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 AGENDA SESSION MEETING OF

NOVEMBER 13, 2008 AT 7:30 P.M.

1.      NOTICE OF MEETING

2.      ROLL CALL

3.      PLEDGE OF ALLEGIANCE

4.      MINUTES FOR APPROVAL

Regular Session – October 30, 2008

5.      TOWNSHIP COUNCIL REPORTS

6.      MAYOR’S REPORT

7.      PRESENTATION

8.      DISCUSSION

9.      PUBLIC HEARING AND FINAL ACTION 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

10. INTRODUCTION OF NEW ORDINANCES

a)     Amending Chapter 20 (Open Space Advisory Committee) of the Municipal Code so as to Modify Section 20-6 (Utilization of the Land) to Include the Utilization of Open Space Trust Fund Monies for the Development of Lands Acquired for Recreation and Conservation Purposes Pursuant to N.J.S.A. 40:12-15.7 (C)

b)     Amending Chapter 94 (Fees)  Section 94-2 Entitled “Schedule of Fees,” Subsection B Entitled “Township Clerk’s Office and Public Records,” Subsection (4) Entitled “Copies of Public Records,” Provision B of the Municipal Code for the Purpose of Changing the Required Fee for Providing Information on Data or Audio Disk to that Sum Which  Reflects the Actual Cost of Duplicating the Government Record

c)      Amending Chapter 126.341.2 Entitled “Lower Income Housing,” of the Municipal Code so as to Add a Section, Entitled “Extension of Affordability Controls”

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)     Providing for the Insertion of a Special Item of Revenue in the 2008 Budget Pursuant to N.J.S.A. 40A:4-87 - 2008 Youth Athletic Recreation - $15,000

b)     Providing for the Insertion of a Special Item of Revenue in the 2008 Budget Pursuant to N.J.S.A. 40A:4-87 - 2008 CDBG Youth - $13,734

c)      Authorizing Execution of a Shared Services Agreement, Pursuant to N.J.S.A. 40a:65-1 Et. Seq., the Uniform Shared Services and Consolidation Act, with the Township of Bridgewater, the Other Remaining 18 Municipalities within Somerset County and the Somerset County Prosecutor’s Office and the Somerset County Sheriff’s Department so as to Provide or Receive Mutual Police Aid Services Between and Among the Parties

d)     Cancellation of Tax and Sewer Overpayment for 2004 and Prior Years

e)     Authorizing the Final Change Order, Release of Performance Bond, Acceptance of Maintenance Bond and Acceptance of the Road Improvements to Long Road Project

f)       Authorizing Change Order No. 9 in the Sum of $67,296.89 for the Alterations/Additions to the Township Municipal Complex Project Increasing the Contract Price from the Amended Price of $19,242,503.04 to $19,309,799.93 which is a 0.35% Increase

g)     Authorizing Change of Scope No. 4 to the Professional Services Contract Decreasing the Contract Price by the Sum of $8,067.30 for Architectural Services for the Alterations/ Additions to the Township Municipal Complex Project Decreasing the Contract Price with USA Architects, Planners & Interior Designers from the Price of $604,301 to $596,233.70 (the Original Contract Price - $561,916)

h)     Authorizing Award of Professional Environmental Engineering Services Contract to Environmental Alliance for Remedial Action Work Plan Implementation & Subsurface Environmental Site Investigation and Inspection Services for the Public Works Garage Remedial

13. REPORTS

Clerk Report – October 2008

14. CLOSED SESSION

15.   SET AGENDA

16.   ADJOURNMENT

Revised 11/10/08

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

NOVEMBER 13, 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, November 13, 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     (absent)

Michael P. Hsing     (absent)

Matthew C. Moench

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.

Council President Norgalis stated the minutes from the regular session meeting of October 30, 2008; are on the agenda for approval.

Councilman Moench reported he together with other Council members attended the Planning Board Joint Meeting on Tuesday, November 11.  He added the presentation was informative and he looks forward to the Planning Board preparing the revisions to be reviewed and considered for adoption by Council. Councilman Moench recognized Dan Hayes and Joanne Kane for presenting the power point which was not only informative but understandable to the general public as well.

Councilman Scaglione reported the Planning Board, Mayor and Sub-committee have prepared an excellent COAH Plan.  Councilman Scaglione stated not only does the plan meet the moral obligations of the Township but also considers the legal requirements as set forth by COAH for the third round.

Council President Norgalis reported he attended together with Mayor Flannery a public design workshop sponsored by Somerset County on November 5^th, to discuss walking and biking. Council Presidents Norgalis added the meeting was well received and they broke into smaller groups to further discuss the needs and offerings of various Townships’ and Borough’s.

Council President Norgalis attended the Council and Planning Board Joint Session on November 11, to further define certain elements of the Housing Fair Share Plan.  He added the consensus to date is to increase the impervious coverage in the R-40 and R50 zones from 15% to 18%.

Council President Norgalis reported he and Councilman Moench attended the Departmental Budget Sessions with Administration.  He added the sessions were informative and provided information to determine the expectations within the 2009 Municipal Budget.   Council President Norgalis referenced the reduction in force letter that was sent to all employees by Administration.  He added in his opinion, putting all employees on notice was the right thing to do. He added hopefully the Township will not need to reduce staffing but it’s important for all employees to be made aware of the critical times before us.

Mr. Naples reported he, Mayor Flannery, Chief Borden, several members of the Police Department and the Police Honor Guard attended the Veteran’s Day Cremony held at Chimney Rock Park.  He added later that day, Mayor Flannery attended a Veteran’s Day Awareness Ceremony at Sanofi which promoted ways to help Veterans within the community.

Mr. Naples reported he and Mayor Flannery attended the Somerset Business Partnership Legislative Update Meeting.  Mr. Naples added DOT Commissioner Kalluri was called away, however he did speak through conference call and extended to Mayor Flannery he would turn her request to continue the Route 22 safety road improvements over to his replacement Deputy Commissioner Steven Dilts.

AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF BRIDGEWATER, COUNTY OF SOMERSET, STATE OF NEW JERSEY, CHAPTER 126, LAND USE, SECTION 206-46, SCHEDULE XVIII, ENTITLED “CROSSWALKS”

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

AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF BRIDGEWATER, COUNTY OF SOMERSET, STATE OF NEW JERSEY, CHAPTER 126, LAND USE, SECTION 126-258, ENTITLED “PERFORMANCE GUARANTEES”

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.

Councilman Scaglione stated residents that want to make small improvements to their properties must provide a performance bond and are burdened by these additional costs.

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

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.

Council President Norgalis read the ordinance by title:

AMENDING CHAPTER 20 (OPEN SPACE ADVISORY COMMITTEE) OF THE MUNICIPAL CODE SO AS TO MODIFY SECTION 20-6 (UTILIZATION OF THE LAND) TO INCLUDE THE UTILIZATION OF OPEN SPACE TRUST FUND MONIES FOR THE DEVELOPMENT OF LANDS ACQUIRED FOR RECREATION AND CONSERVATION PURPOSES PURSUANT TO N.J.S.A. 40:12-15.7 (C)

Mr. Naples stated this ordinance is to codify the terms as set forth in the approved Open Space Referendum question passed on November 4, to use up to 25% of the trust fund for improvements to Open Space facilities for recreation.

Councilman Scaglione asked to clarify the exact intent of the wording in the interpretive statement.

William Savo stated the referendum was successful and authorizes the Township the use of 25% of monies for development of lands acquired for Open Space recreation purposes as permitted by statute.  He clarified any piece of Open Space or recreation.

Council President Norgalis made clear use of the 25% amount is on a going forward net balance.

Council President Norgalis read the ordinance by title:

AMENDING CHAPTER 94 (FEES) SECTION 94-2 ENTITLED “SCHEDULE OF FEES,” SUBSECTION B ENTITLED “TOWNSHIP CLERK’S OFFICE AND PUBLIC RECORDS,” SUBSECTION (4) ENTITLED “COPIES OF PUBLIC RECORDS,” PROVISION B OF THE MUNICIPAL CODE FOR THE PURPOSE OF CHANGING THE REQUIRED FEE FOR PROVIDING INFORMATION ON DATA OR AUDIO DISC TO THAT SUM WHICH REFLECTS THE ACTUAL COST OF DUPLICATING THE GOVERNMENT RECORD

Mr. Savo reminded Council the Township has a complaint pending before the Government Records Council (GRC) from a requestor opposed to paying the $5 fee for a disc.  Mr. Savo stated the $5 charge for a disc had been in place for years.  Mr. Savo said a decision had been made by the GRC to charge the actual charge and or cost of material.   Mr. Savo noted in the case pending the Township, the requestor was offered to have the material e-mailed to him and he denied having the material sent in that medium, thus he paid $5 or the disc.

Council President Norgalis read the ordinance by title:

AMENDING CHAPTER 126.341.2 ENTITLED “LOWER INCOME HOUSING,” OF THE MUNICIPAL CODE SO AS TO ADD A SECTION, ENTITLED “EXTENSION OF AFFORDABILITY CONTROLS”

Mr. Naples stated this is a critical part of the Township’s Housing and Fair Share Plan.  Mr. Naples deferred to Mr. Savo to further explain.  He added this affords the Township an additional 148 units.  Mr. Savo stated the Township has spent a lot of time identifying techniques to comply with the regulations at the same time minimizing the impact to the tax payers of Bridgewater.   Mr. Savo explained after adoption of the ordinance he will prepare a resolution to be considered by Council to include into the Township’s Housing and Fair Share Element Plan.

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

No one wished to speak.

On motion of Councilman Scaglione, seconded by Councilman Moench, the meeting was closed for public comment.

Council President Norgalis read the following resolutions by Title:

PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE 2008 BUDGET PURSUANT TO N.J.S.A. 40A:4-87 - 2008 YOUTH ATHLETIC RECREATION - $15,000

Mr. Naples said the Township was recently awarded $15,000 from the Youth Athletic grant from Somerset County.  He added the money will be used to improve the existing lighting (replacing the ballasts) at the North Bridge Park specifically the middle field.

PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE 2008 BUDGET PURSUANT TO N.J.S.A. 40A:4-87 - 2008 CDBG YOUTH - $13,734

Mr. Naples said the Township was recently awarded $13,734 from the CDBG grant in the amount of $13,734, from Somerset County.  Mr. Naples added the money will be used to pay for the youth drop-in programs at Bradley Gardens and Adamsville School.

Council President Norgalis asked the number of participants in each program and the number of employees compensated.

Mr. Naples said he will have that information available for the regular session to be held on Monday.

AUTHORIZING EXECUTION OF A SHARED SERVICES AGREEMENT, PURSUANT TO N.J.S.A. 40A:65-1 ET. SEQ., THE UNIFORM SHARED SERVICES AND CONSOLIDATION ACT, WITH THE TOWNSHIP OF BRIDGEWATER, THE OTHER REMAINING 18 MUNICIPALITIES WITHIN SOMERSET COUNTY AND THE SOMERSET COUNTY PROSECUTOR’S OFFICE AND THE SOMERSET COUNTY SHERIFF’S DEPARTMENT SO AS TO PROVIDE OR RECEIVE MUTUAL POLICE AID SERVICES BETWEEN AND AMONG THE PARTIES

Mr. Naples explained the Shared Service Agreement enables the Township to provide assistance to other participating municipalities to provide Police in the event of an emergency, to provide Police assistance outside their territorial jurisdiction in order to protect life and property or to assist in suppressing a riot situation or disorder.

CANCELLATION OF TAX AND SEWER OVERPAYMENT FOR 2004 AND PRIOR YEARS

Ms. Turchan explained the resolution authorizes the Tax Collector authority to process the 2004 and prior year Tax and sewer overpayments. 

Council further discussed the overpayments and what measures had been taken to notify the residents.

AUTHORIZING THE FINAL CHANGE ORDER, RELEASE OF PERFORMANCE BOND, ACCEPTANCE OF MAINTENANCE BOND AND ACCEPTANCE OF THE ROAD IMPROVEMENTS TO LONG ROAD PROJECT

Mr. Bogart stated there was an increase in the quantities of various materials which resulted in a final change order in the amount of $5,067.26 or 3.70% higher than the original contract price.

AUTHORIZING CHANGE ORDER NO. 9 IN THE SUM OF $67,296.89 FOR THE ALTERATIONS/ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT INCREASING THE CONTRACT PRICE FROM THE AMENDED PRICE OF $19,242,503.04 TO $19,309,799.93 WHICH IS A 0.35% INCREASE

Mr. Naples reviewed with Council the foregoing change order #9 requested by Patock Constructionand recommended by USA Architects and Gilbane Building Company to be processed at this time increasing the contract an additional $67,296.89 for the following:

Supplemental Items related to Field Bulletin #25 (Provide 2-hour Fire Rated Walls in Server Rooms), Provide Steel Channels at Roof to Support Brick Veneer, Field Bulletin #39 (Provide Wood guide Rails at commons Way), Field Bulletin #40 (Modifications to Windows at Salleyport and Evidence Processing Roof), Field Clarification #30.1 (Additional Border in Corridor Linoleum Flooring), Field bulletin #28 (additional Doors in Police Area), Field bulletin #33 (Provide Additional Electrical Requirements for Relocation of Equipment);

AUTHORIZING CHANGE OF SCOPE NO. 4 TO THE PROFESSIONAL SERVICES CONTRACT DECREASING THE CONTRACT PRICE BY THE SUM OF $8,067.30 FOR ARCHITECTURAL SERVICES FOR THE ALTERATIONS/ ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT DECREASING THE CONTRACT PRICE WITH USA ARCHITECTS, PLANNERS & INTERIOR DESIGNERS FROM THE PRICE OF $604,301 TO $596,233.70 (THE ORIGINAL CONTRACT PRICE - $561,916)

Mr. Naples stated the Director of Municipal Services/Township Engineer recommended Change of Scope No. 4 be processed at this time decreasing the original contract price $8,067.30, for a design error in the shower stalls at the Police Department, and the off-set increase was paid to Patock Construction Company, Inc.

AUTHORIZING AWARD OF PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES CONTRACT TO ENVIRONMENTAL ALLIANCE FOR REMEDIAL ACTION WORK PLAN IMPLEMENTATION & SUBSURFACE ENVIRONMENTAL SITE INVESTIGATION AND INSPECTION SERVICES FOR THE PUBLIC WORKS GARAGE REMEDIAL

Mr. Naples stated Environmental Alliance will be responsible to remediate the soil apply the oxidation, oversee and do the inspections.  Mr. Naples added they were pivotal in getting NJDEP approvals and acted on the Township’s behalf to support the use of Infrastructure Trust Funds and grants to supplement the costs of the Public Works remediation.

On motion of Councilman Scaglione, second of Councilman Moench, the agenda was set for the regular meeting on November 17, 2008.  

On motion of Councilman Scaglione, second of Councilman Moench, the meeting was adjourned at 8:18 pm.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Howard Norgalis

Council President