-counseling program at their own expense, consisting of not less then 12 hours on instruction and shall provide proof of satisfactory completion to the Director of Parks and Recreation.

B. A coach, parent, player, spectator or league official or other youth sport event attendee may attend, coach or participate in a youth sports event from which the person has been previously banned one year, if the person:

A. Provides a written request for permission to resume participation or attendance to the youth sports team organization which issued the ban, after the one year ban has expired.

B. Provides a written apology to the youth sports team organization to which issued the ban, and to the person or persons who are the subject of the behavior which constituted the violation of the Code, as directed by the youth sports team organization.

Section 10 Failure to participation in Athletic Code of Conduct or Coaches Code of Ethics.

Any youth sports team organization that chooses not to participate in the Athletic Code of Conduct or the Coaches Code of Ethics, as adopted by resolutions dated August 11, 2003 and as enforced by this ordinance, shall not receive Township funding, Township liability coverage nor will they be permitted to use Township property, facilities for their program.

Section 11. 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 12. Partial Invalidity.

Section 13. 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.

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

AYES: Councilman Baker, Calogera, Greene, Redmond, Testino, Councilwoman Panos, President Butler.

NAYS: None.

ABSENT: Councilman Hoff, Maher.

ORDINANCE FOR FIRST READING

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 48-03

ORDINANCE GRANTING A UTILITY EASEMENT TO OBMUA AT THE INTERSECTION OF MARLBORO ROAD AND EAST GREYSTONE ROAD ON PROPERTY CURRENTLY OWNED BY THE TOWNSHIP OF OLD BRIDGE KNOWN AS PART OF LOT 67.11, BLOCK 20000 AS REQUIRED BY WATER STORAGE TANK RELOCATION

WHEREAS, the Township of Old Bridge owns property known as Block 20000, Lot 67.11 at the intersection of Marlboro Road and East Greystone Road; and

WHEREAS, due to the relocation of a water storage tank, it is necessary for the Township of Old Bridge to grant an easement to the OBMUA; and

WHEREAS, a legal description of the utility easement has been prepared by the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:

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

The purpose of this Ordinance is to grant a utility easement to the OBMUA at the intersection of Marlboro Road and East Greystone Road on property owned by the Township of Old Bridge known as Block 20000, Lot 67.11.

SECTION 2: ORDINANCE

The Township of Old Bridge hereby grants a utility easement over a portion of Block 20000, Lot 67.11, and more fully described in the document Description of a Utility Easement to the OBMUA Lands Currently Owned by the Township of Old Bridge part of Lot 67.11, Block 20000 in the Township of Old Bridge, Middlesex County, New Jersey, on file with the Township Clerk.

The utility easement is contingent upon the filing of an executed deed of easement and right-of-way granting an easement and right-of-way to the Old Bridge Municipal Utilities Authority. Such easement must be accepted by the OBMUA in order to be valid.

A true copy of this Ordinance, together with proof of publication, shall be filed with the Middlesex County Clerk within sixty (60) days of the effective date of this Ordinance.

SECTION 3: INCONSISTENT ORDINANCES

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

SECTION 4: PARTIAL INVALIDITY

SECTION 5: EFFECTIVE DATE

B. If the