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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, SEPTEMBER 30, 2004

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 6, 2004 and August 16, 2004 stating this meeting would be held on Thursday, September 30, 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, Kelly, Richter and Roth
Absent: Councilman Paton

Also present were Mayor Richard Martel, Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Attorney’s Associate Craig Bossong, and Municipal Clerk Kathrine G. Coletta.

PUBLIC PORTION
On a motion by Kelly, seconded by DiGiulio, the meeting was open to the public at 8:04PM. All in favor. Motion carried.

On a motion by DiGiulio, seconded by Roth, the meeting was closed to the public at 8:05PM. All in favor. Motion carried.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Kelly, the Bills and Claims, previously signed, totaling $544,485.23, were approved. A list of Bills and Claims is on file in the Municipal Clerk’s Office. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, absent; Roth, yes; Richter, yes.

APPROVAL OF MEETING MINUTES
On a motion by Calandrillo, seconded by Kelly, the Work Session Minutes of July 22, 2004 were approved. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, absent; Roth, yes; Richter, yes.

ORDINANCES INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 12 ENTITLED “FIRE PREVENTION” AND AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”

Public Session Meeting Minutes
September 30, 2004
Page 2

RESOLUTION – ORDINANCE NO. 1499

Introduced by Calandrillo, seconded by Roth.

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

FURTHER RESOLVED that said Ordinance be considered for final passage at a meeting to be held on October 14, 2004 at 8:00PM in the Council Chambers at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey.

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

****

The title of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING ACQUISITION OF BLOCK 2, LOT 42.

RESOLUTION – ORDINANCE NO. 1500

Introduced by Roth, seconded by Calandrillo.

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

FURTHER RESOLVED that said Ordinance be considered for final passage at a meeting to be held on October 14, 2004 at 8:00PM in the Council Chambers at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey.

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

****

The title of an Ordinance was read as follows:
AN ORDINANCE DELETING SECTION 2-24 ENTITLED “CODE OF ETHICS” OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH

RESOLUTION – ORDINANCE NO. 1501
Public Session Meeting Minutes
September 30, 2004
Page 3

Introduced by Calandrillo, seconded by Roth.

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

FURTHER RESOLVED that said Ordinance be considered for final passage at a meeting to be held on October 14, 2004 at 8:00PM in the Council Chambers at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey.

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

****

ORDINANCE: CONTINUATION OF PUBLIC HEARING
On a motion by Calandrillo, seconded by Roth, the Public Hearing on Ordinance #1492 was carried until October 14, 2004. Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, absent; Roth, yes; Richter, yes.

ORDINANCES-PUBLIC HEARINGS
The title of an ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 2 SECTION 26.4 OF THE MUNICIPAL CODE ENTITLED “FEES FOR DUPLICATE COPIES OF TAX
BILLS”AND AMENDING ORDINANCE 1441 AND AMENDING ORDINANCE 1454

RESOLUTION – ORDINANCE #1496

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

Mr. Allan Kidd of 111 Miller Road stated the Township Clock was wrong and the meeting was started 4 minutes prior to 8:00PM which made the meeting an illegal meeting. Richter asked Mr. Kidd to keep his line of question on Ordinance #1496. Mr. Kidd continued to complain about the time the meeting commenced. Richter asked Mr. Kidd to keep his questions in regards to Ordinance #1496. Mr. Kidd became quarrelsome towards Richter, demanding her to “do her job.” Richter asked Mr. Kidd to please take a seat. Mr. Kidd continued his tirade, and Richter cautioned him to settle down, or he would be removed from the Public Meeting.

On a motion by Calandrillo, second by Alderisio, the meeting was closed to the public.
Public Session Meeting Minutes
September 30, 2004
Page 4

All in favor. Motion carried.

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

RESOLUTION – ORDINANCE NO. 1496

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

****

The title of an ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF THE TOWNSHIP OF MAHWAH ENTITLED “TRAFFIC” TO PROHIBIT PARKING ON CHRISTIE AVENUE DURING CERTAIN HOURS AND DAYS.

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

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

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

RESOLUTION – ORDINANCE NO. 1497

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

****

The title of an ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH


Public Session Meeting Minutes
September 30, 2004
Page 5

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

Mr. Albert Kidd of 851 Darlington Avenue asked for clarification on the Ordinance. The Business Administrator provided answers for Mr. Kidd.

Mr. Allan Kidd of 111 Miller Road stated he is against this Ordinance being changed. Mr. Kidd continued to complain Richter was not doing her job properly, could not run a meeting properly, and stressed the need for a Code of Ethics Committee. Richter asked Mr. Kidd to stick to the order of business for this Ordinance. The Township Attorney stated Mr. Kidd had sufficiently stated his case and should afford Richter proper respect due during a meeting.

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

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

RESOLUTION – ORDINANCE NO. 1498

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

CONSENT AGENDA
Resolutions # 103-04A, #105-04A through #113-04A, and Raffle Applications for the Betsy Ross Home and School Organization Inc. (On Premise), Betsy Ross Home and School Organization Inc. (On Premise, 50/50), St. Catherine of Bologna School (On Premise, 50/50), St. Catherine of Bologna School (On Premise), HSO George Washington School (Games of Chance), were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #104-04A and #114-04A were removed from the Agenda and voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

NEW BUSINESS
Resolutions #115-04A through #118-04A, were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.


Public Session Meeting Minutes
September 30, 2004
Page 6

COUNCIL COMMENTS
Alderisio stated, in regards to the Bus Stop Ordinance, a bus stop sign is in the wrong spot and should be moved from the front of Mr. Albert Kidd’s Mother-in-laws home and moved 90 feet north and placed in front of Granny’s Attic.

Calandrillo stated Budget Sessions will be in the near future. Calandrillo asked for detailed sheets from all Departments. The Business Administrator stated the Department Heads should include this information.

Kelly stressed the need for consistent appointment of Firefighters. Kelly applauds all the new Firefighters.

Roth said Resolution #113-04A should have been more detailed in the Job Definition. Roth said in the future he will pull an item like this if the description is not detailed enough in the Resolution.

Richter asked if Assemblyman O’Toole, Russo, and Senator McNamara will be called upon to help in regards to requests for help in appeals. The Mayor said yes.

REPORT OF SUBCOMMITTEES
DiGiulio stated the Beautification Committee will place displays in front of the Museum, Train Station, and the Municipal Offices.

DiGiulio stated the plaques to be given to the nurseries on behalf of the Beautification Sub-Committee were ready, and she hoped to present them on the 28th of October.

DiGiulio stated the Beautification Committee will be purchasing wreaths for the holidays instead of banners. The Gazebo by the bridge will be lit as well.

DiGiulio stated banners were presented to the Volunteer Firefighters.

DiGiulio stated Mr. Brian Campion and Mr. Ed Sinclair were a big asset, and she formally thanked them for all of their help.

Kelly said he will be attending the Bergen County Transportation Summit on October 12, 2004. Kelly also stated on October 18th there is a projected Transportation Sub-Committee Meeting.

On a motion by Calandrillo, second by Kelly, the meeting was opened to the public at 8:40PM. All in favor. Motion carried.


Public Session Meeting Minutes
September 30, 2004
Page 7

Mr. Albert Kidd of 851 Darlington Avenue stated the rescue at the Ramapo River due to flooding should be assessed. Mr. Kidd stated that the rafters that were rescued should have to foot some of the bill.

Mr. Kidd asked about the Ordinance concerning Outside Sales. The Township Attorney stated it is being worked on.

Mr. Kidd stated the Township does not abide by their Ordinances.

Mr. Kidd stated the $200,000.00 being spent on the Ramapo River Footbridge was ridiculous. Mr. Kidd asked about the Park Property on Airmont Avenue. Richter stated a writer is coming in to help move this process along.

Mr. Allan Kidd of 111 Miller Road raised concerns over the recent Board of Ethics decision and the ethics of the entire town. Mr. Kidd proceeded to launch personal attacks on Township employees in general and then began to list names such as Mr. Gary Montroy. The Mayor stated he felt Mr. Kidd’s personal attacks against Council, and Township employees, should not be tolerated.

Mr. Kidd cursed, and the Mayor and Richter asked him to cease from cursing at the meeting. Mr. Kidd proceeded to curse, mocking the Council’s authority. Calandrillo asked Mr. Kidd to stop.

Mr. Kidd began making fun of Richter. Richter asked to have Mr. Kidd removed from the room.

On a motion made by Calandrillo, seconded by Kelly, the meeting was adjourned at
8:53PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr






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