TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, FEBRUARY 21, 2008
The meeting was called to order at 8:00PM by Council President DiGiulio who read the
Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The
Record on July 14, 2007 stating this meeting would be held in the Municipal Offices,
475 Corporate Drive, Mahwah, New Jersey on Thursday, February 21, 2008 at 8:00PM.
Notice of this meeting is available in the Municipal Clerk’s Office. 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 at 8:08PM, Business Administrator Brian
Campion, Township Attorney’s Associate Andrew Fede and Municipal Clerk Kathrine
Coletta.
PUBLIC PORTION
On a motion by Roth, seconded by Hermansen, the meeting was opened to the public at 8:05PM. All in favor. Motion carried.
Mr. Michael DeLuca of 11 Parsons Court spoke of two letters which he wrote to the Home and Store News and the Suburban News on the water supply system. He feels the progress made in the Township has been phenomenal.
Mr. Bill Stellenwerf of 59 Winding Trail thanked the Council for their help in solving a drainage issue on his property.
Mr. Dennis O’Keefe of 265 Myrtle Avenue said it was recently brought to his attention that the Mayor appointed Mr. Campion as Business Administrator. Mr. O’Keefe went on further to say that Mr. Campion does not meet the qualifications for the position of Business Administrator. Mr. O’Keefe feels this is a liability to the Township. Mr. O’Keefe said the Township needs to investigate this now.
On a motion by Roth, seconded by Hermansen, 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 confer with Administration prior to the Public Meeting.
ENGINEERING (Boswell-McClave)
1a. Award of Bid #MTB-08-01: Sidewalk and Curb Program MOVED TO UNDER ADMINISTRATION
1b. Verbal Progress Report
None.
TOWNSHIP UTLITY ENGINEER
2a. Verbal Status Report
None.
LEGAL
3a. Permission to AboveNet Communications to Install Telecommunications Facilities Along, Under and Over the Public Right-of-Way
Resolution shall be voted on in the Public Meeting.
3b. Tax Appeal Settlement
Resolutions shall be voted on in the Public Meeting.
3c. Resolution to NJDOT; Home Depot
Alderisio asked if the Township Engineer discussed the declaration lane problem with
The NJDOT. The Township Attorney’s Associate answered yes.
Resolution shall be voted on in the Public Meeting.
ADMINISTRATION
4a. Swim Club Pool Rates; Revision
Hermansen said at the Budget Meeting the Pool Manager discussed instruction but he did not see it listed. The Business Administrator shall check with the Pool Manager.
Resolution shall be voted on in the Public Meeting.
4b. West Bergen Mental Healthcare; Agreement CARRIED TO 3/6/08 MTG.
1. Student Assistance Program
2. Employee Assistance Program
4c. Municipal Endorsement; Bergen County Grant; Center for Food Action
Resolution shall be voted on in the Public Meeting.
4d. Refunding Bond Ordinance; Resolution – Form and Sale of Documents
Alderisio referred to the section in the resolution which states a 3% savings. He asked
what happens if there is not a savings. Mr. Mai answered the bonds do not get sold.
Hermansen questioned Mr. Mai as to whether the Township is still on course at this time.
Mr. Mai answered he spoke to the underwriter and we are still good.
Resolution shall be voted on in the Public Meeting.
4e. 2008 Maintenance Agreement – Permit and Escrow Tracking Package for Construction, Planning and Zoning; Mitchell Humphrey
Resolution shall be voted on in the Public Meeting.
4f. Professional Services Resolution; Louis C. Mai and Associates
Resolution shall be voted on in the Public Meeting.
4g. Police Renovation Project; Change Orders #49 through #52
The Business Administrator requested this item be carried.
4h. Award of Bid #08-01: Sidewalk and Curb Program
Resolution shall be voted on in the Public Meeting.
TOWNSHIP COUNCIL AND MUNICIPAL CLERK
5a. Jr. Firefighter Application; Peter Raia to Fire Company #1
Resolution shall be voted on in the Public Meeting.
5b. Participation; NJ Volunteer Tuition Credit Program
Council concurred the Fire Department Secretary shall be delegated the responsibility to administer the program.
Resolution shall be voted on in the Public Meeting,
PUBLIC MEETING
APPROVAL OF BILLS AND CLAIMS
On a motion by Roth, seconded by Hermansen, the Bills and Claims, previously signed, totaling $526,845.02, were approved. Roll call vote: Aldersio, yes; DaPuzzo, absent; Hermansen, yes Kidd, absent; Larson, yes; Roth, yes; DiGiulio, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.
APPROVAL OF MEETING MINUTES
On a motion by Hermansen, seconded by Alderisio, the Combined Work Session and Public Meeting Minutes of January 24, 2008 and the Budget Work Session Minutes of January 30, 2008 were approved. Roll call vote: Alderisio, yes; DaPuzzo, absent; Hermansen, yes; Kidd, absent; Larson, yes on January 30, 2008 and abstained on January 24, 2008; Roth, yes; DiGiulio, yes.
REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES
Alderisio attended the Library Board and the Housing Commission Meetings.
Hermansen attended the Board of Education Meeting. The Board of Education is working on their Budget.
Kidd returned at 8:53PM.
Kidd read an article in the Suburban News about the Mahwah Police Honor Guard and learned 12 to 15 officers participate and they also attended events abroad. Kidd asked Administration what countries does the Honor Guard appear and who pays for their time and travel costs. Kidd further said at the a Budget Meeting when he questioned the cost of the Honor Guard it was not his intent for the Honor Guard to be disbanded. Kidd asked for from the Administration how many officers are involved and who pays the bills of the Police Honor Guard.
Hermansen said that if the Honor Guard appeared abroad or in another state they were invited and he feels this is a honor that they were asked. He is proud of the Honor Guard.
Alderisio clarified that 12 to 15 officers are part of the Honor Guard. However, no more than 5 attend an event. Alderisio further clarified when the Honor Guard attended the St. Patrick’s Day Parade in the city the organization which invited them paid all of the associated costs.
Kidd feels the Police Honor Guard is not free and he feels he needs to know the costs.
DiGiulio said recently Mr. Tim Jaconia passed away. She offered her sympathy to the family.
REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR
The Mayor said in the March Issue of the New Jersey Monthly Magazine there is an article which looked at 566 communities in New Jersey and ranked they into 8 categories (taxes, open space, etc.). Listed in the article were the top 100 towns. Mahwah was listed 9 and number 1 in Bergen County.
PUBLIC PORTION
On a motion by Roth, seconded by Hermansen, the meeting was opened to the public. All in favor. Motion carried.
Being no comments were made from the public, on a motion by Roth, seconded by Hermansen, the meeting was closed to the public. All in favor. Motion carried.
RESOLUTION
Resolution #046-08: Refunding Bond Ordinance; Resolution – Form and Sale of Documents is attached to and made part of these meeting minutes.
ORDINANCES – PUBLIC HEARINGS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 24-6.7 ENTITLED “SERVICE
STATIONS TO PROVIDE GAS STATIONS OR REPAIR SHOPS TO BE
LOCATED WITHIN 500 FEET OF CERTAIN FACILITIES”.
On a motion by Hermansen, seconded by Roth, the meeting was opened to the public.
All in favor. Motion carried.
Mr. Scott Carlson, attorney for Pilot, feels there was a rush in judgment at the Planning
Board when the Ordinance was reviewed. Mr. Carlson spoke about proximity
Ordinances. He said he feels this is antiquated planning and referred to the Exxon vs.
Livingston case that was heard over twenty years ago in the Appellate Division. The case
concerned a proximity Ordinance and the Ordinance was declared invalid.
Mr. Carlson questioned the notice to the property owners as he feels the Ordinance is a
use classification. He stated the effected property owners should have been noticed. Mr.
Carlson suggested the Council look at the number on nonconformities the Ordinance
would create. The Township Attorney’s Associate said he disagrees with Mr. Carlson
and that adequate notice was given.
Hermansen asked Mr. Carlson if he has looked at Ordinances in other towns. Mr.
Carlson answered he does not feel this is relevant to the inquiry. He further stated the
information should be part of the Master Plan and in essence is putting the cart before the
horse.
Mr. Dan McSweeney, Planner for Pilot, spoke of his letter dated February 21, 2008 in
which he reviewed Ordinance No. 1606 which would amended the current Zoning
Ordinance of the Township.
Mr. Carslon said it is his position that this Ordinance is a change in classification.
Mr. Ira Wiener of Beattie Padavano spoke about the language portion of the Ordinance.
His position is that Council has the right to correct or clarify the Ordinance.
Mr. Wiener commented on prior counsel’s comments on the Exxon case saying he feels it
does not have anything to do with this case.
Mr. Wiener agreed with the Township Attorney’s Associate on the notice.
Mr. Wiener referred to the Route 17 Corridor Study which stated there were too many
service stations on Route 17 and that other kinds of uses were recommended for Route
17.
Mr. Wiener said that in regards to Hermansen’s comments other towns have this same
type of Ordinance. He referred to Allendale who has a 1500 foot regulation. He further
stated that 500 and 1500 feet throughout Bergen County is not uncommon.
Mr. Wiener referred to suggestions he made to the Ordinance via letter.
Mr. Peter DeRam, Planner, said what is before the Council tonight is a proximity
Ordinance. He further said Ordinance #1606 is clarifying the Ordinance. He also said
other Townships in Bergen County are doing the same Proximity Ordinance which are up
to 1500 feet. Mr. DeRam feels Ordinance #1606 should be adopted.
Hermansen questioned the Township Attorney’s Associate on whether or not in his
opinion the suggested changes from Mr. Wiener would make the Ordinance stronger and
or better. And if the changes are made could the Ordinance still be adopted this evening.
The Township Attorney’s Associate said it is his opinion the whereas clauses are not
needed. With the reference to gas stations in Section 1 the Ordinance does say no gas
stations or vehicular repair service shops …. It is possible to make the word “gas” be
“gasoline” without the need to readvertise. The Township Attorney’s Associate said the
term vehicular repair service shop is in the Ordinance #1606 and in the definitions
automobile service station is referred to is taken from the current Ordinance. The
Township Attorney’s Associate said is it his opinion that this change would be a
clarification of the wording and would not require readvertisement.
Hermansen questioned the third comment on the property line which Mr. Wiener made.
The Township Attorney’s Associate said this is a policy decision of the Council. If the
change is made it is his opinion it is a substantive change and would require
readvertisement. The Township Attorney’s Associate further said the Ordinance would
be adopted as is and his office could research this further.
Hermanasen questioned the Township Attorney’s Associate that in other towns
Ordinances they are referring to property line to property line. The Township Attorney’s
Associate said Ordinances can be written up in many different ways.
The Township Attorney’s Associate said he reviewed the cases which both attorneys
referred to. The Township Attorney’s Associate referred to the Harvard case which
supports the distance requirements.
Roth feels that the Council needs to protect the safety and well being of the residents but
also protect the business interest as well.
Roth asked the Township Attorney’s Associate to clarify the difference between property
line and property use. The Township Attorney’s Associate said property line means the
property line is used as a measuring point. The property line is not a line but an amount
of property and that each point of the line measurement would be taken. On the property
use, the Township Attorney’s Associate said one would have to go onto what the use is.
The Township Attorney’s Associate added that in the case of service stations they are one
of the same.
DiGiulio said that although a statement was made that the Township’s Master Plan does
not contain the specific recommendations concerning gas stations or vehicular repair
shops, the Master Plan does contain goals regarding the need to improve traffic, etc. In
addition, the Master Plan is predicated on the Municipal Land Law which says it
encourages municipal action. She further said that by saying a particular item was not
in the Master Plan is true. However, when it was brought to our attention that something
should be done to promote the public safety and welfare of the residents she feels the
Council can take action.
Mr. Carlson said a great deal of thought has been given to the safety. He further said
when the application was at the Planning Board his client was prepared to install state of
the art equipment to prevent a spill into the ground water. Presently, there is no system in
place for the emergency collection should a spill occur. His client also agreed to allow
Title 39 to be enforced on the site. In addition his client was agreeable to complying the
the New Jersey Idling Law to control air pollution coming from the site. At this time,
none of the safety measures are being implemented. He questioned if that is in the best
safety interest for everyone involved.
Mr. Ira Wiener said the Planning Board Application was denied because Pilot cut off the
time so the Planning Board was forced to turn them down. Mr. Wiener also said the
problem is not just the driveway but that the trucks also come over the ramp where the
children walk to school.
Kidd said the Ordinance clearly does not impact just one lot in the Township but many
properties. He questioned where Lincoln Tech School falls within the Ordinance. The
Township Attorney’s Associate said there is already a distance regulation and what the
Ordinance is doing is modifying same. Kidd is concerned about the properties like