Township of Mahwah Combined Work Session and Public Meeting Minutes of

November 8, 2012

TOWNSHIP OF MAHWAH

COMBINED WORK SESSION AND PUBLIC MEETING MINUTES

THURSDAY, NOVEMBER 8, 2012

The meeting was called to order at 8:00PM by Council President Spiech who read the Open Public Meetings Acts Statement as prescribed by law. Notice was advertised in The Record on January 12, 2012 stating this meeting would be held in the Council Chambers of the Richard J. Martel Municipal Center, 475 Corporate Drive, Mahwah, New Jersey on Thursday, November 8, 2012 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 once they are approved by the Township Council.

Salute to the Flag.

MOMENT OF SILENCE FOR VETERANS AND THOSE SERVING IN THE MILITARY

Moment of Silence was observed for those who served and are serving in the military both here in the United States and abroad.

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

Absent: Councilmember Williams

Also present were Mayor William C. Laforet, Business Administrator Brian Campion, Township Attorney Andrew Fede, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly and Municipal Clerk Kathrine G. Coletta.

PUBLIC PORTION

On a motion by Roth, seconded by Larson, the meeting was opened to the public at 8:02PM. All in favor. Motion carried.

Mr. Robert Hermansen of 6 Meester Street congratulated the winners in the Mahwah Election. Mr. Hermansen said there is one seat which we are unsure of the winner.

Mr. Hermansen asked the Mayor about his plan for the shortfall with the Budget.

Spiech said the 2013 Budget Outlook was discussed at a previous meeting. The

Business Administrator interjected and said the preliminary numbers show a difference

of $500,000. to $1 million over the 2% cap which the Township must be under.

Mr. Hermansen asked if there are any suggestions how to reduce the amount.

Mr. Hermansen asked the cost of the ROBO Calls. The Mayor answered the calls are at no cost. The Business Administrator said the calls fall under the Swiftreach contract. Mayor interjected and said it is his understanding the Township is not charged for the

ROBO calls. Mr. Hermansen asked if whether or not the Township is charged for ROBO calls could be checked.

Alderisio thanked the Mayor for working the many, many hours he worked during the storm.

On a motion by Alderisio, seconded by Roth, the meeting was closed to the public at 8:22PM. All in favor. Motion carried.

WORK SESSION

SUBMISSION OF BILLS AND CLAIMS

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

ENGINEERING (Boswell-McClave)

1a. OTO Development LLC (Hampton Inn and Suites); 280 Route 17, South;

Block 136, Lot 5; Recommendation for Continuance of Maintenance Guarantee (Dkt. #517)

The Township Engineer’s Associate said two items were to be addressed; all inlets must

be cleaned and the sink hole located in the parking area must be repaired. He said before

the meeting tonight he stopped at the site to check the sink hole and it was not repaired.

Recommendation is that the Maintenance Guarantee be extended. Resolution

shall be voted on in the Public Meeting.

1b. Cleymore LLC (Marriott Fairfield Inn and Suites); 221 Ramapo Valley Road; Block 132, Lots 2 and 3; Request for Release of Performance Guarantees

(Dkt. #405)

The Township Engineer’s Associate reported all outstanding site work items have been addressed. He said the Applicant shall be required to post the 2 Year Maintenance Guarantee in the amount of $97,050. Resolution shall be voted on in the Public Meeting.

1c. Written Progress Report – November 2012

MA-1280 Winter’s Pond Dredging: it is expected that the dredging will be completed by November 15, 2012.

MA-1318 West Airmount Road Drainage Improvements: the design is completed. The Application will be sent to the NJDEP shortly. The Township Engineer’s Associate said full closure of Airmount Road will be necessary for at least 2 months. He has spoken with Administration and they, the Township Engineer’s Office, is recommending the work be done during the summer. Construction is anticipated to start on June 1. Full closure of Airmount Road is expected to be once school is out. All work is anticipated to be finished by the end of August. The Township Engineer’s Associate said one obstacle is there are a lot of below grade utilities in the area where the work will be done. He said if everything goes as planned, the work should be completed in 2 months. He added if a

conflict arises with the utility companies that could delay the work. The Township Engineer’s Associate said they will be meeting with the Police, Fire and Ambulance Corps. to ensure everyone is on board with the detours.

2012 Road Program: Completed. Only Punch List items remain.

Spiech said coming north on Route 17 the exit to Route 202 -- there were power lines that burned a large trench in the roadway. The Township Engineer’s Associate said he shall contact the NJDOT. The Business Administrator said representatives from NJDOT will be in Mahwah next Friday and that item will be addressed.

DiGiulio asked on Young World Day School are there any problems with the traffic. The Township Engineer’s Associate answered he was not aware of any problems.

TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie)

2a. Written Status Report – November 2012

None.

LEGAL

3a. Proposed Right-of-Way Use Agreement; Sunesys LLC

3b. Revised Proposed Right-of-Way Use Agreement; Cross River Fiber, LLC

The Township Attorney said there are two proposed Agreements; one for Sunesys LLC and one for Cross River Fiber LLC. He said he included the items requested by the Council at prior meetings.

Roth questioned if Item 17 of the Agreement should be deleted. The Township Attorney said a paragraph will be added to the Agreement that Item #17 will be deleted.

Roth questioned on the Agreement, Letter E refers to “As Built Drawings”. He pointed out that As Built Drawings as provided after the fact. The Township Attorney said a sentence could be added that says: “Document including a Route Map will be provided”.

Roth questioned that not having heard from both of the companies should the Resolutions be adopted. The Township Attorney said legally the Resolutions could be adopted.

Alderisio suggested that the companies be required to hire a Police Officer to handle traffic. The Township Attorney said same is included in the Agreements.

Individual Resolutions shall be voted on in the Public Meeting.

ADMINISTRATION

4a. Authorization to Award MTB-12-22: Township Fire and Police Departments Vehicles Repair and Maintenance Services

The Business Administrator said 5 Bid Packages were picked up and one bid was

received. Recommendation is to award the bid to Mahwah Sales and Services.

Roth suggested ways be sought to attract additional bidders.

Resolution shall be voted on in the Public Meeting.

4b. 2012 Budget Transfers

Resolution shall be voted on in the Public Meeting.

4c. Contract; Law Enforcement Agency Information Agreement; Lexis Nexis Claims Solutions Inc.

The Business Administrator said this item is to enter into a contract with LexisNexis for their e-Crash Program. The program is at no cost to the Township. The company provides the software for the Police Officers to complete Accident Reports only in the police vehicles. The money is made by the company when the individual goes online to purchase the report.

Roth questioned if the Report will contain any personal information on the individuals involved. The Business Administrator answered no.

Resolution shall be voted on in the Public Meeting.

4d. Auction of Property; Mahwah Road; Block 89, Lots 57.01 and 57.02

The Business Administrator said the original date of the Auction was October 30, 2012. He said a recommendation is being made for another date to be selected for the Auction. The date is to be determined.

The Township Attorney said there is a minimum bid required and the Council has the option to reject all bids.

Resolution shall be voted on in the Public Meeting.

TOWNSHIP COUNCIL and MUNICIPAL CLERK

5a. Person-to-Person and Place-to-Place Transfers of Liquor License; Mr. Carl Carfello to The Grille LLC

The Township Attorney said all paperwork on the transfers is in order. Individual Resolutions shall be voted on in the Public Meeting.

5b. 2013 Meeting Dates; Discussion

Spiech asked Council present the date for the Reorganization Meeting. Council concurred January 3, 2012 at 8:00PM. Resolution with Meeting Dates for 2013 shall be voted on in the Public Meeting.

5c. Firefighter Application; Ryan W. Magner to Fire Company #1

Resolution shall be voted on in the Public Meeting.

5d. Raffle Application; HSO Mahwah Lenape Meadows (On Premise, 50/50)

Raffle Application was tentatively approved. Final approval shall be voted on in the Public Meeting.

5e. Venusti Auto Body

The Township Attorney asked the Council if they wish to hold a Hearing on this matter at the next Council Meeting. The consensus of the Council was to hold the Hearing on December 6, 2012 at 8:00PM. Municipal Clerk shall request the Police Officers involved to be present at the Council Meeting.

PUBLIC MEETING

APPROVAL OF BILLS AND CLAIMS

On a motion by Roth, seconded by Jandris, the Bills and Claims, previously signed, totaling $9,706,251.88, were approved. A List of Bills and Claims is on file in the Municipal Clerk’s Office. Roll call vote: Alderisio, yes; DiGiulio, absent; Jandris, yes; Larson, yes; Roth, yes; Williams, absent; Spiech, yes.

APPROVAL OF MEETING MINUTES

On a motion by Roth, seconded by Larson, the Combined Work Session and Public Meeting Minutes of September 6, 2012, Combined Work Session and Public Meeting Minutes of October 4, 2012, Closed Session Meeting Minutes of September 6, 2012 and

Closed Session Meeting Minutes of October 4, 2012 were approved. Roll call vote: Alderisio, yes; DiGiulio, absent; Jandris, yes; Larson, yes; Roth, yes; Williams, absent; Spiech, abstained on Combined Work Session and Public Meeting of October 4, 2012 and Closed Session of October 4, 2012 and yes to remaining.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK

TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES

Jandris attended to Pre-Storm Meeting with the Emergency Services.

Jandris was at the fire yesterday at Society Hill.

Alderisio attended the Pizza Party and Movie last week at the Senior Center.

DiGiulio attended the Marine Moms Fundraiser at Mahwah Bar and Grill.

DiGiulio thanked everyone who worked so hard during the storm.

Larson congratulated the winner in the recent election.

Larson thanked the Emergency Services and DPW for doing a good job during the recent storm. He said receiving the Nextel texts during the storm were helpful.

Larson suggested the Township’s web site be updated more during a storm.

Roth attended the Mahwah Marine Moms Fundraiser at Mahwah Bar and Grill.

Roth reminded everyone of the Veterans Day Ceremony on November 11, 2012 at 11:00AM at Veterans Park.

DiGiulio suggested the Mayor write a letter to be put on the cable channel thanking everyone who worked so hard during the storm. Mayor answered a letter will be written to all from the Mayor and Council. Spiech suggested an advertisement be put in the newspaper.

Spiech attended 2 Meetings – a Pre-Meeting on the Storm and a Meeting before the Storm. He will also be attending the Post-Storm Meeting. He said during the Pre-Meeting a discussion was held on how the Police Department could put messages on the bottom of the cable channel screen to alert residents of important information. Roth said he could assist with this.

Spiech thanked all of the people who came out to vote. He also congratulated the winners.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR

Mayor said the Nextel and Swiftreach Systems provided technology for residents during the storm. He said sandbags were donated by the State Police. On Sunday, 5 loads of sand were dropped off by DeMarino Construction at no cost to the community. Using the Nextel System, within 45 minutes there were lines of residents needing the sandbags. Fortunately, the water event we anticipated did not occur. Ramapo College opened its doors as a warming center. The Police Department was used as a Charging Station. A Pizza Party and Movie were held at the Senior Center.

Mayor said Trunk or Treat was held and it was one of the largest community events. He said over 3,000 people attended.

Mayor congratulated the Councilmembers who won in the election.

Mayor updated Council that as of tonight approximately 60 homes in the Township are without power.

The Business Administrator reported the 2012 League of Municipalities Convention is cancelled for this year.

Spiech said CERT did a tremendous amount of work during the storm.

PUBLIC PORTION

On a motion by Roth, seconded by DiGiulio, the meeting was opened to the public at 9:45PM. All in favor. Motion carried.

Mr. Steve Sbarra of 92 Deerfield Terrace said he owns a business in Wyckoff and was shut down for a week because their was no power to the shopping center his business is in. He said it was very difficult getting information from Wyckoff. He said there was no comparison to the way Mahwah communicated with the residents and the way Wyckoff did.

Mr. Sbarra said on Sunday he volunteered at the Police Department where sandwiches and soup were handed out. He said there were so many volunteers some were turned away.

Mr. Robert Hermansen of 6 Meester Street said he received an update on the Provisional Ballots. He said Provisional Ballots will be delivered to the Board on Wednesday of next week. At that point, the Board will make the decision of when the ballots will be opened. When the ballots are opened the candidates involved may be present for the opening. He said an advertisement will be in the newspaper as to the date of the opening.

On a motion by Roth, seconded by Larson, the meeting was closed to the public at 9:47PM. All in favor. Motion carried.

CONSENT AGENDA

Resolutions #279-12 through 285-12, #287-12, #290-12 and the Raffle Application for the HSO Mahwah Lenape Meadows (On Premise, 50/50) were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.