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
OCTOBER 1, 2007 AT 7:30 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MINUTES FOR APPROVAL
Regular Session – September 17, 2007
5. TOWNSHIP COUNCIL REPORTS
6. MAYOR’S REPORT
Proclamation – Bridgewater Panthers 12U
7. PRESENTATION
8. DISCUSSION
9. PUBLIC HEARING AND FINAL ACTION ORDINANCES
a) An Ordinance Amending Chapter A-226-3 of the Bridgewater Township Code
10. INTRODUCTION OF NEW ORDINANCES
a) An Ordinance Amending Chapter 105 of the Municipal Code Entitled “Outdoor Storage”
11. RESOLUTIONS
a) Authorizing Execution of a Deed of Conservation Easement and a Deed of Limited Conservation Easement in Accordance with the Granting of a “D” Variance and Preliminary and Final Site Plan Approval by the Zoning Board of Adjustment to Mulch Supply, LLC on February 7, 2006, Concerning Block 135, Lots 4 & 5 on the Bridgewater Township Tax Map
b) Performance Bond Reduction/Surety Bond Stelco Enterprises, LLC (Car Wash)
c) Authorizing Release of the Performance Guarantee, Acceptance of the Site Improvements, Acceptance of the Maintenance Guarantee and Release of the Off-Tract Contributions for Sleepy Hollow, Block 172, Lot 10
d) Authorizing Execution of an Interlocal Services Agreement between the Township of Bridgewater and the Board of Education of the Bridgewater-Raritan Regional School District for the Purpose of Utilizing Certain Facilities in Various Schools within the School District for the Operation of Various Programs of the Division of Recreation in the Department of Human Services of the Township of Bridgewater
e) Providing for the Insertion of a Special Item of Revenue in the 2007 Budget Pursuant to N.J.S.A. 40a:4-87 (Chapter 159, P.L. 1948) - 2007 Youth Athletic - $15,000
f) Renewal Of Plenary Retail Consumption Liquor License #1806-33-024-010 BC Mall Restaurant, Inc – Special Riling
g) Waiver of Fee – The American Heart Association
h) Appointment to the Library Advisory Board
i) Award of Contract: Harry Ally Memorial Park and Meadow Road Open Space Path Project
12. 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.
13. REPORTS
14. CLOSED SESSION
15. ADJOURNMENT
Revised 09/27/07
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
OCTOBER 1, 2007 COUNCIL CHAMBERS
The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in a regular session on Monday, October 1, 2007, at 7:30 p.m. in Council Chambers in the Municipal Annex, Bridgewater, New Jersey.
Council President Albano read the following announcement:
In compliance with the Open Public Meetings Act of New Jersey, adequate notice of this meeting was provided on January 5 and June 1, 2007, by sending written and electronic notice to the Courier News and The Reporter; 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:
Michael P. Hsing (absent)
Allen Kurdyla
Howard V. Norgalis
Patrick Scaglione
Robert E. Albano
Also Present: Patricia Flannery, Mayor
James T. Naples, Township Administrator
Alan Grant, Township Attorney
Thomas Forsythe, Engineering Department Manager
Linda J. Doyle, Township Clerk
Hector A. Herrera, Deputy Township Clerk
Council President Albano led the audience in the Pledge of Allegiance.
On the motion of Councilman Norgalis, second of Councilman Scaglione, the regular session meeting minutes of September 17, 2007, was approved.
Councilman Kurdyla reported he participated in the Office of Emergency drill held Sunday at the Bridgewater-Raritan High School. He stated he was impressed with the response of the Township’s emergency services and the participation of the students and faculty who acted as hostages in the drill.
Councilman Norgalis reported he and Megan Moench of the Youth Services Commission received a $5,000 grant for Youth Services from Somerset County.
Councilman Norgalis reported he participated in the John Basilone Parade in Raritan Borough on September 23.
Councilman Norgalis reported he attended the Jewish Community Center ground breaking ceremony for the center’s new addition.
Councilman Norgalis reported he also participated in Sunday’s OEM drill as an observer.
Councilman President Albano advised the public to be aware and cautious of deer during this time of year.
Mayor Flannery reported the OEM Drill was preceded by a tabletop exercise where the different scenarios of the drill were discussed by its key participants to review and assess their performance.
Mayor Flannery reported she participated in a sub committee of the New Jersey State League of Municipalities with 18 mayors to discuss school funding and property taxes.
Mayor Flannery reported the Township’s bulky trash waste site will be open this weekend.
Mayor Flannery presented a proclamation to the Bridgewater American Panthers 12 and under baseball team for winning the Middle Atlantic Regional Tournament and representing Bridgewater Township and the State of New Jersey in the 2007 Cal Ripken Baseball Major / 60 World Series. Bridgewater had hosted games at the Prince Rodgers baseball field.
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Public Hearing and Final Action Ordinance |
The clerk read the following ordinance by title:
AN ORDINANCE AMENDING CHAPTER A-226-3 (FIRE DISTRICTS) OF THE BRIDGEWATER TOWNSHIP CODE
On the motion of Councilman Norgalis, second of Councilman Scaglione, the meeting was opened to the public on this ordinance.
No one wished to be heard and the public hearing was closed.
The Clerk read the following resolution:
Resolved that the ordinance entitled,
AN ORDINANCE AMENDING CHAPTER A-226-3 (FIRE DISTRICTS) OF THE BRIDGEWATER TOWNSHIP CODE
Council reviewed and discussed this ordinance. Council President Albano stated this ordinance corrects and clarifies the official name of the Green Knoll Fire District to Fire District #3.
The Clerk complied with all requirements of the statue as follows:
Introduced: September 17, 2007
Posted on the Township Bulletin Board
Copies made available to the general public
Published in the Township newspaper: September 21, 2007
Motion: Councilman Norgalis
Second: Councilman Kurdyla
The vote on the forgoing resolution was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE ORDINANCE WAS APPROVED.
A copy of resolution #07-10-01-242 is appended to the official minutes
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Introduction of Ordinances |
The Clerk read the following ordinance by title:
AN ORDINANCE OF THE TOWNSHIP OF BRIDGEWATER 1) AMENDING CHAPTER 105 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF BRIDGEWATER ENTITLED “OUTDOOR STORAGE” SO AS TO MODIFY SECTION 105-1A (DEFINITIONS) AND ADD SECTIONS 105-1B (PURPOSE) AND 105-5B (OUTDOOR STORAGE CARGO CONTAINERS) FOR THE PURPOSE OF PROHIBITING OUTDOOR STORAGE CARGO CONTAINERS IN ALL RESIDENTIAL ZONES AND 2) AMENDING CHAPTER 126 (LAND USE), ARTICLE I (PURPOSE AND INTENT) SECTION 126-2 (DEFINITIONS; ACCESSORY USE OR STRUCTURE)
BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 15th day of October 2007, at 7:30 p.m. prevailing time on said day as the time and the Bridgewater Township Municipal Annex at 505 Route 202-206 South 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 700 Garretson Road, 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. Naples and Council further discussed specific accessory structure uses and aesthetics.
On motion of Councilman Norgalis, second of Councilman Scaglione, the foregoing resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE ORDINANCE WAS APPROVED.
A copy of resolution #07-10-01-243 will be appended to the official minutes.
AUTHORIZING EXECUTION OF A DEED OF CONSERVATION EASEMENT AND A DEED OF LIMITED CONSERVATION EASEMENT IN ACCORDANCE WITH THE GRANTING OF A “D” VARIANCE AND PRELIMINARY AND FINAL SITE PLAN APPROVAL BY THE ZONING BOARD OF ADJUSTMENT TO MULCH SUPPLY, LLC ON FEBRUARY 7, 2006, CONCERNING BLOCK 135, LOTS 4 & 5 ON THE BRIDGEWATER TOWNSHIP TAX MAP
Mr. Forsythe stated this resolution authorizes the Mayor and Clerk to execute the Deed of Conservation Easement and the Deed of Limited Conservation Easement. He explained the “D” Variance requirements and stated a substantial portion of the property is located within a flood plain thus requiring conveyance to the Township.
On motion of Councilman Norgalis, second by Councilman Scaglione, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-244 is appended to the official minutes.
PERFORMANCE BOND REDUCTION/SURETY BOND STELCO ENTERPRISES, LLC (CAR WASH)
Mr. Forsythe stated the Township Engineer recommends that the performance guarantee be reduced to $142,687.08 (30% of the initial performance guarantee) to be provided as follows: a reduction of the cash portion to $14,268.71 and a reduction in the irrevocable letter of credit to $128,418.37.
On motion of Councilman Kurdyla, second by Councilman Scaglione, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-245 is appended to the official minutes.
AUTHORIZING RELEASE OF THE PERFORMANCE GUARANTEE, ACCEPTANCE OF THE SITE IMPROVEMENTS, ACCEPTANCE OF THE MAINTENANCE GUARANTEE AND RELEASE OF THE OFF-TRACT CONTRIBUTIONS FOR SLEEPY HOLLOW, BLOCK 172, LOT 10
Mr. Forsythe stated the purpose of this resolution was to authorize the release of performance guarantee for Sleepy Hollow, Block 172, Lot 10 and accept the maintenance guarantee.
On motion of Councilman Scaglione, second by Councilman Norgalis, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-246 is appended to the official minutes.
AUTHORIZING EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND THE BOARD OF EDUCATION OF THE BRIDGEWATER-RARITAN REGIONAL SCHOOL DISTRICT FOR THE PURPOSE OF UTILIZING CERTAIN FACILITIES IN VARIOUS SCHOOLS WITHIN THE SCHOOL DISTRICT FOR THE OPERATION OF VARIOUS PROGRAMS OF THE DIVISION OF RECREATION IN THE DEPARTMENT OF HUMAN SERVICES OF THE TOWNSHIP OF BRIDGEWATER
Council and Mr. Naples discussed this Interlocal Agreement with the Bridgewater-Raritan Board of Education District. The purpose of the agreement is for the Township to utilize certain facilities in various schools for recreational activities in an amount not to exceed $34,800.
On motion of Councilman Scaglione, second by Councilman Norgalis, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-247 is appended to the official minutes.
PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE 2007 BUDGET PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) - 2007 YOUTH ATHLETIC - $15,000
Mr. Naples stated the funds are now available from the Somerset County 2007 Youth Athletic Grant Program in the amount of $15,000 and will be utilized for construction of walking paths in Harry Ally Memorial Park.
On motion of Councilman Scaglione, second by Councilman Norgalis, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-248 is appended to the official minutes.
RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE #1806-33-024-010 BC MALL RESTAURANT, INC – SPECIAL RULING
Ms. Doyle stated BC Mall Restaurant, Inc has filed and been granted a special ruling by the Director of ABC for two license terms including 2007-2008 and 2008-2009.
On motion of Councilman Scaglione, second by Councilman Norgalis, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-249 is appended to the official minutes.
WAIVER OF FEE – THE AMERICAN HEART ASSOCIATION
Council discussed the fire permit waiver and was in consensus the American Heart Association met the criteria for waiver. The fire permits were waived in the total amount of $150.
On motion of Councilman Kurdyla, second by Councilman Norgalis, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-250 is appended to the official minutes.
APPOINTMENT TO THE LIBRARY ADVISORY BOARD
Mr. Naples stated Mayor Flannery recommends Mary Kreiss-Papalski be appointed to the Library Advisory Board. Council was in consensus.
On motion of Councilman Norgalis, second by Councilman Scaglione, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-251 is appended to the official minutes.
AWARD OF CONTRACT: HARRY ALLY MEMORIAL PARK AND MEADOW ROAD OPEN SPACE PATH PROJECT
On motion of Councilman Scaglione, second by Councilman Norgalis, the resolution was approved. The vote was as follows:
Councilman Hsing Absent
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-01-252 is appended to the official minutes.
On motion of Councilman Norgalis, second of Councilman Kurdyla, the meeting was opened to the public.
Kathy Healy, 514 Jackson Avenue, Manville’s, representative to the Animal Shelter Board, addressed Council regarding her concerns for the design of the new Animal Shelter facility. Ms Healy asked to meet with Administration to further discuss the needs determined by the Animal Shelter Board on specific design options.
Mr. Naples stated he will reach out to the Animal Shelter Board to schedule a meeting.
Pat Collello, 219 Adamsville Road, representing the Animal Shelter added she would also like to express input on the design of the Animal Shelter facility to meet their specific needs.
Corina Callway, Head Animal Control Officer for the Animal Shelter expressed concern on the overall size of the pet adoption rooms and the need for office space.
Joseph Tuzinkiewicz, 303 Old York Road, addressed Council concerning his property. He stated he previously applied for and was granted a building permit regarding an accessory structure on his property. He intended to construct a foundation for the structure, use T-11 siding and install windows to make the structure more visually conform with the residential neighborhood. Mr. Tuzinkiewicz stated the permit previously granted has been rescinded and he is in the process of filing an appeal with the Construction Board of Appeals, Somerset County.
Carole Juth, 758 Van Nest, Martinsville, expressed her ongoing concerns about her neighbor’s shed infringing on her property line. Ms. Juth questioned whether her neighbor had been issued a summons.
Mr. Naples stated a summons was issued.
William Strohmeyer, 833 Carnoustie Drive, asked whether the costs for the Animal Shelter were included in the construction phase of new Municipal Complex.
Milton Schwartz, 1521 Mountaintop Road, extended a compliment to the Animal Shelter.
No one else wished to be heard.
On motion of Councilman Norgalis, second of Councilman Kurdyla, the public portion was closed.
On motion of Councilman Norgalis, second of Councilman Scaglione, the meeting was adjourned at 8:40 p.m.
Respectfully Submitted,
Linda J. Doyle, RMC
Municipal Clerk
______________________________
Robert Albano
Council President
