Township of Mahwah s31

Township of Mahwah – Combined Work Session and Public Meeting Minutes of January 8, 2009 TOWNSHIP OF MAHWAH COMBINED WORK SESSION AND PUBLIC MEETING MINUTES THURSDAY, JANUARY 8, 2009

The meeting was called to order at 8:04PM by Council Vice President Hermansen who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 11, 2008 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, January 8, 2009 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, Hermansen, Kidd, Larson and Roth. Absent: Councilmember DaPuzzo.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerard Spiesbach, Township Utility Engineer’s Associate Vishal Shah and Municipal Clerk Kathrine G. Coletta.

PUBLIC PORTION On a motion by Roth, seconded by Larson, the meeting was opened to the public at 8:05PM. All in favor. Motion carried.

Mr. Art Lowe of Erskine Court said it is his understanding the Police Department has reached a solution on the Ridge Road traffic situation in the area of the schools. He understands the solution cannot be implemented until the spring. He asked if the Township is going to follow through. The Business Administrator answered yes.

Mr. Frank Petronio presented a letter, photographs and newspaper articles to the Council and requested they close Olney Road.

Mr. Michael DeLuca of 11 Parsons Court asked if there is a liaison between the Board of Education and the Township. He asked that the Board of Education be held to the same guidelines as the Township on their Budget.

On a motion by Roth, seconded by Larson, the meeting was closed to the public at 8:11PM. 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.

1 Township of Mahwah – Combined Work Session and Public Meeting Minutes of January 8, 2009

ENGINEERING (Boswell-McClave) 1a. Rowayton Properties LLC; Airmount Road and Woodcrest Court; Block 109, Lots 4 and 5; Request to Release Performance Guarantees (Dkt. #473) DiGiulio questioned if the residents have signed off that they are in agreement with the three shade trees not being planted. The Township Engineer’s Representative shall contact the Woodcrest Homeowners Association and obtain a letter on same. Same shall be made a condition of the Resolution to be voted on in the Public Meeting.

5c. Request for Waiver of Right-of-Way Infringement; 39 Cortland Trail; Continuation of Discussion Mr. and Mrs. Manchanda were present.

The Township Engineer’s Representative said at the December 6, 2008 Council Meeting, the Property Owner at 39 Cortland Trail came before the Township Council requesting a Waiver of the Right-of-Way Infringement. The Township Council asked the Township Engineer to go to the site and comment on the four piers. The Township Engineer’s Representative said the Property Owner had his contractor install driveway piers on each side of his circular driveway. The Township Engineer’s Representative said a question was asked as to whether or not the piers would cause an obstruction of the sight distance. The Township Engineer’s Representative was at the site and on the north end of the driveway a car would extend 36 inches or 3 feet. The Township Engineer’s Representative said based on the density and geometry of the street he did not see the piers as been a sight obstruction.

DiGiulio asked about the distance. The Township Engineer’s Representative said the distance is acceptable but there may be a problem with the height.

Mr. Manchanda interjected that the piers are 4 feet 8 inches high and the allowable height is 4 feet so they are 8 inches over the allowed height.

DiGiulio asked the procedure at this point. The Township Engineer’s Representative said the Council can approve the waiver. However, since the piers exceed the Township Ordinance on the height of the object, the Property Owners would need to go to the Zoning Board of Adjustment for approval.

The Township Attorney said the Township may choose to allow a license for the piers to be at the location subject to the Zoning Board of Adjustment approval. Should the Zoning Board of Adjustment not grant approval the piers would need to be removed.

Roth questioned if the Township Council is the proper venue to discuss this and suggested perhaps this matter should be before the Zoning Board of Adjustment. The Township Attorney said he viewed the project as a construction project in the Township’s Right-of-Way. Roth questioned if before this is considered by the Township Council should it not go before the Zoning Board of Adjustment first. The Township Attorney said it could be done either way.

The Business Administrator added if the piers were constructed 4 feet in height and the Property Owner came to the Township Council with the piers encroaching in the right-of- way the matter would not be going to the Zoning Board of Adjustment. The reason this matter would be going before the Zoning Board of Adjustment is for the 8 inches which exceeds the allowable height.

Roth feels a precedent is being set.

DiGiulio made a motion, seconded by Hermansen, to allow the piers to remain in the right-of-way subject to the Zoning Board of Adjustment approval on the height. Roll call vote: Alderisio, no; DaPuzzo, absent; DiGiulio, yes; Kidd, yes; Larson, abstain; Roth, no; Hermansen, yes.

Alderisio said he agrees with Roth that a precedent is being set which could cause problems in the future.

Larson questioned if this could be used as a precedent. The Township Attorney said this would be a license to allow construction in the right-of-way subject to conditions. Each application stands on its own facts.

Roth said he feels this is an issue between the Homeowner and the Contractor. He further said he does not feel this is an issue the Township Council should be adjudicating. He feels the contractor should fix the problem.

Resolution shall be voted on in the Public Meeting.

1b. Written Status Report - January 2009 MA-980- Masonicus Brook Stream Cleaning and Restoration of Winters Pond: The County Mosquito Commission is on schedule to begin the exploratory work in January.

MA-1136- Revisions to FEMA Flood Insurance Rate Maps: The Township Engineer’s Representative spoke to the Army Corps. of Engineer’s. They are in possession of some stream modeling on the Masonicus Brook. The Army Corp’s Representative will be sending the information to the Township Engineer’s Representative. The Township Engineer’s Representative will review the information and report back to the Council.

Young World Day School: DiGiulio questioned the status. The Township Attorney said he has been looking into the possibility that the school expanded beyond what was permitted.

Economic Stimulus Packages: The Township Engineer said on December 15, 2008, he received a memorandum from the New Jersey State League of Municipalities asking for projects which would be ready to go on an expedited time frame. On December 19, 2008, the Township Engineer’s Representative sent 3 candidate projects to the Business Administrator. On Wednesday, the Township Engineer will be meeting with a Representative of the New Jersey Infrastructure Trust Program. The Township Engineer assured Council the Township’s interests are actively being protected. 3 Township of Mahwah – Combined Work Session and Public Meeting Minutes of January 8, 2009

Larson asked what types of projects are involved. The Township Engineer said roadway projects, bridge projects, sewer projects. The Township Engineer said Mr. Kelly has identified 3 possible projects. Other possible projects – new intersection at Franklin Turnpike, sidewalk improvements, improvements to MacArthur Boulevard.

The Business Administrator said there are two projects that are “shovel ready” which are projects that are designed and ready to go in 90 days -- the Ford Well Field Renovation Project and the Nilsen Booster Station.

TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie) Economic Stimulus Packages: The Township Utility Engineer said they are working on two projects with Administration: Nilsen Booster Station and the Ford Well Field.

2a. Stage 5 Sewer Project 1. Close-Out Change Order Resolution shall be voted on in the Public Meeting.

2. PM Construction; Request for Price Adjustment The Township Attorney agreed with the Township Utility Engineer that there is not a provision in the contract and therefore the request shall be denied. Business Administrator shall write letter to contractor.

3. Grinder Pump; Recommendation to Award Resolution shall be voted on in the Public Meeting.

2b. Written Progress Report – January 2009 Nilsen Booster Station: The permit has been received from the State.

Ford Well Field: expect to receive the formal Highlands Exemption soon.

LEGAL 3a. Ordinance Authorizing the Sale of Block 11, Lots 37 and 38; Eastview Drive Ordinance shall be introduced in the Public Meeting.

3b. Olney Road – Status Report The Township Attorney said Council previously requested quotes be obtained for engineers. One quote has been received and another is expected.

3c. Authorization for Mayor and Municipal Clerk to Sign Roadway Widening Easement between Township and County of Bergen; East Side of Franklin Turnpike between Miller Road and King Street Resolution shall be voted on in the Public Meeting.

ADMINISTRATION 4a. Third Party Administrator Contract; IDA/UHY for 2009 Resolution shall be voted on in the Public Meeting.

4b. Appointment of Public Agency Compliance Officer Resolution shall be voted on in the Public Meeting.

4c. Authorization for Administrative Assistant and Registered Public Purchasing Specialist to Sign Purchase Orders, Request for Emergency Purchases and Sub- Account Transfers in Absence of the Business Administrator; 2009 Resolution shall be voted on in the Public Meeting.

4d. Award of Contract – Pay to Play Compliance; Beyer Brothers Corporation Resolution shall be voted on in the Public Meeting.

4e. Bergen County Natural Hazard Mitigation Plan Resolution shall be voted on in the Public Meeting.

TOWNSHIP COUNCIL AND MUNICIPAL CLERK 5a. Raffle Applications 1. Mahwah HS Thunderbird Sports Booster Club Inc. (Tricky Tray) 2. Mahwah HS Thunderbird Sports Booster Club Inc. (On Premise, 50/50) Raffle Applications were tentatively approved. Final approval shall be voted on in the Public Meeting.

5b. CDBG Grant Endorsement; Ramapough Mountain Indians Inc. Alderisio questioned if this endorsement would obligate the Township for funds. The Business Administrator said no.

Resolution shall be voted on in the Public Meeting.

5c. Request for Waiver of Right-of-Way Infringement; 39 Cortland Trail; Continuation of Discussion Discussed under Township Engineer.

PUBLIC MEETING APPROVAL OF BILLS AND CLAIMS On a motion by Alderisio, seconded by Roth, the Bills and Claims, previously signed, totaling $4,758,745.77, were approved. Roll call vote: Alderisio, yes; DaPuzzo, absent; DiGiulio, yes; Kidd, no; Larson, yes; Roth, yes; Hermansen, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES On a motion by Roth, seconded by Larson, the Combined Work Session and Public Meeting Minutes of December 4, 2008, Combined Work Session and Public Meeting Minutes of December 18, 2008 and the Closed Session Meeting Minutes of December 18, 2008 were approved. Roll call vote: Alderisio, yes; DaPuzzo, absent; DiGiulio, yes; Kidd, yes; Larson, yes; Roth, yes; Hermansen, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES DiGiulio attended the Eagle Scout Ceremony for Brendan Mooney.

Kidd said he has heard from many residents who are concerned about the financial climate. They are concerned about their taxes and bills.

Kidd clarified that his room for the League of Municipalities Convention was cancelled and given to another individual to attend the Convention.

Roth said he attended the Eagle Ceremony for Brendan Mooney.

Hermansen attended the Swearing In Ceremony of the Fire Officers.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR Mayor Martel said the Swearing In Ceremony of the Fire and Ambulance Officers was on January 1, 2009 here at the Municipal Building in the Council Chambers for the first time. Afterwards a gathering was held at the Fire Company #2.

The Mayor said he has been working on the budget with Administration. Council will receive the Budget on January 15, 2009.

The Business Administrator said he attended a meeting today with a consultant and Administrators from the northwest area. He has been working for about a year on compiling requests for proposals for the purchase of electrical supplies. The RFP will be going out next week and proposals will be received in February.

PUBLIC PORTION On a motion by Roth, seconded by Larson, the meeting was opened to the public at 9:40PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue pointed out the Mayor attended the League of Municipalities Convention for 4 nights. The Mayor answered there were meetings, which he needed to attend.

Mr. Kidd said he heard there was a police auction where a vehicle was auctioned off. The Business Administrator said the Police Department trades in vehicles when new ones are acquired. Kidd asked the cost of the truck auctioned off.

Mr. Kidd said through public records he reviewed the O’Keefe settlement which was $105,000. He asked if the settlement included Attorney’s fees. The Township Attorney said Attorney’s fees were not awarded.

Mr. Kidd asked the cost of the Olney Road lawsuit. The Township Attorney answered he did not know.

Mr. Kidd asked that the weeds by the bank be trimmed.

On a motion by Roth, seconded by Alderisio, the meeting was closed to the public at 9:47PM. All in favor. Motion carried.

ORDINANCE – INTRODUCTION The title of an Ordinance was read as follows: AN ORDINANCE OF THE TOWNSHIP OF MAHWAH AUTHORIZING THE SALE OF LOTS 37 AND 38 IN BLOCK 11, VACANT UNDERSIZED PARCELS OF LAND LOCATED ON EASTVIEW DRIVE PURSUANT TO THE LOCAL LANDS AND BUILDINGS LAW.

RESOLUTION – ORDINANCE NO. 1633

Introduced by Roth, seconded by Larson.

RESOLVED that the Ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said Ordinance be considered for final passage at a meeting to be held January 22, 2009 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the Municipal Clerk shall publish said Ordinance with notice of introduction, passage and time and place where said Ordinance will be considered for final passage.

Roll call vote: Alderisio, yes; DaPuzzo, yes; DiGiulio, yes; Kidd, yes; Larson, yes; Roth, yes; Hermansen, yes.

CONSENT AGENDA Resolutions #001-09 through #011-09 and the Raffle Applications for Mahwah HS Thunderbird Sports Booster Club Inc. (Tricky Tray and On Premise, 50/50) were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolution #012-09 was removed from the Consent Agenda.

CLOSED SESSION Council did not go into Closed Session.

OLD BUSINESS None.

NEW BUSINESS None.

On a motion by Alderisio, seconded by Roth, the meeting was adjourned at 9:57PM. All in favor. Motion carried.

Respectfully submitted,

Kathrine G. Coletta, RMC/MMC Municipal Clerk