Meeting Minutes From: 10/20/2008

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 20, 2008 AT 7:30 P.M.


1.      NOTICE OF MEETING

2.      ROLL CALL

3.      PLEDGE OF ALLEGIANCE

4.      MINUTES FOR APPROVAL

Agenda Session – October 2, 2008

Agenda Session – October 6, 2008

Closed Session – October 6, 2008

5.      TOWNSHIP COUNCIL REPORTS

6.      MAYOR’S REPORT

7.      PRESENTATION

8.      DISCUSSION

a)     Public Questions (10/16)

b)     Planning Board Sub Committee for COAH (10/20)

9.      PUBLIC HEARING AND FINAL ACTION 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

10. INTRODUCTION OF NEW ORDINANCES

a)     Amending Chapter 126, Land Use, Section 206-46, Schedule XVIII, Entitled “Crosswalks”

b)     Amending Chapter 126, Land Use, Section 126-258, Entitled “Performance Guarantees”

c)      Vacating and Releasing from Dedication and Extinguishing Portions of Ronson Road

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)     Cancellation of Tax Sale Certificate No. 3841 On Block 570, Lot 1 - Brunswick Avenue and Block 577, Lot 15.01 – Dunellen Avenue Property Acquired and Now Owned by the Township Of Bridgewater

b)     Authorizing the Award of Contract to Oxford Engineering Company for the Former Bridgewater Township Public Works Garage Site Remedial Action Improvement Project in the Amount $284,125 as Part of the Municipal Complex Construction

c)      Authorizing Execution of a Developer’s Agreement between the Township of Bridgewater And Evangel Chapel Located At 505 Easton Turnpike (aka Route 28), Bridgewater

d)     Place-to-Place Liquor License Transfer (Extension of Premise) Marriott Hotel Located at 700 Commons Way, Bridgewater

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) - 2008 Youth Services $5,000

f)       Authorizing Fireworks Display to be Held by the American Diabetes Association at the Commerce Bank Ball Park on October 25, 2008

g)     Waiver of Fireworks Display Fee In the Amount of $300 for American Diabetes Association for the STEP OUT Walk to Fight Diabetes Fireworks Display Held on October 25, 2008

h)     Waiver of Fire Permit Fee in the Amount of $50 for the Bridgewater Seniors Council for its Hindu New Year Celebration at the Bridgewater-Raritan Middle School on October 25, 2008

13. REPORTS

Clerk Report – September 2008

14. CLOSED SESSION

15.   ADJOURNMENT

Revised 10/17/08

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

OCTOBER 20, 2008                       COUNCIL CHAMBERS

The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in an agenda session on Monday, October 20, 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:                        Patricia Flannery, Mayor

James T. Naples, Township Administrator

Thomas Forsythe, Township Engineer

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, second by Councilman Scaglione, the minutes for the October 2 agenda session and October 6, 2008, regular session were 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 October 6, 2008, were approved.

Council Reports

Council President Norgalis reported the Township’s Yard Waste Facility was open on Saturday, October 18.  He stated there were many elected officials present, including Senators Lance and Freeholders Zaborowski and Palmer.

Council President Norgalis advised other Council members of two resignations on Township committees: James Laubach of the Creative Arts Committee can no longer participate due to health issues and Nancy Weaver, alternate for the Somerset County Animal Shelter requested to vacate her position because of work conflicts.

Council President mentioned an e-mail sent from Alma Blodgett regarding an issue with their home in Martinsville.  He added the Blodgett’s gave him a packet concerning information on echo housing.  Council President stated he gave the packet to Mr. Naples and offered the Blodgett’s to speak with Scarlett Doyle, Township Planner.

Mayor’s

Report

Mayor Flannery reported she and Councilman Moench attended the Mayor’s Wellness Breakfast held at the Senior Center.  The breakfast raised $1,600, which was donated to the Somerset County Food Bank.

Mayor Flannery reported the Police Department hosted its second annual Blue Mass, through the diocese of Metuchen at St. Bernard’s Church.

Mayor Flannery reported the Township Monument Committee has been meeting to plan the design for the new Municipal Complex monument.  It will be constructed during the second phase.  The design includes a semi-circular wall depicting the Townships’ history and plantings.

Mayor Flannery attended the Regional Annual Meeting of Alliance, which is the retail shopping and apartment owners’ seminar.  Mayor Flannery stated she was part of a panel that included members of the Fair Share Housing Institute, NJ Future and an Attorney for Developer’s.  She added they discussed COAH and, although she anticipated the audience may oppose her views because many were developers, applauded and thanked her for her participation.

Mayor Flannery stated she will be leaving the meeting promptly at 8:15 p.m. this evening to attend the Baseball Board Meeting to discuss the Open Space referendum with there members.

Discussion

Dan Hayes presented Council a presentation on current COAH Activity.  The presentation was prepared by him and members of the Bridgewater Township Planning Board.  The presentation objectives included an update for Council on Planning Board strategies and activities.  The presentation provided a preview on requirements set forth in the third round regulations from the Council of Affordable Housing and the Township’s obligations to be compliant.  Mr. Hayes outlined the schedule and timelines for the Planning Board to present to Council a process to implement and approve the Fair Share Housing Element Plan by years end. 

Mayor Flannery left the meeting at 8:25 p.m.

Public Hearing and Final Action Ordinances

The Clerk read the 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 purpose of this ordinance is to extend the waiver of third-party agency fees for electrical and building for establishing disability access on residential property.

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: October 6, 2008

Posted on the Township Bulletin Board

Copies made available to the general public

Published in the Township Newspaper: October 11, 2008

Planning Board Referral:

Supplemental Debt

Date Received: N/A

Date Endorsed: N/A

Motion:           Councilman Scaglione

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 #08-10-20-301 is appended to the official minutes

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

Mr. Naples stated the indemnity clause was removed as it was no longer applicable.  Stronger language was incorporated on escrow requirements for outside entities.

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: October 6, 2008

Posted on the Township Bulletin Board

Copies made available to the general public

Published in the Township Newspaper: October 11, 2008

Planning Board Referral:

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                          Absent

Councilman Moench                      Aye

Councilman Scaglione                  Aye

Council President Norgalis                        Aye

THE ORDINANCE WAS APPROVED.

A copy of resolution #08-10-20-302 is appended to the official minutes.

Introduction of Ordinances

The Clerk read the following ordinances for Introduction by Title:

AMENDING CHAPTER 126, LAND USE, SECTION 206-46, SCHEDULE XVIII, ENTITLED “CROSSWALKS”

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 17th day of November 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.

Mr. Naples stated this ordinance is required by the NJ DEP to add a crosswalk from the Bridgewater-Raritan High School to the YMCA, and also defines the old existing crosswalk as required by ordinance.

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 #08-10-20-303 is appended to the official minutes

AMENDING CHAPTER 126, LAND USE, SECTION 126-258, ENTITLED “PERFORMANCE GUARANTEES”

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 17th day of November 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.

Mr. Naples stated this ordinance authorizes the Director of Municipal Services to release performance guarantees up to $5,000.  Mr. Naples stated this ordinance would save the cost of legal review for several applicants.  Mr. Naples added Administration will provide Council quarterly reports on all performance bonds released

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 #08-10-20-304 is appended to the official minutes.

VACATING AND RELEASING FROM DEDICATION AND EXTINGUISHING PORTIONS OF RONSON ROAD

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 17th day of November 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.

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

Mr. Naples and Council discussed the proposal to vacate portions of Ronson Road subject to the three conditions as follows:

1.                  An access easement for future NJDOT signal work be allowed.

2.                  An  emergency access is available

3.                   A public turnaround still exists. +

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 #08-10-20-305 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 speak and the public portion was closed.

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

Resolutions

The Clerk read the following resolutions by Title:

CANCELLATION OF TAX SALE CERTIFICATE NO. 3841 ON BLOCK 570, LOT 1 - BRUNSWICK AVENUE AND BLOCK 577, LOT 15.01 – DUNELLEN AVENUE PROPERTY ACQUIRED AND NOW OWNED BY THE TOWNSHIP OF BRIDGEWATER

Mr. Savo stated this resolution clears the title.

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 #08-10-20-306 is appended to the official minutes.

PLACE-TO-PLACE LIQUOR LICENSE TRANSFER (EXTENSION OF PREMISE) MARRIOTT HOTEL LOCATED AT 700 COMMONS WAY, BRIDGEWATER

Council President Norgalis stated the resolution was reviewed by legal but there was further clarification needed in the language.

On motion of Councilman Albano, the foregoing resolution was tabled to the October 30, 2008, meeting.  The vote was as follows:

Councilman Albano                                                Aye

Councilman Hsing                                      Aye

Councilman Moench                                  Absent

Councilman Scaglione                              Aye

Council President Norgalis                                    Aye

THE RESOLUTION WAS TABLED.

Councilman Albano offered the following resolutions have been discussed at length during the agenda session and offered they be considered for action in a consent vote.

Council was in consensus to vote the resolutions in consent.

AUTHORIZING THE AWARD OF CONTRACT TO OXFORD ENGINEERING COMPANY FOR THE FORMER BRIDGEWATER TOWNSHIP PUBLIC WORKS GARAGE SITE REMEDIAL ACTION IMPROVEMENT PROJECT IN THE AMOUNT $284,125 AS PART OF THE MUNICIPAL COMPLEX CONSTRUCTION

AUTHORIZING EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND EVANGEL CHAPEL LOCATED AT 505 EASTON TURNPIKE (AKA ROUTE 28), BRIDGEWATER

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 YOUTH SERVICES $5,000

AUTHORIZING FIREWORKS DISPLAY TO BE HELD BY THE AMERICAN DIABETES ASSOCIATION AT THE COMMERCE BANK BALL PARK ON OCTOBER 25, 2008

WAIVER OF FIREWORKS DISPLAY FEE IN THE AMOUNT OF $300 FOR AMERICAN DIABETES ASSOCIATION FOR THE STEP OUT WALK TO FIGHT DIABETES FIREWORKS DISPLAY HELD ON OCTOBER 25, 2008

WAIVER OF FIRE PERMIT FEE IN THE AMOUNT OF $50 FOR THE BRIDGEWATER SENIORS COUNCIL FOR ITS HINDU NEW YEAR CELEBRATION AT THE BRIDGEWATER-RARITAN MIDDLE SCHOOL ON OCTOBER 25, 2008

On motion of Councilman Albano, 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 #08-10-20-307 and #08-10-20-312 are appended to the official minutes.

On motion of Councilman Albano, second of Councilman Scaglione, the meeting was adjourned at 8:30 p.m.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Howard Norgalis

Council President