Township of Mahwah Combined Work Session and Public Meeting of March 31, 2011

TOWNSHIP OF MAHWAH COMBINED WORK SESSION AND PUBLIC MEETING MINUTES THURSDAY, MARCH 31, 2011

The meeting was called to order at 8:13PM by Council President Roth who read the Open Public Meetings Act Statement as prescribed by law. Notice was faxed to The Suburban News on February 23, 2011 and advertised in The Record on February 25, 2011 stating this meeting would be held at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, March 31, 2011 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 the Flag.

Present: Councilmembers Alderisio, DiGiulio, Larson, Roth, Spiech, and Williams.

Also present were Mayor John DaPuzzo, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli and Municipal Clerk Kathrine Coletta.

Council President advised those present there are two items on the Agenda: one being the possible Appointment of a Councilmember and the second being the Ordinances on the Crossroads. He pointed out there will be two public portions.

PUBLIC PORTION On a motion by Alderisio, seconded by DiGiulio, the meeting was opened to the public at 8:26PM. All in favor. Motion carried.

Mr. Lou Rizzo of 12 Rae Avenue pointed out the governing body can operate with six members. He suggested Council wait until November for the vote on the new Councilmember.

Mr. Dave Howard of 70 Elizabeth Lane feels that if a member was appointed to the Township Council tonight it would be inappropriate for them to vote on the Crossroads as they have not voted on the subject in the past.

On a motion by Larson, seconded by DiGiulio, the meeting was closed to the public at 8:30PM. All in favor. Motion carried.

Larson suggested delaying the vote on the Councilmember until after the vote on the Crossroads Ordinances. Motion seconded by Alderisio.

The Township Attorney said there was a motion to move the vote on the Councilmember until after the Crossroads Ordinances. He advised Council that the appointment of the Councilmember must be done by April 9, 2011 or if Council determines they can wait until November, 2011.

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Motion was made by Larson, seconded by Alderisio, to move the vote on the Councilmember until after the vote on the Crossroads Ordinances: Alderisio, yes; DiGiulio, yes; Larson, yes; Spiech, no, Williams, yes; Roth, no.

Roth said the Developer will give a 5 minutes presentation on what is being planned. He said the Council is not approving the building. He clarified the Township Council is only voting on the zoning change.

Spiech made a motion, seconded by DiGiulio, to postpone the vote on the Ordinances and put the vote on a non-binding referendum in November.

Motion was not accepted based on the advice of legal counsel. The Township Attorney pointed out state statute prohibits the voting of a non-binding referendum for a zoning change.

Roll call vote on motion: Alderisio, yes; DiGiulio, yes; Larson, no; Spiech, yes; Williams, no; Roth, no. Motion tie – motion fails.

Mr. James Jaworski, Attorney for Crossroads Developers LLC and Mr. Tony DiGiovanni of Crossroads Developers was present.

Mr. Jaworski said the rezoning of the property has been in the process for 8 months. He added that he has met with the Council about 10 times.

Mr. Jaworski made a slide presentation showing the property as it is today. And that his client is looking to transform the property into a Mixed Use Center with retail, dining, office and recreational facilities. Shown was a proposed map of the property. Mr. Jaworski added an open-air shopping center would offer the shops and restaurants serving the community and its lifestyle. He said the site layout, building architecture and landscape features make the area unique, special and pedestrian friendly. Shown were slides of what could be built on the site and what the site could look like.

Mr. Jaworski spoke about the CTC Ordinance. He said the Ordinance was designed and refined and is very different from the typical ordinance. He said the Ordinance has very specific permitted and prohibited uses. Prohibited is conventional retail uses such as home improvement centers, lumber yards, auto repair shops, gas stations and fast food restaurants with drive thrus. The Design Criteria for the Ordinance would require 600 foot pedestrian oriented corridor with at least one cross street, specified tree sizes and separation requirements on access road, requires landscaping islands for every 20 parking stalls to avoid large amounts of asphalt, and requires aesthetic articulation and materials for structures to preclude “block boxes”. The Developer would be mandated to submit to the Planning Board a Planning Report, Regional and Site –Specific Traffic Report and a Security Plan.

Mr. Jaworski said in the Traffic Improvement District Ordinance the Developer would be mandated an obligation as far as the retail, office/hotel, full build out and assuming full build out of the project.

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Mr. Jaworski spoke about the Shopping Center Private Security Ordinance, which he said the Ordinance would require Security Officer Patrol Service upon completion of 250,000 square feet, an additional Security Officer for each 200,000 square feet, an unarmed Security Officer in a designated vehicle with adequate means of communication to the Mahwah Police Department. The Developer will be obligated at the discretion of the Township to construct and equip an emergency services facility.

Mr. Disario, Traffic Consultant of Langan Engineering and Environmental Services, said there are steps which any Traffic Engineer must take when conducting a Traffic Study. He said there is a methodology which must be followed. He discussed the slides on the comparisons of the estimated traffic volumes. He added the majority of shoppers that would come through the town would be the same shoppers that would go to the site. He said the Township Engineer reviewed the study and agrees with the conclusions.

Mr. Jaworski stated he has heard that the mall will bring crime to the area. He said he has met with the Police Chief and a memorandum was written by the Police Chief and provided to Council.

Mr. Joseph Burgis, Township Planner was present. Mr. Burgis referred to the report the Planning Board submitted to the Council. He said in accordance with the Municipal Land Use Law the Planning Board has 35 days to submit the report. He added the Planning Board made two findings; in terms of the Land use Plan the Ordinance is not consistent with the Master Plan and

ORDINANCES – PUBLIC HEARINGS The title of an Ordinance was read as follows: AN ORDINANCE AMENDING CHAPTER XXIV OF THE CODE OF THE TOWNSHIP OF MAHWAH TO CREATE A NEW SECTION 24-19 ENTITLED “CROSSROADS TOWN CENTER OVERLAY ZONE” FOR BLOCK 26, LOTS 2, 10 AND 11 AND BLOCK 183, LOT 1 AND TO AMEND SECTION 24-3.1 ENTITLED “DISTRICTS DESIGNATED” AND 24-3.2 ENTITLED “ZONING MAP” TO INCORPORATE THE NEW OVERLAY ZONE.

On a motion by Spiech, seconded by Alderisio, the meeting was opened to the public at 9:12PM. All in favor. Motion carried.

Mr. Mike Richards of 624 Blue Ridge Lane referred to a petition that was run online. Mr. Richards provided the petition to the Municipal Clerk.

Mr. Patrick Withers, Councilmember from Suffern, NY, is concerned with the impact of the flooding. He urged the Council to send the Plan back to the Planning Board. He questioned the $4 million for the road improvements. He suggested the Township tell the Developer “We are not for sale”.

Mr. Graham Starr of 84 Deerhaven Road said the mall is being built near the Ramapo River and the runoff and pollution will be running into the river. He questioned if we want something such as the mall so close to the schools.

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Mr. John Herring of Hines Avenue said he sent a letter to the Council concerning the mall. Mr. Herring went on to say that the Township has many fields now and has difficulty maintaining them. He questioned why we are getting more.

Mr. Lou Guarneri of MacLeish Court suggested the amount of office space be reduced. Mr. Guarneri pointed out there would be a single road in and out of the proposed mall. Mr. Guarneri suggested a motion be mad for a non-binding referendum.

Mr. Jeff Ganzer of 32 First Street in Suffern, NY questioned the number of Security Officers that will be on the site. He pointed out the Traffic Study did not influence the roads within the Township. He asked the Council to think carefully about their decision. He said the property should stay the way it is. He suggested a farm be proposed.

Mr. Barbara Doley of 145 Oweno Road said she moved to the Township because of the schools, parks, etc. She questioned if there are any studies on water the proposed mall may do to the Township’s water supply.

Mrs. Meg Winthrop explained how bad the traffic is in her area. And how the proposed mall will make it worse.

Mr. Ian Hasler of Rockland, NY is concerned about the Township’s aquafir.

Mr. Ron Walberg of Deerfield Terrace feels the shopping mall would be noise pollution. He feels future generations will be jeopardized. He urged the Council not to sell the Township’s quality of life.

Mr. Steve Talurico of North Bayard Lane said every argument against the mall is based on facts.

A Resident of 529 Holly Court questioned the heavy machinery that will be used for the construction. They questioned how fair it is to the residents of Stag Hill that there will be one way in and one way out.

Mr. Lou Rizzo of 12 Rae Avenue questioned how many patrons will be needed weekly for the stores to survive. He questioned if the Council has checked the cost of the road improvements inclusive.

Mr. Dave Heitman of 9 Hines Avenue said he has not heard about the human aspects of the mall. He questioned what study will tell about West Mahwah. He questioned how much his house will be worth after this is approved. He said the Council was elected to protect the residents. He said the project says that West Mahwah does not matter.

Mr. Elaine Ellmann of South Bayard Lane asked Council to keep the residents in mind.

A Resident of 632 Blue Ridge Lane said with the mall there will be more pollution and flooding. He said the Township’s reputation will be ruined by building the mall.

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Mr. Jo Corrigan, Village of Suffern, NY said the Village has quite a few concerns. He said no plans have been looked at for floods, etc.

A Resident of 52 Milford Lane in Suffern, NY suggested going to a Clarkstown, NY meeting. He said every meting their mall is discussed.

Roth left the meeting at 10:30PM. Williams took over.

Mr. Mike Granata of 141 East Slope Road feel the issue is about the quality of life in the Town. He pointed out 4 or 5 malls are located closely to the Township. He urged Council to vote no.

Mrs. Anne Nicholson of Bergen Place lives in the backyard of the International Crossroads. She showed pictures of the flooding a couple of weeks ago. She is concerned what will happen to the small store owners if the mall come in. She asked the Council to do the right thing.

Roth returned at 10:33PM. Williams returned to his seat.

Ms. Audrey Artusio-Gold of Miller Road questioned how many people want the mall. She also questioned where the people are who want the mall. She asked who owns the property. Roth answered Crossroads Developers LLC. She urged Council to say no.

A Resident of Reich Avenue complained that rush hour now in his area is horrendous. He said as an EMT it is difficult for him with the traffic to respond from his home to the ambulance building.

Ms. Joey Bourgholtzer of Hillside Avenue referred to the Protest Petition which she filed earlier. She said she is disappointed that the Council for a second time vote down putting the question on a non-binding referendum. She pointed out the mall will be here long after we are gone. She said many residents feel they are being ignored for one Property Owner.

Ms. Bourholtzer asked questions of the Township Planner. Mrs. Bourgholtzer asked the Planner who compensated him for his work. Mr. Burgis answered an Escrow Account is set up through the Township which the Developer places money. The Township Attorney answered the money is placed in an Escrow Account. The fees are charged to the account. When the account draws down, the Developer adds additional money. The account is set up is accordance with State Law.

Ms. Bourgholtzer feels when the Developer pays the presentation is tainted.

Mr. Frank Volino of 11 Pelz Farm Court said if he wanted to live in a town with a mall he would have moved to Paramus. He asked Council to listen to the residents.

Ms. Catherine Clark of 112 Grove Street is opposed to the mall because at her school there was in a Code Gray. She asked if all the water would be given to the mall rather than to the residents. 5 Township of Mahwah Combined Work Session and Public Meeting of March 31, 2011

Mr. David Howard of Elizabeth Lane questioned how one Patrol Officer could patrol a mall of the proposed size. He feels a traffic and crime magnet will be created. He said the Developer said this is a New Town Center. He pointed out the Township already has a Town Center. He feels the mall will create traffic issues. He feels it is unsafe to have one entrance and one exit. He urged Council to vote against the mall.

Mr. Greg Haner of 10 Split Rock Road said Stag Hill Road is isolated. He said there access is tied to Route 17. He said every day he goes through traffic.

Mr. Peter Cassotis of South Mahwah Road said at Woodbury Commons, 20 percent of the traffic comes from Westchester. He suggested the property be used for solar panels and windmills. He feels the mall should be voted down.

Mr. Kevin Colucci of 28 Devine Drive said he has a traffic problem in his area. He asked for the Council to invest in him and not build the mall.

Mr. Don Kim of 468 Green Mountain Road feels the mall will effect all of the children. He added that his father is in business and the business is not doing well. His father does not know how he is going to send him to college. His father said he would sell his house. Mr. Kim is concerned if the mall is built the property values will decrease.

Mrs. Peg Thorton of Bergen Place complained about the flooding in her area. She complained about the traffic in her area. She said it took her 22 minutes to go from Franklin Turnpike to Route 202 because of the traffic. She feels if we cannot manage the traffic now how will we manage what is coming.

A Resident of 23 Windsor terrace asked why we need the mall. He also asked what the residents will get.

Mrs. Denise Heitman of Hines Avenue said Ramapo College is in town. When events are held the traffic is bad. She pointed out the Police and Fire Departments are utilized a lot by the college. She feels it is not safe to bring the mall to Mahwah. She asked Council to think about what they are voting on. She asked Council to vote no.

Mr. Stan Dublet of 56 Westervelt Lane said Council needs to know about the Patrick Farm and where it is. He said it is located on Routes 202 and 306 in New York where there are single family homes. He said the water feeds a sole source aquafir.

Mr. Laura Gaines of Lakeview Drive questioned how more cars can be accommodated by the bridge over Route 17 to go over to the Stag Hill area. She questioned Sharp’s view on the project. She feels that with the internet shopping malls will be less and less.

Ms. Jennifer Howard of 66 Elizabeth Lane feels if people wanted a mall they would be here speaking as those who do not want the mall have spoke. She feels the mall will effect the entire town.

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Mr. Engelhardt of 134 Lawrence Road said she does not allow her children to go to the mall alone. She feels malls are dangerous. She feels the Council is forgetting about the children.

Mrs. Carol Scherer of 278 Vista View Drive often gets off the highway to get out of traffic. She feels we are inviting a giant problem.

Mr. Charles Viccaro of 623 Blue Ridge Lane asked why we are building a mall when we have many empty stores.

Mr. Graham Starr of 84 Deeerhaven Road asked about the idling law that was adopted last year. He questioned whether the mall would have to adhere to it.

Mrs. Roz Flynn of Meadow Avenue said during the recent flood water was to her doorway. She asked Council to think about West Mahwah. She urged Council not to build the mall.

On a motion by DiGiulio, seconded by Spiech, the meeting was closed to the public at 11:35PM. All in favor. Motion carried.

Roth asked for a roll call of each Councilperson on whether they received and reviewed the comments on the Planning Board Report on the Ordinances from Peter Scandarito Esq. on behalf of the Planning Board: Alderisio, yes; DiGiulio, yes; Larson, yes; Spiech, yes; Williams, yes; Roth, yes.

Alderisio said he has lived in town for 60 years. He said his daughter lives on State Street. He pointed out a question not asked was if we do not get the mall what will we get. He feels we could get something worse than the mall.

Spiech feels it is not the Township’s responsibility to ensure someone who builds makes a profit.

Spiech questioned the impact of one Ordinance on the other. The Township Attorney answered that should the Ordinances be adopted the Developer will go back to the Planning Board.

Spiech referred to the letter from the Village of Suffern on the modeling.

Larson feels we should be careful of what we wish for.

DiGiulio said 15 years ago she said no. She said the Master Plan says to build office. She feels the residents gave Council a referendum tonight. She said the quality of life in the Township will change. Williams said Councilmembers are residents and they are considering everything. He said Council is trying to do what is right for the town.

On a motion by Williams, seconded by Roth, the following Resolution was passed and adopted: 7 Township of Mahwah Combined Work Session and Public Meeting of March 31, 2011

RESOLUTION – ORDINANCE NO. 1684

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

Roll call vote: Alderisio, yes; DiGiulio, no; Larson, yes; Spiech, no; Williams, yes; Roth, yes.

* * * * The title of an Ordinance was read as follows: AN ORDINANCE AMENDING CHAPTER III OF THE CODE OF THE TOWNSHIP OF MAHWAH TO CREATE A NEW SECTION 3-14 ENTITLED “SHOPPING CENTER PRIVATE SECURITY REQUIREMENTS”, TO REQUIRE COMMERCIAL SECURITY BY PROVIDED ON COMMERCIAL RETAIL SITES THAT EXCEED CERTAIN ENUMERATED THRESHOLDS OF THE CODE OF THE TOWNSHIP OF MAHWAH.

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

Mr. Lou Guarneri of MacLeish Court said at the Planning Board Meeting the Planning Board was not happy with the short amount of time they were given to review and respond on the Ordinances. He said the people here will remember what the Council did.

Ms. June Herring of Hines Avenue asked Council that their backyard looks like. She feels Council should be ashamed.

A Resident of Mabie Court said the letter the Council received from the Planning Board did not accurately convey the comments.

Mr. Lou Rizzo of 12 Rae Avenue feels there should be a full investigation undertaken.

A Resident who did not provided their address asked where the financial documents are to show the development will benefit the Township.

Ms. Ardi Bourchag of Mulberry Drive feels there are other choices. She feels the Council should listen to the people.

Mr. Dave Heitman of Hines Avenue said tonight the Council ruined lives.

Mr. Mike Richards of 634 Blue Ridge Lane reminded Council that a Protest Petition was filed and that the petition requires a two-thirds vote of the Council. The Township Attorney answered the Petition is defective.

Mrs. Tara Prahat of Miller Road said there was not one person that agreed with the Council. She questioned Williams on what he was afraid of. 8 Township of Mahwah Combined Work Session and Public Meeting of March 31, 2011

A Resident of Pelz Farm Court said it is not the residents job to have a developer make a profit.

Mr. Steve Telarico asked how this could happen. He feels what was done was contradictory to common sense. He thanked those who voted no.

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

On a motion by Larson, seconded by Williams, the following Resolution as passed and adopted:

RESOLUTION – ORDINANCE NO. 1686

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; DiGiulio, no; Larson, yes; Spiech, no; Williams, yes; Roth, yes.

* * * * The title of an Ordinance was read as follows: AN ORDINANCE AMENDING CHAPTER XXIV OF THE CODE OF THE TOWNSHIP OF MAHWAH TO CREATE A NEW SECTION 24-20 ENTITLED “TRANSPORTATION IMPROVEMENT DISTRICT” FOR BLOCK 26, LOTS 2, 10 AND 11 AND BLOCK 183, LOT 1

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

Mr. Tom Grissom of 5 Mallard Road feels Mahwah has been brought to the lowest. He said the Council is deaf to the people.

Mrs. Susan Chin said almost everyone in the room has signed the petition they circulated against the mall.

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

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

RESOLUTION – ORDINANCE NO. 1687

9 Township of Mahwah Combined Work Session and Public Meeting of March 31, 2011

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

Roll call vote: Alderisio, yes; DiGiulio, no; Larson, yes; Spiech, no; Williams, yes; Roth, yes.

* * * * 1. Appointment of Councilmember; Discussion The Municipal Clerk read the three nominations received for the vacant Councilmember Position: Ms. Ellen Stein, Mr. Chuck Jandris and Mrs. Angela Clarkin.

Council President Roth asked if there were any other nomination. None were brought forward. Nominations for the vacant Councilmember position were closed.

RESOLUTION #068-11 Appointment of Councilmember Motion made by DiGiulio, seconded Roth, for Ms. Ellen Stein to fill the vacant Councilmember position: Alderiso, no; DiGiulio, yes; Larson, no; Roth, yes; Spiech, no; Williams, no. Motion fails.

Motion made by Williams, seconded by Larson, for Chuck Jandris to fill the vacant Councilmember position: Alderisio, no; DiGiulio, yes; Larson, yes; Roth, yes; Spiech, yes; Williams, yes.

See Resolution #068-11 attached to and made part of these Meeting Minutes.

Swearing In of Councilmember The Township Attorney swore in Councilmember Chuck Jandris.

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

Respectfully submitted,

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

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