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 AGENDA SESSION MEETING OF

FEBRUARY 28, 2008 AT 7 P.M.

1.     NOTICE OF MEETING

2.     ROLL CALL

3.     PLEDGE OF ALLEGIANCE

4.     MINUTES FOR APPROVAL

Regular Session – February 14, 2008

Closed Session – February 14, 2008

5.     TOWNSHIP COUNCIL REPORTS

6.     MAYOR’S REPORT

Stavola Status towards 6/30/08 Completion

Municipal Complex Construction Schedule and Performance

7.     2008 MUNICIPAL BUDGET

Resolution – Introduction, First Passage, Authorization to Advertise

8.     BUDGET PRESENTATION

a)    Department of Finance

b)    Department of Human Services

9.     PUBLIC HEARING AND FINAL ACTION 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

10. INTRODUCTION OF NEW ORDINANCES

a)    Amending Chapter 175 1 Section III B Entitled “Sewers and Sewage Disposal”, Amending Trunk Connection Charges, Tap In Fees and Annual Sewer Use Charges

b)    Authorizing a Review of a Lease Agreement with the Martin Luther King Youth Center of Somerville Manor, Inc. For Certain Real Property Block 515 Lot 1 (Formerly Known As Block 4430 Lots 532, 533 and 542 Through 548) Known As 1408 Prince Rodgers Avenue

11. RESOLUTIONS

a)    Authorizing Submission of Grant Application to the State of New Jersey Department of Transportation Highway Safety Fund Program

b)    Authorizing Execution of Corrective Deed for Musialowski Open Space Acquisition Located at Washington Valley Road and Mallard Drive, Block 701, Lot 5.02

c)     Authorization to Renew Administrative Service Agreement to Qualcare, Inc., March 1, 2008, through February 28, 2009, for Fixed Reinsurance Costs Not to Exceed $446,868 and Administrative Costs for 2008 Not to Exceed $151,536

d)    Consenting to an Assignment of Contractual Rights from James Fierro to T3 Unison Site Management, LLC on 551 Milltown Road, Block 168, Lot 18 in Accordance with Easement Modification Agreement

e)    Authorizing Award of Contract to Carroll Engineering for Professional Engineering / Surveying Inspection Services for Maple Street–Perry Street Road Improvement Project, Section 2 In the Amount of $22,320

f)      2008 Somerset County Community Development Block Grant Program

g)    2008 Smart Future Planning Grant Application for $49,950 to Develop a Circulation Plan Element for the Bridgewater Master Plan

h)    Authorizing Award of Contract for Professional Planning Services to Phillips Preiss Shapiro Associates, Inc. in the Amount Not to Exceed $28,137 for Commercial Component to the Township Master Plan

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. MOTION TO SET AGENDA

16.   ADJOURNMENT

Revised 02/27/08

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

FEBRUARY 28, 2008                  COUNCIL CHAMBERS

The Township Council of the Township of Bridgewater, County of Somerset, State of New Jersey, convened in an agenda session on Thursday, February 28, 2008, at 7 p.m. in Council Chambers in the Municipal Annex, Bridgewater, New Jersey.

Council President Norgalis asked Councilman Scaglione to chair the meeting this evening as he had laryngitis.

Acting 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 7, 2008 and February 22, 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 (absent)

Matthew C. Moench

Patrick Scaglione

Howard V. Norgalis

Also Present:    James T. Naples, Township Administrator

Robert Bogart, Director of Municipal Services

Natasha Turchan, Director of Finance

Chris Poulsen, Director of Human Services

Anthony DiRado, Tax Assessor

Christine Schneider, Recreation

Rachel Vaughn, Recreation

Allen Grant, Township Attorney

Linda J. Doyle, Township Clerk

Acting Council President Scaglione led the audience in the Pledge of Allegiance.

Acting Council President Scaglione stated the minutes from the regular session meeting of February 14, 2008, and the closed session minutes of February 14, 2008, are on the March 3, 2008, agenda for approval.

Council President Norgalis reported he and Mr. Bogart attended the DEP presentation held at the B-R High School on the train issue. 

Council President Norgalis reported he read The Lorax by Dr. Seuss to the third-grade students at Crim School this week.

Council President Norgalis reported he attended a Somerset County meeting in efforts to reorganize its search and rescue team. 

Councilman Moench reported he attended the DEP presentation and complimented Mr. Bogart on articulating the Township’s position.

Mr. Naples distributed reports on the status of Stavola Site Projects for December 2007 and January 2008 and a report on the status of the Municipal Complex construction schedule and performance.

Mr. Bogart stated Stavola must move 400,000 cubic yards of dirt to grade the “thumb” in order to meet the agreed upon schedule for construction of the new public works facility.  The goal is to move an average of 67,000 yards each month.  He stated they are currently close to being on schedule.

Mr. Naples reported the Mayor Flannery attended the Mayor’s Round Table discussion hosted by Freeholder Walsh.

Mr. Naples reported he and Mayor Flannery also attended the DEP presentation.  He added they came late because of the Recreation Board meeting but heard the commentary towards the end of the session.

Mr. Poulsen provided Council with a 2008 budget presentation of the department of human services and detailed the missions and accomplishments of the divisions of health, welfare, and senior services.  Ms. Schneider and Ms. Vaughn provided Council with a budget presentation of the division of recreation.  Mr. Poulsen and Ms. Schneider discussed salaries, O&E, goals and cost efficiencies with Council.

Director of Finance Natasha Turchan provided Council with a presentation concerning the Department of Finance 2008 budget.  The presentation included budgets for the division of tax assessor and the division of the tax collect

Mr. Naples requested Council move to discuss resolutions 11c and 11h listed on the agenda because representatives and staff were present.

Council was in consensus.

AUTHORIZATION TO RENEW ADMINISTRATIVE SERVICE AGREEMENT TO QUALCARE, INC., MARCH 1, 2008, THROUGH FEBRUARY 28, 2009, FOR FIXED REINSURANCE COSTS NOT TO EXCEED $446,868 AND ADMINISTRATIVE COSTS FOR 2008 NOT TO EXCEED $151,536

Mr. Naples stated Administration is recommending the renewal of the agreement for an additional three years with QualCare for third party management.  Mr. Naples added the Township is a Chapter 88, Health Benefit Program which means the Township is self insured and pays for claims as they are submitted.   He added there is one fixed cost is reinsurance, which sets forth reimbursement to the Township for individual costs that exceed a certain level.  The other fixed cost associated with the health benefit plan is QualCare’s administrative fee.  This fee includes utilization management, claim administration and the PPO network access fee as well as account support services. 

Jaime Rick of La Fontaine & Budd. whose firm provides Risk Analysis for the Township, had previously provided a detailed letter in support of retaining QualCare. Both he and Jerry Eisenberg of QualCare were available for comment.

Councilman Albano asked the incentive of using the Medco service which supplies mail order subscriptions.

Mr. Eisenberg stated the Medco savings are reflected in the co-pays.

At the suggestion of Councilman Albano, Council further discussed the information supplied in the statement should be reviewed to incorporate a better understanding of the service performed during the appointment.

Council President Norgalis complimented Mr. Rick on the comprehensive back-up information supplied.

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

Councilman Albano                                Aye

Councilman Hsing                                 Absent

Councilman Moench                              Aye

Councilman Scaglione                           Aye

Council President Norgalis                     Aye

THE RESOLUTION WAS APPROVED.

A copy of resolution #08-02-28-077 is appended to the official minutes.

AUTHORIZING AWARD OF CONTRACT FOR PROFESSIONAL PLANNING SERVICES TO PHILLIPS PREISS SHAPIRO ASSOCIATES, INC. IN THE AMOUNT NOT TO EXCEED $28,137 FOR COMMERCIAL COMPONENT TO THE TOWNSHIP MASTER PLAN

Mr. Naples stated Economic Development Officer Howard Turbowitz, and Economic Development Committee Chairman John Schmidt were present to discuss this resolution.

Mr. Naples stated the Economic Development Office received a $28,137 grant from the Somerset County Planning Board to be used to write the commercial component to the Township’s Master Plan.

Mr. Turbowitz stated the committee independently ranked the companies and unanimously agreed to present the award to Phillips Preiss Shapiro Associates for the expertise in the field.

Mr. Schmidt stated he agreed with Mr. Turbowitz’ assessment and stated that members of the planning board will be part of the committee giving input to the final report.

Council discussed the intent of this study and the long-term revenue streams.   Council requested the Mayor’s support be reflected in the resolution.

BOND ORDINANCE PROVIDING AN APPROPRIATION OF $3,585,000 FOR VARIOUS ROAD AND DRAINAGE IMPROVEMENTS

Mr. Naples reminded Council the annual road tour is scheduled for Saturday, March 1 at 8:30 a.m.  Mr. Naples stated each project will be fully detailed on the tour.  Councilman Albano informed Council he will be unable to attend the road tour.

BOND ORDINANCE PROVIDING AN APPROPRIATION OF $265,000 FOR PUBLIC WORKS EQUIPMENT

Mr. Naples stated he provided the list and details of the equipment.

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)

Council discussed this ordinance at length during the first reading.

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

Mr. Naples reviewed the police organization and the criteria set forth for promotions to Captains.

Councilman Albano stated the ordinance seemed to limit the hiring of police captains to only in-house lieutenants.

Mr. Naples explained the criteria are set by State statute.

Councilman Albano requested a background check requirement be incorporated into the set standards for promotion.

Council further discussed the State requirement for hiring.

Mr. Naples stated language can be inserted into the ordinance to incorporate background checks and he will ask Alan Grant to review whether certain ranks are limited.

AMENDING CHAPTER 175 1 SECTION III B ENTITLED “SEWERS AND SEWAGE DISPOSAL”, AMENDING TRUNK CONNECTION CHARGES, TAP IN FEES AND ANNUAL SEWER USE CHARGES

Mr. Naples stated this amendment to ordinance #08-02, adopted on February 14, was to correct a miscalculation in the commercial metered use charges.

AUTHORIZING A REVIEW OF A LEASE AGREEMENT WITH THE MARTIN LUTHER KING YOUTH CENTER OF SOMERVILLE MANOR, INC. FOR CERTAIN REAL PROPERTY BLOCK 515 LOT 1 (FORMERLY KNOWN AS BLOCK 4430 LOTS 532, 533 AND 542 THROUGH 548) KNOWN AS 1408 PRINCE RODGERS AVENUE

Mr. Naples informed Council the agreement contains three changes from the previous agreement:

1)    the agreement will require the facility to improve the landscaping

2)    the length of the agreement will now be five years as opposed to 10 years

3)    puts the MLK facility on notice that there may more intensive use of the neighboring facilities.

Mr. Naples stated the change in the length of the contract is based on the intensity of the facility and also so the Township is not limited in its abilities to review the best use of the adjacent park property and the relationship with the MLK Center.

Council President Norgalis questioned the amount of liability insurance and stated he felt the liability amount was insufficient.

Mr. Naples stated he spoke with Jaime Rick and who informed him the language can be changed to read $1,000,000 per occurrence not per individual.  Mr. Naples stated he will review the language and have a memo prepared for Monday.

AUTHORIZING SUBMISSION OF GRANT APPLICATION TO THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY FUND PROGRAM

Mr. Naples stated the Township is applying for a State grant to acquire a four- wheel drive Dodge Durango marked police vehicle.

Acting Council President Scaglione asked whether the grant limits the type of vehicle purchased.

Mr. Naples stated the Police will be addressing the use of hybrid and electric/gas vehicles in their budget presentation.

AUTHORIZING EXECUTION OF CORRECTIVE DEED FOR MUSIALOWSKI OPEN SPACE ACQUISITION LOCATED AT WASHINGTON VALLEY ROAD AND MALLARD DRIVE, BLOCK 701, LOT 5.02

Council President Norgalis stated he reviewed the language in the corrective deed, specifically in Section B, that limits the Township’s authority to deter the public from using the property without seeking authorization from Somerset County.  He stated he felt this language limited the Township’s rights.

Mr. Naples stated he will check with Somerset County to ask whether that specific language can be stricken or adjusted.  Mr. Naples asked Mr. Grant to check whether Township Open Space is considered Park Space.

CONSENTING TO AN ASSIGNMENT OF CONTRACTUAL RIGHTS FROM JAMES FIERRO TO T3 UNISON SITE MANAGEMENT, LLC ON 551 MILLTOWN ROAD, BLOCK 168, LOT 18 IN ACCORDANCE WITH EASEMENT MODIFICATION AGREEMENT

Mr. Naples stated the Township is co-owners with Mr. Fierro on the cellular tower located at 551 Milltown Road on the Fierro property.  Mr. Fierro sold his rights (40%) to T3 Unison Site Management Company.  He has requested the Township consent to the sale.  The Township will now receive its 60% share directly from each carrier.

AUTHORIZING AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING / SURVEYING INSPECTION SERVICES FOR MAPLE STREET–PERRY STREET ROAD IMPROVEMENT PROJECT, SECTION 2 IN THE AMOUNT OF $22,320

Mr. Naples stated this award is for Section 2, of the Maple-Perry Street improvement project.  He added Carroll Engineering was the low applicant and the award was fair and open.

2008 SOMERSET COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

Mr. Naples stated our portion is for the Youth drop in centers.

2008 SMART FUTURE PLANNING GRANT APPLICATION RECONNECTING YOUR COMMUNITY

Mr. Naples stated the submission of this grant is to prepare a study for a circulation element which will allow the Township to construct walking paths, bicycle paths, sidewalks and provide safety access routes to the public.

Councilman Moench questioned allocating the use of Township money and the use of in-house personnel for this purpose.  Councilman Moench stated he would agree the program could potentially be worthwhile if this project was targeted at safe school routes that would result in taxpayer savings.  Otherwise, he did not support this program.

Council discussed the use of walkways and routes that enhance public safety.

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

No one wished to speak.

On motion of Councilman Albano, second of Councilman Scaglione, the public portion was closed.

On motion of Council President Norgalis, second of Councilman Moench, the agenda was set for the meeting on March 3, 2008, with the removal of item 11C the resolution for QualCare and changing the budget presentations to Court and the Department of Municipal Services.

Councilman Albano asked for an update on the Wear/Bruno issue.  Mr. Naples added this is a unique case and he will distribute the opinion of Judge Kelleher to Council.

On motion of Councilman Albano, second of Council President Norgalis, the meeting was adjourned at 9:45 pm.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Patrick Scaglione

Acting Council President