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

MAY 15, 2008 AT 7:30 P.M.

1.     NOTICE OF MEETING

2.     ROLL CALL

3.     PLEDGE OF ALLEGIANCE

4.     MINUTES FOR APPROVAL

Agenda Session – May 1, 2008

Regular Session – May 5, 2008

Closed Session – May 5, 2008

5.     TOWNSHIP COUNCIL REPORTS

6.     MAYOR’S REPORT

7.     PRESENTATION

a)    Elks Presentation, Carl Welp (5/19)

8.     DISCUSSION

a)    COAH (5/15)

b)    Knightsbridge Estates, LLC (5/15)

c)     Stavola Quarry Update (5/19)

9.     2008 MUNICIPAL BUDGET

a)    Budget Amendment (5/15)

10. PUBLIC HEARING AND FINAL ACTION ORDINANCES

a)     Ordinance Authorizing Acquisition of Land Identified As Block 570, Lot 1 and Block 577, Lot 15.01 for Public Open Space for the Purchase Price of $17,410

11. INTRODUCTION OF NEW ORDINANCES

a)    An Ordinance of the Township of Bridgewater, County of Somerset, State of New Jersey, Authorizing the Sale of Certain Vacant Unimproved Property Designated as Block 581, Lot 3 to Adjoining Property Owners

b)    Amending Section 126-309.3 Entitled Senior Citizen Residential Zone

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. RESOLUTIONS

a)    Award of Contract to Tri-Form Construction, Inc for the Construction of the Somerset Regional Animal Shelter In the Amount of $602,990

b)    Authorizing Award of Professional Engineering/ Communications Technology Consulting Services Contract for the Alterations/Additions to the Municipal Complex to Metropolitan Technologies, LLC in the Amount of $21,744

c)     Hazardous Busing Agreement

d)    Authorizing Execution of a Developer’s Agreement Between the Township of Bridgewater and Gen III, LLC

e)    Dedication by Rider to Establish a Recreation Trust Fund

f)      Authorizing Execution of a License Agreement with the County of Somerset for Property Located at 2340 Route 22, in the Township of Bridgewater, Block 234, Lot 1 and Commonly Known As the E & B Building

g)    Intent of the Township of Bridgewater to Participate In Litigation Challenging the Proposed Council on Affordable Housing (“COAH”) Third Round Affordable Housing Rules

14. REPORTS

a)    Clerk Report – April 2008

15. CLOSED SESSION

16. MOTION TO SET AGENDA

17.   ADJOURNMENT

Revised 05/15/08

MINUTES OF THE BRIDGEWATER TOWNSHIP COUNCIL

MAY 15, 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, May 15, 2008, at 7:30 p.m. in Council Chambers in the Municipal Annex, Bridgewater, New Jersey.

Acting 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 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 (absent)

Also Present:                   

Patricia Flannery, Mayor

James T. Naples, Township Administrator

William B. Savo, Township Attorney

Linda J. Doyle, Township Clerk

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

BUDGET AMENDMENT

Councilman Albano stated Council President Norgalis was not able to attend this session and asked him to chair the meeting in his place.  Acting Council President Albano deferred the discussion on the budget amendment until Council President Norgalis was able to provide his input.  

On motion of Councilman Scaglione, seconded by Councilman Hsing, the budget amendment was tabled until the regular session of May 19, pending Councilman Albano and Councilman Moench providing further review and recommendations. The vote was as follows:

Councilman Albano                                Aye

Councilman Hsing                                 Aye

Councilman Moench                              Aye

Councilman Scaglione                           Aye

Council President Norgalis                     Absent

THE BUDGET AMENDMENT RESOLUTION WAS TABLED.

Acting Council President Albano stated the minutes from the agenda session meetings of May 1 2008; regular session of May 5 2008; and the closed session of May 5, 2008; are on the agenda for approval.

Councilman Scaglione reported he attended the Community Development Block Grant meeting.  Councilman Scaglione stated all disability projects (ADA) for Bridgewater were approved.

Councilman Hsing reported he attended the recent Somerset County Governing Associations dinner.  He stated Council on Affordable Housing Executive Director Lucy Voorheve was the speaker.  Councilman Hsing stated he would give his comments during the COAH discussion listed on later in the agenda.

Councilman Moench reported he attended the Ventantonio law firm open forum where New Jersey State Senator Minority Leader Tom Keane spoke on the State budget and municipal aid cuts. 

Councilman Moench reported he also attended a COAH Meeting and would also wait until that time to provide his comments.

Mayor Flannery reported she is recommending Stanley F. Rizzolo, Esq. for the position of municipal judge which requires Council’s advice and consent.  Mayor Flannery stated Mr. Rizzolo is a Bridgewater resident, has 30 years experience and is known to be ethical and knowledgeable.  She informed Council that if Mr. Rizzolo is appointed, he has agreed to accept the position at reduced salary.  Mayor Flannery requested Council set a date to interview Mr. Rizzolo.

Mayor Flannery reported COAH released the proposed amended rules which reflect a change in the number of affordable housing units for Bridgewater Township from 998 to 891.   

Mayor Flannery reported the Township’s recreation department took part in the creation and opening of a joint skate park with Somerville and Raritan.  The facility is located a Veteran’s Memorial Drive in Somerville.  She stated many Bridgewater residents were already enjoying the recreational facility.

Mayor Flannery reported the recreation department will hold its first Recreation Day at the Basilone Field on Sunday, May 18, 2008, from 1 to 4 p.m.  The event is to encourage recreation activities and programs provided by Township.

COAH

Acting Council President Albano stated the scheduled COAH discussion may be lengthy and asked it be heard later in the session.  Council was in consensus.

KNIGHTSBRIDGE ESTATES

Acting Council President Albano summarized the previous discussion on Knightsbridge.  He stated the issue was to determine whether the approval from the Board of Adjustment precluded Knightsbridge Estates from any additional variances on the subdivided property.  Councilman Moench stated he was on the Zoning Board during these applications, including the initial subdivision and the subsequent application proposing the construction of a hotel.  Councilman Moench stated the Zoning Board agreed to the initial subdivision but agreed the second application would require a variance. 

Councilmen Moench summarized the concerns of the Board which included transient person issues and hours of operation.  Councilman Moench stated it was his recollection the Board’s approval of the subdivision was based on the applicant’s stated intention the property would utilized for business and conform to the irregularly shaped lot. 

Council discussed the applicant’s proposal at length.

Councilman Scaglione and Councilman Albano recommended the Township planner review the conditional-use change of the existing ordinance to determine the best use of the property.

Councilman Moench and Councilman Hsing agreed it would be beneficial to have the Shapiro Firm, hired through grant funds to evaluate commercial property throughout the Township, review the issue prior to further discussion.

Acting Council President Albano requested the discussion be moved until Council President Norgalis was present to provide his input.  Council was in consensus.

Acting Council President Albano recommended the Knightsbridge Estate discussion remain on the Agenda for Monday, May 19, pending Council President Norgalis attendance.

On motion of Councilman Hsing, seconded by Councilman Moench, the meeting was opened to the public for comments on the Knightsbridge Estates application.

Carol Gulick, 395 Rt. 28, asked for clarification on the continuation of Knightsbridge discussion.

Acting Council President Albano stated the discussion will remain on the agenda for Monday, May 19, pending the availability of Council President Norgalis.  If he is not able to attend, the subject will be removed from the agenda and rescheduled.  Councilman Albano directed Ms. Gulick to contact the Clerk’s office or check the agenda on the website. 

John Louise, 405 Rt. 28, asked Council to consider the bigger picture for future growth of the Township and not to allow the property to be spot zoned for the construction of a hotel.  Mr. Louise stated he is not against growth and is aware the property will be developed but firmly believes this application will affect the quality of life and the property values in the area.

Michelle Louise, 405 Rt. 28, stated she is strongly opposed to the construction of the proposed hotel.  Ms. Louise requested Council consider her quality of life and safety for her children.  Ms. Louise stated the proposal will serve no benefit to the Township.  She added the proposed hotel will be obtrusive and the generator and AC units on the roof will not only be an eyesore but will they will be running day and night.

Ron Kurtz, 413 Rt. 28, read a letter written by his wife voicing opposition to the construction of the proposed Cambria Hotel.  The concerns are as follows:

1. Complete loss of privacy.
2. Increase traffic at Rt. 22 Intersection.
3. Proposed park area will be open to public not limited to hotel guest only.
4. Concerns with maintaining room capacities which in the future may house welfare recipients.
5. Loss of property value and resale of homes in that area.
6. Concerns with pollution and the contamination of wells.

Mr. Kurtz stated it could appear as if the Township was giving Knightsbridge special consideration for this project in deference to the agreement to temporarily relocate the Public Works Department to the former E&B site.

Mr. Kurtz added Len Knauer, a member of the Economic Development committee, represented the sale of this property and was the sole person who stood in favor of this proposal at the Zoning Board meeting.

Michelle Louise, 405 Rt. 28, readdressed Council stating she has spoken with realtors in the area who have a list of potential property buyers.  Ms. Louise added she had a strong feeling this will not be the only proposal for development of this lot.

No one else wished to speak.

On motion of Councilman Hsing, seconded by Councilman Scaglione, the public portion was closed.

Mayor Flannery stated for clarification the review of the Master Plan was prepared by a separate Economic Planner, not by the Economic Development Committee.  Mayor Flannery has been advised by the chairman of the Economic Development Committee that Len Knauer will not participate in any evaluation of this property.

Mr. Naples stated for clarification that the property which the Township Department of Public Works will temporary occupy basis was formerly owned by E&B and is currently owned by Somerset County.  Somerset County has offered the lease for $1 to the Township to allow public works a temporary location while a new facility is being built on the Stavola site. 

The Clerk read the following ordinance by title:

ORDINANCE AUTHORIZING ACQUISITION OF LAND IDENTIFIED AS BLOCK 570, LOT 1 AND BLOCK 577, LOT 15.01 FOR PUBLIC OPEN SPACE FOR THE PURCHASE PRICE OF $17,410

Mr. Naples stated Mr. Savo recommends Council acquire this property because it is contiguous to the Senior Center property and allows for the option to extend the parking lot in the future.

Acting Council President Albano recommended the title reflect open space recreation for clarification.

AN ORDINANCE OF THE TOWNSHIP OF BRIDGEWATER, COUNTY OF SOMERSET, STATE OF NEW JERSEY, AUTHORIZING THE SALE OF CERTAIN VACANT UNIMPROVED PROPERTY DESIGNATED AS BLOCK 581, LOT 3 TO ADJOINING PROPERTY OWNERS

Mr. Savo recused himself from this discussion due to a past relationship with the property owner.  Mr. Savo added Scott Parente, Esq. will be available to review in detail on Monday, May 19.

Mr. Savo left the room while Council discussed the above referenced property.

Acting President Albano questioned the assessed value and questioned whether the acquired properties would create conforming size lots.

Councilman Hsing asked whether the Township or Somerset County have future plans to widen the roadway.

Mr. Naples stated he will provide more information to the Council prior to the May 19 meeting.  He also informed Council Scott Parente will be present to address any further concerns.

AMENDING SECTION 126-309.3 ENTITLED SENIOR CITIZEN RESIDENTIAL ZONE

Mr. Savo stated although COAH has reduced the number of affordable housing units, he recommended the Township take a proactive approach and include this project.  It will provide an obligation to provide 20% affordable housing units and to include this senior housing application.

Mayor Flannery added this particular applicant intended on building more affordable units thus this requirement would not appear to be a hardship.

Councilman Scaglione requested the property owner be advised of the requirement to build a percentage of affordable housing units. 

Mr. Savo stated he will advise the property owner/applicant of this obligation.

On motion of Councilman Scaglione, seconded by Councilman Hsing, the meeting was opened to the public.

No one wished to speak.

On motion of Councilman Hsing, seconded by Councilman Moench, the meeting was closed for public comment.

DEDICATION BY RIDER TO ESTABLISH A RECREATION TRUST FUND

Mr. Naples stated Director of Finance Natasha Turchan, Superintendent of Recreation Christine Schneider, and Gregory O’Neill, Gordon Wurmstich and Donald Staffin of the recreation board were present to field any questions on the proposed Recreation Trust Fund.

Ms. Turchan explained the benefit of the proposed Recreation Trust Fund would be a dedicated fund exclusively for the soccer program.  This would allow for the program improve while utilizing its own funds and not the funds received by taxpayers.

Council questioned who would be responsible for allocating these funds and what control would be set in place to ensure the trust fund would operate efficiently.

Council were in consensus to incorporate language in  the resolution to include, the Township will be reimbursed by the Trust for any expenditure associated with the expanded soccer program including overtime from the Parks Department and Recreation employees’ salary associated with the program.

AWARD OF CONTRACT TO TRI-FORM CONSTRUCTION, INC FOR THE CONSTRUCTION OF THE SOMERSET REGIONAL ANIMAL SHELTER IN THE AMOUNT OF $602,990

Mr. Naples stated the above referenced construction project was rebid and the award of contract to Tri Form Construction, Inc., as the lowest responsive bidder in the amount of $602,900, Alternate 1.  

Mr. Naples added the Township received a check donated by FASRA in the amount of $92, 500, to supplement the costs to expand the platform and include an additional 500 sq. ft.

Mr. Bogart stated the specs were sent with alternate options.  Mr. Bogart detailed the differences of each alternate proposal explaining those alternates included different building facades that would aesthetically conform to the new Municipal Complex.

AUTHORIZING AWARD OF PROFESSIONAL ENGINEERING/ COMMUNICATIONS TECHNOLOGY CONSULTING SERVICES CONTRACT FOR THE ALTERATIONS/ADDITIONS TO THE MUNICIPAL COMPLEX TO METROPOLITAN TECHNOLOGIES, LLC IN THE AMOUNT OF $21,744

Mr. Naples explained this award to Metropolitan Technologies, Inc. is to provide technological consulting services in the amount of $21,744.  Mr. Naples added Metropolitan Technologies will review construction documents and make recommendations on the systems we should use for the new municipal complex.  It will also develop necessary specifications for obtaining a vendor to supply the necessary equipment.

Councilman Hsing asked Mr. Savo to incorporate a provision into the agreement to ensure Metropolitan technologies will not benefit either as a subsidiary or in any affiliation to the successful bidder for hardware.

HAZARDOUS BUSING AGREEMENT

Mr. Naples informed Council the Hazardous Busing Agreement increased $20,000, this year and included 1800 students throughout out the Bridgewater-Raritan School district.  Mr. Naples stated the Township is continuing to search for opportunities to help eliminate and/or reduce the number of students required to receive hazardous busing through grants for sidewalks and safe routes to school programs.

AUTHORIZING EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE TOWNSHIP OF BRIDGEWATER AND GEN III, LLC

Mr. Savo stated the developer’s agreement is based on the recommendations of the Planning Board’s approval resolution to ensure compliance, provide rights of enforcement and guaranty conservations easements will be remain in place.

Mr. Bogart stated the parcel is 5.87 acres with frontage on Rt. 22 west in the vicinity of Stratton Meadow Condominium’s.  He added the project will include construction of a bank, pharmacy and two commercial buildings.

AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE COUNTY OF SOMERSET FOR PROPERTY LOCATED AT 2340 ROUTE 22, IN THE TOWNSHIP OF BRIDGEWATER, BLOCK 234, LOT 1 AND COMMONLY KNOWN AS THE E & B BUILDING

Mr. Naples stated the Township is being mandated to remediate contamination at the current Public Works facility.  The department will temporary relocate of to the former E & B site, recently purchased by Somerset County. 

Mr. Naples added Somerset County is charging the Township $1 for the lease and is only requiring the Township to maintain the premise and pay utilities.  The lease agreement is for two years.  

Acting Council President Albano asked for consensus on a five minute recess. Council reconvened the meeting at 9:28.  The following members were present:

Robert E. Albano

Michael P. Hsing

Matthew C. Moench

Patrick Scaglione

INTENT OF THE TOWNSHIP OF BRIDGEWATER TO PARTICIPATE IN LITIGATION CHALLENGING THE PROPOSED COUNCIL ON AFFORDABLE HOUSING (“COAH”) THIRD ROUND AFFORDABLE HOUSING RULES

Mayor Flannery provided Council with a brief update on strategies to oppose the proposed legislation including joint participation with other municipalities who also strongly object to the proposed COAH regulations. 

Mr. Savo summarized the Township’s position.  He stated the Township is already substantially developed and it is not possible for the Township to achieve COAH calculations for future growth.  He stated the Township has already fulfilled its obligation to provide affordable housing units and feels the excess should be applied to the Third Round Rules.

Mr. Savo stated the New Jersey League of Municipalities (NJLM) has expressed its intention to challenge the proposed legislation and several other municipalities have expressed an interest in retaining Stuart R. Koenig, Esq. a recognized expert in litigation involving COAH matters.  He added the NJLM estimated cost of the joint municipal action shall be $10,000 for 2008, and is requesting a $500 contribution per municipality to fund the state-wide challenge to the proposed rules.

Mr. Savo explained this resolution authorizes a Letter of Intent to join the litigation and the next resolution will authorize execution of an Interlocal Services Agreement with the Township of Clinton and other municipalities that will be participating in the litigation.

Council discussed the strategies outlined by Mr. Savo and was in consensus to move forward authorize the Letter Of Intent and join the litigation against the proposed COAH legislation

CLERK REPORT – APRIL 2008

On motion of Councilman Moench, second of Councilman Scaglione, the agenda was set for the meeting on May 19, 2008.  

On motion of Councilman Scaglione, second of Councilman Hsing, the meeting was adjourned at 9:58 pm.

Respectfully Submitted,

Linda J. Doyle, RMC

Municipal Clerk

______________________________

Robert Albano

Acting Council President