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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, MARCH 11, 2004

The meeting was called to order at 8:03 PM 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 on Thursday, March 11, 2004 at 8:00 PM in the Council Chambers at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey.

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, Richter and Spiech.

Also present were Mayor Richard Martel, Business Administrator Brian Campion, Township Attorney Nilufer DeScherer and Municipal Clerk Kathrine G. Coletta.

PRESENTATION; 2nd MAHWAH PRIDE AWARD TO MAHWAH BAR AND GRILL
Chris and Craig Knunesh accepted the Award on behalf of Mahwah Bar and Grill.

PRESENTATION; ATHLETES LAUREN ZACCONE and JENNIFER WENGER
Richter presented the Awards to Lauren and Jennifer.

PUBLIC HEARING; MAHWAH III ASSOCIATES
The Township Attorney advised the Public Hearing was scheduled for the matter of litigation. The litigation was not settled. On a motion by Kelly, seconded by Calandrillo, the Public Hearing would be adjourned to a later date. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, recused.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by DaPuzzo, the Bills and Claims previously signed totaling $4,546,645.07 was approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, recused on voucher #02-3726 and #03-2104, yes; Paton, yes; Richter, yes; 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 Kelly, the following minutes were approved: the Public Meeting of November 13, 2003; Budget Work Session of February 24, 2004; Budget Work Session of January 21, 2004; Budget Work Session of January 24, 2004; Budget Work Session of January 28, 2004; Budget Work Session of January 31, 2004 and Budget Work Session of February 11, 2004. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes. Richter abstained on the Budget Work Sessions of January 28, 2004 and February 11, 2004.

REPORT OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Calandrillo was pleased the Mahwah Pride Award went to Mahwah Bar and Grill.



Public Meeting Minutes
March 11, 2004
Page 2

Spiech will be attending a meeting with the Highlands Commission. He attended an Inter-Local Watershed Meeting. On Tuesday and Wednesday, in Paramus, a program on Computer Aid Management on GIS is scheduled. The Senior Club had there meeting today.

Richter was contacted by the President of the Board of Education regarding the progress between the Board of Education and the Township on the fields. DaPuzzo advised they had a rough draft of an Agreement. He expects it to be resolved in the next week or two.

DaPuzzo reminded everyone on April 7th the Bergen County Board of Chosen Freeholders will be conducting their meeting in the Council Chambers. The Work Session starts at 5:00 PM and the Public Meeting will start at 8:00 PM.

REPORT OF MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel – no report.

Business Administrator – no report.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Spiech, the meeting was opened to the public at 8:24 PM. All in favor. Motion carried.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue has a problem with water flowing on his property. Mr. Tsotsoros will bring to the Business Administrator’s attention. Mr. Tsotsoros suggested voicing his concerns with the Board of Chosen Freeholders on April 7th.

Mr. Richard Brummerhop, A & P Manager, referred to the Township Ordinance on the sale of goods outside the store. They have had flowers outside the store for years. Mr. Brummerhop asked permission to sell flowers for Mother’s Day of for consideration of a Special Permit. Richter will get information for the March 18th Work Session. Calandrillo asked for a clarification between 8 hours or 24 hours. Kelly requested the Business Administrator to pass along to writer of the letter, which section of the Code Book was being violated.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue if money had been budgeted to update the Township Tax Maps. DaPuzzo stated that would be under the Engineering Budget.

Mrs. Virginia Sochulak of 46 North Railroad Avenue asked where the utilities for the new road being constructed behind her road would be located. Mrs. Sochulak was advised to speak to the Building Department.

Being no further comments were made from the public, on a motion by DaPuzzo, seconded by Calandrillo, the meeting was closed to the public at 8:45 PM. All in favor. Motion carried.

ORDINANCES – PUBLIC HEARINGS
The title of an Ordinance was read as follows:
AMENDMENT TO CHAPTER 2 OF THE MUNICIPAL CODE ENTITLED “ADMINISTRATION” TO ESTABLISH THE RANKS AMD POSITIONS IN THE POLICE DEPARTMENT


Public Meeting Minutes
March 11, 2004
Page 3

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

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

On a motion by Calandrillo, seconded by DiGiulio, the following resolution was considered:

RESOLUTION – ORDINANCE NO. 1476

RESOLVED that the Ordinance be passed and adopted on second reading and the Clerk is authorized to advertise the Ordinance by title only as having been finally adopted, as required by law. Roll call vote: Calandrillo, no; DaPuzzo, no; DiGiulio, no; Kelly, no; Paton, no; Richter, yes; Spiech, yes. Motion fails.
****

The title of an Ordinance was read as follows:
AUTHORIZATION FOR ACQUISITION OF AN AFFORDABLE HOUSING UNIT LOCATED AT 194 LARCH LANE IN BLOCK 139, LOT 194

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

Being no comments from the public, on a motion by Calandrillo, seconded by DaPuzzo, 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. 1477

RESOLVED that the Ordinance be passed and adopted on second reading and the Clerk is authorized to advertise the Ordinance 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, yes; Spiech, yes.

ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
ESTABLISHMENT OF PROCEDURES TO ADOPT PERSONNEL PRACTICES AND AUTHORIZING THE BUSINESS ADMINISTRATOR TO IMPLEMENT SAID PRACTICES WITH ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE
EMPLOYEES, VOLUNTEERS AND INDEPENDENT CONTRACTORS OF THE TOWNSHIP

RESOLUTION - ORDINANCE NO. 1478

Public Meeting Minutes
March 11, 2004
Page 4

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 on March 25, 2004 at the Municipal Offices 475 Corporate Drive, Mahwah, New Jersey at 8:00 PM.

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, yes; Spiech, yes.

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

RESOLUTION - ORDINANCE NO. 1479

Introduced by Kelly, 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 on March 25, 2004 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00 PM.

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, no; Spiech, no.

CONSENT AGENDA
Resolutions #059-04 through 069-04 were voted on under the Consent Agenda. Resolutions are attached to and made a part of these minutes.

Resolutions #070-04 and #071-04 were withdrawn and carried to next week.

On a motion by Calandrillo, seconded by Kelly, the Raffle Applications from Ramapo College of New Jersey and Immaculate Conception Church were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.



Public Meeting Minutes
March 11, 2004
Page 5

COUNCIL COMMENTS/COMMUNICATIONS
DaPuzzo stated Earth Day is April 25th and it will take place at the Lake Henry site. Those interested will meet on Halifax Road. The clean up will be from 9AM to 3PM.

Calandrillo stated the County Board of Chosen Freeholders asked if Council should provide items for discussion. Calandrillo also voiced concern over the traffic by the Young World Day School.

Kelly asked for the County Board of Chosen Freeholders to comment on the Airmont property and that the Freeholders are with us in regards to the swapping of the property.

DiGiulio stated there would be a discount card provided to the Volunteers and raised concern over the County Park and Open Space owned by the County.

REPORTS OF SUBCOMMITTEES
Kelly stated the Transportation Subcommittee met on March 1, 2004 and discussed the Township Bus Stops. Kelly is waiting on a revision of the Bus Stops and a memorandum in regards to this from the Police Department. This will be listed in the Township Newsletter under Transit Check.

Paton stated a small group of Cable Subcontractors will be looking at the system and equipment.

DaPuzzo stated the Mahwah/Wyckoff Deannexation was scheduled, and the meeting with Wyckoff was rescheduled for Monday at 10AM.

DiGiulio stated there will be a sign up for seniors interested in the Garden Club on April 12, 2004.

DiGiulio stated she met with Mr. Hallissey and was looking into the possibility of purchasing Recycling Bins for purchase by residents. DiGiulio will present this to Council at a later date.

Kelly stated there would be a Transportation Subcommittee Meeting on May 10, 2004.

On a motion by Calandrillo, seconded by Spiech, the meeting was opened to the public at 9:16PM. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Paton, the meeting was closed to the public at 9:18PM. All in favor. Motion carried.

CLOSED SESSION
On a motion made by Calandrillo, seconded by DaPuzzo, Council went into closed session at
9:19PM for the purposes of discussing Pending Litigation; AIC Corporation, Pending Litigation;

Mahwah III Associates, and Contract Negotiations; Board of Education Athletic Field. All in
favor. Motion carried.


Public Meeting Minutes
March 11, 2004
Page 6

On a motion by Calandrillo, seconded by Paton, Council came out of Closed Session at
10:18PM. All in favor. Motion carried.

On a motion made by Calandrillo, seconded by Kelly, the meeting was adjourned at 10:19
PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr










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