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 3, 2009 AT 7:30 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MINUTES FOR APPROVAL
Regular Session – July 20, 2009
5. TOWNSHIP COUNCIL REPORTS
6. MAYOR’S REPORT
7. PRESENTATION
8. DISCUSSION
9. PUBLIC HEARING AND FINAL ACTION ORDINANCES
a) 2009 Salary and Wage
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. 23 In The Sum Of $88,985.00 For The Alterations/Additions to the Township Municipal Complex Project Decreasing the Contract Price from the Amended Price of $ 19,861,835.02 to $ 19,772,850.02 Which is a 0.47% Decrease and a Total 4.24% Increase
b) Authorizing Execution Of An Interlocal Services Agreement Between The Township Of Bridgewater And The Borough Of Bound Brook For The Provision Of Sewer Service To The Borough Of Bound Brook And Payment For The Services
c) Authorizing Execution Of An Interlocal Services Agreement Between The Township Of Bridgewater And The Borough Of Raritan For The Provision Of Sewer Service To The Borough Of Raritan And Payment For The Services
d) Authorizing Submission Of The Year 2010 Bridgewater/Raritan Municipal Alliance Request For Application With Somerset County Board Of Chosen Freeholders
e) Authorizing Release of The Cash Performance Guarantees In the amount of 14,026.88 plus any accrued Interest to the Date of Release Deposited by Amber Woods, L.L.C. to Insure that the Developer Obtained Final and Permanent Certificates of Occupancy for Residences in the Amber Woods (A/K/A Tynewick Walk) (Major Subdivision Of Old Block 2408, Lots 48, 48a, 48b, 48c, 49, 49a And 49b) Located In the Area of the Northerly Side of Vanderveer Road at Murphy Drive
f) Authorizing Release of the Cash Performance Guarantees in the amount of $11,766.95, plus any interest accrued to the Date of Release Deposited By Sunset Ridge Estates, L.L.C. To Insure that the Developer Obtained Final and Permanent Certificates of Occupancy for Residences in the Sunset Ridge Estates (Major Subdivision Of Old Block 2400, Lot 23) Located Along Sterling Drive
g) Authorizing the Partial Release of the Performance Guarantee in the sum of $411,310.80 by Acceptance of a Reduced Surety Bond (from $411,310.80 to $123,393.24) and Reduced Cash Bond (from $41,131.08 to $12,339.32) for Henry Street, American Dream Land L.L.C. (Carbone Subdivision) Block 519, Lot 13 Located on Henry Street
h) Authorizing Release of the Performance Guarantee in the sum of $557,798.94 in the form of a Letter of Credit and the Cash Portion in the amount of $61,977.66, Acceptance of the Site Improvements, Acceptance of the Maintenance Guarantees for Unimare, (Bond in the Sum of $77,197.58 and Cash in the Amount of $12,000),Block 230, Lot 7 Located on Union Avenue
i) Authorizing change order # 1, reducing the cost by $1,224 to $68,826. (approx. 1.75%), acceptance of project, release of performance bond in the sum of $70,050 and acceptance of maintenance bond in the sum of $10,324 regarding the road / drainage improvements for the Garretson Road sidewalk improvement project, phase I
j) Authorizing Change Order # 2, A $27,751.00 Reduction from $136,412.00 to $108,661 (A 20.93% Reduction), Acceptance of Project, Release of Performance Bond in the Sum of $132,605 and Acceptance of Maintenance Bond in the Sum of $16,130.00 Regarding the Morgan Lane Improvement Project, Section1
k) Authorizing Change Order # 2, A $3,712.40 Reduction from $171,812.60 to $168,100.24 (A 2.32% Reduction), Acceptance of Project, Release of Performance Bond in the Sum of $159,987.00 and Acceptance of Maintenance Bond In The Sum Of $25,215.00 Regarding The Rolling Hills Road & Country Club Road – Van Holten Intersection Road Improvement Project, Section 1
l) Authorizing Final Change Order (# 2), An Increase in the Sum Of $62,393.59 To $382,258.59 (A 7.28% Increase),Acceptance Of Project, Release of Performance Bond in the Sum of $319,865.00 and Acceptance of Maintenance Bond in the Sum of $57,339 Regarding the Road / Drainage Improvements for the Maple Street – Perry Street Road Improvement Project, Secton 1
m) Authorizing Release of the Performance Guarantee in the Sum of $1,062,890.84, (A Bond In The Sum Of $956,601.76 And Cash In The Amount of $106,298.08), Acceptance of the Site Improvements, Acceptance Of The Maintenance Guarantee In the Form of Aa Bond In the Sum of $132,861.25 For The Boys Club of New York Sports Complex, Block 807, Lots 1, 56 & 71, Located on Vosseller Avenue
13. REPORTS
14. CLOSED SESSION
Land Acquisition
15. ADJOURNMENT
Revised 08/03/09
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
AUGUST 3, 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, August 3, 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
Robert Bogart, Director of Municipal Services
William B. Savo, Township Attorney
Linda J. Doyle, Township Clerk
Council President Scaglione led the audience in the Pledge of Allegiance.
On motion of Councilman Norgalis, seconded by Councilman Hsing, the minutes from the regular session of July 20, 2009 was approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
Councilman Norgalis reported on correspondence he received from COAH with regard to Eden Woods represented by Frank Linnus who had filed an objection to the third round re petitioning that was initially rejected, refilled and accepted. Councilman Norgalis stated this will now be going to arbitration and asked the Clerk make copies and distribute them to the other members.
Councilman Norgalis attended Fifth Friday Friars on July 31st. He added the Verizon, VP spoke on the State of the State.
Councilman Norgalis reported he attended the promotion ceremony of Police Officer Manny Caravela to the rank of Captain.
Councilman Norgalis added the Open Space meeting was cancelled this month due to lack of quorum.
Councilman Albano directed his question to Mr. Savo with regard to the new legislation on COAH fees for non-residential development and th impact this would have on the Township.
Mr. Savo stated the statute does not have much impact on the Township’s responsibility and does not change the allocated numbers thus our plan is not directly affected.
Mr. Naples reported the Mayor and Veronica Finlay, Chair of the Monument Committee will be presenting Council an update on the activities for the proposed monument for the new Municipal Complex during the first Council session in September.
Mr. Naples reported Mayor Flannery and her working group attended another meeting on COAH this time, with the Governor’s Chief Council. He added the Chief Council was assigned to review the regulations this summer and provide input to the Governor for substantive change however, instead he asked the working group their thoughts.
Mr. Naples reported the Consultant for the Open Space and Recreation Plan is seeking input from staff and various boards including. Recreation, Parks and Planning and will hold a public meeting for the community to provide input. He added the Consultant will prepare a report to Council soon.
|
Public Hearing and Final Action Ordinance |
2009 SALARY AND WAGE
Council President Scaglione stated the salary & wage ordinance sets the compensation for officials and certain other employees named by title and has been reviewed and discussed by Council on the first reading.
On motion of Councilman Norgalis, seconded by Councilman Albano, the ordinance was opened for public comment.
No one wished to speak.
On motion of Councilman Albano, seconded by Councilman Norgalis, the public comment portion was closed.
The Clerk complied with all requirements of the statute as follows:
Introduced: July 20, 2009
Posted on the Township Bulletin Board
Copies made available to the general public
Published in the Township Newspaper: July 23, 2009
Planning Board Referral: N/A
Supplemental Debt
Date Received: N/A
Date Endorsed: N/A
Motion: Councilman Norgalis
Second: Councilman Albano
The vote on the forgoing resolution was as follows:
Councilman Albano Aye
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
THE ORDINANCE WAS APPROVED.
A copy of resolution #09-08-03-208.1 is appended to the official minutes.
On motion of Councilman Albano, seconded by Councilman Norgalis, the meeting was opened to the public.
Jim Schenck, 17 Bujak Court, spoke in opposition to the application before the zoning board from T Mobile to construct a cell tower on the Fierro property located on Milltown Road. Mr. Schenck directed his comments to Council asking for a more specific understanding of certain documents on the Fierro property specific to the deed and agricultural conservation plan.
Council President Scaglione advised Mr. Schenck he may want to reach out to Scott T. Parente, as he was the Township’s Deputy Attorney during those amendments to the deed
SV Krishnan, 10 Francis Drive stated the Open Space Trust Fund was established to preserve open space not for commercial use. He added the Township using the monies to fund this purchase is illegal.
Councilman Albano took umbrage to his last comment and asked he rescind his statement.
Mr. Krishnan recognized his opposition to the construction of the second cell tower is highly emotionally and agreed to withdraw his last statement.
Councilman Albano advised Mr. Krishnan to reach out to Scott Parente to further define the Township’s position on these amendments and the process in which they were applied. Councilman Albano also expressed Mr. Krishnan’s wording is not reflecting the sentiment and is not consistent with his understanding of the process.
On motion of Councilman Albano, seconded by Councilman Norgalis, the meeting was closed for public comment.
Council President Scaglione read the resolutions by title:
AUTHORIZING CHANGE ORDER NO. 23 IN THE SUM OF $88,985 FOR THE ALTERATIONS/ADDITIONS TO THE TOWNSHIP MUNICIPAL COMPLEX PROJECT DECREASING THE CONTRACT PRICE FROM THE AMENDED PRICE OF $ 19,861,835.02 TO $ 19, 772,850.02, WHICH IS A 0.47% DECREASE AND A TOTAL 4.24% INCREASE
Matt Venanzi, Gilbane Construction Manager stated he recommended the Change Order No. 23 be processed at this time for removing the remaining balance of the monument allowance from Patock’s contract. Mr. Venanzi added the market is competitive and it would be in the Township’s best interest to bid out the construction and design of the monument.
AUTHORIZING EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND THE BOROUGH OF BOUND BROOK FOR THE PROVISION OF SEWER SERVICE TO THE BOROUGH OF BOUND BROOK AND PAYMENT FOR THE SERVICES
Mr. Naples explained the Borough of Bound Brook accepts into its sanitary sewer system the sewerage from 381 dwellings located in developments known as Glen Brook Park, Chestnut Hill and Clearview Estates, the Somerset Valley Nursing Home, and three dwellings on the easterly side of Mountain Avenue located at 754 Mountain Avenue, 746 Mountain Avenue and 624 Mountain Avenue, all of which are located in the Township.
He added the Interlocal Agreement between the Township and the Borough of Bound Brook authorizes a sewer fee for the above described residents in Bridgewater that is equal to the annual sewer fee charged by the Borough of Bound Brook together with one-half of the difference in the fees charged by Bound Brook and Bridgewater.
AUTHORIZING EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND THE BOROUGH OF RARITAN FOR THE PROVISION OF SEWER SERVICE TO THE BOROUGH OF RARITAN AND PAYMENT FOR THE SERVICES
Mr. Naples stated the Township has been billing individual residents in Raritan for use of the Bridgewater Township sanitary sewer system. He added Ms. Turchan has recommended that the Township of Bridgewater bill the Borough of Raritan directly for sewer costs incurred by the Township for those residents in the Borough of Raritan.
AUTHORIZING SUBMISSION OF THE YEAR 2010 BRIDGEWATER/RARITAN MUNICIPAL ALLIANCE REQUEST FOR APPLICATION WITH SOMERSET COUNTY BOARD OF CHOSEN FREEHOLDERS
Mr. Naples stated the County of Somerset has issued a request for application which would provide $39,673, to the Township of Bridgewater in 2010 for the provision of Municipal Alliance activities for the prevention of alcoholism and drug abuse in Bridgewater Township and Raritan.
AUTHORIZING RELEASE OF THE CASH PERFORMANCE GUARANTEES IN THE AMOUNT OF 14,026.88 PLUS ANY ACCRUED INTEREST TO THE DATE OF RELEASE DEPOSITED BY AMBER WOODS, L.L.C. TO INSURE THAT THE DEVELOPER OBTAINED FINAL AND PERMANENT CERTIFICATES OF OCCUPANCY FOR RESIDENCES IN THE AMBER WOODS (A/K/A TYNEWICK WALK) (MAJOR SUBDIVISION OF OLD BLOCK 2408, LOTS 48, 48A, 48B, 48C, 49, 49A AND 49B) LOCATED IN THE AREA OF THE NORTHERLY SIDE OF VANDERVEER ROAD AT MURPHY DRIVE
Mr. Bogart stated he has reviewed the project and has determined all the requirements and work were completed and all the Final/ Permanent Certificates of Occupancy were issued. He recommends the release of the Cash Bond in the amount of $14,026.88, plus any accrued interest to the date of release.
AUTHORIZING RELEASE OF THE CASH PERFORMANCE GUARANTEES IN THE AMOUNT OF $11,766.95, PLUS ANY INTEREST ACCRUED TO THE DATE OF RELEASE DEPOSITED BY SUNSET RIDGE ESTATES, L.L.C. TO INSURE THAT THE DEVELOPER OBTAINED FINAL AND PERMANENT CERTIFICATES OF OCCUPANCY FOR RESIDENCES IN THE SUNSET RIDGE ESTATES (MAJOR SUBDIVISION OF OLD BLOCK 2400, LOT 23) LOCATED ALONG STERLING DRIVE
Mr. Bogart stated he has reviewed the project and has determined that all of the requirements and work were completed and all of the Final/ Permanent Certificates of Occupancy were issued. He recommends the release of the Cash Bond in the amount of $11,766.95, plus any accrued interest to the date.
AUTHORIZING THE PARTIAL RELEASE OF THE PERFORMANCE GUARANTEE IN THE SUM OF $411,310.80 BY ACCEPTANCE OF A REDUCED SURETY BOND (FROM $411,310.80 TO $123,393.24) AND REDUCED CASH BOND (FROM $41,131.08 TO $12,339.32) FOR HENRY STREET, AMERICAN DREAM LAND L.L.C. (CARBONE SUBDIVISION) BLOCK 519, LOT 13 LOCATED ON HENRY STREET
Mr. Bogart recommends the acceptance of the reduced Performance Guarantee from $411,310.80 to $ 123,393.24. Mr. Bogart added the Developer has submitted a reduced Surety Performance Bond in the amount of
$111,053.92 (Bond No..S11443- Consent of Reduction) from First Indemnity of America Insurance Company and the Township will retain $12,339.32 from the cash bond for the completion of the work with $28,791.76 being returned to the applicant / developer subject to the posting of any escrow fees as required.
AUTHORIZING RELEASE OF THE PERFORMANCE GUARANTEE IN THE SUM OF $557,798.94 IN THE FORM OF A LETTER OF CREDIT AND THE CASH PORTION IN THE AMOUNT OF $61,977.66, ACCEPTANCE OF THE SITE IMPROVEMENTS, ACCEPTANCE OF THE MAINTENANCE GUARANTEES FOR UNIMARE, (BOND IN THE SUM OF $77,197.58 AND CASH IN THE AMOUNT OF $12,000), BLOCK 230, LOT 7 LOCATED ON UNION AVENUE
Mr. Bogart stated he has reviewed the construction status and associated paperwork and has found that all on-site improvements have been completed in accordance with the approved plans and recommends the release of the performance guarantee and acceptance of the improvements.
AUTHORIZING CHANGE ORDER # 1, REDUCING THE COST BY $1,224 TO $68,826. (APPROX. 1.75%), ACCEPTANCE OF PROJECT, RELEASE OF PERFORMANCE BOND IN THE SUM OF $70,050 AND ACCEPTANCE OF MAINTENANCE BOND IN THE SUM OF $10,324 REGARDING THE ROAD / DRAINAGE IMPROVEMENTS FOR THE GARRETSON ROAD SIDEWALK IMPROVEMENT PROJECT, PHASE I
Mr. Bogart stated this project is now completed to his satisfaction and recommends acceptance of this project.
AUTHORIZING CHANGE ORDER # 2, A $27,751.00 REDUCTION FROM $136,412.00 TO $108,661 (A 20.93% REDUCTION), ACCEPTANCE OF PROJECT, RELEASE OF PERFORMANCE BOND IN THE SUM OF $132,605 AND ACCEPTANCE OF MAINTENANCE BOND IN THE SUM OF $16,130.00, REGARDING THE MORGAN LANE IMPROVEMENT PROJECT, SECTION1
Mr. Bogart explained the Change Orders were necessitated by the fact that “various item quantities were adjusted to suit actual as built quantities versus the bid quantities and recommends the acceptance of the project.
AUTHORIZING CHANGE ORDER # 2, A $3,712.40 REDUCTION FROM $171,812.60 TO $168,100.24 (A 2.32% REDUCTION), ACCEPTANCE OF PROJECT, RELEASE OF PERFORMANCE BOND IN THE SUM OF $159,987.00 AND ACCEPTANCE OF MAINTENANCE BOND IN THE SUM OF $25,215, REGARDING THE ROLLING HILLS ROAD & COUNTRY CLUB ROAD – VAN HOLTEN INTERSECTION ROAD IMPROVEMENT PROJECT, SECTION 1
Mr. Bogart explained the Change Orders were necessitated by the fact that “various item quantities were adjusted to suit actual as built quantities versus the bid quantities” and recommends the acceptance of this project.
AUTHORIZING FINAL CHANGE ORDER (# 2), AN INCREASE IN THE SUM OF $62,393.59 TO $382,258.59 (A 7.28% INCREASE),ACCEPTANCE OF PROJECT, RELEASE OF PERFORMANCE BOND IN THE SUM OF $319,865.00 AND ACCEPTANCE OF MAINTENANCE BOND IN THE SUM OF $57,339 REGARDING THE ROAD / DRAINAGE IMPROVEMENTS FOR THE MAPLE STREET – PERRY STREET ROAD IMPROVEMENT PROJECT, SECTON 1
Mr. Bogart explained final change order # 2 in the amount of $23,302.10, is required to adjust the estimated bid quantities to match the as built quantities, which, in turn, together with the amount of change order # 1 adjusts the estimated bid quantities to match.
AUTHORIZING RELEASE OF THE PERFORMANCE GUARANTEE IN THE SUM OF $1,062,890.84, (A BOND IN THE SUM OF $956,601.76 AND CASH IN THE AMOUNT OF $106,298.08), ACCEPTANCE OF THE SITE IMPROVEMENTS, ACCEPTANCE OF THE MAINTENANCE GUARANTEE IN THE FORM OF A BOND IN THE SUM OF $132,861.25 FOR THE BOYS CLUB OF NEW YORK SPORTS COMPLEX, BLOCK 807, LOTS 1, 56 & 71, LOCATED ON VOSSELLER AVENUE
Mr. Bogart stated this project has been reviewed and has found that all on-site improvements for the Sports Complex have been completed in accordance with the approved plans and recommends he release of the performance guarantee and acceptance of the improvements.
Council was in consensus to vote in consent on the foregoing resolutions.
On motion Councilman Norgalis, seconded by Councilman Albano, 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 RESOLUTIONS WERE APPROVED.
Copies of resolutions #09-08-03-209 through #09-08-03-221 are appended to the official minutes.
On the motion of Councilman Norgalis, second of Councilman Albano, Council convened in closed session at 8:25 p.m.
BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss land acquisition.
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 Norgalis, second of Councilman Albano, Council reconvened in open session at 8:40 p.m.
On the motion of Councilman Moench the meeting adjourned at 8:40 p.m.
Respectfully Submitted,
Linda J. Doyle, RMC
Municipal Clerk
