Township of Mahwah s8

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

The meeting was called to order at 8:05PM 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 in the Richard J. Martel Municipal Offices, 475 Corporate Drive, Mahwah, NJ on Thursday, July 24, 2014 at 8:00PM.

Notice of this meeting is posted in the Township Hall and filed in the Township Clerk’s Office.

The Minutes of this meeting shall be available in the Township Clerk’s Office once they are approved by the Township Council.

SALUTE TO THE FLAG

Present: Councilmembers DiGiulio, Hermansen at 8:27PM, Jandris, Roth, Sbarra and Williams. Absent: Councilmember Larson.

Also present were Mayor William C. Laforet, Business Administrator Brian Campion, Township Attorney Brian Chewcaskie, Township Engineer’s Associate Michael Kelly and Municipal Clerk Kathrine G. Coviello.

MOMENT OF SILENCE FOR VETERANS AND THOSE SERVING IN THE MILITARY Moment of Silence was observed for those who served and those who are serving in the military both here and abroad as well as Police Officers Melvin Santiago and Christopher Goodell who recently lost their lives.

PUBLIC PORTION On a motion by DiGiulio, seconded by Jandris, the meeting was opened to the public at 8:12PM. All in favor. Motion carried.

On a motion by Williams, seconded by Jandris, the meeting was closed to the public at 8:13PM. 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.

Township of Mahwah Combined Work Session and Public Meeting Minutes of July 24, 2014 Page 1 ADMINISTRATION 2e. Mayor’s Appointment; DPW Director for Advice and Consent Roth said the Mayor is appointing Mr. Edward Sinclair as Director of Public Works and a Resolution is on the Agenda this evening for the Council’s confirmation.

RESOLUTION Resolution #236-14 (Mayor’s Appointment; DPW Director) is attached to and made part of these Meeting Minutes.

ENGINEERING (Boswell-McClave) Mr. Kelly thanked the Council for appointing him and Boswell Engineering as the Township’s Zoning Officer.

1a. West Airmount Road Drainage Improvements; Change Order #2 (Bid #MTB-13-08) The Township Engineer’s Associate said this item is a Change Order which is a reduction of $46,395.65. He added the Total Project came in about $91,000 under budget. Resolution shall be voted on in the Public Meeting.

1b. 2014 Road, Curb and Sidewalk Program; MEMS South Facility; Change Order #1 for Additional Work (Bid #MTB-14-12) The Township Engineer’s Associate said this item is a Change Order which increases the amount of the Contract by $52,000. The Change Order is to pave the parking lot at the Mahwah Emergency Medical Services (MEMS) South Facility.

Roth asked if there will be any additional engineering and/or inspection costs. The Township Engineer’s Associate answered no.

Resolution shall be voted on in the Public Meeting.

1c. Verbal Status Report 2014 Road Program: Concrete work scheduled to start next week. Ridge Road will be the starting point. Paving will be done around August 20th.

Water Main Break – Route 17 South: The Township Engineer’s Associate said there was a water main break on Route 17 South between West Ramapo Avenue and Route 202. The Department of Public Works called them. They contacted a contractor who was at the scene within 10 minutes. By the end of the day the break was repaired and the road stripped. He added the DPW and the Contractor did a great job. Mayor said the break started around 10:00PM and finished between 2:00 – 3:00AM the next day. And the DPW also flushed the system. He said accolades are to be given to the DPW for a fine job.

ADMINISTRATION 2a. Govdeals Auction of Excess Vehicles The Business Administrator said we are replacing 4 old vehicles with 4 new vehicles that are funded in this year’s Budget. Resolution to dispose of the vehicles shall be voted on in the Public Meeting. Township of Mahwah Combined Work Session and Public Meeting Minutes of July 24, 2014 Page 2 2b. Purchase of One Pierce Arrow Pumper Fire Apparatus Utilizing HGAC National Contract The Business Administrator said the Fire Pumper was funded out of the 2013 Capital Budget. We have gone out to bid twice. The price of the pumper on State Contract is more expensive than on Houston-Galveston Area Council National Cooperative Purchasing Program. The Fire Department, Vendor and Administration met. Administration’s recommendation is the purchase the pumper from Houston-Galveston Area Council National Cooperative Purchasing Program. Resolution shall be voted on in the Public Meeting.

2c. Request for Authorization to Award Bid #MTB-14-17: DPW Automotive Parts and Supplies The Business Administrator said annually the Township goes out for bid for auto parts. This year, one bidder had defects in his bid and was disqualified for a technical error. Administration recommends that the lowest bidder be awarded per item. Some items are not being awarded and we are going to go out for bid again on those.

2d. Amend Resolution #277-13: Recreation Materials and Supplies The Business Administrator said this item amends the Award of Bid on sports equipment. Item #YS-119 was awarded to the incorrect Vendor.

Williams said this particular vendor did a horrible job on the ladies softball shirts and there were numerous errors in the order. The Business Administrator said next year when we go out to bid we can include in the bid specifications there will be a penalty if the items are not delivered by a specific time.

Resolution to be voted on in the Public Meeting would award the item to the correct vendor.

2e. Mayor’s Appointment; DPW Director for Advice and Consent Voted on earlier in the Meeting.

2f. Rockland Electric Agreement; Digital Portal Access The Business Administrator said Rockland Electric has installed a system to report street outages online.

Roth said that this ties into the Mahwah Delivers App. He added the Mayor also provided a Report on the Mahwah Delivers App.

Mayor said requests will go directly through the portal. This App will help immensely.

Township of Mahwah Combined Work Session and Public Meeting Minutes of July 24, 2014 Page 3 2g. First Half of 2014 Revenue and Budget Account Status – PAPERWORK PREVIOUSLY DISTRIBUTED – BRING TO MEETING. Roth said the Council was provided with information about a week ago.

Sbarra said looking at the Revenue Report and the Uniform Construction Code numbers are a little down for half way through the year. He questioned if we are confident we have enough going on the rest of the year to hit the budget. The Business Administrator said this was discussed when the Budget was presented. Administration recommended a lower amount be budgeted. He said the actual amount received last year was $1,600,000. And the budget was adopted at $1,300,000. He does not expect the difference to be made up by the end of the year but we will come close.

Williams asked if we anticipate falling short in Municipal Court. The Business Administrator said we are at 46% and he expects that the department will continue at the same level for the next 6 months.

Williams said the pool is running significantly below what it was running at last year this time. He added we have asked for a Study of the Membership numbers.

Williams said the Hotel/Motel Tax is running well. He questioned if there is anything this can be attributed to. The Business Administrator said there was a higher occupancy level and he anticipates it shall continue for the next 6 months.

Hermansen said on the rental income and cable franchise both numbers look ahead of the projection. He asked for an Analysis of where the Rental Income comes from – is it annual payment or semi annual payments. And the same with the cable franchise. The Business Administrator said the vast majority is cell antennas. He added the reason the numbers are so high is a couple were switched to annual payments or semi-annual payments coming in before July 1st. Receipts for the second half of the year will not be at that level. Hermansen asked about the cable franchise. The Business Administrator said the Cable Franchise is an annual payment and it relates to the number of users. He added future technology could affect the numbers.

TOWNSHIP COUNCIL and MUNICIPAL CLERK 3a. Cablevision Franchise; Discussion Roth said the Agreement has not yet expired. He asked the Township Attorney to review the documents to ensure there was nothing that needed to be done prior to the expiration. The Township Attorney said he looked at the letter and we are within our time. He said at this point we adopted an Ordinance in 2006, Ordinance No. 1583, and there was a challenge to the Ordinance. The BPU filed an objection.

Roth said the Township Attorney will review the information and come back to the Council. He said he wanted to insure we do not miss any imminent dates.

The Township Attorney said he will let the Council President and Municipal Clerk know when the item is ready to go back on the Agenda.

Township of Mahwah Combined Work Session and Public Meeting Minutes of July 24, 2014 Page 4 3b. Resolution of Support for Assembly Bill A-900 Allowing Municipalities to Clean Streams with a Minimum of “Red Tape” Resolution shall be voted on in the Public Meeting.

3c. Raffle Application; Mahwah Ladder #2 (On Premise) Raffle Application was tentatively approved. Final approval shall be voted on in the Public Meeting.

PUBLIC MEETING RESOLUTION #236-14: Mayor’s Appointment of DPW Director Roth said he was asked by Hermansen to retake the vote on Resolution #236-14 as Hermansen was delayed in getting to the Meeting and missed the vote.

Council voted on Resolution #236-14 which is attached to and made part of these Meeting Minutes.

APPROVAL OF BILLS AND CLAIMS On a motion by DiGiulio, seconded by Williams, the Bills and Claims, previously signed, totaling $1,296,292.35 were approved. Roll call vote: DiGiulio, yes; Hermansen, yes; Jandris, yes; Larson, absent; 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 Sbarra, seconded by Hermansen, the Combined Work Session and Public Meeting Minutes of April 24, 2014 and the Combined Work Session and Public Meeting Minutes of June 5, 2014 were approved. Roll call vote: DiGiulio, abstained on April 24, 2014 and yes to June 5, 2014; Hermansen, yes; Jandris, yes to April 24, 2014 and abstained on June 5, 2014; Larson, absent; Sbarra, yes; Williams, yes; Roth, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES DiGiulio congratulated Ed Sinclair. She said he is a great friend and worker.

DiGiulio attended the Gold Award Ceremony for Rachael, Allison and Julia. She congratulated all three girls and said it was an honor to be at the ceremony. She thanked the leaders for all of their hard work. She suggested the leaders be brought in and that they be thanked for all of the work that they do.

Hermansen – attended the funeral for Police Officer Goodell. He said it is the second time in 2 years that Waldwick has suffered a loss. He said the way the funeral was handled is a credit to the town. His thoughts to the family, Police Department and the town.

Hermansen – is grateful to the Mayor for appointing Ed Sinclair as the DPW Director. He congratulated Ed. Township of Mahwah Combined Work Session and Public Meeting Minutes of July 24, 2014 Page 5 Hermansen attended the MMA Graduation. He said Sgt. Curtis will be missed.

Jandris congratulated Ed Sinclair.

Jandris said the last two Planning Board Meetings were cancelled.

Sbarra congratulated Ed Sinclair on his appointment.

Williams congratulated Ed Sinclair. He added Ed has a tremendous opportunity to take the DPW to another level.

Williams attended the JPL and the tribute to Sgt. Curtis. He is proud of the Program and wishes Sgt. Curtis well.

Williams said an Upcoming Event for Recreation is The Lego Movie next Tuesday.

Williams said on August 7th at the Mahwah Bar and Grill the Soccer Teams will be meeting for a buffet. And at the Mason Jar the Softball and Tennis Clubs will be meeting.

Williams said he attended the second Meeting of the Pool Committee. He said at the meeting falling membership and reasons thereof were discussed. He said they are pleased with the initial Survey – over 300 people have responded. By end of September Williams expects to report back about the Survey on the Pool.

Roth congratulated Ed Sinclair.

Roth said Sgt. Curtis will be missed. He added that the Council will be recognizing Sgt. Curtis at a future Meeting.

Roth said the Cable Committee met on July 14th.

Roth said work continues on the Ipads and paperless meetings. Next week a memo is expected to go out that the Ipads will be ready to be picked up. In the near future a presentation will be held.

DiGiulio added she attended the MMA Graduation.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR Mayor said Ed Sinclair was interviewed three times and he said he spells opportunity.

Mayor attended the JPL Graduation. He added the bond between the Officers and the children is important.

Mayor said he presented the fiancee of Officer Goodell with a Mahwah pin. He escorted 7 Officers to the funeral.

Township of Mahwah Combined Work Session and Public Meeting Minutes of July 24, 2014 Page 6 ORDINANCES – PUBLIC HEARINGS The title of an Ordinance was read as follows: AN ORDINANCE TO AMEND SALARY ORDINANCE NO. 1709

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 Hermansen, seconded by Sbarra, the following r4esolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1753

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

PUBLIC PORTION On a motion by Sbarra, seconded by Hermansen, the meeting was opened to the public at 9:22PM. All in favor. Motion carried.

Mr. Greg Sgambati of 2293 Oakham Court spoke about the Ordinance being considered concerning animal waste on the fields. He said he is aware that the subject has gone to the Ordinance Committee. He asked DiGiulio, as Chair of the Committee, if she had anything to share on this. DiGiulio explained the problem is with enforcement. Mr. Sgambati said it sounds like residents would be favorable. He added a resident has contact with an organization who would provide signs with bags at no cost.

Mr. Sgambati said he spoke with a resident who is concerned with the time that the Recycling Center is opened. Mayor said the plan is to move the DPW to Micik Lane. And the hours of operation will be reviewed.

Hermansen asked for an Analysis of what it would cost to have the DPW open until 4:00PM on Saturdays – both every Saturday and every other Saturday.

On a motion by Jandris, seconded by Hermansen, the meeting was closed to the public at 9:28PM. All in favor. Motion carried.

CONSENT AGENDA Resolutions #228-14 through #235-14 and the Raffle Application for Mahwah Ladder #2 (On Premise) were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Township of Mahwah Combined Work Session and Public Meeting Minutes of July 24, 2014 Page 7 RESOLUTION #236-14 Mayor’s Appointment; DPW Director Item discussed and voted on earlier in the Meeting.

OLD BUSINESS Williams asked Administration if there is a Report on Condo Recycling. The Business Administrator said the DPW Employees do provide service to the condos. And we do recycle cardboard. He added he has spoken to the DPW Director on how this can be made better. They are working on how the cardboard is collected at the condos.

Jandris asked about the status of the ADA at the pool. The Business Administrator said nothing to report.

NEW BUSINESS Hermansen asked where we are on the hires of the new Police Officers. The Business Administrator said we are at three. And there is going to be a new Test given and we will have a new List. There will be two other departures – 1 in September and 1 at the end of the year. He suggested hiring 4 Officers instead of 3.

Sbarra referred to the email from Mr. Drago. He questioned how we communicate to emails send to all of us. Roth said the ideal process when a letter comes to Council is the Council President would respond.

CLOSED SESSION On a motion by Hermansen, seconded by Sbarra, Council went into Closed Session at 9:45PM for the express purposes of discussing: C1. Tax Appeals a. 9 Victoria Lane; Block 147.02, Lot 64 b. Brook Court (Inside); Block 169, Lot 19 C2. Affordable Housing Litigation and Purchases All in favor. Motion carried.

On a motion by Hermansen, seconded by Sbarra, Council came out of Closed Session and returned to Open Session at 9:53PM. All in favor. Motion carried.

On a motion by Hermansen, seconded by DiGiulio, the meeting was adjourned at 9:54PM. 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 July 24, 2014 Page 8