Township of Mahwah s15

TOWNSHIP OF MAHWAH COMBINED WORK SESSION AND PUBLIC MEETING AGENDA THURSDAY, DECEMBER 20, 2007

The meeting was called to order at 7:30PM by Council President DiGiulio who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 14, 2007 and December 15, 2007 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, December 20, 2007 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.

Salute to Flag.

Present: Councilmembers Alderisio, DiGiulio, Kidd, Larson, Roth Absent: Councilmembers DaPuzzo, Hermansen

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Engineer Michael Kelly and Deputy Municipal Clerk Jan Fox.

PUBLIC PORTION On a motion by Alderisio, seconded by Roth, the meeting was opened to the public at 7:35PM. All in favor. Motion carried.

On a motion by Alderisio, seconded by Roth, the meeting was closed to the public at 7:36PM. 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. Hasco LLC; Edison Road and Mollie Court; Block 173, Lot 122; Request for Release of Performance Guarantee (Dkt. #469) Resolution shall be voted on in the Public Meeting.

1b. Paks Fast Service Mobil Inc.; Route 17 Southbound; Block 132, Lots 10 and 11; Request for Release of Performance Guarantee (Dkt. #1014SP) Resolution shall be voted on in the Public Meeting.

1c. Fenix Investment and Development Inc. (Campgaw Construction LLC); Campgaw Road and Meadow Lake Drive; Block 145, Lots 1 and 2; Request to Revise Resolution of Approval (Dkt. #455) Resolution shall be voted on in the Public Meeting. Combined Work Session and Public Meeting Minutes December 20, 2007 Page 2

1d. CLF Realty Company LLC and Jaclyn Elizabeth Enterprises LLC (Mahwah Honda); 97-99 Franklin Turnpike; Block 70, Lots 41 and 43; Request to Release Performance Guarantee and Authorization for Payment by the Township (Dkt. #505S) The Business Administrator said the site work has been done and the Township has an obligation to pay the agreed amount.

Resolution shall be voted on in the Public Meeting.

1e. Home Depot USA; 465 Route 17 North, Block 64, Lots 16 through 21 and Block 66, Lots 1 through 3; Authorization to Release Performance Guarantees (Dkt. #434) Resolution shall be voted on in the Public Meeting.

1f. Island Road and West Ramapo Avenue Intersection; Request for Authorization of Services The Business Administrator said the proposal for the survey work being done on Island Road and West Ramapo Avenue Intersection were discussed at a prior meeting. He has been waiting for certification that the funds were available which they are at this time.

Resolution shall be voted on in the Public Meeting.

1g. Barlo Builders and Developers Inc. (Pond View Estates Subdivision); Concord Court; Block 91, Lots 12 and 13; Request to Release Maintenance Guarantee (Dkt. #394) Resolution shall be voted on in the Public Meeting.

On a motion by Roth, seconded by Larson, the Council went into closed session at 8:10PM. All in favor. Motion carried.

On a motion by Alderisio, seconded by Roth, the Council came out of closed session at 8:35PM. All in favor. Motion carried.

PUBLIC PORTION On a motion by Roth, seconded by Alderisio, the meeting was opened to the public at 8:40PM. All in favor. Motion carried.

Mr. Richard Silvia of 822 Darlington Avenue said he still has complaints about Cipriano Landscaping and what is going on at their property. He said he is very taken aback on the Township Council and the Township Attorney’s comments that were made in the Villadom paper, stating how wonderful the property is now and there have been no complaints found anymore. Mr. Silvia feels this is an insult to him. Mr. Silvia said he Combined Work Session and Public Meeting Minutes December 20, 2007 Page 3 wanted to make Council aware that there are still continuous problems with this property. He is still seeing heavy earth moving equipment in and out of the property, spills of diesel fuel on the road and garbage is thrown out in the front from College students that are renting on his property. These are all health issues. Mr. Silvia showed Council an article from a magazine where Cipriano is advertising their landscaping.

The Township Attorney read the stipulation discussed at the last Agricultural Board Meeting on December 3, 2007 and suggested Mr. Silvia attend the next Agricultural Board Meeting on January 23, 2008, with documentation. Mr. Silvia said he did have documentation as it had been dismissed. He has been told to call the police, for the record, when there are trucks in and out which he has done.

Roth suggested our Inspector look at this property. Mayor Martel said he will check out the property with the Property Maintenance Inspector in the morning. The Township Attorney stated he will discuss this matter with his associate.

On a motion by Alderisio, seconded by Roth, the public meeting was closed at 8:55PM. All in favor. Motion carried.

LEGAL 3a. Draft Ordinances 1. Bus Stop Ordinance The Township Attorney stated these two Ordinances are in the packet for Council Review. Alderisio said he wanted to add a Bus Shelter at Stephens Lane.

Ordinance will be introduced in the Public Meeting.

2. Ordinance Detailing Trench Repair Ordinance will be introduced in the Public Meeting.

3b. Request to Install Fiber Optic Cable in Municipal Right-of-Way; AboveNet Communications The Township Attorney stated Norris McLaughlin & Marcus, PA wants to come before the Council to address the installation of fiber optic cable. Council has a copy of their letter. The Township Attorney has a lot of comments and concerns so Norris McLaughlin & Marcus asked if they could come before Council to make a presentation and discuss their plan.

Alderisio recalled the Council discussing with another company where they would be putting cable in for corporations, but not for home use, with another company. The Township Attorney said this was for large commercial users and suggested they attend the January 10, 2008 Council Meeting. Combined Work Session and Public Meeting Minutes December 20, 2007 Page 4

Roth said the Township cannot prevent them from putting this cable on the poles.

Larson suggested asking them to run a fiber optic cable from the Municipal Building to the schools in case we want to put the TV on in the future.

ADMINISTRATION 4a. Request for Easement; East View Drive; Block 11, Lots 31, 32 and 33 Attorney Bruce Whitaker and his client Rich Marchesi were present. Mr. Whitaker supplied maps of Mr. Marchesi’s property where he is constructing a home. They are making a request for an easement onto the Township’s property so they can get to the existing roadway which is not a right-of-way. This would allow them to cross the roadway and the easement would have some conditions in it. If the other roadway was ever developed on the right-of-way where it is supposed to be than this road would be extinguished. Mr. Whitaker said Mr. Marchesi’s property has a Township roadway going across his property.

Roth asked them to explain the existing road which Mr. Marchesi did and explained the right-of-way and who maintains it.

DiGiulio asked what the circumstances will be as far as maintaining it and what would happen if we want to sell the property what would happen. Mr. Marchesi said the lot is in the R-40 zone and there is more than an acre and a half.

Alderisio asked what liability this would put the Township in by giving this easement through Township property. DiGiulio suggested selling the Township property.

Mayor Martel asked what the problem would be putting the driveway on East View Drive. Mr. Marchesi has no problem with that but he stays within the Township’s right- of-way the existing road leads to Lot 40 and getting across Lot 40 is the problem no matter what he does. The Business Administrator stated when the right of way on the tax map leaves the Township’s property and goes to the New York Border.

DiGiulio asked Council if they were in favor of the easement. The Township Attorney explained the decision is will be up to the Mayor and Council how they want to handle this but if Mr. Marchesi wants an easement and wants to develop the property in the future his property would be buried with the easement. The Township Attorney asked if there is anything that would stop a developer putting a driveway in the area. Mr. Whitaker stated the easement would be one that would self-destruct if the roadway was developed within the right-of-way. Mr. Whitaker said they have a variance from the Board of Adjustment to construct a home on a roadway that is not meeting improved and approved Township standards but needs Council’s approval for an easement across the right-of-way. Combined Work Session and Public Meeting Minutes December 20, 2007 Page 5

The Business Administrator asked that Mr. Whitaker and our Township Attorney to work on the proposed agreement and come back to Council with. The Township Engineer’s Associate suggested that when the resolution is prepared it should include that the Council has not granted the right for the applicant to obtain an easement from the property as it will acquire the Highland approval. This will be helpful for the applicant to go the Highlands when he tells them he has to do his driveway in the existing roadway.

4b. Cancellation of Balances; Block 1, Lot 159.03 Resolution shall be voted on in the Public Meeting.

4c. Cancellation of Balances; Block 139, Lot 194 Resolution shall be voted on in the Public Meeting.

4d. Authorization to Award Bids 1. MTB-07-34: Recreation Materials and Supplies 2. MTB-07-35: DPW Materials and Supplies Individual Resolutions shall be voted on in Public Meeting.

4e. 2008 Animal Control Contract Resolution shall be voted on in Public Meeting.

4f. Police Building Renovation Project; Change Order #48 Kidd asked if the Department of Corrections required an additional card reader at the door. The Business Administrator said the plans were designed and this is how they originally want this to operate. The Business Administrator said they are about 99.9% done with this project.

Resolution shall be voted on in Public Meeting.

4g. Shared Services; Electricity Sourcing; Discussion Roth asked the Business Administrator to check on broker, Nextgen Technology, LLC. The Business Administrator they do have to check this out before doing anything as this could save us 4% to 5% for our electricity. This will be discussed further at another Council Meeting.

4h. Cancellations 1. Various Balances 2. Improvement Authorizations 3. Prior Year Outstanding Checks Individual Resolutions shall be voted on in Public Meeting. Combined Work Session and Public Meeting Minutes December 20, 2007 Page 6

4i. Appointment; National Incident Management System (NIMS) Compliance Officer Resolution shall be voted on in Public Meeting.

4j. Mayoral Appointment; Library Board of Trustees Resolution shall be voted on in Public Meeting.

4k. Authorization to Award Non-Fair and Open Contracts 1. Air Conditioning and Heating Repair Services; Len Thonus Plumbing and Heating Inc. 2. Plumbing Repair Services; Len Thonus Plumbing and Heating Inc. 3. Repairs and Replacement Parts – DPW Heavy Equipment; W.E. Timmerman Company Inc. Individual Resolutions shall be voted on in Public Meeting.

4l. Mahwah Honda; Additional Costs (Closed Session) The Business Administrator stated this was discussed in Closed Session earlier in the meeting.

4m. Budget Transfers – 2007 Roth asked if salaries for part time and temporary employees are budgeted in the beginning of the year. The Business Administrator said there are a lot this year as they extended the temporary for people that were out sick.

Kidd questioned $4,700 transferred to police dispatchers. The Business Administrator answered that we had to hire per diem this year when dispatchers were out for training.

Resolution shall be voted on in Public Meeting.

4n. Health Insurance; 2008 1. Delta Dental 2. IDA/UHY Renewal Proposal 3. Section 125 Flexible Spending Account

Individual Resolutions shall be voted on in Public Meeting.

4o. Award of Professional Services Agreement; GIS; Civil Solutions Resolution shall be voted on in Public Meeting.

4p. Approval of 2008 Temporary Budget Resolution shall be voted on in Public Meeting. Combined Work Session and Public Meeting Minutes December 20, 2007 Page 7

TOWNSHIP COUNCIL AND MUNICIPAL CLERK 5a. Discussion on Budget Meeting Dates The Business Administrator said it is their plan to deliver the Budget to Council on January 15, 2008. The Local Government Services is working on guidelines and regulations they would like to have in place by January 15th, on a statute that the State Legislature adopted that will apply a 4% tax levy cap.

The Council decided to schedule Budget Meetings on Saturday, January 26, 2008, February 9, 3008, February 23, 2008 starting at 8:30AM and Thursday, February 28, 2008 starting at 8:00PM.

5b. Co-Mingling of Recyclables; Discussion The Business Administrator explained the issue on co-mingling had been whether glass bottles and aluminum would have an impact on the Township and after looking at this it will not. They are continuing to recommend going to co-mingling on these items.

Roth stated he supports Administration on his recommendation.

5c. Renewal; 2007/2008 Kennel Licenses Resolution shall be voted on in Public Meeting.

5d. Firefighter Application; Greg T. Wall to Fire Company #1 Resolution shall be voted on in Public Meeting.

5e. Raffle Applications 1. Mahwah HS Thunderbird Sports Booster Club (On Premise, TrickTray) 2. Mahwah HS Thunderbird Sports Booster Club (On Premise, 50/50) Applications were tentatively approved. Final approval shall be voted on at the Public Meeting.

PUBLIC MEETING APPROVAL OF BILLS AND CLAIMS On a motion by Roth, seconded by Alderisio, the Bills and Claims, previously signed, totaling 5,725,424.87 were approved. Roll call vote: Alderisio, yes; DaPuzzo, absent; Hermansen, absent; Kidd, no; Larson yes; Roth, yes; DiGiulio, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES On a motion by Alderisio, seconded by Roth, the Combined Work Session and Public Meeting of October 11, 2007, Combined Work Session and Public Meeting of October 25, 2007, Combined Work Session and Public Meeting Minutes December 20, 2007 Page 8 and Combined Work Session and Public Meeting of November 8, 2007 were approved. Roll call vote: Alderisio, yes; DaPuzzo, absent; Hermansen, absent; Kidd, yes; Larson, yes; Roth, yes; DiGiulio, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES Alderisio said he attended the Children’s Christmas party given by the Mahwah Municipal Alliance and Police Department. It was really great seeing the happy faces and he feels this is a very worthy program.

Kidd said he spoke to a few residents about the declining real estate values and was wondering what can be done about our potential reevaluation. We are 10% closer to being in compliance with a full appraisal with regard to our properties as during the past year values have declined about 10%. The Township Attorney said he spoke with the Deputy Attorney General on this issue and informed him we have our tax maps in order. He said we will have to go through with the reevaluation because there may be a drastic change. Kidd said he feels the change in the market will probably continue the next year or so and this can be justification to stay this evaluation and save our taxpayers money. The Township Attorney said we are on a stay now. He explained that if this was to be contemplated we would have to retain an expert to advise us of what the percentage of changes have been in the commercial market as we are mandated to do the reevaluaton.

Alderisio said the market went up so high that we are assessed way below what the houses can be sold for and are still above what we should be.

Mayor Martel commented that after talking with our Tax Assessor the Township ratio is now 58% which is very low. Compared to the rest of the Country our Township may not be declining as quickly.

Roth asked when the last time was when we went through a revaluation. Mayor Martel said 2001.

The Business Administrator explained what the ratio is. If we are at 60% the assessed value is 60% of the true value and if the value of the property declines the ratio goes up. The Township said they will be studying what the value was of the property at the time of October 2007. The average ratio of the Township is a blend of all properties.

Roth said he also attended the Christmas party and thought it was a great job done by both organizations sponsoring it and the Township’s participation.

Roth asked if Administration can give an update on Crossroads. Combined Work Session and Public Meeting Minutes December 20, 2007 Page 9

The Business Administrator answered the Planner is completing a revised draft Ordinance which we should have by December 31, 2007.

DiGiulio said she attended the party by Dare and the Mahwah Alliance and it was fabulous.

She said she also attended the Seniors Party today. Everyone had a great time. Suzanne and Rosalie do a great job. DiGiulio thanked everyone for working together this year and looking forward to next year.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR Mayor Martel mentioned he also attended the Christmas Party, stating this was the 10th year of holding the party. It was not only the children that came that day, but a large group of girl scouts came the night before wrapping gifts that were handed out to the children. The Police Department took gifts that were left over and donated them to charitable organizations. Two bicycles that were donated were given to a needy family so that their two children would have something to open on Christmas morning.

The Mayor said today the Senior Holiday get together was well attended. There were gifts donated by various people, including corporations. Everyone enjoyed themselves.

PUBLIC PORTION On a motion by Larson, seconded by Roth, the meeting was opened to the public at 10:15PM. All in favor. Motion carried.

On a motion by Roth, seconded by Larson, the meeting was closed to the public at 10:16PM. All in favor. Motion carried.

ORDINANCES – INTRODUCTIONS The Title of an Ordinance was read as follows: AN ORDINANCE TO AMEND SCHEDULE XIII OF CHAPTER VII OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MAHWAH DESIGNATING BUS STOPS IN THE TOWNSHIP OF MAHWAH

RESOLUTION – ORDINANCE NO. 1603 Introduced by Alderisio, seconded by Roth.

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 January 10, 2008 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM. Combined Work Session and Public Meeting Minutes December 20, 2007 Page 10

FURTHER RESOLVED 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: Alderisio, yes; DaPuzzo, absent; Hermansen, absent; Kidd, recuse; Larson, yes; Roth, yes; DiGiulio, yes.

* * * *

The title of an Ordinance was read as follows: ORDINANCE AMENDING CHAPTER 5-3 ENTITLED “EXCAVATIONS IN STREETS” AND TO REMOVE CHAPTER 15-3.13 ENTITLED “BACKFILLING” AND TO AMEND CHAPTER 15-3.15 ENTITLED ”RESTORATION OF PAVEMENT BY PERMITEE”

RESOLUTION – ORDINANCE NO. 1604 Introduced by Roth, seconded by Alderisio.

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 January 10, 2008 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED 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: Alderisio, yes; DaPuzzo, absent; Hermansen, absent; Kidd, yes; Larson, yes; Roth, yes; DiGiulio, yes.

ORDINANCE– PUBLIC HEARING The title of an Ordinance was read as follows: AN ORDINANCE AMENDING CHAPTER 24-3.2 OF THE CODE OF THE TOWNSHIP TO REZONE LOT 4 AND 5 IN BLOCK 136 FROM INDUSTRY PARK (IP-120) ZONE TO A HIGHWAY BUSINESS (B-40) ZONE.

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

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

Combined Work Session and Public Meeting Minutes December 20, 2007 Page 11

On a motion by Roth, seconded by Alderisio, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1596

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

Roll call vote: Alderisio, yes; DaPuzzo, absent; Hermansen, absent; Kidd, yes, Larson, yes; Roth, yes; DiGiulio, yes.

CONSENT AGENDA Resolutions #154-07A through #158-07, #160-07A through #165-07A, #167-07A through #173-07A, #175-07A through #182-07A, #185-07A and the Raffle Applications for Mahwah HS Thunderbird Sports Booster Club (On Premise, Tricky Tray) and Mahwah HS Thunderbird Sports Booster Club (On Premise, 50/50) was voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #159-07A, #166-07A, #174-07A #183-07A and #184-07A were voted on individually.

Resolutions are attached to and made part of these Meeting Minutes.

CLOSED SESSION On a motion by Larson, seconded by Roth, the meeting went into closed session at 10:35PM. All in favor. Motion carried.

On a motion by Roth, seconded by Alderisio, the meeting went into public session at 10:57PM. All in favor. Motion carried.

OLD BUSINESS None

NEW BUSINESS None

On a motion by Roth, seconded by Alderisio, the meeting was adjourned at 11:00PM. All in favor. Motion carried.

Respectfully submitted,

Kathrine G. Coletta, RMC/CMC Municipal Clerk

Meeting Minutes prepared by Jan Fox, Deputy Municipal Clerk