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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, JULY 22, 2004

The meeting was called to order at 8:11PM by Council President Richter who read the Open Public Meeting Act Statement as prescribed by law. Notice was advertised in The Record on July 6, 2004 stating this meeting would be held on Thursday, July 22, 2004 at 8:00PM in the Council Chambers 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, Calandrillo, Kelly, Paton, Richter, and Roth.
Absent: Councilmember DiGiulio

Also present were Mayor Richard Martel, Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Engineer’s Representative Michael Kelly, Township Utility Engineer Justin Mahon, Municipal Clerk Kathrine G. Coletta. Mrs. Coletta introduced Mary C. Ross, Deputy Municipal Clerk.

PUBLIC PORTION
On a motion by Kelly, seconded by Roth, the meeting was opened to the public at 8:13PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue expressed the need for the town to send a card/basket to a 101 year old resident on Island Road, Mr. Gera, as we had last year, for his birthday. Richter will look into this.

Mr. Kidd further pointed out that the flag outside this building was not lit and it was ripped.

Mr. Kidd further mentioned he spoke to the Mayor about the watershed properties and that Franklin Lakes received $5,969.00 for water shed areas. Since the State offers $47.00 per acre for watershed areas, Mr. Kidd suggested we look into this.

Mr. Kidd was disgruntled about the addition to Fire Co. #1 and two new fire trucks. Richter affirmed that the replacements of the two trucks were greatly needed as a result of an evaluation by a private company.

Mr. Joe Dorman of 84 East View Avenue cautioned that the paper recycling trailer’s bottom door could cause potential hand cuts and a rubber mat would prevent this from happening. Richter said we would look into this.

Mr. Albert Kidd of 851 Darlington Avenue opposed the sidewalks for Darlington Avenue. Richter stated this item will be discussed later in the agenda.

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

SUBMISSION OF BILLS AND CLAIMS
Councilmembers were asked to contact Administration with any questions on Bills and Claims. The Business Administrator stated that the vouchers are available for review in the Council Office.

ENGINEERING (Boswell-McClave)
1a. Mahwah Bar and Grill; 2 Island Road; Block 44, Lots 12 through 23; Request for
Release of Performance Guarantee (Dkt. #972-99).
The Township Engineer’s Representative recommended on the release of the
performance guarantee. Resolution shall be prepared for the July 29, 2004 Public
Meeting.

1b. Pedestrian Bridges at Continental Soldier’s Park; Discussion.
The Township Engineer’s Representative stated the Department of Environmental Protection and the Department Of Transportation could not agree on the proposed bridges.

The Township Engineer’s Representative sought Council’s guidance on the matter. Kelly suggested retaining an architect to appease both. Paton suggested
going to Susan Levin for mediation as a test case. Richter agreed. The
Township Engineer’s Representative said he would make inquiries.

Roth asked how long prices and bids are good for. The Business Administrator
stated that the bid is only good for 60 days. Paton suggested going to Assemblyman O’Toole, Congressman Garrett, or other elected officials
for help. Richter agreed.

Kelly agreed, and suggested keeping the State in the loop. Richter suggested finding out more.

1c. Road Improvements to MacArthur Boulevard; Authorization for Construction
Management Services.
The Business Administrator asked for this to be carried to the next work
Session; the funding is not available until the Capital Budget is passed. The Township will have to fund this project and then DOT will reimburse.
Calandrillo asked about MacArthur Boulevard to Ridge Road to Darlington Avenue and if these roads are on the schedule as well. The Township Engineer’s Representative stated the base repair is planned for these roads and next year we will apply to DOT for next year’s Local Aid Applications to resurface from Darlington Avenue to Ridge Road.

Kelly requested a copy of MA-571:2004 Road Improvement Program and a reminder of the roads for the new council members.

1d. Verbal Status Report
The Township Engineer’s Representative advised Council bids were received in the 2004 Road Improvement Program on Tuesday.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Fardale Tank Demolition Construction Engineering Services.
The Township Utility Engineer stated that this is a proposal bid for assistance for site visits on the demolition of the 70 foot tank at the end of Dogwood Court.

Malcolm Pirnie will provide assistance as requested and the bid includes 200 hours of service at a price not to exceed $24,000.00. A surveyor is set to stake the property, and they will show the property owners where the trucks and equipment will be entering.

Calandrillo asked about potential damage to their properties. The Township Utility Engineer stated that the town has a 50’ access right-of-way to access the site.

Roth asserted that this will be 200 hours at $24,000 in addition to the $10,000 for preparation of the technical specifications for a total project cost of $34,000.00.

The Township Utility Engineer concurred. Roth inquired about field inspections and who does them and assumed that they are not included. The Township Utility Engineer stated that they are included, if authorized by Administration for town employees to do the work, and if their certification papers are in order.

Paton asked if this will be complete before winter. The Township Utility Engineer stated that it will be 1-2 weeks before he can advertise for bids, and that there will be 2 months needed for construction. He stated that the work should begin in the Fall.

Roth asked about gate valve problem. The Township Utility Engineer stated the line is in service in front of Arzee at this time. In regards to the leak, the Township is in negotiations with the Bond Company’s contractor to have the prices that are necessary to get a change order to perform that work. The valve failure was due to a gear box; the pins in the gear box failed. Roth asked if this will be covered. The Township Utility Engineer stated as far as he knows, yes by the Bonding Company as part of the original construction contract. Roth asked if we are proceeding on track. The Township Utility Engineer answered no it will take another month.

Kelly asked if the special tool discussed previously was ever purchased for this problem by the Township. He stressed the need for this tool, and discussions with the manufacturer of the valves, due to the valve problems and the need for them to last. He felt that we are the manufacturer’s field test, and he wanted measures taken that will protect the town in this. The Township Utility Engineer stated that we do not have a direct relationship with the manufacturer. Kelly wanted to look into legally how we can protect ourselves.

Alderisio asked if we could get any test data on the valves prior to installation. The Township Utility Engineer stated that the manufacturer certified this prior to purchase and he is not sure if he can get any further information.

Kelly asked about Oak Hill pressure. The Business Administrator stated Administration will furnish the report. Kelly asked about the flushing. The Business Administrator stated that a report will be forthcoming from the DPW.

Resolution shall be prepared for the July 29, 2004 Public Meeting.

ADMINISTRATION

4h. Debt Service; Discussion.
The Business Administrator referred to the Chief Financial Officer Ken Sesholtz Memorandum of July 8, 2004 and Sheets Option A & B. Short term notes for the 17 million and the fixed payment for the 20 million in long term debt are in question. The issue is that there must be a business judgment made to keep the short term, or make it long term debt. Option A is roll over of Bond Anticipation Notes, Option B is in January to take $17 million to long term debt 5% (his assumption on percentage). Short term debt is due to mature in January. We may be able to go through the Bergen County Improvement Authority and save money.

Roth asked what the rate of our existing debt is. The Business Administrator estimates 5% in January 2005. Roth stated that we have a good rate now and a lock in could be a problem at a higher rate. The Business Administrator stated our surplus is less and our debt is higher then two years ago and stated we have an AA rating while the County of Bergen has an AAA.

Kelly asked if we have looked at the possibility of going part short term, part long term. The Business Administrator said options like this were considered. Kelly stated we need to keep it within the taxes and not beyond. The Chief Financial Officer concurred.

Richter left at 9:03pm, Kelly took over.

Paton stressed we should go long term and lock it in as quickly as possible before the rates go up.

Roth suggested we should hold off a bit on the long term because the point savings in the short term right now is more favorable. He further stated that going long term in the first quarter, after the elections, would be better. The Chief Financial Officer stated that there would be a problem with debt service if we took this course of action. He states that while it would save to stay short term, it will be difficult to pinpoint when the best time to lock in a long term rate would be. The Business Administrator stated Administration recommends long term bonding. The Mayor concurred stating that we should go long term and lock in a rate. Interest rates will rise which will impact the tax rate.

Richter returned at 9:15PM.

Kelly stressed the need to communicate with the residents and tax payers about this. Richter also agreed with the long term rate solution. Council concurred.

LEGAL
3a. Resolution to Cancel Taxes; Block 173, Lot 136
The Township Attorney stated his concerns on the deannexation of a property. The first half of the years taxes will remain with Mahwah; however, the second half must be cancelled. Resolution shall be prepared for the July 29, 2004 Public Meeting.

3b. Bus Stop Ordinance
Paton asked if curbing is necessary. He also stressed the need to make clear the people have the right to stand there and is concerned about the gas station. Ordinance shall be introduced at the July 29, 2004 Public Meeting.

3c. Update; Property Maintenance Ordinance.
Kelly requested a copy of the Property Maintenance Code. The Municipal Clerk shall provide to Council. Carried to August 5, 2004 Work Session Meeting.




ADMINISTRATION
4a. 2004 Salary Ordinance
The issue of double positions was raised by Paton. Kelly asked Administration if the Electrical Inspector can be full time. The Business Administrator answered no. Kelly stated if so, shouldn’t the salary reflect this? Richter stated this should be discussed at Budget Meetings in 2005. She requested a breakdown of the employee, and what they do for each position.

4b. Certification of Determination and Award; For information only.

Kelly left the meeting at 9:38PM.

4c. Change Orders #17, 18 and 19; Renovations to Fire Company #1
Individual Resolutions for each change order shall be prepared for the July 29, 2004 Public Meeting.

4d. Confirmation of Department Heads
The Business Administrator stated that Department Heads are for the term of the Mayor, 4 years. Resolution shall be prepared for the July 29, 2004 Public Meeting.

4e. Amend Resolution #152-04; Police Department Addition
Resolution shall be prepared for the July 29, 2004 Public Meeting.

4f. Local Emergency Planning Committee Appointments
Calandrillo suggested Kelly for Council appointment. All concurred. Resolution shall be prepared for the July 29, 2004 Public Meeting.

4g. Request for Sidewalks; End of Seminary Drive to MacArthur Boulevard
Alderisio asked if the developer contributed for the sidewalks. The Business Administrator did not believe so. Roth suggested business participation. Richter said a similar situation came up once before and it was vetoed. Alderisio and Richter stated that the roads are too narrow and this would be dangerous. Roth suggested having Police Department to measure road to see if it is legal and let them look into it. Richter agreed. Alderisio stressed the need to involve businesses in the cost of the sidewalks. Richter concurred with the Police Department looking into it.

4i. Mayoral Appointment; Recreation Committee.
Resolution shall be prepared for the July 29, 2004 Public Meeting.

4j. Resolution to Extend Grace Period on 2004 Third Quarter Tax
Resolution shall be prepared for the July 29, 2004 Public Meeting.


TOWNSHIP COUNCIL/MUNICIPAL CLERK
5a. Resolution; Financial Aid Program for the Military; Discussion
Richter felt that it is too short of a payback, too high of an interest rate, and not enough money available. She felt that we should have more available for these people. Suggestion was made to take out sentence C so it would be $40,000.00, same types of terms and interest rates as students, with at least a 10 year payback period. Paton stressed the need to include all Military personnel. Kelly said to make sure it was the same for Military personnel. Resolution shall be prepared for the July 29, 2004 Public Meeting.

5f. No Parking; Christie Avenue
Richter moved up Christie Avenue discussion.
On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public at 10:20PM. All in favor. Motion carried.

Ms. Linda Remo of 105 Christie Avenue stated Flyte Tyme’s parking on the sidewalk is a big issue, and the Senior Citizens complained to her as her sidewalk is broken. At night the limousines are pointed directly at her home and the lights are coming in the front windows. Kelly stated that this is a quality of life issue. Kelly suggested for the Police to monitor.

Mrs. Bernadette Remo of 110 Christie Avenue and Mrs. Diane Alder of 112 Christie Avenue both stated that Flyte Time Limousines are causing damage to the sidewalks, and the fact that it is a narrow street should negate parking on both sides of the street. Paton asked to look into the Bagel Store approval. He felt the street was too narrow to handle it. Richter stated that she will look into it further.

5b. Raffle Application; Ramapo College of New Jersey
Tenatively approved final approval will be voted on at the July 29, 2004 Public Meeting.

5c. Amend Resolution #017-04A; 2004/05 Meeting Dates
Resolution shall be prepared for the July 29, 2004 Public Meeting.

5d. Ambulance Services; 3 Shift Paid Staff; Discussion
Carried.

5e. Speed Bumps on MacIntosh Drive; Update
Carried.

5h. Council Sub-Committee Appointment
Richter distributed the appointments. Richter stated that all must be involved in the picnic next year.

COUNCIL COMMENTS/COMMUNICATIONS
Alderisio made mention of the confiscated funds suggesting a roof over the DARE Street
Hockey Rink would be a good way to use this money. He spoke to Chief Batelli who
agrees. Richter stated this money would be well used for a scholarship. The Business
Administrator stated this would have to go through the Prosecutor.

Kelly stated that the Senior Luncheon was a success and the Seniors were very happy.

Roth asked for additional information on the Data Trace recommendation and an update
on the reverse 911 procedures. The Business Administrator stated a memo is coming on
the Data Trace recommendation.

Roth inquired about Commerce Bank and indictments connected with the laundering
situation. Roth brought up the reverse 911 system in relation to the Lake Henry spill –
how do we alert the council?

Calandrillo stated the Council should be on the Reverse 911 System. Richter concurred.

Richter thanked everybody for the picnic – it was a success.

REPORT OF SUBCOMMITTEES
Kelly gave further thanks for everyone’s help on the Picnic. He stated that 266 Adults
and 80 Children were there. Kelly felt that the actual attendance was well beyond this.
The Budget came in close to under $2,000.00.

CLOSED SESSION
On a motion made by Calandrillo, seconded by Paton, Council went into closed session at
11:10 PM for the purposes of discussing Police Grievance on Health Benefits and
Potential Litigation. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Roth, Council came out of Closed Session at
11:49PM. All in favor. Motion carried.

On a motion made by Roth, seconded by Calandrillo, the meeting was adjourned at 11:50
PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr




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