Township of Mahwah Special Meeting Minutes of September 1, 2011

TOWNSHIP OF MAHWAH

SPECIAL MEETING MINUTES

THURSDAY, SEPTEMBER 1, 2011

The meeting was called to order at 8:00PM by Council President Roth who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on August 22, 2011 stating this meeting would be held at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, September 1, 2011 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

MOMENT OF SILENCE FOR VETERANS AND THOSE SERVING IN THE MILITARY

Present: Councilmembers Alderisio, DiGiulio, Jandris, Larson, Roth and Spiech.

Absent: Councilmember Williams.

Also present were Mayor John DaPuzzo, Township Business Administrator Brian Campion, Township Attorney John A. Conte Jr., and Municipal Clerk Kathrine G. Coletta.

Mayor DaPuzzo said recently Hurricane Irene visited the Township. The devastation was within areas of town was compounded by a dam breaking in New York State dumping 15,000 gallons of diesel oil into the river. Due to the large amount of water, the majority of the oil from the spill was washed away. The Ramapo River raised 3 feet in 1 hour. Four foundations of homes were blown out.

The Township has supplied dumpsters in the west area of the Township. The Township will be waiving permit fees for homes damaged by the storm. To date, 30 to 40 homes are without power. The roadway in front of Halifax Road was lifted and moved. There was a 3 foot drop to the Halifax Bridge. The second bridge in Deerhaven survived the storm. Route 17, both north and south, was closed for 2 days.

The amount of effort from the OEM, Police Fire, Ambulance and neighbors was unbelievable.

The Mahwah High School Football Team came out to help residents.

Mayor said this proves what a great town Mahwah is.

Next week, Mayor said a web site will be put up that is similar to Craig’s List where residents will contact one another to various items. The details are still being worked out.

Various businesses have sent food to the flood victims.

The Borough of Ramsey donated 3 dumpsters and today sent a driver.

One hundred thirty five homes are still without service. It is expected tomorrow the service will be restored.

Roth said a Reverse 911 call was sent regarding the water supply being shut down. The wells have since been reopened. The DPW is confident the water is fine. He said as the water is receding oil residue may remain. If oil is on your property, call the Police Department.

Roth said throughout the Township trees were damaged. He said the DPW will be circulating around the Township to do curbside pickup starting next Tuesday.

Mayor DaPuzzo added the amount of damage throughout the County will qualify for FEMA aid. He said information can be found on the Township’s web site.

DiGiulio asked if a fundraiser could be done on Mahwah Day to help the residents who had losses due to the Hurricane. DiGiulio said she would chair the fundraiser.

Jandris asked that the Mahwah Police Department, Fire Department, EMS and Rescue be recognized for their efforts before, after and during the storm. He said many requests were made for the Township’s Dive Team.

Jandris referred to one incident where Ambulance 193 was parked with a patient, ambulance crew and Police Officer in the ambulance and wires arched over the ambulance. Fire Chief Potter had gotten into the driver’s seat and moved the ambulance out from under the wires. Jandris asked that the Fire Chief be recognized for his efforts in saving the lives of those who were in the ambulance.

Spiech pointed out it is important to know that those mentioned are volunteers.

DiGiulio interjected the 9/11 Ceremony will be on September 11th at 9AM on Old Station Lane across from Winters Pond. She said the Police Department, Fire Department and Ambulance Corps. will be at the ceremony.

Roth announced that Williams could not be at this evenings meeting due to a business commitment.

Roth said at 3:30PM yesterday, Crossroads Developers LLC filed a Site Plan Application with the Planning Board. The Application is currently being reviewed by the Construction Official for completeness. The process of reviewing the Application is a regimented process and dictated by State Statute. The Construction Official has 45 days to determine if the application is complete. The Township’s Construction Official is reviewing the application for completeness.

ORDINANCE – PUBLIC HEARING

The title of an Ordinance was read as follows:

AN ORDINANCE RESCINDING ORDINANCE NOS. 1684, 1686 AND 1687 OF THE TOWNSHIP OF MAHWAH, ADOPTED MARCH 31, 2011 WHICH PERMITTED AN OVERLAY ZONE ON THE SHERATON CROSSROADS PROPERTY

On a motion by Jandris, seconded by Spiech, the meeting was opened to the public at 8:24PM. Roll call vote: Alderisio, yes; DiGiulio, yes; Jandris, yes; Larson, yes; Spiech, yes; Williams, absent; Roth, yes.

Larson questioned in the Ordinance Title if the word “rescinding” should read “repealing”. The Township Attorney said the word “rescinding” shall be changed to “repealing” to be consistent with what was discussed at the first reading of the Ordinance.

Mr. Jim Jaworski Attorney for Crossroads Developers LLC said with him this evening is Tony DiGiovanni of Crossroads Developers. Mr. Jaworski said the Site Plan Application was filed yesterday. Mr. Jaworski said he brought a copy of the full submission of the Application and paperwork that was submitted yesterday to show the public and Council what an endeavor was undertaken. He said the application was not simply a Site Plan Application. Together with the Site Plan Application was the Engineering Checklist, full set of Site Plans in excess of 40 sheets, Topographic Boundary Survey, over 20 sheets of Architectural Plans, the Soil Movement Application and Drainage Calculations. He said 18 copies of the paperwork were submitted to the Township’s Construction Official. Mr. Jaworski added that Ordinance #1684 that Council passed in March of this year placed additional requirements upon the developer. He said the additional requirements were a Traffic Plan, Planning Analysis and Security Plan. The required fees were provided when the Application was submitted.

Mr. Jaworski said a great deal has been written by the media with regard to time of decision – time of submission and completion.

Mr. Jaworski added that the Application has been filed under Ordinance #1684 which he said is in effect. He said the time of submission was adopted on May 5, 2011. He added that the rule is short which he referenced as NJSA 40:55D-10.5 of the Land Use Law. He said the statute cannot be any clearer and that the completeness review is not part of what needs to happen. He said with regard to time of submission the Statute is extremely clear. He does not feel completeness enters into the equation. He said the law is new. And it is possible he may be the one to litigate it.

Mr. Jaworski said this and prior Councils spent years putting the three (Ordinances #1684, 1686 and 1687) together. He said the Township Professionals reviewed the documents. They met with the Police Department and Emergency Services. He said his client did everything requested to get Ordinance #1684 approved. He said by rescinding the Ordinances the Council is zoning.

Mr. Jaworski said it is arbitrary, capricious and unreasonable to take an action to rescind the Ordinance.

Several residents complained Mr. Jaworski exceeded his 5 minutes allocated time to speak.

Mr. Michael Richards of 624 Blue Ridge Lane commented on the Mayor’s Letter to Editor. He congratulated everyone who went out to help the residents during the hurricane. He thanked the Mayor for getting the FEMA Application out so quickly.

Mr. Richards said last night he spoke to the Construction Official. He said the issue about completeness is as clear as mud. And that the issue about completeness has not been litigated ever. He said it is brand new. He said it may be the first time in Mahwah but a complete plan needs to be submitted. Mr. Richards said he is looking for the Construction Official to check the Application completely and ensure it is a complete Application.

Mr. Richards asked the Township Council to vote yes for Ordinance #1698.

Mr. Richards also thanked Councilwoman DiGiulio for attending the meeting this evening although she was ill.

Mr. Richards said his group would like to see the application. He asked when he could review the Application. The Township Attorney said the Application is on file in the Building Department. The Construction Official needs to complete his review and will then make it available.

Mr. Richards asked if the Developer will be able to submit modifications past this evening. The Township Attorney answered yes.

Mr. Richards asked the Council to do the right thing and vote for the Ordinance #1698.

Mr. Lou Rizzo of 12 Rae Avenue said the Construction Official should be given some help reviewing the application.

Ms. Susan Chin of 186 Mabie Court said she spoke to the Mayor at the end of the meeting last week. She said she understands what Mr. Jaworski said that the law signed into effect on May 5, 2011 says the Developer is protected at the time he submits the Application. When she spoke with the Mayor he said when the Developer submits the Application it is date and time stamped by the Township Clerk. Mayor interjected and said not the Township Clerk but rather the Building Department. Ms. Chin said the Zoning Officer will go through the Checklist and check for completeness. If the application is found to be complete it will be considered submitted on the date it was time stamped and if not found to be complete at that time, it will not be considered submitted. Mayor said he believes what Ms. Chin said is correct. Ms. Chin said she understands this is a new law and we may be the first test case.

Ms. Chin asked the Township Attorney if he has reviewed the Township Code. She said several individuals in her group have reviewed the Code. She said it appears under the Site Plan Submission in Chapter 21 and Chapter 22 of the Township Code the Application must be complete and the Code states what must be submitted. And that Mr. Montroy needs to determine if the application is complete in order to deem the application submitted. The Township Attorney said what Ms. Chin said is his understanding. He said he has reviewed the Township Ordinances and advised the Council what is required. Ms. Chin asked the Township Attorney if what she said is his interpretation of the Township Code. The Township Attorney answered yes. Ms. Chin asked if the Township Council is also aware. The Township Attorney said he discussed it at a prior meeting with the Council. Ms. Chin believes that every Councilmember who voted last week to pass Ordinance #1698 will keep their vote the same with the exception of Mr. Alderisio who she hopes will change his vote and make it unanimous.

Mr. Gerry Salemi of Meadowlake Drive said the Mayor and Councilmembers Alderisio, Roth and Larson will not win the election.

Mrs. Jean Marie Harron of Hines Avenue read a lengthy letter in which she referred to the flooding in her area. She feels the flooding will be worse when the Crossroads Property is developed. She said in the past she was ignorant and did not attend Council Meetings. She said she is no longer ignorant. She asked the Council to bring this to a closure.

Mr. Jeff Ganzer of 32 First Street in Suffern on Route 306 the Patrick farm is proposed to be built on which is a sole source aquafir. He urged the residents to protect the drinking water.

Mr. Carol Scherer of 278 Vista View Drive said she is against the mall.

Mrs. Susan Staedler of West Ramapo Avenue asked the square footage of the proposed mall. An answer of 600,000 square feet was given. Mrs. Staedler proceeded to say that the Palisades Center was approved at 875,000 square feet and was finished at over 3 million square feet. Mrs. Staedler asked who controls the size. The Township Attorney answered the application shall go before the Township’s Planning Board.

Ms. Joey Bourgholtzer of 29 Hillside Avenue said there have been rumors that on the Sharp property only a warehouse remains. She feels once the property is zoned retail it will be simple to get the contiguous property zoned retail. She feels Council needs to listen to the people.

Mr. Mike Granata of East Slope Road feels the Township should recognize the history of the site. He does not feel retail is a good idea now.

Mr. Gus Vasilitis of 1040 Ramapo Valley Road feels the Township should think long range. He feels the Township should have more recreation such as a lifestyle center. He feels a committee of experts should sit down and discuss the best way to develop the property.

On a motion by Jandris, seconded by Spiech, the meeting was closed to the public at 9:08PM. Roll call vote: Alderisio, yes; DiGiulio, yes; Jandris, yes; Larson, yes; Spiech, yes; Williams, absent; Roth, yes.

DiGiulio spoke to Mr. Jaworski and said that he is one of the best lawyer but that he has no class. Mr. Jaworski left the meeting.

On a motion by Larson, seconded by Spiech, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1698

RESOLVED that the Ordinance be passed and adopted on second reading and the Municipal Clerk is authorized to advertise by title only as having been finally adopted, as required by law.

Roll call vote: Alderisio, no; DiGiulio, yes; Jandris, yes; Larson, yes; Spiech, yes; Williams, absent; Roth, yes.