Meeting Minutes From: 8/18/2008

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

AUGUST 18, 2008 AT 7:30 P.M.


1.     NOTICE OF MEETING

2.     ROLL CALL

3.     PLEDGE OF ALLEGIANCE

4.     MINUTES FOR APPROVAL

Regular Session – August 4, 2008

Closed Session – August 4, 2008

5.     TOWNSHIP COUNCIL REPORTS

6.     MAYOR’S REPORT

7.     PRESENTATION

8.     DISCUSSION

a)    Volunteer Benefits (Waiver of Fees)

b)    Reimbursement for Hazardous Materials Clean Up

9.     PUBLIC HEARING AND FINAL ACTION ORDINANCES

a)    Bond Ordinance Providing an Appropriation of $400,000 for Various Park Improvements

b)    2008 Salary and Wage

c)     An Ordinance Amending Section 84-1 of the Bridgewater Township Code adding Milltown School to the Drug Free School Zone

d)    An Ordinance Amending Chapter 4 “Administrative Organization”, Article XIV Entitled “Department of Police”, Section 4-84 D, (Composition and Organization of the Police Force)

10. INTRODUCTION OF NEW ORDINANCES

a)    An Ordinance Vacating and Releasing from Dedication and Extinguishing Portions of Court Street

11. 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.

12. RESOLUTIONS

a)    Requesting Approval of the Director of the Division of Local Government Services To Establish a Dedicated Trust By Rider for Parking Offense Adjudication Pursuant To PL 1989, C.137

b)    Requesting Approval of the Director of the Division of Local Government Services To Establish a Dedicated Trust By Rider for Donations-Acceptance of Bequests and Gifts Pursuant To N.J.S.A. 40a:50-29

c)     Authorizing an Award of Contract to Paymentech, LLC and JP Morgan Chase Bank, N.A. for the Providing of an Electronic Fund Transfer System for Electronic Receipt of Certain Obligations Owed to Bridgewater Township

d)    Providing for the Insertion of a Special Item of Revenue in the 2008 Budget Pursuant to N.J.S.A. 40a:4-87 (Chapter 159, p.l. 1948) – 2008 Over the Limit Under Arrest - $5,000

e)    Providing for the Insertion of a Special Item of Revenue in the 2008 Budget Pursuant to N.J.S.A. 40a:4-87 (Chapter 159, p.l. 1948) – Fire Prevention - $37,036

f)      Award of Contract To JAK Construction Corp. t/a Diamond Construction for the Garretson Road Sidewalk Improvement Project, Phase I In the Amount of $70,050

g)    Award of Contract To Topline Construction Corp. for Craft Farm Drive Roadway Trench Settlement Repair and Simonson Lane Construction Services To Reconstruct Craft Farm Drive and Simonson Lane Roadways Which Will Correct the Settlement of the Roadway Pavement Over Utility Trench and the Resetting of Catch Basins In the Amount of $69,207.50

h)    Authorizing Payment To Bridgewater-Raritan High School for Custodial Overtime Fees

i)       Supporting the Over the Limit Under Arrest 2008 Statewide Crackdown

13. REPORTS

Clerk Report – July 2008

14. CLOSED SESSION

15. ADJOURNMENT

Revised 8/14/08

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

AUGUST 18, 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, August 18, 2008, at 7:30 p.m. in Council Chambers in the Municipal Annex, Bridgewater, New Jersey.

Council President Norgalis read the following announcement:

Notice of Meeting

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

Michael P. Hsing

Matthew C. Moench                    (absent)

Patrick Scaglione

Howard V. Norgalis

Also Present:                    James T. Naples, Township Administrator

Robert Bogart, Township Engineer

Natasha Turchan, Director of Finance

William B. Savo, Township Attorney

Linda J. Doyle, Township Clerk

Hector A. Herrera, Deputy Township Clerk

Council President Norgalis led the audience in the Pledge of Allegiance.

Minutes for Approval

On motion of Councilman Albano, seconded by Councilman Hsing, the minutes for the regular session of August 4, 2008, was approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Absent

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

The closed session minutes of August 4, 2008, was approved.

Council Reports

Councilman Scaglione reported the Somerset County 4-H Fair was a success. 

Councilman Scaglione reported Model Sporting Goods held a grand opening in Bridgewater.

Council President Norgalis reported former Bridgewater Township Democratic Chairman Paul Amitrani recently passed away.

Council President Norgalis reported he received the report of the DOT meeting concerning a concept study.  The items discussed were Route 22 median closures; Corporate Drive signal timing; Route 28 and First Ave intersection; Route 202 and First Ave intersection; and the I-287 and Route 202/206 intersection.

Council President Norgalis reported he spoke with a representative from the New Jersey League of Municipalities concerning Bridgewater Township’s recent resolution opposing an increase in State Police surcharges to defray costs of local police services.  The NJSLOM representative asked Council President Norgalis why the Township was opposed to the proposal.  Council President Norgalis informed her it was the Township Council’s view that the function of the police was to serve and protect, not to ticket and collect which in essence would just be another form of taxation.

Discussion

VOLUNTEER BENEFITS (WAIVER OF FEES)

Mr. Naples informed Council the Township received a request from the captain of the Green Knoll Rescue Squad requesting volunteer benefits (waiver of certain Township fees) be extended to siblings in the same household.  Mr. Naples indicated that Mayor Flannery was in favor of the request if it would help retain and attract new volunteer members.

Council was in consensus to have the legal department prepare an amendment to the ordinance to extend the waiver of volunteer benefits to siblings living within the household.

Council President Norgalis stated Joyce Shills, a Bridgewater resident requested in writing Council’s consideration to waive permit fees in connection with a water heater replacement in her home.  Ms. Shills also asked if the Township could reimburse her the cost of the unit in the amount of $1,100 as it was causing her financial hardship.   Council questioned whether funds could be made available through Mt. Laurel.  Mr. Savo stated Mt. Laurel funds can not be utilized in this situation due in part to the fact Ms. Shells lives in an affordable housing unit. 

Mr. Bill Savo stated he will look into this reimbursement through COAH in more detail and advise Council at a later date.

REIMBURSEMENT FOR HAZARDOUS MATERIALS CLEAN UP

Council President Norgalis advised Council of an Ordinance in Branchburg which enables the municipality or emergency service units to recover costs incurred for hazardous materials clean up.

Mr. Savo prepared a tentative draft ordinance for discussion purposes.  Mr. Savo added more research needs to be gained on how and to whom costs would be assigned.  After these concerns are clarified he will present the ordinance for further discussion.

Public Hearing and Final Action Ordinance

The Clerk read the ordinance by title:

BOND ORDINANCE PROVIDING AN APPROPRIATION OF $400,000 FOR VARIOUS PARK IMPROVEMENTS

On the motion of Councilman Albano, second of Councilman Scaglione, the meeting was opened to the public on this ordinance.

No one wished to be heard.

On motion of Councilman Albano, second of Councilman Scaglione, the public hearing was closed.

The Clerk complied with all requirements of the statute as follows:

Introduced: April 7, 2008

Posted on the Township Bulletin Board

Copies made available to the general public

Tabled: May 5, 2008 until July 21, 2008

Published in the Township Newspaper: April 12, 2008, 2008

Defeated by Council: August 18, 2008

Planning Board Referral: N/A

Supplemental Debt

Date Received: April 7, 2008

Date Endorsed: April 14, 2008

Motion:         Councilman Hsing

Second:        Councilman Albano

The vote on the forgoing resolution was as follows:

Councilman Albano                      Aye

Councilman Hsing                       Aye

Councilman Moench                    Absent

Councilman Scaglione                 Aye

Council President Norgalis           Nay

THE ORDINANCE WAS DEFEATED.

Mr. Savo explained a bond ordinance needs an affirmative vote of four members. 

Council President Norgalis felt it would be prudent to wait until the results are in on the referendum scheduled in November at the General Election which could authorize the use of 25% of open space funds for capital recreation projects.

Councilman Scaglione added Councilman Moench is absent due to his recent wedding and is away on his honeymoon.   

A copy of resolution #08-08-18-250 is appended to the official minutes

2008 SALARY AND WAGE

Councilman Albano reiterated his past comments with regard to the salary of the Administrator and stated in his opinion Council is taking an inappropriate approach on how the mayor handled the increase in his pay.

On the motion of Councilman Albano, second of Councilman Scaglione, the meeting was opened to the public on this ordinance.

No one wished to be heard.

On motion of Councilman Albano, second of Councilman Hsing, the public hearing was closed.

The Clerk complied with all requirements of the statute as follows:

Introduced: August 4, 2008

Posted on the Township Bulletin Board

Copies made available to the general public

Published in the Township Newspaper: August 8, 2008

Adopted by Council: August 18, 2008

Planning Board Referral: N/A

Supplemental Debt

Date Received: N/A

Date Endorsed: N/A

Motion:         Councilman Hsing

Second:        Councilman Scaglione

The vote on the forgoing resolution was as follows:

Councilman Albano                      Nay

Councilman Hsing                       Aye

Councilman Moench                    Absent

Councilman Scaglione                 Aye

Council President Norgalis           Aye

THE ORDINANCE WAS APPROVED.

This ordinance was discussed at length during the first reading.

A copy of resolution #08-08-18-251 is appended to the official minutes

AN ORDINANCE AMENDING SECTION 84-1 OF THE BRIDGEWATER TOWNSHIP CODE ADDING MILLTOWN SCHOOL TO THE DRUG FREE SCHOOL ZONE

On the motion of Councilman Albano, second of Councilman Scaglione, the meeting was opened to the public on this ordinance.

No one wished to be heard.

On motion of Councilman Albano, second of Councilman Hsing, the public hearing was closed.

The Clerk complied with all requirements of the statute as follows:

Introduced: August 4, 2008

Posted on the Township Bulletin Board

Copies made available to the general public

Published in the Township Newspaper: August 8, 2008

Adopted by Council: August 18, 2008

Planning Board Referral: N/A

Supplemental Debt

Date Received: N/A

Date Endorsed: N/A

Motion:         Councilman Albano

Second:        Councilman Scaglione

The vote on the forgoing resolution was as follows:

Councilman Albano                      Aye

Councilman Hsing                       Aye

Councilman Moench                    Absent

Councilman Scaglione                 Aye

Council President Norgalis           Aye

THE ORDINANCE WAS APPROVED.

A copy of resolution #08-08-18-525 is appended to the official minutes

AN ORDINANCE AMENDING CHAPTER 4 “ADMINISTRATIVE ORGANIZATION”, ARTICLE XIV ENTITLED “DEPARTMENT OF POLICE”, SECTION 4-84 D, (COMPOSITION AND ORGANIZATION OF THE POLICE FORCE)

This ordinance was discussed at length during the first reading.

On the motion of Councilman Scaglione, second of Councilman Albano, the meeting was opened to the public on this ordinance.

No one wished to be heard.

On motion of Councilman Hsing, second of Councilman Albano, the public hearing was closed.

The Clerk complied with all requirements of the statute as follows:

Introduced: August 4, 2008

Posted on the Township Bulletin Board

Copies made available to the general public

Published in the Township Newspaper: August 8, 2008

Adopted by Council: August 18, 2008

Planning Board Referral: N/A

Supplemental Debt

Date Received: N/A

Date Endorsed: N/A

Motion:         Councilman Hsing

Second:        Councilman Albano

The vote on the forgoing resolution was as follows:

Councilman Albano                      Aye

Councilman Hsing                       Aye

Councilman Moench                    Absent

Councilman Scaglione                 Aye

Council President Norgalis           Aye

THE ORDINANCE WAS APPROVED.

A copy of resolution #08-08-18-253 is appended to the official minutes.

Introduction of Ordinances

Mr. Savo stated he needed to recuse himself on this discussion due to a conflict.  Mr. Savo added the ordinance was reviewed and approved as to legal form by Larry Vastola, Planning Board attorney.

The Clerk read the ordinance by title:

ORDINANCE VACATING AND RELEASING FROM DEDICATION AND EXTINGUISHING PORTIONS OF COURT STREET SITUATED IN BRIDGEWATER TOWNSHIP, SOMERSET COUNTY, NEW JERSEY

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 4th day of September 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; and

FURTHER RESOLVED, that the Township Clerk forward this ordinance to the Bridgewater Township Planning Board for their review and recommendation.

Mr. Naples stated this ordinance vacates a paper street (unimproved street) located off North Bridge Street in the vicinity of the former Bazooka’s site

On motion of Council Scaglione, seconded by Councilman Hsing, the foregoing resolution was approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Absent

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-08-18-254 is appended to the official minutes.

Public Comment

On motion of Councilman Albano, seconded by Councilman Scaglione, the meeting was opened to the public.

Kathy Tralongo, 336 Garretson Road stated she has lived in the Township since 1973.  Ms. Tralongo asked what happened to the monies that she was told was moved into a capital fund to provide sewers to these Garretson Road residents.  She added two homeowners are in dire need for public sewers to be installed for health concerns.

Mr. Bogart stated he was never aware of money set aside for this use and will look into it further.

Alex Simon, Troop 84, stated he was at the Council meeting to address his last requirement to obtain his merit badge in order to become an Eagle Scout.

On motion of Councilman Albano, seconded by Councilman Hsing, the meeting was closed for public comment.

Resolutions

REQUESTING APPROVAL OF THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR PARKING OFFENSE ADJUDICATION PURSUANT TO PL 1989, C.137

REQUESTING APPROVAL OF THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR DONATIONS-ACCEPTANCE OF BEQUESTS AND GIFTS PURSUANT TO N.J.S.A. 40A:50-29

Ms. Turchan explained although these trust funds have been in place for years, a formal resolution needed to be prepared to be in compliance with the State Division of Local Government Services.

On motion of Councilman Albano, second by Councilman Hsing, the foregoing resolutions were approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Absent

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTIONS WERE APPROVED.

Copies of resolutions #08-08-18-255 and #08-08-18-256 are appended to the official minutes.

AUTHORIZING AN AWARD OF CONTRACT TO PAYMENTECH, LLC AND JP MORGAN CHASE BANK, N.A. FOR THE PROVIDING OF AN ELECTRONIC FUND TRANSFER SYSTEM FOR ELECTRONIC RECEIPT OF CERTAIN OBLIGATIONS OWED TO BRIDGEWATER TOWNSHIP

Ms. Turchan explained this resolution offers credit card payment over the internet.   Ms. Turchan  stated she was confident J.P. Morgan Chase Bank, N.A. will support and provide a secured service for the Township. 

A representative of J.P. Morgan Chase Bank, N.A. was available to address any questions or concerns by Council.

AWARD OF CONTRACT TO JAK CONSTRUCTION CORP. T/A DIAMOND CONSTRUCTION FOR THE GARRETSON ROAD SIDEWALK IMPROVEMENT PROJECT, PHASE I IN THE AMOUNT OF $70,050

Mr. Naples explained the Township received a grant last year to prepare an engineering study to explore safe crossing for students to school.  This award will provides construction services consisting of improvements to Garretson Road, including installation of sidewalks, flashing school crossing signs, pavement striping, top soiling, seeding, fertilizing and mulching.

AWARD OF CONTRACT TO TOPLINE CONSTRUCTION CORP. FOR CRAFT FARM DRIVE ROADWAY TRENCH SETTLEMENT REPAIR AND SIMONSON LANE CONSTRUCTION SERVICES TO RECONSTRUCT CRAFT FARM DRIVE AND SIMONSON LANE ROADWAYS WHICH WILL CORRECT THE SETTLEMENT OF THE ROADWAY PAVEMENT OVER UTILITY TRENCH AND THE RESETTING OF CATCH BASINS IN THE AMOUNT OF $69,207.50

Mr. Naples stated this is an award is to provide construction services to restore Craft Farm Drive and Simonson Lane roadways to correct the settlement of the roadway pavement over the utility trench and reset the catch basins. Mr. Bogart provided additional details explaining the severity of the street settlement over the utility trench.

On motion of Councilman Albano, second by Councilman Hsing, the foregoing resolutions were approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Absent

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTIONS WERE APPROVED.

Copies of resolutions #08-08-18-257 and #08-08-18-259 are appended to the official minutes.

PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE 2008 BUDGET PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) – 2008 OVER THE LIMIT UNDER ARREST - $5,000

Mr. Naples stated the resolution requests the Director of Local Government Services to approve the insertion of $5000. is the same amount the Township received in grant monies last year.

PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE 2008 BUDGET PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) – FIRE PREVENTION - $37,036

Mr. Naples stated Congressman Frelinghuysen was successful in receiving these grant monies through Homeland Security for a fire prevention trailer.  Mr. Norgalis noted that as a Chairman of Fire District #3 he wrote a letter in support of the grant application.

SUPPORTING THE OVER THE LIMIT UNDER ARREST 2008 STATEWIDE CRACKDOWN

Mr. Naples stated the resolution is required by the State that the Governing Body approve a resolution in support of the program.

On motion of Councilman Hsing, second by Councilman Scaglione, the foregoing resolutions were approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Absent

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTIONS WERE APPROVED.

Copies of resolutions #08-08-18-260 and #08-08-18-262 are appended to the official minutes.

AUTHORIZING PAYMENTS PURSUANT TO AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHP OF BRIDGEWATER AND THE BOARD OF EDUCATION OF THE BRIDGEWATER RARITAN REGIONAL SCHOOL DISTRICT FOR CUSTODIAL OVERTIME FEES ARISING OUT OF THE USE OF FACILTIES WITHIN THE SCHOOL DISTRICT TOTALING $33,723

Mr. Naples stated the Interlocal Agreement was approved previously and this resolution authorizes the payment.

On motion of Councilman Scaglione, second by Councilman Moench, the foregoing resolution was approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Absent

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-08-18-263 is appended to the official minutes.

Closed Session

On the motion of Councilman Albano, second of Councilman Hsing, Council convened closed session at 8:20 p.m.

BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss open space acquisition.

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 8:25 p.m.

On motion of Councilman Albano, second of Councilman Hsing, the meeting was adjourned at 8:25 p.m.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Howard Norgalis

Council President