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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, FEBRUARY 20, 2003

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 12, 2002 stating this meeting would be held in the Municipal Offices, 300B Route 17 South, Mahwah, New Jersey at 8:00PM on Thursday, February 20, 2003.

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, DiGiulio, Kelly, Paton, Richter and Spiech.
Absent: Councilman DaPuzzo.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Engineer’s Representative Michael Kelly and Municipal Clerk Kathrine Coletta.


PUBLIC PORTION (30 MINUTES)
On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public at 8:05PM. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Kelly, the meeting was closed to the public at 8:06PM. All in favor. Motion carried.

SUBMISSION OF BILLS AND CLAIMS
Any Councilmembers with questions on the Bills and Claims was asked to see Administration prior to the February 27, 2003 Public Meeting.

ENGINEERING (Boswell-McClave)
1a. Home Depot USA Inc.; Route 17 North and Constantine Drive; Block 64, Lots 16, 17, 18, 20 and 21 and Block 66, Lots 1, 2 and 3; Request for Execution of Developer’s Agreement (Dkt. #434)
Resolution, authorizing the Mayor and Municipal Clerk to execute the Agreement, shall be prepared for the February 27, 2003 Public Meeting.

1b. Mahwah Realty Associates Inc. - Quest II Facilities (New York Sports Club); Leighton Place and Edison Road; Block 181, Lots 1, 3 and 4; Request for Release of Maintenance Guarantee (Dkt. #813-92SP)
Resolution, authorizing the release of the maintenance guarantee, shall be prepared for the February 27, 2003 Public Meeting.

Work Session Meeting Minutes
February 20, 2003
Page 2



1c. First Union Bank; Franklin Turnpike and Lawrence Road; Block 72, Lots 1, 20 and 22 through 26; Request for Execution of Developer’s Agreement (Dkt. #429)
Item removed from Agenda; required escrow money not posted.

1d. Light; Route 202 and Darlington Avenue
Professional Services Agreement authorizing Boswell McClave Engineering to prepare the Topographic Survey associated with the Mahwah Intersection Project at Ramapo Valley Road and Darlington Avenue at a cost not to exceed $9,600. shall be prepared for the February 27, 2003 Public Meeting.

1e. K. Hovnanian at Mahwah IX Inc. (Cherry Ridge Estates); Stephens Lane, Arthur Court and Olney Road; Block 70, Lot 49; Request for Release of Performance Guarantees
(Dkt. #107-AP-F)
Removed from Agenda. Township Engineer awaiting letter from Developer.

1f. Proposal; SPCC - Department of Public Works
Professional Services Agreement authorizing Boswell McClave Engineering to prepare a Spill Prevention, Control and Countermeasure Plan for the Department of Public Works at a cost not to exceed $3,500. shall be prepared for the February 27, 2003 Public Meeting. The Township Engineer’s Representative advised Council an additional fee for the Topographic Survey would not be charged as the document has already been prepared.

1g. Verbal Status Report
None.

LEGAL
2a. Amendment; Site Plan Ordinance
Carried; Township Attorney and Township Engineer are working on.

2b. Municipal Open Space Tax
Township Attorney requested item be carried to the March 6, 2003 Work Session Meeting.

2c. Ordinance #1430; Planning Board’s Response
The Township Attorney advised Council the Planning Board recommended the proposed Ordinance not be adopted at this time.

Ordinance public hearing scheduled for February 27, 2003.



Work Session Meeting Minutes
February 20, 2003
Page 3



2d. Public Park Regulations
The Business Administrator suggested Chapter 9 of the Township Code be updated.

The Township Attorney and Recreation Director shall meet to prepare a draft Ordinance for Council’s consideration.

2e. Property Transfer Deannexation
Straw poll vote to move forward with the deannexation of the property: Calandrillo, no; DaPuzzo, absent; DiGiulio, no; Kelly, no; Paton, no; Richter, no; Spiech, no.

The Township Attorney shall advise the Property Owner’s Attorney the Township wishes to retain the property.

2f. Amendment; Building Code Fees
The Construction Official will be at the March 20, 2003 Work Session Meeting to explain further.

2g. Proposed Ordinance; Cell Phone Usage
Straw poll vote to adopt legislation prohibiting cell phone usage while operating a motor vehicle in
the township: Calandrillo, no; DaPuzzo, absent; DiGiulio, no; Kelly, yes; Paton, no; Richter, yes; Spiech, yes. Straw poll tie. Straw poll fails.

2h. Senior Rent Control; Discussion
The Township Attorney shall research this item further and report to Council.

Spiech requested the Rent Control Ordinance from Rutherford. Municipal Clerk shall obtain.

Township Attorney shall also research Bill #HR-2035 and report back to Council.

DiGiulio suggested a meeting be held between the Township and COAH.

ADMINISTRATION
3a. Mayor’s Proclamation; “Read Across America Day” - March 3, 2003
3b. Mayor’s Proclamation; “YMCA Awareness Month” - March, 2003
Mayor Martel shall read the above two Proclamations at the February 27, 2003 Public Meeting.

3c. Award of County Contract #11-BeCCP: Office Paper
Resolution shall be prepared for the February 27, 2003 Public Meeting.



Work Session Meeting Minutes
February 20, 2003
Page 4



3d. Award of Bid #MTB-03-03: Township of Mahwah Auto Parts
Item carried at the request of Administration.

3e. Amendment; Resolution #146-02A: Lease Extension of Two Photocopy Machines
Resolution shall be prepared for the February 27, 2003 Public Meeting.

3f. Emergency Temporary Appropriation
Resolution shall be prepared for the February 27, 2003 Public Meeting.

3g. Transfer of 2002 Appropriation Reserves
Council requested backup information. Administration shall provide.

DiGiulio pointed out at the Budget Work Session Meeting the Department Head was asked about overtime and responded there was none in the department.

Resolution shall be prepared for the February 27, 2003 Public Meeting.

3h. Teleport Communications New York; Discussion
Attorney for the firm will be invited to the March 20, 2003 Public Meeting.

Business Administrator shall request a resolution from the Township Engineer on roads within Township not being tore up for a period of time after they have been paved unless an emergency exists.

3i. 2003 Pool Manager’s Contract
Spiech requested on page 7, Item #17 of the Contract the wording “with the approval of the Business Administrator” be added.

Resolution shall be prepared for the February 27, 2003 Public Meeting.

3j. 2003 Pool Rate Change
Council concurred the rates for the pool shall remain the same for 2003.

3k. Open Space Recreation Plan
Resolution shall be prepared for the February 27, 2003 Public Meeting.

3l. Participation; Northwest Bergen Cooperative Pricing Program
Resolution shall be prepared for the February 27, 2003 Public Meeting.


Work Session Meeting Minutes
February 20, 2003
Page 5



3m. Change Order #12; New Municipal Building; Daibes Brothers
Kelly requested to be kept up-to-date on the situation.

Resolution shall be prepared for the February 27, 2003 Public Meeting.

3n. Proposed Change Order #13; New Municipal Building; Daibes Brothers
Resolution shall be prepared for the February 27, 2003 Public Meeting.

3o. Report; Recreation Field Maintenance Usage; Discussion
Item carried to March 6, 2003 Work Session Meeting.

3p. Fire Company #1 Expansion; Additional Professional Fees
Calandrillo made a motion, seconded by DiGiulio, to request the architect waive the $12,000 architectural fee. All in favor. Motion carried.

Mayor Martel shall contact the architect on Council‘s request.

TOWNSHIP COUNCIL/MUNICIPAL CLERK
4a. Jr. Firefighter Application; Jessica S. Freeman; Fire Company #1
Resolution shall be prepared for the February 27, 2003 Public Meeting.

4b. Cragmere Area Drainage; Discussion (Kelly)
Township Engineer requested to prepare proposal for Council’s consideration.

4c. Support of Resolution from Paramus Point Pleasant; Smart Bill Legislation
Council concurred not to support resolution.

4d. Firefighter Application; Frank J. Yacopino; Fire Company #5
Resolution shall be prepared for the February 27, 2003 Public Meeting.

REPORT OF SUBCOMMITTEES
Paton reported the Cable Advisory Committee met. Comments from the members were positive. The committee has been broken up into 5 groups.

Kelly reported the Transportation SubCommittee met last Tuesday. The SubCommittee is working on the bus stops and renovations in the area of the train station. Next meeting is scheduled for April 14, 2003.



Work Session Meeting Minutes
February 20, 2003
Page 6




DiGiulio reported at the next Work Session Meeting the Township Engineer will be making a presentation on the Veterans Park, Franklin Turnpike renovations.

Richter reported she spoke with the Superintendent of Schools on the date of the meeting with Council. Council concurred to meet on April 2, 2003 at 8:00PM at the school. Richter shall advise the Superintendent of Schools.

Richter received a request from the Board of Education for the Township Council to adopt a resolution supporting the upcoming school referendum. Resolution shall be on the February 27, 2003 Public Meeting.

COUNCIL COMMENTS/COMMUNICATIONS
Spiech referred to a memorandum received from the Environmental Commission on recommendations of trees which would be unattractive to gypsy moths. Spiech will contact the Environmental Commission on the recommendation.

Kelly thanked the Mayor and Council for the flowers following his surgery.

DiGiulio complimented the DPW on the plowing done during the recent snow storm. DiGiulio questioned if the Township will be applying for any reimbursement. The Business Administrator responded the Governor held a press conference and when asked if municipalities would be reimbursement snow plowing costs the Governor answered no. The Business Administrator will research further.

DiGiulio reminded any department looking for grants to let Administration know.

Richter reported she recently spoke to Mr. Gallione on grants. They will be meeting to discuss grants further.

Mayor Martel complimented the DPW workers for the job done during the recent snow storm. The DPW has started and will continue to open storm drains in anticipation of the heavy rains this weekend.

Spiech thanked the residents to clearing the snow from their sidewalks during the recent snow storm.

The Business Administrator reported the $40,000 to refurnish two of the Board of Education fields will be included in the 2003 Budget. The Budget is scheduled for be introduced on February 27, 2003.

Work Session Meeting Minutes
February 20, 2003
Page 7



On a motion by Calandrillo, seconded by Paton, the meeting was adjourned at 10:45PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk




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