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
JANUARY 29, 2009 AT 7 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CLOSED SESSION
SOA and PBA Contract Negotiations
5. MINUTES FOR APPROVAL
Regular Session – January 15, 2009
Closed Session – January 15, 2009
6. TOWNSHIP COUNCIL REPORTS
7. MAYOR’S REPORT
8. DISCUSSION
9. PUBLIC HEARING AND FINAL ACTION ORDINANCES
10. INTRODUCTION OF NEW ORDINANCES
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) Appointment to the Shade Tree Board
b) Place to Place Transfer of Retail Plenary Consumption Liquor License No. 1806-33-019-002 – Mr. Smith’s Beef and Ale, Inc. t/a McCarthy’s Bar and Grill located at 600 East Main Street, Bridgewater
c) Authorizing 2009 Participation In Public Archives and Records Infrastructure Support (PARIS) Grant Requests and Funding Through Somerset County
d) Award of Contract to Communications Specialists, Inc. for the Digital Dispatch Console System in the Amount of $143,519.50
e) Authorizing Release of the Performance Guarantee, Acceptance of the Site Improvements, Acceptance of the Maintenance Guarantee and Release of Corsini Homes, LLC; Block 254 Lot 69.01 (95 Pearl Street); Block 254 Lot 69.02 (5 Sloan Court); Block 254 Lot 69.03 (7 Sloan Court); Block 254 Lot 69.04 (6 Sloan Court); Block 254 Lot 69.05 (4 Sloan Court); Block 254 Lot 69.06 (2 Sloan Court) Formerly Know As Block 254, Lots 69, 70 and 71
f) Authorizing Change Order No.1/Final Change Order, Release of Performance Bond, Acceptance of Maintenance Bond and $500 Cash Bond for Landscaping and Final Payment for Drainage Improvements for Cathy Court Park Project
g) Authorizing Change of Scope No. 5 to the Professional Services Contract In the Sum of $17,500 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 $596,233.70 to $613,733.70 (the original contract price $561,916)
h) Authorizing Change Order No. 14 in the Sum of $32,173.90 for the Alterations/Additions to the Township Municipal Complex Project Increasing the Contract Price from the Amended Price of $19,479,353.75 to $19,511,527.65 which is a 0.17% Increase and a Total 2.87 Increase
i) Authorizing Award of Professional Engineering / Surveying Inspection Services Contract to Vancleef Engineering Associates for the Crim Park Expansion Improvement Project In the Amount of $24,500
j) Authorizing A Further Amendment To Restrictive Covenants On 551 Milltown Road, Block 168, Lot 18
k) Authorizing Release of the Offsite Contribution for the Falcon/Quirico Subdivision, Block 140 Lot 12.01 (15 Ardmaer Drive); Block 140 Lot 12.02 (17 Ardmaer Drive); Block 140 Lot 14 (72 Chestnut Street) Formerly Know As Block 140 Lots 12 and 14
13. REPORTS
14. MOTION TO SET AGENDA
15. ADJOURNMENT
Revised 1/27/09
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
JANUARY 29, 2009 COUNCIL CHAMBERS
The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in an agenda session on Thursday, January 29, 2009, at 7 p.m. in Council Chambers in the Municipal Annex, Bridgewater, New Jersey.
Council President Scaglione read the following announcement:
In compliance with the Open Public Meetings Act of New Jersey, adequate notice of this meeting was provided on January 6, 2009, and the time change noticed for January 22, 2009, by sending written and electronic notice to the Courier News and the Star Ledger; 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
Matthew C. Moench
Howard Norgalis
Patrick Scaglione
Also Present:
James T. Naples, Township Administrator
Mark Ruderman, Special Labor Counsel
William B. Savo, Township Attorney
Linda J. Doyle, Township Clerk
Hector A. Herrera, Deputy Township Clerk
Council President Scaglione led the audience in the Pledge of Allegiance.
On the motion of Councilman Norgalis, second of Councilman Hsing, Council convened closed session at 7:05 p.m.
BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss SOA and PBA contract negotiations.
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 Hsing, second of Councilman Norgalis, Council reconvened in open session at 7:32 p.m.
Council President Scaglione stated the minutes from the regular session of January 15, 2009, and the closed session of January 15, 2009, are on the agenda for approval.
Councilman Moench reported he attended the Regional Center Partnership meeting with Mayor Flannery. Councilman Moench noted there were two areas addressed including discussion on the plan endorsement process, which has been initiated but moving slowly as the focus has been on COAH. The second discussion focused on the Route 22 improvements, he added the short term to close down median u-turns have not been started the long term will focus oin the design research phase. Councilman Moench added the American Water Company was also at the meeting and did a preliminary presentation on the use of water ponds/pools that can be permanently constructed on properties to retain rain water and cause less water flow into the sewer systems.
Councilman Norgalis reported he attended an Open Space meeting where there was a discussion on several pieces of property and a secondary discussion on the Open Space Master Plan. He added the conversation became more of a question with regard to the Master Plan Addendum to confirm whether it was a statutory requirement or was the addendum something the Township chooses to consider do to the monies available from the referendum.
Councilman Norgalis reported Mayor Flannery and husband and Senator Bateman attended the Pluckemin Presbyterian Church service where the Minister spoke on the role of community not only participating in the political process but overseeing the process and speaking up if there are concerns.
Mr. Naples reported Mayor Flannery and he attended the Somerville-Bridgewater Rotary, where the Mayor was invited to speak to the members.
Mr. Naples reported Bridgewater Township along with Parsippany was named one of the healthy towns in New Jersey. Bridgewater is one of only six towns to receive that designation due to the Mayor’s various wellness programs.
Mr. Naples reported the Governor will be submitting the State Budget by March 17th, he added Faulkner Act Communities such as Bridgewater are required to introduce their Municipal budgets no later than February 23.
On motion of Councilman Norgalis, seconded by Councilman Moench, the meeting was opened to the public.
No one wished to speak.
On motion of Councilman Norgalis, seconded by Councilman Moench, the meeting was closed for public comment.
Council President Scaglione read the following resolutions by title:
APPOINTMENT TO THE SHADE TREE BOARD
Mr. Naples stated Mayor Flannery recommends William Sedlazek be appointed to the Shade Tree Board to fill the unexpired term of Judy Stegall.
PLACE TO PLACE TRANSFER OF RETAIL PLENARY CONSUMPTION LIQUOR LICENSE NO. 1806-33-019-002 – MR. SMITH’S BEEF AND ALE, INC. T/A MCCARTHY’S BAR AND GRILL LOCATED AT 600 EAST MAIN STREET, BRIDGEWATER
Ms. Doyle stated Larry Powers, Esq. was present representing the applicant Anthony Bendetti owner of McCarthy’s Bar and Grill, who has filed an application for a place to place transfer to extend the licensed premise to include an existing outdoor patio area.
Mr. Powers presented electronic sketches depicting the existing licensed area and outlining the area to include the existing patio area and walkway from the entrance to the patio.
- The area of the proposed expansion of licensed premises will be restricted to the shaded area depicted on the attached drawing. That area is surrounded by four foot high wall and fence.
- The owner will limit the number of tables in this area to four, the number of chairs to sixteen, and the total number of occupants, including standees, to twenty.
- The hours of operation of this area would be the same as its regular hours of operation, with a closing time of 2 a.m.
- There will be would no table service for food or beverages (alcoholic or otherwise) in this area. No food would be served in this area. All beverages would be transported to this area by the patrons, in plastic cups or plastic bottles. The applicant shall also bus the tables in this area, and shall provide security, in the form of one security person, during any time this area is utilized by patrons. The security person shall be positioned immediately adjacent to the shaded area depicted on the attached drawing at all times that the shaded area is utilized.
- The applicant shall install an outdoor security camera covering the shaded area as shown on the attached drawing.
- The Administrator shall advise the Council on a monthly basis of any calls that the police are required to respond to at the licensed premises. The Council reserves the right to require the applicant to appear before the Council, as the Council deems necessary, to review complaints from adjacent neighbors or calls or complaints to the police.
- The owner of the premise will consent to the annual review of his license for the purpose of determining whether or not any of these proposed conditions need to be modified or whether at the discretion of the Council the shaded area shall no longer be included as part of the licensed premises.
Council discussed the transfer with Mr. Powers and Mr. Bendetti.
Councilman Hsing opposed the transfer voicing his concern with allowing this restaurant to extend its liquor license to an outside area. Councilman Hsing stated his concern had nothing to do with applicant.
AUTHORIZING 2009 PARTICIPATION IN PUBLIC ARCHIVES AND RECORDS INFRASTRUCTURE SUPPORT (PARIS) GRANT REQUESTS AND FUNDING THROUGH SOMERSET COUNTY
Ms. Doyle stated Somerset County has requested each of the participating municipalities submit a resolution supporting the continuation of the Paris Grant Program application for 2009-2010.
AWARD OF CONTRACT TO COMMUNICATIONS SPECIALISTS, INC. FOR THE DIGITAL DISPATCH RADIO CONSOLE SYSTEM IN THE AMOUNT OF $143,519, 50
Mr. Naples explained the digital dispatch radio console system will provide the equipment and operational requirements for a digital, microprocessor based, radio console system. He added the proposed system shall allow flexible utilization of the attached communication resources from multiple operator positions. All equipment specified herein represents the minimum requirements to provide, install, optimize and maintain a complete digital radio console system.
Mr. Naples the stated the funding for the system is being allocated from the Emergency Services Fund. Councilman Norgalis asked about the balance in this fund and Mr. Naples confirmed $139,000 after this purchase.
Council discussed this purchase at length. Council was disturbed they had not been made aware of the request or need for the radio console system prior to the Council package being distributed.
Mr. Naples offered to have the Police come before Council on Monday, February 2, to further explain the need for this purchase.
Council was in consensus.
AUTHORIZING RELEASE OF THE PERFORMANCE GUARANTEE, ACCEPTANCE OF THE SITE IMPROVEMENTS, ACCEPTANCE OF THE MAINTENANCE GUARANTEE FOR CORSINI HOMES, LLC, BLOCK 254, LOTS 69, 70 AND 71
Mr. Bogart stated the on-site improvements had been completed and recommended the release of the performance guarantee and acceptance of the project. .
AUTHORIZING CHANGE ORDER NO.1/FINAL CHANGE ORDER, RELEASE OF PERFORMANCE BOND, ACCEPTANCE OF MAINTENANCE BOND AND $500 CASH BOND FOR LANDSCAPING AND FINAL PAYMENT FOR DRAINAGE IMPROVEMENTS FOR CATHY COURT PARK PROJECT
Mr. Bogart stated there was an increase in the quantities of various materials needed which, in turn, resulted in a final contract price increased from $114,445.60 to $128,881.41 in the amount of $14,435.01 or 12.61% higher than the contract amount based on an adjustment of estimated quantities to match as-built quantities.
AUTHORIZING CHANGE OF SCOPE NO. 5 TO THE PROFESSIONAL SERVICES CONTRACT IN THE SUM OF $17,500 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 $596,233.70 TO $613,733.70 (THE ORIGINAL CONTRACT PRICE $561,916)
Mr. Naples updated Council on the change of scope with USA Architects. He stated the Change of Scope is designed to provide Permit/Constructions Drawings for the Temporary Trailers required due to the relocation of the municipal employees to the existing Police/Courts building. Services include investigation and documentation, design and coordination, final drawings, and changes based on (1) round of review comments by the Code Department.
Mark Coan of USA was present to field questions from Council and assured the Governing Body the hookups for electrical and water were included.
AUTHORIZING CHANGE ORDER NO. 14 IN THE SUM OF $32,173.90 FOR THE ALTERATIONS/ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT INCREASING THE CONTRACT PRICE FROM THE AMENDED PRICE OF $19,479,353.75 TO $19,511,527.65 WHICH IS A 0.17% INCREASE AND A TOTAL 2.87 INCREASE
Mr. Forsythe stated the contractor requested and USA Architects and Gilbane Building Company recommended that Change Order No. 14 be processed at this time for the following items: Supplemental Items related Provide four new lintels with plates at the Sallyport door openings, Field Bulletin #30 (Provide waterproofing at the planter walls), Field Bulletin #43 (Relocate VA Box above Evidence Storage vault), Field Bulletin #53 (Provide Cement Based Waterproofing at Impound Yard and Parapet Walls above Sallyport), Field bulletin #55 (Provide impact resistant drywall at Interview Rooms 123 & 126), Field Bulletin #56 (Provide Conduit for Audio Video System in Courtroom)
Amreesh Mathur, Project Manager from Gilbane and Mark Coan of USA were available to field various questions from the Governing Body and explained the need for these changes orders. Mr. Coan stated the changes are in line with industry standards.
Council collectively voiced concerns with regard to the amount of change orders specific to the construction and installation of the Police facility’s Sallyport.
Mr. Savo explained there have conversations with USA Architects with regard to the discrepancies in the design of the complex. Mr. Savo added USA has been advised to put their carrier on Notice and a claim number has been issued.
AUTHORIZING AWARD OF PROFESSIONAL ENGINEERING / SURVEYING INSPECTION SERVICES CONTRACT TO VANCLEEF ENGINEERING ASSOCIATES FOR THE CRIM PARK EXPANSION IMPROVEMENT PROJECT IN THE AMOUNT OF $24,500
Mr. Savo recused himself from this discussion due to a relationship with VanCleef as a client.
Mr. Naples explained this project was originally submitted to Council as a $400,000 bond ordinance for the improvements to Crim Park. Mr. Naples added the bond ordinance was tabled pending the results of the referendum. Mr. Naples stated as a result of the economy the quotes for redesign and construction came back very favorable and at a significant savings to the Township. Mr. Naples added these monies will be expended from the Open Space Trust Fund dollars so there will be no tax dollar impact.
Mr. Forsythe left the meeting for the evening and asked Ms. Savo to return to the meeting.
AUTHORIZING A FURTHER AMENDMENT TO RESTRICTIVE COVENANTS ON 551 MILLTOWN ROAD, BLOCK 168, LOT 18
Mr. Savo explained this resolution authorizes an additional amendment to the restrictive covenant on 551 Milltown Road (Fierro Property) to allow the Owner to enter into a Lease Agreement with Omnipoint Communications, Inc. on the same terms and conditions as provided for in the Resolution of December 6, 2004, that is, that the rents shall be shared with the Township with the Township receiving 60% of all rents and payments pursuant to the Lease.
AUTHORIZING RELEASE OF THE OFFSITE CONTRIBUTION FOR THE FALCON/QUIRICO SUBDIVISION, BLOCK 140 LOT 12.01 (15 ARDMAER DRIVE); BLOCK 140 LOT 12.02 (17 ARDMAER DRIVE); BLOCK 140 LOT 14 (72 CHESTNUT STREET) FORMERLY KNOW AS BLOCK 140 LOTS 12 AND 14
Mr. Bogart stated this particular applicant had an obligation to provide funds for the installation of a sidewalk. Mr. Bogart added the applicant inadvertently posted a bond and a cash portion and recommends the off-site contribution of $6000 be refunded at this time.
Councilman Norgalis requested as a matter of routine that address of the property be listed in the title of the resolution.
On motion of Councilman Norgalis, second of Councilman Moench, the agenda was set for the regular meeting on February 2, 2009.
On motion of Councilman Hsing, the meeting was adjourned at 9:25 pm.
Respectfully Submitted,
Linda J. Doyle, RMC
Municipal Clerk
______________________________
Patrick Scaglione
Council President
