TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, MAY 14, 2009
The meeting was called to order at 8:02PM by Council President DaPuzzo who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 11, 2008 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, May 14, 2009 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, Hermansen at 8:24PM, Kidd at 8:12PM, Larson and Roth.
Absent: Councilmember DiGiulio
Also present were Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Attorney’s Associate Andrew Fede, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerry Spiesbach, Township Utility Engineer’s Associates Justin Mahon and Kori Donison and Municipal Clerk Kathrine G. Coletta.
PUBLIC PORTION
On a motion by Roth, seconded by Alderisio, the meeting was opened to the public at 8:04PM. All in favor. Motion carried.
On a motion by Alderisio, seconded by Roth, the meeting was closed to the public at 8:05PM. All in favor. Motion carried.
BOARD OF HEALTH – BUDGET REQUEST
Board of Health President Wendy DeSilva and 1st Vice President Patricia Spiech were present.
Mrs. DeSilva urged the Council to rehire the part-time inspector in the Board of Health. She explained the workload of the Department and that without the Inspector the Board of Health will not be able to meet the state mandates.
Mrs. Spiech also urged the Council to rehire the Part-time Inspector as she feels the health and safety of the residents is at stake.
DaPuzzo explained the 2009 Municipal Budget has already been adopted and money cannot be moved until November 1st.
Roth said he would investigate how to re-hire the part time inspector but only if the Council would support it.
Straw poll vote was taken to re-hire the Part-Time Inspector in the Board of Health if a creative way could be reached. Straw poll vote: Alderisio, yes; DiGiulio, absent; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DaPuzzo, yes.
WORK SESSION
SUBMISSION OF BILLS AND CLAIMS
Any Councilmembers with questions on the Bills and Claims was asked to confer with
Administration prior to the Public Meeting.
ENGINEERING (Boswell-McClave)
1a. Rio Vista Estates Subdivision – Phase 1; Crocker Mansion Drive, Jacobean Way, Georgian Court, Trotters Lane, James Brite Circle, Surrey Lane and Seminary Drive; Block 21, Original Lots 3, 4 and 5; Request for Release of Performance Guarantee (Dkt. #131-F-1)
1b. Rio Vista Estates Subdivision – Phase 2; Hampshire Road, Seton Lane and Seminary Drive; Block 21, Lots 3, 4 and 5; Request for Release of Performance Guarantee (Dkt. #131-F-2)
1c. Rio Vista Estates Subdivision – Shade Trees (Phases 5, 6, 7, 8 and 12); Request for Approval to Authorize Contribution to Township’s Shade Tree Bank (Dkt. #131)
1d. Rio Vista Estates Subdivision – Phase 5A; Bramshill Drive and Finn Court; Block 23, Lots 56 and 1; Request for Release of Performance Guarantee (Dkt. #131-F-5A)
1e. Rio Vista Estates Subdivision – Phase 5B; Bramshill Drive; Block 23, Lot 1; Request for Release of Performance Guarantee (Dkt. #131-F-5B)
1f. Rio Vista Estates Subdivision – Phases 6A, 6B and 6C; Great Hall Road and Henion Garden; Block 21, Lots 18 and 20 and Block 23, Lots 1 and 2; Request for Release of Performance Guarantee (Dkt. # 131-F-6A, 6B and 6C)
1g. Rio Vista Estates Subdivision – Phase 8; Tudor Rose Terrace; Block 23, Lot 1; Acknowledgement of Completion of Project; (Dkt. #131-F-8)
1h. Rio Vista Estates, Center Core; Stage II; Seminary Drive, Village Drive and Manor Road; Block 21.03, Lot 1; Request for Release of Performance Guarantee (Dkt. #799)
1i. Rio Vista Estates Subdivision – Phases 5B, 6A, 7 and 8; Soil Movement and Revegetation Guarantees; Request to Release Soil Movement and Revegetation Guarantees (Dkt. #131)
The Business Administrator reported he checked the files on Phase I of the development.
The Subdivision Maps show a 7 ½ acre common area that was constructed at the end of
the Trotters Lane cul-de-sac. The Business Administrator said the work required by the
Phase I Developer’s Agreement was completed. In 1986, it was intended to be a
common area serving the residents in the Association. In 1993, there was a discussion
when the project got further into Phase II and Phase III as to whether there could be a
dedication of that field to be used for little league activities as there was a shortage of
fields at that time. Also, at this time he recalls the field was not that big and there was
not room for parking.
DiGiulio questioned if the Homeowner’s Association was contacted. The Business
Administrator said two letters where mailed to the Attorney for the
Homeowners Association of the development. The Business Administrator spoke with
the Attorney who said that he will not be attending the meeting this evening.
Individual Resolutions shall be voted on in the Public Meeting.
1j. Change Order #1; Resurfacing of Stage 5 Sanitary Sewer Roads
Resolution shall be voted on in the Public Meeting.
1k. 2009 Road Improvement Program; Authorization to Award Bid
Resolution shall be voted on in the Public Meeting.
1l. 2009 Road Improvement Program; Authorization for Construction Management Services
Resolution shall be voted on in the Public Meeting.
1m. State Aid Applications - F.Y. 2010
Resolution shall be voted on in the Public Meeting.
1n. Written Status Report – May 2009
MA898: Parking Lot Landscaping for Police, Fire and Museum Parking Lot – Project
complete. Few punch list items remain to be addressed.
MA980: Masonicus Brook Stream Cleaning and Restoration of Winters Pond – the
equipment from the County Mosquito Commission should be on site on Tuesday, May
19, 2009. The Township Engineer’s Associate said a meeting was held with
Administration and the Department of Public Works. Discussed at the meeting were the
Township’s responsibilities. It is necessary for the Township to provide stone so there is
access around and in the pond. The Township has started to lower the level of the water
in the pond. The Business Administrator said notices have been sent to the Property
Owners whose backyards abut the pond.
MA1039: Home Depot Entrance – Constantine Drive and Route 17 Northbound
Deceleration Lane – DaPuzzo asked what has to be done to get this item off this report.
The Township Engineer’s Associate said they did receive a letter from the state saying
that they do approve of the Township’s Ordinance to make Constantine Drive one way.
The Township Engineer’s Associate said he contacted the DOT and asked about striping
the deceleration lane by Home Depot. The State said the Township can expect a
response within a few weeks that the DOT is not in favor of striping the lane. DaPuzzo
said this has already been approved. DaPuzzo suggested another resolution be adopted
putting the DOT on notice that if anything happens they are liable. The Township
Attorney shall draft a Resolution. DaPuzzo also suggested setting up a meeting with the
DOT in the field.
TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie)
2a. Written Progress Report – May 2009
No questions.
ADMINISTRATION
3a. Mayor’s Proclamations
1. Myasthenia Gravis Awareness Month – June 2009
2. Scleroderma Awareness Month – June 2009
3. Recognition – Mr. Lawrence R. Inserra Jr.
Proclamations shall be read in the Public Meeting.
3b. Mayoral Appointment; Historic Preservation Commission
Resolutions shall be voted on in the Public Meeting.
3c. Ordinance Amending Water Rates
Roth went over the Recommended Rate Structure Modification from the Water Rate
Advisory Panel.
Kidd added the primary reason the Township can provide a consistent and high quality product is because the Township has a great Water Department. The cost of the quality of our water is a reflection of their high quality.
Roth agreed and said for the number of people in the department they do an outstanding
job. Roth said raising the water rates is necessary.
Hermansen said rates had to be raised and hopefully residents will do their best to
conserve on water.
Ordinance shall be introduced in the Public Meeting.
3d. Health Plan Document Amendment; State Children’s Health Insurance Program (SCHIP) and Children’s Health Insurance Program Reauthorization Act of 2009
The Business Administrator explained this is a Federal requirement that the Township make an amendment to the Health Insurance Plan.
Resolution shall be voted on in the Public Meeting.
3e. Identity Theft Policy
The Business Administrator said this is a Federal requirement. Resolution shall be voted on in the Public Meeting.
3f. 2009 Salary Ordinance
Ordinance shall be introduced in the Public Meeting.
3g. MINI-E Vehicles; Lease Authorization
Resolution shall be voted on in the Public Meeting.
TOWNSHIP COUNCIL and MUNICIPAL CLERK
4a. Firefighter Applications
1. Robert A. Roman to Fire Company #2
2. Anthony D. Chuck to Fire Company #4
3. Anthony R. Iacoro to Fire Company #4
4. Christopher M. Vandling to Fire Company #2
Resolutions on the above Firefighter Applications shall be voted on in the Public Meeting.
4b. Jr. Firefighter Application; Stephen Scholl to Fire Company #1
Resolution shall be voted on in the Public Meeting.
4c. Raffle Application; Ramapo College Foundation (Off Premise, 50/50)
Raffle Application was tentatively approved. Final approval shall be voted on in the Public Meeting.
4d. Adoption; 2003 International Property Maintenance Code
Item tabled for two weeks. Township Attorney shall research.
4e. Jr. Firefighter Application; Jack Jarzavian to Fire Company #2
Resolution shall be voted on in the Public Meeting.
PUBLIC MEETING
PUBLIC PORTION
On a motion by Larson, seconded by Roth, the meeting was opened to the public at 9:53PM. All in favor. Motion carried.
Mr. Joe Sinapoli of 184 Stephens Lane read in the newspaper about the closure of Olney Road. He asked what the compelling factor or group of people obsessed was for with the closure of this road. The Township Attorney explained it is not a group of people. There had been a study done by an Engineer to make a recommendation if there were any safety issues associated with the narrowness of this road. After the Engineer’s presentation he recommended that access at the narrow point of the road should be restricted, He concurred with the Department of Transportation’s recommendation, for safety reasons, to restrict the traffic at that bottleneck.
Mr. Sinapoli asked about the court’s ruling. The Township Attorney explained that Judge Harris said an independent variation needed to be done before there can be a request of an evaluation by the Department of Transportation.
Mr. Sinapoli asked what the safety issue was in this 300 yard strip. He said he uses the road and feels the road is an alternative to prevent a lot of traffic on Franklin Turnpike. The Township Attorney said there are site issues and narrowness of the road. Mr. Sinapoli asked how much money this issue has cost the Township. The Township Attorney said he did not know.
Mr. Sinapoli said a bigger issue and a safety issue in the Township are potholes.
DaPuzzo said Olney Road was never meant to be open. Hermansen said the DOT had given their approval to close the road.
Mr Sinopoli pointed out that there are at least six other roads in the Township that are just as narrow or narrower than Olney Road.
Kidd does not feel that the Engineer’s report has any merit.
Mrs. Ellen Sinapoli of 184 Stephens Lane asked who compelled the Council to close Olney Road for only four houses. Mrs. Sinopoli said if the Council is going to close the street they should close her street as originally it had been closed. She said cars speed down her street and the BMW car dealer tests cars on her street.
Alderisio feels Franklin Turnpike is a safer route than cutting through Olney Road. Mrs. Sinopoli said if the Council continues with an Ordinance she will organize a group in her development as the residents on Stephens Lane have to put up their own signs for their children to play.
Alderisio said he believes Stephens Lane was opened so the Fire Department could have access.
Mr. Sinapoli asked, again, what the safety issue was on Olney Road since there were other roads narrower in the Township. DaPuzzo questioned whether we did have other roads narrower. Mr. Sinapoli asked if these narrower roads had a safety study done.
DaPuzzo said the traffic expert said the road is unsafe. Mr. Sinapoli asked if there are records of any accidents on Olney Road. The Township Attorney explained what the facts are on Olney Road.
On a motion by Roth, seconded by Hermansen, the meeting was closed to the public at 10:18PM. All in favor. Motion carried.
DaPuzzo recused himself at 10:19PM. Hermansen took over chairing the meeting.
CLOSED SESSION
On a motion by Roth, seconded by Larson, Council went into closed session at 10:20PM
for the express purposes of discussing Tax Appeals - a. Block 136, Lot 12; 800
Corporate Drive, b. Block 136, Lot 8; 300 Corporate Drive, and c. Block 110.01, Lot 1;
18 Industrial Avenue; Monthly Litigation Report – May 2009 and Litigation – Mahwah
Realty Associates, et al. vs. Township of Mahwah, et al.. All in favor. Motion carried.
On a motion by Roth, seconded by Larson, Council returned to open session at 10:47PM.
All in favor. Motion carried.
DaPuzzo returned at 10:48PM.
APPROVAL OF BILLS AND CLAIMS
On a motion by Hermansen, seconded by Roth, the Bills and Claims, previously signed, totaling $6,278,492.47 were approved. Roll call vote: Alderisio, yes; DiGiulio, absent; Hermansen, yes; Kidd, no; Larson, yes; Roth, 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 Hermansen, seconded by Alderisio, the Combined Work Session and Public Meeting of April 9, 2009 and Combined Work Session and Public Meeting of April 23, 2009 were approved. Roll call vote: Alderisio abstained on Minutes of April 9, 2009 and April 23, 2009; DiGiulio, absent; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DaPuzzo, yes.