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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, FEBRUARY 13, 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 on Thursday, February 13, 2003 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, Kelly, Paton at 8:04PM and
Spiech
Absent: Councilwoman Richter

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Menelaos Toskos and Municipal Clerk Kathrine Coletta.


SWEARING IN OF POLICE OFFICER ERIC LARSEN
Mayor Martel swore in Police Officer Eric Larsen.

POLICE DEPARTMENT AWARDS
Police Chief James Batelli presented awards to various police officers for their involvement in two recent arrests.

APPROVAL OF BILLS AND CLAIMS
The Business Administrator advised Council Payment #15 to Daibes Brothers will be reduced by $36,000 for an item which has not yet been accepted.

On a motion by Calandrillo, seconded by DaPuzzo, the Bills and Claims, previously signed, totaling $5,577,183.43, were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, absent; Spiech yes. A list of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES
On a motion by Calandrillo, seconded by Paton, the Work Session Meeting Minutes of January 16, 2003, Budget Work Session Meeting Minutes of January 18, 2003, Amended Budget Work Session Meeting Minutes of January 22, 2003 and the Amended Budget Work Session Meeting Minutes of January 25, 2003 were approved. Roll call vote: Calandrillo, abstained on Amended Budget Work Session Meeting Minutes of January 25, 2003 and yes to remaining; DaPuzzo, yes; DiGiulio, yes; Kelly, abstained on Budget Work Session Meeting Minutes of January 18, 2003 and yes to remaining; Paton, yes; Richter, absent; Spiech, abstained on Amended Budget Work Session Meeting Minutes of January 22, 2003 and yes to remaining.

REPORT OF TOWNSHIP COUNCIL
DaPuzzo attended the Planning Board Meeting on January 27, 2003. The Planning Board is requesting the Council take action to clean up Park Lane.

DaPuzzo advised Council at their February 10, 2003 Meeting the Planning Board discussed Council's request for comments on the rezoning of the Commodore Perry School property from PED to LOD. The Planning Board has recommended the Township Council delay adoption of the Ordinance.

DaPuzzo advised Council Mr. Earl Arbuckle of the Planning Board has resigned. Mr. James Trent has been appointed Assistant Secretary.

DiGiulio reported the Beautification SubCommittee met. The Meeting Minutes were distributed by the Township Engineer along with photographs of the light fixtures being recommended.

DiGiulio responded to comments made at a prior Council Meeting that stated she said "we negotiated for condos on the Airmont property". DiGiulio said she never said the statement. The Councilperson also claimed Kelly and DaPuzzo were present and heard the conversation. She checked with both Councilmembers and neither remembers the conversation. DiGiulio did speak with Paton and she said the property was zoned Green Acres and in order to change it the Township would have to swap property. DiGiulio said what was more disturbing to her was it was allegated she said "we". DiGiulio also said Paton said he spoke to the Mayor. DiGiulio spoke to the Mayor and the Mayor has no recollection of the conversation. DiGiulio referred to the Council Meeting which the Superintendent of Schools attended the meeting and was asked about the Silver Creek property. DaPuzzo also asked the School Board about the property and was told the property was not for sale. DiGiulio ended by saying she was offended by what was said when she was not at the Council Meeting.

DiGiulio attended the County Grant Meeting. The Senior Citizens Center received a grant for $45,000 for equipment.

Spiech attended the January 4, 2003 Meeting in Suffern on the Ramapo River Association.

Spiech attended the Senior Citizens Luncheon.

REPORT OF THE MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel attended the Ramsey Council Meeting.

MAYOR’S PROCLAMATION
Mayor Martel read a Proclamation entitled “Eagle Scout – Colin R. Mc Nulty”.
GENERAL PUBLIC DISCUSSION
On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public at 8:30PM. All in favor. Motion carried.

Ms. Julia Smith of 1201 Norfolk Road referred to a petition from the seniors within the Township which was send to Senator Garrett on Bill #2035. Ms. Smith asked if the Council has any other information on the lowering of the rent for seniors. Spiech answered the Township Attorney is researching a Rent Control Ordinance.

Mr. Larry Newhouse of the Franklin Heights Condominium Association spoke on Resolution #036-03. Mr. Newhouse asked for the Resolution to be tabled.

DiGiulio questioned if the comments have been received from the Condominium Associations of Franklin Heights and Franklin Crossings.

Mr. Peter Cassotis of 107 South Mahwah Road questioned three recreation fields being taken off line this year. Spiech said at the March 6, 2003 Work Session Meeting Council will be discussing the Airmont Field. Council requested Administration provides suggestions on what the property may be used for.

Kelly questioned the three recreation fields being taken off line. Administration will inquire with the Recreation Director.

Mr. Larry Newhouse of 1168 Chedworth Circle asked for a lower speed limit to be placed on Kingsbridge Way. Administration will contact the Police Department. Request will be made for Stop Sign to be installed.

Mr. Donald Marx of 202 Van Winkle Lane asked the Council if they ever asked Mr. Blueglass about the Silver Creek property. DiGiulio answered the Recreation SubCommittee did. DaPuzzo also asked at the Board of Education Meeting about the property, a straw poll was taken and failed.

Mrs. Lee Vold of 92 East Slope Road commented parts of Silver Creek Pond remain in wetlands.

On a motion by Kelly, seconded by DaPuzzo, the meeting was closed to the public at 8:50PM. All in favor. Motion carried.

************************************************************************
Kelly made a motion, seconded by DaPuzzo, to remove Resolutions #034-03 and
#036-03 from the Agenda until the Sign-Offs from the Condominium Associations are received. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, absent; Spiech, yes.
************************************************************************


RESOLUTION
Resolution #051-03 is attached to and made part of these Meeting Minutes.

ORDINANCES - INTRODUCTIONS
The title of an ordinance as read as follows:
BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $500,000 FOR THE BUILDING EXPANSION OF THE FIRE DEPARTMENT IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $475,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION.

On a motion by DaPuzzo, seconded by Calandrillo, the following resolution was passed and adopted:

RESOLUTION - ORDINANCE NO. 1433

BE IT RESOLVED by the Township Council of the Township of Mahwah that the Ordinance entitled BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $500,000 FOR THE BUILDING EXPANSION OF THE FIRE DEPARTRMENT IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $475,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE COST THEREOF be passed and adopted on first reading.

BE IT FURTHER RESOLVED that said Ordinance be further considered for final passage at a meeting to be held on March 13, 2003 at the Municipal Offices, 300B Route 17 South, Mahwah, New Jersey at 8:00PM or as soon thereafter as the matter can be reached and at such time and place all persons interested be given the opportunity to be heard concerning this Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be, and she is hereby authorized and directed to take all necessary actions pursuant to N.J.S.A. 40A:2-17 and to publish said Ordinance according to law with a notice of its introduction and passage on first reading, and of the time and place when and where such Ordinance will be further considered for final passage.

Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, recused; Paton, yes; Richter, absent; Spiech, yes.

***
The title of an Ordinance was read as follows:

AN ORDINANCE AMENDING THE NOTICE REQUIREMENTS UNDER CHAPTER 21 ENTITLED "LAND USE PROCEDURES".

RESOLUTION - ORDINANCE NO. 1434

Introduced by Calandrillo, seconded by DaPuzzo.

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 February 27, 2003 at the Municipal Offices, 300B Route 17 South, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the 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: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, absent; Spiech, yes.

***

The title of an Ordinance as read as follows:
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF THE TOWNSHIP OF MAHWAH TO REZONE LOT 5 AND LOT 6 IN BLOCK 55 FROM HIGHWAY BUSINESS (B-40) TO ONE FAMILY RESIDENTIAL (R-5).

RESOLUTION - ORDINANCE NO. 1435

Introduced by Calandrillo, seconded by Kelly.

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 March 13, 2003 at the Municipal Offices, 300B Route 17 South, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the 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: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, absent; Spiech, yes.

ORDINANCES - PUBLIC HEARINGS
The title of an Ordinance was read as follows:
AN ORDINANCE TO AMEND SCHEDULE XVIII OF CHAPTER VII OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH TO ESTABLISH A 35 M.P.H. SPEED LIMIT ON CORPORATE DRIVE.
On a motion by DaPuzzo, seconded by Calandrillo, the meeting was opened to the public. All in favor. Motion carried.

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

On a motion by Calandrillo, seconded by DaPuzzo, the following resolution was passed and adopted:
RESOLUTION - ORDINANCE NO. 1431

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

Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, absent; Spiech, yes.

***
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING SECTION 17-7.21 OF THE CODE OF THE TOWNSHIP OF MAHWAH ENTITLED "SEWER USER CHARGE SYSTEM".

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

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

On a motion by Calandrillo, seconded by Kelly, the following resolution was passed and adopted:

RESOLUTION - ORDINANCE NO. 1432

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

Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, absent; Spiech, yes.

CONSENT AGENDA
Resolutions #034-03 and #036-03 were tabled.

Resolutions #035-03, #037-03 through #048-03 were voted on under the Consent Agenda and are attached to and made part of these Meeting Minutes.



RESOLUTIONS
Resolutions #049-03, #050-03 and #051-03 were voted on individually and are attached to and made part of these Meeting Minutes.

NEW BUSINESS
Approval of Raffle Applications
On a motion by DiGiulio, seconded by Calandrillo, the Mahwah Ice Hockey Association Inc. and the Immaculate Conception Church Raffle Applications were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, absent; Spiech, yes.

PUBLIC PORTION
On a motion by DaPuzzo, seconded by Calandrillo, the meeting was opened to the public at 9:07PM. All in favor. Motion carried.

Being no comments were made from the public, on a motion by Calandrillo, seconded by DaPuzzo, the meeting was closed to the public at 9:08PM. All in favor. Motion carried.

COUNCIL COMMENTS AND COMMUNCATIONS
Calandrillo commented on the ethics of the Council. She went on further to say the Council has always had a peaceful working relationship. She feels if a Councilmember has questions of another Councilmember they should approach that Councilmember.

Paton said he appreciates Calandrillo's comments. He is standing by what he heard. He did attempt to meet with DiGiulio to talk to her.

DiGiulio commented she realizes Paton is sticking to what he heard. DiGiulio clarified Paton told her Kelly and DaPuzzo were present during the initial conversation. When she checked with both they did not recollect the discussion.

DaPuzzo referred to a meeting with the Recreation Director, DPW Foreman and a company which refurbishes fields. Item will be on the next Work Session Agenda.

REPORT OF SUBCOMMITTEES
Kelly reported the Transportation SubCommittee met on February 11, 2003. Refurbishing of the train station and bus stop posts were among the items discussed.

Kelly congratulated the Police Department on the awards given earlier in the meeting.

DiGiulio complimented Officer Loveman on the terrific job he is doing with the Child Safety Seat Program.

Kelly requested at the March 6, 2003 Work Session Meeting, Council be provided with options on the Airmont Avenue property. Spiech responded he is looking for recommendations from the Council as well as from Administration.

Kelly questioned who determined fields will be taken off line. Administration responded this item will be discussed further at the March 6, 2003 Work Session Meeting.

On a motion by Calandrillo, seconded by Kelly, the meeting was adjourned at 9:27PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk




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