Township of Mahwah s14

TOWNSHIP OF MAHWAH COMBINED WORK SESSION AND PUBLIC MEETING MINUTES THURSDAY, APRIL 24, 2014

The meeting was called to order at 8:00PM by Council President Roth who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on November 14, 2013 and The Ridgewood News on November 15, 2013 stating this meeting would be held at the Richard J. Martel Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, April 24, 2014 at 8:00PM.

Notice is posted on the Municipal Bulletin Board. The minutes of this meeting shall be available in the Municipal Clerk’s Office once they are 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 as well as the Bergen County Police Officer who is fighting for his life and the Paramus Police Officer who was shot.

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

Also present were Mayor William Laforet, Business Administrator Brian Campion, Township Attorney Brian Chewcaskie, Township Engineer Kevin Boswell and Municipal Clerk Kathrine G. Coviello.

PRESENTATIONS Mahwah Marine Moms Mrs. Terry Wendrychowicz of the Mahwah Marine Moms said their organization would like to bring a Program to Mahwah and Ramsey called Wreaths Across America. She said Mr. Morrill Worcester, who owned a wreath company, with the leftover wreaths from his business at the end of the holiday season put them on the graves of veterans for many years. In 2007, Wreaths Across America was formed. Their mission is to remember, honor and teach. In December, 2013, there were 143,000 wreaths placed at the Arlington National Cemetery. Across the nation, there were 540,000 wreaths placed in honor of our veterans at 908 locations.

2014 marks the 150th Anniversary of Arlington National Cemetery and their goal is to place a wreath on each of the headstones at the Cemetery. As the wreaths are transported from their company in Maine to Arlington National Cemetery along with truckers, supporters, state troopers and the Patriot Guard, it is considered the world’s largest Veterans’ Parade.

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 1 Tonight, Mrs. Wendrychowicz said her organization is here for several reasons: 1. They would like permission from the Township to hold a Wreath Ceremony at Veterans’ Park on Saturday, December 13th at 12 Noon. The Ceremony would consist of a Moment of Silence followed by the placing of 7 ceremonial wreaths , one for each branch of the military including the POW/MIA. The wreaths are evergreen wreaths with a red bow, an American flag and a Service Flag to represent a branch of service. The reason the ceremonies are held at this time is to coincide with the laying of the wreaths at the tomb of the unknown solider at Arlington National Cemetery. There are about 850 cemeteries taking place nationally and overseas at the same time.

In addition to permission to hold the ceremony, they are asking for help in securing a tent, chairs, a podium and a sound system. They are also looking for the Mayor and Council’s support in attending the ceremony.

Roth commended Mrs. Wendrychowicz and her organization for the work they do.

Roth asked Administration if there are any procedural issues that need to be followed. Mayor interjected and said we will help however we can. And added that we appreciate all the Mahwah Marine Moms have done all the way back to when they started sending the Girl Scout cookies.

Mrs. Wendrychowicz said the wreaths are donated by the company so there is no cost for the wreaths. She said this being there first year they are keeping this low key are they do not want to take on too much. The wreaths will be placed at the Mary Rest Cemetery and the Ramapo Reformed Church Cemetery. They plan to start with sponsorships of the wreaths for $15. each or individual donations in any amount.

Hermansen made a motion, seconded by Sbarra to name the second Saturday in December as the date from now going forth for the Mahwah Marine Moms to place wreaths in the cemeteries in the Township.

Roth suggested waiting until next year before giving permission going forth as the Mahwah Marine Moms said they did not want to take on too much the first year.

PUBLIC PORTION On a motion by Hermansen, seconded by Larson, the meeting was opened to the public at 8:18PM. All in favor. Motion carried.

Mrs. Kathy Brewster of 96 Masonicus Road said the Budget is stressful for everyone. She feels all departments were treated fairly. She suggested that the larger departments, DPW, Police and Fire, provide Quarterly Reports. Roth said Administration provides Reports on each department every quarter.

Mrs. Barbara Shanley of 314 Franklin Turnpike spoke on behalf of the Historic Preservation Commission and the Mahwah Museum Society. She asked for the Council to consider protecting the caboose and the Wanamaker shed. And that both structures be added to the Township Historic Sites Ordinance. The Business Administrator said both

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 2 structures are not fixed to the property. He clarified that Mrs. Shanely is looking for the structures to be recognized in the Ordinance.

On a motion by Hermansen, seconded by Larson, the meeting was closed to the public at 8:27PM. All in favor. Motion carried.

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

ENGINEERING (Boswell-McClave) 1a. CLF Northern New Jersey Auto Sales Inc. (Mahwah Honda); Amended Site Plan Application; 99 Franklin Turnpike; Block 70, Lots 41, 42 and 43; Request to Execute Developer’s Agreement (Docket #546PF) The Township Engineer requested authorization to execute the Developer’s Agreement between the Township and CLF Northern New Jersey Auto Sales Inc. for a 10,000 square foot addition and street scape improvements. Resolution shall be voted on in the Public Meeting. Resolution shall be voted on in the Public Meeting.

1b. Verbal Status Report West Airmount Road Improvements: The road will be milled and paved tomorrow.

MacArthur Boulevard Bridge Deck: On a schedule. Scheduled to be finished by May 2nd, weather permitting.

Water Main Improvements – East Crescent Avenue: Scheduled to be done by May 2nd instead of June 23rd.

Water Main Improvements – Campgaw Road: Contractor was able to install water main along the side of the road which saved the contractor time but also the Township money. The contractor is about one month ahead of schedule.

ADMINISTRATION 2a. Pay to Play Compliance; C & S Fencing Resolution shall be voted on in the Public Meeting.

2b. Authorization to Award Bids 1. MTB#14-03: Leasing of Space of Existing Campgaw Water Tank for Communication Antenna Use Bid shall be awarded to Sprint Spectrum LP in the amount of $41,001. per year. Resolution shall be voted on in the Public Meeting.

2. MTB#14-04: TOM Mobile Radio Water Meters and Transmitter Units System Bid shall be awarded to Atlantic Plumbing Supply Corporation. Resolution shall be voted on in the Public Meeting.

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 3 2c. Personnel Manual; Amendments The Business Administrator said that every two years the Township is required to update the Employee Manual. Resolution shall be voted in the Public Meeting.

2d. Professional Services Contract Amendment; Maser Consulting; Rate Schedule Change Resolution shall be voted on in the Public Meeting.

2e. Professional Services Contract Amendment; Arcadis; NJDEP Allocation Permit – Engineering Services Proposal Resolution, amending the Professional Services Agreement Contract with Arcadis for the Engineering Services associated with the NJDEP Allocation Permit, shall be voted on in the Public Meeting.

2f. Recycling Tonnage Grant 1. 2013 Application 2. 2013 Tax Reimbursement Certification The Business Administrator explained this item has to do with the Recycling Tonnage Grant. Resolutions are needed to authorize Mr. Soha to process and file the application. Resolution shall be voted on in the Public Meeting.

TOWNSHIP COUNCIL and MUNICPAL CLERK 3a. Extension of Term of Towers on Township Towing List Resolution shall be voted on in the Public Meeting to extend the Towing Term through the end of June, 2014.

PUBLIC MEETING APPROVAL OF BILLS AND CLAIMS On a motion by Williams, seconded by Hermansen, the Bills and Claims, previously signed, totaling $4,952,381.97 were approved. Roll call vote: DiGiulio, absent; Hermansen, yes; Jandris, yes; Larson, yes; Sbarra, yes; Williams, yes; Roth, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES On a motion by Hermansen, seconded by Jandris, the Closed Session Meeting Minutes of January 9, 2014 and the Closed Session Meeting Minutes of March 27, 2014 were approved. Roll call vote: DiGiulio, absent; Hermansen, yes; Jandris, yes; Larson, yes; Sbarra, yes; Williams, yes; Roth, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES Sbarra reported on Tuesday April 15th he attended a Housing Commission Meeting. The Commission received another request to sell a unit on Pepperidge Road.

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 4 Williams said last Saturday was Meet the Bunny. It was a great day. He thanked the Bunny. He congratulated George Ervin and Allison Jackson for coordinating the event.

Williams said the Town Wide Garage Sale is on April 26th. So far 65 people will be in the parking lot here at Town Hall and 90 people will be participating in their own homes.

Williams clarified that there is no correlation between Who Cares Mahwah and the Recreation Committee. They are two separate entities.

Roth said the Cable Committee met on April 14th, the Senior Advisory Board met on April 16th and he attended Meet the Bunny on April 12th.

Hermansen said the Youth Sports Parade is on May 3rd.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR Mayor Laforet attended Meet the Bunny.

MAYOR’S PROCLAMATION Mayor Laforet read the Proclamation entitled “Stryker Orthopedics Day – April 29, 2014”.

MUNICIPAL BUDGET Mr. Ken Sesholtz, Township Chief Financial Officer and Mr. Lou Mai, Township Auditor, were present.

The Business Administrator said the 2014 Budget has $37,062,000 in appropriations. And the Township is in compliance with the 2% Tax Levy Cap. He added 22 cents of the Tax Rate comes to the Township and it is an increase of 3.66% from last year.

RESOLUTIONS See Resolutions #129-14 (Resolution To Read 2014 Municipal Budget By Title Only) and #130-14 (Self Examination of 2014 Municipal Budget). Resolutions are attached to and made part of these Meeting Minutes.

ORDINANCES – PUBLIC HEARINGS The title of an Ordinance was read as follows: CALENDAR YEAR 2014 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (NJSA 40A: 4-45-14)

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

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

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 5 On a motion by Larson, seconded by Sbarra, the following Resolution was passed and adopted: RESOLUTION – ORDINANCE NO. 1743

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: DiGiulio, absent; Hermansen, yes; Jandris, yes; Larson, yes; Sbarra, yes; Williams, yes; Roth, yes.

* * * * * * * * *

The title of an Ordinance was read as follows: 2014 MUNICIPAL BUDGET

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

Mr. Mike DeLuca of 11 Parsons Court complimented the Council, Mayor and Business Administrator for their work on the Budget.

Mr. DeLuca asked where the expenses for engineering are in the Budget. The Business Administrator said in the Division of Finance there is a Department of Engineering. He added there is Engineering in the Water Department and Sewer Department.

Mr. DeLuca clarified that he is looking for the cost for the well installation. The Business Administrator said the Well 18 Project was funded in the Capital; Budget and the Ordinance was adopted two years ago.

Mr. DeLuca questioned if when the new well is constructed will he be able to water his lawn each day. The Business Administrator said once the new well is online the 3 old wells will be retired and the amount of water being allocated will be the same.

Mr. Jonathan Marcus of 3 Brook Court thanked the Council for their work on the Budget. He said this is a lean Budget. And added that we need to continue to find ways to save money and/or find ways to do things differently. He said one of the biggest items in the Budget is Health Insurance.

Mrs. Annette Freund of 63 Karen Drive complimented the Council. She said the Budget was done extraordinarily well. She added she found two pages encouraging yet discouraging. One was Page 8 – she wondered what the rateables in 2015 would be. The Business Administrator said the Crossroads and the Construction Department has a lot of small jobs in the aggregate. Mrs. Freund said the good news is on Page 23 – the Surplus Analysis has consistency despite the economic downturns.

On a motion by Hermansen, seconded by Sbarra, the meeting was closed to the public at 9:30PM. All in favor. Motion carried. Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 6 Roth said at this point he would normally entertain a motion to adopt the Budget, however, there have been some developments within the last 72 hours which have given reason to make adjustments to the Budget.

The Mayor said the DPW Director retired on short notice. He said it was saw as an opportunity to bring in a professional, a consultant, to review the workings of the department and take a look at this as a better way of doing things. The consideration requires moving money within the Budget. He said he looks at this as an opportunity for the Township to look at the DPW and see if there is a better way of doing things and all the while considering those who applied and any future applicants.

The Business Administrator said unfortunately we did not have this decision back in February or March.

The Business Administrator referred to Sheet 15A of the Budget. He went on further to say if the plan, as the Mayor said, was to utilize the services of a professional company which would do several things – 1. Provide administrative services on an interim basis, 2. Do an Analysis of the department and 3. Assist the Township in the search process. All of this based on the information we have so far would cost about $100,000. There is a balance of approximately $25,000 in the DPW Director’s Salary Line Item after he leaves. The DPW Director’s Salary was divided amongst three departments: 25% Water Department, 25% Sewer Department and 50% General Budget.

The Business Administrator pointed out that Administration is not asking the Council to approve any contracts tonight. Because of the timing if Administration came back in two weeks to discuss this there would not be any money in the Budget to do anything at that time. Which is the reason this discussion is taking place on such short notice. He added the proposal would be to put in place within the Budget to have money available -- $25,000 in the Water Budget, $25,000 in the Sewer Budget and $50,000 in the General Budget. He added the way the Water and Sewer Budget are structured between the Salaries and Other Expenses $25,000 each could be covered in the Budgets. In the DPW, it would be a Professional Service and would be under DPW – Administration – Other Expenses. At this time, there is only $600 in that Account. He added $25,000 could be moved over from the DPW Salaries and Wages to Other Expenses and then we would need to find another $25,000. However, as the Council President said, the Township Attorney can give you direction if you decrease the DPW – Administration – Salaries Line Item by more than 10%, which in this case is $8,200 or increase Other Expenses by more than 10% that would be a major change to the Budget as introduced and a Notice of an Amendment would need to be published and the Public Hearing would be continued in two weeks.

Larson asked exactly what are the services we are looking for from a consultant. The Business Administrator said providing a temporary DPW Director on a Part Time basis for 3 days a week for up to 6 months, providing a review and report on the operations of the department within the period of time and if the Township desires, assist us with a search for a replacement Director. Larson said in the past we have promoted from within. He questioned is there no one in the department that we feel is qualified. The Business Administrator said there are two people in the department who have been Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 7 interviewed. Larson said we have had other people look at the department before. The Business Administrator said in 2006 a Study was performed. Mayor said we think there will be some differences in the report – the issue of shared services comes up and also what will work best today.

The Business Administrator said a company they have spoken with is Jersey Professional Management.

Roth said the difficulty we have tonight is we do not have a proposal. He added we have a trigger date of April 30th as that is the date that the current DPW Director leaves.

Roth suggested putting the money in the Budget. He added at this point, nothing has been agreed to and if we wait we cannot move the money until after November 1st. The Business Administrator said once the money is moved into the Salaries Line Item it cannot be moved to Other Expenses.

Hermansen asked how much it would cost to put an interim in place from our own DPW and move someone into a supervisory role for the interim also so we know what the cost of that would be before we go the route of hiring a consultant. He said so we would have both costs. He is concerned that the money cannot be moved back to Salaries.

Hermansen questioned if we are going to do an Analysis for every other department. Mayor said the Police Department has been through 4 CALEA Accreditations.

Hermansen said he does not understand why we did an Analysis on the DPW when one was done in 2006. Mayor said it makes good business sense to look at the department. Hermansen questioned if we are going to look at every department in town. Mayor said the time to do this is now. He added, so the new Director, in house or not, has a plan, a directive, from the Council, Administration and the Mayor on what it wants to implement. He said there are savings to be had when you do an Analysis.

Sbarra said the reason we are looking to utilize Jersey Professional Management is because of the lack of, in the opinion of Administration, an abundance of qualified candidates in order to make an educated decision to hire a very critical position for the town. He is concerned if we move the money we cannot move it back if we find a candidate.

The Business Administrator said this all came up recently and we tried to come up with ways to address it. He said that tonight we may have another alternative from the CFO and Auditor – an option would be to reduce the Reserve for Uncollected Taxes by $50,000 which is less than 10% and create a new Line Item for Management Consulting for $50,000. If the money is not used, it goes back into surplus.

Williams is in favor of waiting two weeks to research the total numbers involved and the pros and cons and then we can look at this closer. Again he said he is in favor of waiting two weeks and have Administration give us the complete picture. Jandris agrees with Williams. He feels it is too much too soon.

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 8 Hermansen questioned if the same will be done at the Building Department. The Mayor said the Building Department is controlled by the DCA Regulations.

Sbarra said the reason the budget is going to be put off was because of moving more than 10% in a Line Item. He said not being able to move the money back is a big consideration. He asked the Township Attorney if the Council has a valid reason to hold off on the adoption of the Budget. The Township Attorney answered he is not concerned about 2 weeks. He would be more concerned about 2 months or 4 months.

Sbarra said he concurs with Williams with the putting the vote of the Budget off for 2 weeks until we get more information.

On a motion by Williams, seconded by Jandris, to delay the vote on the adoption of the Budget until the next meeting when Administration can come back and give more information and clarity on exactly what the proposal is. Roll call vote: DiGiulio absent; Hermansen, yes; Jandris, yes; Larson, no; Sbarra, yes; Williams, yes; Roth, yes.

ORDINANCE – INTRODUCTION #1746: Bond Ordinance – Various Capital Improvements Bond Ordinance has been carried for two weeks.

ORDINANCE – PUBLIC HEARING The title of an Ordinance was read as follows: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER IX ENTITLED “RECREATIONAL FACILITIES” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MAHWAH, SPECIFICALLY CHAPTER IX, SECTION 1.4 ENTITLED “UNLAWFUL USE”, SUBSECTION B.

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

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

On a motion by Williams, seconded by Larson, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1745

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: DiGiulio, absent; Hermansen, yes; Jandris, yes; Larson, yes; Sbarra, yes; Williams, yes; Roth, yes.

PUBLIC PORTION

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 9 On a motion by Larson, seconded by Hermansen, the meeting was opened to the public at 10:24PM. All in favor. Motion carried.

Mr. Bob Lockwood of 10 Homespun Court wanted to clarify the comments made earlier about Who Cares Mahwah and collecting of goods on behalf of the Center for Food Action. He said Who Cares Mahwah is not affiliated with the Township of Mahwah. He went onto say that he spoke with the Mayor and the Recreation Director about his idea. He said he then sent a Press Release to the newspapers.

Williams read what was printed in the Suburban News. He said the way he read the article is that the Recreation Department was collaborating with Who Cares Mahwah. He said the issue is the insinuation of political information being associate with the Recreation Committee. He wanted it clear the Recreation Committee is not collaborating with his particular entity. Williams said on April 4th, the recreation Committee Secretary called the newspaper and asked that the article not be ran. However, it was. He said he contacted the newspaper and spoke to the Editor and asked for a retraction. He added he does not have an issue with Bob Lockwood. He said his issue is to protect the integrity of the Recreation Committee and make sure there are no political implications in what they do.

On a motion by Larson, seconded by Hermansen, the meeting was closed to the public at 10:35PM. All in favor. Motion carried.

CONSENT AGENDA Resolutions #131-14 through #140-14 were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

OLD BUSINESS None.

NEW BUSINESS Roth said Monday is the JIF Meeting. He questioned the Business Administrator if the course can be taken online. The Business Administrator answered yes, he will give them to him tomorrow. Roth asked for the details to be given to the Clerk so she may pass them onto the Council.

CLOSED SESSION On a motion by Larson, seconded by Hermansen, Council went into Closed Session at 10:40PM for the express purpose of discussing Tax Appeal; 93 McIntosh Drive. All in favor. Motion carried.

On a motion by Hermansen, seconded by Sbarra, Council returned to open session at 10:43PM. All in favor. Motion carried.

RESOLUTION Resolution #141-14 was voted on and is attached to and made part of these Meeting Minutes.

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 10 On a motion by Hermansen, seconded by Sbarra, the meeting was adjourned at 10:44PM. All in favor. Motion carried.

Respectfully submitted,

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

Township of Mahwah Combined Work Session and Public Meeting Minutes of April 24, 2014 Page 11