Meeting Minutes From: 8/6/2007

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 6, 2007 AT 7:30 P.M.

1.     NOTICE OF MEETING

2.     ROLL CALL

3.     PLEDGE OF ALLEGIANCE

4.     MINUTES FOR APPROVAL

Regular Session – July 16, 2007

5.     TOWNSHIP COUNCIL REPORTS

6.     MAYOR’S REPORT

7.     PRESENTATION

8.     DISCUSSION

Posting Council minutes and new ordinances on Township Web site

Wastewater Management Committee

9.     PUBLIC HEARING AND FINAL ACTION ORDINANCES

10. INTRODUCTION OF NEW ORDINANCES

a)    An Ordinance Amending Chapter 102 of the Bridgewater Township Code (Flood Damage Prevention)

b)    An Ordinance Amending Chapter 17 of the Bridgewater Township Code (Length of Service Award Program)

11. RESOLUTIONS

a)    Release of Minutes Closed Executive Sessions

b)    2007 Municipal Planning Partnership Program Grant Application – Economic Development Plan - Phase II

c)     Authorizing Award of Contract to Environmental Alliance, Inc. for Underground Storage Tank Discharge Investigation and Clean-Up Monitoring of the Department of Public Works Facility in the Township of Bridgewater, Somerset County, New Jersey

d)    Authorizing Execution of a Developers Agreement between the Township of Bridgewater and Woodmont Properties, LLC for Block 477, Lots 15, 17 and 18 Known as “Woodmont II at Bridgewater”

e)    Authorizing Release of Performance Guarantees and Acceptance of Road Improvements for CRC Communities at Jondel Estates Inc., Carl Checchio (Major Subdivision of Block 470, Lot 46)

f)      Authorizing Execution of a Developer’s Agreement between the Township of Bridgewater and Vosseller Associates, LLC

g)    Authorizing Execution of a Developer’s Agreement between the Township of Bridgewater and Central Avenue Corporation

h)    Authorizing Execution of a Developer’s Agreement between the Township of Bridgewater and Bridgewater ODC (Goldman Sachs)

i)       Authorizing Acceptance of the Chimney Rock Building Replacement Project

j)       Award of Contract Annual Proprietary Maintenance for CAD/RMS System

k)     NJDOT Municipal Aid Grant Resolution – Country Club Road

l)       Award of Contract: Drainage Improvements for Cathy Court Park

m)  Performance Bond Reduction/Surety Bond Stelco Enterprises, LLC (Car Wash)

n)    Award of Contract: Road Sealing

12. 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.

13. REPORTS

Clerk Report – July 2007

14. CLOSED SESSION

15. ADJOURNMENT

Revised 08/2/07

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

AUGUST 6, 2007                        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 6, 2007, at 7:30 p.m. in Council Chambers in the Municipal Annex, Bridgewater, New Jersey.

Council President Albano 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 5 and June 1, 2007, 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:

Michael P. Hsing

Allen Kurdyla           (absent)

Howard V. Norgalis

Patrick Scaglione

Robert E. Albano  

Also Present:                    James T. Naples, Township Administrator

William Savo, Township Attorney

Bob Bogart, Director of Municipal Services

Linda J. Doyle, Township Clerk

Hector A. Herrera, Deputy Township Clerk

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

Minutes for Approval

On the motion of Councilman Scaglione, second of Councilman Norgalis, the regular session meeting minutes of July 16, 2007, was approved.  

Discussion

POSTING COUNCIL MINUTES AND NEW ORDINANCES ON TOWNSHIP WEB SITE

Council discussed posting ordinances and minutes on the Web site.  Council was in consensus to post ordinances on the website after introduction and the minutes of each agenda and regular session Council meeting in a pdf version with a disclaimer that any official copies be obtained at the Clerk’s office.

Mr. Naples stated the Township is working with its Web site manager to prepare a program that would make the minutes available.

WASTEWATER MANAGEMENT COMMITTEE

Councilman Hsing volunteered to be the Council representative to the Waste Water Management Committee.  Council was in consensus.

Introduction of Ordinances

The Clerk read the following ordinance by title:

AN ORDINANCE TO AMEND CHAPTER 102 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF BRIDGEWATER, ENTITLED "FLOOD DAMAGE PREVENTION”

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 20 day of August 2007, at 7:30 p.m. prevailing time on said day as the time and the Bridgewater Township Municipal Annex at 505 Route 202-206 North 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.

Mr. Naples stated the revisions to amend the existing ordinance were required by FEMA and set forth the regulations for recouping flood damage costs.  He added there will be no financial impact to the Township.  

Mr. Naples stated Administration would contact the NJ DEP about incorporating Councilman Norgalis’ suggestions.

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE ORDINANCE WAS APPROVED.

A copy of resolution #07-08-06-178 will be appended to the official minutes.

The Clerk read the following ordinance by title:

AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF BRIDGEWATER, ENTITLED “LENGTH OF SERVICE AWARDS PROGRAM”

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 20 day of August 2007, at 7:30 p.m. prevailing time on said day as the time and the Bridgewater Township Municipal Annex at 505 Route 202-206 North 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.

Mr. Naples stated the purpose of the ordinance is to amend Chapter 17 so that a qualified member who dies prior to the five years vesting required by the ordinance shall be eligible to have accrued annual contributions made by the Township prior to the time of death of the member paid to the beneficiary designated by the member.

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE ORDINANCE WAS APPROVED.

A copy of resolution #07-08-06-179 will be appended to the official minutes.

Resolutions

RELEASE OF MINUTES CLOSED EXECUTIVE SESSIONS

Mr. Savo stated he reviewed the executive session minutes in detail.  He reviewed minutes from January 2001, through December 2004.  He advised Council the need for confidentiality no longer exists for these minutes.

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-180 will be appended to the official minutes.

AUTHORIZING EXECUTION OF A DEVELOPERS AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND WOODMONT PROPERTIES, LLC FOR BLOCK 477, LOTS 15, 17 AND 18 KNOWN AS “WOODMONT II AT BRIDGEWATER”

Council discussed the developer’s agreement for Woodmont II located at block 477, lots 15, 17 and 18 (off of route 202/206).  The agreement sets forth the obligation of the developer to address the authorization as approved by the Planning Board.

Councilman Hsing stated he wanted to remain consistent with his opinion on Woodmont II and chose to abstain.

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

Councilman Hsing                       Abstain

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-181 will be appended to the official minutes.

AUTHORIZING EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND VOSSELLER ASSOCIATES, LLC

AUTHORIZING EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND CENTRAL AVENUE CORPORATION

AUTHORIZING EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND BRIDGEWATER ODC (GOLDMAN SACHS)

Council discussed these developer agreements.  Mr. Naples informed Council that the Goldman Sachs property known as block 112, lots 1.03,3 and 4 has frontage on route 202 northbound and Milltown Road. It was in consensus the agreements were prepared to address the obligations of the developer’s set by the Planning Board.

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTIONS WERE APPROVED.

A copy of resolutions #07-08-06-182 through #07-08-06-183.1 are appended to the official minutes.

MUNICIPAL PLANNING PARTNERSHIP PROGRAM GRANT APPLICATION – ECONOMIC DEVELOPMENT PLAN - PHASE II

Mr. Naples summarized this resolution.  He stated the purpose of this grant application is to seek funding from Somerset County to prepare Phase II of the Bridgewater Economic Development Plan.

Council President Albano stated the Economic Plan will benefit the entire Township and not be restricted to certain areas.

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-184 is appended to the official minutes.

AUTHORIZING AWARD OF CONTRACT TO ENVIRONMENTAL ALLIANCE, INC. FOR UNDERGROUND STORAGE TANK DISCHARGE INVESTIGATION AND CLEAN-UP MONITORING OF THE DEPARTMENT OF PUBLIC WORKS FACILITY IN THE TOWNSHIP OF BRIDGEWATER, SOMERSET COUNTY, NEW JERSEY

Mr. Naples reviewed this resolution.  He informed Council this was for the clean up of the current facility located of off Hanlon Drive.  Mr. Naples stated the remediation of this property is mandated by the NJDEP and not exclusive to the construction of the Municipal Complex.

Council further discussed the remediation process and asked the resolution be modified to incorporate all six requests for proposal and qualifications.

On motion of Councilman Norgalis, second of Councilman Hsing, the foregoing resolution was approved.  The vote was as follows:

Councilman Hsing                       Aye

Councilman Kurdyla                    Absent

Councilman Norgalis                   Aye

Councilman Scaglione                 Aye

Council President Albano            Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-185 is appended to the official minutes.

AUTHORIZING RELEASE OF PERFORMANCE GUARANTEES AND ACCEPTANCE OF ROAD IMPROVEMENTS FOR CRC COMMUNITIES AT JONDEL ESTATES INC., CARL CHECCHIO (MAJOR SUBDIVISION OF BLOCK 470, LOT 46)

Mr. Bogart stated the project is complete and recommends the release of the performance bond and acceptance of the road improvements.  Said improvements include a portion of Glen Ridge Drive South and all of Jondel Court.

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

Councilman Hsing                       Aye

Councilman Kurdyla                    Absent

Councilman Norgalis                   Aye

Councilman Scaglione                 Aye

Council President Albano            Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-186 is appended to the official minutes.

AUTHORIZING ACCEPTANCE OF THE CHIMNEY ROCK BUILDING REPLACEMENT PROJECT

Mr. Bogart stated the construction of the Chimney Rock Building is complete and recommend acceptance of the project.

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-187 is appended to the official minutes.

AWARD OF CONTRACT ANNUAL PROPRIETARY MAINTENANCE FOR CAD/RMS SYSTEM

Mr. Naples stated the costs for the annual software maintenance required for the police emergency services functions of New World Systems is $45,456.  He added the maintenance is proprietary and specialized. 

Council further reviewed the software costs and the contractual obligations.  Councilman Hsing requested more detailed information.  Councilman Norgalis had previously been assured that the Police Dept. is satisfied with the New World CAD/RMS SYSTEM

On motion of Councilman Norgalis, second of Councilman Hsing, the foregoing resolution was approved.  The vote was as follows:

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-188 will be appended to the official minutes

NJDOT MUNICIPAL AID GRANT RESOLUTION – COUNTRY CLUB ROAD

Mr. Bogart stated the roadway, adjacent to the Raritan Valley Country Club golf course, will be reconstructed including a surface and base course, and the addition of a stone course.  No curbing or drainage improvements will be performed as the existing drainage and curbing are satisfactory.

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-189 will be appended to the official minutes.

AWARD OF CONTRACT: DRAINAGE IMPROVEMENTS FOR CATHY COURT PARK

Mr. Bogart stated he recommended the contract for drainage improvements for Cathy Court Park be awarded to Reivax Contracting Corp. in an amount not to exceed $114,455.60.  The other bidder was Caro Construction Corporation with a bid of $154,977.75

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-190 will be appended to the official minutes.

PERFORMANCE BOND REDUCTION/SURETY BOND STELCO ENTERPRISES, LLC (CAR WASH)

Mr. Bogart informed Council this was located at block 407, lot 2.   He stated that approximately 80% of the soil erosion control and drainage improvements and 100% of the sanitary sewer and curb improvements covered under the Performance Guarantee have been completed and recommends that the Performance Guarantee be reduced to $260,469.60 which is sufficient to insure that all remaining improvements are completed and defects are corrected;

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Absent

Councilman Norgalis                    Aye

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-191 will be appended to the official minutes.

AWARD OF CONTRACT: ROAD SEALING

Mr. Bogart and Council discussed the award of contract to Asphalt Paving Systems, Inc. in the amount of $105,396.59.  Council requested a copy of the roadways scheduled for improvement be attached as schedule A to said resolution.

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

Councilman Hsing                       Aye

Councilman Kurdyla                     Aye

Councilman Norgalis                    Absent

Councilman Scaglione                 Aye

Council President Albano             Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #07-08-06-192 is appended to the official minutes.

Public Comment

On motion of Councilman Hsing, second of Councilman Norgalis, the meeting was opened to the public.

Betty Bruno, 1378 Mount Vernon Road, asked whether her neighbor could take action against her is she were to take down the fence, which is on her property.

Council President Albano advised Ms. Bruno she would need to contact an attorney for a legal opinion.

Milton Schwartz, 1521 Mountain Top Road, stated his tax burden had increased 25% since 2002.  He requested Council take a more aggressive approach to control tax increases.

Doug Williams, 681 Hawthorne Avenue, asked what the proper venue would be to speak on the Flood Damage Prevention ordinance.

Council President Albano outlined in detail the statutory process set forth in the adoption of an ordinance.

Mr. Bogart added the ordinance on Flood Damage Prevention reflected changes required by FEMA to be in compliance with NJDEP and Federal regulations to protect our residents in the future.

No one else wished to be heard.

On motion of Councilman Norgalis, second of Councilman Scaglione, the public portion was closed.

Council President Albano recognized two boy scouts from Boy Scout Troop 41 who stated they were in attendance as a requirement for the Communication Badges.

On motion of Councilman Scaglione, second of Councilman Norgalis, the meeting was adjourned at 8:36 p.m.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Robert Albano

Council President