Township of Mahwah s10
TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, AUGUST 22, 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, August 22, 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, Larson, Roth, Sbarra, and Williams.
Absent: Councilmember Jandris
Also present were Mayor William C. Laforet, Business Administrator Brian Campion, Township Attorney Andrew Fede, Township Engineer’s Associate Michael Kelly and Deputy Municipal Clerk Jan Fox
PUBLIC PORTION
On a motion by , seconded by the meeting was opened to the public at 8:03PM. All in favor. Motion carried.
On a motion by Roth, seconded by Spiech, the meeting was closed to the public at 8:11PM. All in favor. Motion carried.
PRESENTATION
Audit 2012:
Auditor Mr. Lou Mai was present.
PUBLIC HEARING
Bergen County Open Space Trust Fund Application; Fardale Municipal Tennis and Basketball Courts Improvements
On a motion by seconded by the meeting was opened to the public at PM. All in favor. Motion carried.
The Business Administrator explained this Application is for the Annual Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust Fund 2013 Funding round which applications are due on August 29, 2013. He said that the Township is looking to make improfements to the Fardale Tennis Courts and Basketball Court
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. Verbal Status Report
MA-1318: West Airmount Road Drainage Improvements: The Township Engineer’s
Associate said they are having a Pre-construction Meeting on June 4, 2013. He said he
expects the Contractor to start shortly thereafter.
MA-1371: 2013 Road, Curb and Sidewalk Program: The Township Engineer’s Associate said they received approval for the design at the last Council Meeting and our proceeding with that design. He said they will submit this to the state within two weeks and hopefully get a Grant. They expect to receive bids, he stated, middle of July award the project the end of July. He said he hopes construction on MacArthur Boulevard can start in August.
MA-1333: MacArthur Boulevard Bridge Deck Replacement: The Township Engineer’s Associate stated there was a Utility Meeting yesterday and said they may start within the next two weeks. The shielding has to be put underneath the bridge before anything starts.
MA-1387-W: 2013 Waterman Improvement Program: The Township Engineer’s Associate said they are currently working on the Watermain Improvement Project on Campgaw Road and East Crescent Road. He said they are still on schedule to bid in the summer with the work proceeding in the fall.
Williams said it would be a shame if construction could not start on MacArthur Boulevard before school starts.
ADMINISTRATION
2a. Periodic Budget Report
The Business Administrator said at the last meeting a Report for Revenue and Expenses
for the Third Quarter was given to Council. In the Work Session Packet for this meeting
was the Report through April 30, 2013.
The Business Administrator said it is Administration’s intent to provide the Report
quarterly. He will be returning in June with the Chief Financial Officer.
Spiech asked for the Report showing the areas of concern. The Business Administrator
said he can highlight the areas of concern as this is the reduced report.
Roth said the Budget total is $35.6M and asked the Business Administrator if he has
concerns that it looks like the actual run rate as of now is $13.8. The Business
Administrator said he does not concerns. Roth said he has concerns about Medical
Insurance. He feels projected out the rest of the year it shows the Township would be
over by 9%. The Business Administrator said they do have additional money carried
over from the prior year.
Roth asked if the Township is going over budget on workman’s compensation. The
Business Administrator said they receive a fixed bill for the year and pay in installments.
Roth had questions about sanitation collections. The Business Administrator answered
the collection contract is fixed for the year and is encumbered numbers and will get the
details on this.
Roth questioned the overtime and said there is an issue. The Business Administrator
said there is an issue with patrol overtime due to sickness. He said something may have
to be done addressing this issue which will be the Police Chief’s job. Roth suggested a
staffing plan be put in place.
Spiech said the Police Department lost three man in sick time in March. The Business
Administrator said there will have to be some plan alternatives.
Williams and Sbarra both said they agreed that there should be a plan from the Police
Chief on control on double time. Sbarra said something should be done sooner than
later.
Mayor Laforet said it is an issue but the medical employees are in doctor’s care.
Williams mentioned tickets are down by a third but in March and April the court
overtime hours in reference to dollar figures are high compared to last year.
DiGiulio asked what happens if the Police Department exceeds there Budget. The
Business Administrator said they never have.
Jandris asked if the officers are on Workers Compensation or is the Township paying.
The Business Administrator said one is on Workers Comp.
Sbarra asked when the Energy Receipt tax come in. The Business Administrator said it
Depends on the adoption of the State Budget.
2b. Chapter 159 Resolutions
1. FY 2013 – NJDOT Road Project; MacArthur Boulevard (Westbound)
2. Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund
3. Association of NJ Environmental Commissions; 2013 Open Space
Stewardship Project
4. Clean Communities Grant
5. Office of the County Prosecutor; Mahwah Municipal Escrow Account -
Police
The above-mentioned Chapter 159 Resolutions shall be voted on in the Public Meeting.
2c. Pay-to-Play Compliance; William Stothoff Company, Inc.; Supplement to
Resolution #315-12
Resolution shall be voted on in the Public Meeting.
2d. Authorization; Co-location Tenants Lease; Monopole
Resolution shall be voted on in the Public Meeting.
2e. Model Highlands Area Exemption Ordinance
The Business Administrator explained the proposed Ordinance would be advantageous to
Property Owners in the Township. He added in both the Preservation Area and the
Planning Area there are exceptions.
The Business Administrator further said Administration is recommending he Ordinance
be adopted to designate a Local Official to approve the 7 Simple Exceptions to avoid
having Property Owners go to the Highlands Council or the NJDEP.
The Business Administrator said he has sent to proposed Ordinance to the Highlands
Council for review. He added the Review Letter shall be forthcoming.
The Business Administrator requested the Ordinance be introduced at the June 13, 2013
Council Meeting.
2f. Amend Professional Services Agreement; Special Counsel - Police Matters
Resolution shall be voted on in the Public meeting.
2g. Request for Municipal Consent for Resolution for Additional Construction Funding; 92 and 98 Ramapo Valley Road; Sandy Relief Funds
The Business Administrator said this is a request for the United Way to go to the state agency to seek funding and allowing them to make an application. The Business Administrator said once the application is approved all the documents will come again before Council for approval.
Resolution shall be voted on in the Public Meeting.
TOWNSHIP COUNCIL and MUNICPAL CLERK
3a. Permission to Erect Signs; Cub Scout Pack #258
Resolution shall be voted on in the Public Meeting.
3b. Highlands Center Designation Letter
The Business Administrator said at the last Council Meeting a discussion was held to contact the Highlands Council to provide funding to study whether or not the Township wants a Town Center. The description of the scope of work is provided.
The Business Administrator explained that in the Work Session Packet is a draft letter to the Highlands Council.
Roth asked for an overview of the centers pros and cons. He clarified he is looking for what the centers are all about.
Mayor Laforet answered the center will provide opportunities within the area for companies to flourish. The Township can use the existing Building Codes in the centers.
Sbarra questioned if the Taxpayers are paying for the Study. The Business Administrator answered no.
3c. Firefighter Application; Firefighter Timothy G. Tedesco to Fire Company #1
Resolution shall be voted on in the Public Meeting.
PUBLIC MEETING
APPROVAL OF BILLS AND CLAIMS
On a motion by Roth, seconded by Sbarra, the Bills and Claims, previously signed, totaling $756,817.03 were approved. Roll call vote: DiGiulio, yes; Jandris, yes; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, 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 Spiech, the Combined Work Session and Public Meeting Minutes of April 18, 2013 were approved. Roll call vote: DiGiulio, yes; Jandris, yes; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.
On a motion by Spiech, seconded by Roth, the Combined Work Session and Public Meeting of May 2, 2013 were approved. Roll call vote: DiGiulio, abstain; Jandris, yes; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.
REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES
DiGiulio thanked the Council for purchasing a plaque at Veterans’ Park.
DiGiulio said the Beautification SubCommittee meeting will be on Monday, June 3, 2013. And the Ordinance SubCommittee will be meeting on Tuesday, June 4, 2013./
DiGiulio said the Beautification SubCommittee has been discussing a Clean Up at Lake Henry in September. She is in the process of seeing if this can be done.
DiGiulio said two Fundraisers will be held to raise funds for Veterans Park - one will be on June 19, 2013 at the Mahwah Bar and Grill and the other will be on July 9, 2013 at the Grille. Both Fundraisers will be from 5PM to 9PM.
DiGiulio attended the Memorial Day Parade. She said the Recreation Committee did a great job.
Jandris said he attended the Memorial Day Parade.
Jandris attended the Planning Board Meeting. On the Agenda was the Crossroads and a . discussion on Ordinance #1684 and how the Application for the Crossroads conforms entirely to the Ordinance with no variances or waivers. He said the Planner discussed at the time of the Application, the Crossroads was not in full support of our Master Plan, and it did not recommend retail at the site. The Planner mentioned that the current revised Master Plan does not recommend retail either.
Roth attended the Superbowl Expo through the Chamber of Commerce.
Roth attended the Heroes Presentation at the Ramapo Ridge Middle School.
Roth attended the Memorial Day Parade.
Sbarra attended the Heroes Award Presentation at the Ramapo Ridge Middle School.
Sbarra attended to Boy Scouts Pancake Breakfast.
Sbarra attended the Memorial Day Parade. He thanked the Mayor for asking the Council to join him on the stage.
Spiech attended the Housing Commission Meeting. He said 50 people attended the Meeting. Many questions were asked about renting, leasing and trusts. The next Meeting will be on the third Tuesday of June.
Williams attended the Heroes Presentation. He complimented the students who put together the Program.
Williams attended the Memorial Day Parade.
Williams said this past Saturday was the Fishing Contest. Forty one children participated.
DiGiulio attended the Joyce Kilmer Poem Presentation. She suggested Mr. Alex Michilini be given a plaque for all of his hard work.
DiGiulio said the Winters Park Playground is selling pavers.
REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR
Mayor Laforet attene4d the Joyce Kilmer Presentation at the Marriott Courtyard.
Mayor attended the Memorial Day Parade.
Mayor attended the Heroes Presentation.
Mayor attended the Meadowlands Exposition.
Mayor attended the Housing Commission Meeting.
Spiech said the Township will benefit from the Superbowl through the Hotel Tax.
The Business Administrator said the Council should have received the Arbitrator’s decision in regard to the PBA. The Arbitrator decided that there will be a wage freeze for two years for wages and salary guide. He said he will discuss this more in Closed Session.
Williams asked when they will meet with the white and the blue. The Business Administrator said they our scheduled to meet with the white and the blue on June 11th.
ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING A RIGHT OF WAY EASEMENT OVER A PORTION OF LOT 41, BLOCK 12 LOCATED ON EASTVIEW DRIVE IN THE TOWNHIP OF MAHWAH
RESOLUTION – ORDINANCE NO. 1724
Introduced by Spiech; second by Sbarra
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 June 13, 2013 at the Richard J. Martel Municipal Center, 475 Corporate Drive, Mahwah, NJ at 8:00PM.
FURTHER RESOVLED 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: DiGiulio, yes; Jandris, yes; Larson, yes; Roth, yes; Sbarra, yes; Spiech, yes; Williams, yes.
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ORDINANCE #1725: Highlands Exemption Ordinance
Carried to the June 13, 2013 Combined Work Session and Public Meeting.
ORDINANCE – PUBLIC HEARING
The title of an Ordinance was read as follows:
AUTHORIZING THE ACQUISITION BY A GIFT OF PROPERTY KNOWN AS BLOCK 96, LOTS 14, 15 16 AND 17 IN THE TOWNSHIP OF MAHWAH