AGENDA FOR AGENDA SESSION MEETING OF

OCTOBER 2, 2008 AT 7:30 P.M.

1.      NOTICE OF MEETING

2.      ROLL CALL

3.      PLEDGE OF ALLEGIANCE

4.      MINUTES FOR APPROVAL

Regular Session – September 15, 2008

Closed Session – September 15, 2008

5.      TOWNSHIP COUNCIL REPORTS

6.      MAYOR’S REPORT

7.      PRESENTATION

8.      DISCUSSION

9.      PUBLIC HEARING AND FINAL ACTION ORDINANCES

10. INTRODUCTION OF NEW ORDINANCES

a)     An Ordinance of the Township of Bridgewater Amending Chapter 94-3 of the Township Code Entitled Waiver of Fees to Promote Accessibility of Disabled Persons

b)     An Ordinance Amending Chapter 203 Entitled Extraneous Employment of Off-Duty Police Personnel

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)     Authorizing Execution of an Amendment to an Agreement with the Bridgewater Commons Mall

b)     Granting Municipal Consent to Fiber Technologies Networks, LLC to Install Telecommunications Facilities Along, Under and Over the Public Right of Way Within the Township

c)      Authorizing Release of Cash Bond In the Amount of $3,500 to Charles Tilford, Owner of the Property Known as 754 Peters Lane, Block 35 Lot 707 on the Township of Bridgewater Tax Map, in Connection with the Granting of a Bulk Variance  he Township Zoning Board Adjustment

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 Child Passenger Safety - $4,500

e)     Cancellation of Capital Bond Ordinances

f)       Amending Official Depositories for the Township of Bridgewater for the Year 2008

g)     Release of Minutes Closed Executive Sessions

h)     Authorizing Award of Contract, Pursuant to N.J.S.A. 40a:11-12a of the Local Public Contract Law (State Contract), to Platinum Communications (MCM Communications, Inc.) a New Jersey State Approved Contract Vendor, for the Telephone System, Materials, Equipment, Installation and Service Contract for the Township Administrative Offices, Police Facilities and Municipal Court Facilities Located In the Municipal Building Complex Being Constructed In the Sum of $205,681.50

i)        Authorizing Change of Scope No. 3 to the Professional Services Contract In the Sum of $5,000.00 for Architectural Services for the Alterations/ Additions to the Township Municipal Complex Project Increasing the Contract Price With USA Architects, Planners & Interior Designers from the Amended Price of $599,301 to $604,301

j)        Authorizing Change Order No. 6 in the Sum of $22,733.58 for the Alterations/Additions to the Township Municipal Complex Project Increasing the Contract Price from the Amended Price of $19,123,592.90 to $19,146,336.48 Which Is a 0.12% Increase

k)      Authorizing Change Order No. 7 in the Sum of $37,253.70 for the Alterations/Additions to the Township Municipal Complex Project Increasing the Contract Price from the Amended Price of $19,146,336.48 to $19,183,590.18 Which Is a 0.20% Increase

l)        Award of Contract to Desantis Construction, Inc. for the 2008 Paving and Drainage Improvements to Prospect Avenue, North of Wight, In the Amount of $143,092.39

m)   Establishing Equipment Charges Used by Off-Duty Police Personnel Pursuant to Chapter 203 of the Bridgewater Township Code

13. REPORTS

14. CLOSED SESSION

15. MOTION TO SET AGENDA

16.   ADJOURNMENT

Revised 10/1/08

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

OCTOBER 2, 2008                         COUNCIL CHAMBERS

The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in an agenda session on Thursday, October 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

Michael P. Hsing

Matthew C. Moench

Patrick Scaglione

Howard V. Norgalis

Also Present:

James T. Naples, Township Administrator

Robert Bogart, Township Engineer

Natasha Turchan, Director of Finance

Alan Grant, Township Attorney

Linda J. Doyle, Township Clerk

Hector A. Herrera, Deputy Township Clerk

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

Council President Norgalis stated the minutes from the regular session meeting of September 15, 2008, and the closed session of September 15, 2008, are on the agenda for approval.

Councilman Moench reported he and Council President Norgalis marched in the John Basilone Parade.  He added although there was inclement weather it was a fun event  Councilman Moench added John Basilone will be featured in an upcoming television program as a hometown hero.

Councilman Hsing reported he attended a community picnic at the Reformed Church on Sunday, September 14.  He added several residents asked him he bring to the attention of Council and Administration the deteriorating road condition of Bridgewater Avenue.

Councilman Hsing reported another resident asked that Council and Administration consider repair on Gilbride Road as it is also deteriorating.

Councilman Scaglione had the opportunity to contact out senator and congressman.  Congressman Frelinghuysen returned his call promptly and assured him they are looking out for our interests in Washington.

Councilman Scaglione reported he will be meeting with Mayor Flannery and Mr. Naples to further discuss COAH.  Councilman Scaglione asked Council to review the presentation created by Dan Hayes and Scarlett Doyle that clearly depicted the Township’s obligations.  He added it is critical that the Township file its Housing Fair Element Plan by the end of the year or we will suffer from Builder’s Remedy. 

Councilman Scaglione stated without the Fair Housing Element Plan filed Developer’s may seek judgments through the courts to present applications much like the Far Hills Planning Board has before it for consideration.  He added Far Hills Planning Board has an application before it to develop a 12 acre parcel opposite to the Polo Club Condominiums to build condominiums and townhouses. The developer presented the application to change the current zoning in an effort to meet Far Hills Affordable Housing obligation.  The application calls for 13 units per acre which would be 50 times denser than the current zoning. 

Councilman Albano complimented public works and engineering department for the road improvements to Hunter Road.

Council President Norgalis reported he attended the County Transportation meeting held at Vo-Tech.  He added the discussion focused on transportation issues in and around Somerset County.

Council President Norgalis reported October is Breast Cancer Awareness Month.  He attended a celebration on the steps of the Somerville Court House, he added there was a Breast Cancer Survivor who spoke and the event was well attended

Mr. Naples reported the Mayor held Local Emergency Planning Committee (LEPC) meeting on September 16, Chaired by Bob Szkodny, OEM Coordinator.

Mr. Naples reported he and the Mayor attended the Bridgewater Seniors Picnic last week.  He added it was a nice event and over 200 people attended.

Mr. Naples reported he and the Mayor also attended the Muslim Ceremony commemorating the end of Ramadan.

Mr. Naples reported Mayor Flannery, Co-Chairperson for the Mayor’s Fair Share Housing Committee for COAH held a meeting.  The Committee intends on beginning to lobby legislature to change the Fair Share Housing Act. 

Mr. Naples added the Planning Board has three subcommittees, one on Impervious Coverage, Chaired by Councilman Scaglione, another on COAH and the third subcommittee is on the Economic Development Master Plan Element.  He added all three subcommittees are merging for Planning Board action by the end of October so that the full plan including the Fair Share Housing Element can be presented to Council in November or first meting in December.

Council President Norgalis read the following Ordinance by Title:

AN ORDINANCE OF THE TOWNSHIP OF BRIDGEWATER AMENDING CHAPTER 94-3 OF THE TOWNSHIP CODE ENTITLED WAIVER OF FEES TO PROMOTE ACCESSIBILITY OF DISABLED PERSONS

Mr. Naples stated the Township Code provides that no person shall be required to pay any construction fees or municipal fees in order to secure a permit for construction or reconstruction which promotes accessibility by disabled persons. He added this ordinance broadens the scope to include no payment for third party agency fees for a disabled persons, parents or sibling of a disabled person living in the same residential unit where the work is performed to specifically promote accessibility.

Councilman Moench requested the definition of disabled person be reviewed for consistency.

Council President Norgalis read the following Ordinance by Title:

AN ORDINANCE AMENDING CHAPTER 203 ENTITLED EXTRANEOUS EMPLOYMENT OF OFF-DUTY POLICE PERSONNEL

Mr. Naples stated the Police Department asked that the indemnity clause be removed from the existing extraneous employment ordinance.  Mr. Naples added he posed this request to Somerset County JIF and Jaime Rick, Insurance Risk Manager who have confirmed this is covered by existing policies including the Workmen’s Compensation and Employees Liability Policies.

Secondly, Mr. Naples stated the Finance Officer has requested the Township establish an escrow account to pay the off-duty police personnel.

Ms. Turchan and Council further discussed that the escrow monies would be collected in advance by the private employer and deposited into an account entitled ”Police Outside Services”  before work commences.

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

Boris Lubachevsky, 109 Milltown Road, addressed Council with his concerns for air pollution.  Mr. Lubachevsky stated he has issues with his neighbor’s BBQ and opposes any sort of outdoor burn activity.  His opposition includes both BBQ’s and campfires both of which are specifically not prohibited by ordinance.

Albert Santelli, Boy Scout Troop 46, addressed Council and introduced his mother Joanne.  He added he was in attendance as a requirement for his Communication badge.

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

Council President Norgalis read the following resolutions by Title:

AUTHORIZING EXECUTION OF AN AMENDMENT TO AN AGREEMENT WITH THE BRIDGEWATER COMMONS MALL

Mr. Grant stated the Fifth Amendment and Memorandum Agreement provides  Bridgewater Commons Mall an extension of two years for substantial completion of construction of the 8,534 sq. ft. portion of Phase 1 expansion dedicated to the Cheesecake Factory project. 

Mr. Naples and Council further discussed that in consideration of said extension the redeveloper has agreed to pay the affordable housing fee for new construction set forth in the State Wide Non-Residential Fee Act, calculated at 2.5% of the increase to the equalized assessed value.

Elizabeth Eaton, Esq. of the Conell Foley firm provided Council an update on the inclusions for the Fifth Amendment and stated the Amendment does not effect the exiting participation in rent.

GRANTING MUNICIPAL CONSENT TO FIBER TECHNOLOGIES NETWORKS, LLC TO INSTALL TELECOMMUNICATIONS FACILITIES ALONG, UNDER AND OVER THE PUBLIC RIGHT OF WAY WITHIN THE TOWNSHIP

Mr. Naples explained Fiber Technologies has requested consent of the Township of Bridgewater to occupy public rights-of-way within the Township for the purpose of constructing, installing, operating, repairing and maintaining a telecommunication system.

AUTHORIZING RELEASE OF CASH BOND IN THE AMOUNT OF $3,500 TO CHARLES TILFORD, OWNER OF PROPERTY KNOWN AS BLOCK 35 LOT 707 ON THE TOWNSHIP OF BRIDGEWATER TAX MAP, IN CONNECTION WITH THE GRANTING OF A BULK VARIANCE BY THE TOWNSHIP ZONING BOARD ADJUSTMENT

Mr. Bogart stated the installation of the required landscaping improvements have been completed and recommends the cash bond be returned to Charles Tilford.

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 CHILD PASSENGER SAFETY - $4,500

Mr. Naples stated the above program affords the Police Department the opportunity to conduct seminars on Child Safety and Child Safety car seats.

Councilman Moench asked how the program is advertised.

Councilman Scaglione complimented the Police Department on the program and stated stores such as “Babies R Us” advertise the program and hundreds of people attend the seminars. 

Council President Norgalis added the Police Department offers an opportunity for parents to have their Child Safety seats checked to ensure they have been installed properly by simply contacting the police dept. for an appointment.

CANCELLATION OF CAPITAL BOND ORDINANCES

Ms. Turchan stated she is requesting the formal cancellation of certain bond ordinances and balances so that the unexpended balances may be returned to each respective Capital improvement Fund or credited to Surplus, and any unused debt may be cancelled.  Ms Turchan shared her expectations of capital funding for the Municipal Complex based in light of the crisis in the financial industries.  Ms. Turchan explained the Township’s next borrowing cycle will be $10M in March, 2009, and feels the financial industry will be a more stable market at that time.

AMENDING OFFICIAL DEPOSITORIES FOR THE TOWNSHIP OF BRIDGEWATER FOR THE YEAR 2008

Ms. Turchan requested PNC Bank be added to the Township’s Cash Management plan as an additional depository.  Mr. Naples added PNC has offered a higher percentage rate of interest and offered free over the counter credit card transactions.

RELEASE OF MINUTES CLOSED EXECUTIVE SESSIONS

Mr. Grant said he spoke with Bill Savo who confirmed release of said list would not compromise any ongoing litigation or concerns. 

Council asked that any on-going issues be removed from the resolution.  Council was in consensus they would review the list thoroughly and advise of any closed session minutes to be removed on Monday.

AUTHORIZING AWARD OF CONTRACT, PURSUANT TO N.J.S.A. 40A:11-12A OF THE LOCAL PUBLIC CONTRACT LAW (STATE CONTRACT), TO PLATINUM COMMUNICATIONS (MCM COMMUNICATIONS, INC.) A NEW JERSEY STATE APPROVED CONTRACT VENDOR, FOR THE TELEPHONE SYSTEM, MATERIALS, EQUIPMENT, INSTALLATION AND SERVICE CONTRACT FOR THE TOWNSHIP ADMINISTRATIVE OFFICES, POLICE FACILITIES AND MUNICIPAL COURT FACILITIES LOCATED IN THE MUNICIPAL BUILDING COMPLEX BEING CONSTRUCTED IN THE SUM OF $205,681.50

Mr. Naples stated this system will replace the antiquated Municipal System and Police System.   Mr. Naples added the Township has a Technology Consultant who had reviewed in depth the contract and recommended the State Contract be awarded to Platinum Communications.  Mr. Naples added the money the Township will use to fund this system reusing the remainder of the monies allocated for furniture as well as a portion from the contingency fund. He added the price includes the actual number of telephone sets (105), including four expandable digital phone sets for dispatch, 24 additional licenses and a year of support.

Two representatives from Platinum Communications attended the meeting and gave a brief review on the system and its capabilities moving forward.

Council and Administration discussed the specific details in each of the following Change Orders for the construction of the Municipal Complex in depth.

AUTHORIZING CHANGE OF SCOPE NO. 3 TO THE PROFESSIONAL SERVICES CONTRACT IN THE SUM OF $5,000.00 FOR ARCHITECTURAL SERVICES FOR THE ALTERATIONS/ ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT INCREASING THE CONTRACT PRICE WITH USA ARCHITECTS, PLANNERS & INTERIOR DESIGNERS FROM THE AMENDED PRICE OF $599,301 TO $604,301

Mr. Naples stated the Architect requested and the Director of Municipal Services/Township Engineer recommended that Change of Scope No. 3 be processed at this time for the preparation of building foundation plans for the construction of a pre-cast concrete Communication Building for the Police radio equipment.  Plans will be prepared to obtain building permits and for construction, including foundation plans, electrical drawings.

Mr. Naples stated the structure was undetermined at the time of the original contract.  He added it has since been clarified and will require foundation and electrical design by the Architect.  The Council expressed some concern that this issue was not addressed in the original plan.

Council President Norgalis read by title resolution 12K because it is related to the Change order No. 3 listed above.

AUTHORIZING CHANGE ORDER NO. 7 IN THE SUM OF $37,253.70 FOR THE ALTERATIONS/ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT INCREASING THE CONTRACT PRICE FROM THE AMENDED PRICE OF $19,146,336.48 TO $19,183,590.18 WHICH IS A 0.20% INCREASE

Mr. Naples stated Patock Construction requested and USA Architects and Gilbane Building Company recommended that Change Order No. 7 be processed at this time for Supplemental Item for a Pre-fabricated Concrete Building to house the Police Radio Equipment.  He added the structure will be located behind the Animal Shelter. 

AUTHORIZING CHANGE ORDER NO. 6 IN THE SUM OF $22,733.58 FOR THE ALTERATIONS/ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT INCREASING THE CONTRACT PRICE FROM THE AMENDED PRICE OF $19,123,592.90 TO $19,146,336.48 WHICH IS A 0.12% INCREASE

Mr. Naples stated Patock Construction requested and USA Architects and Gilbane Building Company recommended that Change Order No. 6 be processed at this time for Supplemental Items related to modification to Engineering and Planning Departments, Police Locker Room, firewalls and shower areas in both Police Locker rooms.

Mr. Naples stated these changes are based on reconfiguring some of the offices to best meet the needs of the Engineering and Planning Departments.  He added the Police recommended an additional door between the locker room and the storage, the metal framing in lieu of the firing strips are recommended by the Architect. 

Mr. Naples added modifications to shower stalls in the mens’ and womens’ locker rooms were necessary as the original units ordered did not conform to the space allocated in the original design.  Mr. Naples added the change order is necessary to pay Patock Construction to install, however the Township will charge back $8,067.30 to the Design Engineer for the miscalculation in size.

Council was in consensus they would like to see the formal written credit of $8.067.30 reflected in the Architects contract.

Councilman Hsing asked about the internal process for initiating and processing change orders.  Councilman Hsing raised concerns with tracking and documenting the initial process prior to presenting change order’s to Council.  Councilman Hsing requested Administration provide a change control form to identify the originator, reason and review in investment and an impact analysis.

Mr. Naples and Mr. Bogart detailed the documents that Administration provides Council for review of each change order. 

Council President Norgalis polled Council to determine whether they were satisfied with the level of documentation provided by Administration to determine the need for change orders on the Municipal Complex construction project.

Council at large was satisfied with the level of documentation provided by Administration.

AWARD OF CONTRACT TO DESANTIS CONSTRUCTION, INC. FOR THE 2008 PAVING AND DRAINAGE IMPROVEMENTS TO PROSPECT AVENUE, NORTH OF WIGHT, IN THE AMOUNT OF $143,092.39

Mr. Naples explained the project will provide construction services for the repaving of approximately 700 linear feet of Prospect Avenue starting at Wight Street and running north, and includes areas of full depth pavement repair; improvements to the roadside storm drainage system consisting of the installation of storm water inlets and reinforced concrete pipe (RCP); and site restoration. 

ESTABLISHING EQUIPMENT CHARGES USED BY OFF-DUTY POLICE PERSONNEL PURSUANT TO CHAPTER 203 OF THE BRIDGEWATER TOWNSHIP CODE

Mr. Naples stated at Council’s request, Administration has reviewed and recommends a $5 per hour gas fee surcharge in addition to the use of vehicles and administrative fees.

On motion of Councilman Albano, second of Councilman Hsing, the agenda was set for the meeting on October 6, 2008.  

On motion of Councilman Albano, second of Councilman Scaglione, the meeting was adjourned at 8:58 pm.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Howard Norgalis

Council President