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
JULY 6, 2009 AT 7:30 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MINUTES FOR APPROVAL
Regular Session – May 28, 2009
Regular Session – June 15, 2009
Closed Session – June 15, 2009
5. TOWNSHIP COUNCIL REPORTS
6. MAYOR’S REPORT
7. PRESENTATION
Municipal Assessment Plan
8. DISCUSSION
Open Space Referendum
9. PUBLIC HEARING AND FINAL ACTION ORDINANCES
a) Continuation of Public Hearing for Bond Ordinance Providing an Appropriation of $1,300,000 for Improvements to the Sanitary Sewer System
10. INTRODUCTION OF NEW ORDINANCES
a) An Ordinance Authorizing A Binding Referendum, Pursuant To N.J.S.A. 40:12-15.7 (Municipal Referendum On Taxes) And N.J.S.A. 40:69a-185 Of The Faulkner Act, As To Whether The Township Council Of The Township Of Bridgewater Should Adopt An Ordinance Amending Section 20-5 (Funding Of The Open Space Trust Fund) And Section 20-8 (Review) Of Chapter 20 (Open Space Advisory Committee) Of The Municipal Code Of The Township Of Bridgewater, County Of Somerset, State Of New Jersey So As To Permit The Continuation Of The Open Space Trust Fund For A Period Five Years, Effective With The Annual Budget Of 2010, Based On A Tax Levy Of $ ______ Per $100 Of Assessed Valuation For Year 2010 And Tax Levies For Each Of The Succeeding Four Years As Follows:
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 $105,524 for the Alterations/Additions to the Township Municipal Complex Project Increasing the Contract Price from the Amended Price of $19,699,076.77 to $19,804,600.77 which is a 0.56% Increase And A Total 4.41% Increase
b) Authorizing Change Order No. 22 In the Sum Of $57,234.25 for the Alterations/Additions to the Township Municipal Complex Project Increasing the Contract Price from the Amended Price of $19,804,600.77 to $19,861,835.02 which is a 0.30% Increase And A Total 4.71% Increase
c) New Jersey Department of Transportation FY2010 Centers of Place Program Finderne Streetscape Improvements in an Amount of $420,000
d) Authorizing a Refund of the Existing Tree Replacement Fund of Michael and Carol Tenore Relating to Block 907 Lots 20.01 And 20.02
e) Recycling Tonnage Grant Application
f) Re-Appointment Of Registrar Of Vital Statistics
g) Authorizing Award Of Contract Professional Legal Services: Chief Municipal Prosecutor
h) Authorizing Insertion of Revenue – Clean Communities $16,215.12
i) Certification of 2008 Audit
j) Reimbursement Of Fire Permit Fee In The Amount Of $50 For The Arc Of Somerset County In Connection With The 7th Annual Step It Up For The Arc Walk Held At Duke Island Park On May 23, 2009
k) Waiver Of Fire Permit Fee In The Amount Of $100 For The Somerset County Office Of Aging In Connection With The Round Dancing Classes Held At Adamsville And Milltown Schools
l) Over The Limit Under Arrest 2009 Statewide Crackdown
13. REPORTS
14. CLOSED SESSION
Open Space
15. ADJOURNMENT
Revised 07/1/09
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
JULY 6, 2009 COUNCIL CHAMBERS
The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in a regular session on Monday, July 6, 2009, at 7:30 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, 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
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
Scarlett Doyle, Township Planner
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 motion of Councilman Hsing, seconded by Councilman Norgalis, the minutes from the regular session of May 28 and June 15, 2009 were approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
The closed session minutes of June 15, 2009, were approved.
Councilman Albano commented on his trip to Alaska.
Councilman Norgalis reported on June 18th he attended the Centerbridge Picnic together with Council President Scaglione. He added on June 24th he attended a County Medical Reserve Meeting dealing with N1H1 Pandemic (formerly named swine flu) On June 30th he attended a Red Cross Business Partnership meeting which discussed Business Survivability. Lastly, he reported on July 4th he attended the Declaration of Independence reading at Middlebrook Camp together with Mayor Flannery, Council President Scaglione and Councilman Moench.
Council President Scaglione reported he attended the Somerset County Fireworks display at North Branch Park. He said this year was the largest crowd he had seen before and acknowledged the Police Department for controlling traffic safety.
Mr. Naples reported Mayor Flannery attended the Mayors’ Round Table hosted by Freeholder Walsh which discussed several County studies underway.
Mr. Naples reported in continuing her effort to fight against COAH mandates, Mayor Flannery attended a COAH Round Table discussion that had a diverse group consisting of members of the political community, housing community and business community. He added the intention was for all to share and come to like minds on presenting additional suggestions to the Governor and Legislation for changes to the COAH regulations.
Mr. Naples reported Mayor Flannery attended a “We Work for Health” meeting. He said the group advocates for pharmaceutical and bio-pharm industries in New Jersey. He added Congressman Lance was there and the Mayor spoke representing the public interest as well as Pfizer and Wyeth representatives representing private interest.
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Presentation
Municipal Assessment Plan |
Scarlett Doyle, Township Planner and Jim Ruggieri from Somerset County presented Council a power point presentation outlining the process for Plan Endorsement. Ms. Doyle reported the Plan Endorsement has reached the point where the Municipal Self Report and a resolution by the Governing Body is now required. Ms. Doyle said this presentation to Council has been advertised by the County as required and must have a public hearing to provide an opportunity for public comment.
Ms. Doyleexplained the State Planning Act requires that New Jersey municipalities integrate their land use planning with the State Development and Redevelopment Plan “in order to conserve the state’s natural resources, revitalize the urban centers, protect the quality of the environment, and provide needed housing and adequate public services at a reasonable cost while promoting beneficial economic growth, development and renewal.”
In response to this Act, Bridgewater Township has been engaged in the Plan Endorsement process, which is a voluntary review process developed by the State Planning Commission to aid municipalities, in meeting the goals of the State Planning Act and State Development and Redevelopment Plan. The goal of the Plan Endorsement process is to increase the degree of consistency among municipal, county, regional and state agency plans with each other and with the State Plan.
The State Planning Rules and Plan Endorsement Guidelines require the preparation and submission of a Municipal Self-Assessment Report as Step 3 of a 10-step process. In connection with the vision of the State Development and Redevelopment Plan, the Municipal Self Assessment Report identifies the Township’s existing conditions relative to zoning, master plans, municipal services, land development, and similar parameters. Ms. Doyle added with the aid of the Regional Center Partnership in underwriting the cost and preparation of the report, the Municipal Self Assessment Report has been distributed to each Councilman to review.
The Municipal Plan Endorsement Advisory Committee has reviewed the Municipal Self-Assessment Report and recommends it to the Mayor and Council for approval.
Council President Scaglione asked for a motion to open the meeting for public comment.
On motion of councilman Norgalis, seconded by Councilman Albano, the meeting was open for public comment on the Plan Endorsement, Municipal Self-Assessment Report.
No one wished to speak.
On motion of councilman Norgalis, seconded by Councilman Albano, the meeting was closed for public comment.
Council discussed the report with Ms. Doyle and Mr. Ruggieri and was in consensus to discuss it further during the July 20th meeting.
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Discussion Open Space Referendum |
Council President Scaglione summarized the intent of Council to hold a binding referendum to continue the Open Space Trust Fund which sunsets the end of this year in order for the Township to continue to be considered to receive grant money from the State Council President added Council was in favor of changing the former ten year term agreement to a five year term and setting the tax levy at 01. per $100 assessed value beginning 2010 through 2014.
Allen Kurdyla, Chairman of the Open Space Committee together with members of the Committee including Beth Powers, Scott Stevens, Chris Rose, and Roger Pearly spoke in support of the referendum.
Council President Scaglione read the Ordinance by title:
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Public Hearing and Final Action Ordinance |
CONTINUATION OF PUBLIC HEARING FOR BOND ORDINANCE PROVIDING AN APPROPRIATION OF $1,300,000 FOR IMPROVEMENTS TO THE SANITARY SEWER SYSTEM
On the motion of Councilman Albano, second of Councilman Norgalis, the meeting was reopened to continue the public hearing of said ordinance from the June 15, 2009, session.
No one wished to be heard.
Mr. Bogart explained the pipe in this section is at the end of its useful life. He added the availability of stimulus money is a huge benefit and the Township has ordered three meters to best determine the flows.
Councilman Moench stated he was not satisfied with the estimated calculation of savings and could not support the project without more specific numbers.
On motion of Councilman Albano, second of Councilman Norgalis, the public hearing was closed.
The Clerk complied with all requirements of the statute as follows:
Introduced: May 28, 2009
Posted on the Township Bulletin Board
Copies made available to the general public
Published in the Township Newspaper: June 2, 2009
Planning Board Referral: N/A
Supplemental Debt
Date Received: May 28, 2009
Date Endorsed: June 3, 2009
Motion: Councilman Norgalis
Second: Councilman Albano
The vote on the forgoing resolution was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Nay
Councilman Norgalis Aye
Council President Scaglione Aye
THE ORDINANCE WAS APPROVED.
A copy of resolution #09-07-06-180 is appended to the official
Council President read the ordinance by title:
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Introduction of New Ordinance |
AN ORDINANCE AUTHORIZING A BINDING REFERENDUM, PURSUANT TO N.J.S.A. 40:12-15.7 (MUNICIPAL REFERENDUM ON TAXES) AND N.J.S.A. 40:69A-185 OF THE FAULKNER ACT, AS TO WHETHER THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF BRIDGEWATER SHOULD ADOPT AN ORDINANCE AMENDING SECTION 20-5 (FUNDING OF THE OPEN SPACE TRUST FUND) AND SECTION 20-8 (REVIEW) OF CHAPTER 20 (OPEN SPACE ADVISORY COMMITTEE) OF THE MUNICIPAL CODE OF THE TOWNSHIP OF BRIDGEWATER, COUNTY OF SOMERSET, STATE OF NEW JERSEY SO AS TO PERMIT THE CONTINUATION OF THE OPEN SPACE TRUST FUND FOR A PERIOD FIVE YEARS, EFFECTIVE WITH THE ANNUAL BUDGET OF 2010, BASED ON A TAX LEVY OF $ .01 PER $100 OF ASSESSED VALUATION FOR YEAR 2010 AND TAX LEVIES FOR EACH OF THE SUCCEEDING FOUR YEARS AS FOLLOWS:
Council further discussed the option of holding a binding referendum and in consideration of the recommendation of the Open Space Committee was in consensus to reduce the term of the tax levy agreement from ten years to a five year term at the rate of .01 per $100 assessed value for each of those years beginning in 2010 through 2014.
The Clerk set the date for public hearing as follows:
BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 20th of July, 2009, at 7:30 p.m. prevailing time on said day as the time and the Bridgewater Township Municipal Court Chambers at 100 Commons Way 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 100 Commons Way, 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.
On motion Councilman Norgalis, seconded by Councilman Hsing the introduction of the ordinance was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-07-06-181 is appended to the official minutes.
On motion of Councilman Hsing, seconded by Councilman Albano, the meeting was opened to the public.
James Schenk, 17 Bujak Court, spoke in opposition to the 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 oppose the applicant’s request. Mr. Schenk added the community is concerned with regard to safety and health.
No one else wished to speak.
On motion of Councilman Albano, seconded by Councilman Norgalis, the meeting was closed for public comment.
AUTHORIZING CHANGE ORDER NO. 21 IN THE SUM OF $105,524 FOR THE ALTERATIONS/ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT INCREASING THE CONTRACT PRICE FROM THE AMENDED PRICE OF $19,699,076.77 TO $19,804,600.77 WHICH IS A 0.56% INCREASE AND A TOTAL 4.41% INCREASE
AUTHORIZING CHANGE ORDER NO. 22 IN THE SUM OF $57,234.25 FOR THE ALTERATIONS/ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT INCREASING THE CONTRACT PRICE FROM THE AMENDED PRICE OF $19,804,600.77 TO $19,861,835.02 WHICH IS A 0.30% INCREASE AND A TOTAL 4.71% INCREASE
Matt Venanzi, Gilbane Project Manager detailed each of the PCO’s with regard to the construction of the Municipal Complex.
Councilman Hsing raised strong objections to the continuance of these change orders and requested an update on the contingency money and time line for the project.
Mr. Naples stated he can provide that information to Council.
Councilman Albano stated he reviewed these change orders on site with Mr. Venanzi and said although he recognizes the concerns of Council he does not feel the changes presented to date are frivolous or unjustified.
On motion Councilman Albano, seconded by Council President Scaglione, the foregoing resolutions were approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Nay
Councilman Moench Aye
Councilman Norgalis Nay
Council President Scaglione Aye
THE RESOLUTIONS WERE APPROVED.
Copies of resolutions #09-07-06-182 and #09-07-06-183 are appended to the official minutes.
NEW JERSEY DEPARTMENT OF TRANSPORTATION FY2010 CENTERS OF PLACE PROGRAM FINDERNE STREETSCAPE IMPROVEMENTS IN AN AMOUNT OF $420,000
Scarlett Doyle stated this grant is provided through the NJ Department of Transportation under the Center of Place Program. She presented a power point that outlined the specific elements of the Finderne Streetscape Improvement project. Ms Doyle explained the sidewalk pavers and street lights were chosen to achieve a contiguous sidewalk and streetscape design.
Council President Scaglione spoke on behalf of all with regard to the concerns that the $420,000 amount being awarded seems excessive when you look at the improvements specified and questioned whether the design streetscape could be modified to include a larger area.
One of the largest objections Council raised was there opposition to construct new sidewalks where sidewalks already exist.
Council continued to discuss this award and streetscape improvement plan at length with Ms. Doyle and Mr. Bogart.
Mr. Bogart offered that he and Ms. Doyle physically walk the area designated to gain a better perspective of the existing sidewalks and to provide Council more specifics in terms of modifying the plan.
Council formed a consensus to remove the foregoing resolution which authorizes submittal of the grant application to another meeting until a better understanding of the plan was gained.
AUTHORIZING A REFUND OF THE EXISTING TREE REPLACEMENT FUND OF MICHAEL AND CAROL TENORE RELATING TO BLOCK 907 LOTS 20.01 AND 20.02
Mr. Bogart explained the Tenores asked the Planning Board for relief from the requirement to post 21 trees and sought to have the bond returned to them because Cooks Lane is a dead end street and confirmed to be an area wooed by nature. He added the Planning Board evaluated the request and agree due to the unique circumstance the requirement for tree replacement should be waived.
On motion Council President Scaglione, seconded by Councilman Albano, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-07-06-184 is appended to the official minutes.
RECYCLING TONNAGE GRANT APPLICATION
Mr. Naples said this resolution authorizes this municipality to apply for the Recycling Tonnage Grant and will memorialize the commitment of the Township to recycling.
On motion Council President Norgalis, seconded by Councilman Albano, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-07-06-185 is appended to the official minutes.
RE-APPOINTMENT OF MARY ELLEN IANIELLO AS REGISTRAR OF VITAL STATISTICS
Council was in consensus the term expire December 31, 2009 so as to keep consistent with the appointments for the reorganization meeting.
On motion Council President Hsing, seconded by Councilman Albano, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-07-06-186 is appended to the official minutes.
AUTHORIZING AWARD OF CONTRACT PROFESSIONAL LEGAL SERVICES: CHIEF MUNICIPAL PROSECUTOR IN AN AMOUNT NOT TO EXCEED $75,000
Mr. Naples stated in response to the RFPQ, Christopher “Kip” Bateman has submitted a proposal to serve as Municipal Prosecutor for the Township through June 30, 2010, based on the compensation not to exceed $75,000
On motion Council President Albano, seconded by Councilman Hsing, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-07-06-187 is appended to the official minutes.
PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE 2009 BUDGET PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) - CLEAN COMMUNITIES IN THE AMOUNT OF $16,215.12
Mr. Naples said the Township initially received $58,790.06 and has now been awarded and received an additional amount of $16,215.12 , which totals $75,000.
On motion Council President Albano, seconded by Councilman Norgalis, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-07-06-188 is appended to the official minutes.
CERTIFICATION OF 2008 AUDIT
Council President Scaglione advised the Governing Body the group affidavit will be passed to each member for signature affirming they have read the comments and recommendations of the 2008 Audit.
On motion Council President Hsing, seconded by Councilman Albano, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-07-06-189 is appended to the official minutes.
REIMBURSEMENT OF FIRE PERMIT FEE IN THE AMOUNT OF $50 FOR THE ARC OF SOMERSET COUNTY IN CONNECTION WITH THE 7TH ANNUAL STEP IT UP FOR THE ARC WALK HELD AT DUKE ISLAND PARK ON MAY 23, 2009
WAIVER OF FIRE PERMIT FEE IN THE AMOUNT OF $100 FOR THE SOMERSET COUNTY OFFICE OF AGING IN CONNECTION WITH THE ROUND DANCING CLASSES HELD AT ADAMSVILLE AND MILLTOWN SCHOOLS
Council discussed the waiver and reimbursement of the fire permit fees and were in consensus the non-profit groups above met the requirements for approval and the events held were beneficial to the residents of the Township.
On motion Council President Albano, seconded by Councilman Norgalis, the foregoing resolutions were approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
Copies of resolution #09-07-06-190 and #09-07-06-0191 are appended to the official minutes.
AUTHORIZING SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $6,000 TO THE STATE OF NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY FOR THE OVER THE LIMIT UNDER ARREST 2009 STATEWIDE CRACKDOWN
Council President Scaglione stated the submittal of this grant application is offered by the State of NJ, Division of Highway Safety to award $6,000 for overtime DWI control.
Councilman Albano raised his ongoing concern with the tactics of this type of law enforcement.
Mr. Naples affirmed the time period for these patrols will be restricted from 8 p.m. to 4 a.m.
On motion Councilman Moench, seconded by Councilman Hsing, the foregoing resolution was approved. The vote was as follows:
Councilman Albano Nay
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-07-06-192 is appended to the official minutes.
On the motion of Councilman Albano, second of Councilman Norgalis, Council convened in closed session at 10:10 p.m.
BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss open space and 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 Albano, second of Councilman Hsing, Council reconvened in open session at 10 p.m.
On the motion of Councilman Albano, seconded by Councilman Norgalis, the meeting adjourned at 10:15 p.m.
Respectfully Submitted,
Linda J. Doyle, RMC
Municipal Clerk
