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
NOVEMBER 19, 2007 AT 7:30 P.M.
1. NOTICE OF MEETING
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MINUTES FOR APPROVAL
Regular Session – November 1, 2007
5. TOWNSHIP COUNCIL REPORTS
6. MAYOR’S REPORT
7. PRESENTATION
Ronson Court, David Stires
8. DISCUSSION
AboveNet
Property Maintenance
9. PUBLIC HEARING AND FINAL ACTION ORDINANCES
10. INTRODUCTION OF NEW ORDINANCES
11. RESOLUTIONS
a) Authorizing Acceptance of Final Change order and Hillside Avenue Roadway Improvement Project
b) Authorizing the Execution of a Lease with the Bridgewater Commons Mall, II, LLC for the Parking Lot located at Prince Rogers Park
c) 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 Highway Safety - $9,510
d) 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 Open Space - Crim Road - $275,000
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 Services - $5,000
f) Authorizing the filing of a motion with the Council on Affordable Housing (COAH), Authorizing the expenditure of Affordable Housing Trust Funds to subsidize nine units of Affordable Housing to be constructed by Raritan Valley Habitat for Humanity and requesting waivers from the specific requirements of COAH Rules
g) Award of Contract: Prospect Avenue Road Improvements
h) Authorizing Release of the Performance Guarantee, Acceptance of Site Improvements, Acceptance of Maintenance Guarantee, Acceptance of Cash Tree Planting Guarantee, Acceptance of Bujak Court into the Road System for Milltown Meadows
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 - October 2007
14. CLOSED SESSION
15. ADJOURNMENT
Revised 11/16/07
MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL
NOVEMBER 19, 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, November 19, 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
Robert E. Albano
Also Present: Robert Bogart, Acting Township Administrator/ Director of Municipal Services
William Savo, Township Attorney
Hector A. Herrera, Deputy Township Clerk
Council President Albano led the audience in the Pledge of Allegiance.
Council President Albano invited Councilman-elect Matthew Moench to sit at the dais.
On the motion of Councilman Hsing, second of Councilman Norgalis, the regular session meeting minutes of November 1, 2007, was approved.
Councilman Hsing reported he was the new elected president of the newly formed Lyons Club of Bridgewater.
Councilman Kurdyla reported he attended the Veterans’ Day ceremony at Martinsville VFW.
Councilman Norgalis stated he attended the New Jersey League of Municipalities Conference held at Atlantic City.
Councilman Scaglione congratulated and welcomed Councilman-elect Moench to the Council.
Mr. Bogart reported there was an organized hike, as part of the Mayor’s Wellness Campaign, on the Middle Brook Trail. A naturalist accompanied the hike.
Mr. Bogart reported the police apprehended the perpetrators of a number of car break-ins. He informed Council the police department released a statement to keep the residents informed.
Mr. Bogart reported there were several “thank-you” notes she received: the Clerk’s office for their work with OPRA requests; public works for their efforts at the library; and to the Township from Temple Shalom for its help during their holiday season.
Mr. Bogart reported Mayor Flannery met with the new Department of Community Affairs Commissioner Joseph Doria at the NJLOM conference concerning COAH.
RONSON ROAD
David Stires, representing Hamamatsu Corporation (Photonics Management Corporation is the property owner) came before Council to discuss his clients request to vacate Ronson Road. He provided Council with a brief history of the surrounding area of 360 Foothill Road. He pointed out that Photonics Management Corporation owns lots 1 thru five on block 584, where Ronson Road is located. He stated that currently Ronson Road was being primarily utilized as an access road to the facility. He informed Council that Photonics Management Corporation was looking to expand its facility.
Mr. Bogart suggested Council consider preserving a roadway easement for the first section of the roadway as opposed to vacating the entire road. With this option, the Township would retain jurisdiction of the roadway and if the Township later determined the vacation cause any NJDOT conflict or emergency services disruption, it could then vacate the easement.
Council discussed the request. It was in agreement that Administration would review the request with the NJDOT and local emergency services to ensure the vacation would not conflict with future DOT plans nor disrupt emergency services ability to access the community.
ABOVENET
James Laskey of Norris, McLaughlin and Marcus, representing AboveNet Communications came before Council to discuss AboveNet’s request for authorization to install fiber optic cables on existing poles and in existing conduits located in the municipal right of way. He provided Council with background information on AboveNet and the telecommunications act that AboveNet was following. Mr. Savo stated there was a memo and resolution that were prepared by Deputy Township Attorney Ed Halpern that outlined the request. Council was in consensus to have Mr. Laskey come back to the next meeting.
PROPERTY MAINTENANCE
President Albano stated this discussion was placed on the agenda because some residents have commented that the Township’s current ordinance is insufficient. He opened the discussion on the Township’s property maintenance ordinance in relation to the ICC property maintenance code and the West Caldwell property maintenance code. Some of the Council members had not received the materials for the discussion and Council was in consensus place this discussion on a future agenda. Mr. Savo stated Mr. Halpern would review the ordinance with both handouts.
AUTHORIZING ACCEPTANCE OF FINAL CHANGE ORDER AND HILLSIDE AVENUE ROADWAY IMPROVEMENT PROJECT
Mr. Bogart informed Council this change order reduced the project by $2,001.45, thus reducing the contract amount from $300,103 to $298,101.55 (a 0.67% reduction).
On motion of Councilman Norgalis 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 #07-11-19-267 is appended to the official minutes.
AUTHORIZING THE EXECUTION OF A LEASE WITH THE BRIDGEWATER COMMONS MALL, II, LLC FOR THE PARKING LOT LOCATED AT PRINCE ROGERS PARK
Mr. Bogart informed Council this agreement was for the Bridgewater Commons Mall to use three parking lots located at the Prince Rogers Park Complex during the December holiday season. He stated the agreement called for the Bridgewater Commons Mall to pave a gravel lot in exchange for their use during the season. The other two lots, currently paved, that are adjacent to the field would be refurbished and lighted as part of the agreement.
Council reminded Mr. Bogart that the managers of the cooperative housing, located in the area of the complex, had voiced concerns of this agreement. Mr. Bogart informed Council their concerns had been addressed and mall officials would control who would be permitted to park in the affected areas.
Mr. Savo informed Council it had already authorized the lease agreement but he felt the resolution was important because it noted the lease was approved by the State House Commission and the Commissioner of the Department of Environmental Protection for a ten-year lease.
Council requested clarification on the signs for the parking lot, the type of pavement that would be used, refuse collection and a final inspection of the area at the end of the holiday season. Mr. Savo stated the placement of signs would be subject to the Township engineer; type of pavement (porous versus impervious) would depend on the underlying ground drainage conditions; and Mr. Savo would include an end-of-season inspection clause in the contract.
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 #07-11-19-268 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 HIGHWAY SAFETY - $9,510
Mr. Bogart informed Council this was part of the Safety Belt Enforcement Grant to be used primarily for additional radar equipment and to target aggressive driving. Mr. Bogart informed Council he did not know if a program had been earmarked but the funds were to be utilized for that purpose. Mr. Bogart stated he would find out the program this grant is to be used for.
Council President Albano stated he opposed this resolution because he did not see how it could enforce against aggressive driving. Council was in consensus to have Administration research this grant and determine whether the funds could be used for an alternative to just purchasing radar devices.
On the motion of Councilman Hsing, second of Councilman Scaglione, the resolution was tabled.
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 OPEN SPACE - CRIM ROAD - $275,000
Mr. Bogart informed Council this grant was for the purchase of a property adjacent to Crim Fields for Open Space.
On motion of Councilman Kurdyla, second by Councilman Norgalis, the resolution was approved. The vote was as follows:
Councilman Hsing Aye
Councilman Kurdyla Aye
Councilman Scaglione Aye
Council President Albano Aye
Acting Council President Norgalis Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-11-19-269 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 SERVICES - $5,000
Mr. Bogart informed Council the funds for this grant would be utilized for the youth drop in center as part of the Youth Development Program and the Autism Respite Program.
On motion of Councilman Scaglione, second by Councilman Norgalis, 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 #07-11-19-270 is appended to the official minutes
AUTHORIZING THE FILING OF A MOTION WITH THE COUNCIL ON AFFORDABLE HOUSING (COAH), AUTHORIZING THE EXPENDITURE OF AFFORDABLE HOUSING TRUST FUNDS N THE AMOUNT OF $315,000 TO SUBSIDIZE NINE UNITS OF AFFORDABLE HOUSING TO BE CONSTRUCTED BY RARITAN VALLEY HABITAT FOR HUMANITY AND REQUESTING WAIVERS FROM THE SPECIFIC REQUIREMENTS OF COAH RULES
Mr. Savo reviewed this Raritan Valley Habitat for Humanity project to construct nine units of affordable housing on Southside Avenue in Bridgewater. As part of the agreement, the Township would assume responsibility for a detention basin, provide curbing for the proposed development and contribute $35,000 per unit out of the Affordable Housing Trust Fund. Mr. Savo stated that because this project was not in the Township’s current spending plan, Bridgewater would have to petition COAH to waive its rules.
Councilman Hsing summarized his concerns about this project: flood plain; tree removal; and financial subsidy of this project. He stated he felt it was a good cause but a bad approach.
On motion of Councilman Norgalis, second by Councilman Scaglione, the resolution was approved. The vote was as follows:
Councilman Hsing No
Councilman Kurdyla Aye
Councilman Norgalis Aye
Councilman Scaglione Aye
Council President Albano Aye
THE RESOLUTION WAS APPROVED.
A copy of resolution #07-11-19-271 is appended to the official minutes
AWARD OF CONTRACT: PROSPECT AVENUE ROAD IMPROVEMENTS
Mr. Bogart informed Council this project was for the north end of Prospect Avenue. He stated the project was primarily paving as very little drainage work needed to be done. The contract was awarded to S. Brothers, Inc. for the amount of $151,253.
On motion of Councilman Scaglione, 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 #07-11-19-272 is appended to the official minutes
AUTHORIZING RELEASE OF THE PERFORMANCE GUARANTEE, ACCEPTANCE OF SITE IMPROVEMENTS, ACCEPTANCE OF MAINTENANCE GUARANTEE, ACCEPTANCE OF CASH TREE PLANTING GUARANTEE, ACCEPTANCE OF BUJAK COURT INTO THE ROAD SYSTEM FOR MILLTOWN MEADOWS
Mr. Bogart informed Council this was a subdivision off of Milltown Road. This resolution was to release the performance guarantee, acceptance of maintenance guarantee and accept Bujak Court into the Township road system.
Council requested Administration determine the significance of the name Bujak.
On motion of Councilman Norgalis, second by Councilman Kurdyla, 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 #07-11-19-273 is appended to the official minutes
On motion of Councilman Norgalis, second of Councilman Scaglione, the meeting was opened to the public.
Tyler Degraw, 255 Dutch Farm, and Trenton White, 880 Meadow Road, both of Boy Scout Troop 88 were at the meeting to work on their Citizenship in Community Badge.
Carol Juth, 758 Van Nest Drive, stated she appreciated that Council was reviewing the property maintenance code. She asked if Council would consider adding a hotline to the ordinance. She asked if alleged violators would be looked at by more than one official because alleged violations can be subjective. Council informed her that would be an Administrative issue because Council did not have the ability to enforce ordinances.
Ms. Juth asked if Council would consider changing gross vehicle weight regulations and prohibit one-ton box trucks from being parked on residential properties. Council stated it requested a recommendation from Administration about this concern.
Ms. Juth stated she had a neighbor who had a truck who had not left the property in over a year and she felt it was an eyesore. She also stated other municipalities were moving to eliminate permitted use.
Councilman Scaglione stated he has conducted research about this concern. He stated he felt it was reasonable to permit residents with these vehicles to park on their own property.
No one else wished to be heard. On motion of Councilman Norgalis, second of Councilman Hsing, the public portion was closed.
On motion of Councilman Norgalis, second of Councilman Scaglione, the meeting was adjourned at 8:56 p.m.
Respectfully Submitted,
Hector A. Herrera, RMC
Deputy Municipal Clerk
______________________________
Robert Albano
Council President
