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
JUNE 15, 2009 AT 7 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MINUTES FOR APPROVAL
Closed Session – May 18, 2009
5. TOWNSHIP COUNCIL REPORTS
6. MAYOR’S REPORT
7. PRESENTATION
8. DISCUSSION
Review of 2008 Audit
9. PUBLIC HEARING AND FINAL ACTION ORDINANCES
a) Bond Ordinance Providing an Appropriation of $1,300,000 for Improvements to the Sanitary Sewer System
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) Authorizing Change Order No. 21 In The Sum Of $105,525 For The Alterations/Additions To The Township Municipal Complex Project Increasing The Contract Price From The Amended Price Of $19,699,076.77 To $19,804,601.77 Which Is A 0.56% Increase And A Total 4.41% Increase
b) Authorizing Award Of Professional Engineering/Surveying Services For Foothill Road Phase 1, Birch Hill Drive To Peterpar Road To Paulus, Sokolowski And Sartor, L.L.C. In The Amount Of $19,000
c) Authorizing Award Of Professional Engineering/Surveying Services For Mountaintop Road Roadway Improvements, Section 2, Caruso Court To East Of Totten Drive To Paulus, Sokolowski And Sartor, L.L.C. In The Amount Of $29,000
d) Authorizing Award Of Contract To Reivax Contracting For The Middle Road Drainage And Paving Project In The Amount Of Sum Of $185,035.74
e) Award Of Contract To Top Line Construction Corp. For Frohlin Drive 2 Construction Services In The Amount Of $121,913
f) Award Of Contract To Fischer Contracting Inc. For The Parking Lot Reconstruction Bridgewater Library 2009 Project In The Sum Of $225,720
g) Award of Contract to Asphalt Paving Systems, Inc. For The Maintenance And Repair Work - 2009 (Chip Seal And Micro-Surfacing) Project In The Sum Of $114,866
h) Authorizing Award Of Professional Engineering / Surveying Inspection Services Contract To Tad Associates, L.L.C., D/B/A De Muro Associates For The Maple Street – Perry Drive - Roadway Improvements Section III Project In The Sum Of $15,570
i) Authorizing Change Order No. 1 In The Sum Of $1,278 For The Somerset Regional Animal Shelter Project Increasing The Contract Price From The Original Price Of $602,990 To $604,268 Which Is A 0.21% Increase
j) New Jersey Division Of Highway Traffic Safety Applications For FY2010 Highway Traffic Safety Grant Enabling Resolution
k) New Jersey Department Of Transportation FY2010 Centers Of Place Program Finderne Streetscape Improvements In The Amount Of $420,000
l) Ratification of Award of Contract to Applied Concepts, Inc. for Acquisition of 15 Stalker Radar Units and Equipment Related Thereto In The Amount Of $38,550
m) Authorization for Fireworks Display – Somerset County Park Commission, July 4, 2009
13. CONSENT AGENDA RESOLUTIONS
a) Renewal of Club Liquor Licenses 2009-2010
b) Renewal of Plenary Retail Consumption Liquor Licenses 2009-2010
c) Renewal of Plenary Retail Distribution Liquor Licenses 2009-2010
d) Renewal Of Plenary Retail Consumption Liquor License Hotel/Motel Exception Day’s Inn Of Bridgewater, Summerfield Suites Hotel, Hilton Gardens Inn
e) Renewal of Plenary Retail Consumption Liquor License Broad Package Privilege – La Catena 22
f) Plenary Retail Consumption with Special Conditions
i. Mish-J.O. Investment Corp. t/a Green Knoll Grille
ii. Café Emilia
iii. Bridgewater Marriott Hotel
g) Plenary Retail Consumption Pocket License
i. Arber Corporation, Inc
ii. Carino’s Italian Kitchen, Inc.
iii. Redwood Inn
14. REPORTS
Clerk Report – May 2009
15. CLOSED SESSION
16. ADJOURNMENT
Revised 06/15/09
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
JUNE 15, 2009 COUNCIL CHAMBERS
The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in the first a regular session on Monday, June 15, 2009, at 7 p.m. in Council Chambers in the new Municipal Complex, 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 June 19, 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
Natasha Turchan, Director of Finance
Robert Bogart, Township Engineer
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.
The closed session minutes of May 18, 2009, were approved.
Councilman Hsing reported on his recent personal visit to Germany. (not at tax payers’ cost) Councilman Hsing attended the Solar Trade Fair in Munich regarding green energy. . Councilman Hsing added he and a German Architect visited a very modern building named Mont-Cenis, in Germany. Councilman Hsing stated the building was constructed of glass and unique style pillars. Councilman Hsing said the building utilized solar panels that were integrated within the glass roof and it was constructed with various other energy saving components. He added the building also housed the local township’s administration department.
Councilman Hsing stated he received information regarding the Energy Efficiency and Block Grant Training and asked whether the Township has been informed.
Mr. Naples stated the Township has begun the application process and earmarked an estimated $190,000. Mr. Naples added the Township also hired a consultant to assist with the application and provide a report on areas the money could best be applied.
Council President Scaglione advised Councilman Hsing to consider contacting Mike Kerwin who currently heads the Business Partnership and is working with municipalities in Somerset County to incorporate Green Building technology.
Councilman Moench reported he, Councilman Norgalis and Council President Scaglione, attended the Somerset County Governing Officials picnic in a park shared by Montgomery and Rocky Hill during which there was a presentation on shared services.
Councilman Moench reported he, Councilman Norgalis and Council President Scaglione also attended the Green Knoll Firehouse wet down to commemorate the purchase of their new fire truck.
Councilman Norgalis reported on June 1st, Somerset County sponsored a Tent Party on behalf of the Food Bank of Somerset County in which many delegates attended to commemorate a growing substantial need in Somerset County.
Councilman Norgalis reported on June 4th, he attended the ribbon cutting ceremony at the Richard Hall Mental Health Center.
Councilman Norgalis reported on June 6th, he attended the Home Share Walk a Thon. He noted he and Senator Bateman carried the banner.
Councilman Norgalis reported on June 14th, he attended the Eastern Star Open House on Finderne Avenue. He noted there was a large group in attendance and tours were given of the facility.
Council President Scaglione noted Councilman Norgalis is the Fire Commissioner and Chairman of Fire District #3, and was instrumental in the purchase of the fire truck for the Green Knoll firehouse.
Council President Scaglione mentioned the Somerset County Governing Officials picnic Shared Service presentation raised awareness to broaden the scope of shared service considerations.
Mr. Naples reported the Mayor together with several other Mayors and NJLM Official’s attended a meeting with the Governor’s Chief of Staff to continue to press COAH legislation. Mr. Naples noted the meeting was fairly successful in lobbying change in the current economic stimulus package to broaden the same obligation for municipalities by putting a moratorium on the 2.5% COAH fee for non-residential projects.
Council President Scaglione stated the Township is privileged to have Mayor Flannery as a local advocate for municipal positions on COAH, but also as one of the leading proponents of municipal protection of COAH throughout the State.
Councilman Norgalis raised discussion on the ongoing concern of the Crim and Mountaintop Intersection site line improvement project. He added this is a dangerous intersection in terms of emergency responders and he is troubled the project is not moving forward.
Mr. Bogart advised he has been in contact with the owner of the property who resides in Florida. Mr. Bogart added although there is a language barrier the property owner has expressed she will be coming to New Jersey in a few weeks to view the project as it pertains to her property.
Council President Scaglione raised the discussion on the Open Space Trust Fund Tax which will sunset at the end if this year.
Mr. Savo stated he prepared an ordinance that structures the tax to reflect the first year at one cent, the subsequent four years at two cents, and reviewed again at the fifth year.
Council President Scaglione reiterated the Township must have a Trust Fund amount in place to continue to be considered by the State for Open Space Grant monies.
Councilman Moench questioned the reasoning of the one cent, two cent structure. Councilman Moench added he would support the one cent for the full four years.
Council President Scaglione requested the Open Space Committee be invited to attend the next session on July 6th to further discuss their recommendation on the proposed referendum.
Bob Swisher, RMA of Suplee. Clooney & Company provided Council a brief overview of the audit process and prepared a handout which included certain schedule pages included in the Audit. Mr. Swisher stated the audit prepared through his firm determines the Township’s financial statements and has controls in place to be compliant with State regulations. He added the handout outlined the areas where Council can focus to have a better understanding of the auditing process. Mr. Swisher complimented Ms. Turchan for her professionalism and stated the firm looks forward to working with the Township again this year.
Council President Scaglione read the ordinance by title
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Public Hearing and Final Action Ordinance |
BOND ORDINANCE PROVIDING AN APPROPRIATION OF $1,300,000 FOR IMPROVEMENTS TO THE SANITARY SEWER SYSTEM “BRADLEY GARDENS”
Council President Scaglione noted this bond ordinance is required as part of a grant application and deferred
Mr. Naples stated based on the discussion during the last session he provided Council a more in depth analysis of projected savings of the I & I Project. Mr. Naples deferred to Lee Purcell, Lead Consultant on the project who detailed the grant application for the Infrastructure Trust Fund. Mr Purcell reiterated the Township has been afforded 75% at zero interest and 25% at market value when we go out to fund and we are also in line to receive stimulus funds on the entire amount. Mr. Naples said the project approximately 15% of the entire pipe in the Bradley Gardens area.
Mr. Bogart stated he prepared the best estimate on the potential savings and although the project includes only 15% of the pipe in this area, this section has been determined to be the worst infiltration within the system of storm water which in turn is being paid for and treated by the SRVSA.
Council President Scaglione reiterated Council is looking for a more specific estimate on how much money no matter how favorable the terms, need be spent to make the savings worthwhile.
Despite continued discussion with Mr. Bogart and Lee Purcell, Council was not satisfied with the anticipated cost savings.
Mr. Purcell added the pipe in that area estimated to be12,500’ has not been replaced in 40 years and is deteriorating, he added this project will enable the pipe to be rehabilitated.
Councilman Moench stated the cost savings anticipated can not be accurate on the information he has identified thus far.
On motion of Councilman Norgalis, seconded by Councilman Hsing, the ordinance was opened for public comment.
No one wished to speak.
On motion of Councilman Hsing, seconded by Councilman Norgalis, the public comment portion was closed.
Councilman Moench stated he requires more concrete numbers in order to support this project. He added this could be done with continued readings which would extend the timing a potential of six months to determine the more exact cost savings on this particular 15% of pipe in this region in order to support this project.
Councilman Norgalis motioned to carry the final action on this ordinance to the July 6th meeting, to enable Council to have all members present to further review. All were in favor.
In addition, Mr. Naples requested Councilman Moench provide additional input directly to him on what he would require for consideration.
THE PUBLIC HEARING WAS CONTINUED TO THE JULY 6TH COUNCIL SESSION.
On motion of Councilman Norgalis, seconded by Councilman Hsing, the meeting was opened to the public.
Rob Lavroff, 782 Starview Way, stated he was a Boy Scout member of Troop #154 in Pluckemin and was in attendance as a requirement for his Communication Merit Badge. Rob Lavroff introduced his father, Jay Lavroff to Council.
James Schenk, 17 Bujak Court, spoke in opposition to the new application for a cell tower on Milltown Road in a residential area. Mr. Schenk added there is a cell tower on the property already and he doesn’t understand why T-Mobile needs a separate tower. Mr. Schenk stated he and his neighbors plan to attend the Board of Adjustment meeting this week to oppose the applicant’s request. Mr. Schenk added the community is very upset and has concerns with regard to safety and health concerns.
Council President Scaglione stated the Board of Adjustment members are appointed by Council and to comment may be perceived to influence their decision and secondly Council may be involved if the matter is appealed.
Ron Repmann 49 Claire Drive, stated his opposition to the additional cell tower being constructed on Milltown Road and asked whether the Township’s Master Plan included a component for the installation of cell towers within the community.
No one else wished to speak.
On motion of Councilman Norgalis, seconded by Councilman Moench, the meeting was closed for public comment.
Council President Scaglione read the resolutions by title:
AUTHORIZING CHANGE ORDER NO. 21 IN THE SUM OF $105,525 FOR THE ALTERATIONS/ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT INCREASING THE CONTRACT PRICE FROM THE AMENDED PRICE OF $19,699,076.77 TO $19,804,601.77 WHICH IS A 0.56% INCREASE AND A TOTAL 4.41% INCREASE
Matt Venanzi, Gilbane Project Manager, together with Mark Coan of USA Architects comprehensively detailed each of the PCO’s for consideration. Mr. Venanzi explained most of the change order PCO’s had already been completed.
Council held a lengthy conversation with regard to the expectations in design of the Municipal Complex and reiterated their previous request that the change orders not be completed until approved by Council.
Council President Scaglione asked Administration to provide a weekly or bi-weekly updates on anticipated change orders that will include time and materials broken down.
Mr. Venanzi said he can provide Council a list of change orders that have been absorbed by the Contractor
On motion of Councilman Norgalis, second by Councilman Scaglione, the foregoing resolutions were approved. The vote was as follows:
Councilman Albano Absent
Councilman Hsing Nay
Councilman Moench Nay
Councilman Norgalis Nay
Council President Scaglione Aye
THE RESOLUTION WAS DEFEATED.
A copy of resolution #09-06-15-156 is appended to the official minutes.
AUTHORIZING AWARD OF PROFESSIONAL ENGINEERING/SURVEYING SERVICES FOR FOOTHILL ROAD PHASE 1, BIRCH HILL DRIVE TO PETERPAR ROAD TO PAULUS, SOKOLOWSKI AND SARTOR, L.L.C. IN THE AMOUNT OF $19,000
AUTHORIZING AWARD OF PROFESSIONAL ENGINEERING/SURVEYING SERVICES FOR MOUNTAINTOP ROAD ROADWAY IMPROVEMENTS, SECTION 2, CARUSO COURT TO EAST OF TOTTEN DRIVE TO PAULUS, SOKOLOWSKI AND SARTOR, L.L.C. IN THE AMOUNT OF $29,000
Mr. Bogart stated he recommends this contractor and mentioned he spoke with Mr. Paulus, President of Paulus, Sokolowski and Sartor, who said he knew the bid price was low but he wanted to keep his employees working and was confident the project would be completed by his team.
AUTHORIZING AWARD OF CONTRACT TO REIVAX CONTRACTING FOR THE MIDDLE ROAD DRAINAGE AND PAVING PROJECT IN THE AMOUNT OF SUM OF $185,035.74
AWARD OF CONTRACT TO S. BROTHERS, INC. FOR FROHLIN DRIVE 2 CONSTRUCTION SERVICES IN THE AMOUNT OF $121,913
Mr. Bogart detailed each of the capital projects above. Mr. Bogart added in light of the current economic situation the bids seem to be coming in low compared to the Engineer’s estimated cost of each project.
On motion of Councilman Norgalis, second by Councilman Moench, the foregoing resolutions were approved. The vote was as follows:
Councilman Albano Absent
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTIONS WERE APPROVED.
Copies of resolutions #09-06-15-157 through #09-06-15-160 are appended to the official minutes.
AWARD OF CONTRACT TO FISCHER CONTRACTING INC. FOR THE PARKING LOT RECONSTRUCTION BRIDGEWATER LIBRARY 2009 PROJECT IN THE SUM OF $225,720
Mr. Bogart recommended the contract be awarded to the lowest responsible bidder Fischer Contracting, Inc. to complete the Parking Lot reconstruction at the Bridgewater Library.
AWARD OF CONTRACT TO ASPHALT PAVING SYSTEMS, INC. FOR THE MAINTENANCE AND REPAIR WORK - 2009 (CHIP SEAL AND MICRO-SURFACING) PROJECT IN THE SUM OF $114,866
Mr. Bogart stated Asphalt Paving Systems, Inc. will provide construction services for road maintenance and repair work that will include Chip Sealing and Micro-surfacing of existing roadway pavement surfaces for the following roads: Adamsville Road North (North of 287 to Foothill Road), Sky Hill Road, Cardinal Lane, Tobia Road, Petron Place, Red Oak Way, Mohawk Trial, and Sylvan Drive.
AUTHORIZING AWARD OF PROFESSIONAL ENGINEERING / SURVEYING INSPECTION SERVICES CONTRACT TO TAD ASSOCIATES, L.L.C., D/B/A DE MURO ASSOCIATES FOR THE MAPLE STREET – PERRY DRIVE - ROADWAY IMPROVEMENTS SECTION III PROJECT IN THE SUM OF $15,570
Mr. Bogart stated this award of contract will provide the following services: for the purpose of preparing construction plans and specifications for the construction of road and drainage improvements to the portion of Maple Street extending from Perry Drive to Sycamore Avenue, and the portion of Perry Drive extending from Linden Street to the Township Boundary approximately 140 feet east of Chestnut Street.
On motion of Councilman Scaglione, second by Councilman Moench, the foregoing resolutions were approved. The vote was as follows:
Councilman Albano Absent
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTIONS WERE APPROVED.
Copies of resolutions #09-06-15-161 through #09-06-15-163 are appended to the official minutes.
AUTHORIZING CHANGE ORDER NO. 1 IN THE SUM OF $1,278 FOR THE SOMERSET REGIONAL ANIMAL SHELTER PROJECT INCREASING THE CONTRACT PRICE FROM THE ORIGINAL PRICE OF $602,990 TO $604,268 WHICH IS A 0.21% INCREASE
Mr. Naples stated the change order for the Animal Shelter was to provide installation two new water shut-off valves in the new water lines. He added these valves need to be installed to allow construction to continue on the Animal Shelter without turning off the water supply for the Police.
NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY APPLICATIONS FOR FY2010 HIGHWAY TRAFFIC SAFETY GRANT ENABLING RESOLUTION
Mr. Naples explained this grant application to the New Jersey Division of Highway Traffic Safety provides grants to municipal governments for a variety of programs intended to increase the safety on New Jersey roads. He added this year the grant is entitled “Obey the Signs or Pay the Fines” and is recommended by the Chief of Police and Grants Manager.
RATIFICATION OF AWARD OF CONTRACT TO APPLIED CONCEPTS, INC. FOR ACQUISITION OF 15 STALKER RADAR UNITS AND EQUIPMENT RELATED THERETO IN THE AMOUNT OF $38,550
Mr. Naples stated this grant was awarded by NJ DOT and the Chief of Police recommended the acquisition be applied to 15 stalker radar units to replace the radar units that were obsolete.
AUTHORIZATION FOR FIREWORKS DISPLAY – SOMERSET COUNTY PARK COMMISSION, JULY 4, 2009
Mr. Naples stated Somerset County Park Commission will hold its annual firework display at North branch Park on Saturday July 4th with a rain date scheduled for the next clear evening.
On motion of Councilman Norgalis, second by Councilman Moench, the foregoing resolutions were approved. The vote was as follows:
Councilman Albano Absent
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTIONS WERE APPROVED.
Copies of resolutions #09-06-15-164 through #09-06-15-167 are appended to the official minutes.
NEW JERSEY DEPARTMENT OF TRANSPORTATION FY2010 CENTERS OF PLACE PROGRAM FINDERNE STREETSCAPE IMPROVEMENTS IN THE AMOUNT OF $420,000
Mr. Naples stated he provided Council a cost analysis and additional backup from Bill Veliky intended to explain the eligibility for use of the grant money as designated in the application.
Council President Scaglione stated Councilman Moench noticed a major portion of the sidewalk areas depicted in the design plan were installed with paver blocks.
Councilman Norgalis also questioned the use of paver blocks as seeming frivolous and not cost effective.
Council President Scaglione suggested instead of pavers it may be more cost effective to install stamped concrete. Council President added the concrete would have the same appeal but offer a substantial savings.
Councilman Norgalis also stated his concerns over the lighting adding the light pole fixtures did not seem appropriate and were overstated.
Council President Scaglione stated this resolution should be removed from further discussion and be prepared for the next session on July 6th. Council was in consensus,
Mr. Bogart stated he will provide Councilman Moench a copy of the Finderne Study that was prepared last year to review the design plan.
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Consent Agenda Resolutions |
Council President Scaglione read the following resolutions by title:
Ms. Doyle added the Police, Fire, Code and Health Departments have no issues with approval.
Ms. Doyle affirmed all the applications listed below had been forwarded to the NJ Division of Alcoholic Beverage Control. She added there are a few establishments that are inactive and have filed for Special Rulings to be reviewed by the NJ Division of ABC.
RENEWAL OF CLUB LIQUOR LICENSES 2009-2010
RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSES 2009-2010
RENEWAL OF PLENARY RETAIL DISTRIBUTION LIQUOR LICENSES 2009-2010
RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE HOTEL/MOTEL EXCEPTION DAY’S INN OF BRIDGEWATER, SUMMERFIELD SUITES HOTEL, HILTON GARDENS INN
RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE BROAD PACKAGE PRIVILEGE – LA CATENA 22
PLENARY RETAIL CONSUMPTION WITH SPECIAL CONDITIONS
MISH-J.O. INVESTMENT CORP. T/A GREEN KNOLL GRILLE
CAFÉ EMILIA
BRIDGEWATER MARRIOTT HOTEL
PLENARY RETAIL CONSUMPTION POCKET LICENSE
ARBER CORPORATION, INC
CARINO’S ITALIAN KITCHEN, INC.
REDWOOD INN
On motion of Councilman Hsing, second by Councilman Norgalis, the foregoing resolutions were approved. The vote was as follows:
Councilman Albano Absent
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTIONS WERE APPROVED.
Copies of resolutions #09-06-15-168 through #09-06-15-177 are appended to the official minutes.
On the motion of Councilman Albano, second of Councilman Norgalis, Council convened in closed session at 8:05 p.m.
BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss COAH 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 Moench, Council reconvened in open session at 10 p.m.
On the motion of Councilman Norgalis, seconded by Councilman Hsing the meeting adjourned at 10 p.m.
Respectfully Submitted,
Linda J. Doyle, RMC
Municipal Clerk
______________________________
Patrick Scaglione
Council President
