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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, MAY 2, 2002


The meeting was called to order at 8:00PM by Council President Spiech who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 20, 2001 stating this meeting would be held in the Municipal Offices, 300B Route 17 South, Mahwah, New Jersey at 8:00PM on Thursday, May 2, 2002.

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.

Present: Councilmembers Calandrillo, DaPuzzo, DiGiulio, Donigian, Omsberg, Richter and Spiech.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Engineer Kevin Boswell, Township Engineer Representative Michael Kelly, Township Utility Engineer Justin Mahon, Township Utility Engineer’s Associate John McCarthy, Township Utility Engineer’s Associate Visual Shah and Deputy Municipal Clerk Margaret L. Kennedy.

Salute to the Flag.

ORDINANCE - PUBLIC HEARING
The title of an Ordinance was read as follows:

BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $400,000 AND AMENDING SECTION 3 (r) OF BOND ORDINANCE #1362 FINALLY ADOPTED APRIL 27, 2000 TO PROVIDE FOR THE IMPROVEMENT OF RECREATION FIELDS IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $380,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION.

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

Being no comments were made, on a motion by Richter, seconded by Calandrillo, the meeting was closed to the public. All in favor. Motion carried.

On a motion by Donigian, seconded by Omsberg, the following resolution was passed and adopted:



Work Session Meeting Minutes
May 2, 2002
Page 2


RESOLUTION - ORDINANCE NO. 1415

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

Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, yes; Richter, yes; Spiech, yes.

SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on any of the Bills and Claims was asked to contact Administration prior to the Public Meeting of May 9, 2002.

ENGINEERING (Boswell-McClave)
1a. Moritz and Company; Alcott Road; Block 88, Lots 20 and 22; Request for Release of Performance Guarantee (Dkts. #995-00 and #996-00)
The Township Engineer recommends the release of the performance guarantee. Resolution shall be prepared for the May 9, 2002 Public Meeting.

1b. Lescher Inc.; 7 Miller Road; Block 71, Lot 15; Request for Reduction of Performance Guarantee (Dkt. #952-98)
The Township Engineer recommends the reduction of the performance guarantee.

Omsberg is concerned that the parking and sidewalk are not complete. The Township Engineer Representative will inform the Applicant that if the sidewalks are not complete, the Township Council would remove the resolution.

DaPuzzo questioned if the proper cross slope has been provided for the sidewalks. The Township Engineer will verify.

The Mayor questioned whether or not we have a lien on the property. The Business Administrator answered no, it is an assessment.

DiGiulio questioned Boswell McClave Engineering letter dated April 24, 2002 that stated the area creates a safety hazard and does the Township have any liability.

Spiech recommended a resolution not be acted on at this time, since the pending items need to be addressed.

Richter questioned if Council could be notified if there is a lien or an assessment held on the property. The Business Administrator will provide.

Work Session Meeting Minutes
May 2, 2002
Page 3


The Mayor left the meeting at 8:35PM.

1c. Written Status Report
MA-457 Municipal Complex - Construction Engineer and Inspection Services
Calandrillo questioned if there are any issues Council should know about with regard to the construction of the Municipal Complex. The Township Engineer stated that a 12 foot pipe needed to be tied in, a man hole to be replaced and new connection pipe put in place. The Township Engineer said there is nothing of major consequence.

MA-220 Franklin Turnpike/Miller Road/East Ramapo Avenue - Intersection Improvements (Resolution No. 148-01)
Donigian questioned if trees would be required to be cut down for the improvements at the intersection. The Township Engineer replied no. Donigian asked if property would be taken from the gas stations. The Township Engineer recommends the northeast corner (Sunoco Station), as well as the northwest corner (Gulf Station) that some of the property be taken.

MA-249 Hilltop Road Resurfacing (Resolution No. 06-00)
Donigian questioned the resurfacing and the Township Engineer’s recommendations. The Township Engineer stated the repairs will be completed by the end of May 2002.

MA-379 Route 202 Recreation Facility (Resolution No. 068-01)
Donigian questioned the progress at Route 202 Recreation Facility. The Township Engineer said work will commence the week of May 13th, with a completion date of October 15, 2002. Contracts are being finalized now.

The Business Administrator stated that Contract #2 for the building will be awarded three weeks from today.

Spiech asked if there will be a Ground Breaking Ceremony. The Township Engineer said he is in the process of setting up the Ground Breaking Ceremony now. The Township Engineer said he hopes to have more information within the next five days.

Donigian questioned the status for the sewer line for the College. The Township Engineer said the College is ready to implement the work. The College worked out an agreement with the DEP.

MA-458 Airmont Avenue Recreation
Omsberg wanted to know what happened at the meeting of April 29th Airmont Avenue Recreation Sub-Committee. The Township Engineer stated that he met with DaPuzzo, Donigian and Mr. Baumgardt and they discussed a prefab unit for the bathrooms, fencing the house forty

Work Session Meeting Minutes
May 2, 2002
Page 4


foot rear yard in order to make the house appear it is not in the recreation facility.

Spiech wants to ensure there will be proper screening and buffering on the northwest corner of the property. The Township Engineer stated there will be buffering to the east and to the south of the property, the rest room is 50' set back from the house. There will be a large triangle area approximately 60' wide and berm with landscape.

Omsberg requested lighting to be discussed at the next Work Session Meeting.

MA-290 Fardale Avenue Culvert (Resolution No. 88-00)
Omsberg questioned when the project will be going to bid for Fardale Avenue Culvert. The Township Engineer stated must have to contact the Department of Environmental Protection. The Business Administrator said monies were funded this year for the project. The Township Engineer stated that the plans have to go back to the County.

Spiech said this project has taken a long time. The Township Engineer stated his firm will complete and submit a detailed status report for the past twelve month period.

The Business Administrator questioned when we may expect to receive the construction documents. The Township Engineer Representative said the construction documents will be submitted tomorrow.

1d. Fardale Avenue Bridge; Partial Refund of Insurance Proceeds
Resolution shall be prepared for the Public Meeting of May 9, 2002.

Naming of Route 202 Recreation Facility
The Township Engineer mentioned naming of the facility at Route 202 for the sign.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Monthly Activities Report
East Crescent Booster Station
DaPuzzo questioned if a two week delay will have any effect on the East Crescent Booster Station. The Township Utility Engineer said information will be submitted to Administration awarding the bid to the lowest bidder.

Resolution shall be prepared for the Public Meeting of May 9th.

Mahwah Blue Circle/RAIA
Donigian questioned the status of the tanks on the property. The Business Administrator said the tanks have been removed and remedial work needs to be completed. The State Remedial

Work Session Meeting Minutes
May 2, 2002
Page 5


Assessment and Documentation will be forwarded to the Township Attorney and Malcolm Pirnie
to review.

Special Projects - NJDEP
Spiech asked the status of the United Water contract. The Business Administrator said Administration received a letter from the NJDEP. The NJDEP is processing the Water Line Permit Application.

2b. Proposal; SCADA - Phase 2
Spiech questioned if the radio survey will be to the old site, or new site. Township Utility Engineer recommended surveying to the new site. Spiech questioned training issues, is there sufficient time. Township Utility Engineer said he has no judgment on this. The Business Administrator stated there are monies in the budget.

2c. 20 Inch Water Main Project; Upset Increase (Closed Session)
Item discussed in Closed Session.

2d. 20 Inch Water Main; Change Order #2
See Resolution at latter part of meeting.

2e. Stage 4 Sanitary Sewer Extension Project; Upset Increase
Spiech recused himself at 9:10PM. The meeting was turned over to Council Vice President Richter.

Omsberg asked why the bills were not presented to the Council sooner. The Business Administrator stated that the past Business Administrator had thought Administration could handle the service connection location surveys, but found they could not.

Omsberg said these fees should have been anticipated. The Business Administrator said these fees are on going.

Calandrillo asked if someone is watching the over-run of the hours. The Business Administrator said yes. The Business Administrator said some of these items are change orders, specifically number 2, 3 and 4 of Malcolm Pirnie’s correspondence dated April 12, 2002.

DiGiulio asked if there have been problems with work being done without a bill. The Business Administrator said there is a provision in the contract that if an item is less than $5,000 services can be provided.

Resolution shall be prepared for the Public Meeting of May 9, 2002.

Work Session Meeting Minutes
May 2, 2002
Page 6


2f. Award Recommendation; East Crescent Booster Station Installation Contract
Resolution shall be prepared for the Public Meeting of May 9, 2002.

2g. Rio Vista - Phase 12; Developer’s Agreement
The Business Administrator stated the Township would be responsible to pay the developer $32,000 for expenses incurred by the Developer for the installation of 20" water line to be installed in Campgaw Road, towards Fardale. Paragraph 46: Water Main Extension to be included in the Developer’s Agreement.

DaPuzzo said when he was on the Planning Board construction was to be completed on the dam in Rio Vista, which was four years ago. The dam was to be completed within six months time, and it is still not completed. DaPuzzo further stated that the Fire Sub-Code Official considers this a safety issue because of lack of the entrance to the area.

DaPuzzo recommended not signing the Developer’s Agreement until the issue of the dam is completed.

Spiech requested Omsberg to bring DaPuzzo’s concerns to the Planning Board.

Item carried.

LEGAL
3a. Proposed Library Ordinance; Discussion
Omsberg recommended changing the age in the proposed Ordinance, from seven (7) to eight (8) years of age must be accompanied by a parent/guardian.

The Business Administrator left dias at 9:45PM.
.
DaPuzzo questioned what the legal age requirement is where a child may be allowed to be left at home alone. The Business Administrator requested the Township Attorney to check.

DiGiulio feels this is a policy for the Library, and does not require an Ordinance.

The Township Attorney stated that an Ordinance provides more credibility for the Library.

DiGiulio recommends a newsletter go out.

Straw poll vote for a “draft” Library Ordinance be prepared for an upcoming Work Session Meeting, and sent to the Library and Chief of Police for their review: Calandrillo, yes; DaPuzzo, yes; DiGiulio, no; Donigian, yes; Omsberg, yes; Richter, yes; Spiech, yes.

Work Session Meeting Minutes
May 2, 2002
Page 7


The Business Administrator returned to the dias at 10:05PM.

3b. Amendment to Ordinance; Fees Charged by Township for Photocopying; Discussion
Item carried to next Work Session Meeting.

3c. Land Acquisition Update; Eastern Concrete
Item was discussed in Closed Session.

ADMINISTRATION
4a. Marion Drive/Route 202 Parking
The Business Administrator said he will contact the residents on Marion Drive and ask them about a sign being placed on Marion Drive, indicating no parking or one hour parking for residents only and he will contact the County regarding no parking along Route 202 and bring back to Council.

Spiech recommended limiting the parking for one hour and possibly the County can provide parking along Route 202.

4b. Resolution to Cancel Tax; Block 139, Lot 4010
Resolution shall be prepared for the Public Meeting of May 9, 2002.

4c. Authorization for Mayor and Municipal Clerk to Execute State and Local Government Term Rental Agreement with Pitney Bowes for Mail Equipment
Resolution shall be prepared for the Public Meeting of May 9, 2002.

4d. Mulberry Drive - One Way; Discussion
Spiech stated this item is a legal issue. The Township Attorney will get back to the Council.

4e. 2002 Salary Ordinance
Omsberg questioned the differences in the minimum salaries, as it was presented last year. The Business Administrator stated he will check with the Chief Financial Officer.

Council recommended placing all the Part Time Secretaries under one section.

Item carried to next Work Session Meeting.

4f. Request for Mutual Aid Resolution; Police Department
Resolution shall be prepared for the Public Meeting of May 9, 2002.


Work Session Meeting Minutes
May 2, 2002
Page 8


4g. New Jersey Forest Fire Service Grant
Resolutions #124-02 and #125-02 Authorizing the Mayor Municipal Clerk to Execute Agreement for New Jersey Forest Fire Service Grant for Fire Company No. 2 and Fire Company No. 4 will be voted on separately latter in the meeting.

RESOLUTIONS
Resolution #124-02 and #125-02 are attached to and made part of these minutes.

TOWNSHIP COUNCIL/MUNICIPAL CLERK
5a. Security at Township Recreation Parks; Discussion (Omsberg)
Spiech asked the Business Administrator if any information has been received from the Police Chief or Recreation Director. The Business Administrator replied no.

Omsberg recommended the recreation area open at 9AM, and close one half hour after sunset.

Omsberg wants a policy taken into consideration for both Airmont Avenue and Route 202.

Item carried to next Work Session Meeting.

5b. Lighting Ordinance; Discussion (Omsberg)
Omsberg read a letter to Council from Kinsey Associates. Omsberg said a shut down time for the lighting needs to be established, establish a more stringent maximum vertical footcandle allowance at property lines.

Spiech requested a copy of the letter for Council. Omsberg will provide.

Donigian said the Council should address the Ordinances under Recreation Ordinance.

Spiech requested Council to provide Administration with their concerns for Recreation.

5c. Request for Waiver of Right-of-Way Infringement; 173 Island Road
Council directed the Clerk to write a letter to the homeowner instructing him to contact Bergen County, since Island Road is a County road.

5d. Support of Motion to Dismiss; Filed by the County of Rockland
Resolution shall be prepared for the Public Meeting of May 9, 2002.





Work Session Meeting Minutes
May 2, 2002
Page 9



CLOSED SESSION
On a motion by DaPuzzo, seconded by Omsberg, council went into closed session at 10:40PM for the purposes of discussing Potential Litigation, Land Acquisition Update; Eastern Concrete and Litigation Update. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Omsberg, Council returned to open session at 12:05PM. All in favor. Motion carried.

Council concurred to terminate the contract with Viola Contracting and approved Payment Requisition #5 for the installation of 20 inch water lines.

RESOLUTION
Resolution #126-02 is attached to and made part of these minutes.

COUNCIL COMMENTS/COMMUNICATIONS
DaPuzzo reminded Council that Earth Day will be Saturday, May 4, 2002 at 10:00AM and check-in will be at Fire Company No. 5 Firehouse.

DaPuzzo also stated that the Softball Parade will be Saturday, May 4, 2002 at 9:30AM with line-up at Betsy Ross School.

Spiech stated the Reorganization Meeting will be Monday, July 1, 2002 at 8PM.

On a motion by Omsberg, seconded by DaPuzzo, the meeting was adjourned at 12:10PM.

Respectfully submitted,



Margaret L. Kennedy, RMC
Deputy Municipal Clerk



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