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TOWNSHIP OF MAHWAH
COMBINED WORK SESSION
AND PUBLIC MEETING MINUTES
THURSDAY, AUGUST 25, 2005

The meeting was called to order at 8:02PM 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, August 25, 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, Kelly, Paton, Richter and Roth.
Absent: Councilmembers Calandrillo and DiGiulio.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Engineer Kevin Boswell, Township Utilty Engineer Gerry Spiesbach, Township Utility Engineer’s Associate Vishal Shah, Township Attorney Nilufer DeScherer and Deputy Municipal Clerk Mary Charest.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
None.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR
The Mayor received correspondence from the League of Municipalities asking municipalities to submit resolutions. The Mayor asked the Council if there was any topic they would like to convert into a resolution he would be happy to present it before the League of Municipalities of behalf of the Council.

The Mayor stated he appointed a Temporary Director of Recreation for a 90 day period and he will provide Council with the individual’s resume.

TOWNSHIP COUNCIL: COMMENTS, COMMUNICATIONS and REPORTS OF SUBCOMMITTEES
Paton stated he met with some residents of the Wanamaker Avenue area. He walked the property where the DPW is proposed to be moved. The residents had many questions which he asked them to reduce to writing.

Paton pointed out some time ago he read in the newspaper about a Police Officer in town who was in an accident. In the future, Paton requested the Council be informed before reading this type of news in the newspaper.

Roth questioned the Mayor about the Appointment of the Temporary Recreation Director. He would like to know what process there is or was. The Mayor answered he interviewed several applicants who had an interest in the position. When they realized the position was temporary and the salary being offered, only 2 candidates remained. He chose this one. Roth stated he was not aware of a formal interview process. He wondered if the Mayor feels that the Temporary appointment would not be the long term solution for the Township. The Mayor stated he will be meeting with the Business Administrator and the Recreation Committee to go over the Job Description and make changes because the Job Description is more stringent then they wish it to be.

Paton asked if the Recreation Director’s position is a part time appointment and does it include benefits. Paton asked for a copy of the existing Job Description. The Mayor stated the position is part time and does not include benefits. He shall provide the Council with a copy of the Job Description.

Kelly spoke about the questions raised by Paton with regard to the Raia property and questions passed along to him. Kelly has sent a copy of the questions to the Township Engineer and the Business Administrator. A meeting is set for August 30, 2005.

PUBLIC PORTION
On a motion by Alderisio, seconded by Paton, the meeting was opened to the public at 8:12PM. All in favor. Motion carried.

Mr. Joe Fagan of 23 Strong Street said be objects to the Bergen Raisers using the Township fields and ruining them.

Mr. Fagan stated he found out the position for the Recreation Director would be part time and wanted to know “what is part time”. From what he read in the paper, a full time position starts are $50,000. The Mayor answered nothing has been established yet. The maximum for a Full Time Recreation Director is $35,000. Council has not adopted anything at this time.

Mr. Albert Kidd of 851 Darlington Avenue pointed out a photograph in the Township Newsletter is incorrect. Mr. Kidd also pointed out information on the watering restrictions in the Newsletter are incorrect.

Mr. Kidd questioned the status of the Township rental property at 25 East Ramapo Avenue. Mr. Kidd is interested in bidding on the property and he knows of others who are also interested. The Township Attorney’s Associate answered a letter has gone to the tenant and bids will go out in September.

Mr. Kidd spoke about Outside Sales. Mr. Kidd pointed out refrigerators and soda machines are not permanent structures and questioned the Township Attorney’s Associate as to what she previously stated about newsstands, outside news racks and vending machines being permanent or non permanent structures. The township Attorney’s Associate answered the Township Council could look into newsstands and outside news racks and vending machines as being non permanent structures. Mr. Kidd feels business owners should be able to put non permanent items outside to sell without a fee being charged. The Township should be making things easier for our businesses as they help pay our taxes.

Mr. Kidd questioned whether the Township is taking an measures to conserve gas, etc. Kelly answered he shall look into this. The Business Administrator answered the DPW and Construction vehicles are small trucks. The Township has purchased Ford Focus Station Wagons for Construction. Four cylinder vehicles are now being purchased.

Mr. Kidd hopes the township can get some breaks on the spending as he has heard about a 25% tax increase for next year which concerns him.

Mr. Allan Kidd of 111 Miller Road said based on spending he does not see the tax increase next year being less than 25%.

Mrs. Laurie Menalla of 31 Wanamaker Avenue wanted to thank the Council for showing their concern on the relocation of the DPW to Micik Lane. She asked for an update. Kelly answered suggested Mrs. Menella attend the Meeting on August 30, 2005. Mrs. Menalla questioned how many residents are able to attend. Kelly stated three or four but not much more than that. Mrs. Menella asked if other properties have been looked at. She feels the Township needs space for other fields for the children.

Mr. Arthur Lowe of 31 Erskine Court asked if the township has adopted the Salary Ordinance. He asked what the multiplier he can add for benefits. The Business Administrator answered in the range of 20%. The Business Administrator further stated it is a fixed amount for every employee but the percentage varies with the salary. Mr. Lowe asked if the number is the same on Medical Social Security for each employee. The Mayor sued the example if an employee received $50,000. salary and the amount of e=benefits is equal to $10,000. then would it be 20%. But if an employee had a $40,000. salary then it would be a greater percentage based on the $10,000. benefit. Mr. Lowe responded that is not his question. He questioned if everyone pays the same amount for Social Security, medical, etc. there is a number to the basic salary. Mr. Lowe asked the true cost per employee. The Business Administrator explained this would be calculated differently for every employee based on their coverage.

On a motion by Alderisio, seconded by Paton, the meeting was closed to the public at 8:40PM. All in favor. Motion carried.

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 immediately following the Work Session Meeting.

TOWNSHIP ENGINEER
1a. Wyckoff Avenue and Forest Road Intersection Improvements; Project Update
The Township Engineer reported everything is on budget and on schedule.

Paton questioned whether their have been any problems with the Board of Education and school buses. The Township Engineer was unsure but he will check. The Township Engineer added the road is scheduled to be open in November.

1b. Change Order; 2004 Curb and Sidewalk Program (Bid #MTB-05-01)
Resolution shall be voted on in the Public Meeting.

1c. Award of Bid; Aboveground Storage Tank and Installation of Oil Waste Separator an Waste Oil Collection Stream at the DPW Facility on North Railroad Avenue
Resolution shall be voted on in the Public Meeting.

1d. Salt Shed; Engineer’s Estimate
The Township Engineer reported the bids which were received for the salt shed came in high. The township Engineer is in the process of looking at alternatives. He showed several photographs of different salt sheds to the Council.

Roth asked the Original Budget Amount for the salt shed. The Engineer answered $800,000. Roth questioned if the current estimate includes the suggested fill. The Township Engineer answered yes and explained in length the details of the job.

Alderisio questioned how the fabric would hold up in the snow. The Township Engineer answered the structures are designed to withstand the snow.

1e. Verbal Status Report
Young World Day School: On the Blinking Light, the DOT has agreed to approve it with a 25 MPH Zone.

Willowbank Court Stream Cleaning: The Township Engineer met with the residents. In the process of setting up with the Bergen County Mosquito Commission.

UTILITY ENGINEER
2a. 20 Inch Water Main; Status Report
The Township Utility Engineer reported Administration, the Bond Company and Montana held a meeting to discuss the Punch List Items.

On the Valves, US Pipe has shipped the parts and they should be received by Monday. The Representative will be at the site on Tuesday. Work scheduled to continue on the 3 remaining valves.

Roth questioned how long it shall take to install the valves. The Township Utility Engineer’s Associate answered 2 to 3 days. Roth questioned the warranty. The Township Utility Engineer’s Associate answered it is still being discussed. A separate update will be provided on this item.

2b. Thunderhead Pressure; Status Report
The Township Utility Engineer explained discussions have been held between the Administration, Water Department and himself. It will be necessary to shut down some of the valves therefore residents will receive notification of when this will be done. The Township Utility Engineer shall keep Council updated.

2c. Change Order; Reduction of Fardale Stand Pipe REMOVED

2d. Oral Progress Report
Swim Club Punch List: Three cleanups need to be capped off. The door to the utility panel needs to be replaced. The Township Utility Engineer asked the contractor for a work schedule. Thusfar nothing has been received. The Township Utility Engineer shall keep Council updated.

Kelly suggested paving of the parking lot be done when it will less effect the activities of the swim club.

LEGAL
3a. 85 Malcolm Road Easement; Update
The Township Attorney reported the Township will submit and offer. If the Property Owner is not receptive, condemnation complaint shall be filed.

3b. Recommendation form Planning Board on Removal of Class IV Member
Notice shall be provided to the individual. Public hearing shall be held on September 15, 2005.

3c. Approval of Right-Of-Way Agreement; Datanet
Resolution shall be voted on in the Public Meeting with the corrections discussed.

ADMINISTRATION
4a. Cancellation of taxes on 100% Disabled Veteran
Resolution shall be voted on in the Public Meeting.

4b. Award of Bids
1. MTB-05-11: Police Vehicles Purchase/Trade In
2. MTB-05-10A: Police Uniforms
Resolutions shall be voted on in the Public Meeting.

4c. Chapter 159 Resolution; Budget Amendment for Interview Room Cameras
Resolution shall be voted on in the Public Meeting.

4d. Cingular Wireless Antenna; Proposal
The Business Administrator received a letter from Cingular Wireless inquiring if the Township would be interested in leasing space on the Nilsen Avenue Tank for installation of a Cingular Wireless Communication Antenna. The Township Ordinance does allow for these types of antennas to be installed on municipal property.

Paton mentioned he has received inquiries from his neighborhood asking about the application presently before the Zoning Board of Adjustment. It appears consideration is being given to erect a wireless antenna in the area of the tennis courts at Apple Ridge. Paton suggested a process or procedure be set up to look at the entire cellular radio program in the Township to see where they are, how much money is being generated, is the Township receiving fair market value and is it time to raise the rates. The Business Administrator explained the companies coming in for these antennas are doing it because there are gaps in their coverage area.

Kelly suggested this item be discussed further at a Work Session Meeting.

4e. Interlocal Agreement; Water Analysis
Resolution shall be voted on in the Public Meeting.

4f. 2005 Professional Services Agreements
1. Municipal Engineer; Stephen T. Boswell of Boswell McClave Engineering
2. Utility Engineer; Malcolm Pirnie
3. Health Benefits Consultant Contract; McCarthy Forde Caughlan LLC
4. Risk Management Consultant Contract; McCarthy Forde Caughlan LLC
5. Auditor; Louis C. Mai CPA and Associates
6. Prosecutor; Dennis Harraka Esq.
7. Public Defender; Robert P. Zisgen Esq.
8. Public Defender; Karen A. Prelich Passaro Esq.
9. Bond Counsel; McManimon and Scotland LLC
10. Municipal Planner; Burgis and Associates Inc.
Individual Resolutions shall be voted on in the Public Meeting for the above-mentioned.

TOWNSHIP COUNCIL
5a. Firefighter Application; Steven Drejman to Fire Company #1
Resolution shall be voted on in the Public Meeting.

5b. Raffle Applications
1. Mahwah Schools Foundation (Wheels and Games)
2. Woman’s Club of Mahwah (On Premise)
Approval shall be voted on in the Public Meeting.

PUBLIC MEETING
APPROVAL OF BILLS AND CLAIMS
On a motion by Roth, seconded by Alderisio, the Bills and Claims, previously signed, totaling $800,897.95, were approved. All in favor. Motion carried. A list of Bills and Claims is on file in the Municipal Clerk’s Office.

ORDINANCE – PUBLIC HEARING
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 27 ENTITLED “FLOOD PREVENTION” OF THE TOWNSHIP OF MAHWAH TO AMEND THE FLOOD INSURANCE RATE MAP.

On a motion by Richter, seconded by Roth, the meeting was opened to the public. All in favor. Motion carried.

Ms. Ellen Stein of 68 Fisher Road questioned how to get an address on the maps corrected. The Business Administrator explained the Property Owner must contact FEMA to request a change of the flood line.

On a motion by Richter, seconded by Alderisio, the meeting was closed to the public. All in favor. Motion carried.

On a motion by Roth, seconded by Alderisio, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1523

RESOLVED that the Ordinance be passed and adopted on second reading and the Municipal is authorized to advertise by title only as having been finally adopted, as required by law.

Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, absent; Paton, yes; Richter, yes; Roth, yes; Kelly, yes.



CONSENT AGENDA
Resolutions #063-05A through #067-05A, #069-05A and #070-05A were voted on under the Consent Agenda and are attached to and made part of these Meeting Minutes.

Resolution #068-05A was removed from the Agenda.

RESOLUTIONS
Resolutions #071-05A through#073-05A and #075-05A were voted on separately and are attached to and made part of these Meeting Minutes.

CLOSED SESSION
On a motion by Richter, seconded by Alderisio, Council went into closed session at 10:27PM for the purpose of discussing the Tax Appeal; Settlement and the Airmont Diversion. All in favor. Motion carried.

On a motion by Paton, seconded by Roth, Council returned to open session at 10:51PM. All in favor. Motion carried.

RESOLUTION
#074-05A was voted on separately and is attached to and made part of these Meeting Minutes.

On a motion by Kelly, seconded by Paton, the meeting was adjourned at 10:52PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk






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