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TOWNSHIP OF MAHWAH
SPECIAL WORK SESSION MEETING MINUTES
WEDNESDAY, MAY 18, 2005

The meeting was called to order at 8:05PM by Council President Richter who read the Open Public Meeting Act Statement as prescribed by law. Notice was advertised in The Record on May 2, 2005 stating this meeting would be held on Wednesday, May 18, 2005 at 8:00PM at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey.

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; DiGiulio; Kelly; Paton; Roth and Richter
Absent: Councilmember Calandrillo

Also present were the Business Administrator Brian Campion, Township Attorney’s Associate Nilufer O. DeScherer, Township Utility Engineer Justin Mahon, Township Utility Engineer’s Associate Vishal Shah, and Deputy Municipal Clerk Mary C. Ross

INTRODUCTORY STATEMENT
The Business Administrator gave a brief overview of information and the assessment process for the Phase 5 Sanitary Sewer System that was being proposed for adoption this evening. The Business Administrator invited the public to view the maps available for review with regard to the Phase 5 Sanitary Sewer System.

The Business Administrator stated there will be a letter sent, if all goes through, that will state the homeowner must hook up to the Sewer System within one year. It is mandatory to hook up to the sewer system once the sewer is operational and the line is in front of the home. The Business Administrator stated while the payment of the assessment is mandatory, the Township Ordinance does have certain waivers, and provision that the Township Council can waive that requirement for hook-up to senior citizens, and residents that have pumps.

Richter called for a break at 8:20PM to allow the public to review the maps and spreadsheets provided for their perusal.

ORDINANCE-PUBLIC HEARING
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR STAGE 5 OF THE SANITARY SEWER SYSTEM IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $5,000,000.00 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,000,000.00 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF AND PROVIDING FOR

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May 18, 2005
Page 2

A SPECIAL ASSESSMENT OF THE COST THEREOF ON THE PROPERTIES BENEFITTED BY SUCH IMPROVEMENT.

ORDINANCE – RESOLUTION NO. 1507

On a motion by Kelly, seconded by Alderisio, the meeting was opened to the public at 8:30PM. All in favor. Motion carried.

AREA ONE
Mr. Stewart Berson of 120 Youngs Road stated the survey was flawed because it did not provide the cost of the assessment – it only asked if the home owners wanted the sewers. Mr. Berson stated this project will cause a lot of problems with the ripping up of streets (such as Wyckoff Avenue and Forest Road) landscaping, walkways, and the need to fill in the existing septic tanks, and hook-up fees, coupled with the assessment fee will be very difficult for certain residents to financially handle.

Richter clarified the Wyckoff Avenue – Forest Road project is to widen roads, not for sewers.

Mr. Berson stated the approximate assessment fees received by residents are low, and many residents are more apt to incur a greater cost for the Phase 5 Sanitary Sewer System then they are expecting. Mr. Berson is not in favor of the Phase 5 Sanitary Sewer System.

Mr. Joseph Szwerc of 15 Chapel Road asked if the sewer charges would be reflected in his Tax Bill. The Business Administrator said no – it would be a separate bill, much like a Water Bill. Mr. Szwerc wanted to know if water lines would be going in as well. The Business Administrator said that has not been determined as of yet; it would depend on the timing of the project.

Mr. Dennis Kievit of 586 Campgaw Road stated the Phase 5 Sanitary Sewer System is a good cause; however, the Township needed to hire better people to pave the roads. Mr. Kievit stated there is about 16” of macadam on Campgaw Road that is causing his property level to drop and trucks to bounce on the road.

Mr. Bill Conover of 134 Deerfield Terrace asked why there was a pressure system being installed on the east and west side of the street. Township Utility Engineer’s Associate stated it was due to the slope of the brook. Mr. Conover asked why a Gravity Pump Station was not considered by the creek at the cul-de-sac. Township Utility Engineer’s Associate stated it was considered, but it would be an economically bad idea.


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May 18, 2005
Page 3

Mr. Conover asked if he would have to pay for the grinder pump. The Township Utility Engineer’s Associate said the Township would provide the grinder pump.

Mr. Conover cautioned Council to monitor the contractors as the quality of the compaction on the streets has been poor in the past.

Mr. Ruben Kornfield of 81 Youngs Road stated he was very much for the Phase 5 Sanitary Sewer System Project, as was his neighbor. Mr. Kornfield stated the Phase 5 Sanitary Sewer System will allow him to make improvements to his home that otherwise would not have happened. Kelly stated he was undecided on the list, and if he was officially changing his answer to yes. Mr. Kornfield said his answer is now a yes.

Mr. Mark Martinelli of 119 Deerfield Terrace said it has taken too long for the Phase 5 Sanitary Sewer System to be decided on.

Mr. Martinelli made mention of Mr. Bill Conover (of 134 Deerfield Terrace) and his comments about why there was a pressure system being installed on the east and west side of the street, and why a Gravity Pump Station was not considered by the creek at the cul-de-sac. The Township Utility Engineer said he would get back to Council on this at a later date if they requested him to do so. The Township Utility Engineer also advised there must be property available to place a pump station.

Mr. Jim Van Heemst of 108 Youngs Road asked if water lines would be hooked up at the same time as the Phase 5 Sanitary Sewer System Project. The Business Administrator said the water lines are under separate review and nothing has been finalized yet.

Mr. Van Heemst asked how the Township determined their share of the cost of the Phase 5 Sanitary Sewer System Project being 50%. The Business Administrator said, ever since the other phases of this project, it has been the Township’s policy to pay 50%. Mr. Van Heemst asked what the assessment was based on. The Business Administrator said it was based on the cost of construction, and the increase of value to the property.

Kelly asked Mr. Van Heemst what his response would be since it was listed as a “no response”. Mr. Van Heemst would like to keep it as a “no response”.

Mr. Joe Puro of 392 Campgaw Road asked how the grinder pumps would be funded. The Business Administrator said the Township will purchase the grinder pumps and make them available to the residents who require them.

Mr. Puro asked about Federal Funding for the project. The Business Administrator said there is no Federal Funding available for the Phase 5 Sanitary Sewer System Project, only low interest loans.

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May 18, 2005
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Kelly asked Mr. Puro what his response would be since it was listed as a “no response”. Mr. Puro would like to change it to a yes.

Mrs. Carol Bergemann of 19 Chapel Road asked if the letter she sent in after the last meeting reflecting a change from her original “yes”, to a “no”. Richter said it was not, but it is now noted as a “no”.

Ms. Marilyn De Torres of 7 Chapel Road asked why the Township Utility Engineer decided on a pressure system vs. a gravity system. The Township Utility Engineer’s Associate stated it was because there was only a trunk line available in the area and they would need to connect to Youngs Road, up hill.

Ms. De Torres asked if their previous answer of “no response” was now noted as a “yes”. Richter noted this change.

Mr. Joe Kelleher of 4 Chapel Road asked if he would still be assessed since there is a dry sewer line already installed at his home. The Utility Engineer’s Associate said he would still have to be hooked up through the Phase 5 Sanitary Sewer System Project and asked the Township Attorney’s Associate to respond to Mr. Kelleher.

The Township Attorney’s Associate stated the assessment is based on the property’s value before and after connection of the sewer line – the ability to “flush your toilet into a sewer system.” The Township Attorney’s Associate stated that even though there is a dry sewer line already installed, Mr. Kelleher would not necessarily receive a huge credit.

Kelly asked Mr. Kelleher if he was still a “no”. Mr. Kelleher said yes, he is still a “no”.

The Township Utility Engineer stated an answer for Council with regard to Mr. Bill Conover (of 134 Deerfield Terrace) and his comments about why there was a pressure system being installed on the east and west side of the street, and why a Gravity Pump Station was not considered by the creek at the cul-de-sac. According to the Township Utility Engineer the cost of one large pumping station would be $340,000.00 vs. 68 individual pumps at a total of $204,000.00. The Township Utility Engineer stated since this area was a “wet lands” area - it posed further complications.

Richter stated according to Kelly the cost difference of a Gravity Pump Station considered by the creek at the cul-de-sac would be about $2,200.00. The Business Administrator added the fact that a site would be needed, and it probably would end up in someone’s backyard.


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May 18, 2005
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AREA TWO: ELIMINATED
The Business Administrator said Area Two was eliminated; however, he wanted to provide an opportunity for those in Area Two to speak.

The Business Administrator stated that Area Two was in the Nilsen Avenue Section. The Business Administrator said recent “no’s” were submitted by Lots 11, 14, and 23.01.

Mr. Arthur Schempp of 33 Nilsen Avenue asked how many “no’s” and “yes’s” there were in Area Two. The Business Administrator said there were 8 “no’s” and 7 “yes’s” cast for the Phase 5 Sanitary Sewer System by the residents in this area. Mr. Schempp asked if there were any other Phases being considered. The Business Administrator said it is up to Council; however there are no other Phases being considered at this time.

Mr. Schempp stated by not offering him hook up to the sewer system the Township has lowered the value of his home. The Township Attorney’s Associate said Mr. Schempp’s property value will remain the same as it is currently – nothing has changed on Mr. Schempp’s property. Mr. Schempp said if he has a septic system and others have a sewer system his property will be worth less, and it does not seem very fair.

Mr. Schempp asked if there could be another count, due to 2 “undecided” lots. Mr. Schempp asked what would happen if there was a tie. The Business Administrator said it would be up to Council.

Mr. Schempp asked if there was a survey done on the bad septics in the area. Kelly said Council would look to the Board of Health for that information if there were to be a problem reported. Mr. Schempp stated he knows of two, possibly 3 problem septics in the area and asked Kelly if he should report them to the Board of Health. Kelly stated that would be Mr. Schempp’s avenue if he so desired. Kelly suggested for the Business Administrator and Mr. Schempp to compare lists to make sure the numbers were correct.

Mrs. Nancy Schempp of 33 Nilsen Avenue stated for the public that a new septic system would cost about $20-$30,000.00. If the public goes with the Township’s Phase 5 Sanitary Sewer System Project they would be able to finance it at a low interest rate over a number of years. If you needed a new septic, you would have to fend for yourself.

Mr. Wayne Hollm of 46 Nilsen Avenue said one of the lots in question (undecided) is already hooked up to a New York Sewer System. Mr. Hollm stated he was one of the “No” residents in Area Two. Mr. Hollm asked if there were any other Phases being considered. The Business Administrator said it is up to Council; however there are no other Phases being considered at this time.


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May 18, 2005
Page 6

AREA THREE
Mr. Jimmy Angelillo of 229 East Crescent Avenue asked if his street was a pressure line system with a pump for each house.

Mr. Angelillo asked, once the Township provides the pump to the homeowner, who is responsible for the pump. The Business Administrator stated once the Township provides the pump to the homeowner it becomes the homeowner’s responsibility for the upkeep and maintenance of the pump.

Mr. Angelillo asked since he is a pump system if he would not be forced to hook up and could utilize the right to a waiver. The Business Administrator answered yes.

Mr. Angelillo asked to be changed to a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Mr. Ron Douglas of 260 East Crescent Avenue stated he was a “yes” for the Township’s Phase 5 Sanitary Sewer System Project.

Ms. Joan Aisenbrey of 230 East Crescent Avenue stated she was a “yes” for the Township’s Phase 5 Sanitary Sewer System Project.

Ms. Elizabeth Krzyzanowski of 238 East Crescent Avenue stated she was a “yes” for the Township’s Phase 5 Sanitary Sewer System Project.

Mr. John R. O’Connor of 222 East Crescent Avenue asked if he would be included or excluded in the Township’s Phase 5 Sanitary Sewer System Project. The Business Administrator said no, and asked if he wanted to be included. Mr. O’Connor asked if he would be tied into the existing Masonicus line would he still be assessed at approximately $12,000. The Business Administrator stated there appears to be an existing manhole and easement across the neighbor’s property to service Mr. O’Connor, and at this time he would not get the assessment for the Township’s Phase 5 Sanitary Sewer System Project because he is not included in the project.

The Business Administrator asked the Township Utility Engineer to look into this matter further. Richter asked Mr. O’Connor to give his name and address to the Deputy Municipal Clerk.

Mr. Stan Krawczyk of 225 East Crescent Avenue stated he lives directly across the street from Mr. O’Connor and had the same issues with regard to the Township’s Phase 5 Sanitary Sewer System Project because he is not included in the project at this time. The Township Utility Engineer stated he would look into this further. Richter asked Mr. Krawczyk to give his name and address to the Deputy Municipal Clerk.
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May 18, 2005
Page 7

Mr. Robert Block of 25 Bartholf Lane asked if he was living in Florida, would he still have to pay. The Business Administrator said yes, and it is billed quarterly. Mr. Block wanted to go on the record as being a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Mr. Kevin Harris of 72 Fardale Avenue wanted to go on the record as being a “yes” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Ms. Mary Van Dine of 28 Bartholf Lane asked how long she had to hook up after the sewer line was installed. The Business Administrator said one year. Ms. Van Dine wanted to go on the record as being a “yes” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Mr. George Wagner of 26 Bartholf Lane asked to please coordinate the water lines with the Township’s Phase 5 Sanitary Sewer System Project. Mr. Wagner wanted to go on the record as being a “yes” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

AREAS FIVE AND SIX
Mr. Harvey Angerson of 30 Jahn Court stated many of his neighbors wanted to change their vote. Richter said to have them put it in writing, and send it to Council.

AREA SEVEN
Mr. Mitch Miles of 629 Campgaw Road stated he was a “yes”, but wants to change to a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Ms. Janine Davis of 619 Campgaw Road requested to be listed as a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Mr. Jeff Strysko of 630 Campgaw Road requested to be listed as a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Mr. Paul Wickenheisser of 626 Campgaw Road ask why he was eliminated and not counted as a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project. The Business Administrator said because there is an easement across the Bogert Property which would allow for hook-up. Mr. Wickenheisser asked the Business Administrator if a friend of his, Mr. Harry Werner called to change his vote.

Richter stated since the overwhelming majority of Area Seven has voted “no”, this section is out of the Township’s Phase 5 Sanitary Sewer System Project if the “no” count stays firm.

Special Meeting Minutes
May 18, 2005
Page 8

AREA EIGHT
Ms. Kim Tanis of 21 Fairmount Avenue asked about the possibility of a water hook up during the Township’s Phase 5 Sanitary Sewer System Project. The Business Administrator said the possibility of a water hook up has not been determined yet.
Ms. Tanis asked if this decision would be made prior to commencement of the Township’s Phase 5 Sanitary Sewer System Project. The Business Administrator said yes.

Ms. Tanis added the fact that she would like curbs rather then berms due to the flooding problem in her area. The Business Administrator said curbs are not part of this project.

Mr. Scott Nilssen of 31 Franklin Street asked why half of his street is being done, and the other half not. Richter stated she did not have an answer for this, and Administration would have to check into this. The Business Administrator said Mr. Nilssen was included. Mr. Nilssen said he would like to go on record as a “yes” and he wants to have the water installed during the Township’s Phase 5 Sanitary Sewer System Project as well.

Mr. John Laganella of 46 Franklin Street stated he owns lots 12 and 13 and he wanted to know if he could have two lines since these are vacant lots. The Business Administrator stated Mr. Laganella also owns lots 14, 15, 16 and 17 and he would receive a separate connection and assessment for each lot. Mr. Laganella wanted to go on record as a “yes” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

AREA NINE
Mr. Allan Moraleta of 70 Peterson Place had a question with regards to who was included and why on his road. The Business Administrator said the top half of the road is included and the bottom half is not. Richter suggested for Mr. Moraleta to ask his neighbors and have them send letters to Council if they are interested – quickly.

Mr. Richard O’Bratka of 4 Peterson Place asked what an average quarterly sewer charge would be. The Business Administrator said just under $400.00. Mr. O’Bratka asked if the three homes on Myrtle Avenue that were near to his had sewer lines he could hook up to since Peterson Avenue was so far away. The Business Administrator said no. Mr. O’Bratka wanted to go on record as a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Mr. Patrick Long at 28 Peterson Place wanted to go on record as a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project.




Special Meeting Minutes
May 18, 2005
Page 9

AREA TEN
Mrs. Mary Tsotsoros of 600 Wyckoff Avenue stated she knew she could get the waiver for the pumps and a 5 year waiver for their age; however, they have no way to make up the funds for the other added expense. Ms. Tsotsoros asked for Area Ten to be dropped from the Ordinance.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue stated there is no need for sewers, as the perk in his area is good. Mr. Tsotsoros wanted to go on record as a “no” with regards to the Township’s Phase 5 Sanitary Sewer System Project.

Mr. Basil Kayal of 599 Wyckoff Avenue stated he owned several lots and had a great need for the sewers. Mr. Kayal wanted to go on record as a “yes” with regards to the Township’s Phase 5 Sanitary Sewer System Project. The Business Administrator stated there are 4 lots on the east side of Wyckoff Avenue and three lots said yes (2, 3, & 22).

Richter asked where lots 3 and 22 would be hooking up. The Business Administrator said Wyckoff Avenue.

Mr. George Kayal of 585 Wyckoff Avenue stated lot number 1 already has sewers and therefore should not be counted as a no. Mr. Kayal has problems with his septic system, is in favor of the sewers, and would like to see a water line installed at the same time.

Mr. John Bayval of 550 Wyckoff Avenue stated he was in favor of the Township’s Phase 5 Sanitary Sewer System Project, and he currently has a failing septic system. Mr. Bayval asked if there were a tie for Council to please vote yes for the sewer system in this area.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue stated if the Township’s Phase 5 Sanitary Sewer System Project goes through he would be paying $15,000.00 for nothing, as his septic system is working fine.

Ms. Mary Tsotsoros of 600 Wyckoff Avenue asked Council to please correct the Tax and Sewer Map to reflect no “Division Place”.

On a motion by Roth, seconded by Kelly, the meeting was closed to the public at 10:15PM. All in favor. Motion carried.

Kelly stated due to the amount of questions that have been brought up, more information should be obtained from the Township Utility Engineer prior to a vote. Kelly suggested continuing this Ordinance Adoption for a few weeks until all necessary information has been gathered and produced. Alderisio concurred.


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May 18, 2005
Page 10

Paton stated there should be a definitive time period of one week with which to get all the information to Council.

The Business Administrator said the information could be provided to Council at the Work Session of June 2, 2005 for their perusal, and the continuation of this Public Hearing would be at the Public Meeting on June 9, 2005.

Paton wanted to make sure all information given to Council was complete, so a decision could be made at the Public Meeting of June 9, 2005. The Business Administrator stated the amendments could be voted on June 9, 2005; however, there would need to be another public hearing on June 23, 2005 that would have to be advertised.

The Business Administrator stated any information the Public would like to relay to Council on the Township’s Phase 5 Sanitary Sewer System Project would need to be in his office no later then May 26, 2005.

Kelly requested an updated list of the “yes” and “no’s” for the Township’s Phase 5 Sanitary Sewer System Project by the June 2, 2005 Work Session Meeting. The Business Administrator stated he was unsure of what he would be able to compile for Council at this time for the meeting of June 2, 2005.

On a motion by Roth, seconded by Kelly, the meeting was adjourned at 10:30PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr





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