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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, MARCH 16, 2006

The meeting was called to order at 8:00PM 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, March 16, 2006 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, DiGiulio, Kelly, Paton, Richter and Roth.
Absent: Councilmember Calandrillo

Also present were Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Engineer Associate Michael Kelly, Township Utility Engineer Gerry Spiesbach, Township Utility Engineer’s Associate Justin Mahon and Deputy Municipal Clerk Janis Fox.

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

Mr. Allan Kidd of 111 Miller Road stated he was looking through some New Jersey State Laws in reference to the Public Meeting’s Act and he feels the Municipality should be more clear and broad before they go into litigation. He feels the Statute needs more information to be set forth. He would appreciate it if Council would indicate what the matters are about as the Public and Media should know and he would appreciate Council looking into it.

The Township Attorney stated that the Public Meetings Act states when there is a motion to go into Closed Session, the Attorney does say what the reason is specifically and that is what is required.

Mr. Albert Kidd of 851 Darlington Avenue questioned why the Public Session at the end of the Council Meeting was eliminated. He stated no one can make a comment and have a discussion on what took place at the meeting. Mr. Kidd as how much money the Township was indebted for. Kelly answered, $36M. Mr. Kidd asked why the Board of Health needs an additional person for inspections and why does the Board of Health inspect the College. Kelly stated he did not know but will get the answer from the Board of Health and get back to him.

Mr. Curtis Koster of 66 Malcolm Road stated he was joined with Mr. John Spiech a representative of the Mahwah Public Library to respond to a question of last week with respect to the project to complete the library. The rough estimate for this project was $1.2M. The amount of capital requested from the Township is $800,000 to be allocated from the Library. He further stated that if the

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March 16, 2006
Page 2

Library runs under budget the amount will go back to the Township and if over budget the Library will fund it.

Mr. John Spiech of 78 Island Road thanked the Attorney for the question about the Mayor and Council putting something on the ballot. He stated he needed clarification of the time limit of the General Election and does the statue apply to the Municipal Election. The Township Attorney stated that it depends. There is a Faulkner Act that applies to certain types of a referendum or initiative.

Mrs. Stephanie Derrig of 144 Miller Road stated she knows Olney Road is up for legal discussion and suggests since more people are out and walking in the spring, that the road remain closed until a further solution is made. The road is not satisfactory to drivers because of the width.

Mr. David McCarthy of 25 Babcock Road stated he is grateful for the efforts that the Township Council made for the closing of Olney Road and hopes they continue the process of closing the road. He stated he hopes it is a cost saving solution and done as soon as possible.

On a motion by Roth, seconded by Richter, the meeting was closed to the public at 8:21PM.
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 March 23, 2006.

ENGINEERING (Boswell-McClave)
1a. Wyckoff Avenue and Forest Road Intersection Improvements; Project Update
The Township Engineer’s Associate stated they provided a response to the letter from Deli owner and his request for a circular driveway. For this to go forward the Deli Owner must obtain an easement from the Property owner from the south. Once the Deli Owner obtains the easement he will need Planning Board approval.

The Deli Owner’s second request in the letter was for the permission of various uses in his Deli. The Township Engineer’s Associate stated the Deli Owner will have to go to the Zoning Board
of Adjustment or Planning Board to see if the uses are permitted uses. The Township Engineer’s Associate stated they do need a copy of the Resolution that he noted in his letter and Deli Owner will provide this to the Township Engineer.

The Township Engineer’s Associate stated they looked into the status of providing the “Do not Block Driveway” sign and the contractor is aware of this and is having his sign manufacturer make the sign and install it.

The Township Engineer’s Associate said the stone facade is continuing to be installed and next week they may begin to install landscaping. The project is still scheduled to be paved the end of April.
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Roth asked if Administration is going to respond to the letter from the Deli Owner with regard to
the proper process and procedure to follow for what he asking for. The Business Administrator stated they have drafted a letter and will direct him accordingly and explained the history of this store and revisions that should be made to the Resolution.

DiGiulio stated there were numerous accidents in the vicinity of this Deli and the stores in the Strip Mall. She feels the County should help these store owners and get an easement since it was their approved design.

Richter said cars are going into the “Do Not Enter” entrance and feels solution of getting in and out of area is not very good.

Paton stated he thought there was discussion on having a circular path around the Deli to the Strip Mall. The Township Engineer’s Associate stated this was not part of the plan. It was just to provide access from the Deli property to the Strip Center. There was a problem of providing a circular driveway all away around as there is a property owner other than the Deli owner owning property there and the County did not believe it was their area to obtain an easement.

The Business Administration stated the entrance that is there is a pre-existing access easement and goes across the neighboring property and there was never a design going around the whole property. The Deli Owner and the Strip Mall could go to the third property owner to acquire an easement to allow them to make this movement and he has encouraged them to do this.

Kelly said he feels the Township has made a “good faith” effort to try an assist the Store Owners.
and stated the 3rd property owner was reluctant to give this easement.

Richter stated she does not see a lot of traffic in this area.

DiGiulio feels the business should have been a part of the plan in the beginning.

Roth stated the owners were involved and Administration worked with them and they had been satisfied with the project and feels there are limits what a Township can do to reach out and help.

1b. Rio Vista Estates Subdivision; Phases 6A, 6B and 6C; Great Hall Road and Henion Garden; Block 21, Portion of Lot 20 (Phase 6A); Block 21, Portions of Lots 18 and 20 (Phase 6B) and Block 23, Portions of Lots 1 and 2 (Phase 6C); Authorization for Township to Pursue the Revocation of Performance Guarantee for Violation of Developer’s Agreement (Docket #131 – Phases 6A, 6B and 6C)
The Township Engineer’s Associate stated they have a report from February 15, 2006, with issues that the developer must address; some immediately. There is erosion and drainage problems in the Henion Garden area and they brought this to the Developer’s attention. The Developer needs to address this and provide the Engineer with a schedule. They have not received any response from the Developer. They are now declaring the Developer in default of the Developer’s Agreement. Boswell Engineering is now requesting Council to pass a Resolution authorizing the Township to pursue action against the Performance Guarantee so the Work Session Meeting Minutes
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situation can be corrected.

Paton asked who the Developer was. The Township Engineer’s Associate stated Darlington Associates. Paton asked if they have other work in the area. The Township Engineer’s Associate stated just punch list items.

1c. Rio Vista Estates Subdivision – Phase 12; Patrick Brems Court and Heller Court; Block 21.07, Lot 1; Block 21.09, Lots 1 through 6 and Block 21.05, Lots 28, 29, 30, 32 and 33; Request for Reduction/Release of Performance Guarantees (Docket #131, Phase 12)
The Township Engineer’s Associate stated Phase12 has been reviewed with Council in the past. The Township Engineer sent a letter that had recommended the release of one guarantee and the reduction of others and were asked to review this with the Rio Vista Home Owners Association. Rio Vista Homeowner Association reviewed this at their March 1st meeting and asked them to provide a letter stating they would take no exception to the items noted in the report. The Rio Vista Homeowners’ Association came back with a letter on March 9th stating they are not comfortable or qualified to make these decisions. The Township Engineer’s Associate stated he does not have a problem with this. The Township Engineer’s Associate stated they will always send a letter if a bond is going to be released, so that the homeowners affected by work being done will be kept in the loop so they are protected.

DiGiulio stated when there is work done in any Association or for a homeowner that Council needs a letter from the Homeowners Association saying they are satisfied with the work done on their property before the Township releases the money.

On the Request for Reduction/Release of Performance Guarantees: Carried to the next Work Session Meeting.

1d. Verbal Status Report
Masonicus Brook: The Township Engineer’s Associate met with the Department of Public Works Director. They walked the Masonicus Brook and reviewed areas where they can remove all the debris and overhanging branches from the channel area which will be addressed in the spring and the removal will not require a permit.

TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie)
2a. Presentation; Regulatory Drivers Affecting Water System
The Township Utility Engineer provided Council with a presentation on Regulatory Drivers Affecting Mahwah’s Water Systems. The presentation was explained by the Township Utility Engineer. He spoke about Corrosion control and the Geographical Information System and the assurance of Regulatory Compliance through a proactive program and good information management. He stated it is important to understand the requirements so it can be planned and budgeted. The Township Utility Engineer stated that NJDEP now requires a GIS Format System Map for Water System Improvement Applications.

The Township Utility Engineer stated that the Water systems must renew a Diversion Permit
every ten years and Mahwah’s application for renewal is due late 2006. This permit will detail
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March 16, 2006
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the amount of water available from Mahwah’s wells.

The Township Utility Engineer stated in October the Township will have to satisfy the latest
sampling protocol plan for disinfection and they will have to evaluate information about the water distribution system to determine where the disinfection byproducts would be at their highest.

The Township Utility Engineer discussed Arsenic Maximum Contaminant in some wells. They did an evaluation and feel alternative sources would be more cost effective to remove Arsenic in the wells. There will be a fairly significant $440,000 budgetary item in the Capital for alternative improvements.

The Township Utility Engineer stated every water system in Mahwah is a well managed water system and they want to assure regulatory compliance through a proactive program. There are a lot of benefits associated with keeping good information management. That is why the GIS is so important and understanding what the requirements are is very important as they can be planned and budgeted accordingly.

The Township Utility Engineer stated the costs to complete the various projects have been
anticipated in the discussion of their budgets both on and Operating and a Capital standpoint.
Money has been put aside in the Capital Budget to take the next step to upgrade the GIS System to incorporate the water system maps.

Roth asked on the Corrosion Control the sample universe does the 60 households stay the same or change from year to year. The Township Utility Engineer stated he thinks it remains the same.
What has to be demonstrated is to find the highest risk and one of the things the DEP would like to do is to ask what criteria we use for high risk.

Roth asked if we are on target with the GIS June delivery date for Water System Maps. The Township Utility Engineer stated yes, they are on target as they have had a couple of meetings with an existing GIS consultant working with the Township.

The Business Administrator said it is doable but he felt it would be more into the summer months than the month of June.

Roth is the GIS due date mandated. The Business Administrator said it is a critical part and they are looking for new water line extension permit which is a requirement that the DEP is putting on them. It is what they are using in order to get compliance and information generated, before they will approve the new water line extensions. They will not grant further permits if they need them if they do not have this information first.

Roth asked about the $440,000 for the Arsenic improvements and is it for Capital Expense and if there is a purchase of water involved when you hook into United Water, does that happen as part of the alternative. The Township Utility Engineer stated yes.

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Paton stated on the chart it says the Mahwah’s Water Map has not migrated to the GIS System. Paton asked how good is our water map as nothing was in place in Thunderhead. Paton asked
how good our level of confidence is that the water map is appropriate and efficient.
Township Utility Engineer stated they will take the existing information gathered from the Water
Department and Historical information they have and that the information is as good as the information that is available from the Water Department. The Township Utility Engineer said it will be paper and the advantage of having this in the system is if there is a different size section of line the correction can be made in the GIS System.

Paton asked if the resources that the College uses in the Township is pushing us over our limits of drawing water from the well. Paton asked if we have asked the College to contribute. The Township Utility Engineer’s Associate stated they are seeking information from the College projections of the next 20 years. Paton said they have imminent building plans in place for the next year.

Paton is concerned the College is starting to tax the Township Tax Payers and we should provide a higher level of authority such as the State. The Township Utility Engineer stated the impact of the College’s plans for expansion are extremely important to the Township and there should be a discussion with the College that this is a water resource issue.

Paton stated the Crossroads is a large piece of property with a water main going through it. He stated that some project will be brought before the Township to develop this property and is this factored in Malcolm Pirnie’s study. They do have the information of the Crossroads which was provided by the Township planner last fall. The Business Administrator stated the development and water demands are the same concept that was before Council approximately one year ago.

Paton stated he heard the Post Office and some banks are being redeveloped also, and will that be taxing Water System. The Business Administrator there has been no proposal to develop the private properties in this area and there is no high rise zoning in this area so the water demands would not be changing.

Paton stated there was some confusion in the Stag Hill area that Hillburn is developing condominiums on top of the Mountain and will they continue that development into Stag Hill. If they do would the Township have to supply the water. The Business Administrator stated he has heard nothing about this but the New Jersey side of the State Line is in the Highlands Preservation Zone so that it cannot be done. Paton sated there was tree clearing in this area and would someone be able to check this out. The Business Administrator said they will send someone to the area as it would be contrary to the DEP Regulations and the Highlands Preservation area.

Alderisio asked when a well is removed from service does the Township lose the Allocation for this well. The Township Utility Engineer stated it the total capacity of what the wells are as it relates to the Allocation.

DiGiulio asked how the usage of water is determined in the empty buildings and do they
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March 16, 2006
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approximate usage or are they eliminated from usage. DiGiulio asked how the state looks at the usage. The Township Utility Engineer’s Associate said the State looks at projections as an
estimate because they know that it changes year to year. How they make the projections on commercial property is they look at the last five years of historic data and employment in town combined with both commercial and residential.

DiGiulio asked how the College’s allocation is looked at. The Township Utility Engineer’s Associate stated they look at full time students and residential students versus non-residential and they can back check against the meter records of the College.

DiGiulio asked about the allocation of County facilities. The Township Utility Engineer’s Associate stated the water usage is not high enough as the facilities are seasonal so they are lumped with commercial usage.

Richter asked if the 60 samples is in addition to the original 30. The Township Utility Engineer stated it is 60 total on a bi-annual basis.

Kelly reiterated about what Paton said about allocation and stated when looking at the projections at the College would enter into the figuring and the projects such as Crossroads and Post Office these are going before the Planning Board and since Paton is part of review process so he has information that Council is not aware of.

2b. Oral Progress Report
Well Redevelopment Project: Malcolm Pirnie had a meeting today with the Contractor and Administration and work will be initiated on March 27, 2007. The Target end date is Memorial Day.

Well 18A Project: No comments were received and Malcolm Pirnie verified this and they are expecting a Publication of the exemption of determination. The deadline for the DEP having to make a determination on the Wetlands Permit is midnight March 23, 2006. This project is to drill wells and check out the capacity and in late July they will be required by the DEP to do the pumping test. As of this date, they are on target for mid-May.

The Township Utility Engineer said it was suggested by Council for him to have a written report on his scheduling. He said he will incorporate in his comments, a table, listing the major projects and anticipated estimated and completion dates.

Stage 5 Sanitary Sewer Schedule: The initial completion date for the bid package was December 15, 2006 and they are proceeding with this. The Surveyor has been selected and sent the agreement for his work.

Nilsen Acceptability Determination: The Township Utility Engineer stated they confirmed that Mr. Monoco of the DEP has received their letter, is reviewing it and within the next week or so expects to see his initial reaction.

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Corrosion Control Plan: The Township Utility Engineer said they have a lot of data from the Water Department. They targeted for beginning of May for completion.

Consumer Confidence Report: The Township Utility Engineer stated this will be completed by mid-May so the Township can review it before sending it out for ultimate distribution.

LEGAL
3a. Revaluation Order; Discussion on Appeal
The Township Attorney stated they received a letter from the County indicating there was an order to implement a Municipal wide revaluation in the Township. The revaluation is supposed to be completed effective in 2008. The Township Attorney stated they are going to Appeal this Order and need a Resolution placed on next week’s Agenda authorizing them to file a complaint seeking an extension of time on the revaluation. They have 45 days to file.

3b. Olney Road; Discussion
The Township Attorney stated the Supervising Engineer of the State, Mr. Riscica had reviewed the last Ordinance that was sent to them. This Ordinance was prepared in accordance with instructions they received from the Senior Traffic Investigator of their Department. The Supervising Engineer has overruled the Senior Traffic Investigator on the ruling of closing this street. The Township Attorney said they now have to meet with the Commissioner of the Department of Transportation to explain the situation to see if he will approve what we have sought as safety reasons. There are other avenues that can be explored if the Commissioner does not agree with the Ordinance.

DiGiulio asked was Olney Road ever a legally opened street. The Township Attorney stated the Street has be dedicated and accepted as a Pubic Street through the various Resolutions that were filed. Since it has been paved and not just a paper street the Public has the right to utilize this street.

DiGiulio asked what has changed since we sent the paperwork to the State. The Township Attorney stated it was done with the original person but then other people got involved when he was replaced and another person was involved and the Supervisor, involved now, stated he will not approve it.

Alderisio thought we only had to vacate the street. The Township Attorney stated it is an alternative and explained how the Township would give up it’s rights for a certain dimension.

The Township Attorney stated we now have to come up with a solution and to solve this problem the first area to explore is with the Commission of Transportation.

Roth said we are not making much progress and in looking at all the background and discussion, the Resolution passing to this effect, told this could be done, then a new person from the State gets involved and now it may cost the Township money for legal expenses. Roth feels it is not worth an Appeal and if the Township vacates the street it could then happen all over the Township.

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March 16, 2006
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Richter stated this Street is a recognized liability and safety issue and Township people are
pleading to have this Street closed and she asked who is in charge. The Township Attorney stated it is the Statute.

Kelly stated Council should take the Township Attorney’s advice and Appeal to the Commissioner and then he read an Article on Opinions by the Attorney General. He too would like to know who is running the show at the Department of Transportation.

Paton feels we should bring Olney Road up to standards and clean it as we are just wasting time.

Kelly asked what Council would like done.

On a motion by Kelly, seconded by Roth, it was suggested to have the Township Attorney contact the Commissioner. Roll Call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Paton, no; Richter, yes; Roth, yes; Kelly, yes.

3c. Fees; Photocopying Costs – Ordinance
Ordinance will be introduced at the March 23rd Public Meeting.

Paton asked about the oversized copies listed on the Ordinance and what it was. The Township Attorney stated anything that does not go through the copy machine. Paton suggested they list the size for the Oversized copies.

3d. Amendment to Affordable Housing Ordinance; Enforcement and Penalty Provision
Amendment has been submitted to Council and Ordinance will be introduced at the March 23rd Public Meeting.

Roth made a motion to go into Closed Session. The Business Administrator interjected and stated he would like to do several items under Administration as the gentlemen were in the audience. Roth declined his motion.

ADMINISTRATION
4a. Request to Vacate a Portion of Skytop Drive
The Business Administrator stated they had started working on this with the prior property owner and since they have sold the property. Mr. Cortes who purchased the property would like Council to consider a partial vacation of a paper street. The recommendations have been that there is a walking pedestrian path between Murray Ave and Skytop Drive that should be maintained. The consensus of Council was that it would be acceptable to do a partial vacation of Beech Street and possibly Murray Avenue. The Business Administrator said they could vacate a portion of the right of way they do not need and obtain that portion for the pedestrian path and then the person requesting this vacation would pay the legal fees.

Kelly asked would there be a detrimental effect to the Township taking this action.


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March 16, 2006
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The Business Administrator stated he does have reports from departments and will circulate them.

Paton what compensation will the Township receive for vacating our property and allowing the
property owner to expand his. The Business Administrator said he cannot answer this and would like the Township Attorney to do research to see how the right- of-way was created and what legal steps would have to be taken to vacate a portion of it.

Roth said in looking at the Map Survey what is the 50 foot access right-of-way and is it a paper street. The Business Administrator said yes if you look at the property it looks like the side yard of the property and they need an Engineering description.

Roth asked if the Township vacate a portion does the title we vacate transfer to the Skytop owner. The Business Administrator stated yes.

Richter asked if people walk on this path and should we keep it and if we do clean it up. The Business Administrator will get more information on this.

CLOSED SESSION
On a motion by Roth, seconded by Richter, Council went into closed session at 10:15PM for the purpose of discussing pending litigation and contract negotiations. All in favor. Motion carried.

On a motion by Roth, seconded by Paton, Council returned to open session at 11:27PM. All in favor. Motion carried.

ADMINISTRATION
4b. Bus Shelters; Discussion
The Business Administrator stated he received an e-mail from the New Jersey Transit Bus Shelter program enclosing the information that had been requested. They also attached a complete bus stop inventory for the Township and are looking forward to working with us.

4c. Request to Award Bid MTB-06-08: License to Operate Concession Stand at Continental Soldiers Field
The Business Administrator received a bid from two local Township residents to run the Concession Stand at Continental Soldiers Park. They have local addresses but are using a local Post Office Box with their corporate name.

Roth asked if the bidder, Mahwah Sports Concessioners, Inc. had Insurance and if we have a copy of the policy. The Business Administrator stated they have to deliver the Certificate of Insurance prior to signing the contract and they anticipate having it.

Paton stated he received a call from a Recreation Committee member who had asked what the Seniors will do when they have their picnic at Continental Soldiers field. The Business Administrator stated it should not be a problem.
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4d. Bid #MTB06-03: Recycling F550 Dump Truck or Equal; Objection
The Business Administrator stated there had been an objection. A response was received on the

objection. The lower bidder addressed the issues. The Department of Public Works Staff is satisfied that the requirement specifications meet or exceed those in the Township bid.
Resolution shall be prepared for the Public Meeting of March 23, 2006.

4e. Agreement with Charles Jones Search Company
The Business Administrator stated this will be discussed at the next Work Session Meeting as additional information is needed on this.

4f. Emergency Temporary Appropriations – temporary Budget
The Business Administrator stated the 2006 Budget will be Introduced at the Public Meeting of March 23, 2006 and Council will receive a copy of it by tomorrow.

The Business Administrator because the Budget is introduced by not Adopted until late April, they have to extend the Temporary Budget beyond the first 90 days so next week there will be an Amendment for the Temporary Budget that will carry the Township until the Budget is Adopted.
Resolution shall be prepared for the Public Meeting of March 23, 2006.

4g. Transfer of 2005 Appropriation Reserves
The Business Administrator would like this approved tonight to put money into the Budget to cover some medical bills.

4h. Transfer of 2005 Appropriation Reserves
Resolution shall be prepared for the Public Meeting of March 23, 2006.

TOWNSHIP COUNCIL AND MUNICIPAL CLERK
5e. Eagle Scouts
Individual Resolutions and Mayor’s Proclamations shall be prepared for the Public Meeting
of March 23, 2006 for the Eagle Scouts: Ryan B. Young, James L. Mordaga and James A. Gianella, Jr.

RESOLUTIONS
See Resolutions #056-06 and #057-06 attached to and made part of these Meeting Minutes.

On a motion by Roth, seconded by Richter, the meeting was adjourned at 12:06PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk



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