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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, JUNE 20, 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 on Thursday, June 20, 2002 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 Calandrillo, DaPuzzo, DiGiulio, Donigian at 8:05PM, Omsberg, Richter and Spiech.

Also present were Mayor Richard J. Martel until 10:00PM, Business Administrator Brian Campion, Township Attorney Meneloas Toskos, Township Engineer Kevin Boswell, Township Engineer's Associate Michael Kelly, Township Utility Engineer's Associate Vishal Shah, Township Utility Engineer's Associate Ryan Lembly and Municipal Clerk Kathrine Coletta.


SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on any of the Bills and Claims was asked to contact Administration prior to the June 27, 2002 Public Meeting.

ENGINEERING (Boswell-McClave)
1a. Lescher, Inc.; 7 Miller Road; Block 71, Lot 15; Request for Release of Performance Guarantee (Dkt. #952-98)
The Township Engineer requested this item be removed from the Agenda until the applicant fully pays his escrow account.

1b. 2002 Road Improvement Program; Authorization of Services
Resolution shall be prepared for the June 27, 2002 Public Meeting.

1c. 2001 Curb and Sidewalk Program; Award of Bid
Resolution shall be prepared for the June 27, 2002 Public Meeting.

1d. Route 202 Recreation Field; Continuation of Discussion
Spiech pointed out the Council has three decisions to make tonight; whether or not to save the beech tree, whether or not to save the small roped off section of maple trees and whether or not to save the pine trees. The Township Engineer is looking to the Council for direction.

The Township Engineer contacted the tree expert on preserving the beech tree. An estimate was
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June 20, 2002
Page 2



received for between $4,200 to $14,000. to prolong the life of the tree.

Straw poll was taken on whether or not to save the copper beech tree. Yes vote is to save the tree; no vote is to take down the tree. Straw poll vote revealed: Calandrillo, no; DaPuzzo, no; DiGiulio, no; Donigian, no; Omsberg, yes; Richter, no; Spiech, no.

On the maple trees facing Route 202, the Township Engineer recommended the trees remain. Council concurred.

On the pine trees in the area of the backstop, the tree expert believes the trees are a threat of blowing over and recommended they not remain.

Straw poll vote to save the full grown pine trees: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, abstain; Richter, yes; Spiech, yes.

Omsberg pointed out the Township Soil Movement Ordinance allows soil movement from 8AM to 5PM. Omsberg further pointed out the contractor on the Route 202 property has been continuing work well after 5:00PM. The Township Engineer responded the contractor requested to have the operating hours extended and an answer was not given. Mayor Martel added it was his understanding the contractor ceased work at 5:00PM and afterwards was cleaning his equipment and positioning it for the next day. Omsberg pointed out she is not bringing this matter up as a resident. She received numerous complaints from residents in the area. The Township Engineer pointed out the contractor asked to work on Saturday and Sunday and was told he could not. Mayor Martel will contact the contractor tomorrow to ensure he understands the Township's Soil Movement Ordinance.

1e. Verbal Status Report
The Township Engineer reported:
- the Ridge Road plans are complete.
- the Stag Hill Road Plans and Specifications have been completed.
- on the Fardale Avenue Culvert, the Township Engineer is having problems with the paraphets. Plans are expected to be completed by next week.
- the Airmont Avenue application was submitted to the DEP.

DaPuzzo questioned how far up Ridge Road the project will be going. The Township Engineer's Associate responded as far up as MacArthur Boulevard.

DaPuzzo pointed out to the Township Engineer the Board of Education will be making the entrances to the high school and Joyce Kilmer School one entrance.
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June 20, 2002
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Omsberg asked if the proposal on the HVAC system at the Library has been mailed out. The Township Engineer's Associate answered the request for the proposal has been prepared.

Spiech recused himself from the meeting.

UTILITY ENGINEER
2a. Phase 4 Sanitary Sewer Project; Block 147, Lot 8
The Township Utility Engineer's Associate explained the resident approached Malcolm Pirnie about being included in the Phase 4 Sewer Project. The resident is agreeable to paying the $28,000. fee.

The Township Attorney shall clarify whether the resident will also be borne the cost of the assessment.

Straw poll vote was taken to include Block 147, Lot 8 in the Phase 4 Sewer Project subject to the resident agreeing to pay the $28,000 estimated cost and any other costs associated with their be included in the project. If determined, the resident shall also pay the cost of the assessment. Resident shall provide a letter that he agrees to pay the costs associated with being added to the Phase 4 Sewer Project and that he may be subject to paying an assessment. Straw poll vote revealed: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, yes; Richter, yes; Spiech, recused.

2b. Deerfield Terrace; Sanitary Sewer Petition
DaPuzzo pointed out 3 or 4 years ago Malcolm Pirnie sent a letter to the residents in this area asking whether they wanted to be included in the upcoming sewer project. Less than 60% of the residents were interested in the sewers. Therefore, the area was not included in the Phase 4 Sewer Project.

Omsberg suggested the Board of Health go to the residents to insure there are no existing or problems starting.

The Township Utility Engineer's Associate will contact the contractor as to the cost to include the resident's in the project and whether or not this could be accomplished. The Township Utility Engineer's Associate did point out if the homes could be added, the TWA Application would need to be approved and approval could take at least 90 days.

DaPuzzo questioned how many other homeowners are on the street that are not included on the petition. The Mayor shall provide the information.
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June 20, 2002
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Council requested a list of the costs which could be incurred. The Township Utility Engineer's Associate informed Council the analysis of the project could take 3 months.

Council concurred the Mayor shall write a letter to the residents informing them it is not possible for their homes to be added to the Phase 4 Sewer Project.

Spiech returned to the meeting.

2c. Verbal Status Report
None.

LEGAL
3a. Construction Agreement with Bergen County for Wyckoff Avenue and Forest Road Intersection
Spiech questioned who will be paying for Item F on page 3 of the Agreement (Conduct a street Lighting Survey and provide additional lighting facilities as indicated by the survey). The Township Engineer answered that is part of the scope of work to be completed by his company.

Calandrillo questioned when the work is scheduled to start. The Township Engineer answered March of 2003.

The Township Engineer received a telephone call from the County that the cost of the sanitary sewers in this area will be borne by the Township.

Resolution shall be prepared for the June 27, 2002 Public Meeting.

3b. Lighting Ordinance; Discussion
Spiech informed the Council the Township Attorney prepared a list of topics for discussion on the Lighting Ordinance which was distributed to the Council.

DaPuzzo pointed out the proposed Ordinance could not be implemented until the two recreation fields are on-line. Should the Ordinance be adopted, half of the adult Softball Games would have to be cancelled.

The Township Attorney shall draft an Ordinance for Council's review at the July 11, 2002 Work Session/Public Meeting.

Spiech requested the Recreation Director prepare a schedule of the usage of the existing fields and a schedule of usage with the existing fields and two new recreation fields. Schedules will be
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June 20, 2002
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discussed at the July 11, 2002 Work Session/Public Meeting.

A motion by made by Calandrillo, seconded by Omsberg, all field lights shall go off at 9:00PM unless there is a special game where a special waiver was requested. Roll call vote: Calandrillo, yes; DaPuzzo, no; DiGiulio, no; Donigian, no; Omsberg, yes; Richter, no; Spiech, no. Motion fails.

Calandrillo and Omsberg left the meeting at 11:05PM.

ADMINISTRATION
4a. Estimated Third Quarter Tax Bills
The Chief Financial Officer recommends no action be taken at this time as the situation may be resolved by next week.

4b. Leaf Compost Facility Permit; Renewal
Resolution shall be prepared for the June 27, 2002 Public Meeting.

4c. Change Order #7; Municipal Building
Mayor Martel pointed out it was his understanding that the Township was to be given an $8,000 credit. The Township Engineer responded the contractor feels that less of a credit should be given.

The Township Engineer shall provide additional information on this item by the June 27, 2002 Public Meeting.

Resolution shall be prepared for the June 27, 2002 Public Meeting.

4d. 2003 Renewal; Bergen County Municipal Joint Insurance Fund
Resolution shall be prepared for the June 27, 2002 Public Meeting.

4e. Award of Contract; Testing Services - Carried to July 11, 2002 Work Session/Public Mtg.

4f. Additional Architectural Fees; Municipal Building
Calandrillo questioned who is calling the meetings. The Mayor answered the contract stipulates how many meetings will be attended by the architect. The Township is approached a critical stage in the building process where it may be necessary for the architect to attend the meetings more frequently.


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June 20, 2002
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Richter questioned if the meetings of the SubCommittee were deducted from the amount allocated in the contract. The Mayor answered no.

Resolution shall be prepared for the June 27, 2002 Public Meeting.

4g. State Contract Award; T-0200: Mailroom Equipment and Maintenance Various State Agencies
Resolution shall be prepared for the June 27, 2002 Public Meeting.

4h. Amend Resolution #147-02 (Award of Bid #02-07: Route 202 Recreation Facility Contract #2 Concession Stand)
Resolution shall be prepared for the June 27, 2002 Public Meeting.

TOWNSHIP COUNCIL/MUNICIPAL CLERK
5a. Recommendations of Beautification Sub-Committee; Discussion (DiGiulio)
Item shall be carried until later on in the year.

Administration shall write letter for donations to pay for the banners, etc.

DiGiulio requested the Department of Transportation be contacted on a clean up and maintenance program along their properties. And about repairs to be made to the Route 202 trestle.

5b. Notification to Residents of Items on Agendas; Discussion (DiGiulio)
DiGiulio recommended when actions are taken by the Council area residents are notified via the newspaper.

Richter suggested when the new Councilmembers come on board a profile be written up on each Councilmember on added to the website.

5c. 2002/2003 Kennel Applications
Resolution shall be prepared for the June 27, 2002 Public Meeting.

5d. Resolution Urging State Not to Reduce Funding for Grant Programs on Community Forestry
Resolution shall be prepared for the June 27, 2002 Public Meeting.

5e. 2002 Senior Citizens Activities Survey; Discussion (Spiech)
Spiech received the survey information at the recent Senior Citizens Meeting. Spiech suggested
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the Council consider a full time Activities Coordinator for the Senior Citizens Center. Item will be considered with the 2003 Municipal Budget.

5f. Application for Junior Firefighter Ryan B. Barber to Fire Company #3
Resolution shall be prepared for the June 27, 2002 Public Meeting.

5g. Resolution Supporting A-273; Legislation to Return Polling Hours to 7:00AM to 8PM
Resolution shall be prepared for the June 27, 2002 Public Meeting.

RESOLUTIONS
Resolutions #181-02 and #182-02 were removed from the Agenda by the Chief Financial Officer on June 19, 2002.

COUNCIL COMMENTS/COMMUNICATIONS
Spiech informed the Council that the approval on the purchase of water from United Water has been received.

DiGiulio pointed out that many residents are placing rocks close to the road. She asked that the Property Maintenance Officer contact these residents.

DiGiulio asked to have the Township sweeper out and around town as she notices a lot of dirt on the streets. Administration shall notify the Director of Public Works.

CLOSED SESSION
On a motion by DaPuzzo, seconded by Richter, the Council went into closed session at 11:23PM for the express purpose of discussing potential litigation. All in favor. Motion carried.

On a motion by DaPuzzo, seconded by Richter, Council returned to open session at 11:37PM. All in favor. Motion carried.

On a motion by Richter, seconded by DaPuzzo, the meeting was adjourned at 11:38PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk



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