TOWNSHIP OF MAHWAH

COMBINED WORK SESSION AND PUBLIC MEETING MINUTES

THURSDAY, APRIL 19, 2007

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 21, 2006 and March 23, 2007 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, April 19, 2007 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 DaPuzzo, DiGiulio, Hermansen at 8:10PM, Kidd and Roth.

Absent: Councilmembers Alderisio and Larson.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Engineer Kevin Boswell and Municipal Clerk Kathrine Coletta.

PUBLIC PORTION

On a motion by Kidd, seconded by DaPuzzo, the meeting was opened to the public at 8:03PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue attended the Senior Citizens Luncheon today.

Mr. Kidd advised Council that as a result of all the rain recently the foot bridge at the north end of Lake Henry washed out.

Mr. Kidd complained about the lights on Continental Soldiers Field being on at 9:30PM Sunday night. DiGiulio said she shall contact the Recreation Director on this.

Mr. Kidd complained about the amount of debt the Township has incurred.

On a motion by Roth, seconded by DaPuzzo, the meeting was closed to the public at 8:08PM. All in favor. Motion carried.

WORK SESSION

SUBMISSION OF BILLS AND CLAIMS

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

ADMINISTRATION

4d. Appointment; Fire Official

Resolution shall be voted on in the Public Meeting.

LEGAL

3a. McIntosh Drive-Shuart Road; Discussion

Ordinance shall be introduced at the Public Meeting.

3b. Traffic Calming Devices; Chapel Greens; Discussion

The Township Attorney explained a request was received from Chapel Green Condominium Association to install speed bumps at their expense. The Township Attorney went on further to say the Statutes were amended to allow speed bumps as long as they comply with DOT Regulations.

The Township Attorney recommended the Condominium Association submit plans to the Township for review by the Township Engineer to ensure they are in compliance with the Statutes. Thereafter, a resolution shall be considered by Council. The cost for the review by the Township Engineer would be borne by the Condominium Association. Input from the Police Department would also be sought.

Roth suggested the Fire Department also be contacted for input.

DiGiulio informed Council she received a telephone call from Karen Meyers, Captain of Ambulance Corps. Co. #1. Ms. Meyers said the Ambulance Corps. is opposed to speed bumps as the apparatus must come to a complete stop before going over. The Municipal Clerk shall contact Ms. Meyers for a letter.

The Township Attorney shall prepare a letter to the Condominium Association once he receives the comments from Ambulance Co. #1 and Ambulance Corps. Co. #4.

Subject of Traffic Calming Devices shall be placed on the May 3, 2007 Combined Work Session and Public Meeting Agenda for discussion.

ENGINEERING (Boswell-McClave)

1a. Franklin Turnpike Construction Company LLC; Franklin Turnpike and Trellis Court; Block 105.01, Lot 90; Request for Release of Performance Guarantee

(Dkt. #445)

Resolution shall be voted on in the Public Meeting.

1b. Verbal Status Report

Franklin Turnpike/Miller Road Intersection Improvements: The Township Engineer’s Representative met with the County. The County does not have a problem with adjusting the widening as long as the wall on the side of Mahwah Sunoco is not compromised. The Township Engineer shall revise the Plan and report back to Council.

The Township Engineer suggested an informal meeting be held with the effected Property Owners to discuss what is being proposed.

MA478: Hilltop Road and Airmont Avenue Intersection: bid is scheduled to be advertised in the summer of 2007.

MA 885: Airmont Avenue Drainage Improvements (in vicinity of 168 Airmont Avenue)

MA886: Campgaw Road Drainage Improvements (in vicinity of 586 Campgaw Road)

The Township Engineer’s Representative shall be meeting with the County next week to discuss.

Hermansen received a telephone call from a resident who is having problems with a broken water main in front of their house. He asked the Township Engineer to contact the resident. The Township Engineer shall contact the Homeowner and then Administration and the Township Attorney on advice on how to proceed legally.

Kidd referred to the two bridges at Lake Henry. The Township Engineer is waiting for a response from the Highlands Council on the Stabilization Plan. The Township Engineer has inspected the bridges twice since the rain storm on Sunday and both bridges are structurally sound.

DiGiulio questioned the status of the Homeowner in Rio Vista with the water problem. The Township Engineer said his representative contacted the Homeowner and he shall go to the home on the next major rain event.

DiGiulio questioned the status of Young World Day School. The Township Attorney reported the Easement paperwork was sent to the Property Owner and we are waiting a response.

DiGiulio questioned on Route 202 where the road curves is it possible to have guard rails installed. The Township Engineer shall approach the County. The Mayor answered in light of the recent accident, he understands the County is looking into this.

UTILITY ENGINEER (Malcolm Pirnie) REMOVED

2a. Verbal Status Report REMOVED

ADMINISTRATION

4h. Emergency Appropriation; Flood Damage – Road Repair

Resolution shall be voted on in the Public Meeting.

TOWNSHIP COUNCIL AND MUNICIPAL CLERK

5a. Bus Shelters; Discussion

DiGiulio advised Council she has spoken to Lt. Sinnaeve who is not in favor of the bus stopping in front of Veterans Park. Item shall be carried. Item shall be forward to the Transportation Committee Chair to meet with the Police Department to discuss. Also, suggestion was made to wait until the Alignment Project on Franklin Turnpike and Miller Road Intersection is complete.

ADMINISTRATION

4a. Resolution to Cancel Taxes; Block 1, Lot 162; Midvale Mountain Road

Resolution shall be voted on in the Public Meeting.

4b. Request to Award Bid #MTB-07-09: Parks and Playgrounds 2008 F350 Pick Up Truck with Snow Plow Purchase

Kidd referred to the Consultant’s Report which recommended that snow plowing be

outsourced. The Business Administrator pointed out he understood the Consultant’s

Report referred to large trucks which did not have any other utility other than snow

plowing. This vehicle, the F-350, would be replacing another vehicle.

Resolution shall be voted on in the Public Meeting.

4c. LOSAP; CPI Adjustment; Discussion

The Business Administrator explained the present LOSAP Ordinance does not provide

for automatic CPI increases. The Township can adopt an Ordinance which will address

annual CPI increases.

Council concurred to consider Resolution at their May 3, 2007 Combined Work Session

and Public Meeting which would be for a one year period.

4e. Police Building Renovation Project; Architect Contract; Change Order #1

Resolution shall be voted on in the Public Meeting.

4f. Chapter 159; Forfeiture of Funds – Desktop Computers

Resolution shall be voted on in the Public Meeting.

4g. Mayor’s Proclamation; National Safe Kids Week – April 28 to May 6, 2007

Mayor shall read Proclamation during the Public Meeting.

TOWNSHIP COUNCIL and MUNICIPAL CLERK

5b. Raffle Applications

1. Ramapo College Alumni Association Inc. (Off Premise)

2. Mahwah PBA Local Civic Association (On Premise, 50/50)

3. Mahwah PBA Local Civic Association (On Premise)

Application were tentatively approved. Final approval shall be voted on at the Public Meeting.

5c. Amendment; 2006 Salary Ordinance

Ordinance shall be introduced in the Public Meeting.

5d. Jr. Firefighter Application; Christopher Berger to Fire Company #4

Resolution shall be voted on in the Public Meeting.

PUBLIC SESSION

APPROVAL OF BILLS AND CLAIMS

Kidd questioned the number of telephone lines at the Municipal Pool. The Business Administrator shall find out.

On a motion by DiGiulio, seconded by DaPuzzo, the Bills and Claims, previously signed, totally $1,531,263.68, were approved. Roll call vote: Alderisio, absent; DaPuzzo, yes; Hermansen, yes; Kidd, no; Larson, absent; Roth, yes; DiGiulio, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK

TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES

Hermansen reported the School Election Winners were Chuck Saldarini, Suzanne Curry and Doug D’Angelo. Hermansen thanked Mr. Wendrychowicz for his services to the Board. Hermansen reported the Budget and 2nd Question passed.

Kidd requested the Library Paying Rent be placed on the May 3, 2007 Combined Council Meeting Agenda for discussion.

Roth reported the Cable Franchise Committee met with Cablevision. A tentative Agreement has been reached subject to language being clarified. Roth thanked Hemansen and Larson for their contributions.

DiGiulio congratulated the new Members to the School Board. She thanked Mr. Wendrychowicz and Mrs. Snyder for their services.

DiGiulio reported the Beautification Committee held their clean up on Saturday, April 14th. 58 Volunteers came out to help. She thanked everyone.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR

The Mayor reported with the expected rain this passed weekend the Department of Public Works drained Winters Pond. When the storm hit, the pond acted as a detention basin. The Mayor thanked the DPW for draining the pond prior to the storm.

The Mayor spoke about the tragic accident on Sunday evening where a resident went off Route 202 into the Ramapo River. The individual and her vehicle where found on Wednesday at about 5PM.

MAYOR’S PROCLAMATION

Mayor Martel read the Proclamation entitled “National Safe Kids Week – April 28 to May 6, 2007”.

PUBLIC PORTION

On a motion by Hermansen, seconded by Roth, the meeting was opened to the public at 9:48PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue questioned where the increases where to the Pool Membership Fees. Mr. Kidd feels the poll should be self sustaining. Hermansen answered the fees were raised to offset the improvements.

Mr. Kidd suggested the seized funds be used towards the Change Orders to the Police Department Renovation Project.

ORDINANCES – INTRODUCTIONS

The title of an Ordinance was read as follows:

AN ORDINANCE AMENDING ORDINANCE NO. 1550 OF THE TOWNSHIP OF MAHWAH ENTITLED SALARY ORDINANCE 2006

RESOLUTION – ORDINANCE NO. 1574

Introduced by Roth, Seconded by Hermansen.

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

FURTHER RESOLVED that said Ordinance shall be considered for final passage at a meeting to be held on May 3, 2007 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: Aldersio, absent; DaPuzzo, recused; Hermansen, yes; Kidd, no; Larson, absent; Roth, yes; DiGiulio, yes.

* * *

The title of an Ordinance was read as follows:

AN ORDINANCE AMENDING CHAPTER VII OF THE TOWNSHIP CODE OF THE TOWNSHIP OF MAHWAH TO PROHIBIT VEHICLES TRAVELING SOUTHBOUND ON EAST CRESCENT AVENUE FROM MAKING A RIGHT HAND TURN ONTO SHUART ROAD AND TO PROHIBIT VEHICLES TRAVELING EAST ON SHUART ROAD FROM MAKING A LEFT HAND TURN ONTO EAST CRESCENT AVENUE DURING CERTAIN ENUMERATED HOURS.

RESOLUTION – ORDINANCE NO. 1578

Introduced by Hermansen, Seconded by DaPuzzo.

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

FURTHER RESOLVED that said Ordinance shall be considered for final passage at a meeting to be held on May 3, 2007 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, absent; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, absent; Roth, yes; DiGiulio, yes.

CONSENT AGENDA

Resolutions #081-07 and #082-07 were removed from the Consent Agenda and voted on separately.

Resolutions #077-07 through #080-07, #083-07 and #084-07 and the Raffle Applications for Ramapo College Alumni Association (Off Premise), Mahwah PBA Local 143 Civic Association (On-Premise, 50/50) and Mahwah PBA Local 143 Civic Association (On Premise) were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

OLD BUSINESS

None.

NEW BUSINESS

None.

On a motion by Roth, seconded by DaPuzzo, the meeting was adjourned at 10:00PM. All in favor. Motion carried.

Respectfully submitted,

Kathrine G. Coletta, RMC/CMC

Municipal Clerk