TOWNSHIP OF MAHWAH

COMBINED WORK SESSION AND PUBLIC MEETING MINUTES

THURSDAY, JUNE 5, 2014

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 November 14, 2013 and The Ridgewood News on November 15, 2013 stating this meeting would be held in the Richard J. Martel Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, June 5, 2014 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 have been 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 serving and those who have served in the military both in the United States and abroad.

Present: Councilmembers DiGiulio at 8:07PM, Hermansen, Larson, Sbarra, Roth and Williams.

Absent: Councilmember Jandris

Also present were Mayor William C. Laforet, Business Administrator Brian Campion, Township Attorney Brian Chewcaskie, Township Engineer’s Associate Michael Kelly and Municipal Clerk Kathrine G. Coviello.

PUBLIC PORTION

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

Mr. Mark McCart, Labor Representative for the White and Blue Collar Unions, spoke on behalf of the employees who have been meeting with Administration since December 2012. He said in meetings with Administration it has been brought up about an Analysis on the Township Prescription Program. The Analysis is at no cost. At this point, no movement has been made. He also said he brought up about having the Township’s Medical Plan audited, which would also be at no cost to the town. He received no reaction. He is asking the Council to break the impasse.

Mr. Rich Wolff of 6 Stonewall Court said an Item on the Agenda is a Grant for a Bike Path. He said as a member of the Environmental Commission, the Commission has done a lot of prep work in trying to make that one of their goals as it was in the Master Plan as one of the items that the public favored. He added there is an opportunity to receive funds that are available on a one time basis. He said the Grant Application Deadline is the end of June.

On a motion by Larson, seconded by Sbarra, the meeting was closed to the public at 8:14PM. All in favor. Motion carried.

Roth said contract negotiations will not be discussed at the meeting tonight. They are being handled by Administration. Administration shall update Council on the negotiations and they do so in Closed Session.

WORK SESSION

SUBMISSION OF BILLS AND CLAIMS

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

ENGINEERING (Boswell-McClave)

1a. Mahwah NL Cedar Developer, LLC – Major Subdivision; 28 Masonicus Road; Block 126, Lots 129 and 130; Request for Authorization to Execute Developer’s Agreement

The Township Engineer’s Associate explained this item is a carryover from the last

meeting. It is a request to execute the Developer’s Agreement. Resolution shall be voted

on in the Public Meeting.

1b. Transportation Alternatives Program (TAP) – Grant Application for Bike Path/River Walk from Route 17 to Mary Patrick Property; Discussion

The Township Engineer’s Associate explained there is an opportunity for grants to be

received for bike paths or transportation alternatives. He further explained the Township

fronts the money and then gets reimbursed by the NJDOT. There are seven categories

which the Township Engineer’s Associate went through.

The Township Engineer’s Associate mentioned one suggested project is a pedestrian and

bike path being continued from the Mary Patrick Property. One issue would be the area

of Route 17.

Another project could be a bike path from the George Washington School to Campgaw

Road. The cost of the project would be about $600,000.

The Business Administrator said when this was discussed with the Township Engineer’s

Associate and the Engineers’ in his office it was estimated that we would be receiving

approximately $200,000. if the project was a $600,000 project.

DiGiulio said the train station is in need of repair. The Business Administrator said

New Jersey Transit was in the Township this week and they are planning on making the

repairs.

Roth said at this point, there is not a plan and therefore the item will be tabled.

The Township Engineer’s Associate said he shall make a telephone call to the NJDOT

about the repairs to the train station.

The Township Engineer’s Associate asked the Council if there is a project they are

leaning towards.

Item will be discussed further at the next Council Meeting. In particular Bike Path at

Crossroads Property will be discussed.

1c. Acceptance of Water Utility Easement; Block 78, Lot 17

The Township Engineer’s Associate explained this item is to make a connection to the

2001 Water Main Project. Resolution shall be voted on in the Public Meeting.

1d. Written Status Report

MA-1136 Revisions to FEMA Flood Map: The Township Engineer’s Associate said he

is discouraged by the interaction with FEMA. He said he is now being told the maps will

be ready mid-summer. He would like Council’s endorsement to send a letter to FEMA

that we have a serious problem. The Township Engineer’s Associate shall prepare letter

for signature by the Mayor.

MA-1320 Campgaw Road and Seminary Drive Intersection: The County has approved

the speed limit change and the signs are up.

MA-1373 Ramapo and Mahwah Rivers Stream Cleaning and Flood Control: Waiting

for final notification from the NJDOT.

Ma-1448 2014 Road, Curb and Sidewalk Program: Bids scheduled to be received on

June 11th. Bid expected to be awarded on June 19th.

Hermansen asked on MA-1373 Ramapo and Mahwah Rivers Stream Cleaning and Flood

Control do we know if any other towns along the river have gotten a grant? The

Township Engineer’s Associate answered Oakland. Hermansen asked if we could

coordinate with Oakland. The Business Administrator answered that we are doing and

what Oakland is doing are different. Mayor interjected and said Suffern and Hillburn

are also doing Stream Clean Ups.

Hermansen asked the Township Engineer’s Associate to speak about on MA-1448 2014

Road, Curb and Sidewalk Program. The Township Engineer’s Associate said he met

with a resident on Banta Court which is along Maple Avenue and West Ramapo Avenue

about sidewalks along West Ramapo Avenue in the area of Maple Avenue to the Ramapo

Reformed Church. The Township Engineer’s Associate shall provide Administration

with the findings of the meeting with the resident, the cost and the benefits.

ADMINISTRATION

2a. Municipal Pool; Mayoral Ad Hoc Committee; Discussion

This item is a continuation of the discussion from the last meeting and was discussed

during the Budget process. Funding has been put in place for a consultant to help with

the process.

Roth said we are at the point of forming an AdHoc Committee and what the mission of

Committee will be. Administration is recommending that the Ad-Hoc Committee consist

of 2 Councilmembers, the Mayor, the Pool Director and 3 residents.

Hermansen volunteered to be on the Committee.

DiGiulio questioned why we are having a consultant and a committee. She questioned if

the Council intends to commit the funds to do what is being recommended by the

Committee and the consultant. Mayor said we are at a point where we can make some

choices and we want to make them wisely.

2b. Mayoral Appointment; Director of the Department of Inspections – Construction Code Official

Resolution shall be voted on in the Public Meeting.

2c. Authorization to Award Bid MTB #14-10: Laboratory Testing for the Township

of Mahwah Water Department

The Business Administrator said every two year we go out to bid for water testing. Four

bids were received at the Bid Opening. The lowest bidder was Agra Environmental and

Laboratory Services. Resolution shall be voted on in the Public Meeting.

2d. Request for Authorization to Reject Bid MTB #14-09: Township of Mahwah

DPW Automotive Parts and Supplies

The Business Administrator said Administration’s recommendation is to reject all bids

and readvertise. Resolution shall be voted on in the Public Meeting.

2e. Proposal; Campgaw Water Storage Tank Maintenance Agreement

The Business Administrator said for the Meeting of June 19th a proposal for a contract for

maintenance of the Campgaw Water Tank will be scheduled. They have been working

with a company for the better part of the year. An Analysis has been done on the tank.

The tank does require maintenance to continue. There is a specific statute for a public

entity to have a long term management contract. He said the procedure for an RFP was

followed with a notice to the BPU and NJDEP. An RFP was received and reviewed by

the Review Committee. The contract with Utility Service Company Inc. has been

developed and it will be on the June 19th Agenda.

As a prerequisite to the contract, we are required to give public notice which was

published and to give the public an opportunity to comment on the proposed contract.

Later tonight, the Meeting will be opened to the public for comments. Action will not be

taken tonight. Record will remain open for 10 days. Action can be taken at the next

Meeting.

2f. Certificate of Determination and Award; For Information Only

LEGAL

3a. Towing Ordinance

The Township Attorney said the Ordinance Committee has reviewed the Towing

Ordinance. The Ordinance was also reviewed by the Police Department and Risk

Manager. The Ordinance is scheduled for introduction tonight.

Roth thanked the Ordinance Committee for their work.

Hermansen thanked the towers for their input.

Ordinance shall be introduced in the Public Meeting.

3b. Approval; Assignment of Tax Sales Certificate; 3 Pine Hill Road

Item removed from the Agenda.

3c. BCUW/Madeline Pilot; Payment in Lieu of Taxes; 92 and 98 Ramapo Valley Road (Closed Session)

3d. Acquisition of Affordable Housing Unit; 740 Pepperidge Road (Closed Session)

3e. Tax Appeal; 25 Edison Road; Block 173, Lot 121 (Closed Session)

Items 3c., 3d. and 3e. shall be discussed in Closed Session towards the end of the

Meeting.

PUBLIC MEETING

PUBLIC HEARING

Proposal; Campgaw Water Storage Tank Maintenance Agreement

The Business Administrator said the Campgaw Water Tank is a 300,000 gallon elevated tank off of Campgaw Road next to the Bergen County Police and Fire Academy. The tank is one of the older tanks and has a 300,000 gallon storage capacity which is relatively small. In 2010, the tank was examined and it does require rehabilitation. Funding has been put into place. Specifications were prepared and one proposal was received from Utility Service Company. Proposal is for one year to rehabilitate the tank and maintenance for 20 years. Specifically State Statute NJSA 58:26-24.b allows a contract with a private company to do maintenance over a period of time. The proposed Contract is on file in Administration. The schedule is attached to the contract for payment over 20 years. The initial rehabilitation costs will be spread over the first 3 years and maintenance costs for the remaining 17 years. The State Statute requires the public have the opportunity to comment before acting on the contract.

The Township Attorney said the statute was designed for all aspects of the water supply systems. What is being proposed is maintenance and asset management of the Campgaw Storage tank. This is nothing to do with the operation of the water system. The proposed Contract is on file in the Administrator’s Office. The Public Hearing is tonight for comments or questions. The public record with regard to the public hearing shall remain open for 7 days. Anyone can provide comments to the Clerk’s Office. Action shall be taken on June 19th.

The Business Administrator added the full RFP is on file in Administration. The Township has completed the construction of the transmission main in Campgaw Road.

On a motion by Hermansen, seconded by Sbarra, the meeting was opened to the public. Roll call vote: DiGiulio, yes; Hermansen, yes; Jandris, absent; Larson, yes; Sbarra, yes; Williams, yes; Roth, yes.

On a motion by Hermansen, seconded by Sbarra, the meeting was closed to the public. Roll call vote: DiGiulio, yes; Hermansen, yes; Jandris, absent; Larson, yes; Sbarra, yes; Williams, yes; Roth, yes.

The Township Attorney again stated said the public record shall remain open for 7 days for any statements. After the 7 day period, comments of the Public Hearing and statements receive will be provided in a Report from Administration along with an opinion from Bond Counsel.

The Township Attorney said this concludes the Public Hearing.

APPROVAL OF BILLS AND CLAIMS

On a motion by Larson, seconded by Hermansen, the Bills and Claims, previously signed, totaling $5,356,479.78 was approved. Roll call vote: DiGiulio, yes; Hermansen, yes; Jandris, absent; Larson, yes; Sbarra, yes; Williams, yes; Roth, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES

On a motion by Sbarra, seconded by Hermansen, the Budget Work Session Meeting Minutes of March 1, 2014 were approved. Roll call vote: DiGiulio, yes; Hermansen, yes; Jandris, absent; Larson, abstain; Sbarra, yes; Williams, yes; Roth, yes.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK

TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES

DiGiulio attended the Girl Scout Gold Award Ceremony for Alissa Puzo.

DiGiulio attended the Memorial Day Parade and the Dedication of Veterans Park. She thanked all who were involved.

The Beautification Committee is working on getting new Welcome signs and on renovating the train station.

Hermansen attended the Gold Award Ceremony for Alissa Puzo.

Hermansen attended the memorial Day Parade. He congratulated Ken DeFerrari as the Master of Ceremony.

Hermansen will be attending the DARE Graduation tomorrow night.

Hermansen asked everyone to remember Sgt. Robert Dralick and his family. Sgt. passed away suddenly.

Hermansen said tomorrow is the Relay for Life. The Mahwah High School Girls are walking to raise money.