Township of Mahwah Combined Work Session and
Public Meeting Minutes of October 22, 2009
TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, OCTOBER 22, 2009
The meeting was called to order at 8:00PM 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, October 22, 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, DiGiulio at 8:16PM, Hermansen, Kidd and Roth.
Absent: Councilmember Larson
Also present were Mayor Richard J. Martel, 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 Vishal Shah and Municipal Clerk Kathrine G. Coletta.
ANNUAL AUDIT PRESENTATION
Mr. Lou Mai, Township Auditor, and Mr. Ken Sesholtz, Township Chief Financial Officer, were present.
Mr. Mai said recently he provided the 2008 Audit Report to the Township. He said no comments or recommendations were made. He added the Township is in a sound financial position.
Kidd referred to Page 42 of the Audit Report under the section entitled Accrued and Sick Vacation Time. He questioned if there are any books or records of how much compensatory time has been accrued. Mr. Mai answered this item documents the sick and vacation time which has been accrued in total does not provide specifics.
Roth thanked Mr. Mai for his responses to the questions he asked.
Roth questioned in what shape is the Sewer Department. The Chief Financial Officer said they are waiting for Phase V to be completed to determine the amount of dollars the Township will be responsible for. He explained about the fund balance at the end of the year and the amount applied in the subsequent year. He continued to explain how the rate structure is generated.
Roth said he is trying to get an understanding as to where we are in terms of peaks and valleys with the sewers. He said we are trying to project what will be needed over the next five years. Mr. Mai said generally you start with a rate structure and generate surplus then use it and sometimes you wind up with larger increases.
Roth has concerns about stabilizing the healthcare costs. He asked if there was a guide of how much should be allocated into the stabilization funds. Mr. Mai suggested if we anticipate going up 5% we should allocate a higher number so more money could be set aside. He said this will help stabilize the out of pocket cost expenses at the end of the year. Mr. Mai said since we are a self insured provider our budget is controlled by the state’s appropriation for Health benefits for people under state healthcare. Last year the state managed to keep their health insurance increase down to 4%. This year the state’s health benefit increase is as much as 18% for all Townships.
The Business Administrator said being we are self insured we will review our claim experience. He added we are not part of the State’s Health Benefit Plan and when they say we are going up 18% in 2010 that would be an exception to the 4% cap levy. The Business Administrator said we will have a better idea at the end of the year what is left in the fund.
ADMINISTRATION
4a. Certificate of Determination and Award
The Chief Financial Officer explained notes were issued from the Water Utility Fund
for Water Utility Capital items. He said the notes sold for one year at an interest rate of 1.5%. He said we did very well as a result of our credit rating being good and good timing.
DaPuzzo asked if we should look at a long term rate due to the cost of funding. The Chief Financial Officer said it would be determined by how much more bonding we would have to do on water projects.
PUBLIC PORTION
On a motion by Roth, seconded by Alderisio, the meeting was opened to the public at 8:18PM. All in favor. Motion carried.
Mrs. Mary Cella of 283 Vista View Drive asked if there was any update on her request for the installation of a bus shelter on Franklin Turnpike in the vicinity of Veterans Park. DaPuzzo said the Township Engineer was directed to look at a few sites. The Township Engineer’s Associate said they looked at the areas that had been discussed. One being Fox Lane which he said would be a good place for a bus shelter. He added the Township’s current Zoning Ordinance indicates this is a place for a bus stop and a bus shelter. The Township Engineer’s Associate said they were also asked to look at a bus stop in the vicinity of Stephens Lane. He said it appears that the stop is not in the correct location according to the Zoning Ordinance but he feels this would be a good location for a bus shelter. The Township Engineer’s Associate suggested the Council pass a resolution to request New Jersey Transit to put a bus shelter at both of the locations and also at Miller Road.
Mr. Arthur Lowe of 31 Erskine Court said at last week’s Special Meeting Mr. Burgess made a presentation on the Highlands. He questioned that whichever way the Council goes how would Well 18A be effected. DaPuzzo said the well is in the Preservation Area.
On a motion by Alderisio, seconded by Roth, the meeting was closed to the public at 8:24PM. 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 Engineering)
1a. Hasco LLC; Edison Road and Mollie Court; Block 173, Lot 122; Request to Release Maintenance Guarantee (Dkt. #469)
Resolution shall be voted on in the Public Meeting.
1b. Mahwah/Greenway LLC; Greene Street; Block 173, Lot 93; Request for Release of Performance Guarantee (Dkt. #467)
The Business Administrator requested this item be carried to the Combined Work Session
and Public Meeting of November 12, 2009.
1c. 2009 Road Improvement Program; Change Order #2
Roth questioned the reason for the installation of the extra curbing. The Township
Engineer’s Associate answered many residents complained about the condition of the
curb on Thunderhead Place.
Resolution shall be voted on in the Public Meeting.
1d. Ridge Road Widening; Authorization for Mayor and Municipal Clerk to Execute Discretionary Aid Application and Agreement
Resolution shall be voted on in the Public Meeting.
1e. Streetscape Ordinance; Review of Draft Ordinance - Discussion
Kidd questioned the reason the area of the police station was not streetscaped when the
sidewalks were redone. The Business Administrator said it was anticipated the County
would be doing work in the area. The Township Engineer’s Associate interjected that the
County does not reimburse for any streetscape expenses.
Kidd feels the streetscape may be imposing a financial burden on businesses.
Township Attorney shall draft Ordinance for Council’s consideration.
1f. Verbal Status Report
The Township Engineer reported the Township submitted an application for
Local Aid to resurface Miller Road. Notification has been received that the Township
will receive $200,000.
Kidd questioned a letter received from the Police Department on a reflection area. He
said this area appears to be by the entrance/exit of the Police Station. The Mayor
explained the area is on the grass area close to King Street. Kidd asked if this
is the best place or would it be better near the Library. Mayor Martel stated there are not
too many flat areas on the property. He said the area is flat before the slope begins.
TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie)
2a. Proposal; 2010 SCADA Upgrade and Maintenance
Roth questioned the 100 hours of upgrading programming support. The Township Utility
Engineer said this is an allocation used for program changes, etc. and is not used unless it
is needed. Roth was unclear with the answer received. The Township Utility Engineer
shall provide Roth with the specifics.
Roth asked Administration if the amount indicated is being charged against the Capital
Budget or the Operating Budget. The Business Administrator said Operating.
2b. Proposal; Blueberry Court Sanitary Sewer Replacement
The Township Utility Engineer’s Associate said this is a proposal for engineering design
services for the sewer replacement.
The Township Utility Engineer’s Associate summarized the proposal. He said it includes
engineering design services for the replacement of 780 feet of sanitary sewer that
involves a significant number of challenges. This is the last segment which is the most
critical link of sewer before connecting to the Northwest Bergen trunk line. It receives all
the flow from the property south of Deerfield Terrace.
The Township Utility Engineer’s Associate said during the process they discovered two
things. One was an unconventional connection of the 8 inch line into the 24 inch
Northwest Bergen trunk line. They also found structural defects in the sewer running
through the easement that causes an occasional backup.
The Township Utility Engineer’s Associate said this Company has considered several
options to fix this problem and have determined that replacement of a sewer with open
cut excavation is the best one. There will be numerous challenges to be faced with this
project. The first challenge will be the Ho-Ho-Kus Brook and the second one will be the
wetlands. The majority of the sewer easement is in the wetlands and the area is covered
with trees. They will have to conduct a wetland elimination to determine a disturbance
area and present this to the New Jersey Department of Environmental Protection to
overcome this challenge.
The Township Utility Engineer’s Associate stated to keep the properties in service it will
require bypass pumping. He mentioned when the initial sewer was constructed by the
developer twenty five years ago. He added to prevent any additional sags from
happening in the future they will be replacing the existing fill with lightweight fill. He
said they are dealing with a small segment but everything they are dealing with is a
substantial critical effort.
The Township Utility Engineer stated they have looked at every alternative they could
think of the problem in this area. There are not many economical solutions to solve
the problem other than what they have come up with.
Alderisio questioned if the 8 inch poly line is the part that sags and if it will be replaced
with the 8 inch line. The Township Utility Engineer said they are looking at changing the
piping material but feel the 8 inch line is more than adequate but this will have to be
discussed with the NJDEP.
Roth asked where the lots on Campgaw Road are serviced. The Township Utility
Engineer answered when Bogert Pond was developed Lots 51 and 52 on the Tax Map
had been serviced as part of the development. However, Lots 53, 54 and 50.01 were part
of Phase V Feasibility Study and it was found not to be cost effective to sewer the area
and was not included in the Stage V Sewer Project. The Business Administrator
explained all of the Victoria Lane subdivision is sewered. The flow line is picking up all
of the Victoria neighborhood, the Bogert neighborhood, the Mohawk neighborhood from
Phase IV as well as the new flow from Phase V on Campgaw Road.
Roth asked for permitting purposes can geotechnical work be done. The Township
Utility Engineer’s Associate said for open cut excavation work with light fill it is not
needed.
The Business Administrator commented that Lot 50.14, he believes, is not developed and
the Township has title to it which will give an easier easement in this area. The
Business Administrator added they did have to put funding in place so they are not
awarding the contract this evening.
2c. Verbal Progress Report
The Township Utility Engineer reported:
1. the Notice to Proceed has not yet been issued to the contractor for the Nilsen Booster Station project.
2. a few minor items are pending on the closeout change order for the Phase 5 Sewer Project.
3. on Phase 5 Sewer Project about $2 million of authorized funds will be cancelled.
LEGAL
3a. Model Civil Rights Resolution
Roth questioned if the Township qualifies for the incentives. The Business Administrator
answered yes.
Resolution shall be voted on in the Public Meeting.
ADMINISTRATION
4a. Certificate of Determination and Award #2009-3 (For Information Only)
Item was discussed earlier in the meeting.
4b. Appointment of Secretary; Phase 5 Sewer Project
Resolution shall be voted on in the Public Meeting.
4c. New York-New Jersey Trail Conference; Parking Lot Request
Mr. Edward Goodell, Executive Director of the New York/New Jersey Trail Conference, Andy Norin, Legal Counsel for the organization and Tibor Latincsics, Engineer for the organization.
Mr. Goodell said they have a request related to the Darlington School House Project which they are attempting to restore and open to the public. He said they are asking permission to install a footpath from the Darlington School House property to Continental Soldiers Field for the purpose of non-exclusive overflow parking for specified events that are coordinated with the Recreation Department in advance.