TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, MAY 3, 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, May 3, 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 Alderisio, DaPuzzo, DiGiulio, Hermansen, Kidd, Larson and Roth.
Also present were Mayor Richard J. Martel at 10:00PM, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerard Spiesbach, Township Utility Engineer’s Associate Ryan Lemlie and Municipal Clerk Kathrine G. Coletta.
PUBLIC PORTION
On a motion by DaPuzzo, seconded by Larson, the meeting was opened to the public at 8:02PM. All in favor. Motion carried.
Mr. John Kelly of 238 Miller Road and Commander of VFW Post #7124 advised Council of the activities the VFW will be sponsoring during May. He said the sale of poppies has begun. On May 21, 2007 at the Mahwah High School Auditorium an Informational Meeting will be held for all veterans and their spouses. The meeting shall start at 7:30PM. At the meeting VA benefits and changes shall be discussed. On May 28, 2007, the Memorial Day Parade shall held at 10:00AM.
Mr. Bruce Whitaker explained his concerns and issues with the Township‘s Code. In particular he discussed the GI-80 Zone and referred to a meeting he attended before the Zoning Board of Adjustment last evening. He pointed out there are a number of uses which as not included in the Township’s Code, one of them being Adult Day Care Center. He suggested the Township Code be reviewed to include such uses. He said he is aware of businesses that have gone to other municipalities because permitted uses were not part of the Township Code and it is too costly to apply for a variance.
Mr. James DeLito of Valley Hospital spoke about the Fitness and Wellness Center they are looking to have in the Township.
Mr. Ken DeFerrari supported Commander Kelly’s comments.
Mr. DeFerrari questioned the water situation in the Township as he experienced water in his basement during the recent rain. DaPuzzo answered the report is scheduled to be completed by May 12, 2007.
Mr. Steve Tstorous of 600 Wyckoff Avenue complained about residents at 599 Wyckoff Avenue and the activities which are taking place on the property on the weekends. The Business Administrator shall refer the complaint to the Building Department.
Mrs. Leslie Mamin of the Valley Hospital Management Company urged the Council to make the changes in to GI-80 zone to allow their proposed use – a Wellness and Fitness Center.
Mr. Anthony DeMotso of Ivy Realty, supports the Valley Hospital and the changes to the GI-80 Zone. He asked for Council’s help to enlarge the GI-80 Zone.
Mr. Tom Wilkinson of East Crescent Avenue feels it is unfair for the residents of East Crescent Avenue to not be able to use Shuart Road.
Mr. John Yager of Catherine Avenue spoke on Ordinance #1577. He feels that the problem is his area is one day a week and from Memorial Day to Labor Day. He feels the Ordinance will be an inconvenience to the residents and he asked the Council to reconsider.
Mr. Jerry Piserchia of 123 Catherine Avenue feels by not being able to make the left turn into Catherine Avenue this will add time to his commute and thereby an inconvenience to him and other residents.
Mr. Grant Hall of 20 State Street feels that no allowing a left turn into Catherine Avenue is not the answer. He feels this should be looked into further.
Mr. Frost of East Crescent Avenue feels on Ordinance #1577 the residents of Nilsen Avenue are not being considered.
Mr. Fritz Franke of Brook Street suggested the Ordinance to amended to no left turns on Thursdays and Fridays.
Mr. Lou Rizzo of 12 Rae Avenue feels the Valley Hospital’s idea of a Wellness and Fitness Center is fantastic. He feels there are many empty buildings within the Township that could be occupied.
DiGiulio recused herself as she has a conflict on the next item. Roth took over chairing the meeting.
Mr. John Anzelmo spoke about 98 Ramapo Valley Road and his opposition to the demolition of the building. Mr. Anzelmo asked the Council to put off the voting on this matter for 30 days. The Township Attorney interjected stating several times Mr. Anzelmo has promised to take care of the property and has not.
Mrs. Peg Thorton of 16 Bergen Place pointed out in her area the problem is not so much the traffic but rather the speeding.
Mr. Bill Edgar of State Street complained about the no left turn onto Catherine Avenue. He also complained about the speeding on North Ramapo Avenue. He feels there are other solutions besides the Ordinance as proposed.
Mr. Albert Kidd of 851 Darlington Avenue feels on the Ordinance where monies are being reappropriated, the monies should be put back into the Township Budget to lower taxes.
On a motion by Alderisio, seconded by DaPuzzo, the meeting was closed to the public at 9:33PM. All in favor. Motion carried.
DiGiulio returned at 9:33PM and took over chairing the meeting.
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.
ENGINEERING (Boswell-McClave)
1a. Township’s Soil Movement Ordinance; Review of Recommended Revisions
The Township Engineer’s Associate gave a brief overview of the Ordinance. The
Township Attorney shall prepare a draft Ordinance for Council’s consideration.
Ordinance shall be submitted to the Planning Board for their review and approval.
DiGiulio recused herself at 10:13PM. Roth took over chairing the meeting.
1b. Request for Authorization to Award Bid #07-11: 98 Ramapo Valley Road Building Demolition
Resolution shall be voted on in the Public Meeting.
DiGiulio returned at 10:15PM and took over chairing the meeting.
1c. Written Status Report
MA-885: Airmont Avenue Drainage Improvements (in vicinity of 168 Airmont Avenue)
The Township Engineer’s Associate reported he met with the County. The County
anticipates installing measures to eleviate the flooding by the end of the summer.
MA-886: Campgaw Road Drainage Improvements (in vicinity of 586 Campgaw Road) –
Alternative measures were reviewed with the County. The County will be conferring
with their Road Department.
MA-980: Masonicus Brook Stream Cleaning – Permit scheduled to be submitted by May
12, 2007.
MA-989: 2007 Road Improvement Program – Work expected to start the last week in
June.
DaPuzzo asked the status of the report on the Cragmere Drainage Study. The Township
Engineer’s Associate reported the report is being worked on. They are in the process of
coordinating information with the railroad.
DaPuzzo asked on the Franklin Turnpike and Miller Road Intersection Improvements has
the County agreed to the splitting of the property on both sides. The Township
Engineer’s Associate answered the County has not made a determination as they want to
see the Revised Plan.
DiGiulio asked the status of Young World Day School. The Township Engineer’s
Associate answered the Attorney for Young World has forward the Easement Agreement
to the Property Owner for execution.
DiGiulio questioned the speed limit signs being installed in the area of Young World Day
School. The Township Engineer’s Associate answered the County is reviewing if the
speed limit can be revised. The Township Engineer’s Associate shall follow up with
the County.
UTILITY ENGINEER (Malcolm Pirnie)
2a. Booster Pump Correspondence – NJDEP; Discussion
The Township Utility Engineer referred to the letter dated April 16, 2007 from the NJDEP authorizing the Township to proceed with the booster station. The Township Utility Engineer explained the next step shall be the preparation of the proposal on the design of the booster station.
2b. Written Progress Report
Stage 5 Sanitary Sewer Project: The Township Utility Engineer reported the Design Package is ready and is scheduled to be advertised on Monday or Tuesday of next week. The Treatment Works Approval has passed the Consistency Review. The Water Main Extension Permit is pending. It has passed Administrative review and is now going through the Technical review.
DiGiulio questioned with the Sheraton Property being developed and the Ramapo College expansion how will this effect the Township’s water allocation. The Township Utility Engineer answered when any development comes into town, they are asked to certifiy water is available.
Well 18A: The revised Testing Program and cost estimates is being prepared.
Kidd read in the newspaper recently where Ramsey is buying or installing an arsenic treatment facility because there is arsenic in their wells. Kidd asked what the Township water looks like as far as arsenic in the water and will the Township need a similar system in the future. The Business Administrator said there are two wells in the Fardale section of Town which are not very large producers. In discussions with the DEP, the Township is looking to close those two wells and use Well 18A. The two wells are in a deep bedrock area which are prone to arsenic. The Township Utility Engineer shall provide Councilman Kidd with the Wells Facilities Report.
Kidd referred to an email he sent to the Business Administrator on a resident who had a water main break at or around his home. The Township Engineer’s Associate answered they were involved in this matter as several residents were experiencing water in their basements. The Township Engineer’s Associate stated he was uncomfortable discussing this matter in open session and offered to discuss it further with Council in closed session. The Business Administrator added in the area of Harvin Place there was a water main leak. The Water Department could not locate the leak. A professional company was brought in to do sound listenings to find the leak. The leak was found and repaired.
ADMINISTRATION
3a. Reclassification of Historic Preservation Commission Member; Alternate I Member to Class B Member
Resolution shall be voted on in the Public Meeting.
3b. Eagle Scout – Daniel Courtney
Mayor shall read Proclamation in the Public Meeting. Resolution shall be voted on in the Public Meeting.
3c. Police Headquarters Renovation Project; Change Orders #18 and #19
Resolution shall be voted on in the Public Meeting.
3d. Girl Scout Gold Awards; Julianne Durante and Rebecca Ploszaj
Mayor shall read Proclamations in the Public Meeting.
TOWNSHIP COUNCIL AND MUNICIPAL CLERK
4a. Library Board Issues; Discussion (Kidd)
Carried to Combined Work Session and Public Meeting of May 17, 2007.
4b. Planning Board Recommendation; Zoning Ordinance – Truck Stops
DaPuzzo advised Council that Planning Board Member Sherer brought up to the Planning Board that in the Township there is not a zone where truck stops are legally permitted. The Planning Board along with the Planner reviewed the Route 17 area and is recommending an area which they felt would be relivant for truck stops. Tonight before the Council is the recommendation from the Planning Board.
DiGiulio questioned the trucks going out onto Route 17. She questioned if the DOT is in agreement with this.
Alderisio point out the line of site is not stated. DaPuzzo answered there are certain site distances required which are not set by Ordinance but rather controlled by the DOT. The Township Attorney suggested there be a site distance reference in the Ordinance.
The Township Attorney read the definition of a truck stop. The Township Attorney suggested making the definition clearer.
Roth questioned the reason the recommendation only addresses one side of Route 17 and not the other.
DaPuzzo shall bring the recommended changes back to the Planning Board.
4c. Raffle Application; Mahwah Schools Foundation
Application tentatively approved. Final approval shall be voted on in the Public Meeting.
PUBLIC SESSION
APPROVAL OF BILLS AND CLAIMS
On a motion by DaPuzzo, seconded by Hermansen, the Bills and Claims, previously signed, totaling $7,912,723.01, were approved. Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DiGiulio, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.
APPROVAL OF MEETING MINUTES
On a motion by DaPuzzo, seconded by Hermansen, the Combined Work Session and Public Meeting Minutes of April 12, 2007 were approved. Roll call vote: Alderisio, yes; DaPuzzo, abstain; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DiGiulio, yes.
On a motion by Hermansen, seconded by Roth, the Combined Work Session and Public Meeting Minutes of April 19, 2007 and the Closed Session Meeting Minutes of April 12, 2007 were approved. Roll call vote: Alderisio, abstain; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, abstain; Roth, yes; DiGiulio, yes.
REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES