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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, OCTOBER 23, 2003

The Meeting was called to order at 8:00PM by Council President Richter who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 14, 2003 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, October 23, 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 at 8:09PM, Kelly, Paton, Richter and Spiech.

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


APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Kelly, the Bills and Claims, previously signed, totaling $3,621,690.93, were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, absent; Kelly, yes; Paton, yes; Spiech, yes; Richter, 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 September 4, 2003 were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, absent; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

On a motion by Calandrillo, seconded by DaPuzzo, the Closed Session Meeting Minutes of September 11, 2003 and Public Meeting Minutes of September 11, 2003 were approved. Roll call vote: Calandrillo, recused; DaPuzzo, yes; DiGiulio, absent; Kelly, yes; Paton, abstain; Spiech, yes; Richter, yes.

REPORT OF TOWNSHIP COUNCIL
Calandrillo reported the Beautification SubCommittee met. The Franklin Turnpike/Miller Road Intersection Plans were discussed. Concerns were addressed. The Girl Scouts will be working with the Parks Department on planting flowers around town. The SubCommittee discussed instituting a Mahwah Pride Award for businesses in Town or residents who spruce up their property.

DaPuzzo attended the Crocker Mansion Tour sponsored by the Mahwah Museum. He thanked Mr. Bill Dator and Mr. Tom Dunn for providing the history on the house.

Kelly attended the Crocker Mansion Tour sponsored by the Mahwah Museum.

Paton attended the Crocker Mansion Tour sponsored by the Mahwah Museum. He spoke with Mr. Tim Rose of Flyte Tyme Limousine and Mrs. Carol Greene of the Mahwah Museum about possibly having tours around town of the historic sites.

Paton met with a few Seniors and discussed information on the history and facts for the League Resolution Meeting on COAH.

Paton referred to the two questions on the ballot for the General Election. He, as an individual, sent a letter to the newspapers on the two questions; LOSAP and Green Acres.

Spiech attended the Crocker Mansion Tour sponsored by the Mahwah Museum. He thanked Mr. Schlessinger for making the mansion available.

Spiech attended the Senior Citizens Luncheon.

Richter worked as a Trustee and Lecturer at the Crocker Mansion Tour. She thanked Mrs. Carole Greene for all of her work.

DiGiulio attended the recent Girl Scout presentation.

DiGiulio attended the Woman’s Club Meeting. The Woman’s Club thanked everyone who attended the Fashion Show.

REPORT OF THE MAYOR AND BUSINESS ADMINISTRATOR
The Business Administrator reported the demolision of Fire Company #1 has started. The Groundbreaking Ceremony has been scheduled for November 2, 2003 at 1:30PM at Fire Company #1.

The Business Administrator met with the Recreation Director. Information on the usage of the fields will be provided to Council shortly.

GENERAL PUBLIC DISCUSSION
On a motion by Spiech, seconded by Paton, the meeting was opened to the public at 8:23PM. All in favor. Motion carried.

Being no comments were made from the public, on a motion by Calandrillo, seconded by Paton, the meeting was closed to the public at 8:24PM. All in favor. Motion carried.

ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR ACQUISITION OF LAND FOR OPEN SPACE IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $3,500,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,100,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THREOF.

RESOLUTION – ORDINANCE NO. 1466

Introduced by Calandrillo, seconded by Paton.

On a motion by DaPuzzo, seconded by DiGiulio, the meeting was opened to the public at 8:27PM. All in favor. Motion carried.

Richter asked for assurance that the condominium associations in the area are happy with what is being proposed.

Mrs. Ellen Stein of 68 Fisher Road advised Council that all of the 10 communities of CAM are in favor of pursing the acquisition of property. A meeting was held with Councilwoman Calandrillo and the Mayor with the Condominium Associations. Mrs. Stein feels this is important for the town.

DaPuzzo pointed out the purpose is also to expand the active recreation in the Township with soccer, baseball, etc.

Spiech suggested residents walk the property. He is concerned about what is going to be put on the property. Spiech clarified if the Township does not get the money to offset the purchase from the Airmont Avenue property the property will be sold.

Kelly agrees with what he is hearing. He suggested a walk be scheduled with the Township Engineer.

Paton has walked the property. He read a statement into the record on the acquiring the property on Ridge Road.

Richter asked how much of the property is usable. She understood this will be a park with something for everyone. Richter suggested Mrs. Stein bring back to her organization that it is possible there will be recreation fields on the property.

Calandrillo attended a meeting in March. A conceptual discussion was held. A plan discussed was for the lower end of the property, if possible, to be used for fields.

DiGiulio clarified at the present time there is not a plan for the property. She feels the needs of the people should be assessed, She feels a plan agreeable to everyone should be discussed.

On a motion by Paton, seconded by Spiech, the meeting was closed to the public at 8:46PM. All in favor. Motion carried.

RESOLVED that this Ordinance be passed and adopted on first reading.
FURTHER RESOLVED that said Ordinance will be considered for final passage at a meeting to be held on November 13, 2003 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: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, no; Richter, yes.

* * *

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 1445 ENTITLED SALARY ORDINANCE 2003.

RESOLUTION – ORDINANCE NO. 1467

Introduced by Calandrillo, seconded by Paton.

RESOLVED that this Ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said Ordinance will be considered for final passage at a meeting to be held on November 13, 2003 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: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

* * *

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 7 ENTITLED “TRAFFIC” AND CHAPTER 8 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH ENTITLED “PARKING METERS AND PARKING LOTS” TO PROVIDE FOR AN INCREASE IN THE PENALTY PROVISIONS FOR ILLEGAL HANDICAPPED PARKING.

RESOLUTION – ORDINANCE NO. 1468

Introduced by Calandrillo, seconded by DiGiulio.

Kelly asked how many citations have been issued. The Business Administrator shall inquire.

RESOLVED that this Ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said Ordinance will be considered for final passage at a meeting to be held on November 13, 2003 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: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

* * *

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 2 OF THE TOWNSHIP MUNICIPAL CODE ENTITLED “ADMINISTRATION” TO ESTABLISH THE RANKS AND POSITIONS IN THE POLICE DEPARTMENT.

RESOLUTION – ORDINANCE NO. 1469

Introduced by Spiech, seconded by DiGiulio.

Spiech asked for all members of the Council to be equally informed of information distributed. Spiech further asked for how many Police Officers the Township had in December of 1998, 1999, 2000, 2001 and 2002. The Business Administrator shall obtain information. Richter requested the information be provided prior to the Ordinance Public Hearing.

RESOLVED that this Ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said Ordinance will be considered for final passage at a meeting to be held on November 13, 2003 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: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.
ORDINANCES – PUBLIC HEARINGS
The title of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING THE TOWNSHIP OF MAHWAH TO ENTER INTO A LEASE AGREEMENT WITH THE CENTER FOR FOOD ACTION IN NEW JERSEY INC. FOR USE OF LOT 54.01 IN BLOCK 135.

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

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

On a motion by Spiech, seconded by Calandrillo, the following resolution was withdrawn.

RESOLUTION – ORDINANCE NO. 1461

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

* * * *

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 4 OF THE MUNICIPAL CODE ENTITLED "GENERAL LICENSING" TO PROVIDE MODIFICATIONS TO THE TOWING ORDINANCE.

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

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

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

RESOLUTION – ORDINANCE NO. 1464

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, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.
* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 24 OF THE TOWNSHIP MUNICIPAL CODE ENTITLED "ZONING" TO PROVIDE FOR TEMPORARY SIGNS ADVERTISING EVENTS SPONSORED BY NOT-FOR-PROFIT ENTITIES.

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

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

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

RESOLUTION - ORDINANCE NO. 1465

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; Spiech, yes; Richter, yes.

CONSENT AGENDA
Resolutions #150-03A and #151-03A were removed from the Consent Agenda and voted on separately.

Resolutions #152-03A through #158-03A and the Raffle Applications for the Immaculate Conception Church and St. Paul's Interparochial School - Parent Faculty Guild were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

RESOLUTIONS
Resolutions #159-03A and #160-03A were voted on separately and are attached to and made part of these Meeting Minutes.

NEW BUSINESS
Resolutions #161-03A through #167-03A were voted on separately and are attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS/COMMUNICATIONS
Spiech asked how many nights the Township will be paying for at the League of Municipalities. The Municipal Clerk answered three nights.

Spiech asked if the plaque on the wall outside of the Meeting Room in this Building is going to be changed. The Business Administrator will check into.

Paton informed Council he will be out of town from November 1 through 7, 2003.

Paton informed Council the high school has an upcoming play The Miracle Worker. They will be collected used glasses outside of the play.

DaPuzzo asked for the COAH Expiration to be placed on an Upcoming Work Session meeting Agenda. Calandrillo pointed out the Housing Commission is working on this and shall keep the Council informed.

Calandrillo suggested Council look at an Ordinance to restrict the number of signs which can be put up. The Township Attorney shall inquire.

DiGiulio asked for as schedule of the Miller road Plans.

DiGiulio asked for temporary lighting to be placed on the side of the museum during the Fire Company #1 renovations.

Kelly requested the Lighting Ordinance be placed on an upcoming Work Session Agenda.

Richter requested Peterson Place be placed on the next Work Session Agenda.

DiGiulio asked the Business Administrator why Oweno Road was opened.

DiGiulio requested a review be done throughout the Township for extra lights to be installed. Item shall be placed on an Upcoming Work Session Agenda.

Kelly asked Administration the status of the chain on Olney Road. The Business Administrator shall inquire and informed Council.

REPORT OF SUBCOMMITTEES
Spiech recently attended a Flood Control Meeting is Suffern.

Spiech recently attended a Watershed Area 3 Management Meeting. The Village of Tuxedo is considering building 1200 housing units.

Paton reported the Township Attorney is reviewing the discount for senior citizens. More information will be forthcoming.

Kelly reported the Transportation SubCommittee Minutes have been given to the Municipal Clerk to distribute.

PUBLIC PORTION
On a motion by Calandrillo, seconded by DaPuzzo, the meeting was opened to the public at 10:26PM. All in favor. Motion carried.

Mrs. Ellen Stein of 68 Fisher Road thanked the Council for moving forward with the acquisition of the McBride Property.

Mr. Peter Cassotis of 107 South Mahwah Road feels the Township should look at what needs to be done to make the Ridge Road property usable. Mr. Cassoitis informed Council that the Scheduling Report will not reflect rainouts. Kelly shall ask for this information to be included in the report. Paton asked for the new sports added this year to be included in the report. The Business Administrator clarified this is a Current Usage Report.

On a motion by Paton, seconded by DaPuzzo, the meeting was closed to the public at 10:33PM. All in favor. Motion carried.

CLOSED SESSION
On a motion by Paton, seconded by Kelly, Council went into closed session at 10:34PM for the purpose of discussing Pending Litigation. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Kelly, Council returned to open session at 10:52PM All in favor. Motion carried.

On a motion by Calandrillo, seconded by Kelly, the meeting was adjourned at 10:53PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk




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