Township of Mahwah s22
TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, JUNE 27, 2013
The meeting was called to order at 8:00PM by Council President Williams who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on November 26, 2012 and The Ridgewood News on November 30, 2012 stating this meeting would be held in the Council Chambers of the Richard J. Martel Municipal Center, 475 Corporate Drive, Mahwah, New Jersey on Thursday, June 27, 2013 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 have been 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 are serving in the military both in the United States and abroad.
Present: Councilmembers DiGiulio (8:25PM), Larson, Roth, Sbarra, Spiech, Williams.
Absent: Councilmember Jandris
Also present were Mayor William C. Laforet, Business Administrator Brian Campion, Township Engineer’s Associate Mike Kelly, Township Attorney Andrew Fede, and Deputy Municipal Clerk Jan Fox.
PUBLIC PORTION
On a motion by Spiech, seconded by Larson, the meeting was opened to the public at 8:03PM. All in favor. Motion carried.
On a motion by Roth, seconded by Sbarra, the meeting was closed to the public at 8:04PM. 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.
ENGINEERING (Boswell-McClave)
1a. Written Status Report – June 13
MA-59: Route 17/287 Overpass – The Township Engineer’s Associate said he called the NJDOT, today, trying to find out what the status is and get an update.
MA-1318: West Airmount Road Drainage Improvements – The Township Engineer’s Associate stated construction is to start on July 8th and be completed by September 30th.
Combined Work Session and Public Meeting Minutes
June 27, 2013
MA-1322: Safe Routes to Schools Program – The Township Engineer’s Associate stated they submitted a Grant Application on December 30, 2011 for the installation of solar powered school zone signs on Ridge Road and Fardale Avenue. He stated they were informed they did not receive the Grant. The Township Engineer’s Associate said he submitted a Discretionary Aid Application to NJDOT on June 4, 2013.
MA1333: Macarthur Boulevard Bridge Deck Replacement – The Township Engineer’s Associate said they started staging the project and there are no major issues. There will be a pedestrian walkway.
MA1371:- 2013 Road, Curb and Sidewalk Program - The Township Engineer’s Associate feels the best way to handle this work is to do the work at night. This has been done in the past, he stated, and has worked well. He said they will be receiving bids on July 17th and want to include Bellgrove Drive but sufficient funds are not available.
Williams said he cannot understand why there are not sufficient funds to include Bellgrove Drive. The Business Administrator stated that the Bond Ordinance prepared this year only covered the full cost of Macarthur Boulevard. He stated that the estimate for Bellgrove Drive is $220,000.
Roth asked how much is in contingency. The Township Engineer’s Associate stated 10% or 15% which would allow them to only do a portion.
MA887- Island Road and East/West Ramapo Avenue Intersection Project - Spiech asked if we have a tighter timetable. The Township Engineer’s Associate said this project will probably be pushed back. He said he could recommend starting this in the summer of 2014 and will follow up on this.
Sbarra said he has received questions from residents in reference to the Bridge having two lanes open, and have asked if the walkway was closed for pedestrians and are signs posted. The Township Engineer’s Associate said he will find out and if not, will add signs.
Williams expressed disappointment in not taking care of Bellgrove Drive roads.
1b. Seminary Drive/Campgaw Road Intersection; Renewed Discussion
The Township Engineer’s Associate explained the sight distance is limited and vegetation needs to be removed to increase driver visibility in this area. He said there needs to be the installation of pedestrian crosswalks, stripping and additional signage and advisory speed limit on Seminary Drive. He said the County will install the signage with a cost to the Township of $8,500. The Township will do the crosswalks and stripping. The Business Administrator stated the funding would come from the Capital Budget.
The Township Engineer’s Associate stated that they are having Rutgers proceed with the Road Safety Audit. Also, he stated, the property owners in Rio Vista will have to cut down the vegetation in their area.
Combined Work Session and Public Meeting Minutes
June 27, 2013
Spiech mentioned that the basic problem is the speed limit on the road, and it is one of the most dangerous roads in the Township.
Roth mentioned there were site problems all over the Township.
Larson asked if the County would put down rumble strips.
Sbarra said the main cause is the speed around the curve and asked if the trees should be done first. The Township Engineer’s Associate stated there is not just a tree issue in this area. Sbarra feels it would be hard for drivers to see stripping on the road and it could be throwing money away if stripping no help.
Mayor Laforet said this area is a safety issue for any motorist who is unfamiliar with the road.
The Township Engineer’s Associate said he will ask the County to reduce the speed limit.
Sbarra said it cannot hurt to reduce the speed limit.
Spiech suggested putting up a big sign, “dangerous” due to the six accidents so far this year.
Larson asked if the Department of Public Works could do the stripping. The Business Administrator said they only do paint for a single line which will not last but they can do that.
Sbarra suggested having the paint put down. The Township Engineer’s Associate agreed and said they can do that.
On a motion by Sbarra, seconded by Roth, to have the Township Engineers , speak to the County about putting up cautionary signs, about reducing speed limit, and try to work with Rio Vista to cut down vegetation and have this work done before more money is invested. Roll call vote: DiGiulio, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.
Sbarra amended his original motion, seconded by Larson, to ask the DPW to do a white stripping in the area that will alert drivers and pedestrians that something is going on.
Roll call vote: DiGiulio, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.
The Business Administrator said he will ask the Township Engineer to prepare a design.
2a. Purchase of Affordable Housing Units; Policy Discussion
The Township Attorney said we will talk about specific properties he recommends discussing this in Closed Session. He explained discussions have been ongoing about the 25 years of the affordable housing expiring. He said there are two
Combined Work Session and Public Meeting Minutes
June 27, 2013
Choices: 1) acquire one or more units by purchase at the restricted price and resell to
qualified buyers and putting on a 30 year restriction. 2) Not exercise this option and allow the owner to sell the unit with a splitting of 95/5 profit and the money has to be put back into the Affordable Housing Trust Fund. He said two owners are interested in selling and the Council can decide if they want to acquire the property and then sell it.
The Township Attorney feels there should be a decision made about each unit coming up for sale and decide to buy or have it go for sale. He feels this has to be done on a unit by unit basis and asked if the Council feels there should be an overall Ordinance.
Sbarra said he has concerns about the options. He said, if there is an Ordinance passed the Township can buy the unit at an affordable price but will there be enough money in the Trust Fund if we continue to purchase units. Sbarra said he needs clarity if a unit is sold at market rate and no longer an affordable housing unit, would that increase the Township’s requirement of a new affordable unit.
The Business Administrator said the units were established 25 years ago in Round I and would be different in Round 3 which we are in now. He said we have credits toward what our Round 3 will be. If a new unit is purchased, he said, and create a new unit this will satisfy a future obligation.
Sbarra asked are Round 3 obligations higher.
Roth said it depends on what the Round 3 obligation is.
The Township Attorney recommended doing a blanket ordinance for Affordable Housing purchases and a resolution done as units become available.
Williams stated there is already an Ordinance.
Sbarra suggested there should be someone on a committee who would recommend if a unit should be purchased or not.
On a motion by Spiech, seconded by Roth, Council authorized the Housing Commission to use funds to purchase this first unit at 373 Cottonwood Way and have the Township Attorney draft a resolution. Roll call vote: DiGiulio, yes; Larson, yes; Jandris, absent; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.
2b. Unfit Structure Resolution
The Township Attorney stated the property is in disrepair and vacant. He said the residents in the area have passed around a petition. He further stated that in a situation like this, five signatures are needed, and then a resolution can be done and an Ordinance can be adopted. He said he will prepare an Ordinance.
The Township Attorney said the property owner will receive a notice to clean up the house and the property making it safe.
Combined Work Session and Public Meeting Minutes
June 27, 2013
The Business Administrator said there is a two step process. One would be to address a foreclosure abandonment structure and a resolution prepared that good cause exists for the adoption of an ordinance.
Resolution shall be voted on in the Public Meeting.
3a. Certificate of Determination and Award #2013-1 (For Information Only)
The Business Administrator mentioned that the Township has sold notes for sewer debt of $3,150,000.
3b. Pay to Play Compliance; W.E. Timmerman
The Business Administrator said the Shared Services County Elgin Sweeper needs to be repaired. W.E. Timmerman is the only authorized Elgin Sweeper distributor.
Resolution shall be voted on in the Public Session.
3c. Phase 5 Sewer Assessment; Request for Adjustment
The Business Administrator said the property owners have stated that a proposed subdivision of their two lots is not in compliance with the Township’s Zoning Ordinance. He stated that the property owners are requesting the assessment be adjusted on their two lots making one lot so there will be only one sewer.
Williams stated if the assessment is treated as one size lot we would have to know what the assessment is.
On a motion by DiGiulio, seconded by Spiech, to approve a resolution for the next Council Meeting for a total assessment of $8,600 for the two lots and in the future if something changes they will have to pay. Roll call vote: DiGiulio, yes; Jandris, absent; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes. The Township Attorney said he will prepare a resolution for the next Council Meeting.
3d. Surplus Policy Review
The Business Administrator explained passing He said the Chief Financial Officer has to come to the next Council Meeting to answer questions that are being asked.
3e. Accounting Manual; Discussion
Spiech mentioned the form was changed to a minimum of two quotes instead of 3.
3f. 2013 Police Department Budget; Discussion
The Business Administrator stated the Council directed Administration to contact the Police Chief on how he will handle the Overtime and manage the Patrol Salary. He said the Chief responded in a letter that the Council has.
Roth said he does not feel that the Chief’s response is what they asked for as they asked to see a plan on May 31, 2013.
Combined Work Session and Public Meeting Minutes
June 27, 2013
Williams agreed with Roth and said he was confused as we asked for a Cost Analysis.
Roth had concerns if we would have to transfer money.
Williams asked if anyone needed more information.
Sbarra said they agreed as a group to look at the Budget this quarter and bring in the department. He said he feels the Chief’s memo says nothing. He stated that we should look at the area which is affecting the overtime.
DiGiulio said the response from the Chief is very upsetting and insinuates that the Council does not like to DARE Program or the Police Department. She said the Council is not picking on the Police Department and if the Chief is understaffed he should meet with the Council to resolve the problem. DiGiulio stated that she will read all of the Chief’s letters in public.
Spiech said the overtime was cut in the Chief’s budget.
Williams stated that the Council had agreed they would bring department heads before the Council in July.
Larson asked if the Budget called for two replacement officers that are retiring. The Business Administrator answered that they started with 51 officers and fully funded the Budget for 51. The two officers leaving, he stated will be replaced but the new hire will be at a lower rate of pay.