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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, NOVEMBER 3, 2005

The meeting was called to order at 8:03PM by Council President Kelly who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 29, 2005 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, November 3, 2005 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, Calandrillo, Kelly, Paton and Roth
Absent: Councilmembers DiGiulio and Richter

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry P. Bottinelli, Township Attorney’s Associate Nilufer DeScherer, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerard Spiesbach, Township Utility Engineer’s Associate Dan St. Germain and Municipal Clerk Kathrine G. Coletta

PUBLIC PORTION
On a motion by Calandrillo, seconded by Roth, the meeting was opened to the public at 8:04PM. All in favor. Motion carried.

Mr. Pete DeKramer of 24 Devine Drive spoke about the flooding from the Masonicus Brook.
Mr. DeKramer referred to a letter he distributed to the Council. Mr. DeKramer urged the Council to dredge the brook. Mr. DeKramer pointed out a log is caught in the Railroad Avenue Bridge which is catching all kinds of debris. He suggested the log be removed.

Mr. Lou Guarneri of 128 MacLeish Court referred to the letter in the Villidom Times on cellular antennas on municipal property. Mr. Guaraneri questioned when the ordinance was effective. The Business Administrator answered the year 2000.

Mr. Guarneri also commented that he feels the left turn from Wyckoff Avenue into the deli property will cause more of a traffic problem.

Mr. Allan Kidd of 111 Miller Road referred to the Ethics Ordinance which was deleted. He feels the Council should consult the Township Attorney on an Ethics Committee.

On a motion by Roth, seconded by Paton, the meeting was closed to the public at 8:13PM. All in favor. Motion carried.

SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on the Bills and Claims was asked to contact Administration prior to the Public Meeting on November 10, 2005.


Work Session Meeting Minutes
November 3, 2005
Page 2



ENGINEERING (Boswell-McClave)
1a. Wyckoff Avenue and Forest Road Intersection Improvements; Project Update
Last week the curbs were installed along Pulis Avenue. Preparation for the culvert continues.
The project is still on schedule – looking to open Pulis Avenue in mid-December.

Miscellaneous
Kelly asked the Township Engineer to respond to the resident’s concern about the left turn into
the deli property when traveling south on Wyckoff Avenue. The Township Engineer’s
Associate explained the resident’s concern was that cars will have a queue to make the left turn
and the traffic will back up on Wyckoff Avenue. The issue in the past has been asked why there
cannot be an entrance or cutoff closer to or at the intersection. This has been reviewed by the
County. The County’s position is they will not permit an entrance at the intersection as it does
not meet their requirements or standards. The initial thought was to prohibit the left turn
into the deli. Based upon review by the County, a left turn will be permitted however, if it
becomes an issue later the left turn will be prohibited.

1b. Stormwater Control Ordinance; Authorization to Prepare Resolution Adopting Ordinance
The Township Engineer’s Associate explained this Ordinance is required by the NJDEP.

The Township Engineer’s Associate went on to further inform Council a Non-Structural
Stormwater Strategy Ordinance will need to be adopted as well by April of 2006. The Township
Engineer’s Associate shall coordinate this with the Township Attorney.

Paton asked if there are any budgetary items which will be associated with the Ordinance. The
Township Engineer’s Associate answered no money needs to be appropriated at this time.

Alderisio asked who is the Enforcing Authority. The Township Engineer’s Associate answered
when the Applicant comes before the Planning Board, the Township Engineer will ensure the
items are met.

Ordinance shall be introduced at the November 10, 2005 Public Meeting.

1c. Hindu Samaj; West Ramapo Avenue and Ramapo Valley Road; Block 132, Lot 1; Authorization to Execute Developer’s Agreement (Dkt. #397)
The Township Engineer’s Associate recommends the Developer’s Agreement be signed.
Resolution shall be prepared for the November 10, 2005 Public Meeting.

1d. Written Status Report
Willowbank Court Stream Cleaning: the job should be completed within one week.

Corporate Drive/Route 17 Intersection: Problem Statement was submitted to the NJDOT on
October 27, 2005; awaiting response.


Work Session Meeting Minutes
November 3, 2005
Page 3



Resurfacing of MacArthur Boulevard: Project started last Friday. Milling and paving
were completed within 8 to 12 hours.

Curb and Sidewalk Program: the curb work has been completed as well as the sidewalk at the
Betsy Ross School.

2005 Road Improvement Program: The roads in the program will be milled on Tuesday and
paved later in the week. Kelly requested Council be provided with a memo on the roads which
will be paved. Township Engineer’s Associate shall provide.

Easements – Malcolm Road: Roth questioned where the Township stands with the easements.
The Township Attorney interjected a formal offer was sent to the Property Owner. The Property
Owner has until next week to respond. The Township Engineer’s Associate said once the
easement is in place, quotes will be solicited to start the work.

Paton questioned MA-10: Township Drainage Complaints and the comments in the Status
Report that two reports will be provided to the Township by October 28, 2005. The Township
Engineer’s Associate answered there will be two proposals for the job. The County will fund the
project and the Township is responsible for funding the design. The Proposals are in the process
of being finalized. Expected to be placed on December 1, 2005 Work Session Agenda.

Kelly spoke on MA-10: Township Drainage Complaints – asking the Township Engineer’s
Associate to add the Flooding on Alexandra Court and Devine Drive to the Status Report and
keep Council updated. Kelly suggested that Mr. DeKramer and perhaps other residents in the
area meet with the Township Engineer to go over the situation and provide the residents with
answers. Councilmembers Kelly, Alderisio and Paton shall also be part of this team.

Roth suggested Mr. DeKramer’s letter be given to the Township Engineer.

Calandrillo asked the Township Engineer about the possibility of asking the County to install a
traffic light or do a study at the corner of Island Road and West Ramapo Avenue. The Township
Engineer responded to request the traffic light, it would be necessary for the Council to
adopt a resolution. The Township Engineer did feel confident the area meets the criteria for a
traffic light. The Township Engineer and Township Attorney shall work together and get back to
Council.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Thunderhead Main Replacement; Status
Mr. Spiesbach informed Council he met with Montana. A quotation was provided which was
within the estimate. A recommendation was made to replace the water main. Administration
concurred. An Emergency Declaration was executed and work began on Tuesday.



Work Session Meeting Minutes
November 3, 2005
Page 4



A minor problem occurred at 57 Thunderhead Place where the service connection was hit.
Within 20 minutes the connection was reestablished by redoing the copper piping.

Resolution shall be prepared for November 10, 2005 to amend the Professional Services
Agreement with Malcolm Pirnie to include construction phase services at an amount not to
exceed $10,000.

2b. 20 Inch Water Main; Status
The Township Attorney reported notification that payment was made has been received.

Paton asked if Mahwah Medical has been notified about the work. The Business Administrator
answered yes.

Valve Exercises Program – US Pipe is ready to coordinate with the Township Water
Department. This shall be completed every 6 months for two years.

Roth questioned if now Montana has been paid for the outstanding items by the Bonding
Company. The Township Utility Engineer answered yes, this brings everything paid current.
Roth expressed concern that the next bill will come from Montana and the Bonding Company
will be “dragging their feet” to pay.

Kelly questioned with the Valve Exercise Program will the cold weather help or hinder the
process. The Township Utility Engineer answered the cold weather is probably a hindrance.
However, the work is anticipated to be completed before the cold weather hits.

2c. Proposal; Test Well 18A
Resolution shall be prepared for the November 10, 2005 Public Meeting.

2d. Written Progress Report
Well Facilities Plan: The Township Utility Engineer reported specifications shall be advertised in mid to late December.

Paton questioned the Briarwood Project. The Township Utility Engineer shall check into and get back to Paton.

Roth questioned where the Township Attorney stands on the US Pipe’s Warranty. The Township Attorney answered he shall get back to Council.

LEGAL
3a. Proposed Fair Share Plan and Housing Element
Document was distributed to Council for review. Planning Board will be discussing at their November 14th Meeting. Item shall be placed on the December 1, 2005 Work Session Meeting for further discussion.

Work Session Meeting Minutes
November 3, 2005
Page 5



3b. Drainage Easement; 155 Airmount Avenue; Report
Item shall be discussed further in Closed Session.

3c. 25 E. Ramapo Avenue; Update
The Township Attorney expects to award the lease effective January 1, 2006.

Roth questioned the issue of the reimbursement of the appliances. He further questioned what prevents the tenant from taking the appliances. The Business Administrator answered the tenant has already vacant the premises.

Kelly questioned if the heat is still on. The Business Administrator answered the Department of Public Works is monitoring the heat as well as the heat at the house on Airmont Avenue.

ADMINISTRATION
4a. Amendment; Solid Waste Collection Agreement
The Business Administrator explained this is an adjustment to the current contract adding one
additional container at Walsh Hall. Resolution shall be prepared for the November 10, 2005
Public Meeting.

4b. Interlocal Agreement; County-Wide Telecommunications Audit
The Business Administrator explained participation is at no cost to the Township.
Administration recommends participation in the Program.

Calandrillo recalls participating in a program similar to this once before. She questioned the
amount of money recovered. The Business Administrator answered he did not know.

Paton asked if the Library will be participating. The Business Administrator responded he
shall contact the Library as well.

4c. Professional Services Agreement; Township Attorney
Resolution shall be prepared for the November 10, 2005 Public Meeting.

4d. Budget Transfers Request; Discussion
The Business Administrator reported no transfers are to be made at this time.

4e. Request To Lease Space for Wireless Communications Site; BCI Communications
The Business Administrator referred to a letter received from BCI Communications. This
item was previously discussed at a prior meeting where Cingular Wireless made inquiries
regarding citing a cell tower at 475 Corporate Drive. Cingular Wireless is also pursuing an
application through the Zoning Board of Adjustment to locate a cellular tower on the Apple
Ridge Country Club property. At a previous meeting, a letter was received from BCI
Communications in which they referred to four sites which they were interested in using for
cellular tower antenna locations. The Township responded back that none of the sites were

Work Session Meeting Minutes
November 3, 2005
Page 6



available. Presently, BCI is asking to lease the Fire Company #3 site for a cell tower location.
The Business Administrator explained the Township Ordinance provides that cell towers on
municipal owned property, if they meet the conditions, are permitted conditional uses. A lease
from the Township is also required. This is the request before the Council.

Kelly pointed out some questions were asked on the Fire Company #3 site. In particular,
questions were asked on the size of the parcel and the proximity to residential homes. Kelly
asked the Business Administrator for this information. The Business Administrator
answered the Council has been provided with the Tax Map of the two locations. Kelly also
added there is wetlands on the Fire Company #3 site.

Alderisio questioned if the request for the Fire Company #3 site is in addition to or in place
of the Apple Ridge site. The Business Administrator was unsure. The Business Administrator
went on further to say it is the procedure of the Zoning Board of Adjustment for the Applicant
to show they have exhausted other municipal sites.

Roth asked if Administration has a point of view. The Business Administrator answered in the
past when inquiries have been made about the Masonicus Firehouse property, the Township
was not inclined to lease the property because of the concern for the residents.

Alderisio asked the Business Administrator to inquire with the Applicant if this is one proposal
or two.

Calandrillo requested a few minutes for the gentleman in the audience to speak on this issue as
he has something to say about it. Alderisio seconded. All in favor.

Mr. Joseph Rollands of BCI Communications answered his Company has a lease at the Apple
Ridge location. His Company is prepared to go forward with a pole at that site. In September,
his Company was before the Township Board and were asked about alternate sites. The
Firehouse property was one of the sites. The Firehouse site was discussed a year ago and they
were told it was not available.

Alderisio asked Mr. Rollands to clarify where he went. Mr. Rollands answered the Zoning Board
of Adjustment. Alderisio asked what his company was told by the Zoning Board of Adjustment.
Mr. Rollands answered his Company was asked what municipal sites they looked at. Mr.
Rollands went on further to say several properties were looked at and rejected for various
reasons.

Mr. Rollands showed the Council a plan which was photocopied and distributed to the
Council.

Mr. Allan Kidd approached the microphone stating he was a member of the public and wished to
speak.

Work Session Meeting Minutes
November 3, 2005
Page 7



Kelly explained the meeting was not open to the public. The meeting was opened just for the one
individual to speak.

Mr. Kidd disputed whether the public portion is the public portion and can the Council pick and
choose who will speak.

The Township Attorney answered the motion by the Councilmember was to ask the particular
gentleman if he had information concerning the letter written on October 24, 2005 by BCI
Communications. The Township Attorney went on to further say the meeting was not opened to
the member of the public but rather for the gentleman to speak.

Mr. Kidd disagreed stating he understood the meeting as opened to the public.

The Township Attorney clarified the meeting was opened to the public to ask the gentleman in
the audience questions on the October 24, 2005 letter, the basis of the letter and any questions
from the Council.

Mr. Kidd again stated he understood the meeting was opened to the public.

The Township Attorney again clarified Councilmember Calandrillo moved to open the meeting
for the purpose of addressing the gentleman about the information in the letter from his
Company dated October 24, 2005 since he was present.

Mr. Kidd asked whether he would be given the opportunity to speak. Kelly asked Council.
Council concurred the meeting was opened only to hear what the gentleman had to say.

On a motion by Calandrillo, seconded by Alderisio, the meeting was closed as 9:31PM. All in
favor. Motion carried.

4f. Requests for Utilization of County of Bergen Cooperative Pricing Contracts
1. #05-124: Gasolines
2. #05-125: Diesel Fuel
Resolution shall be prepared for the November 10, 2005 Public Meeting.

TOWNSHIP COUNCIL and MUNICIPAL CLERK
5a. Firefighter Application; Victor T. Bartoloma to Fire Company #4
Resolution shall be prepared for the November 10, 2005 Public Meeting.

5b. Person-to-Person Transfer of Liquor License; Ferrari’s Inc. to 1400 Associates LLC
Item removed from Agenda.

5c. Fuel Cost Cap Relief; Resolution from League
Resolution shall be prepared for the November 10, 2005 Public Meeting.

Work Session Meeting Agenda
November 3, 2005
Page 8



5d. Raffle Application; Ramapo College of New Jersey (On Premise, 50/50)
Application was tentatively approved. Final approval shall be voted on at the November 10, 2005 Public Meeting.

5e. Bus Stop Ordinance; Discussion
Ordinance shall be introduced at the November 10, 2005 Public Meeting.

Paton asked for a bus shelter to be placed in the area of Industrial Avenue. Kelly responded the area will be looked at.

CLOSED SESSION
On a motion by Roth, seconded by Paton, Council went into closed session at 9:47PM for the express purposes of discussing Blue Collar Collective Bargaining Unit – Mediator’s Report and the Monthly Litigation Report. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Alderisio, Council returned to open session at 10:29PM. All in favor. Motion carried.

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

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk



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