Meeting Minutes From: 10/6/2008

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

OCTOBER 6, 2008 AT 7:30 P.M.

 

1.      NOTICE OF MEETING

2.      ROLL CALL

3.      PLEDGE OF ALLEGIANCE

4.      MINUTES FOR APPROVAL

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.   ADJOURNMENT

Revised 10/3/08

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

OCTOBER 6, 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, October 6, 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

William 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

Council President Norgalis stated the minutes were approved at the October 2 agenda meeting.

Council Reports

Councilman Norgalis reported there was an article in the Courier News newspaper concerning the Martinsville Community Center regarding the State of New Jersey taking the owner to court.

Councilman Norgalis reported October is Fire Safety Month.  He reminded everyone to replace the batteries in their smoke and carbon monoxide detectors and to have an emergency evacuation plan.

Mayor’s Report

Mr. Naples reported mayor Flannery participated in the American Heart Association Walk held in Bradley Gardens over the weekend.

Introduction of Ordinances

The Clerk 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 this ordinance expands waiver of third-party fees for residential improvement for disability access.

Council President Norgalis noted the definition of a disabled person was reviewed for consistency.

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 20th day of October 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.

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

On motion of Councilman Scaglione, second 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 #08-10-06-284 is appended to the official minutes.

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

Mr. Naples stated this was for the elimination of the indemnity clause, found to be redundant with current Township policies, and the addition of language for payment with an added escrow account for the Township.

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 20th day of October 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.

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

On motion of Councilman Hsing, second by Councilman Scaglione, 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 #08-10-06-285 is appended to the official minutes.

Public Comment

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

No one wished to be heard.

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

Resolutions

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

Mr. Savo stated there have been a long series of amendments and agreements over time.  This amendment is regarding the amount of time in which the mall was going to have to complete improvements.  One of the improvements included the construction of a new restaurant, The Cheesecake Factory.  This addition was supposed to be completed by the end of 2008, however, has been slowed due to delays in getting approvals.  Mr. Savo stated there are other facilities that are going to also need an extension.

Based upon comments raised by Councilman Albano, Mr. Savo informed Council this amended start date will not affect the start date for the rent overages.

Mr. Savo and Council discussed how New Jersey Assembly 8500, which requires all non residential development (with certain exceptions) to pay a 2.5% fee, would affect this expansion and further expansions.

On motion of Councilman Scaglione, second 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 #08-10-06-286 is appended to the official minutes.

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 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.  He stated that because the Township does not charge other companies to use it, the Township could not charge Fiber Technologies.

On motion of Councilman Hsing, second by Councilman Albano, 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 #08-10-06-287 is appended to the official minutes.

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. Naples stated this cash bond was for landscaping improvements and restoration of Peters Lane.

On motion of Councilman Hsing, second by Councilman Albano, 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 #08-10-06-288 is 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 CHILD PASSENGER SAFETY - $4,500

CANCELLATION OF CAPITAL BOND ORDINANCES

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

Mr. Naples stated child passenger safety grant increased from $3,000 in 2007 to $4,500 for 2008.

Mr. Naples stated the CANCELLATION OF CAPITAL BOND ORDINANCES resolution was to close out of existing projects that were funded or unfunded.

Mr. Naples stated Bridgewater Township was adding PNC Bank to its official depositories.

On motion of Councilman Hsing, second by Councilman Albano, 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 WAS APPROVED.

A copy of resolutions #08-10-06-289; #08-10-06-290; and #08-10-06-291 are appended to the official minutes.

RELEASE OF MINUTES CLOSED EXECUTIVE SESSIONS

Mr. Savo stated there was no information in these minutes that was prejudicial to any ongoing litigation. 

On motion of Councilman Hsing, second by Councilman Albano, 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 #08-10-06-292 is appended to the official minutes.

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 was for the purchase of a new telephone system for the new municipal complex, including the police, court and administration sections.  He stated this system will incorporate portions of the existing system for a savings.

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                                  Absent

Councilman Scaglione                               Aye

Council President Norgalis                         Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-10-06-293 is appended to the official minutes.

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

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. Napes stated he clarified for Council the type of communication building and where it was going to be located in relation for to the radio tower.  He indicated Change of Scope 3 was for USA Architects to provide foundation plans and electrical drawings. 

Mr. Napes stated Change Order 7 was for the actual Pre-fabricated Concrete Building to house the Police Radio Equipment.

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 WAS APPROVED.

A copy of resolutions #08-10-06-294 and #08-10-06-295 are appended to the official minutes.

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

Mark Coan of USA Architects was available to answer Council’s questions regarding this change order for modifications to the Engineering and Planning Departments, Police Locker Room, firewalls, and shower areas in both Police Locker rooms.

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                                  Absent

Councilman Scaglione                               Aye

Council President Norgalis                         Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-10-06-296 is appended to the official minutes.

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 stated there were five builders for this drainage and road improvement project. 

On motion of Councilman Hsing, second by Councilman Albano, 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 #08-10-06-297 is appended to the official minutes.

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

Mr. Naples stated this resolution will add a $5 fuel surcharge in addition to the $5 use for police cars and 11% administration fee.

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                                Absent

Councilman Scaglione                             Aye

Council President Norgalis                       Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-10-06-298 is appended to the official minutes.

Closed Session

On the motion of Councilman Albano, second of Councilman Hsing, Council convened closed session at 7:56 p.m.

BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss contract negotiations and litigation.

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 Scaglione, Council reconvened in open session at 8:13 p.m.

On motion of Councilman Albano, second of Councilman Hsing, the meeting was adjourned at 8:13 pm.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Howard Norgalis

Council President