TOWNSHIP OF MAHWAH

COMBINED WORK SESSION AND PUBLIC MEETING MINUTES

THURSDAY, MARCH 4, 2010

The meeting was called to order at 8:00PM by Council President DaPuzzo who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 15, 2009 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, March 4, 2010 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.

Salute to the Flag.

Present: Councilmembers Alderisio, DaPuzzo, DiGiulio, Larson at 8:35PM, Roth and Williams.

Absent: Councilmember Kidd

Also present were Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerard Spiesbach and Municipal Clerk Kathrine G. Coletta.

PUBLIC PORTION

On a motion by Roth, seconded by Williams, the meeting was closed to the public at 8:03PM. All in favor. Motion carried.

Mr. Tim Fowler of 9 Hillside Avenue said he had numerous questions for the Council. He asked if there is a Budget, Finance and Taxation Department. He then asked what proactive steps the Mayor and Council are taking to contain existing and future costs. He asked if there was a freeze on the existing budget and who is looking into some of the Executive Orders being issued by the Governor. Further, he asked if we are preparing any type of briefs on challenges on these Executive Orders. He is not in favor of this at a time when budgets are at the unsustainable level and being strained why are we entertaining Sustainable New Jersey.

Mr. Fowler then read a letter he wrote to the editor of the Suburban News. He said Sustainable New Jersey is a mistake. Some of this organization’s goals are to “fight man made global warming, promote smart land use, equity, and living economies.” In his opinion this type of language is a code for more taxes, higher taxes and unfunded mandates. He stated global warming is a farce. The “green movement” looks like a criminal enterprise bilking taxpayers while financially benefiting those making the claims of man-made global warming. We are all part of the economy and it should be our choices determining building a Sustainable Community and not someone in Trenton.

DaPuzzo said the Township Council has worked for decades in controlling our costs and we have far superior services to most Townships with a very good tax rate. DaPuzzo stated the Council controls the Budget and are the Budget and Finance Committee. He explained the procedure to Mr. Fowler, that the Mayor generates a budget with Administration along with all the department heads. We normally receive the budget on January 15th and it is gone through item by item and department by department, generally a six week process. If there is a problem with a department the department head can comes in and the problem is discussed.

On a motion by Roth, seconded by Alderisio, the meeting was closed to the public at 8:16PM. All in favor. Motion carried.

Alderisio pointed out the Township Council does not have any control over the Executive Orders issued by the Governor.

The Business Administrator said Administration is involved in reviewing all the Executive Orders coming from the Governor. Some involve recommendations regarding control of contracts with employees. State wide the Legislature is trying to impose a few items that our Township has already implemented. The Business Administrator reiterated what DaPuzzo said and stated we are one month late as the Governor has postponed his Budget for a month. The Budget should be available on or around March 19th and the Council will then hold Public Hearings to review this Budget and answer questions.

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 Engineering)

1a. Schiffler Realty; 6 Leighton Place; Block 173, Lot 137; Request for Release of Performance Guarantee (Dkt. #245A)

The Township Engineer’s Associate said the Applicant is requesting the release of the

$56,520.00 performance guarantee posted. He said the release shall be subject to the

Applicant posting a maintenance guarantee in the amount of $23,550. Resolution shall

be voted on in the Public Meeting.

1b. Written Status Report – March, 2010

MA605 Bus Shelter – Franklin Turnpike and Miller Road Intersection: Sketch has been

submitted to New Jersey Transit. Email has been received that New Jersey Transit is in

the process of reviewing the sketch.

MA1127 Improvements to Veterans’ Park: They met with the Beautification

Committee and reviewed the Conceptual Plan. Plan will be reviewed at the next Council

Meeting with the Council along with the Budget for the project and proposals for their

services.

MA1171 Local Aid Applications for Year 2010: The Township Engineer met with

Administration. It is being recommend that the resurfacing of Miller Road be complete

with the 2010 Road Resurfacing Program. A Temporary Budget shall be discussed at the

next Meeting in an effort to solicit bids sooner. Anticipated bids will be received in the

spring and work will be done in the summer.

The Business Administrator suggested at the next meeting doing a Temporary Capital

Budget which will have one project – the roadway project as well as introduced a Bond

Ordinance.

West Ramapo Avenue: Alderisio asked how far the juristriction extended going west and

east when the state did the overpass for West Ramapo Avenue. He said this area is a

disaster. The Township Engineer’s Representative said they had asked the state to

include this as part of the bridge project and they had said they could not. The DOT said

they couldn’t but they would put it in motion to have it paved as soon as possible.

The Township Engineer’s Representative said he will follow up with the DOT

asking them to pave this area as he feels it is their right-of-way and their responsibility.

Alderisio stated, in addition, the potholes when you get over the bridge look like they are

getting ready to sink in.

UTILITY ENGINEER (Malcolm Pirnie)

2a. Proposal; Consumer Confidence Report

The Township Utility Engineer said the report is a regulatory requirement of the USEPA

and NJDEP. He pointed out the cost is the same as last year. He added his staff has been

instructed to bring the cost in lower than the $8,000. estimate.

2b. Written Progress Report – March, 2010

Nilsen Booster Station: The Township Utility Engineer said they are under the

construction phase. The station is under fabrication and they are extending the time

on the contract completion date on the overall construction to possibly July. He said they

are looking to mobilize in the field somewhere in the May, June timeframe and he will

keep the Council advised.

Ford Well Field Improvements: The Township Utility Engineer said he anticipates

getting the approved modified permits for the freshwater wetlands and flood hazard area

fairly soon.

Roth asked if the four weeks lost on the Nilsen Booster Station were front end four

weeks The Township Utility Engineer said they went back and forth several times and

actually added three weeks on their side. They wanted to be on the same page as the

contractor before it went into fabrication. Also, he said when they anticipated the

schedule in the bid process a number of contractors indicated that the fabrication for the

station was approximately sixteen weeks. When the contract was awarded this number

got increased by four weeks. Roth had concerns about the construction on the back end

and wondered if this would necessitate additional time on inspections. The

Township Utility Engineer stated they are delays so it would not.

Water Testing of Ramapo River: DaPuzzo asked if we have any information available.

The Township Utility Engineer shall check with his staff and advise.

ADMINISTRATION

3a. Auction of Excess Property

The Business administrator explained this is the way the Township will be auctioning off unneeded property in the future. GovDeals has been certified by the State of New Jersey. He said the web site is similar to an eBay run by the government.

Resolutions to execute Agreement and to auction off property shall be vote don in the Public Meeting.

3b. Resolution to Cancel Tax Assessment; Block 135, Lot 355

Resolution shall be voted on in the Public Meeting.

3c. 2010 Salary Ordinance

Ordinance shall be introduced in the Public Meeting.

3d. NAR Towing; Discussion

Item removed from Agenda.

3e. Emergency Temporary Appropriations

Resolution shall be voted on in the Public Meeting.

3f. Elderly and Persons with Disabilities Capital Assistance Program (Section 5310) Grant Between the Township and NJ Transit

Resolution shall be voted on in the Public Meeting.

TOWNSHIP COUNCIL and MUNICIPAL CLERK

4a. Raffle Application; Childrens Specialized Hospital Fdn. Inc. (On Premise)

Raffle Application was tentatively approved. Final approval shall be voted on in the Public Meeting.

4b. Acknowledgement of Mayoral Appointment to Planning Board

Resolution shall be voted on in the Public Meeting.

PUBLIC MEETING

APPROVAL OF BILLS AND CLAIMS

On a motion by DiGiulio, seconded by Roth, the Bills and Claims, previously signed, totaling $4,865,494.81, were approved. Roll call vote: Alderisio, yes; DiGiulio, yes; Kidd, absent; Larson, yes; Roth, yes; Williams, yes; DaPuzzo, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES

On a motion by Roth, seconded by Williams, the Combined Work Session and Public Meeting Minutes of February 18, 2010 were approved. Roll call vote: Adelrisio, yes; DiGiulio, yes; Kidd, absent; Larson, abstain; Roth, yes; Williams, yes; DaPuzzo, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK

TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES

DiGiuio attended the Beautification Committee Meeting on Monday. The plans for Veterans Park were finalized.

DiGiulio attended the CDBG Grant Meeting. She said the County took statements for the 5 year plan. Funds were distributed to Social Services and various Townships that put in

for grants.

Williams attended the Board of Education Meeting. He said the high school sports teams are doing well. He said Mrs. Curry provided a preliminary report on the Mahwah Schools Foundation Dinner. He said discussed was a brief overview of the impact on the Governor taking the schools surplus.

DaPuzzo attended the Mahwah Schools Foundation dinner.

DaPuzzo said Freeholder Hermansen recommended someone who he deals with at the County about solar panels who come into government buildings and do upgrades to the facilities at no cost. DaPuzzo said he has a meeting at 9:30 meeting with the gentleman on Monday if anyone would like to attend. Alderisio said the library has asked him to attend the meeting.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR

The Business Administrator advised the revised budget dates are that the Mayor can deliver his Budget on or before March 19, 2010. The date for the Council to introduce the Budget is March 31, 2010 and the adoption date is around April 20th. The Mayor has completed a draft of the Budget that meets both the 3 ½% spending cap and the 4 ½% tax levy cap. They have reduced the workforce by nutrition. They are waiting on the delivery of the Governor’s Budget to the Legislature to see what the state aid is to the Municipalities. He explained our total state aid cut in the past (3 or w) years ???? is $325,000. The Business Administrator said the Mayor and himself have been looking

at some alternate scenarios if state aid is significantly cut. He said it is hard to speculate what to do on cuts.

The Business Administrator said we did have a very difficult snow event and he feels all of our services did a great job and all worked together around the clock. Everything was very coordinated. He said the OEM is going to do their own critique in a couple of weeks. We are very tight on our Budget.

DaPuzzo commented how well everything was so coordinated also.

DiGiulio questioned what warming centers were. The Business Administrator said most people did not want to go

PUBLIC PORTION

On a motion by Roth, seconded by Alderisio, the meeting was opened to the public at 8:56PM. All in favor. Motion carried.

Mr. John Spiech of 78 Island Road suggested in the future, the Reverse 911 System Message be broadcasted earlier. He said he received the telephone message on Friday morning. He said it would have been better to have the message send early on Thursday afternoon when the roads were bad.

On a motion by Larson, seconded by Roth, the meeting was closed to the public at 8:58PM. All in favor. Motion carried.

ORDINANCE – INTRODUCTION

The title of an Ordinance was read as follows:

2010 SALARY ORDINANCE

RESOLUTION – ORDINANCE NO. 1664

Introduced by Larson, Seconded by Roth.

RESOLVED that the Ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said Ordinance be considered for final passage at a

meeting to be held on March 18, 2010 at the Municipal Offices, 475 Corporate Drive,

Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the Municipal Clerk shall publish said ordinance with

notice of introduction, passage and time and place where said ordinance will be

considered for final passage.

Roll call vote: Alderisio, yes; DiGiulio, yes; Kidd, absent; Larson, yes; Roth, yes;

Williams, yes; DaPuzzo, abstain.

ORDINANCES – PUBLIC HEARINGS

The title of an Ordinance was read as follows:

AN ORDINANCE AMENDING CHAPTER X TITLED “BUILDING AND

HOUSING” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP

OF MAHWAH TO AMEND THE SCHEDULE OF FEES CHARGED.

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

in favor. Motion carried.

On a motion by Roth, seconded by Williams, the meeting was closed to the public. All in

favor. Motion carried.

On a motion by Roth, seconded by Alderisio, the following resolution was passed and