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 15, 2007 AT 7:30 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MINUTES FOR APPROVAL
Regular Session – October 1, 2007
5. TOWNSHIP COUNCIL REPORTS
6. MAYOR’S REPORT
7. PRESENTATION
8. DISCUSSION
9. PUBLIC HEARING AND FINAL ACTION ORDINANCES
a) An Ordinance Amending Chapter 105 of the Municipal Code Entitled “Outdoor Storage”
10. INTRODUCTION OF NEW ORDINANCES
a) Ordinance of the Township of Bridgewater Amending Chapter 126 (Land Use), Article 339 (Requirements for Specific Accessory Uses)
11. RESOLUTIONS
a) Renewal of Plenary Retail Consumption Liquor License #1806-33-018-006 Rare Hospitality International, Inc. – Special Ruling
b) Regional Center Partnership 2007 Challenge Grant Application
c) Authorizing Execution of an Interlocal Services Agreement Between the Township of Bridgewater and the Borough of Somerville for the Use of a Skate Park
d) Authorizing Execution of an Interlocal Services Agreement between the Township of Bridgewater, the Township of Breen Brook and Brandywine Senior Care, Inc. for the Provision of Sewerage Service to and the Payment thereof by “Brandywine Assisted Living Facility at Middlebrook Crossing”
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
Clerk Report - September 2007
14. CLOSED SESSION
15. ADJOURNMENT
Revised 10/12/07
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
OCTOBER 15, 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 15, 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, 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
Allen Kurdyla
Howard V. Norgalis
Patrick Scaglione (arrived at 7:42 p.m.)
Robert E. Albano
Also Present: James T. Naples, Township Administrator
William Savo, Township Attorney
Robert Bogart, Director of Municipal Services
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 Norgalis reported he and Somerset County Freeholder Rick Fontana (Bridgewater) attended a breakfast hosted by the law firm of Ventantonio & Wildenhain where President New Jersey Conference of Mayors Angelo Corradino (Manville) spoke.
Mr. Naples reported he and Councilman Scaglione met with the representatives of the animal shelter. He stated the administration is currently researching extending the size of the pad for the building. Currently the contract is set for 55’x55’ pad (roughly 3,500 ft2). The representatives requested an expansion for another 500 ft2 which they feel would give them room for future expansion.
Council President Albano acknowledged Bridgewater-Raritan Regional School Board Municipal Liaison Evan Lerner was present. Mr. Lerner informed Council and the public that the board intends hold public information sessions about the school budget throughout the year in an effort to create a smoother approval process than in the past.
Council President Albano reminded Council that Ms. Linda Doyle forwarded a copy of the property maintenance ordinance from Bernardsville. He requested Council review the ordinance and set a discussion for the November 1 meeting.
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Public Hearing and Final Action Ordinance |
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)
Councilman Hsing asked if this ordinance had been given extra notice in terms of time and coverage. Council President Albano and Ms. Doyle informed him all statutory notice requirements had been met.
On the motion of Councilman Norgalis, second of Councilman Kurdyla, the meeting was opened to the public on this ordinance.
Andrew Levin, 2 Holmes Court, requested Mr. Savo clarify the amendments to the municipal code set by this ordinance. Mr. Savo stated the municipal code did not clearly define an accessory use. He stated this proposed ordinance specifically defined cargo container and did not permit them to be an acceptable used as an accessory use in residential zones.
John Salvatore, 787 Van Nest Drive, asked if this ordinance included transportation trailers with tires to be an outdoor container or was it being considered to be like a landscaper trailer, and trailers of that nature. Mr. Savo read the portion of the ordinance that defined a cargo container to be:
a) originally, specifically or formally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities and presently utilized for those purposes or for storage of household items and/or,
b) designed for or capable of being mounted or moved on a rail car and/or,
c) designed for or capable of being mounted on a chassis or bogie for movement by truck, trailer or loaded on a ship and/or,
d) intended to or necessary, for purposes of safety, to be placed upon a foundation and, therefore, constituting an accessory structure and/or,
e) having a length greater than 10 ft. and/or,
f) being of heavy gauge steel construction, aluminum or a composite material.
Council President Albano further clarified that a legitimate, registered vehicle would not be covered by this ordinance.
Bob Vaucher, Foothill Road, asked what was the impetus of this change. Council President Albano informed him that a resident that observed there was a cargo container being used an accessory structure in Bridgewater. He stated Council did not want cargo containers to be permitted in residential areas.
Mr. Vaucher stated the Foothill Civic Association was concerned about keeping residential areas looking residential. He stated the association was currently documenting many instances where Township ordinances were not enforced. He stated the association would present this documentation to Council at the appropriate time. Council President strongly recommended that the association not wait to present this information to Council but advised him to inform the Township administration whenever the association observed a violation of a Township ordinance not being enforced.
Carol Juth, 758 Van Nest Drive, stated she did not feel this ordinance included enough enforcement and lacked clear definitions. She stated the Township should set up a hotline where residents can inform the Township of violations. She provided Council with a copy of a property maintenance ordinance from West Caldwell and suggested it be reviewed.
No one else wished to be heard and the public hearing was closed.
The Clerk read the following resolution:
Resolved that the ordinance entitled,
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)
Council reviewed and discussed this ordinance. Councilman Hsing asked about clarification of shipping containers. President Albano stated the ordinance explicitly detailed what cargo containers are, with and without wheels.
The Clerk complied with all requirements of the statue as follows:
Introduced: October1, 2007
Posted on the Township Bulletin Board
Copies made available to the general public
Published in the Township newspaper: October 4, 2007
Motion: Councilman Kurdyla
Second: Councilman Norgalis
The vote on the forgoing resolution was as follows:
Councilman Hsing Aye
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE ORDINANCE WAS APPROVED.
A copy of resolution #07-10-15-253 is appended to the official minutes
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Introduction of Ordinances |
The Clerk read the following ordinance by title:
ORDINANCE OF THE TOWNSHIP OF BRIDGEWATER AMENDING CHAPTER 126 (LAND USE), ARTICLE 339 (REQUIREMENTS FOR SPECIFIC ACCESSORY USES)
Mr. Savo informed Council the purpose of this ordinance was to require any accessory structure larger that 100 ft2 match the color of the principle structure.
Council stated this was more restrictive than was intended and further discussed the original intention of the ordinance, was to resemble residential structures in the neighborhood, versus over legislation. On the motion of Council President Albano, second of Councilman Scaglione, Council was in consensus to table the ordinance.
THE ORDINANCE WAS TABLED.
RENEWAL OF PLENARY RETAIL CONSUMPTION LIQUOR LICENSE #1806-33-018-006 RARE HOSPITALITY INTERNATIONAL, INC. – SPECIAL RULING
Ms. Linda Doyle informed Council this was a pocket license formerly held by Village Tavern in Martinsville and was last actively used on July 31, 2004. It was purchased by Kevin Dunn of Test Properties who then transferred it to Rare Hospitality International. Currently, Rare Hospitality International is searching for a premise and was granted a one-year extension to obtain an appropriate premise by the State of New Jersey.
On motion of Councilman Kurdyla, second by Councilman Hsing, the resolution was approved. The vote was as follows:
Councilman Hsing Aye
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-15-254 is appended to the official minutes.
REGIONAL CENTER PARTNERSHIP 2007 CHALLENGE GRANT APPLICATION
Mr. Naples informed Council the Township of Bridgewater is applying for a grant in the amount of $20,000 for the purpose of preparing Phase II of the Peter’s Brook Greenway that will include walking trails and biking path. The grant will pay for exploration of easements and wetland delineations to determine what is needed to continue to build the trail with grant money. Mr. Naples also pointed out where the trails would crossover Route 22.
On motion of Councilman Kurdyla, second by Councilman Hsing, the resolution was approved. The vote was as follows:
Councilman Hsing Aye
Councilman Kurdyla Nay
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-15-255 is appended to the official minutes.
AUTHORIZING EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND THE BOROUGH OF SOMERVILLE FOR THE USE OF A SKATE PARK
Mr. Naples informed Council the skate park is located on Veterans Parkway in Somerville. He stated it is a Somerville facility and the Township will contribute $1,000 for maintenance. Township residents will be permitted to utilize the facility for $10.
Mr. Savo informed Council the liability policy was held by Somerville. Mr. Naples informed Council the administration had received several requests to build a skate park in the Township. In lieu of building a new park, Mayor Flannery reached out of Mayor Gallagher to open Somerville’s facility to Bridgewater.
On motion of Councilman Norgalis, second by Councilman Scaglione, the resolution was approved. The vote was as follows:
Councilman Hsing Aye
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-15-256 is appended to the official minutes.
AUTHORIZING EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER, THE TOWNSHIP OF BREEN BROOK AND BRANDYWINE SENIOR CARE, INC. FOR THE PROVISION OF SEWERAGE SERVICE TO AND THE PAYMENT THEREOF BY “BRANDYWINE ASSISTED LIVING FACILITY AT MIDDLEBROOK CROSSING”
Mr. Savo informed Council this agreement dates back to 1997. He stated Brandywine is an assisted-living facility located on Route 22 in Bridgewater Township on the border of Green Brook Township. The facility is provided with sewer service by Green Brook because of its proximity. Brandywine has recently received approval from the Bridgewater Township Planning Board for an expansion of the assisted living facility which will also increase the capacity of the sewer lines. This new agreement incorporates the expansion of the facility and the increased sewer capacity.
On motion of Councilman Kurdyla, second by Councilman Hsing, the resolution was approved. The vote was as follows:
Councilman Hsing Aye
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-10-15-257 is appended to the official minutes.
On motion of Councilman Norgalis, second of Councilman Kurdyla, the meeting was opened to the public.
Timothy Ring, Lawton Road, addressed Council concerning the amount of money the Township spends to own and operate ambulances. He stated he estimates that the Township spends $100,000 to own and operate an ambulance. He stated that although it was a valuable and necessary service, he did not think the Township should own nor raise money for a new ambulance. He stated private companies and public organizations, including Somerset Medical Center, are willing to provide the same service at no tax-payer cost. He stated he would prefer to see these organizations be reimbursed by medical insurance companies.
He stated he objected to the health fair fund raiser on October 27 because it is was to be hosted by private companies Sports Action Recreation and Practice Hard.Com to raise funds for Bridgewater 500 Rescue Squad.
Mr. Naples informed Council he meets with the Captain of the Rescue Squads every other month and the Captains are in consensus to continue to provide the service as it currently exists. He also stated all Township employees manning booths who attend the health fair will be volunteering their time.
Carole Juth, 758 Van Nest, Martinsville, stated she objected to one-ton box trucks to be permitted to park on residential properties. She stated many other municipalities did not permit this. She also stated she felt this was an eyesore.
No one else wished to be heard. On motion of Councilman Norgalis, second of Councilman Hsing, the public portion was closed.
Council convened in closed session at 8:35 p.m.
On motion of Councilman Hsing, second of Councilman Scaglione, Council President Albano read the following resolution.
BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss contract negotiations and 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.
The vote on the foregoing resolution was as follows:
Councilman Hsing Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Councilman Kurdyla Aye
Council President Albano Aye
A copy of resolution # 07-10-15-258 is appended to the official minutes.
On motion of Councilman Scaglione, second of Councilman Norgalis, the meeting was adjourned at 9:12 p.m.
Respectfully Submitted,
Linda J. Doyle, RMC
Municipal Clerk
______________________________
Robert Albano
Council President
