The following agenda and minutes are an unofficial copy and for informational purposes only. Please do not rely on these minutes in making a land use application or for an application for a permit of any kind. Contact the Municipal Clerk for an official copy.
AGENDA FOR REGULAR SESSION MEETING OF
JUNE 2, 2008 AT 7:30 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MINUTES FOR APPROVAL
Agenda Session – May 1, 2008
Regular Session – May 5, 2008
Agenda Session – May 15, 2008
Regular Session – May 19, 2008
Special Session – May 22, 2008
5. TOWNSHIP COUNCIL REPORTS
6. MAYOR’S REPORT
7. PRESENTATION
8. DISCUSSION
a) Stavola Quarry Update
b) Knightsbridge Estates
c) Appointment Municipal Judge
9. 2008 MUNICIPAL BUDGET
a) Budget Amendment (remove from table 6/2)
b) Revised Budget Amendment – Introduction
10. PUBLIC HEARING AND FINAL ACTION ORDINANCES
a) An Ordinance Authorizing the Sale of Certain Vacant Unimproved Property Designated as Block 581, Lot 3 to Adjoining Property Owners
11. INTRODUCTION OF NEW ORDINANCES
a) Amending Chapter 4 “Administrative Organization”, Article XIV Entitled “Department of Police”, Section 4-84 D, (Composition and Organization of the Police Force)
12. MEETING OPEN TO THE PUBLIC
Members of the public wishing to address the Council on any matter will be allowed two minutes to speak, unless there are unusual circumstances.
13. RESOLUTIONS
a) Authorization to Submit an Application and Execute a Grant Agreement with the NJ Department of Transportation 2008 Municipal Aid Program to Reconstruct Pavement on Country Club Road – Phase 1 Authorization to Submit a Grant Application and Execute a Grant Agreement with the New Jersey Department of Transportation
b) Authorization for Firework Displays Somerset Patriots June 7, June 20, June 26 and July 3, 2008
c) Authorization for Firework Display Raritan Valley Country Club July 4, 2008
d) Reimbursement of the Fire Permit Fee for the Atlantic Valley Volleyball Club in the Amount of $50
e) Award of Contract to Defino Contracting Company for the Crim Road Resurfacing (Mountaintop Road to Delaware Drive) Project In the Sum of $83,000
f) Authorizing the Execution of an Agreement between the Township of Bridgewater and Bridgewater Baseball, Inc.
g) Authorizing Acceptance of Change Order # 1 for Colonial Way - Cambridge Lane Drainage Improvement Project, Phase I
h) Authorizing Award of Professional Engineering/Surveying Services for the Tributary to Peter’s Brook At Petron Place and Donahue Road Drainage Ditch Drainage Improvement Projects to Edwards Engineering Group, Inc. In the Amount of $43,750
14. CONSENT AGENDA RESOLUTIONS
a) Renewal of Club Liquor Licenses 2008-2009
b) Renewal of Plenary Retail Consumption Liquor Licenses 2008-2009
c) Renewal of Plenary Retail Distribution Liquor Licenses 2008-2009
d) Plenary Retail Consumption Hotel/Motel Exception
i. Hilton Gardens Inn
ii. Bridgewater Marriott Hotel
iii. Summerfield Suites Hotel
iv. Marble Inn, Inc t/a Day’s Inn
e) Renewal of Plenary Retail Consumption Liquor License Broad Package Privilege – La Catena 22
f) Plenary Retail Consumption with Special Conditions
i. Mish-J.O. Investment Corp. t/a Green Knoll Grille
g) Plenary Retail Consumption Pocket License
i. GMRI, Inc. / the Olive Garden Italian Restaurant Brinker, New Jersey, Inc
ii. Arber Corporation, Inc
iii. BC Mall Restaurant, Inc
15. REPORTS
16. CLOSED SESSION
Litigation – Combe South Landfill
Personnel – Candidate for Vacant Township Judge Position
17. ADJOURNMENT
Revised 05/28/08
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
JUNE 2, 2008 COUNCIL CHAMBERS
The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in a regular session on Monday, June 2, 2008, at 7:30 p.m. in Council Chambers in the Municipal Annex, Bridgewater, New Jersey.
Council President Norgalis read the following announcement:
In compliance with the Open Public Meetings Act of New Jersey, adequate notice of this meeting was provided on January 7, 2008, by sending written and electronic notice to the Courier News and The Reporter; posting on the Township website and posting on the bulletin board in the Municipal Building and filing with the Township Clerk.
On call of the roll the following Council members were present:
Robert E. Albano (arrived 7:38)
Michael P. Hsing
Matthew C. Moench
Patrick Scaglione
Howard V. Norgalis
Also Present: Patricia Flannery, Mayor
James T. Naples, Township Administrator
Alan Grant, Township Attorney
Scott T. Parente, Deputy Township Attorney
Linda J. Doyle, Township Clerk
Hector A. Herrera, Deputy Township Clerk
Council President Norgalis led the audience in the Pledge of Allegiance.
On motion of Councilman Scaglione, seconded by Councilman Moench, the minutes for the agenda session meeting of May 1, and regular session of May 5, 2008 were approved. All were in favor.
On motion of Councilman Scaglione, seconded by Councilman Moench, the minutes for the special session meeting of May 22, 2008 were approved. All were in favor.
On motion of Councilman Scaglione, seconded by Councilman Hsing the minutes for the agenda session meeting of May 15, and regular session of May 19, 2008 were approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Abstain
Councilman Moench reported he participated in the Bradley Gardens Memorial Day Parade with Mayor Flannery. He added the parade ended in Ardmaer Park where there was a wreath ceremony.
Councilman Moench reminded those present that Tuesday, June 3, 2008, is the Primary Election and urged all to come out and vote.
Councilman Scaglione reported he and Mayor Flannery attended a competition of Celebrity Chefs’ held at Hillside School. He stated he, Mayor Flannery and Tammy Hsing each submitted an entrée, but the desserts took the win.
Councilman Hsing stated he was on a business trip and although he wanted to attend the Celebrity Chef’s competition he was not able to make it back in time; however he recognized Tammy for submitting an entrée in his stead.
Mayor Flannery reported on the International House of Pancakes (IHOP) on Route 202. She added the Ribbon Cutting Ceremony will be held on June 3, 2008.
Mayor Flannery reported the brick is being installed on the Municipal Complex and is very much a match and compliments the renovation.
Mayor Flannery reported on July 4th the Middlebroook Campground will host a reading of the Declaration of Independence and Historic speech at 10:30 am.
Mayor Flannery reported the Regional Center Partnership is offered a $65,000 Challenge Grant. They chose an engineering grant to look at the Vo-Tech as a site for a future turf field. She added this would benefit all three of the participating communities.
On the motion of Councilman Albano, second of Councilman Scaglione, Council convened closed session at 7:38 p.m.
BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss personnel – vacant Township Judge position.
When and if the matters discussed become public record, this will be made known to the public at that time.
The public is excluded from said meeting and further notice thereof is dispensed with all in accordance with Sections 8 and 4a of the Open Public Meetings Act.
On motion of Councilman Albano, second of Councilman Hsing, Council reconvened in open session at 7:50 p.m.
AUTHORIZING THE APPOINTMENT OF MUNICIPAL JUDGE
Council was in consensus to support the appointment of Judge Stanley Rizzolo as Municipal Judge and applauded his experience and demeanor.
On motion of Councilman Scaglione, second by Councilman Albano, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #08-06-02-142 is appended to the official minutes
Mr. Naples recognized Chip Mills as Quarry Master and Tom Branch, and Rick Young representing Stavola to give an update on the current progress on Phase 1 removal of the thumb at the Stavola Quarry. Mr. Branch added there were several goals needed to be met to meet that objective. Mr. Branch presented a power point presentation depicting an overview of the site and the progression to meet certain goals timely. Mr. Branch stated with added certainty he anticipates the access road and the retaining walls will in place by the end of June, 2008, to allow Somerset County to utilize the site and begin construction on the pads for both Bridgewater and the County facility.
Council President Norgalis recognized Mr. Frank Linnus, attorney representing the Knightsbridge Estates application. Mr. Linnus stated he made a complete presentation to Council on May 1st with a suggestion that the Council consider recommending a study of the area to create a C3C zone creating a conditional use for a limited area of the C3 zone for the construction of a hotel. Mr. Linnus added he is looking for closure and direction from Council.
Council discussed the application at length. Council President Norgalis reminded Mr. Linnus that the owner of the property agreed the property would be developed within the current zoning guidelines. Council President Norgalis added the documentation from the Planning Board indicates had the owner not agreed to this stipulation the Board may have found differently.
Council President Norgalis stated Council was split in their motion as to whether the Township Planner should review this parcel separately or whether it should be reviewed as part of the professional economic review study on commercial properties being done within the Township by the Shapiro Firm.
On motion of Councilman Scaglione, seconded by Councilman Albano the motion was made to refer this property to the Township Planner to review the application. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Nay
Councilman Moench Nay
Councilman Scaglione Aye
Council President Norgalis Nay
THE MOTION WAS DENIED.
Scott Parente leaves the meeting at 8:15 p.m.
Alan Grant arrives at the meeting at 8:15 p.m.
BUDGET AMENDMENT
On motion of Councilman Albano, second by Councilman Scaglione, the 2008 Budget Amendment resolution was removed from the table and not approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE 1ST 2008 BUDGET AMENDMENT WAS NOT APPROVED.
REVISED BUDGET AMENDMENT – INTRODUCTION
Mr. Naples stated Ms. Turchan prepared the revised Budget Amendment based on the Council deliberations and is present to field any questions on the amendment. Mr. Naples added that Police Chief Borden had prepared additional comments and would like the opportunity to briefly address Council.
Mayor Flannery stated she respects the Budget subcommittee’s work and diligence in examining the budget. Mayor Flannery recognized that the State’s cuts in Municipal Aid adds too, increased burden of property taxes to our residents. Mayor Flannery stated she strongly opposed Governor Corzine’s cuts and has formalized her opposition to our legislature and has asked them to fight to restore this funding.
Mayor Flannery asked Council to reconsider the reduction of the vacant police position, and further reduction of operating expenses. The Mayor added Chief Borden has offered his argument for maintaining manpower at current levels and she supports the Chief’s recommendation.
Chief Borden read a brief statement reiterating his opposition in cutting any staff or personnel in the Police Department. Chief Borden distributed and reviewed an activity sheet detailing the statistics and increases in volume for calls of service including 911 calls, MV accidents, detective cases and total number of arrests. Chief Borden stated this cut back would be a major set back for the Police department and the citizens they serve.
Council was in consensus the cutbacks are not a reflection of the Mayor’s or Police budget but a reaction to the State’s cuts and lack of revenue. The increase can not be passed in its entirety to our residents. The Township needs to absorb some of these costs to minimize the impact passed on to our taxpayers.
On motion of Councilman Albano, second by Councilman Hsing, the 2nd 2008 Budget Amendment resolution was discussed at length and approved for introduction. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION FOR INTRODUCTION WAS APPROVED.
A copy of resolution #08-06-02-143 is appended to the official minutes
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Public Hearing and Final Action Ordinance |
AN ORDINANCE OF THE TOWNSHIP OF BRIDGEWATER, COUNTY OF SOMERSET, STATE OF NEW JERSEY, AUTHORIZING THE SALE OF CERTAIN VACANT UNIMPROVED PROPERTY DESIGNATED AS BLOCK 581, LOT 3, TO ADJOINING PROPERTY OWNERS
Council President Norgalis stated the size of the parcel is .08 of an acre.
Mr. Bogart commented for the record the site is severely restricted by constraints.
On motion of Councilman Hsing, seconded by Councilman Scaglione, Council opened the public hearing on the above referenced ordinance.
No one wished to be heard.
On motion of Councilman Scaglione, seconded by Councilman Moench, the public hearing was closed.
On motion of Councilman Albano, second by Councilman Scaglione, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #08-06-02-144 is appended to the official minutes
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Introduction of Ordinances |
AMENDING CHAPTER 4 “ADMINISTRATIVE ORGANIZATION”, ARTICLE XIV ENTITLED “DEPARTMENT OF POLICE”, SECTION 4-84 D, (COMPOSITION AND ORGANIZATION OF THE POLICE FORCE
BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 16th day of June 2008, at 7:30 p.m. prevailing time on said day as the time and the Bridgewater Township Municipal Annex at 505 Route 202-206 South in said Township as the place for hearing and final action; and
FURTHER RESOLVED, that the Township Clerk shall forthwith post on the bulletin board in the Township Municipal Building at 700 Garretson Road, a true copy of said ordinance and make copies available to members of the general public and spread the same upon the minutes of the meeting.
Councilman Moench stated the removal of this police officer position from the organizational structure has been a vacant position for some time and he believes causes the least impact on the police department. Councilman Moench added he is not opposed to the position being readdressed in the future should there be the need to increase the number of officers
On motion of Councilman Albano, second by Councilman Moench, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #08-06-02-145 is appended to the official minutes.
On motion of Councilman Hsing, seconded by Councilman Albano, the meeting was opened to the public.
Michelle Louise, 405 Route 28, thanked Council for understanding and listening to her with regard to the application from Knightsbridge Estates. She added she is not fighting development but believed the hotel not to be the best interest of the neighborhood.
Joseph Sicola, 428 Farmer Road addressed Council as a resident and as Bridgewater-Raritan High School Administrator over his concern with the possibility of cutting a school resource officer. Mr Sicola added this year 2,824 students are enrolled in the High School and to maintain a safe and secure environment a police school resource officer is essential. Mr. Sicola opposed cutting a position in the Police organizational structure.
John Louise, 405 Route 28, stated he wanted to reiterate the comments of his wife, and thanked Council for the decision to not have the Township Planner address the application for Knightsbridge Estates at this time.
Bob Vaucher, Foothill Civic Association asked for clarification on the Knightsbridge Estates application represented by Mr. Linnus.
Councilman Norgalis explained to Mr. Vaucher, the motion set by Council was to not have the Township Planner evaluate the application presented by the developer.
Carmine Lo Giudice, resides in the Orchard Meadows Development opposes the Knightsbridge Estates (hotel) application represented by Mr. Linnus due to its close proximity to a grammar school. He has four grandchildren in school and has concerns for the children’s safety.
On motion of Councilman Hsing, seconded by Councilman Albano, the meeting was closed for public comment
AUTHORIZATION TO SUBMIT AN APPLICATION AND EXECUTE A GRANT AGREEMENT WITH THE NJ DEPARTMENT OF TRANSPORTATION 2008 MUNICIPAL AID PROGRAM TO RECONSTRUCT PAVEMENT ON COUNTRY CLUB ROAD – PHASE 1 AUTHORIZATION TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION
Mr. Naples stated this Municipal Aid Grant application is a continuation to reconstruct pavement from the Route 28 culvert to Route 22.
On motion of Councilman Albano, second by Councilman Hsing, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #08-06-02-146 is appended to the official minutes.
AUTHORIZATION FOR FIREWORK DISPLAYS SOMERSET PATRIOTS JUNE 7, JUNE 20, JUNE 26 AND JULY 3, 2008
AUTHORIZATION FOR FIREWORK DISPLAY RARITAN VALLEY COUNTRY CLUB JULY 4, 2008
Mr. Naples stated the Somerset Patriots fireworks represent the next set of four displays, and the Raritan Valley Country Club represents a special display for the July 4th holiday.
On motion of Councilman Albano, second by Councilman Hsing the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTIONS WERE APPROVED.
Copies of resolutions #08-06-02-147 and 08-06-02-148 are appended to the official minutes.
REIMBURSEMENT OF THE FIRE PERMIT FEE FOR THE ATLANTIC VALLEY VOLLEYBALL CLUB IN THE AMOUNT OF $50
Council discussed the request for waiver and felt it prudent to have more information provided prior to making a final consideration.
On motion of Councilman Moench, the foregoing resolution was tabled. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS TABLED.
AWARD OF CONTRACT TO DEFINO CONTRACTING COMPANY FOR THE CRIM ROAD RESURFACING (MOUNTAINTOP ROAD TO DELAWARE DRIVE) PROJECT IN THE SUM OF $83,000
Mr. Naples stated this is the final section of roadway to be resurfaced from Washington Valley down to Mine Road.
On motion of Councilman Albano, second by Councilman Scaglione, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS APPROVED.
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND BRIDGEWATER BASEBALL, INC.
Council discussed the award of contract and requested Administration provide additional information to include the operating costs and who will be responsible for covering these costs, and the type and model of fixtures prior to making a final consideration.
On motion of Councilman Albano, the foregoing resolution was tabled. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS TABLED.
AUTHORIZING ACCEPTANCE OF CHANGE ORDER # 1 FOR COLONIAL WAY - CAMBRIDGE LANE DRAINAGE IMPROVEMENT PROJECT, PHASE I
Mr. Bogart explained there was a increase in the quantities of various materials needed which, in turn, resulted in a contract price increase from $199,260 to $219,210 in the amount of $19,950 or 10% higher than the contract amount based on an adjustment of estimated quantities to match as-built quantities.
On motion of Councilman Albano, second by Councilman Moench, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #08-06-02-150 is appended to the official minutes
AUTHORIZING AWARD OF PROFESSIONAL ENGINEERING/SURVEYING SERVICES FOR THE TRIBUTARY TO PETER’S BROOK AT PETRON PLACE AND DONAHUE ROAD DRAINAGE DITCH DRAINAGE IMPROVEMENT PROJECTS TO EDWARDS ENGINEERING GROUP, INC. IN THE AMOUNT OF $43,750
Mr. Bogart explained this is a two project award to provide the following services: rofessional engineering/surveying services which will include analyzing the existing drainage, determining and recommending the drainage improvements alternatives, identifying any and all easements and permits needed, preparing easement maps and descriptions, submitting construction cost estimate for identified alternatives and preparing plans and specifications for selected alternatives for two (2) Drainage Improvement Projects, Tributary to Peter’s Brook at Petron Place and Donahue Road Drainage Ditch, including drainage analysis, design, survey, permits, and documents for the projects.
On motion of Councilman Moench, second by Councilman Hsing, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #08-06-02-151 is appended to the official minutes
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Consent Agenda Resolutions |
The Clerk read the Title of each of the resolutions.
Ms. Doyle stated the proper renewal applications and tax clearance certificates have been received. Ms. Doyle added Health, Zoning, Fire and the Police Departments have no objections to the renewal of the following liquor licenses for 2008-2009
RENEWAL OF CLUB LIQUOR LICENSES 2008-2009
RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSES 2008-2009
RENEWAL OF PLENARY RETAIL DISTRIBUTION LIQUOR LICENSES 2008-2009
PLENARY RETAIL CONSUMPTION HOTEL/MOTEL EXCEPTION
HILTON GARDENS INN
BRIDGEWATER MARRIOTT HOTEL
SUMMERFIELD SUITES HOTEL
MARBLE INN, INC T/A DAY’S INN
RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE BROAD PACKAGE PRIVILEGE – LA CATENA 22
PLENARY RETAIL CONSUMPTION WITH SPECIAL CONDITIONS
MISH-J.O. INVESTMENT CORP. T/A GREEN KNOLL GRILLE
PLENARY RETAIL CONSUMPTION POCKET LICENSE
GMRI, INC. / THE OLIVE GARDEN ITALIAN RESTAURANT BRINKER, NEW JERSEY, INC
ARBER CORPORATION, INC
BC MALL RESTAURANT,
On motion of Councilman Albano, second by Councilman Moench, the foregoing resolutions were approved in consent. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Scaglione Aye
Council President Norgalis Aye
THE RESOLUTIONS WERE APPROVED.
Copies of resolutions #08-06-02-152 through #08-06-02-164 are appended to the official minutes
On the motion of Councilman Albano, second of Councilman Scaglione, Council convened closed session at 9:07 p.m.
BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss litigation – Combe South Landfill
When and if the matters discussed become public record, this will be made known to the public at that time.
The public is excluded from said meeting and further notice thereof is dispensed with all in accordance with Sections 8 and 4a of the Open Public Meetings Act.
On motion of Councilman Albano, second of Councilman Hsing, Council reconvened in open session at 9:30 p.m.
On motion of Councilman Scaglione, second of Councilman Hsing, the meeting was adjourned at 9:35 pm.
Respectfully Submitted,
Linda J. Doyle, RMC
Municipal Clerk
______________________________
Howard Norgalis
Council President