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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, DECEMBER 9, 2004


The meeting was called to order at 8:05 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 6, 2004 and August 16, 2004 stating this meeting would be held on Thursday, December 9, 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, Kelly, Paton, Richter, and Roth
Absent: Councilmember DiGiulio

Also present were Business Administrator Brian Campion, Township Attorney’s Associates Nilufer DeScherer and Craig Bossong, and the Municipal Clerk Kathrine G. Coletta.

CLOSED SESSION
On a motion made by Paton, seconded by Alderisio, Council went into closed session at
8:06 PM for the purposes of discussing Potential Litigation; NJDEP Diversion
Application. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Alderisio, Council came out of Closed Session
at 8:45PM. All in favor. Motion carried.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Roth, the Bills and Claims, previously signed, totaling $5,920,279.33 were approved. All in favor. Motion carried. 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 Public Meeting Minutes of April 29, 2004 were approved. Roll Call Vote: Alderisio, abstain; Calandrillo, yes; DiGiulio, absent; Kelly, yes; Paton, yes; Roth, abstain; Richter, yes. Motion carried.

On a motion by Paton, seconded by Kelly, the Work Session Meeting Minutes of May 20, 2004 were approved. Roll Call Vote: Alderisio, abstain; Calandrillo, abstain; DiGiulio, absent; Kelly, yes; Paton, yes; Roth, abstain; Richter, yes. Motion carried.


Public Meeting Minutes
December 9, 2004
Page 2

On a motion by Calandrillo, seconded by Roth, the Public Meeting Minutes of July 29, 2004 were approved. Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, absent; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

On a motion by Roth, seconded by Paton, the Work Session Meeting Minutes of August 26, 2004 were approved. Roll Call Vote: Alderisio, yes; Calandrillo, abstain; DiGiulio, absent; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

On a motion by Calandrillo, seconded by Roth, the Work Session Meeting Minutes of September 9, 2004 were approved. Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, absent; Kelly, abstain; Paton, yes; Roth, yes; Richter, yes. Motion carried.

On a motion by Calandrillo, seconded by Roth, the Public Meeting Minutes of September 9, 2004 were approved. Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, absent; Kelly, abstain; Paton, yes; Roth, yes; Richter, yes. Motion carried.

PRESENTATION OF DESIGN GUIDELINES BOOKLET AND MAHWAH HERITAGE AWARDS; HISTORIC PRESERVATION COMMISSION
Ms. Marthajean Drago, Chairwoman of the Mahwah Historical Preservation Committee, presented a copy of the Design Guidelines Booklet for the Historic Preservation Commission to the Council. Ms. Drago explained the booklet to Council and stated it would be made available to the public at no cost. Ms. Drago thanked McCabe and Associates for the excellent job they did on the booklet.

Paton suggested copies of the booklet to be made available to the schools. Ms. Drago stated this was an excellent suggestion.

Ms. Drago stated the Mahwah Heritage Awards started in 1992 and at present have presented these awards to over 30 recipients. Mayor Richard Martel and Richter presented plaques to the four recipients of 2004 who were the Mahwah Museum Society (Mr. John Bristow and Ms. Carole Greene accepted), the Mount Zion Church (Rev. Richard E. Collins accepted), Mark and Nancy Nichols; The Westervelt-Hosey House (addition) were not able to attend, and Ken Woetzel and Lee Ann Worth-Woetzel (new construction) were also not able to attend.

REPORT OF THE TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Calandrillo stated the tree lighting was very well attended.

Calandrillo offered condolences to Chief Kevin Larkin and his family on the loss of Chief Larkin’s father.

Paton stated he attended the Senior Club Meeting today and the Senior Luncheon which was very well attended.
Public Meeting Minutes
December 9, 2004
Page 3

Paton also attended an Ordinance Sub-Committee Meeting between Richter, the Municipal Clerk and himself which he will give further details about during Council Comments and Communications.

REPORT OF THE MAYOR AND BUSINESS ADMINISTRATOR
No Reports.

MAYOR’S PROCLAMATION
Mayor Martel read a proclamation concerning the Immaculate Conception Church’s “Diamond Jubilee Celebration” which will last from December 12, 2004 to December 11, 2005 celebrating their theme “75 years – Our Family in Faith.”

ORDINANCES - INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE REPEALING ORDINANCE #65 ADOPTED BY THE TOWNSHIP OF HOHOKUS ON JUNE 19, 1930, REGARDING MOUNTIAN AVENUE

RESOLUTION – ORDINANCE NO. 1504

Introduced by Calandrillo, seconded by Alderisio.

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 January 13, 2005 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 vote: Alderisio, yes; Calandrillo, yes; DiGiulio, absent; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

****

The title of an Ordinance was read as follows:
AN ORDINANCE VACATING A PORTION OF MOUNTAIN AVENUE

RESOLUTION – ORDINANCE NO. 1505

Introduced by Calandrillo, seconded by Alderisio.

Public Meeting Minutes
December 9, 2004
Page 4

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 January 13, 2005 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 vote: Alderisio, yes; Calandrillo, yes; DiGiulio, absent; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

****

ORDINANCES-PUBLIC HEARINGS
The title of an ordinance was read as follows:
AN ORDINANCE OF THE TOWNSHIP OF MAHWAH AUTHORIZING THE SALE OF LOT 26 IN BLOCK 3, A VACANT UNDERSIZED PARCEL OF LAND LOCATED ON STAG HILL ROAD PURSUANT TO THE LOCAL LANDS AND BUILDINGS LAW

RESOLUTION – ORDINANCE #1503

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

Mr. Allan Kidd of 111 Miller Road asked how large the lot was. The Business Administrator stated approximately 50 x 130 feet. Mr. Kidd stated the value of the property is worth more then $10,000.00 and the Township could stand to make more money on this sale if it was better researched.

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

Kelly stated he recommended the minimum bid should be no less then the assessed value and he would prefer to see the sale of the property be closer to that figure.

Alderisio stated this is a useless lot, and $10,000.00 was a profitable amount for the Township to accept for a lot like this. Roth concurred, stating this was a non-conforming and deed restricted lot that no one else would be interested in purchasing.

Kelly apologized, stating he had this lot confused with another, and asked to have his prior comments overlooked.
Public Meeting Minutes
December 9, 2004
Page 5

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

RESOLUTION – ORDINANCE NO. 1503

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, absent; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.


PUBLIC PORTION
On a motion by Calandrillo, second by Kelly, the meeting was opened to the public at 9:23PM. All in favor. Motion carried.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue stated Council inferred that Lot 26 in Block 3, located on Stag Hill Road, yet it was assessed for $17,000.00+. Mr. Tsotsoros wondered why the Township did not opt to keep the property rather then selling it for less then the assessed value.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue asked why the Planning Board advertises in the Ridgewood Newspaper. The Township Attorney stated that the Ridgewood News is the paper that was approved by the Council as having enough circulation to publish in. Richter concurred.

Mr. Albert Kidd of 851 Darlington Avenue asked about Outside Sales and if there was any development on this. Richter stated it is being reviewed by the Ordinance Sub Committee.

Mr. Kidd stated the Township put Granny’s Attic out of business by taking crucial square footage from the front of the building.

Mr. Kidd asked to explain the procedure in filing Ethic’s Complaints. Richter stated you file with the County. The Township Attorney said you could file with the County or the State.

Mr. Allan Kidd of 111 Miller Road stated Council was misled in regards to who actually investigates matters of Ethics, State or County. Mr. Kidd stated Richter does not know who actually investigates these matters, and it would be easier just to have our own Ethics Committee. Mr. Kidd cited the Police Department and the Building Department needed to be investigated by an Independent Council.

Public Meeting Minutes
December 9, 2004
Page 6

Mr. Kidd referred to a newspaper article in regards to Chief Batelli’s Christmas Wish List. Mr. Kidd stated that many of the Chief’s ideas on spending were frivolous and that he should have consulted the Mayor prior to the interview.

Richter stated that anything the Police Department wishes to purchase with the recouped money must be first approved by the Bergen County Prosecutor’s Office. Mr. Kidd stated the Township Attorney and the Business Administrator both have ties with the Bergen County Prosecutor’s Office and any request would be “rubber stamped” yes.

On a motion by Calandrillo, second by Alderisio, the meeting was closed to the public at 9:36PM. All in favor. Motion carried.

CONSENT AGENDA
Resolutions #185-04A, #187-04A through #197-04A, and Raffle Applications for the Temple Beth Haverim (On Premise), Ramapo Ridge HSO (On Premise), and Mahwah Ice Hockey Association (Off Premise) were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolution #186-04A was removed from the Agenda and voted on individually. Resolution is attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS AND COMMUNICATIONS
Roth stated he was meeting with the Business Administrator tomorrow afternoon at 1PM concerning the Document Management System Proposal. Paton stated he would also be at that meeting.

Paton referred to a large tree trunk on Masonicus Road that needs to be removed due to safety issues. The Business Administrator will contact the Department of Public Works.

Paton stated the meeting with Cable Vision in January will need to be rescheduled.

Calandrillo wished all a happy Holiday Season.

Kelly thanked the Recreation Department for all their work on the Holiday Tree Lighting.
Kelly asked Richter if there would be discussion concerning Meadow Avenue next week. Richter said yes.

Roth asked about the 20” Water Main Report. The Township Attorneys Associate stated Council would receive a report next week.



Public Meeting Minutes
December 9, 2004
Page 7

PUBLIC PORTION
On a motion by Calandrillo, second by Kelly, the meeting was opened to the public at 9:45PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue asked for the rental agreement for the Banta House. According to Mr. Kidd, a Municipal Employee is living there. Mr. Kidd wanted to know how much rent this employee was paying. The Business Administrator stated he would look into it.

Mr. Kidd asked about the fence line in regards to the Banta House property line and if it was legal. Richter stated she would look into it. The Township Attorney’s Associate stated she would look into it further.

Mr. Kidd asked what the settlements were for the Orange and Rockland vs. Mahwah case. Mr. Kidd asked if he could file for the information. Richter said yes.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue asked about cars on Wyckoff Avenue and why Council took action. Mr. Tsotsoros alleged it had to do with fumes. Richter said no, it had to do with illegal turns and safety issues. Mr. Tsotsoros became very agitated, would not direct his questioning towards Richter, then began requesting a set of minutes. The Township Attorney stated Mr. Tsotsoros would need to get them from the Municipal Clerk.

Mr. Allan Kidd of 111 Miller Road stated it was nice that Council recognized historical residences. Mr. Kidd then cited a resident who also wished to renovate four historical structures was harassed so much by the Township’s Building Department that he decided to plow down the buildings and construct the new Wachovia Bank instead of renovating the four original structures. Mr. Kidd suggested more leniencies in regards to the Township Building Department’s rules concerning historic renovations.

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

On a motion by Calandrillo, seconded by Kelly, 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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