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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, AUGUST 12, 2004

The meeting was called to order at 8:00 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, August 12, 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 Alderisio, Calandrillo, DiGiulio (Present at 8:06PM), Kelly, Paton, Roth, and Richter.

Also present were the Business Administrator, Township Attorney Menelaos Toskos and Municipal Clerk Kathrine G. Coletta.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Kelly, the Bills and Claims, previously signed, totaling $3,036,046.79 were approved. All in favor. Motion carried. A list of Bills and Claims is on file in the Municipal Clerk’s Office.

REPORT OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
REPORT OF MAYOR AND BUSINESS ADMINISTRATOR
No reports.

MAYOR’S PROCLAMATIONS
On behalf of the Mayor, the Business Administrator read the two Eagle Scout Proclamations; Eagle Scout Nicholas Persaud and Eagle Scout Sebastien Persaud.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Kelly, the meeting was open to the public at 8:06pm.

Mr. Walter Kress of 7 Thunderhead Place asked for a response from Council on a request for another meeting concerning Sewer Assessment. The Township Clerk stated she would send correspondence to Mr. Kress about the upcoming Sewer Assessment Meeting date.

Mr. Walter Kress requested a credit back due to his problems with the Sewer Assessment concerning Thunderhead Place. Richter asked if Mr. Kress met with the Sewer

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August 12, 2004
Page 2

Assessment Commission and if he had brought his concerns to them at the appropriate meeting time.

Kress said yes, and that the Sewer Assessment Commission referred Mr. Kress back to Council.

Richter stated she expected to be receiving a Written Report shortly from the Sewer Assessment Commission with their recommendations. Calandrillo asked for a time frame from the Sewer Assessment Commission in regards to when Council would receive this report and if the paving will effect snow removal.

Mr. Walter Kress complained about the water pressure and quality of water in his neighborhood. Mr. Kress provided discolored water drawn from his own faucet. Mr. Kress felt that this was a serious health issue.

Mr. Walter Kress asked to see what the Township Engineer’s Report recommended concerning the water pressure problems on Thunderhead Place. Richter stated this item has been discussed with the Township Utility Engineer, and the Township was taking the whole area and situation into consideration due to several complaints similar to those of Mr. Kress.

Mr. Walter Kress asked for a copy of the Township Engineer’s approval for Hovanian to tie into the two water lines.

Mr. Ted Stockblower of 43 Thunderhead Place asked Council about the status of the flushing out of the water mains in his area. Mr. Stockblower complained about the water pressure being below 20 PSI in his home.

Mr. Allan Kidd of 111 Miller Road suggested reviewing the Salary Ordinance to make sure everyone was at the Township for a full time work day. Mr. Kidd brought up Mr. John Lane having other work related schedules planned during his Mahwah Township work day.

Mr. Allan Kidd accused Mr. Gary Montroy of conducting political activities during his Mahwah Township work day. Mr. Kidd stated the Business Administrator was not qualified to oversee Mr. Montroy during the Mahwah Township work day because there is a conflict of interest stating that the Business Administrator and the Township Attorney are both Mr. Montroy’s attorneys.

Mr. Allan Kidd stated in regards to the International Property Maintenance Code, that was being revisited, the Township Municipal Building was in violation of this code. Mr. Kidd also alleged that Mr. Montroy’s back yard was not in compliance with the

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August 12, 2004
Page 3

International Property Maintenance Code. Richter stated Mr. Kidd would have to take this up with the Township Building Inspector.

Richter asked Mr. Allan Kidd to approach the microphone to be heard. Mr. Kidd did not comply, and continued speaking. Richter asked Mr. Kidd to speak into the microphone a second time and he complied.

Mr. Allan Kidd became belligerent, accusing the Business Administrator and the Township Attorney of improper conduct and conflict of interest in regards to Mr. Montroy. Mr. Kidd further badgered Richter by asking questions about an item removed from this evening’s meeting, and stated Richter did not know how to run a meeting.

Mr. Allan Kidd threatened to come to each of the Council’s homes to see if they were in violation of the International Property Maintenance Code. Richter asked Mr. Kidd to address the Council with proper questions, or to sit down. Mr. Kidd threatened to sue the Township. Richter stated if Mr. Kidd intended to sue, she had nothing further to say to him, and his time is up.

Mr. Kidd then directed his verbal attack at Calandrillo, ordering her to bring the entire condominium complex she lived in up to code. Calandrillo addressed Mr. Kidd by suggesting he contribute something positive to the Township, rather then threatening to sue the Township that he once aspired to be Mayor of.

Mr. Allan Kidd further beleaguered Richter, and told her to revise the Ordinances. Richter stated Council would do that if Council saw the need.

Mr. Albert Kidd of 851 Darlington Avenue stated that the Township Water Departments send out a letter of propaganda, pointing out mistakes in the letter, and cautioning there may be more.

Mr. Albert Kidd demanded to know if the Township was spending $200,000.00 for a footbridge across the Ramapo River. Richter stated he was correct. Mr. Kidd angrily addressed the Council and stated the Township was idiotic for spending this much money. Mr. Kidd took the Lord’s name in vain, Richter asked him to refrain from this, and that she took offense to it. Mr. Kidd apologized.

Mr. Albert Kidd stated the Township was ripping the people off in regards to the Water Department which was supposed to be a self sustaining entity. Mr. Kidd also stated the pool was supposed to be self sustaining. Richter stated the pool was self sustaining and the Township only did maintenance when necessary because the Township owns the pool.

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August 12, 2004
Page 4

Mr. Albert Kidd asked about the drainage at Fire Company #1 stating it was supposed to be zero run-off and the Clerk of the Works should have paid more attention to this
situation. Mr. Albert Kidd asked how much the Clerk of the Works was paid per year. The Business Administrator stated the Clerk of the Works was paid $40,000.00.

Mr. Albert Kidd asked if Fire House #1 had a Certificate of Occupancy yet. The Business Administrator stated the Certificate of Occupancy had not been issued yet.

Mr. Albert Kidd asked why the Township was stupidly entertaining someone from Rio Vista concerning sidewalks from MacArthur Boulevard to the Seminary Road. Richter stated it was not stupid to the people from Rio Vista, and they had the same rights to ask Council to review matters as Mr. Kidd had.

Mr. Albert Kidd addressed the bus stops on Franklin Turnpike and complained about the bus stop and trash left in front of his Mother-In-Laws home.

Mr. Albert Kidd asked if all employees in the Building Department were full time as per the Salary Ordinance. Richter stated she believed so, and asked the Business Administrator to correct her if she was wrong. The Business Administrator stated the employees were all full time, but some of them had “two job hats”.

Mr. Albert Kidd asked if there were written Job Descriptions available to the public. The Township Attorney stated if they existed, Mr. Kidd could have them. The Business Administrator said they did exist.

Mr. Albert Kidd asked what was happening with the Township Municipal Building and if we had had a Clerk of the Works here. Richter said yes.

Mr. Denis Hurley of 582 Wyckoff Avenue asked if there was any resolution made concerning the Young World Day School issue. Mr. Hurley asked if this was being carried as an open item. Richter said yes. Mr. Hurley stressed that he did not want to see someone get hurt, and he asked if Council could resolve this matter. Richter said she would look into it.

On a motion by Calandrillo, seconded by Kelly, the Public Session was closed at 8:38PM. All in favor. Motion carried.

ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE TO AMEND SCHEDULE XIII OF CHAPTER VII OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MAHWAH DESIGNATING BUS STOPS IN THE TOWNSHIP OF MAHWAH

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August 12, 2004
Page 5

RESOLUTION – ORDINANCE NO. 1492

Introduced by Kelly; second by Calandrillo

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 September 9, 2004 at the Municipal Offices 475 Corporate Drive, Mahwah, New Jersey at 8PM.

FURTHER RESOLVED that the Clerk publish said ordinance with notice of introduction, passage, and time and place where said ordinance will be considered for final passage.

Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

***
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 10 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH ENTITLED “BUILDING AND HOUSING” TO PROVIDE FOR AMENDMENTS TO THE PROPERTY MAINTENANCE CODE.

On a motion by Kelly, seconded by DiGiulio, the following resolution was withdrawn.

RESOLUTION – ORDINANCE NO. 1493

Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. All in favor. Motion carried.

***

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF MAHWAH REGARDING THE OFFICE OF EMERGENCY MANAGEMENT TO INCREASE THE MEMBERSHIP TO TWENTY-FIVE (25) MEMBERS

RESOLUTION – ORDINANCE NO. 1494

Introduced by Calandrillo; second by Paton

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August 12, 2004
Page 6

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 August 26, 2004 at the Municipal Offices 475 Corporate Drive, Mahwah, New Jersey at 8PM.

FURTHER RESOLVED that the Clerk publish said ordinance with notice of introduction, passage, and time and place where said ordinance will be considered for final passage.

Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, recused; Paton, yes; Roth, yes; Richter, yes. Motion carried.

***

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH ENTITLED “ADMINISTRATION” TO MODIFY THE MEMBERSHIP OF THE SENIOR CITIZEN ADVISORY COMMITTEE

RESOLUTION – ORDINANCE NO. 1495

Introduced by DiGiulio; second by Calandrillo

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 August 26, 2004 at the Municipal Offices 475 Corporate Drive, Mahwah, New Jersey at 8PM.

FURTHER RESOLVED that the Clerk publish said ordinance with notice of introduction, passage, and time and place where said ordinance will be considered for final passage.

Roll Call Vote: Alderisio, recused; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

Request for Rezoning of Property; N. Central Avenue and Mac Arthur Boulevard
Mr. Mark McGuire and Mr. Richard Kapner stated they were presenting in reference to the Conference Center as distributed in booklet form to Council. The property is located at the corner of North Central Avenue and MacArthur Boulevard.

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August 12, 2004
Page 7

Alderisio asked if there would be any outside parking. Mr. McGuire stated there will be surface parking as well as a single level parking garage. There will be up to 400 available valet parking spaces.

Roth asked about the traffic pattern in regards to Route 17. Mr. McGuire stated the Planning Board just approved a site plan regarding a suggested common driveway, traffic light and pass through utilizing Russo Brothers who are not interested in that piece.

Roth stated there was a conditional approval that Russo Brothers was going to apply to the Department of Transportation for a traffic light and Roth wondered why Russo
Brothers was not interested in this anymore. McGuire stated it was because Russo Brothers had doubts about getting approval from the Department of Transportation.

Richter stated the conferences for 100+ people Mr. Kapner was proposing for his facility may not be attainable in Mahwah; however she felt there was a market for daytime conferences for 40+ people in Mahwah.

Paton voiced concern over the 1200 person capacity and what that may do to traffic in the area. Paton further asked how many staff members would be in attendance for a 1200 person function. Mr. Kapner stated 1 waitress for 15 people which would be approximately 80. Paton stated this would require 80 more parking spaces of the proposed 325 parking spaces. Paton stated the use of the property appears to be greater then originally suggested after reading the proposal.

Kelly thanked Mr. Mark McGuire and Mr. Richard Kapner for their presentation.

Calandrillo suggested further discussion concerning this proposal for a Zoning Change at a future Work Session. Kelly concurred.

ORDINANCES - PUBLIC HEARINGS
The title of an ordinance was read as follows:
2004 SALARY ORDINANCE

On a motion by Calandrillo, second by Alderisio, the meeting was open to the Public. All in favor. Motion carried.

On a motion by Calandrillo, second by Roth, the meeting was closed to the Public. All in favor. Motion carried.



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August 12, 2004
Page 8

A motion to amend the 3 Blue Collar Positions (Director and 2 Superintendents) from 3% increase to a 3.5% increase was made by Calandrillo, seconded by DiGiulio. All in favor. Motion carried.

A motion to adopt was made by Calandrillo, seconded by DiGiulio.

RESOLUTION – ORDINANCE NO. 1490

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: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, absent. Motion carried.

****

The title of an ordinance was read as follows:
AN ORDINANCE AUTHORIZING ACQUISITION OF UTILITY EASEMENTS ON LOT 9 AND LOT 10 IN BLOCK 171, LOCATED ON FOREST ROAD, AND LOT 42 IN BLOCK 171, LOCATED ON WYCKOFF AVENUE

On a motion by Calandrillo, second by Paton, the meeting was open to the Public. All in favor. Motion carried.

On a motion by Roth, second by DiGiulio, the meeting was closed to the Public. All in favor. Motion carried.

A motion to adopt was made by Calandrillo, seconded by Roth.

RESOLUTION – ORDINANCE NO. 1491

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: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, absent. Motion carried.

****

CONSENT AGENDA
Resolution #062-04A was removed from the Agenda.

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August 12, 2004
Page 9

Resolution # 060-04A, #061-04A, #063-04A through #067-04A were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

RESOLUTIONS
Resolution # 069-04A, #070-04A, #072-04A and the Raffle Application for St. Catherine of Bologna School (Off-Premise, 50/50) were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #068-04A and #071-04A were removed from the Consent Agenda and voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS AND COMMUNICATIONS
Calandrillo stated that her thoughts were with the Governor and his resignation.

Richter stated there would be a brief 9/11 Ceremony at Veteran’s Park and a wreath will be placed by the tree along with a moment of silence. All were invited to attend.

DiGiulio suggested focus to be on Emergency Services and Veteran’s Groups as well.

Richter stated there will be no meeting next week and there will be a double meeting on August 26, 2004.

DiGiulio stated the Senior Pool Picnic is set for next Thursday.

REPORTS OF SUBCOMMITTEES
Calandrillo stated there was an error in the date for the Beautification Sub-Committee Meeting. It was not September 3rd it was September 1st.

DiGiulio stated that flags have been offered by Suffern and Oakland for display and baskets have been made for poles and decorating.

DiGiulio stated the gardens have turned out beautiful.

DiGiulio stated September would be declared by the Mayor as Beautification Month.

DiGiulio asked for blank Christmas Cards for the phone cards for the Veterans.

Roth stated the Finance Sub-Committee Meeting would be at 7:30PM on Wednesday August 18th.

The Business Administrator stated he wished for the amendment to stay in place concerning the Civil Rights Bill.
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August 12, 2004
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Richter stated MacArthur Realty said there was a misconception about the parking. There will be no shuttle buses. Any shuttling from Datascope will be for employees only.

On a motion by Calandrillo, seconded by Roth, the meeting was adjourned at 9:50PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr

















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