Township of Mahwah s24

Township of Mahwah Combined Work Session and Public Meeting Minutes Of December 2, 2010

AMENDED: 12/17/10

TOWNSHIP OF MAHWAH COMBINED WORK SESSION AND PUBLIC MEETING MINUTES THURSDAY, DECEMBER 2, 2010

The meeting was called to order at 8:05PM by Council President DaPuzzo who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 8, 2010 stating this meeting would be held at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, December 2, 2010 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, DaPuzzo, DiGiulio, Larson, Roth, Spiech and Williams.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney’s Associate Andrew Fede, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerry Spiesbach and Municipal Clerk Kathrine G. Coletta.

PUBLIC PORTION On a motion by DiGiulio, seconded by Spiech, the meeting was opened to the public at 8:09PM. All in favor. Motion carried.

Mr. Peter Cassotis of Mahwah Road said he is unable to attend the Special Meeting on December 6th concerning the Crossroads Property. He questioned if the present owner sells the property before the improvements are completed who is responsible for finishing the improvements. DaPuzzo said the owners of the property would assume the responsibility.

Mr. Cassotis understands a timplex movie theater will be on the site. He is concerned about the increase in traffic in the area.

Mr. Cassotis informed the Council that 25% of shopping is done on the internet. He questions why we need more stores.

Mr. Cassotis questioned the traffic numbers in the Traffic Study.

Mr. Cassotis said he spoke to someone at the DOT and they would not be installing the extra lane on I-287 until 2040.

Mr. Lou Rizzo of 12 Rae Avenue feels the Council has a tough decision to make on the Crossroads property. He questioned how many people it will take to support the shopping center. He asked the Council to ensure the Township is fully protected. 1 Township of Mahwah Combined Work Session and Public Meeting Minutes Of December 2, 2010

Mr. Michael Montanya of Pond Meadows complained about the noise from the County Firing Range on Campgaw Road. DaPuzzo explained the facility belongs to the County. He suggested Mr. Montanya contact the Freeholder Board. Mr. Montanya said he has and has not gotten return telephone calls. DaPuzzo said he will contact the Freeholders and the Law and Public Safety Institute.

On a motion by Roth, seconded by DiGiulio, the meeting was closed to the public at 8:23PM. All in favor. Motion carried.

WORK SESSION SUBMISSION OF BILLS AND CLAIMS Any Councilmember with questions on the Bills and Claims was asked to contact Administration prior to the Pubic Meeting.

ENGINEERING (Boswell-McClave) 1a. OTO Development LLC (Hampton Inn and Suites); 280 Route 17 South; Block 136, Lot 5; Request for Release of Performance Guarantee The Township Engineer’s Associate recommended release of the Performance Guarantees totaling $443,880.00 contingent upon the Developer obtaining approval of the Township’s Water and Sewer Consultant, posting a two year Maintenance Guarantee in the amount of $184,950.00 and securing a letter from the Planning Board Administrative Officer verifying that sufficient escrow funds are available to cover any outstanding and all anticipated professional fees. Resolution shall be voted on in the Public Meeting.

1b. Franklin Turnpike and Miller Road Intersection Improvements; Franklin Turnpike and Miller Road; Discussion of Project The Township Engineer’s Associate distributed to Council a Map of the proposed project.

The Township Engineer’s Associate said Council previously discussed this subject and it was determined funding was not available. He said he approached the County and advised them of the Township’s position. The County said they intend to replace the existing traffic signal. The County also said if the Township is not in favor of widening the road they would only replace the traffic signal and if the Township changed their mind at a later date about the widening of the road they would entertain same. The Township Engineer’s Associate said the County questioned if the Township has sought grants.

The Business Administrator interjected and said the Mayor, Township Engineer’s Associate and himself attended a meeting with the County where they went over several projects. In the Meeting it was indicated the Township was not in the position to provide funding. The County responded that grants are available for streetscape type improvements. The Business Administrator asked Council if they would be inclined to proceed with the project if funding could jointly be secured between the Township and the County.

2 Township of Mahwah Combined Work Session and Public Meeting Minutes Of December 2, 2010

Roth asked if the grants are matching. The Township Engineer’s Associate said the grants are usually not matching meaning there is no contribution from the Township. He added that if a Grant Writer is hired they are paid a commission which would be borne by the Township.

DaPuzzo said currently both the Sunoco and Gulf stations have wide openings entrances. He said the proposal of the entrances and exits are smaller than exists now. He questioned whether the proposal is engraved in stone as he feels it would cause a hardship to both stations. He said the Township Engineer’s Associate checked with the County and the County’s position is they have a standard of not having uncontrolled access from roadways into sites. He added the County would not be in a position to endorse the project that would continue to have uncontrolled accessed in and out of the site.

Alderisio questioned with the two curb cuts at the Sunoco station how would a 60 foot tanker get in and out of the property with the narrow openings. The Township Engineer’s Associate said the layout was reviewed with the property owner. It is believed a tanker could get in and out of the property.

Roth questioned the how the Township Engineer’s Associate did the egress of a 60 foot tanker on the property. He questioned if this was done with traffic and vehicles present. The Township Engineer’s Associate said the analysis is done without vehicles at the site and without vehicles are the fueling stations.

DiGiulio asked the reason for the widening. The Township Engineer’s Associate said the reason for the widening is to provide for a left turn lane. DiGiulio questioned the property being taken. The Township Engineer’s Associate said from the Gulf station, 3 to 4 feet is being taken along Franklin Turnpike, the property east of Scherer Place that extends into the sidewalk which the Township Engineer’s Associate showed the Councilwoman on the Conceptual Map, which was distributed to Council. The Township Engineer’s Associate also showed a few other properties on the map which will be taken.

The Township Engineer’s Associate said the widening of the road would stop at the Wachovia bank.

DaPuzzo said by closing the entrance to the Gulf Station it will cause problem for the business owner. He said those going into the gas station will not be able to get back onto Franklin Turnpike.

DaPuzzo said if the plan shown to the Council tonight is the only plan the County will approve he is not in favor of proceeding with the grants.

Mayor Martel pointed out a new Administration will be coming in. He said he envisions a lot happening in the area with the train station. He recommended the Council wait until the new Administration is seated and to contact them for a meeting.

On a motion by DiGiulio, seconded by Larson, the meeting was opened to the public at 8:50PM. All in favor. Motion carried.

Mr. Williams LaForet, owner of the Sunoco Station, said in 2006 3500 cars traveled on Franklin Turnpike within a 12 hour period and in 2010 4100 cars traveled on Franklin Turnpike within a 12 hour period. This is a 9% increase within 4 years. He also pointed out 2% of the traffic make left hand turns. He said the traffic backs up on Friday evenings when the drivers are trying to circumvent traffic on I-287. He said the closer the vehicles are to the pumps the worse it will be for him.

On a motion by Roth, seconded by Spiech, the meeting was closed to the public at 8:59PM. All in favor. Motion carried.

Mayor Martel said he just heard from one business owner the impact the improvements will have on his business. He said it appears no matter what is done it will have an impact on the businesses. He said if there is a benefit to the Township he feels as many accommodations as possible should be made to the County and the business owners in order to make the project work. The Mayor pointed out we are dealing with an intersection in dire need of some kind of improvements.

DiGiulio made a motion to have a new traffic signal installed.

Spiech asked if the traffic signal were installed and later the Township decided to widen the road would the traffic signal need to be changed. The Township Engineer’s Associate said the signal would be modified.

Straw Poll Vote to advise the County the Township is not interested in moving forward with the improvements: Alderisio, yes; DiGiulio, yes; Larson, yes; Roth, yes; Spiech, no; Williams, no; DaPuzzo, no.

The Township Engineer’s Associate said he shall inform the County of the Council’s decision.

1c. Written Status Report – December 2010 MA-887: Island Road and East/West Ramapo Avenue Intersection Project – The Township Engineer’s Associate said the Business Administrator and himself met with the County and reviewed of the alignment of the street. They will be meeting with the Property Owners and return back to the Council to discuss the project further. The Township Engineer’s Associate said the project is scheduled to begin in 2012.

MA-1217: Improvements to Veteran’s Park – DiGiulio questioned if the project will be completed by Memorial Day in May. The Township Engineer’s Associate said the project should be completed.

MA-1236: Franklin Turnpike and Bellgrove Drive Intersection - The Township Engineer’s Associate said the project is being reviewed by the County. He said he was 4 Township of Mahwah Combined Work Session and Public Meeting Minutes Of December 2, 2010

contacted by the County and they need additional information. After the additional information is received, the Township Engineer’s Associate said the Township will determine if the signal is warranted.

Spiech asked if there is a written report from the DOT on I-287. The Township Engineer’s Associate said no. The Township Engineer’s Associate suggested contacting the DOT and ask what there plan is to correct the weaving problem. The Township Engineer’s Associate shall send a letter on same.

Franklin Turnpike and Bellgrove Drive: Alderisio said a presentation was made previously by a Developer who wanted to build a shopping center at the old Liberty Travel building. He suggested the driveway to the property be considered before the light is installed.

TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie) 2a. Authorization to Award Bid #MTB-10-15: Ford Well Field Modifications The Township Utility Engineer said this project accounts for 60% of the Township’s water system. He said at the Bid Opening, 10 bids were received.

The Township Utility Engineer said there was a letter received from one of the bidders protesting the Award of the Bid. He said Malcolm Pirnie issued a response in the form of a letter on November 22, 2010. The Township Utility Engineer verbally highlighted the points of his November 22, 2010 letter to Hutton Construction to the Council.

DaPuzzo asked if anyone from the audience was present for this subject. No response.

DaPuzzo asked the Township Attorney if he agrees that APS Constructors Inc. is a qualified bidder. The Township Attorney answered yes.

Resolution shall be voted on in the Public Meeting.

2b. Written Progress Report – November 2010 Nilsen Booster Station: the Township Utility Engineer said the contract will be closed out within the month. The Technical Rep. will meet with the DPW Superintendent to fine tune the station to the satisfaction of the DPW. After the adjustments are made to the station, the closeout paperwork will be processed.

DaPuzzo asked for readings showing there is an increase in pressure. The Township Utility Engineer shall provide same.

ADMINISTRATION 3a. Proposed Sale of Property; Avenue A and Third Street; Block 54, Lot 24; Discussion The Business Administrator said he spoke to the Director of Public Works with regard to the water problem in the area. The Director of Public Works said if the curb is constructed water would be diverted to the existing storm drain. 5 Township of Mahwah Combined Work Session and Public Meeting Minutes Of December 2, 2010

Council concurred to move forward and authorized the Business Administrator to advertise the minimum bid for the property at $100,000. Bids will be received after January 1, 2011.

3b. Bid Award – Easement; Lot 22, Block 102; Along Masonicus Brook The Business Administrator said one bid was received for $100.00.

Resolution shall be voted on in the Public Meeting.

3c. Progress Report; 2011 Budget The Business Administrator reported the Mayor and himself have completed the meetings with the Department Heads. He said the biggest problem is getting the budget to comply with the 2% tax levy cap. He said currently the Township is about half a million dollars over. He said they have spoken to the Ambulance Squads, are looking to reduce services at the pool and are looking to freeze salaries. He said they are running out of time as they need a Temporary Budget for January, 2011. He added some involuntary reductions may be made to the work force.

3d. Transfer of Appropriations Resolution shall be voted on in the Public Meeting.

PUBLIC MEETING APPROVAL OF BILLS AND CLAIMS On a motion by Roth, seconded by DiGiulio, the Bills and Claims, previously signed, totaling $4,936,540.05 were approved. A List of Bills and Claims is on file in the Municipal Clerk’s Office. Roll call vote: Alderisio, yes; DiGiulio, yes; Larson, yes; Roth, yes; Spiech, yes; Williams, yes; DaPuzzo, yes.

APPROVAL OF MEETING MINUTES On a motion by Spiech, seconded by Roth, the Combined Work Session and Public Meeting Minutes of October 21, 2010 were approved. Roll call vote: Alderisio, yes; DiGiulio, yes; Larson, abstain; Roth, yes; Spiech, yes; Williams, yes; DaPuzzo, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES Alderisio attended the Library Board Meeting. The renovation project is moving along and is expected to be completed by Christmas.

Alderisio attended the Senior Citizens Advisory Board Meeting. He said the Christmas Luncheon will be at 12 Noon on December 16th. He said on New Year’s Eve at 11AM the Seniors will be having a party.

DiGiulio said the Winterfest Opening is tomorrow at 7:00PM at Veteran’s Park.

DiGiulio said she attended the League of Municipalities Convention. 6 Township of Mahwah Combined Work Session and Public Meeting Minutes Of December 2, 2010

DiGiulio said this weekend the Beautification Committee will be decorating throughout the Township for the holidays.

DiGiulio said she attended the Menorah Lighting at the Temple. She wished everyone a Happy Hanukkah and Happy Holidays.

Alderisio referred to a letter from the Police Department on a drink – Four Loko. He commended the Police Department. He said the college has banned the drink on the campus.

Spiech attended the League of Municipalities Convention. He said he checked with the Census Bureau and the College will be counted in the census. He spoke of several other seminars he attended while at the League. He suggested next year the Township purchase the recordings of the seminars for those who were not able to attend the Convention.

Spiech went on the Senior trip today to Radio City Music Hall.

Williams reminded everyone of the Tree Lighting on Sunday at the Senior Center.

DaPuzzo reminded everyone of Winterfest at Veterans Park tomorrow at 7:00PM.

DaPuzzo attended the Menorah Lighting.

DaPuzzo said December 18th is the Mahwah Municipal Alliance Christmas Party from 12 Noon to 4PM at the Senior Center.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR Mayor Martel attended the Menorah Lighting. He echoed the comments made by Council. He said tonight was the Menorah Lighting at the Township.

The Business Administrator said the Sustainable New Jersey Group has been working with Clean Energy, a part of the NJDEP and BPU. There are grants available for energy savings in the buildings. A Survey was taken today at the Township. He said the Township could receive as much as $50,000. in grants to make our buildings more energy efficient.

Alderisio referred to the Survey he had taken on the ridership at the Bus Stop on Stephens Lane. He requested this item be placed on the December 16th Council Agenda.

PUBLIC PORTION On a motion by DiGiulio, seconded by Larson, the meeting was opened to the public at 9:59PM. All in favor. Motion carried.

On a motion by DiGiulio, seconded by Spiech, the meeting was closed to the public at 10:00PM. All in favor. Motion carried.

CONSENT AGENDA Resolutions #119-10A through #122-10A were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

CLOSED SESSION On a motion by Larson, seconded by Spiech, Council went into Closed Session at 9:56PM for the purposes of discussing the Status Reports on the Collective Bargaining Agreements and the Litigation Report for December 2010. All in favor. Motion carried.

On a motion by Roth, seconded by DiGiulio, Council returned to open session at 10:30PM. All in favor. Motion carried.

OLD BUSINESS None.

NEW BUSINESS Spiech referred to a letter received from a resident complaining about the conduct of one of the DPW Employees. The Mayor said he has forward the letter to the Director of Public Works for a response to the resident.

On a motion by Roth, seconded by Spiech, the meeting was adjourned at 10:32PM. All in favor. Motion carried.

Respectfully submitted,

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