Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, FEBRUARY 18, 2010
The meeting was called to order at 8:03PM by Council President DaPuzzo who read the
Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The
Record on July 15, 2009 stating this meeting will be held in the Municipal Offices, 475
Corporate Drive, Mahwah, New Jersey on Thursday, February 18, 2010 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, DaPuzzo, DiGiulio, Kidd, Larson (present at
8:30PM), Roth and Williams
Also present were Mayor Richard J. Martel, Business Administrator Brian Campion,
Township Attorney’s Associate Andrew Fede, Township Engineer’s Associate Michael
Kelly and Municipal Clerk Kathrine G. Coletta.
PRESENTATION
Mahwah Heritage Awards – Historic Preservation Commission
Mrs. Barbara Shanley of the Historic Preservation Commission gave a brief history of the
former Commodore Perry School now the Apple Montessori School on the corner of
Island Road and West Ramapo Avenue. She, together with Mayor Martel, presented a
Certificate of Commendation to the Bailey’s, the owners of the Apple Montessori School.
PUBLIC PORTION
On a motion by Roth, seconded by Alderisio, the meeting was opened to the public at
8:14PM. All in favor. Motion carried.
On a motion by DiGiulio, seconded by Roth, the meeting was closed to the public at
8:15PM. All in favor. Motion carried.
WORK SESSION
SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on the Bills and Claims was asked to confer with
Administration prior to the Public Meeting.
ENGINEERING (Boswell McClave Engineering)
1a.
International Motor Plaza; 130 Route 17 South; Block 129, Lot 1; Request to
Execute Developer’s Agreement (Dkt. #1183-06)
The Township Engineer’s Associate recommended the Amended Developer’s Agreement
be executed. Resolution shall be voted on in the Public Meeting.
1
Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
1b.
Vista Bahn Estates LLC; Ramapo Valley Road, Farmstead Road and
Weathervane Court; Block 23, Lots 53, 54 and 55; Request for Release of
Performance Guarantees (Dkt. #461)
The Township Engineer’s Associate recommended the performance guarantee be
released subject to the Developer posting a 2 year Maintenance Guarantee.
The Township Engineer’s Associate said the Association was contacted. He added the
Association is currently the Developer who did not have a complaint.
Resolution shall be voted on in the Public Meeting.
1c.
Verbal Status Report
The Township Engineer’s Associate reported not too much activity is occurring due to
the weather.
Speed Limit – Area of Young World Day School: DiGiulio asked the status. The
Township Engineer’s Associate said he has spoken with the County. Once the weather
breaks, the County expects to be in the area.
ADMINISTRATION
2a.
Business District Zone Permit Uses; Continuation of Discussion
Mr. Burgis explained the updated memo he distributed to Council on permitted uses for
the Franklin Turnpike Business Zoning.
DiGiulio asked if the Nursery School and Day Care Centers need extra parking. Mr.
Burgis said the Draft Ordinance identifies the parking requirements. Mr. Burgis went on
to explained about the provision he has added. This would show the how the required
parking would be laid out if the school should move out of the premise and a new tenant
move in.
Alderisio has concerns about tractor trailer truck deliveries and loading areas. Mr. Burgis
said the current Ordinance addresses the requirement of a loading area.
Williams asked if there has been a study about the small businesses down the road for
potential competition. He said there is so much retailing and he has concerns about over
retailing and the existing effect this will have on other businesses on Franklin Turnpike.
He feels a lot of the retail will be the same type of stores. Mr. Burgis said they have
looked at the per capita retail trade dollars and based on this information there can be
additional retail space. Mr. Burgis said he would break out by census track the number of
residential dwellings that exist in this area. Williams feels it the Township’s
responsibility is to protect the residents.
Williams asked if there have been any traffic studies done. He has concerns like
Alderisio’s issue about the possible heavy trucking in this area which will have a
tremendous increase of traffic in an already heavily traffic area. Mr. Burgis said we are
not talking about the whole corridor only two or three properties which are presently
2
Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
zoned for GI-80 Industrial Use. He feels this would be a benefit as it would lesser the
truck traffic and peak hour flow compared to the current zoning.
Williams asked if Mr. Burgis’ memo of September 3, 2009 where it states the P.M. peak
hour retail would go from a flow of 161 to 405 is correct. He also said he feels there
were statements in this memo that were negative to this project. Mr. Burgis said this
study did not represent just the area in question but a much larger area. He said they will
do a survey on just this area.
DiGiulio asked has concerns about outdoor play area for day care centers. Mr. Burgis
said pursuant to the Municipal Land Use Law Daycare Centers are a permitted use in all
non-residential zones. DaPuzzo suggested putting limitations on this.
Burgis asked if Health and Fitness Clubs should be permitted in this corridor. The
Business Administrator said permitted in this corridor is Karate Studio or Instruction
Studio’s.
Roth asked if there would be an issue putting in certain permitted uses in adjourning
areas and would it be discriminatory. Mr. Burgis said it could raise questions. Williams
asked if we could change the wording to “Service” as opposed to the selling of Retail
objects. This would give another usage that is not already accommodated along Franklin
Turnpike. Mr. Burgis said he has concerns about this and will think about it and report
back at the next meeting.
Williams has concerns about the medical building for the future before considering this
proposal. The Business Administrator said this building is presently zoned in the GI-80
heavy industrial zone district and in the future could become a truck terminal.
Roth said he would like more information on the Traffic, breaking out the retail trade data
before an Ordinance is drafted. He would also like to understand the legal ramifications
of any of the relevant uses that have been discussed.
DaPuzzo said he will make sure we get this information prior to the introduction of an
Ordinance.
Straw Poll Vote to continue and draft an Ordinance: Alderisio, yes; DiGiulio, yes; Kidd,
yes; Larson, yes; Roth, no; Williams, no; DaPuzzo, yes.
2b.
Highlands Timetable
Township Planner Burgis spoke about Affordable Housing and said a lot of things have
taken place since this issue was last discussed. One significant item is Senate Bill #1
which calls for the elimination of the Council on Affordable Housing and the placement
of all issues under the umbrella of the State Planning Commission. This will allow the
Municipalities to make the determination of their housing obligations rather than the state
making them. He said it will bring back the Regional Contribution Agreement in a
limited fashion.
3
Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
Mr. Burgis said another significant item is Governor Christie’s Executive Order #12. A
five member panel was created to review all Affordable Housing issues relating to all
COAH Regulations, Fair Housing Act and State Planning Regulations. The panel is
obligated to return the report to the Governor within 90 days of the passing of Executive
Order #12. This did happen two weeks ago. Mr. Burgis said the Township is still
obligated to file a draft Housing Plan with the Highlands no later than March 1, 2010 and
the final plan submitted by June 8, 2010.
Mr. Burgis mentioned our Housing Plan is completed except for some minor information.
He said we have sufficient credits to accommodate our 350 plus unit prior round
obligations, additional credits for our growth share obligation and have 100 plus access
credits over what we need. The final draft will be out next week and will be filed with
the Highlands the end of the week, prior to the March 1 deadline.
DiGiulio asked where we stand having all of our credits and would it eliminate the
pressure to go into the Highlands. The Township Planner answered we are fortunate to
be in the position we are in. He said we really only have to file paperwork to meet our
obligation. Mr. Burgis said if the Highlands was eliminated it still would not eliminate
the state development and redevelopment of environmental sensitive features.
DiGuilo said she has concerns that there are no structural plans in place if they take away
COAH. Mr. Burgis explained Affordable Housing will not go away with the elimination
of COAH. He said there is a Leseneact Bill stating the Affordable Housing issue will
fall under the umbrella of the State Planning Commission. Guidelines will have to be
established. The bill will be calling for each Municipality to decide what their own needs
are and a Resolution would have to be put in place and adopted.
The Township Planner said the Governor has stopped the second year implantation phase
of the funding for the Highlands.
DaPuzzo said he received an e-mail from a Township on South Jersey who decided to opt
out. In turn, DaPuzzo said the Highlands told them if they opted out they would not
reimburse them any grant money. Mr. Burgis said the first round of a grant did not have
to be refunded if the Municipality decided not to opt in. DaPuzzo said he will forward
the e-mail to the Township Planner.
DiGiulio said she is upset that people will be losing property values as the government
keeps making different rulings.
The Business Administrator clarified Senate Bill # S1 and the Governor’s Executive
Order. He said we do not know where COAH or the Highland Council will end up and
reiterated what Mr. Burgis explained. He said the Township is not adopting the Housing
Plan element at this time, just filing it with the Council. The Business Administrator said
he has had discussion with the Township Planner as to what additional work will have to
be done between March 1 and June 8, 2010. The decision will have to be made if there is
Highlands Council if we want to opt in or opt out.
4
Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
The Business Administrator said Administration would like to get the Master Plan
adopted this year with the Housing element included. The problem the Business
Administrator foresees is that the third grant for $50,000 for the funding of the work for
the Highlands Council Conformance has been frozen.
DaPuzzo said the meeting scheduled for February 25, 2010 on the Highlands Presentation
has been cancelled.
Kidd asked what the possibility would be for the Highlands to extend the June deadline.
Mr. Burgis said he understands they are considering extending the June date.
2c.
Volunteer Tuition Credit Program
Resolution shall be voted on in the Public Meeting.
2d.
Emergency Water System Interconnection Agreement Between Township and
Village of Ridgewood
Roth questioned if there is a problem mixing the pressure levels. The Business
Administrator said no.
Roth questioned the verbage of Item #5 on the second page. Council concurred the
words “a mutually satisfactorily compensation schedule” shall be removed and “at the
approved bulk rate charged by United Water not to exceed 3 days per year” shall be
added.
Alderisio asked if with the Agreement Ridgewood can tap into the Township’s Water
System. The Business Administrator said they get whatever water is in our system.
Larson suggested rather than charge a temporary rate the charge be from gallon #1. The
Business Administrator said he will check with the Water Department and get back to
Council on this question.
Resolution shall be voted on in the Public Meeting.
2e.
West Bergen Mental Healthcare; Employee Assistance Program
Williams requested a copy of the Yearly Report from West Bergen Mental Healthcare.
Municipal Clerk shall provide.
Resolution shall be voted on in the Public Meeting.
2f.
Emergency Temporary Appropriations
Resolution shall be voted on in the Public Meeting.
TOWNSHIP COUNCIL and MUNICIPAL CLERK
3a.
Firefighter Applications
1.
John F. Kiene to Fire Company #4
Resolution shall be voted on in the Public Meeting.
5
Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
2.
William T. Grath II to Fire Company #1
Resolution shall be voted on in the Public Meeting subject to verification
by the Township Attorney that in accordance with the Township Code a
Nurse Practioner can sign the Application in place of a Medical Doctor.
3b.
Resolution Requesting the State Establish Municipal Service Fees to be paid by
Students Attending Colleges and Universities within the Municipality
DaPuzzo explained this Resolution is for the State to establish Municipal Service fees to
be paid per student.
Williams said he struggles with this as we would be taxing kids and students and not the
property owner. He said we do not tax any other group and feels this is inconsistent by
singling out this one segment that gets free usage. DaPuzzo said our tax payers are
paying for these services now to offset people who do not live in our Township.
Roth said he respects Williams view but this would relieve our residents of the tax
burden. He added the school uses a significant amount of our usages and most of the
students do not live in our Township.
Larson said this would be another fee added to what students pay now.
Alderisio feels $50.00 is a lot to charge students and they are captive.
Kidd feels this tax should be broadened and include the Campgaw Ski Area. DaPuzzo
said there is no way to invoke fees. Roth said we should look into this to see if there is
something we can do. DaPuzzo said years ago a Senator brought forward legislation
eliminating the law for giving funds to a Municipality from the County.
Resolution shall be voted on in the Public Meeting.
PUBLIC MEETING
APPROVAL OF BILLS AND CLAIMS
On a motion by Roth, seconded by Larson, the Bills and Claims, previously signed,
totaling $853,819.97, were approved. Roll call vote: Alderisio, yes; DiGiulio, yes; Kidd,
yes; Larson, yes; Roth, yes; Williams, yes; DaPuzzo, yes. A List of Bills and Claims is
on file in the Municipal Clerk’s Office.
APPROVAL OF MEETING MINUTES
On a motion by Roth, seconded by Williams, the Combined Work Session and Public
Meeting Minutes of February 4, 2010 were approved. Roll call vote: Alderisio, yes;
DiGiulio, yes; Kidd, no; Larson, abstain; Roth, yes; Williams, yes; DaPuzzo, yes.
REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS
OF SUBCOMMITTEES
Alderisio reported the Housing Commission Meeting was cancelled due to the weather.
6
Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
Alderisio reported the Senior Citizens are initiating a Pandora’s Box where new or used
clothes can be donated. Only women’s clothes will be accepted.
Alderisio reported the Senior Citizens will be having a Harlem Jazz Trip on May 10th.
DiGiulio reported the Beautification Committee Meeting was cancelled. She said the
next meeting is March 1st. She said the Township Engineer’s Associate is working on the
plans for Veterans’ Park.
DiGiulio said Mahwah Bar and Grill is having a Fundraiser on Saturday, February 20,
2010 at the Guardian Angel Church in Allendale. She said 100% of the money raised
will be donated to the Rose Foundation to benefit those in Haiti who were affected by the
earthquake.
Kidd said he spoke to several taxpayers who are concerned about their tax bills and the
affordability of living in the Township.
Larson mentioned the Mahwah Boys Basketball Team won a barnburner against Pascack
Valley and won in their league.
Larson seconded with what DiGiulio said about the Rose Foundation and hopes people
will donate to it.
Roth said the Cable Channel has posted the Mahwah High School Mock Trials. He said
the High School made the finals. He thanked Michael Beatrice and his wife.
Williams reported the Board of Education Meeting was cancelled.
Williams reminded everyone the Mahwah Schools Foundation Dinner is on Tuesday,
February 23rd.
DaPuzzo said he received several calls from residents complimenting the DPW on the
excellent job they did on the roads during the recent snowstorm.
DaPuzzo reported the Cebazas vs. Mahwah case was dismissed in court.
REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel reiterated the great job the DPW did on the roads during the recent
snowstorm.
Mayor Martel said he received complaints from residents about Route 202. He said the
County privately contracts out the snowplowing of the street. He said he made a
compliant to the County that Route 202 was horrendous.
The Business Administrator reported he is monitoring daily what is coming out of
Trenton.
7
Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
PUBLIC PORTION
On a motion by Roth, seconded by Larson, the meeting was opened to the public at
9:47PM. All in favor. Motion carried.
On a motion by Roth, seconded by Larson, the meeting was closed to the public at
9:48PM. All in favor. Motion carried.
ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER X TITLED “BUILDING AND
HOUSING” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP
OF MAHWAH TO AMEND THE SCHEDULE OF FEES CHARGED.
RESOLUTION – ORDINANCE NO. 1662
Introduced by Williams, Seconded by Roth.
RESOLVED that the Ordinance be passed and adopted on first reading.
FURTHER RESOLVED that said Ordinance be considered for final passage at a
meeting to be held on March 4, 2010 at the Municipal Offices, 475 Corporate Drive,
Mahwah, New Jersey at 8:00PM.
FURTHER RESOLVED that the Municipal Clerk shall publish said Ordinance with
notice of introduction, passage and time and place where said Ordinance will be
considered for final passage.
Roll call vote: Alderisio, yes; DiGiulio, yes; Kidd, yes; Larson, yes; Roth, yes; Williams,
yes; DaPuzzo, yes.
* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 12 TITLED “FIRE PREVENTION”
OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP
OF MAHWAH TO AMEND THE SCHEDULE OF FEES CHARGED.
RESOLUTION – ORDINANCE NO. 1663
Introduced by Alderisio, Seconded by Roth.
RESOLVED that the Ordinance be passed and adopted on first reading.
FURTHER RESOLVED that said Ordinance be considered for final passage at a
meeting to be held on March 4, 2010 at the Municipal Offices, 475 Corporate Drive,
Mahwah, New Jersey at 8:00PM.
FURTHER RESOLVED that the Municipal Clerk shall publish said Ordinance with
8
Township of Mahwah Combined Work Session and Public Meeting Minutes of
February 18, 2010
notice of introduction, passage and time and place where said Ordinance will be
considered for final passage.
Roll call vote: Alderisio, yes; DiGiulio, yes; Kidd, yes; Larson, yes; Roth, yes; Williams,
yes; DaPuzzo, yes.
CONSENT AGENDA
Resolutions ##029-10 through #031-10, #033-10 through #037-10 were voted on under
the Consent Agenda. Resolutions are attached to and made part of these Meeting
Minutes.
Resolution #032-10 was removed from the Agenda.
OLD BUSINESS
None.
NEW BUSINESS
None.
On a motion by Alderisio, seconded by Roth, the meeting was adjourned at 9:51PM. All in favor.
Motion carried.
Respectfully submitted,
Kathrine G. Coletta, RMC/CMC/MMC
Municipal Clerk
9