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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, OCTOBER 28, 2004

The meeting was called to order at 8:03PM 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, October 28, 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 (at 8:13PM), Kelly, Paton, and Roth
Absent: Councilmember Richter

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

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Paton, the Bills and Claims, previously signed, totaling $4,405,321.94, 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, absent; Kelly, yes; Paton, yes; Roth, yes; Richter, absent.

REPORT OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Kelly stated earlier today there was a meeting of the GIS Committee. The GIS activity is beginning to move forward. The Transportation Subcommittee Report will be acted upon shortly.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Roth, the meeting was open to the public at 8:07PM. All in favor. Motion carried.

Ms. Julia Smith of 1201 Norfolk Road had a question about the sidewalks being installed on Kingbridge Way. Ms. Smith wanted to know if curb cuts would be included so wheelchairs can get up and down easily. The Business Administrator stated yes there will be curb cuts where the sidewalks meet the intersection and this work is slated to be done in the spring.



Public Meeting Minutes
October 28, 2004
Page 2

Ms. Ellen Stein, President of Community Associations of New Jersey, of 69 Fisher Road asked if there was anything going to be discussed about the McBride Property tonight. The Business Administrator stated it was on the agenda, and there will be a separate Public Session to discuss this item.

Mr. Allan Kidd of 111 Miller Road stated he was happy to see Kelly presiding over the meeting tonight. Mr. Kidd accused Council and Administration of botching three building projects this year to include the Municipal Building, the Continental Soldiers Field, and the Firehouse Co. #1. Mr. Kidd stated it was foolish to embark on a Police Department Addition in light of the current problems with these previous buildings/projects that remain incomplete.

Mr. Albert Kidd of 851 Darlington Avenue applauded Roth for pushing for clarification and resolve in regards to the faulty water valves.

Mr. Kidd stated the Business Administrator intended to assess property owners for sidewalk repair; he felt this was inappropriate.

Mr. Kidd asked the Township Attorney where it stated that the Township was exempt from Property Maintenance Codes. The Township Attorney stated there was a body of State Case Law that applies. Mr. Kidd stated the dumpsters at the Department of Public Works have trapped water, and the oil tanks are leaking due to the trapped water. Mr. Kidd also cited uncovered salt piles. Mr. Kidd stated this is an environmental hazard and needs to be looked into.

On a motion by Paton, seconded by Roth, the meeting was closed to the public at 8:16PM. All in favor. Motion carried.

PRESENTATIONS BY BEAUTIFICATION SUBCOMMITTEE
DiGiulio, on behalf of the Mayor, Council, and the Beautification Subcommittee, thanked all that were involved in the recent planting and beautification of the Mahwah Township Senior Gardens. DiGiulio presented Ms. Barbara Trent with flowers; the Township Nurseries including Secor Farms, Hedgewick Gardens and Cedar Hill Nurseries, and Ms. Suzanne Small with plaques, Ms. Small presented the Senior Center with a plaque. DiGiulio presented the Girl Scout Troops with Resolutions for their assistance.


PUBLIC HEARING; BERGEN COUNTY OPEN, SPACE, RECREATION, FARMLAND AND HISTORIC PRESERVATION TRUST FUND APPLICATION
The title of a notice and application was read as follows:


Public Meeting Minutes
October 28, 2004
Page 3

BERGEN COUNTY OPEN SPACE, RECREATION, FARMLAND & HISTORIC PRESERVATION TRUST FUND FOR FUNDING ASSISTANCE TOWARD THE ACQUISITION OF THE OPEN SPACE LAND LOCATED AT BLOCK 135.01, LOT 60.05 BETWEEN MACARTHUR BOULEVARD AND RIDGE ROAD, MAHWAH, NEW JERSEY.

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

The Business Administrator explained the Application and the history of the Application. The subject McBride property was purchased as “at risk” property. A pre-application had been made to the New Jersey Department of Environmental Protection Green Acres for Diversion of property on Airmont Avenue so the proceeds of the diversion sale could be applied to the acquisition costs of the McBride property. The diversion request was denied for several reasons including the fact the Township had not applied for funding to offset the acquisition cost of the McBride property. The McBride property cost $3,400,000.00. A grant of $1,100,000.00 is sought from BCOST. If funding is not obtained by diversion or funding from the County and the State to offset the price, Administration maintains the primary position that the McBride property should be sold and placed on the tax rolls.

Roth questioned whether the filing of the Grant Application would jeopardize the Diversion Application, and if a Grant Application could be declined after a Grant Application was approved? The Business Administrator, Township Attorney and Kelly all stated yes, to the best of their knowledge a Grant Application could be declined after approval.

Ms. Ellen Stein, the President of Community Associations of New Jersey, of 69 Fisher Road, stated she was not in favor of the application because it would jeopardize the diversion application.

Mr. Allan Kidd of 111 Miller Road stated Ms. Ellen Stein’s comments should not be cut short and that her comments should be seriously considered.

Mr. Albert Kidd of 851 Darlington Avenue stated there was too much tax exempt open space in the Township including the Danza property which was not properly utilized.

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

The Business Administrator again stated the Administration’s reasons for the application.

Public Meeting Minutes
October 28, 2004
Page 4

Kelly discussed the application.

Roth questioned whether the application or grant could be declined.

DiGiulio stated in the past a Grant could be declined.

On a motion by Paton, seconded by Calandrillo, Resolution #165-04A was approved. This Resolution is attached to and made part of these Meeting Minutes.

****

CONTINUATION OF PUBLIC HEARING – TO BE CARRIED
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

RESOLUTION – ORDINANCE NO. 1492

On a motion by Calandrillo, seconded by Paton, the following Ordinance was carried.
Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, absent.

****

ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE OF THE TOWNSHIP OF MAHWAH AMENDING SECTION 2-26.2 ENTITLED “FEES” FOR COPIES OF PUBLIC RECORDS BY ADDING SUBSECTION “D” ENTITLED MUNICIPAL COURT DISCOVERY

RESOLUTION – ORDINANCE NO. 1502

Introduced by Calandrillo; second by Roth

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


Public Meeting Minutes
October 28, 2004
Page 5

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, absent. Motion carried.

CONSENT AGENDA
Resolution #158-04A, #159-04A, #161-04A, #162-04A, #164-04A, and #167-04A were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolution #160-04A, #163-04A (with amended changes), #165-04A, #166-04A, and #168-04A were removed from the Consent Agenda and voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS /COMMUNICATIONS
Paton stated there was an interesting discussion at the Board of Education Meeting concerning bus transportation and if they were to rule or not support Courtesy Bussing and they would save a little under $400,000.00; however $100,000.00 would be consumed due to inefficient routes so the Board of Education may see a savings of $300,000.00 due to these changes (if made) in their Budget.

Paton stated the Board of Education also supported an Internet Training Program since the Township is no longer involved in it.

Calandrillo stated the Local Assistance Board met briefly and due to the Holiday Season there are many families that require assistance. Calandrillo invited all to support this worthy cause if they felt so inclined; they are in dire need of food gift certificates.

DiGiulio extended her thanks for the participation in tonight’s presentations.

DiGiulio asked if the paving on Fardale Avenue was ever looked at. The Business Administrator said the Township Engineer said he looked at it and Council should expect a report for next weeks meeting.

Kelly stated Council received a letter from a resident about concerns on Gieger Road. Kelly asked the Township Engineer to look into this. The Business Administrator said he saw the Department of Public Works doing some repairs in this area; however, he will contact the Township Engineer with regards to this issue.


Public Meeting Minutes
October 28, 2004
Page 6

Kelly asked to check on the table in Meeting Room 202 as the top of the table is not fastened, and a chair that is not stable, and he is concerned with the liability issues that could arise

REPORT OF SUBCOMMITTEES
Roth stated the long range Planning and Business Finance Committee Meeting is for November 4, 2004 at 7:30PM and a plan for structuring a Master Status Report for
the Council to include all active projects and resident concerns will be primary on the Agenda.

Paton stated the Cable Subcommittee Meeting would be meeting on Tuesday, November 3, 2004 and Paton mentioned a memorandum sent out for any comments from Council to assist him in preparing a final document.

Paton advised Council to be careful when considering the closing of Olney Road due to the fact that it could affect bussing.

DiGiulio stated the Beautification Subcommittee meetings are set for November 1, 2004 and December 1, 2004 for discussion on decoration in front of the Township Museum, the purchase of wreaths around Veteran’s Park.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Paton, the meeting was opened to the public at 9:44PM. All in favor. Motion carried.

Ms. Ellen Stein of 69 Fisher Road stated she was disappointed in Council’s actions concerning the Grant Application.

Mr. Allan Kidd of 111 Miller Road applauded Roth’s representation of the Township in regards to cutting back and keeping taxes as low as possible. Mr. Kidd asked if Roth’s presentation was not on the Agenda because Richter did not want to see it on the Agenda. Kelly answered no.

Mr. Kidd implied, in regards to the Boswell Holiday Party, that Boswell was “buying” their position in the Township. Kelly asked Mr. Kidd, rather then making random accusations, to bring his complaints to the County Ethics Board.

Mr. Albert Kidd of 851 Darlington Avenue thanked Roth for his fiscal responsibility. Mr. Kidd proceeded to complain about construction issues at Fire Co. #1 that have not been rectified. Mr. Kidd also complained about the Township purchasing properties. Mr. Kidd stated he did not understand the Township’s spending practices.


Public Meeting Minutes
October 28, 2004
Page 7

On a motion by DiGiulio, seconded by Alderisio, the meeting was closed to the public at 9:53PM. All in favor. Motion carried.

On a motion by Calandrillo, seconded by DiGiulio, the meeting was adjourned at 9:54PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr









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