TOWNSHIP OF MAHWAH

COMBINED WORK SESSION AND PUBLIC MEETING MINUTES

THURSDAY, JUNE 19, 2014

The Meeting was called to order at 8:00PM by Council President Roth who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on November 14, 2013 and The Ridgewood News on November 15, 2013 stating this meeting would be held in the Council Chambers at the Richard J. Martel Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, June 19, 2014 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 both in the United States and abroad and also for Mr. Patrick Malone who recently passed away.

Present: DiGiulio at 8:40PM, Hermansen, Jandris, Larson, Roth, Sbarra and Williams.

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

PUBLIC PORTION

On a motion by Hermansen, seconded by Larson, the meeting was opened to the public at 8:02PM. All in favor. Motion carried.

Mr. Talat Al-Moustafa of 109 Catherine Avenue complained about being harassed by the Township and the Police Department. He said he has received tickets for his grass being 10 inches long and from the Police Department for blocking his neighbor’s driveway. Roth said by what Mr. Al-Moustafa said he has multiple property maintenance issues and problems with his neighbors. He suggested he retain an attorney. Mayor interjected and said this is a long existing situation between Mr. Al-Moustafa and his neighbor. He assured Mr. Al-Moustafa that he is not being harassed.

Mrs. Jackie Sinclair of 16 Lynn Terrace said last week she heard there was a bear in her neighborhood. She felt those in the neighborhood should have been notified. Mayor said he shall look into what happened.

Mr. Tom Luciero of All Points Towing in Paramus said that on the Agenda there is an extension of the Towing Term. He question what that is. Roth said it is a further extension of the current Towers of up to 60 days.

On a motion by Hermansen, seconded by Larson, the meeting was closed to the public at 8:39PM. All in favor. Motion carried.

WORK SESSION

SUBMISSION OF BILLS AND CLAIMS

Any Councilmember with questions on the Bills and Claims was asked to speak with Administration before the Public Meeting.

ENGINEERING (Boswell-McClave)

1a. Chris H. and Sharon E. Naum Major Subdivision; East Mahwah Road and Shuart Lane; Block 78, Lots 17 and 20; Request for Execution of Developer’s Agreement (Dkt. #392-A)

The Township Engineer’s Associate said this a two lot subdivision on East Mahwah

Road. Resolution shall be voted on in the Public Meeting.

1b. 2014 Road, Curb and Sidewalk Improvement Program; Award of Bid

#MTB-14-12

On June 11, 2014, the Bid Opening was held and five bids were received. The lowest bid in the amount of $1,269,809.02 for the Base Bid with Alternates A, B and C was from D & L Paving Contractors. The bid came in below the estimate.

Williams asked if the savings could be used to pave other roads. The Township Engineer’s Associate said the Project will be monitored closely to see if there is enough extra money to pave additional streets.

Resolution shall be voted on in the Public Meeting.

1c. 2014 Road, Curb and Sidewalk Improvement Program; Authorization of Engineering and Construction Management Services

Resolution shall be voted on in the Public Meeting authorizing Construction Management

and Construction Inspection Services, Task #3, in the amount of $128,400.

1d. 2013 Water Main Improvements; Campgaw Road and East Crescent Avenue; Change Order #3; Additional Work (Bid #MTB-13-18)

This item was removed from the Agenda. It was found that part of the Water Main Improvement Project was no longer needed for the Campgaw Water Tank and the tank will be taken offline. Estimates will be sought for the work.

Mayor thanked the Business Administrator, Township Engineer’s Associate and the DPW Water Superintendent for saving the Township significant money.

1e. ADA Curb Ramp Improvements, County Roads – Island Road, East Ramapo Avenue, West Ramapo Avenue and Ramapo Valley Road

1. Authorization to Enter Into Contract As Part of County-Wide Handicap Ramp Construction Contract

The Township Engineer’s Associate said before the County paves any roads they require that handicapped curb ramps be on all streets to be resurfaced and conform with the Americans with Disabilities Act requirements and guidelines. The cost of the project is $119,000. The Township Engineer’s Associate recommended the Township enter into a Contract with Concrete Construction Inc.. Roads to be paved are Island Road, East Ramapo Avenue, West Ramapo Avenue and Ramapo Valley Road. Resolution shall be voted on in the Public Meeting.

2. Proposal; Engineering - Construction Management Services

The Township Engineer’s Associate said the Proposal is for their services for Construction Management of the ADA Curb Ramp Improvements to County Roads at a cost not to exceed $17,500. Resolution shall be voted on in the Public Meeting.

1f. Transportation Alternatives Program (TAP); Grant Application for Bike Path from Fardale Bike Route to MacArthur Boulevard Bike Route; Discussion

This is a continuation from the discussion from the last meeting. The project would be two miles long. Utilities would need to be relocated as well as rock walls. The Township Engineer’s Associate said the estimate for the project is $700,000 and the Township could get $200,000 in the form of a grant.

Sbarra questioned what constitutes a bike path. The Township Engineer’s Associate said it is an area that is a safe passage for bikes and/or pedestrians.

Sbarra asked if property would be taken from residents. The Township Engineer’s Associate said a Right-of-Way Analysis was not done. He said there are not many residential properties along the area being discussed. He added it is possible there may be some property that will need to be taken.

Hermansen said the money would not be from this year’s Budget and the Grant money would not be received until next year. The Township Engineer’s Associate clarified the grant money will be awarded in early 2015. Hermansen said if we decided to apply for the grant next year we would not get the money until the following year.

Roth said if we do it now we would have be obligated ourselves next year.

Roth said the Resolution is not on the Agenda but someone can move it there.

DiGiulio asked if the County Plans to put a walkway from the old schoolhouse property to Continental Solders Field on that side. The Township Engineer’s Associate said they plan on putting access from Continental Solders Field to the old schoolhouse property and continue to the County Reservation. She asked if they could get grant money. The Township Engineer’s Associate said yes but he does not know if they applied for it.

1g. Verbal Status Report

Train Station: The Township Engineer’s Associate said he contacted New Jersey Transit and met them at the train station. He said they were looking at replacing the roof and saw there was additional work to be done.

FEMA: Mayor said he will send a letter to FEMA expressing our dissatisfaction with the process on the updating of the Maps.

Jandris brought to the attention of the Township Engineer’s Associate that the grass on the exit ramp of West Ramapo Avenue and Route 202 is 2 feet high.

Jandris said there is a saw horse on Youngs Road in the area of Turners Lake Road and it is blocking part of the street causing near accidents. The Township Engineer’s Associate said he will contact the Water Department.

Jandris said he saw on Facebook a sign on a bridge that said if you hit this sign you are too high. He suggested that sign be placed by our bridges. The Township Engineer’s Associate will review same with the County Engineer.

Williams said there has been talk of casinos in southern New York State. He asked if there is any conversation with the NJDOT about how the traffic will be impacted on Route 17 in Mahwah. The Mayor said he was at a Meeting at the Governor’s Office and this was discussed. There is also going to be a third Meeting with the New Jersey, New York and Tappan Zee Bridge DOT’s. It is anticipated the traffic will get worse not better. Letters have been sent to Ms. Hurt at the NJDOT.

LEGAL

2a. In Rem Foreclosures

The Township Attorney said he attended a Meeting with the Business Administrator and Tax Collector where the Tax Sale Certificates purchased by the Township were reviewed. Seven properties would be appropriate to commence foreclosure proceedings. Resolution shall be voted on in the Public Meeting.

ADMINISTRATION

3a. Amendment #2 to Resolution #277-13: Award of Bid #MTB-13-25 Recreation Materials and Supplies

Resolution shall be voted on in the Public Meeting.

3b. Authorization to Award Bid #MTB-14-08: Corrosion Inhibitor Chemical

Resolution, awarding bid to Shannon Chemical Corporation for a one year contract,

shall be voted on in the Public Meeting.

3c. Discussion of Campgaw Water Storage Tank Maintenance Agreement

Item was discussed with Item 1d.

3d. Pay to Play Compliance; Diamondback Air Boats

Resolution, approving Non-Fair and Open Compliance Contract with Diamondback

Airboats for 2014 at a cost not to exceed $18,984.00 for various boat repairs, will be

voted on in the Public Meeting.

TOWNSHIP COUNCIL and MUNICIPAL CLERK

4a. Eagle Scouts

1. Liam T. Wieland

2. Neil B. Patel

Individual Resolutions shall be voted on in the Public Meeting.

4b. Firefighter Applications

1. Colin M. Wagner to Fire Company #4

2. Stacie S. VanHeest to Fire Company #3

Individual Resolutions shall be voted on in the Public Meeting.

4c. Special Events Permit Application; Dead Man’s Curve LLC

Resolution shall be voted on in the Public Meeting.

4d. Liquor License Renewals; 2014/15 Licensing Term

Resolution shall be voted on in the Public Meeting.

4e. Towing; Extension of Term

Resolution, extending the Towing Term for a period of 60 days or until August 30, 2014, shall be voted on in the Public Meeting.

4f. Raffle Applications

1. HSO George Washington School (On Premise, 50/50)

2. HSO George Washington School (On Premise, Tricky Tray)

Raffle Applications were tentatively approved. Final approval shall be voted on in the Public Meeting.

4g. Request for Permission to Hold Tire Sale; STS Tire and Auto

Resolution shall be voted on in the Public Meeting.

PUBLIC MEETING

APPROVAL OF BILLS AND CLAIMS

On a motion by Jandris, seconded by Sbarra, the Bills and Claims, previously signed, totaling $626,230.49 were approved. Roll call vote: DiGiulio, yes; Hermansen, yes; Jandris, yes; Larson, yes; Sbarra, yes, Williams, yes; Roth, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES

On a motion by Williams, seconded by Jandris, the Combined Work Session and Public Meeting Minutes of April 10, 2014, Closed Session Meeting Minutes of March 13, 2014 and the Closed Session Meeting Minutes of April 10, 2014 were approved. Roll call vote: DiGiulio, yes; Hermansen, abstained on April 10, 2014 and yes to March 13, 2014; Jandris, yes; Larson, abstained; Sbarra, abstained on March 13, 2014 and yes to April 10, 2014; Williams, yes; Roth, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK

TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES

DiGiulio attended the DARE Graduation.

Jandris attended the High School Graduation.

Jandris attended Pat Malone’s funeral.

Sbarra attended the High School Graduation.

Sbarra attended the Housing Commission Meeting on June 17th. The Commission is waiting on the 95/5 Ruling. He added there is one piece of property coming to the Council at the next Meeting for purchase.

Sbarra attended the DARE Graduation on June 6th. He congratulated the graduates.

Williams attended the High School Graduation. He commended the Board of education.

Williams said on July 9th is the Senior Picnic.

Hermansen congratulated the graduates from the DARE Graduation, Ramapo Ridge and High School.

Hermansen said starting June 23rd the Library is offering Summer Reading Programs.

Hermansen said he attended Pat Malone’s funeral. He was a pillar in the community. He started Boy Scout Troop 258.

Hermansen questioned the advertisement on the League of Municipalities Web Site for the DPW Director. He said he was called by someone interested in the job that said the Salary Range was $110,000. to $119,000 and we were offering $109,000. He asked why we are advertising outside of the Salary Ordinance. Mayor Laforet said it is a mistake and will be corrected.

Roth attended the Senior Advisory Board Meeting.

Roth attended the funeral for Pat Malone. He said Mr. Malone was a hero to the Township and left an incredible legacy behind.

Roth said on June 14th he attended the Mahwah Museum’s Les Paul Gala. It was a fun evening.

Roth attended the Cable Committee Meeting.

Roth attended the High School Graduation. He congratulated the graduates.

Roth attended the DARE Graduation. He applauded the leadership of the MMA. He referred to the seating arrangements for the Council and that he felt unwelcomed sitting off to the side.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR

Mayor Laforet attended the MMA Graduation. He said the Graduation was particularly emotional.

ORDINANCES – PUBLIC HEARINGS

The title of an Ordinance was read as follows:

AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 24-3.2 ENTITLED “ZONING MAP” OF CHAPTER XXIV OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MAHWAH.

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

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

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

RESOLUTION – ORDINANCE NO. 1749

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: DiGiulio, absent; Hermansen, yes; Jandris, yes; Larson, yes; Sbarra, yes; Williams, yes; Roth, yes.

* * * * *

The title of an Ordinance was read as follows:

AN ORDINANCE AMENDNG AND SUPPLEMENTING CHAPTER X OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MAHWAH TO REGULATE THE REMOVAL AND DISPOSAL OF HARMFUL MATTER AND VEGETATION.