TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, AUGUST 20, 2009
The meeting was called to order at 8:07PM 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, August 20, 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, Kidd and Roth.
Absent: Councilmembers DiGiulio, Hermansen 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 G. Coletta.
PUBLIC PORTION
On a motion by Roth, seconded by Alderisio, the meeting was opened to the public at 8:09PM. All in favor. Motion carried.
Mr. Arthur Lowe of 31 Erskine Court questioned when Ridge Road in front of the schools will be stripped. The Business Administrator said a report was received from the Township Engineer explaining the stripping is more involved than anticipated. Item will be discussed further at the Combined Work Session and Public Meeting of September 10, 2009.
Mr. Albert Kidd of 851 Darlington Avenue asked the amount of the Township’s debt. The Business Administrator answered the same as at the start of the year. He added the Township has not incurred any additional debt and that of the money owed about $350,000. has been paid.
Mr. Kidd pointed out of the legal notices in the newspaper this past week about 9 pages are foreclosures.
On a motion by Alderisio, seconded by Roth, the meeting was closed to the public at 8:13PM. All in favor. Motion carried.
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)
Stripping of Ridge Road: The Township Engineer said he will obtain the information
from his Associate and report back to the Council. The Business Administrator
interjected a survey was completed of the area and letter on same shall be distributed to
the Council. The Business Administrator said the letter says the width of the roadway
would not support the stripping as proposed. This item shall be discussed further at the
Combined Work Session and Public Meeting of September 10, 2009.
DaPuzzo suggested looking at the Safe Route to Schools Grant. The Township Engineer
said the Safe Route to Schools Grants are typically for sidewalks and bikeways.
Kidd suggested the Library be contacted and asked to contribute towards the costs.
1a. Rowayton Properties LLC; Airmount Road and Woodcrest Court; Block 109, Lots 4 and 5; Request for Release of Performance Guarantee (Dkt. #473)
Resolution shall be voted on in the Public Meeting.
1b. Improvements to Corporate Drive – Section I; Change Order #1 (Reduction in Contract Amount)
Resolution shall be voted on in the Public Meeting.
1c. Improvements to Corporate Drive – Section II; Change Order #1 (Reduction in Contract Amount)
Resolution shall be voted on in the Public Meeting.
1d. Verbal Status Report
West Ramapo Avenue: the Township Engineer reported the project is anticipated to be completed before the start of the school year. He said the road is scheduled to be opened by the end of August. Mayor Martel said he received notification the road will be open on August 28, 2009.
Winters Pond: the Township Engineer said survey crews were at the site. The Work Safety Plan will be submitted to Rockland Electric within the next two weeks. The Township Engineer said they will expedite Rockland Electric’s review and the Mosquito Commission’s to the site as soon as possible.
Kidd said he spoke to one of the individuals involved with the pond dredging previously who informed him that a Safety Plan was not done when they worked at the site. Kidd questioned the need to submit the Safety Plan. DaPuzzo said Rockland Electric demanded the Safety Plan and issued a Stop Work Order stating we could not proceed without the Plan.
TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie)
2a. Verbal Progress Report
No report.
ADMINISTRATION
3a. Complete Count Committee; 2010 Census
Item carried for two weeks.
3b. Certificate of Determination and Award of Bond Sale; For Information Only
3c. Support of Sustainable NJ Municipal Certification Program
Mr. John Brotherton, Chairman of the Environmental Commission and Mr. Chance Parker, Member of the Environmental Commission were present.
Mr. Parker explained Sustainable New Jersey is a certification program that provides incentives to municipalities who go green. He said the program saves money and saves the environment. He said the program was developed, created and supported by the New Jersey League of Municipalities and various other organizations.
DaPuzzo said as he understands the resolution would not obligate the Township to any funding. Mr. Parker confirmed participation is voluntary. DaPuzzo clarified at this point the Township is not committing to any funds but rather showing support to the Environmental Commission to go forward and start looking at the program.
Mr. Parker said the Program’s web site is www.sustainablenj.com. He added the web site has comprehensive information about the program.
Alderisio feels it would be worthwhile for the Township to look into the program.
Kidd said he is not against exploring the program. He added his concern is the strings that may come attached later on down the road.
Resolution shall be voted on in the Public Meeting.
3d. Phase 5 Sanitary Sewer Committee
Resolution shall be voted on in the Public Meeting.
3e. Award of Pay to Play Compliance; Bob Ryan Associates Inc.
Resolution shall be voted on in the Public Meeting.
TOWNSHIP COUNCIL and MUNICIPAL CLERK
4a. Jr. Firefighter Applications
- David W. Tracey to Fire Company #1
2. Zach F. Schleifer to Fire Company #4
3. John P. McDonald to Fire Company #2
Roth questioned the dates on two of the individuals physicals being over 1 year old. Council concurred the individual Resolutions shall be voted on in the Public Meeting contingent upon the physicals provided are in accordance with the Township Code.
4b. Firefighter Application; John E. Rubino to Fire Company #4
Kidd questioned if “Trip” is the same person as John. Fire Chief shall be contacted by the Municipal Clerk on same. Council concurred Resolution shall be voted on in the Public Meeting and contingent upon “Trip” and “John” being the same person.
4c. Person-to-Person and Place-to-Place Transfers of Liquor License; Inkeepers Inc. to Taste Buds LLC
Item removed from Agenda by Applicant’s Attorney.
4d. Raffle Application; VFW Memorial Post #7124 Mahwah (Off Premise)
Raffle application was tentatively approved. Final approval shall be voted on in the Public Meeting.
PUBLIC MEETING
APPROVAL OF BILLS AND CLAIMS
On a motion by Roth, seconded by Alderisio, the Bills and Claims, previously signed, totaling $1,500,029.20, were approved. Roll call vote: Alderisio, yes; DiGiulio, absent; Hermansen, absent; Kidd, no; Larson, absent; Roth, yes; DaPuzzo, 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
Roth said on Route 202 by the 287 overpass the road is in serious disrepair. The Business Administrator said it is a County road. He shall contact the Township Engineer to contact the County Engineer regarding the repairs.
DaPuzzo said the sidewalk on Route 202 by Route 17 overpass is in need of repair. He said the area is very dark as there are no lights. He has traveled the road often and at night individuals ride bikes there and wear dark clothes and cannot be seen as there are no lights. The Business Administrator said the general policy of the County is they do not construct sidewalks. Mayor Martel questioned if the area in question is near the entrance to Route 17. DaPuzzo answered yes. Mayor Martel questioned if this is State property.
Roth referred to the Planning Board memo of August 12, 2009 on the review of Ordinance #1653 where he referred to a typographic error. He said from the memorandum as follows: “The Planning Board finds the proposed Ordinance #1653 was inconsistent with the Township’s Master Plan.” The Business Administrator said that is a correct statement. Roth stated he is confused as the memorandum goes on further to say the Ordinance would provide needed services to the residents of Mahwah and they, the Planning Board, made a motion to recommend to the Township Council that the Ordinance be adopted. The Business Administrator said that is correct. Roth feels that there are conflicting statements.
DaPuzzo recused himself at 8:43PM.
The Business Administrator explained when a Zoning Ordinance is introduced by the Council it is referred to the Planning Board. Under the Municipal Land Use Law the primary purpose of the referral to the Planning Board is not to get an opinion from the Planning Board during a 35 day period but rather for the Planning Board to make a determination on whether or not the Ordinance is consistent with the Main Use Element of the Master Plan. The Planning Board makes the finding that it is or it is not consistent with the Land Use Element of the Master Plan. This is the purpose of the referral. The Business Administrator went on further to say if the Ordinance is inconsistent with the Master Plan the Council can still proceed to adopt the Ordinance as long as the Council when they adopt the Ordinance say that they recognize that it is not consistent with the Land Use Element of the Master Plan of the Ordinance being considered and the reasons are stated. He further said in this particular case the proposed use of Health and Fitness Clubs in an Industrial Zone, according to the Planning Board, is not consistent with the Land Use Element of the Master Plan. He also said the Master Plan in those areas says there should be industrial uses in the zone and we are introducing a different use in the zone which is not consistent.
The Township Attorney added that is the reason the “Whereas” clauses are included – to provide an explanation.
DaPuzzo returned at 8:45PM.
REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel attended the Senior Picnic at the pool today. He said it was the largest turnout ever.
The Business Administrator said on Ordinance #1655 there is one change. And the Public Hearing will be continued at the next Council Meeting as the Ordinance will be amended tonight.
The Business Administrator said the Township is continuing with the Nilsen Avenue Booster Station project. He said Rockland Electric will be installing new electric wires on the overhead pole. The Township is being asked to confirm that we give permission to Rockland Electric to run the overhead wires to the lot where the tank is located. He further said an Ordinance will be necessary to authorize the Mayor to execute the necessary documents. Ordinance will be introduced this evening.
PUBLIC PORTION
On a motion by Roth, seconded by Alderisio, the meeting was opened to the public at
8:49PM. All in favor. Motion carried.
Mr. Albert Kidd of 851 Darlington Avenue asked on a commercial building if the
building is not occupied does the owner receive a reduction in taxes. The Business
Administrator answered no. The Township Attorney reinterated that if the building is
vacate the taxes are not reduced. He further said the owner of the building can file a tax
appeal.
Mr. Kidd said in the area of 287 and Route 17 the area at night is very well lite and there
is ample room for vehicles and pedestrians to pass at the same time. Mr. Kidd added that
in the area of the Temple, hotel and Mason Jar the road is narrow and in need of repair.
On a motion by Roth, seconded by Alderisio, the meeting was closed to the public at
8:54PM. All in favor. Motion carried.
ORDINANCE – INTRODUCTION
The title of an Ordinance was read as follows:
AUTHORIZATION OF RIGHT-OF-WAY TO ROCKLAND ELECTRIC ON
BLOCK 117, LOT 9 IN CONNECTION WITH THE NILSEN AVENUE
BOOSTER STATION.
RESOLUTION – ORDINANCE NO. 1656
Introduced by Roth, Seconded by Alderisio.
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 September 10, 2009 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, absent; Hermansen, absent; Kidd, yes; Larson,
absent; Roth, yes; DaPuzzo, yes.
ORDINANCE – PUBLIC HEARING
Ordinance #1655: 2009 Salary Ordinance; Amendment