Township of Mahwah s22

TOWNSHIP OF MAHWAH COMBINED WORK SESSION AND PUBLIC MEETING MINUTES THURSDAY, JUNE 27, 2013

The meeting was called to order at 8:00PM by Council President Williams who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on November 26, 2012 and The Ridgewood News on November 30, 2012 stating this meeting would be held in the Council Chambers of the Richard J. Martel Municipal Center, 475 Corporate Drive, Mahwah, New Jersey on Thursday, June 27, 2013 at 8:00PM.

Notice of this meeting is posted on the Municipal Bulletin Board. The Minutes of this meeting shall be available in the Municipal Clerk’s Office once they have been approved by the Township Council.

Salute to the Flag.

MOMENT OF SILENCE FOR VETERANS AND THOSE SERVING IN THE MILITARY Moment of Silence was observed for those who served and are serving in the military both in the United States and abroad.

Present: Councilmembers DiGiulio (8:25PM), Larson, Roth, Sbarra, Spiech, Williams. Absent: Councilmember Jandris

Also present were Mayor William C. Laforet, Business Administrator Brian Campion, Township Engineer’s Associate Mike Kelly, Township Attorney Andrew Fede, and Deputy Municipal Clerk Jan Fox.

PUBLIC PORTION On a motion by Spiech, seconded by Larson, the meeting was opened to the public at 8:03PM. All in favor. Motion carried.

On a motion by Roth, seconded by Sbarra, the meeting was closed to the public at 8:04PM. All in favor. Motion carried.

WORK SESSION SUBMISSION OF BILLS AND CLAIMS Any Councilmember with questions on the Bills and Claims was asked to confer with Administration prior to the Public Meeting.

ENGINEERING (Boswell-McClave) 1a. Written Status Report – June 13 MA-59: Route 17/287 Overpass – The Township Engineer’s Associate said he called the NJDOT, today, trying to find out what the status is and get an update.

MA-1318: West Airmount Road Drainage Improvements – The Township Engineer’s Associate stated construction is to start on July 8th and be completed by September 30th.

1 Combined Work Session and Public Meeting Minutes June 27, 2013

MA-1322: Safe Routes to Schools Program – The Township Engineer’s Associate stated they submitted a Grant Application on December 30, 2011 for the installation of solar powered school zone signs on Ridge Road and Fardale Avenue. He stated they were informed they did not receive the Grant. The Township Engineer’s Associate said he submitted a Discretionary Aid Application to NJDOT on June 4, 2013.

MA1333: Macarthur Boulevard Bridge Deck Replacement – The Township Engineer’s Associate said they started staging the project and there are no major issues. There will be a pedestrian walkway.

MA1371:- 2013 Road, Curb and Sidewalk Program - The Township Engineer’s Associate feels the best way to handle this work is to do the work at night. This has been done in the past, he stated, and has worked well. He said they will be receiving bids on July 17th and want to include Bellgrove Drive but sufficient funds are not available.

Williams said he cannot understand why there are not sufficient funds to include Bellgrove Drive. The Business Administrator stated that the Bond Ordinance prepared this year only covered the full cost of Macarthur Boulevard. He stated that the estimate for Bellgrove Drive is $220,000.

Roth asked how much is in contingency. The Township Engineer’s Associate stated 10% or 15% which would allow them to only do a portion.

MA887- Island Road and East/West Ramapo Avenue Intersection Project - Spiech asked if we have a tighter timetable. The Township Engineer’s Associate said this project will probably be pushed back. He said he could recommend starting this in the summer of 2014 and will follow up on this.

Sbarra said he has received questions from residents in reference to the Bridge having two lanes open, and have asked if the walkway was closed for pedestrians and are signs posted. The Township Engineer’s Associate said he will find out and if not, will add signs.

Williams expressed disappointment in not taking care of Bellgrove Drive roads.

1b. Seminary Drive/Campgaw Road Intersection; Renewed Discussion The Township Engineer’s Associate explained the sight distance is limited and vegetation needs to be removed to increase driver visibility in this area. He said there needs to be the installation of pedestrian crosswalks, stripping and additional signage and advisory speed limit on Seminary Drive. He said the County will install the signage with a cost to the Township of $8,500. The Township will do the crosswalks and stripping. The Business Administrator stated the funding would come from the Capital Budget.

The Township Engineer’s Associate stated that they are having Rutgers proceed with the Road Safety Audit. Also, he stated, the property owners in Rio Vista will have to cut down the vegetation in their area. 2 Combined Work Session and Public Meeting Minutes June 27, 2013

Spiech mentioned that the basic problem is the speed limit on the road, and it is one of the most dangerous roads in the Township.

Roth mentioned there were site problems all over the Township.

Larson asked if the County would put down rumble strips.

Sbarra said the main cause is the speed around the curve and asked if the trees should be done first. The Township Engineer’s Associate stated there is not just a tree issue in this area. Sbarra feels it would be hard for drivers to see stripping on the road and it could be throwing money away if stripping no help.

Mayor Laforet said this area is a safety issue for any motorist who is unfamiliar with the road.

The Township Engineer’s Associate said he will ask the County to reduce the speed limit. Sbarra said it cannot hurt to reduce the speed limit.

Spiech suggested putting up a big sign, “dangerous” due to the six accidents so far this year.

Larson asked if the Department of Public Works could do the stripping. The Business Administrator said they only do paint for a single line which will not last but they can do that.

Sbarra suggested having the paint put down. The Township Engineer’s Associate agreed and said they can do that.

On a motion by Sbarra, seconded by Roth, to have the Township Engineers , speak to the County about putting up cautionary signs, about reducing speed limit, and try to work with Rio Vista to cut down vegetation and have this work done before more money is invested. Roll call vote: DiGiulio, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.

Sbarra amended his original motion, seconded by Larson, to ask the DPW to do a white stripping in the area that will alert drivers and pedestrians that something is going on. Roll call vote: DiGiulio, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.

The Business Administrator said he will ask the Township Engineer to prepare a design.

2a. Purchase of Affordable Housing Units; Policy Discussion The Township Attorney said we will talk about specific properties he recommends discussing this in Closed Session. He explained discussions have been ongoing about the 25 years of the affordable housing expiring. He said there are two

Choices: 1) acquire one or more units by purchase at the restricted price and resell to qualified buyers and putting on a 30 year restriction. 2) Not exercise this option and allow the owner to sell the unit with a splitting of 95/5 profit and the money has to be put back into the Affordable Housing Trust Fund. He said two owners are interested in selling and the Council can decide if they want to acquire the property and then sell it.

The Township Attorney feels there should be a decision made about each unit coming up for sale and decide to buy or have it go for sale. He feels this has to be done on a unit by unit basis and asked if the Council feels there should be an overall Ordinance.

Sbarra said he has concerns about the options. He said, if there is an Ordinance passed the Township can buy the unit at an affordable price but will there be enough money in the Trust Fund if we continue to purchase units. Sbarra said he needs clarity if a unit is sold at market rate and no longer an affordable housing unit, would that increase the Township’s requirement of a new affordable unit.

The Business Administrator said the units were established 25 years ago in Round I and would be different in Round 3 which we are in now. He said we have credits toward what our Round 3 will be. If a new unit is purchased, he said, and create a new unit this will satisfy a future obligation.

Sbarra asked are Round 3 obligations higher.

Roth said it depends on what the Round 3 obligation is.

The Township Attorney recommended doing a blanket ordinance for Affordable Housing purchases and a resolution done as units become available.

Williams stated there is already an Ordinance.

Sbarra suggested there should be someone on a committee who would recommend if a unit should be purchased or not.

On a motion by Spiech, seconded by Roth, Council authorized the Housing Commission to use funds to purchase this first unit at 373 Cottonwood Way and have the Township Attorney draft a resolution. Roll call vote: DiGiulio, yes; Larson, yes; Jandris, absent; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.

2b. Unfit Structure Resolution The Township Attorney stated the property is in disrepair and vacant. He said the residents in the area have passed around a petition. He further stated that in a situation like this, five signatures are needed, and then a resolution can be done and an Ordinance can be adopted. He said he will prepare an Ordinance.

The Township Attorney said the property owner will receive a notice to clean up the house and the property making it safe.

The Business Administrator said there is a two step process. One would be to address a foreclosure abandonment structure and a resolution prepared that good cause exists for the adoption of an ordinance.

Resolution shall be voted on in the Public Meeting.

3a. Certificate of Determination and Award #2013-1 (For Information Only) The Business Administrator mentioned that the Township has sold notes for sewer debt of $3,150,000.

3b. Pay to Play Compliance; W.E. Timmerman The Business Administrator said the Shared Services County Elgin Sweeper needs to be repaired. W.E. Timmerman is the only authorized Elgin Sweeper distributor.

Resolution shall be voted on in the Public Session.

3c. Phase 5 Sewer Assessment; Request for Adjustment The Business Administrator said the property owners have stated that a proposed subdivision of their two lots is not in compliance with the Township’s Zoning Ordinance. He stated that the property owners are requesting the assessment be adjusted on their two lots making one lot so there will be only one sewer.

Williams stated if the assessment is treated as one size lot we would have to know what the assessment is.

On a motion by DiGiulio, seconded by Spiech, to approve a resolution for the next Council Meeting for a total assessment of $8,600 for the two lots and in the future if something changes they will have to pay. Roll call vote: DiGiulio, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes. The Township Attorney said he will prepare a resolution for the next Council Meeting.

3d. Surplus Policy Review The Business Administrator explained passing He said the Chief Financial Officer has to come to the next Council Meeting to answer questions that are being asked.

3e. Accounting Manual; Discussion Spiech mentioned the form was changed to a minimum of two quotes instead of 3.

3f. 2013 Police Department Budget; Discussion The Business Administrator stated the Council directed Administration to contact the Police Chief on how he will handle the Overtime and manage the Patrol Salary. He said the Chief responded in a letter that the Council has.

Roth said he does not feel that the Chief’s response is what they asked for as they asked to see a plan on May 31, 2013.

Williams agreed with Roth and said he was confused as we asked for a Cost Analysis.

Roth had concerns if we would have to transfer money.

Williams asked if anyone needed more information.

Sbarra said they agreed as a group to look at the Budget this quarter and bring in the department. He said he feels the Chief’s memo says nothing. He stated that we should look at the area which is affecting the overtime.

DiGiulio said the response from the Chief is very upsetting and insinuates that the Council does not like to DARE Program or the Police Department. She said the Council is not picking on the Police Department and if the Chief is understaffed he should meet with the Council to resolve the problem. DiGiulio stated that she will read all of the Chief’s letters in public.

Spiech said the overtime was cut in the Chief’s budget.

Williams stated that the Council had agreed they would bring department heads before the Council in July.

Larson asked if the Budget called for two replacement officers that are retiring. The Business Administrator answered that they started with 51 officers and fully funded the Budget for 51. The two officers leaving, he stated will be replaced but the new hire will be at a lower rate of pay.

Sbarra asked how long it takes to replace a Police Officer. The Business Administrator stated it depends if they have to go the Police Academy for training or if they have already completed the training or they are transferring from another Township.

Sbarra suggested seeing a Staffing Plan. Mayor Laforet stated that he will get a report of the medical leaves from the Chief and give it to Sbarra tomorrow.

Larson said we are not in the micro management business to review staffing plans. Williams agreed.

Spiech said it is hard to plan and forecast when there could be unforeseen things that happen. Williams suggested going with the six month Budget Review Plan and for the Council to be clear with any questions they may want answered.

Williams said they will have the numbers for the July 11th Council Meeting.

3h. Pay to Play Compliance; Agreement with Valtek, Inc.; Auto Body Repairs; January 1, 2013 through December 31, 2013 Term Resolution to be voted on in the Public Session.

3i. Special Counsel Conflict; Mahwah Town Center, LLC by USPS vs. Mahwah Premises; Block 82, Lot 1 Resolution shall be voted on in the Public Session.

3j. Pay to Play Compliance; Environmental Renewal LLC Resolution shall be voted on in the Pubic Session.

3k. Model Highlands Exemption Ordinance The Business Administrator said the Ordinance can be adopted in Public Session as it went to the Planning and Zoning Department and there is only one minor change.

4a. Raffle Applications 1. Betsy Ross Home School Organization (On Premise, 50/50) 2. Betsy Ross home School Organization (Tricky Tray) 3. Adler Aphasia Center (Off Premise, 50/50) 4. VFW Memorial Post 7124 (Off Premise) Above-mentioned Raffle Applications were tentatively approved. Final approval shall be voted on in the Public Meeting.

4b. Amended Letter; Boswell McClave Correspondence Regarding Construction in Easement; 63 McIntosh Drive, Block 120, Lot 28; (Draft Resolution) The Township Engineer’s Associate explained the property owner was installing an in- ground swimming pool and spa on his property. This will require fencing along the drainage easement going through their front yard. The Township Engineer’s Associate stated the property owner was sent a letter that the Township will not be responsible any damage to their improvements on the easements if they have to get on the property. Roth said that Boswell wanted some soil movement things done on the property and asked if we should be issuing the conditional approval prior to these things being done. The Township Engineer’s Associate feels confident the homeowner will address these issues.

The Township Attorney said in the resolution he prepared he has put that the approval Conditioned on complying with the terms and conditions of the Township Engineer’s letter.

Resolution shall be voted on in the Public Meeting.

4c. Liquor License Renewals; 2013-14 Term Resolution shall be voted on in the Public Meeting.

4d. Kennel License Application Renewals; 2013-2014 Term Resolution shall be voted on in the Public Meeting.

PUBLIC MEETING APPROVAL OF BILLS AND CLAIMS On a motion by Spiech, seconded by Sbarra, the Bills and Claims, previously signed, 7 Combined Work Session and Public Meeting Minutes June 27, 2013

PUBLIC MEETING APPROVAL OF BILLS AND CLAIMS (continued) totaling $6,081,930.78 were approved. Roll call vote: DiGiulo, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES On a motion by Roth, seconded by Spiech, the Combined Work Session and Public Meeting Minutes of May 16, 2013, the Combined Work Session and Public Meeting of May 30, 2013, Closed Session Meeting Minutes of April 18, 2013, Closed Session Meeting Minutes of May 2, 2013, Closed Session Meeting Minutes of May 16, 2013 and Closed Session Meeting Minutes of May 30, 2013 were approved. Roll call vote: DiGiulio, yes; Jandris, absent; Larson, abstained May 16, 2013 and yes on remaining; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK TOWNSHIP COUNCIL; COMMENTS, COMMUNICIATIONS AND REPORTS OF SUB COMMITTEES DiGiulio mentioned Ella Fillapone, an Environmentalist has passed away and gave her condolences to her family.

DiGiulio said she attended the DARE Program on an invitation from the Mayor. She said she was upset as she feels the DARE Program does not want the Council there. DiGiulio said DARE is a wonderful program and they honored Officer Horn who will be hard to replace.

DiGiulio said she attended the High School graduation and said she is proud of the graduates.

Roth said he attended the Annual Ramapo College Motorcycle Run on June 21, 2013.

Roth said he attended the Senior Advisory Committee Meeting and there continues to be a varied amount of activities that the Senior Center offers.

Roth said on June 19th he attended the Beautification Committee “Circle of Freedom” fundraiser for Veterans’ Park.

Roth attended the Mahwah Class of 2013 High School Graduation. He said millions of dollars were awarded for scholarships. He thanked the Board of Education for the kind respects they accorded the Governing Body unlike the DARE Graduation he attended.

Roth said he never felt more unwelcome or been treated so ungraciously at any Township event as he did at the DARE Graduation he attended.

Roth said he was proud, though, of the graduates.

Roth said he spoke to the Mayor about the way they were treated and the Mayor agreed that the treatment was not the best.

Roth stated he attended a Retirement Luncheon for our Fire Marshall, Tom Dillon and wishes him well in his retirement.

Sbarra said he also attended the DARE Graduation as well as the High School Graduation. He thanked the Mayor for the invitations informing him about these events.

Sbarra mentioned on June 4th there was an Ordinance Committee Meeting where they discussed the Township’s Ordinances. Some of the Ordinances may have to be rewritten. He said they are meeting again on July 18th.

Spiech said he was at the Ordinance Committee Meeting and feels things will be sorted out.

Spiech said he attended the Helicopter Rescue Meeting for the Ambulance Corp. and the Fire Department. This event was presented by Hackensack Hospital. There are about six helicopter landing places so that people can be air lifted out.

Spiech mentioned he attended the Housing Commission Meeting and said the next meeting will be crowded as there is a lot to be settled.

Spiech said he was shocked to hear that Ella Fillapone passed away. She got a lot of grants and was very helpful with the report she did for the Township with the battle with Ramsey in putting the wells in the Reservation.

Spiech said he attended a Library Board Meeting and they are still looking for a way to reduce their Medical costs. He said the new air conditioners are installed in their downstairs.

Williams stated he attended the Birthday Party on June 8th for Les Paul at the Museum.

Williams said he attended the High School graduation and the Mahwah School System is turning out terrific students. He said most students go on further to college.

Williams said he also attended the fundraiser at the Mahwah Bar and Grill. This he said, was also Councilmember DiGiulio’s birthday and shared a card with the Council with DiGiulio’s picture on it from years ago.

Williams said the Recreation Committee started a Tennis Clinic.

Williams said the Annual Paddle Day will be July 9, 2013 sponsored by Ramsey Outdoor Store.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR No reports.

ORDINANCE – INTRODUCTION The title of an Ordinance was read as follows: HIGHLANDS AREA EXEMPTION ORDINANCE

RESOLUTION – ORDINANCE NO. 1725

Introduced by DiGiulio; second by Spiech

RESOLVED that the ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said ordinance be considered for final passage at a meeting to be held on August 8, 2013 at the Richard J. Martel Municipal Center, 475 Corporate Drive, Mahwah, NJ at 8:00PM.

FURTHER RESOVLED that the Municipal Clerk shall publish said ordinance with notice of introduction, passage and time and place where said ordinance will be considered for final passage.

Roll call vote: DiGiulio, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes. * * * * * ORDINANCE – PUBLIC HEARING The title of an Ordinance was read as follows: AN ORDINANCE AUTHORIZING A RIGHT OF WAY EASEMENT OVER A PORTION OF LOT 41, BLOCK 12 LOCATED ON EASTVIEW DRIVE IN THE TOWNSHIP OF MAHWAH

On a motion by Larson, seconded by Roth, the meeting was opened to the public. All in favor. Motion carried.

On a motion by Larson, seconded by Sbarra, the meeting was closed to the public. All in favor. Motion carried.

On a motion by Larson, seconded by Roth, the following resolution was passed and adopted RESOLUTION – ORDINANCE NO. 1724

RESOLVED that the Ordinance be passed and adopted on second reading and the Municipal Clerk is authorized to advertise the ordinance as having been finally adopted as required by law.

Roll call vote: DiGiuio, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes. 10 Combined Work Session and Public Meeting Minutes June 27, 2013

CONSENT AGENDA Resolutions #160-13 through #164-13, #166-13, #169-13 and #170-13 and the Raffle Applications for the Betsy Ross Home School Organization (On Premise, 50/50), Betsy Ross Home School Organization (Tricky Tray), Adler Aphasis Center (Off Premise, 50/50) and the VFW Memorial Post 7124 (Off Premise) were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolution #165-13 was removed from the Consent Agenda.

CLOSED SESSION On a motion by DiGiulio, seconded by Spiech the meeting was closed to the public at 11:50PM for the express purposes of discussing: C1. Monthly Litigation Report – June 2013 C2. Report; White Collar and Blue Collar negotiations C3. Police Grievances; Discussion C4. Tax Appeal Settlement; 40 Deerhaven Road; Block 24, Lot 6 C5. Special Counsel Labor Issues C6. Request to Refinance Mortgage; Affordable Housing All in favor. Motion carried.

On a motion by DiGiulio, seconded by Spiech, the Council returned to open session at 12:30AM. All in favor. Motion carried.

RESOLUTIONS Resolutions #167-13 and #168-13 were voted on and are attached to ad made part of these Meeting Minutes.

On a motion by Spiech, seconded by Roth, the meeting was adjourned at 12:40PM. All in favor. Motion carried.

Respectfully submitted,

Kathrine G. Coletta, RMC/CMC/MMC Municipal Clerk

Meeting Minutes Prepared and Typed by Deputy Municipal Clerk Jan Fox