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
SEPTEMBER 3, 2009 AT 7 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CLOSED SESSION
Litigation and Open Space Acquisition
5. MINUTES FOR APPROVAL
Regular Session – August 17, 2009
6. TOWNSHIP COUNCIL REPORTS
7. MAYOR’S REPORT
8. PRESENTATION
Bridgewater Township Monument
9. PUBLIC HEARING AND FINAL ACTION ORDINANCE
10. INTRODUCTION OF NEW ORDINANCES
a) An Ordinance Amending Chapter 114 Entitled the “Municipal Storm Water Regulation Program,” of the Municipal Code for the Purpose of Adding an Article VIII Entitled “Fertilizer Management” for the Purpose of Regulating the Outdoor Application of Fertilizer In Order to Protect and Improve Surface Water Quality
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 Execution of a Developer’s Agreement between the Township of Bridgewater and Bridgewater Professional Group, Inc. for the Premise Known As Block 907, Lot 40.01 Located At 2003 Washington Valley Road
b) Award of State Contract to Ditschman/Flemington Ford for the Purchase of Four Ford Trucks In the Amount of $190,991
c) Waiver of Construction Permit Fee In the Amount of $255 for the Bradley Gardens Volunteer Fire Company In Connection with the Replacement of a Portion of the Roof of its Building Located at 24 Old York Road
d) Waiver of Fire Permit Fee In the Amount of $50 for the Bridgewater United Methodist Church In Connection with its Annual Homecoming Event Held at the Bridgewater United Methodist Church Located at 651 Country Club Road on September 13
e) Authorization for Fireworks Display for the Somerset Patriots Playoff Game on September 25, 2009 (rain date September 26 or October 2)
f) Authorizing Execution of a Developer’s Agreement Between the Township of Bridgewater and FNC Realty, D/B/A Kimco for the Premise Known As Block 166, Lot 6 Located At 796 Route 202
13. REPORTS
14. ADJOURNMENT
Revised 09/02/09
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
SEPTEMBER 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 Thursday, September 3, 2009, at 7 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 on August 31, 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:
Patricia Flannery, Mayor
James T. Naples, Township Administrator
Robert Bogart, Director of Municipal Services
Alan Grant, Township Attorney
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 Albano, Council convened in closed session at 7 p.m.
BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss litigation and open space 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 Albano, second of Councilman Norgalis, Council reconvened in open session at 7:30 p.m.
On motion of Councilman Norgalis, seconded by Councilman Hsing, the minutes from the regular session of August 17, 2009 was approved. The vote was as follows:
Councilman Albano Abstain
Councilman Hsing Aye
Councilman Moench Aye
Councilman Norgalis Aye
Council President Scaglione Aye
Councilman Moench reported he spoke to children attending a Yoga group ranging in ages up to sixth grade about the responsibilities of being a Councilman and about his profession as an Attorney.
Council President Scaglione reported on a Press release from the North Jersey Transportation Planning Authority. Council President highlighted projects in the local area as follows:
$35.3 M to Route 22 Chimney Rock Road Improvements
$36 M Somerville Train Station Improvements
$19.4 M towards Route 206 by-pass in Hillsborough
$19. M towards repair of the Route 206 Bridge in Montgomery
$24. M Route 287 resurfacing in Bridgewater
Mayor Flannery reported the unfortunate passing of Bridgewater resident Staff Sergeant Andy Lobosco who was killed in Afghanistan. Mayor Flannery added the service held for Sergeant Lobosco at Higgins Funeral Home in Warren was sad, emotional and patriotic.
Council President reported during the Freeholder meeting it was noted Sheriff Frank Provenzano, a former Bridgewater Police member for 20+ years and now Sherriff of Somerset County reported the Department has met all compliance regulations and standards for a consecutive 19 years.
Council President introduced Hank Anderson, President of the Central Jersey Area Local, AFL-CIO. Mr. Anderson and a few Officers of his Local briefed Council on the Postal Service’s Plan to shift mail processing operations from Kilmer in Edison to either Trenton or Kearny, NJ. Mr. Anderson and his Local strongly oppose the shifting of the processing of mail to either of these locations and feels doing so poses a serious threat to prompt and reliable mail service for the Bridgewater area.
Mr. Anderson urged the Governing Body to consider adopting a resolution voicing their opposition to the Postal Services consolidation plan.
Mayor Flannery explained $100,000 was set aside as a line item in the original construction of the Municipal Complex to have a monument designed and installed. In 2006, the Mayor assembled a group of Veterans from both the Martinsville and Bradley Gardens unit to add their input. Both groups were in agreement to keep the Chimney Rock Park Veterans Memorial and the Gulf War Veterans and 9-11 Memorial’s in their existing places as there is history and benefit to that. In 2008, she assembled another Committee including Councilman Albano and former Mayor Dowden and others to gather input and begin the process of designing the monument. Mayor Flannery stated she assigned Veronica Finlay to Chair that Committee based on her expertise in Community Organizing. In light of the economic times, it was thought best to remove this line item appropriation from the current Patock Construction contract and bid the design an installation outside.
Veronica Finley presented Council a power point outlining and detailing the area within the Courtyard and the specifics with design of the monument. Ms. Finlay introduced members of the Committee including Mayor Flannery, Councilman Bob Albano, Former Mayor James Dowden, Abby Ages, Tom Genova, John Haelig, Frieda Helmstetter and Donald Pellegrino and herself as Chair. Ms. Finlay stated the Committee was comprised of a great combination of talent with a variety of perspectives to create the concept of the monument.
Ms. Finlay added the Committee worked in coordination with MKW & Associates, Landscape Architects hired by USA Architects. MKW guided the Committee to aid in the design of the monument. After deliberation, it was decided that the project should include the entire township depicting the history of our diverse community. The wall on which the depiction will be located will be 45 feet long and 6 feet high. It will be made of poured concrete with the mural laser engraved onto 12 inch granite tiles which will then be pieced together to form the mural, somewhat like a jigsaw puzzle, and affixed to the wall.
Council President thanked the Mayor, Veronica Finlay and members of the Committee. He acknowledged them as key members of the Community. Council President requested Administration post the power point on the website.
Councilman Norgalis asked if the monument could be constructed within the $82,000 remaining in the budget. Ms. Finlay deferred to Mr. Naples who said they would have to wait for the public bid results after the design is finalized.
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Introduction of Ordinance |
AN ORDINANCE AMENDING CHAPTER 114 ENTITLED THE “MUNICIPAL STORM WATER REGULATION PROGRAM,” OF THE MUNICIPAL CODE OF THE TOWNSHIP OF BRIDGEWATER, COUNTY OF SOMERSET, STATE OF NEW JERSEY (WHICH CONTAINS 7 STORMWATER POLLUTION PREVENTION SECTIONS, COVERING SPECIFIC SUBJECTS, APPLICABLE TO EXISTING DEVELOPMENTS - ARTICLES I – VII) FOR THE PURPOSE OF ADDING AN ARTICLE VIII ENTITLEAD “FERTILIZER MANAGEMENT” FOR THE PURPOSE OF REGULATING THE OUTDOOR APPLICATION OF FERTILIZER IN ORDER TO PROTECT AND IMPROVE SURFACE WATER QUALITY
BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 21st of September, 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.
Mr. Bogart explained this ordinance is a mandatory part of the Storm Water Management Plan regulations. It involves regulating the applications of various fertilizers. Mr. Bogart explained there are some exceptions including commercial farms, newly established lawns and if the application is applied in liquid form or granular fertilizer under the surface of the ground. He added enforcements can be regulated by various departments.
Councilman Moench stated he has several issues with the ordinance and questioned the amount of leverage the Township has to modify the ordinance.
Councilman Hsing strongly opposed the penalties associated with enforcement.
Mr. Bogart advised Council e-mail the concerns to Administration and they will work together to determine what areas may be modified to incorporate Council’s sentiment.
On motion Councilman Norgalis, seconded by Councilman Albano, the foregoing resolutions were approved. The vote was as follows:
Councilman Albano Aye
Councilman Hsing Nay
Councilman Moench Nay
Councilman Norgalis Aye
Council President Scaglione Aye
THE ORDINANCE WAS INTRODUCED.
A copy of resolution #09-09-03-230 is appended to the official minutes,
On motion of Councilman Norgalis, seconded by Councilman Hsing, the meeting was opened to the public.
Jim Schenck, 17 Bujak Court, addressed Council on the proposed Omni Point cell tower application before the zoning board. Mr. Schenck said he has been reviewing the open space ordinance and the Township’s Master Plan.
Council President again relayed to Mr. Scheck the Omni Point application is currently pending before the Zoning Board. He added it would be inappropriate for Council to comment on this point, as it would be disruptive to the process.
Karen Castelon, 14 Francis Drive, questioned the Township’s intent when the property was purchased for $500,000 with funding from the Open Space Trust. Ms. Castelon asked the process of implementing a Master Plan revision and regulating ordinances already in place.
Council President stated the $500,000 purchased the development rights to the property. Council President advised the current cell tower application before the Zoning Board is requesting a variance to those regulations.
Council President Scaglione together with Councilman Moench offered public hearings on the Master Plan and ordinances that are proposed through the implementation of this plan are noticed and input from the community is welcomed.
Carmine Liuzzi, 1113 Carteret Road addressed Council on an easement located on his property. Mr. Liuzzi explained the easement is poorly designed and because it has not been maintained properly the water runs into his basement and causes damage to his property. He distributed photos of the easement showing the water flow and damage to Council.
Council President Scaglione offered the Engineer will work with Mr. Liuzzi to explore what may be done to remedy this problem.
On motion of Councilman Norgalis, seconded by Councilman Albano, the meeting was closed for public comment.
Council President Scaglione read the resolutions by title:
AUTHORIZING EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND BRIDGEWATER PROFESSIONAL GROUP, INC. FOR THE PREMISE KNOWN AS BLOCK 907, LOT 40.01 LOCATED AT 2003 WASHINGTON VALLEY ROAD
Mr. Bogart explainedthe Developer is the Owner of premises known as Lot 40.01 in Block 907 as shown on the Tax Map of the Township of Bridgewater, Somerset County, New Jersey, located at 2003 Washington Valley Road in the C-1 Commercial Zone and R-50 Residential Zone consisting of approximately 70,971 sq. ft. Mr. Bogart added the developer applied to the Zoning Board of Adjustment for Preliminary and Final Site Plan Approval with a bulk C variance and a D variance to allow a Dental Office/Professional Office in the C-1 and R-50 Zones of the Township Land Use Ordinance; and
Mr. Bogart added he recommends the developer agreement be in place as the Project will have a direct impact and effect upon certain Township roads, storm water runoff, drainage and infrastructure.
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 RESOLUTION WAS APPROVED.
A copy of resolution #09-09-03-231 is appended to the official minutes.
AWARD OF STATE CONTRACT TO DITSCHMAN/FLEMINGTON FORD FOR THE PURCHASE OF FOUR FORD TRUCKS IN THE AMOUNT OF $190,991
Council President Scaglione recused himself from discussion
Councilman Albano questioned whether other bids were solicited. Councilman Albano offered in years past State contract price was the amount plus 10% however; the savings in overhead and administrative costs often warranted the difference.
Mr. Naples stated the purchase of four 2009/10 Ford trucks; two pick-ups, one mason dump, and one utility, all with snowplows from the authorized State Contract Vendor and awarded through State Contract Numbers A73962 and A74202 under the New Jersey Cooperative Purchasing Program.
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 Abstain
THE RESOLUTION WAS APPROVED.
A copy of resolution #09-09-03-232 is appended to the official minutes.
WAIVER OF CONSTRUCTION PERMIT FEE IN THE AMOUNT OF $255 FOR THE BRADLEY GARDENS VOLUNTEER FIRE COMPANY IN CONNECTION WITH THE REPLACEMENT OF A PORTION OF THE ROOF OF ITS BUILDING LOCATED AT 24 OLD YORK ROAD
Mr. Naples stated the Bradley Gardens Volunteer Fire Company has requested that required building permit fees in the amount of $255 be waived in connection with the replacement of a portion of the roof of its building located at 24 Old York Road.
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 RESOLUTION WAS APPROVED.
A copy of resolution #09-09-03-232.1 is appended to the official minutes.
WAIVER OF FIRE PERMIT FEE IN THE AMOUNT OF $50 FOR THE BRIDGEWATER UNITED METHODIST CHURCH IN CONNECTION WITH ITS ANNUAL HOMECOMING EVENT HELD AT THE BRIDGEWATER UNITED METHODIST CHURCH LOCATED AT 651 COUNTRY CLUB ROAD ON SEPTEMBER 13
Mr. Naples stated the Bridgewater United Methodist Church has requested a waiver of fire permit fees in the amount of $50 in connection with its annual homecoming event held at the Bridgewater United Methodist Church located at 651 Country Club Road on September 13.
On motion Councilman 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.
A copy of resolution #09-09-03-233 is appended to the official minutes.
AUTHORIZATION FOR FIREWORKS DISPLAY FOR THE SOMERSET PATRIOTS PLAYOFF GAME ON SEPTEMBER 25, 2009 (RAIN DATE SEPTEMBER 26 OR OCTOBER 2)
Mr. Naples stated the Somerset Patriots Baseball Club requested an additional firework display in anticipation they participate in the play-offs.
On motion Councilman Hsing, 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 RESOLUTION WAS APPROVED.
A copy of resolution #09-09-03-234 is appended to the official minutes.
AUTHORIZING EXECUTION OF A DEVELOPERS AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND FNC REALTY, d/b/a KIMCO FOR THE PREMISE KNOWN AS BLOCK 166, LOT 6 LOCATED AT 796 ROUTE 202
Mr. Bogart stated this application was approved through the Planning Board and was the former Frank’s Nursery site.
Councilman Albano commented he was on the Planning Board when this application was presented. Councilman Albano added in the past commercial properties have had a hard time succeeding due to the traffic flow on entry and exit of the property. He added although there is a paper street off Milltown Road the new owner did not want to pursue a zoning board application to gain access.
On motion Councilman Albano, seconded by Councilman Hsing, 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.
A copy of resolution #09-09-03-235 is appended to the official minutes.
On the motion of Councilman Albano the meeting adjourned at 9:31 p.m.
Respectfully Submitted,
Linda J. Doyle, RMC
Municipal Clerk
______________________
Patrick Scaglione
Council President
