TOWNSHIP OF MAHWAH

COMBINED WORK SESSION AND PUBLIC MEETING MINUTES

THURSDAY, NOVEMBER 13, 2014

The meeting was called to order at 8:00PM 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 Record on November 15, 2013 stating this meeting would be held in the Council Chambers of the Mahwah Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, November 13, 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 have served and those who are serving in the Armed Forces so that we can enjoy freedom and have meetings such as these.

Present: Councilmembers DiGiulio, Hermansen, Jandris, Larson, Roth, Sbarra, Williams.

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

PRESENTATIONS

1. Beautification Committee Recognition Awards

Mrs. Maria LaSalvia, Mrs. Annette Freund and Mrs. Susan Stadler presented Beautification Committee Awards to the Mahwah Business Park and the Gateway Center for revitalizing and restoring the character of the Township of Mahwah.

2. The Land Conservancy – Land Acquisitions

a. Block 1, Lot 61; Camp Yaw Paw

b. Block 12, Lots 9, 19 and 25; Gieger and Split Rock Roads

Mr. David Epstein of the Land Conservatory was present. Mr. Epstein explained that the Conservatory is looking for support from the Township. They have reached an agreement with the Property Owner on Stag Hill. And are in the process of applying to Bergen County for a Grant for both properties.

Roth asked for assurance that the Boy Scout property agreement will continue. Mr. Epstein they will not own the land. Camp Yaw Paw still will own the land and they can still continue to lease to the Boy Scouts. Roth asked Mr. Epstein if he would send a letter supporting their arrangements with the Boy Scouts.

On a motion by Hermansen, seconded by Larson, the meeting was opened to the public at 8:14PM. All in favor. Motion carried.

Mr. Karl McQuicken of 56 Deerhaven Road asked when the acquisition will take place. Mr. Epstein answered within 8 months of the funds being received from the County.

Mrs. Audrey Artusio of Miller Road asked if Pilgrim Pipeline is going through either of the properties. Mr. Epstein said it will be going through both. Mr. Epstein said they would not support the pipeline coming through and would not give anyone permission to do anything on this property besides recreation.

On a motion by Larson, seconded by Sbarra, the meeting was closed to the public at 8:18PM. All in favor. Motion carried.

3b. Proposed Resolution; Pilgrim Pipeline

Roth said there is a Resolution on the Agenda this evening on the Pilgrim Pipeline Resolution voicing the Council’s opposition.

DiGuilio asked for the Resolution to be sent to the Governor and also the League of Municipalities to lobby in support of us as it is a critical issue. Also, she said to distribute our letter to all Municipalities. Roth stated as requested the letters will be sent and he will write a letter to the President of the League.

DiGuilio said she has great concerns if the pipeline is put in it could destroy the Township’s water. DiGuilio asked if the Pilgrim Pipeline is a utility. The Township Attorney said they are not. DiGuilio said they do not have a right to threaten the people that have property that the pipeline would be going through. The Township Attorney said that would be up to a Judge decide. Roth said he asked that question of them and they did not respond.

Larson asked if we should add in the resolution the League of Municipalities. The Township Attorney added the Governor and the League of Municipalities.

Larson said his wife attended a seminar and the speaker raised the issue of the pipelines going through the Townships and that this could have an effect on property sales.

Hermansen said we should send this letter to all districts in the county that this pipeline would effect.

RESOLUTION

#315-14 Pilgrim Pipeline Resolution

Resolution #315-14 is attached to and made part of these Meeting Minutes.

PUBLIC PORTION

On a motion by Larson, seconded by Hermansen, the meeting was opened to the public at 8:36PM. All in favor. Motion carried.

Mrs. Ipert of the Township suggested that someone on the Council be designated as the person residents can go to when they get a letter from the Pipeline and have questions. She feels we should get together on this as a town.

Mrs. Ann Powley of 86 West Crescent Avenue thanked the Council for passing the Resolution on Pilgrim Pipeline. She said that is not the end but the beginning. She asked what the residents can do.

Mr. Jeff Moore of 149 Deerhaven Road asked for Resolution #315-14 to be read out loud so the residents know what was being voted on. Roth read the Resolution.

A Resident of North Railroad Avenue said that her street cannot handle the additional 100 plus cars that would come from the building that would be built on North Rialroad Avenue.

Roth said the Council has not acted on this as there is no plan or proposal before the Council to act on this. The DPW property has been looked at for some time and the facility is not in great shape. He said one idea that came up is there are certain things that can be done to rehabilitate the property. He said the state does require certain steps and one is the Planning Board who has 45 days to respond to the Township Council. After that, he said a plan could be put together to move the DPW.

Hermansen said this was discussed at a Beautification Committee and a Councilmember and the Mayor was at this meeting. Hermansen said since this subject was in our Closed Session Meeting, at our Council Meeting, what was discussed at the Beautification Committee and that should be discussed for the public to hear.

Mayor Laforet said he does attend most Beautification Meetings and while they were at this meeting, along with normal discussions, it came up that there was a conversation to improve the property in front of Winters Pond. He said he had concerns making plans could mean moving the caboose across the street. The Mayor said the Recycling Center is dangerous and the relocation of the DPW is something that the Township is planning for and possibly a redevelopment of this area. The Mayor said nothing was discussed that should not have been.

Hermansen asked if a price was discussed for a sale of the property. Mayor Laforet answered no and his e-mail describes everything.

Larson said there should be an obligation of confidentiality discussed in Closed Session.

Roth said there is and he said there was a discussion with the Township Attorney and he had requested specifically with the Council to respect the notion of Closed Session so nothing gets distorted.

Mayor Laforet said this was discussed when the resolution was adopted to send to the Planning Board.

Mrs. Evelyn Stockblower of Thunderhead Place asked what is in the Master Plan in regards to the DPW site and if the community has any ideas they would like to express about the development of this property, how can they share it with the Council.

Roth said in the Master Plan the DPW site is considered a residential zone. The Township Attorney said the matter has been referred to the Planning Board for a determination as they will hold hearings on it. This will be done publically so the residents will have a chance to express their opinions.

Mrs. Tanja Isreal of 67 Deerhaven Road said she is happy they could bring up their concerns and were listened to. She said she has 130 signatures on a petition which she will keep. She added if the pipeline goes through the whole Township can fight this.

Mrs. Jen Kozdra of 108 North Railroad Avenue said she is the person who put the information about the housing on the DPW site on social media. She said she feels her whole family will be attacked and only looking out for the welfare of the Township. The heart of the Township is the caboose. Roth said she has every right to react to her concerns and views and thanked her for doing that.

Mrs. Susan Chin of Mabie Court asked for the contact information of the officials to contact on the Pilgrim Pipeline. Roth said he thinks it is on the Township website.

Mr. Karl McQuicken of 56 Deerhaven Road mentioned he needed clarification on the Boy Scout Property. The Business Administrator clarified that the Land Conservatory is a nonprofit group. They have some of their own funding and they are getting grants from the State and County. Part of the funding to acquire the property is a grant from the Bergen County Trust for Open Space, which they have made application. One of the requisites of the application is that a presentation be made to the local community so the local community can make its opinion known about the application which is the purpose of what is happening tonight. Mr. McQuicken said his concern is that the property goes into the wrong hands and the pipeline will be going through the property and then it will be too late.

Mrs. Shirley Sochulak of Second Street said her sister lives along the Ramapo River. And the property has always been a flood area. She questioned how the flooding problem is going to be handled when the Ramapo River rises near North Railroad Avenue. The Business Administrator said if anything is built it would have to be built outside of the flood plain and outside of the flood elevations.

Mrs. Peggy Bost of Deerhaven Road thanked the Council for passing the Resolution on the Pilgrim Pipeline. She said many residents in the Deerhaven community have anxiety on what is going to happen on Bear Swamp Road.

On a motion by Hermansen, seconded Sbarra, the meeting was closed to the public at 8:17PM. All in favor. Motion carried.

WORK SESSION

SUBMISSION OF BILLS AND CLAIMS

Roth reminded Councilmembers that the Bills and Claims Listing was placed in their Dropbox. And any Councilmember with questions on the Bills and Claims is asked to speak with Administration prior to the Public Meeting.

ENGINEERING (Boswell-McClave)

1a. Bergen County United Way/Madeline Housing Partners LLC; 92 Ramapo Valley Road; Block 40, Lots 106, 107 and 108; Authorization to Execute Developer’s Agreement (Docket #553-PF)

Resolution shall be placed on the Public Meeting for the Mayor and Municipal Clerk to execute

the Developer’s Agreement between the Township and Bergen County United Way/Madeline

Housing Partners LLC at 92 Ramapo Valley Road in Block 40, Lots 106, 107 and 108.

1b. Written Status Report – November 2014

MA-1332A Safe Routes to Schools Program: The Township Engineer’s Representative said

the NJDOT, Police Department and Schools have a copy of the plans. Comments are expected

shortly. Bids will be received in December. Award of Bid expected to be made in December.

MA-1373 Ramapo and Mahwah Rivers Stream Cleaning and Flood Control: Tentative Meeting

scheduled for December 3rd with the Bergen County Flood Coordinator, Township OEM

Director and Bergen County Mosquito Commission.

MA-1448 2014 Road, Curb and Sidewalk Program: expect work to be completed within one

week.

MA-1373 Ramapo and Mahwah Rivers Stream Cleaning and Flood Control: Roth asked that

progress be made on this item as it has been on the Status Report for a few meetings.

Sbarra thanked the Township Engineer’s Representative for the work he did in getting the

information on the Pilgrim Pipeline for the Council. The Township Engineer’s Representative

said at this point no formal permits have been filed by the Pilgrim Pipeline.

ADMINISTRATION

2a. CDBG Grant Endorsement; Pascack Valley Meals on Wheels – Funding Year 2015

Resolution, endorsing the Pascack Valley Meals on Wheels Program for a Community Development Grant in the amount of $12,000 for the Ramsey/Mahwah Region for the 2015 Year, shall be voted on in the Public Meeting.

2b. Establishment of Petty Cash Fund; Department of Inspections

This item is to establish a Change Fund in the amount of $150.00 in the Department of

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

2c. Authorization to Reject Bid #MTB-14-25: Heavy Duty Truck for Use by Department of Public Works

Resolution, rejecting the one Bid received from Deluxe International Trucks Inc. in Hackensack,

NJ for $165,900. and authorizing rebidding shall be voted on in the Public Meeting. Bid is

being rejected as it substantially exceeds the contracting unit’s appropriation for the goods.

2d. Professional Services Agreement; Valley Physicians Services; Employees Annual Mammograms

Resolution shall be voted on in the Public Meeting.

2e. Pay to Pay Compliance; McGrath Municipal Equipment

Resolution, recognizing the approval of a Non-Fair and Open Compliance Agreement with

McGrath Municipal Equipment for the purchase of one infrared machine for the DPW, shall be

voted on in the Public Meeting.

2f. Authorization to Execute Shared Services Agreement for Television Inspection Between Township and Northwest Bergen County Utilities Authority

Resolution, authorizing the Mayor and Municipal Clerk to execute the Shared Services Agreement for TV Inspection between the Township and Northwest Bergen Utilities Authority, shall be voted on in the Public Meeting.