Meeting Minutes From: 2/4/2008

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

FEBRUARY 14, 2008 AT 7:30 P.M.


1.     NOTICE OF MEETING

2.     ROLL CALL

3.     PLEDGE OF ALLEGIANCE

4.     MINUTES FOR APPROVAL

Regular Session – February 4, 2008

Closed Session – February 4, 2008

5.     TOWNSHIP COUNCIL REPORTS

6.     MAYOR’S REPORT

7.     DISCUSSION

Property Maintenance

8.     PRESENTATION

9.     PUBLIC HEARING AND FINAL ACTION ORDINANCES

a)    Amending Township Code Chapter 175 “Sewers and Sewage Disposal” Section 175-3 (Annual Sewer Use Charges)

10. INTRODUCTION OF NEW ORDINANCES

a)    Bond Ordinance Providing an Appropriation of $3,585,000 for Various Road and Drainage Improvements

b)    Bond Ordinance Providing an Appropriation of $265,000 for Public Works Equipment

c)     Calendar Year 2008 Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A. 40a: 4-45.14)

d)    Amending Chapter 4 Entitled “Administrative Organization,” Article XIV Entitled “Department of Police,” Section 4-83 Entitled “Promotions” So As To 1) Delete the Existing Sub-Section D (Miscellaneous Considerations) 2) Add a New Sub-Section D Entitled “Promotion to Captain” Which Shall Delineate the Evaluation Process for Promotion to Captain, and 3) Add a New Sub-Section E Entitled Miscellaneous Considerations

11. RESOLUTIONS

a)    Authorizing Award of Contract for Furniture and Related Items of Filing, Shelving and Storage, for the Township Municipal Buildings Complex being Constructed, with Business Furniture Inc. (“bfi”), a New Jersey State Approved Contract Vendor, Pursuant to N.J.S.A. 40a: 11-12a of the Local Public Contract Law

b)    Authorization Approving Final List of Volunteer Members of the Bridgewater First Aid and Rescue Squads Who Qualify for Contributions Under the Township LOSAP Program in the Township of Bridgewater, County of Somerset

c)     Authorizing Award of Contract for Professional Engineering/Surveying Inspection Services to Birdsall Engineering, Inc, for the Garretson Road Sidewalk Improvement Project In the Amount of $49,690

d)    Award of Contract to Trujillo Cleaning for Custodial Services of the Municipal Building in the Amount of $43,800

e)    Award of Contract to Active Disposal for Bulky Trash Collection in the Amount of $125 per Dumpster

f)      Authorizing Award of Elevator Subcode Inspection Contract to Builders Inspection Underwriters, Inc. for Private Third-Party Inspection and Plan Review Agencies in the Area of Elevator Subcode in the Amount of 48% of the DCA Department Fee for Such Services

g)    Award of Contract to G.O. Keller, Inc for the Dry Cleaning of Police Uniforms in the Amount of $54,817.55

h)    Award of Contract to Reliable Wood Products for Collection of Yard Waste in the Amount of $246,000

i)       Rejection of Bids – Animal Shelter

j)       Rejection of Bids – Police Uniforms, Shoes and Leather Gear

k)     Township of Bridgewater Strongly Opposes Adoption of Council on Affordable Housing Third Round Affordable Housing Rules and Regulations

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 – January 2008

14. CLOSED SESSION

15.   ADJOURNMENT

Revised 02/12/08

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

FEBRUARY 4, 2008                    COUNCIL CHAMBERS

The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in a regular session on Monday, February 4, 2008, at 7:30 p.m. in Council Chambers in the Municipal Annex, Bridgewater, New Jersey.

Council President Norgalis read the following announcement:

Notice of Meeting

In compliance with the Open Public Meetings Act of New Jersey, adequate notice of this meeting was provided on January 7, 2008, 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:

Robert E. Albano

Michael P. Hsing

Matthew C. Moench

Patrick Scaglione

Howard V. Norgalis

Also Present:                    Patricia Flannery, Mayor

James T. Naples, Administrator

Robert Bogart, Director of Municipal Services

Natasha Turchan, Director of Finance

Tom Forsythe, Engineering Division Manager

Scarlett Doyle, Township Planner

Allen Grant, Township Attorney

Linda J. Doyle, Township Clerk

Hector A. Herrera, Deputy Township Clerk

Council President Norgalis led the audience in the Pledge of Allegiance.

Minutes for Approval

On the motion of Councilman Albano, second of Councilman Hsing, the regular session meeting minutes of January 17, 2008, was approved.

The closed session minutes of January 17, 2008, was approved.

Council Reports

Councilman Moench reported he attended the Bridgewater-Raritan Board of Education Strategic Planning meeting last week on behalf of Mayor Flannery. He stated he participated in editing the subcommittee report on the political and economic aspects of Bridgewater.  The report will be presented to the school board on a weekend Strategic Plan Conference to be held the end of February, of which he will be participating.

Councilman Moench reminded everyone to participate in the Presidential Primary election and to vote on February 5.

Councilman Hsing reported he attended the Regional Center Partnership Plan Endorsement meeting on January 24 with Mayor Flannery and Scarlett Doyle.  The participating municipalities included Bridgewater, Somerville and Raritan.  The municipalities will submit proposals and a Citizen Advisory Committee will be formed to evaluate the plans.

Councilman Scaglione reported Township Planner Scarlett Doyle recently published a book.  It can be purchased on Amazon.com.

Councilman Albano reported he received a phone call from a resident complimenting the Animal Shelter on their rapid response and professionalism in removing a squirrel from their home.

Council President Norgalis reported he attended a breakfast meeting at the law firm of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C..  Tom Kean was the featured speaker and he gave a presentation on State issues.

Council President Norgalis reported he attended the funeral services for Cornelius Hobbs, a well respected member of the community and long-time custodian for the Bridgewater-Raritan School system.  Mr. Hobbs, 81, died in a motor vehicle accident.

Council President Norgalis stated he spoke with Assemblyman Kip Bateman on holding a meeting with Bridgewater, Raritan and the NJ Department of Transportation.   He stated Mr. Bateman agreed.  He added there were several items to discuss including the Raritan Borough Mayor Jo-Ann Liptak’s concern of not having a left turn at the Route 28 and First Avenue intersection.  Council President Norgalis stated he was concerned about the Route 202-206 and I-287 interchange.  He added the NJDOT would like also discuss closing the Route 22 u-turns.

Council President Norgalis reported he and Mayor Flannery met with Jack Ciattarelli to discuss the 9-11 dispatch issue.

Council President Norgalis added he will be reading a Dr. Seuss book entitled The Lorax to the students at Crim School later this month.

Mayor’s Report

Mayor Flannery reported she had a meeting with PSE&G regarding the clear cutting of trees along power lines.  Mayor Flannery stated she understands the need to keep power and transmission lines clear and safe but is hopeful a compromise can be reached so that no more than 5’ to 10’ of the border is cut.

Mayor Flannery reported there are events scheduled throughout the month for Mayor’s Wellness Campaign.

Mayor Flannery stated the retirement of Lieutenant Marsh last week prompted the promotion of Officer Gregory Duane to the rank of Sergeant and Sergeant Al Nicaretta to the rank of Lieutenant.

Mayor Flannery gave Council a briefing on the COAH presentation.

Discussion

FOOTHILL ROAD – MINE ROAD INTERSECTION

Councilman Albano stated the increase in traffic in this area causes frequent back ups at the Mine Road - Foothill intersection.  Councilman Albano added there is limited sight issues and recommends the Police conduct a traffic-calming study to prepare a recommendation to best alleviate the traffic flow. He suggested one consideration might be  three way stop signs.

Council and Administration were in consensus to direct the police to prepare a study.

COAH REGULATIONS

Mayor Flannery provided Council with an update of the new COAH proposed regulations which she felt would negatively affect the Township.  Mayor Flannery stated Council and residents needed to provide their input in order to prevent the passing of the proposed regulations.  Mayor Flannery stated the proposed COAH regulations would cause a huge financial and land-use impact on the Township.  She stated the proposed COAH regulations would require Bridgewater to develop 1,000 additional units and use the $6,000,000 in the trust fund  within four years.

Ms. Scarlett Doyle provided more details on the proposed state-wide COAH regulations and highlighted the main elements for advise as follows:

1. Must spend Developer Fee Trust Fund money within 4 years.

2. Growth Projection – Bridgewater must plan for growth of approximately 1,115 units per NJ League of Municipalities computed publication for all counties within the state.

3. Variety of methods to comply with the changes

4. Regulations affecting affordable housing compliance calculations.

Mayor Flannery stated she, Scarlett Doyle and Steve Rodzinak will be attending a public hearing on February 5, 2008, in Hunterdon County to put on record the objections with the proposed regulations and the negative impact for Bridgewater Township.

Council was in consensus for the legal department to prepare a strongly worded resolution in opposition to these third round rules.

Public Hearing and Final Action Ordinances

AN ORDINANCE OF THE TOWNSHIP OF BRIDGEWATER AMENDING CHAPTER 126 (LAND USE) SECTION 126-35 (SCHEDULE OF FEES), SUBSECTION A 4 (A)

On the motion of Councilman Scaglione, second of Councilman Hsing, the meeting was opened to the public on this ordinance.

No one wished to be heard.

On motion of Councilman Hsing, second of Councilman Albano, the public hearing was closed.

The Clerk complied with all requirements of the statute as follows:

Introduced: January 17, 2008

Posted on the Township Bulletin Board

Copies made available to the general public

Published in the Township newspaper: January 25, 2008

Planning Board Referral: On January 30, 2008, notice was received from the Planning Board and confirmed to be consistent with the Master Plan.

Supplemental Debt

Date Received: N/A

Date Endorsed: N/A

Motion: Councilman Moench

Second: Councilman Albano

The vote on the forgoing resolution was as follows:

Councilman Albano                      Aye

Councilman Hsing                       Aye

Councilman  Moench                   Aye

Councilman Scaglione                 Aye

Council President Norgalis           Aye

THE ORDINANCE WAS APPROVED.

A copy of resolution #08-02-04-053 is appended to the official minutes

Introduction of Ordinance

The Clerk read the following Ordinance by Title:

AMENDING TOWNSHIP CODE CHAPTER 175 “SEWERS AND SEWAGE

DISPOSAL” SECTION 175-3 (ANNUAL SEWER USE CHARGES

BE IT FURTHER RESOLVED, that the said pending ordinance be passed on first reading and advertised as required by statute fixing the 14th day of February, 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.

Ms. Turchan stated she is requesting an increase of the annual sewer rate from $330 to $399 based on the review of the Township 2008 anticipated budgetary expenditures coupled with actual SRVSA billing for 2006 of $616,273.48 billed in February 2007.  The 2007 actual billing that will be billed in February 2008 which will cause the need for the increase.

Mr. Bogart explained infiltration and inflow have had a huge impact in increasing water flows.  He stated I&I water is collected and treated within the sanitary sewer system increasing utilization expense.

Council further reviewed and discussed the increase in fees.  Councilman Moench requested additional information from Administration about illegal connections to the sanitary sewer system.

On motion of Councilman Albano, second by Councilman Scaglione, the resolution was approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Aye

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-02-04-054 is appended to the official minutes.

Resolutions

PERSON TO PERSON TRANSFER OF PLENARY RETAIL CONSUMPTION (HOTEL/MOTEL) LIQUOR LICENSE #1806-36-037-002 FROM CHICAGO HOTEL WORKS HOSPITALITY CORP. T/A SUMMERFIELD SUITES TO 44 BRIDGEWATER, LLC

Ms. Linda Doyle stated the liquor-license transfer was a corporate structure change.  She informed Council the investigative report had been approved by Detective Lawrence Boody of the Police Department.

On motion of Councilman Scaglione, second by Councilman Albano, the resolution was approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Aye

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-02-04-055 is appended to the official minutes.

APPOINTMENTS OF ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT

Council discussed the appointment of Lee Schapiro as Alternate #4 to the Board of Adjustment for a term to expire December 31, 2009.

On motion of Councilman Scaglione, second by Councilman Moench, the resolution was approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Aye

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-02-04-056 is appended to the official minutes.

AUTHORIZING RELEASE OF THE PERFORMANCE GUARANTEE, ACCEPTANCE OF THE MAINTENANCE GUARANTEE, AND ACCEPTANCE OF THE EXTENDED MAINTENANCE GUARANTEE FOR STELCO ENTERPRISES, LLC (CAR WASH) LOCATED AT 278 ROUTE 202-206 NORTH, BLOCK 407, LOT 2

Mr. Bogart found all onsite improvements were completed in accordance with the approved plans and recommended the release of the onsite performance guarantee and the acceptance of the onsite improvements. 

On motion of Councilman Albano, second by Councilman Scaglione, the resolution was approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Aye

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-02-04-057 is appended to the official minutes.

CIRCUS PERMIT – BIG APPLE CIRCUS

Ms. Linda Doyle informed Council the Code and Fire Official provided her with notification that the proper permits and fees were filed.  The Big Apple Circus will be held at the Commerce Bank, Somerset Patriots Ballpark from February 25 through March 24, 2008.

On motion of Councilman Albano, second by Councilman Hsing, the resolution was approved.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Aye

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-02-04-058 is appended to the official minutes

AUTHORIZING AWARD OF CONTRACT FOR FURNITURE AND RELATED ITEMS OF FILING, SHELVING AND STORAGE, FOR THE TOWNSHIP MUNICIPAL BUILDINGS COMPLEX BEING CONSTRUCTED, WITH BUSINESS FURNITURE INC. (“BFI”), A NEW JERSEY STATE APPROVED CONTRACT VENDOR, PURSUANT TO N.J.S.A. 40A: 11-12A OF THE LOCAL PUBLIC CONTRACT LAW

Mr. Naples and Council discussed the above referenced award of state contract.  Councilman Hsing requested the award be considered for public bid. Mr. Naples explained the state contract is not limited to one vendor and Business Furniture Inc. agreed to store the Township’s reusable furniture at no charge during the transition to the new complex offices.  Council further discussed the state contract award.  On motion of Councilman Hsing, second by Councilman Moench, Council was in consensus to table the resolution until February 14, 2008, to have the legal department clarify the specifics in the agreement.

On motion of Councilman Hsing, second by Councilman Moench, the resolution was tabled.  The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Aye

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS TABLED.

Public Comment

On motion of Councilman Albano, second of Councilman Hsing, the meeting was opened to the public.

Tom Coulter, 1201 Sherlin Drive, addressed Council regarding several of his concerns with Township policies.  He stated his concerns dated to July 2007 when he took issue with the Township property maintenance ordinance (06-44).  He stated he felt the ordinance was subjective and lacked any clear standards.  Mr. Coulter stated that in his review of this ordinance, he felt he discovered problems with Bridgewater Township administrative procedures including OPRA charges, inaccurate minutes, unreturned phone calls, lack of having the Township Council minutes on a Web site [sic] and the appearance of a resistance to public involvement.  Mr. Coulter felt, in light of his stated profession as a federal rule writer, that he was particularly well qualified to comment on this topic.  Mr. Coulter stated he has met with Mayor Flannery and Mr. Naples and was concerned they did not follow up with him after the meeting.  He also reminded Council he sent out a series of emails to each member detailing his concerns but did not receive a reply.  He stated he also called each Council member and did talk with Councilman Scaglione in person and received a return phone call from Councilman Norgalis but was not satisfied with their responses.  He indicated he had met with Assemblymen Bateman and Biondi in expressing his concern for Bridgewater ordinances. He further stated that Assemblyman Bateman had committed to writing to Mr. Savo detailing suggested changes in Bridgewater procedures.

Mr. Coulter provided Council with copies (paper and electronic) of his aforementioned emails.  He also included the minutes he felt were inaccurate.

Council President Norgalis informed Mr. Coulter that the Township consistently follows all rules and regulations set by the State of New Jersey for publishing ordinances.  Council pointed out inaccuracies in Mr. Coulter public comment.

No one else wished to be heard.  On motion of Councilman Albano, second of Councilman Scaglione, the public portion was closed.

Closed Session

On the motion of Councilman Scaglione, second of Councilman Albano, Council convened closed session at 9:50 p.m.

BE IT RESOLVED, by the Bridgewater Township Council that this body will now hold a closed meeting to discuss personnel.

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 Hsing, Council reconvened in open session at 10:04 p.m.

On motion of Councilman Albano, second of Councilman Scaglione, the meeting was adjourned at 1005 p.m.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Howard Norgalis

Council President