Township of Mahwah s13

Township of Mahwah Combined Work Session and Public Meeting Minutes of June 7, 2012

TOWNSHIP OF MAHWAH COMBINED WORK SESSION AND PUBLIC MEETING MINUTES THURSDAY, JUNE 7, 2012

The meeting was called to order at 8:00PM by Council President Spiech who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on January 12, 2012 stating this meeting will be held in the Richard J. Martel Municipal Center, 475 Corporate Drive, Mahwah, New Jersey on Thursday, June 7, 2012 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 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 those who are serving in the military.

Present: Alderisio at 9:11PM, DiGiulio at 8:10PM, Jandris, Larson, Roth, Spiech and Williams

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

PUBLIC PORTION On a motion by Roth, seconded by Larson, the meeting was opened to the public at 8:07PM. All in favor. Motion carried.

Mr. John Anzelmo of 27 Hillside Avenue in Suffern, New York said he is here tonight about 98 Ramapo Valley Road. He provided a document to the Township Business Administrator from an Attorney concerning this gifting of the property to the Township.

On a motion by Roth, seconded by Williams, the meeting was closed to the public at 8:10PM. All in favor. Motion carried.

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

1 Township of Mahwah Combined Work Session and Public Meeting Minutes of June 7, 2012

TOWNSHIP COUNCIL and MUNICIPAL CLERK 4a. Parking; Rock Ridge Road Spiech referred to the memorandum from the Police Department dated April 17, 2012 on parking on Rock Ridge Road and other streets in the area. He said the Police Department received complaints from residents in the area that commuters were parking on Rock Ridge Road.

Spiech asked the Council for their comments.

Williams suggested the Police Department’s recommendation be read for the benefit of the public. Spiech summarized the memorandum.

Roth said he would like to hear form the residents.

On a motion by Roth, seconded by Williams, the meeting was opened to the public at 8:13PM. All in favor. Motion carried.

Mr. Peter Marino of 17 Wagon Trail said cars park on Rock Ridge Road.

Mr. John Duffy of 1 Rock Ridge Road said his problem is that because of the cars parked on the street it causes problems for residents, landscapers and snowplowing.

Mr. Gene Banas of 10 Rock Ridge Road feels there should be no parking on Rock Ridge Road. He referred to a near accident with a Federal Express truck and a school bus because of cars parked on either side of the road.

Mr. Tom Crudele of 9 Wagon Trail has never seen parking as an issue. Spiech pointed out if there is no parking on Rock Ridge Road the commuters will move over to the other streets. Mr. Crudele added that he is not in favor of the no parking. He said he does not want to see signs all over the front of his property.

Mr. Tony De Benedetto of 5 Boulder Trail has a problem as he has two cars that are parked in the street. He is not in favor of no parking.

Mr. Tom De Benedetto of 9 Boulder Trail has he has 5 cars and the no parking will cause a problem for him.

Mrs. Joy Schare of 25 Boulder Trail has lived in her home for 6 years. She has not had an issue. She suggested a sticker system be used.

Administration pointed out that even with resident stickers signs will need to be put up.

Williams pointed out the homes on Boulder and Wagon Trails are not as wide in front as the houses on Rock Ridge Road and therefore cannot accommodate as many cars in the street. He suggested only have no parking on Rock Ridge Road.

Spiech suggested no parking on Rock Ridge Road and Trellis Court, both sides, from 6AM to 9AM weekdays.

The Business Administrator said tonight is the Work Session Meeting. The Township Attorney shall draft an Ordinance for introduction and notices will be sent to the residents for the next Meeting.

ENGINEERING (Boswell-McClave) 1a. Schiffler Realty Corporation; 6 Leighton Place; Block 173, Lot 137; Request to Release Maintenance Guarantee (Dkt. #245-A) The Township Engineer’s Associate said the inspection of the property has been done. He recommended the release of the Maintenance Guarantee in the amount of $23,550. Resolution shall be voted on in the Public Meeting.

1b. Leaf Compost Facility; Permit Modification; Authorization to Perform Services Item removed from Agenda.

1c. Written Status Report – June, 2012 MA-1318 West Airmount Road Drainage Improvements: Proceeding with the design. The surveyors were at the site last week. Anticipate starting work in the Spring of 2013.

MA-1337 2012 Road, Curb and Sidewalk Improvement Program: The Township Engineer’s Associate referred to the Business Administrator’s memorandum of June 6, 2012. He said since the West Airmount Road Project will not be constructed this year the funds can be moved into the 2012 Road Program, which would allow the Township to pave additional roads. Currently, Ridge Road, Armour Road, Moffat Road, Lawrence Road, Bellgrove Drive and a portion of Stag Hill Road are scheduled to be paved. He said the recommendation is to include Mahwah Road from Franklin Turnpike to Malcolm Road, Doremus Road up to East Crescent Avenue, Alcott Road, Babcock Road, Davidson Court, a portion of Olney Road and Stonewall Court if additional money is allocated. He said he is looking for direction from the Council on the additional roads. The Business Administrator said depending on the bids received it is possible more streets could be paved.

Williams said there are several roads which he found that are not in good shape – Kilmer Road in the area of Armour Road towards the new development and Bellgrove Drive about 200 yards from Airmount. The Township Engineer’s Representative said he shall check the streets.

DiGiulio asked the status of Winters Pond – where we are on the schedule and what is next. The Township Engineer’s Representative said everything is going well. The diversion pipe was removed. All areas along the pond were restored. The local contractor continues to remove the dirt. Due to the rain, progress has been delayed.

DiGiulio asked if there will be a plan in restoring the area. The Township Engineer’s Representative said there will be a Meeting with Administration to discuss future projects in the area. He expects something to be ready by August.

Spiech asked on the side of the parking lot is that finished as it looks similar to a trough with the big rocks. The Township Engineer’s Representative said that has been completed. He said Administration is discussing the installation of a fence along the east side of the pond.

DiGiulio said the Beautification Committee was discussing the train station and where other towns train stations were recently renovated. She said the side towards the DPW the foundation is coming off. The Business Administrator said New Jersey Transit will be contacted to come and do an inspection.

Spiech asked on MA-1320 Campgaw Road and Seminary Drive Intersection has any progress been made. The Township Engineer’s Associate said he shall contact the Police Chief for an update.

Spiech asked on MA-1322 Safe Routes to Schools Program if any progress has been made. The Township Engineer’s Associate shall reached out to the Police Department for an update.

TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie) 2a. Monthly Progress Report – June, 2012 None.

ADMINISTRATION 3a. Mahwah Municipal Alliance; JIF Quasi-Entity Application The Business Administrator said the Joint Insurance Fund insures the Township for liability. He said quasi organizations are also insured. And DARE can also be added to the policy.

Roth questioned who the quasi organizations are. The Business Administrator said he will provide a list.

Resolution shall be voted on in the Public Meeting.

3b. Bergen County ADA Cooperative Engineering Design Grant Program The Business Administrator explained when the County does paving they do not include sidewalks. He went on to say this is a contract with the County contractor to install ADA Ramps on the County Roads. The Township would pay for the work and the County would reimburse the Township.

DiGiulio asked on the CDBG Grants does the Township qualify for any grants for compliance at the pool. The Business Administrator said he shall ask at the next CDBG Grant Meeting. 4 Township of Mahwah Combined Work Session and Public Meeting Minutes of June 7, 2012

Resolution shall be voted on in the Public Meeting.

3c. Chapter 159 1. Alcohol Education, Rehabilitation and Enforcement Fund 2. Drunk Driving Enforcement Fund Individual Resolutions for the above-mentioned shall be voted on in the Public Meeting.

3d. Certificate of Determination and Award #2012-1; For information Only

TOWNSHIP COUNCIL and MUNICIPAL CLERK 4a. Parking; Rock Ridge Road Discussed earlier in Meeting.

4b. Political Signs on Public Property and Right of Way; Discussion Spiech said currently the Township has an Ordinance on signs.

Spiech offered several options on signs: 1. keep the Current Ordinance as is and enforce 2. keep the Current Ordinance and require a bond be posted 3. give permission for a time period

Spiech pointed out that this will not prohibit someone from putting signs on their private property.

Mayor Laforet interjected and said the original intent was to have no signs in the Township right-of-way. He said it would be difficult to enforce 2 weeks before or 3 days after an election.

Straw poll vote: Do we want to address signs or keep as is? Yes vote to keep going as are. Alderisio, no; DiGiulio, yes; Jandris, no; Larson, yes; Roth, yes; Williams, no; Spiech, no.

Spiech asked Council what they want done.

Williams suggested some bullet points to given to the Township Attorney and he prepare an Ordinance for Council’s consideration.

Williams felt signs should be kept out of the right-of-way.

Alderisio said political signs should be allowed by limit the number.

Draft Ordinance shall be placed on the next Council Agenda.

4c. Renewal of Liquor Licenses; 2012-2013 Term Resolution shall be voted on in the Public Meeting.

4d. Opposition to S-1451 and S-1452 Resolution shall be voted on in the Public Meeting.

4e. Usage of Township Parks by Personal Trainers; Discussion Spiech said there are a few commercial operators who use Continental Solders Field and Commodore Perry Field.

Township Attorney shall research the subject.

Item shall be discussed at the July 12, 2012 Council Meeting.

4f. Special Events Permit Application; Garden State Wine Growers Association Resolution shall be voted on in the Public Meeting.

PUBLIC MEETING APPROVAL OF BILLS AND CLAIMS On a motion by Roth, seconded by Larson, the Bills and Claims, previously signed totaling $5,279,426.38, were approved. Roll call vote: Alderisio, yes; DiGiulio, absent; Jandris, absent; Larson, yes; Roth, yes; Williams, yes; Spiech, yes. A List of Bills and Claims are on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES On a motion by Roth, seconded by Williams, the Closed Session Meeting Minutes of February 9, 2012, Closed Session Meeting Minutes of February 23, 2012 and Combined Work Session and Public Meeting Minutes of February 23, 2012 were approved. Roll call vote: Alderisio, abstained on February 9th and yes to remaining; DiGiulio, absent; Jandris, absent; Larson, yes; Roth, yes; Williams, yes; Spiech, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES Roth attended the Memorial Day Parade.

Alderisio attended the Memorial Day Parade.

Williams attended the Memorial Day Parade.

Williams said this Saturday at Ramapo College is Les Paul’s 100th Birthday Celebration. Tickets are $25.00.

Spiech attended the Memorial Day Parade.

Spiech attended the DARE Graduation. He said a presentation was made to Mr. Secor.

Spiech attended the 9/11 Ceremony. 6 Township of Mahwah Combined Work Session and Public Meeting Minutes of June 7, 2012

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR None.

ORDINANCE – PUBLIC HEARING The title of an Ordinance was read as follows: AUTHORIZING THE ACQUISITION BY A GIFT OF PROPERTY KNOWN AS BLOCK 40, LOTS 106, 107 AND 108 IN THE TOWNSHIP OF MAHWAH.

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

The Business Administrator read into the record the letter which Mr. Anzelmo gave him in the Public Portion from Mark Ruffolo. The letter pertained to Ordinance #1711.

Mr. John Anzelmo of 27 Hillside Avenue in Suffern said he is here representing his deceased parents as that is who the property originated from. He said he has done work on the property and oversaw it. He feels something should be done regarding representation in his behalf which he is working on. He added it was his understanding that he would share in the value of the property.

Spiech questioned Mr. Anzelmo as to whether he has the title to the property. Mr. Anzelmo answered technically no but he regularly handled problems on the property and dealt with the tenants, etc. He said he expected the property would have been his in the future.

Mr. George Webster of Nilsen Avenue said his wife owned the property and at no time did Mr. John Anzelmo own the property. He added as a result of the passing of his wife, the property is now owned by he and his daughter. And they wish to donate the property to the Township if the Township wishes to accept it.

The Township Attorney’s Associate explained to Mr. Anzelmo that the Council will take into consideration what he said but if any action has not be filed there is nothing to prevent the Council from making a decision.

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

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

RESOLUTION – ORDINANCE NO. 1711

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

Roll call vote: Alderisio, yes; DiGiulio, yes; Jandris, absent; Larson, yes; Roth, yes; Williams, yes; Spiech, yes.

PUBLIC PORTION On a motion by Roth, seconded by DiGiulio, the meeting was opened to the public at 10:26PM. All in favor. Motion carried.

CONSENT AGENDA Resolutions #173-12, #175-12 through #182-12 were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #174-12 was removed from the Agenda.

OLD BUSINESS Spiech asked the status of the sale of the property on Mahwah Road. The Business Administrator said he spoke to the Administrative Officer and it will be on the July or August Agenda of the Planning Board. Spiech questioned what the end result will be. The Business Administrator answered we are going before the Planning Board to request the property be subdivided. He said the property will most probably be advertised in September. Spiech questioned if this was counted in the 2012 Budget. The Business Administrator answered no.

NEW BUSINESS Spiech said Jandris asked him to bring up that recently he was at Continental Solders Field and 2 horses were running at high rates of speed by the berm near Route 202. He asked what can be done about this. The Business Administrator said horses are prohibited from being in Municipal Parks. He said he shall check into this further.

Spiech said the High School Graduation is June 21, 2012. He questioned if any Councilmembers have a problem attending the meeting and should we change the date or time. Alderisio said he will not be at the meeting. Council concurred the date and time shall remain as is.

DiGiulio questioned in the past years the Council was invited to the DARE Ceremony and this year an invitation was not received. The Business Administrator shall contact the Police Chief.

CLOSED SESSION On a motion by Roth, seconded by Alderisio, Council went into closed session for the purposes of discussing: 1. Tax Appeal; Mall and Starview Gardens; 250-260 Franklin Turnpike; Block 92, Lots 12 and 24 2. Potential Litigation All in favor. Motion carried. 8 Township of Mahwah Combined Work Session and Public Meeting Minutes of June 7, 2012

On a motion by Roth, seconded by Williams, Council returned to open session. All in favor. Motion carried.

RESOLUTION See Resolution #181-12 attached to and made part of these Meeting Minutes.

On a motion by Roth, seconded by DiGiulio, the meeting was adjourned at 10:39PM. All in favor. Motion carried.

Respectfully submitted,

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