Township of Mahwah s28

TOWNSHIP OF MAHWAH BUDGET WORK SESSION MEETING MINUTES THURSDAY, FEBRUARY 28, 2013

The meeting was called to order at 8:05PM by Council President Williams who read the Open Public Meeting Act Statement as prescribed by law. Notice was advertised in The Record on February 14, 2013 stating this meeting would be held on Thursday, February 28, 2013 at 8:00PM at the Richard J. Martel Municipal Offices at 475 Corporate Drive, Mahwah, New Jersey.

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 THE FLAG.

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

Present: Councilmembers DiGiulio, Jandris, Roth, Sbarra, Spiech and Williams. Absent: Councilmember Larson

Also present were Mayor William C. Laforet, Business Administrator Brian Campion and Deputy Municipal Clerk Janis Fox.

Williams explained that Municipal Prosecutor Dennis Harraka was present due to some budgetary issues and questions that have arisen.

Roth mentioned the Council is lacking some information. He said they would like the Chain of Command for having a Police Officer present in court for summonses, the policy that is set forth and who sets this policy. Prosecutor Harraka answered that this is a judicial body and policies that occur are determined by the Municipal Judge. He said there is no real Chain of Command that the Prosecutor is in. He further stated, he has very little to do with the County Prosecutor.

Prosecutor Harraka explained the process and showed the Prosecutor’s form that is used governing Plea Agreements in Municipal Courts. He explained that up until 2009, before a Plea Agreement could be approved by a Municipal Court Judge, the Prosecutor had to represent to the Judge that the complainant and the victim had to be consulted with and agree with this Plea Agreement. When the rule was changed in 2009, a lot of Municipalities eliminated police appearances and the Prosecutor was free to make Plea Agreements as he saw fit.

Roth asked who changed the rule in 2009. The Prosecutor answered the Administrative Office of the Courts. When this rule was changed, he said, the police officers stopped giving out a lot of summonses.

1 Budget Work Session Meeting Minutes February 28, 2013

The Prosecutor further explained that he did not require Police Officers to be present in court, nor did he set the system up. He said the Municipal Judge wanted the Police Officers present in court. Prosecutor Harraka stated that he does not have the ability to require an officer to be present or not in court. The Prosecutor mentioned that due to most cases being routine, the officers that come to court are in and out, most of the time, within two hours. He said a majority of the cases do not need a Police Officer. Police Officers are not in court for first appearances.

Roth said the Council is hearing conflicting stories, especially about first appearances and the case not being a serious crime. Prosecutor Harraka said it is not a requirement for him to have a Police Officer present as he can use his own discretion.

Sbarra asked the Prosecutor how many times he deals with a situation when the Police Officer does not have to be present. The Prosecutor answered that it is a substantial majority and many times the Police Officer does not come.

Spiech asked if the state pays if the Police Overtime exceeds what is budgeted. The Prosecutor answered the state does not pay.

Spiech asked if the Judge requires the Police Officers to be present in court. Prosecutor Harraka said he does not think he does.

Roth questioned who authorizes the overtime as the Prosecutor is saying he is not authorizing it. DiGiulio reiterated the question and asked what led to the court policy as well as who reinstates such rulings.

Mayor Laforet asked the Prosecutor what the benefit is of having officers in court. The Prosecutor said without officers in court on Tuesday nights could be inconvenient as he would have to defer a case to Thursday. He further stated, on routine traffic offenses, he can dispose of the cases without the Police Officer.

Sbarra said we have a broken system. He stated the Police Chief said he has no control over Police Officers and now we find out from the Prosecutor that he cannot mandate a Police Officer. He added, we do not have an answer, and 69% of the Police overtime was directly related to court.

The Prosecutor said the “system” orders the Police to be here. He said a certain amount of court officers have to be in court due to security reasons.

Williams suggested that all questions will have to be directed for another meeting.

SENIOR CENTER PROPOSAL Coordinator Susanne Small was present.

Williams said there were three Councilmembers who attended the Senior Advisory Board Meeting and listened to appeals. He said he received a proposal recommendation from the Coordinator to do the following:

Account #3-01-K02-204: Professional Services: reduce by $1,100 from $36,000 to 34,900. Account #3-01-K02-207: Travel/Trips: reduce by $850.00 from $8,000 to $7,150 Account #3-01-K02-212: Food & Beverages: reduce by $1,000 from $13,500 to $12,500

Spiech mentioned of all the people that spoke at the meeting, they all moved to our Township due to the Senior Center. Spiech said the aging population in this Township is the fastest growing in Bergen County. Spiech feels we should start marketing our Township as a good senior place to come to.

Jandris agreed with Spiech and thanks the seniors for putting his children through school.

DiGiulio suggested only reducing the budget by $1,100.

Sbarra said he is willing to compromise and give the Senior Center an additional $9,271. of what they spent in the previous year. He also feels the wording should be “reducing” and not “cut”.

Roth said the Budget proposal has increased over last year and feels the Director has done a great job of compromising. He said he will support their budget recommendations.

Straw poll vote to accept the all proposal changes of a reduction to the Budget of $2,950 from the original proposal of $6,000: DiGiulio, no; Larson, absent; Jandris, yes; Roth, yes; Sbarra, yes; Spiech, yes; Roth, yes.

MUNICIPAL POOL Director Marion Crescitelli was present.

Mrs. Crescitelli stated the pool programs have not changed. She said her swim lesson program is very popular so they run two sessions.

Mrs. Crescitelli stated she included in her Budget an explanation of where all the money needed to be and proposals of what some items will cost. There are things that need to be done that are a matter of maintenance and need to be done every 8 to 10 years.

Mrs. Crescitelli said the marcite on the bottom of the intermediate pool has to be built up. She said the diving board issue has to be looked at as the support bars are getting wobbly. She said she feels the main money used will be for resurfacing the pool.

Account #3-01-N01-202: Equipment: Mrs. Crescitelli said the hot water tank has been giving them a problem for years on end and she has had it fixed. Mrs. Crescitelli said they have a grant for a pool slide for $18,000. DiGiulio said she is opposed to this. Williams said there is too much liability with a slide. Mrs. Crescitelli said a slide may increase membership.

The Business Administrator said the diving boards have to be either fixed or taken down but the slide is optional. Williams said putting a slide in will not increase revenue. Mrs. Crescitelli said they are hoping not to have to replace the stands on the diving boards but have to resurface the boards.

Sbarra feels the diving board is a safety hazard. Williams feels the diving board is an attraction and it is better not to take it away.

Straw poll vote to reduce the recommended appropriation by $12,000 from the $50,000 of the Mayor’s recommendation to $38,000: DiGiulio, yes; Larson, absent; Jandris, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.

Account #3-01-N01-203: Repairs & Maintenance Mrs. Crescitelli said painting of the main pool needs to be done but half of the black markings have already been done. She has one quote and waiting for two more quotes.

Mrs. Crescitelli said she has very serious questions on how the diving board bars can be repaired. She said she has received quotes on the diving board repairs.

Mrs. Crescitelli said she had concerns about the pumps on the main pool and that work has been done. She said the recommended appropriation can be reduced by $4,000 from $68,095. to $64,095. Straw poll vote: DiGiulio, yes; Larson, absent; Jandris, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.

Account #3-01-N01-212: Food/Pharmacy Mrs. Crescitelli said there are large events held at the pool that come out of this account besides food sold to the public. Also, there are drug items for the First Aid Station. Roth made a motion to reduce the recommended appropriation by $3,000 from $12,500 to $9,500. Straw poll vote: DiGiulio, yes; Larson, absent; Jandris, no Roth, yes; Sbarra, yes; Spiech, no; Williams, yes.

Williams mentioned the Municipal Pool Budget is now $277,000 and there are line items associated with the pool that total $317,000 to operate the pool. The income would be $150,000 giving the Township a shortfall of $167,000 deficit. He further stated, last year $235,000 was spent on the same line items.

Sbarra asked who determines seasonal salaries. Mrs. Crescitelli answered that she does. She said the first year employee is paid minimal wage. The employee’s specific roll and times they return determines their pay.

Sbarra asked if the staff can be reduced. Mrs.Crescitelli answered no. The requirement for life guards are one guard for every 90 people. She said more and more people are using gate fees which makes it harder for the life guards. Mrs. Crescitelli further said they shift people around to different areas as needed.

Williams asked how long the grill is open. Mrs. Crescitelli said it is open 7 ½ hours per day. Due to the revenue being brought in which the Township is losing on, Williams said he feels it may be advisable to license this concession and eliminate a losing operation. Mrs. Crescitelli said she had tried this in the past and had a problem with it.

Mrs. Crescitelli said she does not have a problem with this except there are events that utilize the grill area and there may not be enough room. Also, she said the storage area is an issue. Mrs. Crescitelli said there would be specific regulations put in the contract if it goes out for bid.

Williams said the pool is costing the Township a huge expense and is a dying market.

Sbarra said a vendor may want to have their own menu and get their own equipment.

Roth asked if the whole Municipal Pool can be franchised out. The Business Administrator said this can be done but does not know who would want to purchase it.

Spiech asked how gate fees worked out. Mrs. Crescitelli said it worked well .

Straw poll vote to have Administration prepare a bid for private franchise of the pool: DiGiulio, yes; Jandris, yes; Larson, absent; Roth, yes; Sbarra, absent; Spiech, yes; Williams, yes.

Williams said the pool rates were raised last year and attendance has been dropping due to the market dropping.

Sbarra said he feels raising rates will not make a big difference.

Mrs. Crescitelli said she recommends leaving the rates the same and will advertise that rates will remain the same.

Roth said something should be done to offset the rates.

DiGiulio made a motion not to raise pool rates this year and do more advertising.

Straw poll vote: DiGiulio, yes; Jandris, yes; Larson, absent; Roth, no; Sbarra, yes; Spiech, yes; Williams, no.

Jandris suggested heating the pool with solar heating. He said his children love the pool as they get to hang out with their friends.

DiGiulio agreed and suggested exploring the possibility of heating the pool as she feels that may draw more people to the pool.

ENVIRONMENTAL COMMISSION Chairman Richard Wolf was present. He said there is a new crew of members and they would like to make an impact on the Township. He feels environmental issues are growing and last year they put a lot of effort incorporating a sustainability section into the Master Plan that will create a lot of work.

Mr. Wolf said his requests are in two areas. One is in Materials and Supplies as they want to improve recycling. He said there is a significant amount of funds for grants and they are looking to establish a Shade Tree Commission with a Grant Writer and Attorneys to apply for grants. The revenue would go toward projects mostly due to storms.

Account #3-01- L10-201: Material & Supplies Williams asked why the recommendation is for $2,000 when money has not been spent out of this account in the past. Mr. Wolf said they are trying to establish a plan. They need editorials to stimulate recycling as it is decreasing.

Account #3-01-L10-204: Professional Services DiGiulio asked how the grants would work. Mr. Wolf said he has a person that would set up grants. Mr. Wolf said they would need additional professional fees for this.

Straw poll vote to increase Professional Services with an additional $1,500 for a total of $3,000: DiGiulio, yes; Jandris, yes; Larson, absent; Roth, no; Sbarra, no; Spiech, yes; Williams, yes.

EMERGENCY SERVICES Director Ray Roe and Lt. Stu Blank were present.

Roth said he heard that there was a problem with school radios. Lt. Blank explained that the previous radios did not work for the school system and they went out and purchased a new radio system. He stated that the radios are inoperable with the Police Department radios and the school never let the Police Department know they purchased the new equipment.

Spiech suggested Administration go and talk with the school so that the radios can be patched into the Police Department. 6 Budget Work Session Meeting Minutes February 28, 2013

Roth also suggested that Administration ask the School Board for money to pay for this radio system. Spiech agreed, as he said the school created the problem, and it is vital that the Police Department have access to the radios as so many emergencies could happen at the school.

Williams feels the School Board may not want to pay for the radios.

Account #3-01-G01-202: Equipment Williams made a motion to add $9,000 to the budget for the new radios, increasing this account from $65,000. to $74,000. Straw poll vote: DiGiulio, yes; Jandris, no; Larson, absent; Roth, no; Sbarra, yes; Spiech, no; Williams, no. Motion failed.

Williams said he will get together with the School Board and suggest that they make an investment in radios for the Police Department.

CONSTRUCTION DEPARTMENT Construction Code Official Gary Montroy was present. Mr. Montroy stated that in 2012 they collected in excess of $1M in fees with one medium size project and permits for housing.

He believes the coming year is going to be a good year for the Building Department. Mr. Montroy stated that in 2013 there are two large projects which may take over a period of 18 months. One-third of the New York Stock Exchange is going to have construction completed on the interior and the other project is the expansion and reconstruction of the Footstar building purchased by Dress Barn. Both of these construction projects will be in excess of $60M. He said he feels for these projects and other ones he has, he will bring in more than $2M in fees.

Mr. Montroy said his department does 12 inspections per day and he feels that manhours for inspections will increase at least 20%. This additional work load would require an increase in inspection staff with an increase of one clerical person. He said due to increased activity he does not want any homeowners to have to wait for an inspection.

Mr. Montroy mentioned that his dilemma is his operating budget has not increased in six years but in 2013 he feels his workload will skyrocket.

Spiech asked if higher revenues can be projected over what the prior year was. The Business Administrator answered no. The Business Administrator said this year they are anticipating $955,000 in revenue. He said if Council wants to project $1,078,000. worth of revenue for construction they can do that. Spiech said Mr. Montroy is predicting $2,075,000 for this year due to Dress Barn and the New York Stock Exchange. Mr. Montroy said Dress Barn is already in progress and he is anticipating $1M. He said he anticipates for the Data Center he will get $1M in electrical fees.

Spiech asked if Mr. Montroy hire part timers. Mr. Montroy said they are hard to find.

Mr. Montroy said he feels it will be approximately $55,000 to hire each person and if he does not have the workload he will not need additional employees.

Spiech asked why Administration did not recommend putting money in these two account at the time they did the Budget. The Business Administrator said that at the end of last year there was nothing indicating building out the Data Center.

Williams stated he has concerns about hiring additional employees. Mr. Montroy said he will not hire extra people if he is not overwhelmed with work. Williams said he is uncomfortable raising the budget which would raise the taxes to cover it.

Roth suggested increasing the appropriation by $100,000 and raise the revenue to $155M which would have no affect to the tax rate.

The Business Administrator said they could take money out of surplus to pay for the extra personnel.

Account #3-01-J02-102: Permanent Part-Time (Building) Account #3-01-J04-102: Permanent Part-Time (Electrical) DiGiulio made a motion to add $50,000 from zero in the two accounts if employees are needed, adding $100,000 to the Construction Code revenue. Straw poll vote: DiGiulio, yes; Jandris, yes; Larson, absent; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.

Mr. Montroy stated that staffing impacts paperwork and storage of documents in the department. He stated the proposed budget indicates an increase in funds available to scan permits. He commented that by purchasing new equipment inspections can be downloaded electronically which will enable them to notify an applicant of their inspection results much faster.

Williams said there is just one appearance that has not been heard and has been requested which would be Judge Gianni. The Business Administrator said he has had a discussion with the Judge and he said he does not determine who comes to court. DiGiulio asked who does determine the overtime and feels it is the Chief.

DiGiulio asked the Mayor what the process was on sending the police to court and receiving overtime. She asked the Mayor to speak to Chief Batelli. Mayor Laforet said there are consequences on revenue when the Police Officers stop writing tickets. The Mayor said the Prosecutor had mentioned that the system determines the overtime. Roth stated that is not what he heard the Prosecutor say and when the Chief Batelli came in he said it was the Prosecutor.

Williams said the issue is do we need policeman coming to court getting two hours of overtime. The Mayor said the Prosecutor said in some cases no. Williams said we were told tickets went up due to ticket efficiency and if that goes down and that means job action. He said in 2012 when overtime went up tickets went up and this Township lost a lot of money. Williams said someone is making the call and that can be managed better. DiGiulio asked if the officers arbitrarily show up for court and then turn in their overtime.

Williams said the issue is who can make the decision of having officers in court on first appearance. The Mayor said the officer appearing in court on Tuesday has an influence on the process of plea bargaining.

Spiech asked what the Council can do to have control of sending officers to court. DiGiulio asked the Mayor to talk to the Chief to have better management of overtime. The Mayor said he has talked to the Chief and they are looking at ways to cut down the overtime without causing security issues. The Mayor said the Chief will contact Williams on their plan to cut the overtime.

Jandris said his concern is cutting so much overtime and the police officers stop writing tickets we are losing safety on the streets. Williams said he does not feel the Township was any less safe when reducing ticket writing.

The Business Administrator said the Budget will be introduced on March 21, 2013.

On a motion by DiGiulio, seconded by Roth, the meeting was adjourned at 12:50AM. All in favor. Motion carried.

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

Meeting Minutes prepared by Jan Fox, Deputy Municipal Clerk.