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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, SEPTEMBER 23, 2004

The meeting was called to order at 8:05PM by Council President Richter who read the Open Public Meeting 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 23, 2004 at 8:00PM 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, Paton, Roth, and Richter.
Absent: Councilmember Kelly

Also present were the Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Attorney’s Associate Craig Bossong, Township Utility Engineer Justin Mahon, and Deputy Municipal Clerk Mary C. Ross.

In light of such a large attendance in regards to the Olney Road Discussion, Richter asked for this item to be moved up and heard first. Council concurred.

ADMINISTRATION
4a. Olney Road; Discussion
The Business Administrator stated correspondence in regards to Olney Road was provided to Council for review, in addition to correspondence from the public, and the Business Administrator asked Council to take action on this issue.

Richter stated there are many legalities involved on the opening and closing of Olney Road. As for now, Olney Road remains open and Council is bound by law; however, Richter stated Council needed to come to a final decision on this matter.

Richter asked Alderisio if there was an incident leading to this issue with Olney Road. Alderisio stated Olney Road was too narrow and there was a line of sight problem at Olney Road and Miller Road. People trying to avoid the traffic light at Stephens Lane would use Olney Road as a cut through which made traffic accidents at Miller Road and Olney Road a real possibility. Alderisio stated to his understanding Olney Road was to be closed; however, a chain was put up and it was never formalized.

Richter stated in a Memo from (Chief) Batelli in 1999, he voiced concern over the chain at Olney Road not being an approved method of closing a road off. A

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September 23, 2004
Page 2

permitted method would need to have approval from the New Jersey Department of Transportation. Richter stressed that steps were necessary to make the closing of Olney Road legal. The Township Attorney stated these steps would need to be initiated by Council.

Calandrillo stated she was all for the closing of Olney Road due to the safety issues. Calandrillo asked if the Department of Transportation needed to approve this type of closure in order to formalize it. The Township Attorney stated an Ordinance must be adopted reflecting this first.

Alderisio asked if action could be taken tonight? Richter stated if there were no problems, and everyone would have a chance to speak first.

Roth stated Council needed further information from the Planning Board and that there were similar problems in other areas of the Township. Roth stressed this was not an isolated issue and Council needed advice from the Planning Board prior to making any decisions.

Paton stated there were rocks, junk and piles of wood blocking the entrance of Olney Road and it was an unacceptable mess and hazard to Emergency Service Vehicles that may need to get through. Paton stated the most important aspect of this decision would be the ability for Emergency Service Vehicles to be able to access Olney Road. Paton suggested going back to the Planning Board.

DiGiulio stated in one of the memorandums there was a waiver for sidewalks on Olney Road. DiGiulio stated Olney Road was originally intended as an Emergency Access Only street and there is documentation from 1996 between then Police Chief Alderisio and Mr. Raymond Roe reflecting that original intention for Olney Road and that there was a gate to be put in at no expense to the Township. DiGiulio stated it should be memorialized.

DiGiulio asked the Township Attorney what liability the Township would incur at the narrow part of Olney Road. The Township Attorney stated the Township has immunity; however, it can lose that immunity if the Township does not take action in dangerous areas that they have been advised about.

Richter stated that while, as Paton mentioned, there are other areas in the Township that may have “expressed” experiencing problems such as Olney Road; the issue of Olney Road has been “in practice” for 7 years. Richter stated the junk left on Olney Road is bad for emergency situations, and the access of Emergency Service Vehicles. Richter stated whoever is responsible should be ashamed.

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September 23, 2004
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Richter stated the other areas in the Township that have problems such as Olney Road should be discussed individually. Richter stated she disagreed with Paton, and affirmed that the original intent was to gate off Olney Road. Action on this has slipped through the cracks over the years and Richter would like to see it finally memorialized as per the original intent. Richter suggested a Straw Poll Vote.

Alderisio agreed stating it was originally intended for Olney Road to be closed for safety reasons, it had slipped through the cracks, and it was time to make it right.

Paton stated he had been there 5 times last week and there were rubber counting devices. Paton asked if this was correct. The Business Administrator said yes it was so that the Police Department could gather more information in regards to traffic on Olney Road. Paton stressed the need to wait and seek guidance from the Planning Board.

On a motion by Alderisio, seconded by Calandrillo, a motion was made to legally formalize the original intent to close Olney Road except for emergency access if Stephens Lane or Franklin Turnpike was closed. Straw Poll Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, absent; Paton, no; Roth, yes; Richter, yes. Motion carried.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

Richter thanked all, and stated she would open to the public; however, in the interest of time she asked residents in the Olney Road area to choose representatives for both the “pro” and “con” side and to keep the comments as brief as possible.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Paton, the meeting was open to the public on the Olney Road Discussion at 8:30PM. All in favor. Motion carried.

Mr. Frank Russo of 22 Olney Road stated Olney Road has been a dead end for over 30 years and there has been no through traffic. There was a sign that said Dead End – No Through Traffic. Mr. Russo stated there is a Bus Stop at Olney Road and the road is only 18’ at that point. Mr. Russo felt this was very dangerous and is happy to see that Olney Road will legally be closed.

Mr. Allan Kidd of 111 Miller Road stated residents have the right to speak on this subject and due to the Freedom of Speech Act should not be told to refrain from commenting.

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September 23, 2004
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Mr. Kidd asked the Township Attorney to inform Richter of the Public’s rights. The Township Attorney stated he had nothing to say on the subject.

Mr. David McCarthy stated Council was right in their ruling this evening. Mr. McCarthy asked Council to act as swiftly as possible in regards to closing off Olney Road. Mr. McCarthy apologized, on behalf of Olney Road Residents, for the junk and wood in front of Olney Road.

Mr. Paul Gioni at the corner of Miller/Olney Road stated the speed of cars in this area is at a dangerous level. This is a big safety issue taking into consideration leaves, snow, and children.

Mr. Hank Golner of 8 Olney Road collected petitions from 80 area residents near Olney Road. Mr. Golner handed these petitions to the Deputy Municipal Clerk. Mr. Golner also apologized for the blockage in front of Olney Road.

Marianne Durkin of 1 Olney Road requested a temporary closure until there is a permanent closure constructed at Olney Road. The Township Attorney stated the Department of Transportation would need to approve it first and it could be a lengthy process.

On a motion by Calandrillo, seconded by Roth, the meeting was closed to the public on the Olney Road Discussion at 8:45PM. All in favor. Motion carried.

DiGiulio asked if a safety issue exists, could the Township get an Emergency Closure. The Township Attorney stated no, the Department of Transportation would need to approve it first and it could be a lengthy process. Unfortunately, there is no quicker solution.

Richter stated Council would work as quickly as possible on this and asked for a spokesperson for Olney Road, so Council can contact them with updates. Mr. McCarthy stated he would be the spokesperson.

FEASABILITY STUDY; POLICE DEPARTMENT ADDITION; UPDATE
Mr. Eli Goldstein opened the presentation by explaining the presentation would cover the proposed expansion/renovation of the Township Police Department.

Police Chief James Batelli then gave a brief history of the Township Police Department and stressed that the Township has always held to a conservative yet aesthetic approach to Township Community Projects such as the proposed additions to the Township Police Department being presented tonight.


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September 23, 2004
Page 5

Mr. Goldstein stated 30 years ago the Township Police Department was half the size it is now and as it stands it still has the original mechanical equipment installed over 30 years ago. At that time, the Township did not address seismic issues as related to Building Code requirements needed to resist seismic forces to all Emergency Management Facilities. In addition, the Americans with Disabilities Act upgrading in the 1990’s was never implemented in the current Township Police Department Building.

Some of the changes to the current Police Department Building included:
• Elevator
• Signs with Braille
• Horns/Strobes for the Fire Alarm System
• Barrier Free Fixtures in Bathrooms
• Seismic upgrades
• ADA Upgrades
• Jail Cell Upgrades
• Police Training Area
• Expansion of Locker/Shower Area

Mr. Goldstein stressed that today the Township would not be allowed to build the Township Police Department the way it currently stands. As for the seismic issues, the Township could leave it alone, but that would not be a safe alternative. The critical Emergency Service Area of the Police Department should be in a separate building, far enough away from the old building to avoid having it collapse on the new, seismically safe Emergency Service Area.

Mr. Goldstein presented three scenarios for the Council to consider in regards to additions being made to the current Township Police Department.

• The “Minimum” Scenario at $1,400,000.00
• The “Intermediate” Scenario at $1,600,000.00
• The “Maximum” Scenario at $2,500,000.00

Mr. Goldstein stated the “Maximum” scenario was the best solution for the Township because it will satisfy all the functional, security, ADA, Seismic and Code issues that are lacking in the current building. This scenario also takes the future growth factors of the Township into consideration.

Mr. Goldstein stated as the building stands now there are maintenance issues that would need to be addressed anyway such as the roof which would cost over $250,000.00 to repair and up to $1,000,000.00 with additional necessary building repairs. To incorporate this money into an addition would be a much wiser use of the funds.

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September 23, 2004
Page 6

DiGiulio asked if the steps leading down from the current Police Department to Franklin Turnpike would be eliminated. Mr. Goldstein said no. Chief Batelli stated they were rarely used and would be eliminated at some point in the future.

DiGiulio thanked Mr. Goldstein for the presentation. DiGiulio asked what type of a growth factor the “maximum” scenario would provide for. Police Chief Batelli stated 20 to 25 years. Chief Batelli stated the County Prosecutor stated that up to ¾ of a Million dollars of the seized money can be used towards this addition. DiGiulio asked if the total cost would be $3,000,000.00 for the entire addition of the “maximum” scenario. Mr. Goldstein said yes, it would be safe to assume this.

DiGiulio asked if the parking would be located in the old garage or will it be relocated to the upper lot. Mr. Goldstein stated it would be in the upper lot. DiGiulio asked if this price was included in the $3,000,000.00. Mr. Goldstein said no.

Chief Batelli stated the Township Engineer had previously discussed this with Council. Mr. Goldstein asked DiGiulio to discuss this with the Township Engineer. DiGiulio stated she would like a total picture of what all the expenditures would be.

Alderisio asked if in the “minimum” and “intermediate” designs only included a remanuvering of space rather then additional building space. Mr. Goldstein stated Alderisio was correct. Alderisio asked in regards to the “maximum” design what type of additional building space is involved. Mr. Goldstein stated enough new space to allow for growth of the department over the next 20-25 years.

Roth state if 20 years ago we had a department of 40 staff members and now we have 60 staff members, what is the most amount of staff members that will fit in the “maximum” design. Mr. Goldstein stated 75-80 staff members comfortably.

Roth asked if there were any alternatives to the ADA vertical access. Mr. Goldstein stated an enclosed ramp would be a possibility, but not practical. Roth asked what fees were not included. Mr. Goldstein stated professional fees.

Richter asked how many feet out in the front footage wise will the building go out. Mr. Goldstein stated 27-28 feet. Richter stated she was concerned over the loss of parking space as parking is an issue with many Township buildings.

Paton asked what net usable space will be available. Mr. Goldstein said with the addition and current space 19,000 gross, 14,000 net and more with the elimination of the garages. This would be a 25% increase in usable space.


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September 23, 2004
Page 7

Paton asked how much per square foot would it cost. Mr. Goldstein stated $300.00 per square foot for the addition since it is so small, and $100.00 per square foot for the alteration of current space.

Paton asked if this would be more economical then building a new Police Department from scratch. Mr. Goldstein stated if the Township were to build an entirely new Police Department it would cost about $200.00 per square foot amounting to about $4,000,000.00, so yes – it would be more profitable to work with what we have.

Paton asked what type of roof would be put on the structure. Mr. Goldstein stated a low sloped roof.

SUBMISSION OF BILLS AND CLAIMS
Councilmembers were asked to contact Administration with any questions on Bills and Claims.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Paton, the meeting was open to the public at 9:58PM. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road stated the Police Department shower and locker room expansion was excessive. Mr. Kidd suggested scaling down the Police Addition in order to save money.

Mr. Albert Kidd of 851 Darlington Avenue stated that the area suggested for the new pistol range is excessive and a waste of space and money. Mr. Kidd further stated there is plenty of room to use at the new Firehouse and to use that.

Mr. Kidd stated the steps leading from the Police Department to Franklin Turnpike is a bad idea and they should be eliminated.

Mr. Kidd asked to have the parking lot paved over. Mr. Kidd wondered if there would be zero runoff and the Township should comply with code requirements.

Mr. Bob Loveman of 11 Devine Drive stating there was a large storm that produced bad flooding resulting in 3 feet of water in his back yard on Alexandra Court, Catherine Avenue, and Devine Drive. Mr. Loveman stated this water damage occurred due to the fact that Winters Pond was not lowered in time. Mr. Loveman suggested that it should have been lowered 2-3 days prior to the storm. Mr. Loveman asked if there was funding for the Flood Plan in 2005 what would the residents in the area of Devine Drive do in regards to the essential dredging of Winters Pond and subsequent flooding problems.
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September 23, 2004
Page 8

Mr. Loveman stated dredging Winters Pond would help, and asked Council for relief.

Richter stated as with the case of Willowbank, it takes a very long time to deal with the Department of Environmental Protection in matters like these. Richter stated she will look into it and see what Council can do; however, it may take a long time to rectify this.

Mr. Loveman stated a few of the Township retaining ponds were not working properly in the Cragmere Area and wondered if the Township Engineer was looking into this. The Mayor stated yes. The Township Engineer concurred.

Ms. Karen Almetta of 20 Alexandra Court requested help from the Council in regards to the flooding caused by Winters Pond. Ms. Almetta was very upset about the flooding and did not care what the Army Corp. of Engineers said, she asked Council for help since it was a Township issue. Richter stated necessary steps must be taken to legally offer relief. Ms. Almetta asked if the Township could do anything. Richter said she would look into it, but it is a difficult process. Richter stated she would try her best.

Mr. Albert Kidd of 851 Darlington Avenue stated he has lived in the Township for 65 years and the Township has allowed too many projects that included the irresponsible filling in of Township wet areas, water retention ponds, and lakes. Mr. Kidd stated these problems are arising from a lack of water retention ponds.

On a motion by Calandrillo, seconded by DiGiulio, the meeting was closed to the public at 10:19PM. All in favor. Motion carried.

The Township Engineer stated the Army Corp. of Engineers is looking into this matter. The Township Engineer will call them in the morning and get them moving on this problem.

DiGiulio asked if it would be a good idea to pipe the excess water to stop the flooding. The Township Engineer said the silt debris would cause problems and ultimately need to be dredged.

DiGiulio asked how Council could push this issue through and get some relief. The Township Engineer stated by asking if the Army Corp of Engineers will dredge and if not for Council to contact the Department of Environmental Protection and do it on their own.

Paton asked if the Township would be presenting a report to the Army Corp. of Engineers in regards to the flooding and bridge problems. The Business Administrator said there is a meeting scheduled with the Army Corp. of Engineers in Suffern within the next month.

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September 23, 2004
Page 9

The Business Administrator said this would not be a simple fix; this is a back-up water problem, not simply a dredging problem.

Paton stated the Township needed a report initiated by the Mayor rather then a meeting. Paton stressed the Township needed to be proactive in regards to this flooding problem and being a “squeaky wheel” would most likely get quicker results.

The Township Engineer stated concerning North Railroad Avenue a section blew off due to the force of water. There was no structural damage to the culvert; however, the Department of Public Works recommended the road to be closed. The Township Engineer has since had this repaired and the road is now reopened.

ADMINISTRATION
4i. 24 Babcock Road; Fence
The Business Administrator stated in light of the fact the Township Engineer was present Item 4i should be moved up. Richter concurred.

The Business Administrator stated Mrs. Filomena Bonura was asking the Township for the right to put a fence up that would extend over her property, which is at the end of the cul-de-sac onto a right-of-way. Secondly, Mrs. Bonura is requesting revegetation of the slope.

Mrs. Bonura gave pictures to Richter for review. Mrs. Bonura stated the trees that used to line the slope were cut down due to the construction of the Cherry Ridge Estates leaving large gaps where her children could fall right into the line of traffic on Stephens Lane. Mrs. Bonura also stated that she can also see and hear cars now due to the cutting down of the trees.

Mrs. Bonura stated the second problem is that people cut through Stephens Lane to Babcock Lane and she can not get people to stop cutting through her property. Mrs. Bonura stated since the developers of Cherry Ridge Estates cut down the trees, they should be made to replace them with other trees.

Richter asked Mrs. Bonura if she had a survey done when she bought the home. Mrs. Bonura said yes, but it was difficult to read. Richter asked Mrs. Bonura what she wanted from the Council. Mrs. Bonura said authorization to build a fence on the slope.

Roth asked if Council allowed the fence, would it obstruct the right-of-way. The Township Attorney stated yes; however, there is an Ordinance that permits obstructions in a right-of-way upon Council’s judgment.

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September 23, 2004
Page 10

Paton stated this is a useless right of way. The Business Administrator concurred, adding that this right-of-way is oversized and non-functional.

Paton suggested going back to Hovnanian and have them repair the property properly. The Township Engineer stated the Planning Board approved to grade the area and this required the removal of the trees for the installation of the road. Junipers and wood mulch were approved; however the mulch slid and the Junipers died. Hovnanian then installed Crown Vegetation to stabilize the slope which the Township Engineer approved.

Richter stated there is probably no money left to go after. The Township Engineer stated there is a 2 year maintenance guarantee; however, the Township Engineer said he is not sure if the Township could go back and ask for the trees now.

Alderisio stated he saw no reason why the fence could not be put up, and the Township could put a few trees in over the next few years possibly through the Shade Tree Commission.

DiGiulio stated this might be a good job for an Eagle Scout.

Calandrillo suggested passing a resolution in regards to this. The Business Administrator stated this Resolution with installation needs to be within limits and needs a Building Permit and must comply with the Ordinances. The Business Administrator also stated that Council can pass a Resolution allowing for the location of this installation.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

Richter left at 10:44PM
DiGiulio took the Chair.

ENGINEERING (Boswell-McClave)
1a. Installation of Salt Shed on Micik Lane; Discussion
The Township Engineer explained the site layout, two example Salt Shed photos, and 5 Phase Project Status regarding the proposed Salt Shed Project on Micik Lane. The Township Engineer stated the packet provided an Engineer’s Estimate
for the proposed project for $850,000.00. The Township Engineer added that the Township currently has $350,000.00 available for the project.

Richter returned at 10:50PM.

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September 23, 2004
Page 11

DiGiulio asked if the Salt Shed would be wooden. The Township Engineer said yes.

DiGiulio asked about the Joint Salt Shed Project the Township and the State were discussing. The Business Administrator stated the Township would have had to build a road in order to get to the proposed site on Route 287 and it would have cost over $775,000.00 which was not cost effective for the Township.

Calandrillo asked which shed the Township Engineer was suggesting for the Township to go with, the brown or the gray. The Township Engineer stated the pictures were included only as examples of what the structure could look like.

Calandrillo wanted to know if we chose the larger of the Salt Sheds would the Township need to maintain the County Roads. The Business Administrator said no, the Township would not be doing the County Roads.

Calandrillo asked if this would be complete by the winter. The Business Administrator said this project would go out to bid in the spring.

Roth asked if the $350,000.00 budgeted for this would carry over to next year. The Business Administrator said yes.

1b. Wachovia Bank; 177 Franklin Turnpike; Block 72, Lots 1, 20 and 22 through 26; Request for Reduction of Performance Guarantee (Dkt. #429)
The Township Engineer requested for Reduction of Performance Guarantee for Wachovia Bank and stated the Township should hold back 30% of the Performance Guarantee until the job is completed. If the job is not completed, the Township Engineer stated they will take measures to make them finish.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

1c. Verbal Status Report
The Township Engineer stated in regards to the Macarthur Boulevard Repaving Project it will be milled on Friday, October 1, 2004 at night and paved on Saturday, October 2, 2004. The Township Engineer will have the schools notified in case this would conflict with sports schedules.

DiGiulio asked if the Fardale Avenue road and bridge would be resurfaced due to catch basin sinking in this area. The Township Engineer stated the Department of Public Works will resurface this as part of the 2004 Resurfacing Program this fall.


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September 23, 2004
Page 12

ADMINISTRATION
4b. 84 North Ramapo Avenue; Sewer Connection
Richter stated Council received correspondence from Mr. Randall Brewster of 84 North Ramapo Avenue in regards to a Sanitary Sewer Issue and that since Mr. Brewster had been waiting patiently to be heard this issue would be moved up for discussion.

Alderisio stated the Assessment on page 2 was levied in 1975, and there was an error in the paperwork.

Richter relayed that Kelly suggested the arrangement should be half of the spur Assessment (originally $1,400.00) less anything that had been paid by Mr. Brewster.

The Township Attorney stated it was up to Council which option to pick in regards to this case. Alderisio stated Mr. Brewster should pay the Township $4,500.00 and the Township will then have the work done and then Mr. Brewster will receive as reimbursement the $900.00 back from the hook up fee.

Richter stated if this is the choice the Council goes with the Township would be responsible for running the line from the street to the curb. The Business Administrator stated that was correct.

Paton asked what would this cost the Township. The Business Administrator said he was getting quotes and suspects about $6,000.00.

Roth asked what Mr. Brewster’s cost would be. The Business Administrator said if Mr. Brewster contracted his own work he would only have to pay $900.00 to the Township. It the Township did the work with no hook up the cost would be the $4,500.00 assessment and Mr. Brewster will receive as reimbursement the $900.00 back from the hook up fee. Paton did not think this was unfair. Richter concurred.

Roth suggested getting Mr. Brewster accurate numbers and he could pick either of these options. The Business Administrator said he would have more information for the next meeting.

Mr. Randall Brewster of 84 North Ramapo Avenue stated he felt this was the Township’s mistake, and felt it was unfair for him to have to take care of this problem.


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September 23, 2004
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Richter stated she felt it was fair if you took into consideration the original homeowner’s assessment was $1,400.00 over 10 years + maintenance of the sewers in 1975.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Proposal; Nilsen Avenue Booster Station – Conceptual Design
The Township Utility Engineer stated this is a proposal for a Conceptual Design for the Nilsen Avenue Booster Station to alleviate pressure problems being experienced by Township residents in this area.

Roth made comment that this was not the preferred solution originally suggested by the Township Utility Engineer. Township Utility Engineer stated two things have changed since that suggestion: One, the residents are opposed to the noise. Two, the Booster Station on East Crescent will interfere with the original plan for elevated storage.

Roth asked how much this new solution would cost. The Township Utility Engineer stated roughly $800,000.00. Roth asked the Business Administrator if this was budgeted for. The Business Administrator said no, it is not in the Capital Budget.

Paton asked if this could be speeded up, and questioned why it would take four months to design. The Township Utility Engineer stated he would do his best to speed up the process. The cost of the design is not to exceed $20,000.00.

The Township Utility Engineer intends to contact the Department of Environmental Protection to discuss this directly and if they say no, the Township Engineer will not finish the study.

Paton asked if this solution would make noise. The Township Utility Engineer said yes. Paton asked if this would solve the pressure problem. The Township Utility Engineer stated it should help, but there may still be some pressure problems.

Calandrillo stated a few years ago the residents were against a booster station option, and she asked if the Township Utility Engineer felt residents would be more sympathetic to this solution now. It was stated that this information would be in the report.

DiGiulio said residents in the past did not want the tower or the pumps. Calandrillo stated if they want a solution to this issue something needed to be done.
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September 23, 2004
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The Township Utility Engineer stated an option would be to place the pumps underground. DiGiulio asked what costs would be involved. The Township Utility Engineer listed electricity, inspections by employees, mechanical equipment, and company maintenance. Richter stated she was for the pumps and suggested people go see and hear the Franklin Avenue Wyckoff/Waldwick pumps as a model. Richter stated Kelly was also in favor of the pumps.

DiGiulio asked if the design would cost $20,000 in total. The Township Utility Engineer stated that the $20,000.00 fee was for a Conceptual Design and a complete biddable design would cost $100,000.00 and the installation and equipment $500,000.00 with an approximate total cost of $800,000.00

Alderisio left at 11:29PM.

2b. Proposal; Emergency Response Plan
The Business Administrator stated the finances for the Emergency Response Plan was now budgeted for.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

2c. Phase 5 Sewer Information Hearing Schedule
The Business Administrator stated letters had been sent out to residents in regards to the Phase 5 Sewer Information Hearing which will be held on October 13, 2004. The Business Administrator told Council if they did not have a Feasibility Report he would provide one for them.

Alderisio returned at 11:36PM.

ADMINISTRATION
4k. Request For Right-Of-Ways on Utility Poles; Crown Castle International
The Business Administrator stated Mr. Stephen Apollo of Crown Castle International sent a letter to the Township. Mr. Apollo stated the request is for an application for rights-of-way to install Neutral Host Providers for wireless service providers on existing utility poles along Route 202.

Richter left at 11:38PM.
DiGiulio took the Chair.

DiGiulio asked if any studies have been done and if it would interfere with police bands. Mr. Apollo stated his Neutral Host Providers do not interrupt anything.


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September 23, 2004
Page 15


Roth asked how this would benefit the Township. Mr. Apollo stated the benefit would be that there would be superiorly enhanced wireless phone coverage available in the Mahwah Area. Secondly, his units are not cell towers.

Roth asked where the Rand Cabinets and the hubs would be installed. Mr. Apollo stated the Rand Cabinets would be installed on the poles, and Mr. Apollo did not know where the hub site would be; it would probably be at an existing site.

Paton stated while this would be a way to get cell coverage in areas that do not have cell towers it may still be a problem with the residents concerning the aesthetics of the units on the poles.

Richter returned at 11:41PM.

Paton stated since these were mini towers he wanted to have advice from the Township Attorney in regards to the Township Ordinances and how they relate to this area of technology. The Township Attorney stated at a recent conference Judge Harris mentioned this area of technology is very new, and as technology changes the law changes.

Alderisio asked if the seven units would be consecutive down Route 202. Mr. Apollo said no.

Calandrillo asked how high the box is off the ground. Mr. Apollo said 8 or 9 feet due to vandalism. Calandrillo stated vandalism is a real threat, and she wanted to make sure this was addressed so that these units were well out of reach.

Richter asked what other towns in the area have this service. Mr. Apollo said this is a new concept and there are applications pending in other areas.

Roth stated the application is for the right-of-way to install these devices on a pole, but in reality these devices do not work without the hub and that Mr. Apollo would need to acquire property in order to make this work. Mr. Apollo stated he knew this and it would need to be near an existing cell tower. It would be seven units to one hub.

The Mayor asked for the names of the other towns that were considering using Mr. Apollo’s services via applications. Mr. Apollo stated Oakland, 4 Municipalities in Long Island, Pittsburgh and Westchester all have pending applications.


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September 23, 2004
Page 16

The Mayor asked how close the hub needed to be to the transformers. Mr. Apollo stated 1-2 miles away.

The Mayor stated this was basically a cell tower/transmitter on a telephone pole, and he was concerned about how the residents would react to this. The Mayor stated there is a lot of opposition from residents to cell towers in Mahwah.

DiGiulio asked where the hub site would be. Mr. Apollo stated he would answer this by letter to the Council when he identified where the hubs would be located.

Roth left at 11:56PM.

The Mayor asked if he could view the equipment personally. Mr. Apollo stated he would look into it and inform Council when such equipment would be available for inspection.

Paton stated since the Mayor and Paton had electrical expertise it would be a good idea for both of them to review the equipment together

Roth returned at 11:59PM.

LEGAL
3a. Amendment to Chapter 12 of Township Code “Fire Prevention” and Chapter 2 “Administration”
The Township Attorney stated this Ordinance will reflect Non-Life Hazard Uses, Additional Required Inspection and Fees, and the Fire Safety Fund, as well as the increase of the Office of Emergency Management from 15 to 25 members.

Ordinance shall be introduced at the September 30, 2004 Public Meeting.

3b. Health Plan Coverage; Discussion
The Township Attorney advised Council to leave the Township Health Plan Coverage as is. Council concurred.

DiGiulio left at 12:03PM.

ADMINISTRATION
4c. Purchase of Property; Lakeview Drive
The Business Administrator suggested for the Township to purchase the property on Lakeview Drive (Block 2, Lot 42). The Mayor and Administration both

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September 23, 2004
Page 17

recommended this acquisition. The owners are offering to sell this property to the Township for $6,000.00 even though it is assessed for $17,600.00.

Roth asked if this property would be open space forever. The Township Attorney stated it depended upon how the contract was drawn up.

DiGiulio returned at 12:08PM.

Roth asked if the Township had the money to buy this property. The Business Administrator stated money is available for this from the Township’s Open Space Fund.

The Business Administrator stressed the importance of acquiring underdeveloped lots such as this that surround the Township’s publicly owned conservation properties. Alderisio asked if the Township owned the inner ring. The Business Administrator stated yes, except lots 30, 31 and 32 for which we should closed within the month, and lots 7, 8, 9, and 10 which the Township hopes to acquire through a land swap.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

4d. Award of Bids
#MTB-04-24: Fardale Standpipe Demolition
#MTB-04-26: Servicing of Fire Apparatus
The Business Administrator recommended awarding the bid for #MTB-04-24: Fardale Standpipe Demolition to the lowest responsible bidder which was Mazzocchi Wrecking, Inc. for a bid amount of $122,675.00.

Paton asked if this property had Shared Driveway Access. The Township Administrator stated the Township owned lot had a 50’ right-of-way. Paton asked if the Township was covered for driveway damage. The Business Administrator said yes.

Paton asked if the Township would offer to sell the property to one of the adjacent property owners in the future. The Business Administrator said yes.

The Business Administrator recommended awarding the bid for #MTB-04-26: Servicing of Fire Apparatus to Beyer Brothers, which was the lowest responsible bidder, for a 24 month contract starting from the date of award for a bid amount of $89./hr for regular business hours and $109./hr for Emergency Service, Over-Time, Weekends, and Holidays. The bid also includes a 10% discount on all parts.

Work Session Meeting Minutes
September 23, 2004
Page 18

Resolutions shall be prepared for the September 30, 2004 Public Meeting.

4e. Chapter 159; Child Passenger Safety Education Grant
The Business Administrator recommended this $5,000.00 Child Passenger Safety Education Grant.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

4f. Amendment to Resolution #138-03A: HAZMAT Physical Examinations for 2003
The Business Administrator recommended amending Resolution #138-03A to include both a Hazmat Physical Examination at the cost of $435.00 per eligible employee at Mahwah Medical, and a Physical Examination at the cost of $225.00 per eligible employee at Mahwah Medical.

Amendment shall be prepared for the September 30, 2004 Public Meeting.

4g. Resolution to Start In-Rem Foreclosure Process
The Township Attorney recommended putting this Resolution on for next week. The Resolution will be to start the In-Rem Foreclosure Process as described on a foreclosure list submitted by the Township Tax and Utility Collector.

Alderisio asked if there were problems with some of the buildings on the list. The Township Attorney stated Council would receive a new list next week reflecting Fidelity Terminal, Inc. and Robert M. Belisonzi’s properties removal from the list. There will be 6 lots with certification.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

4j. Senior Center Staffing
The Business Administrator recommended a full time assistant for Susanne Small, Senior Coordinator of the Senior Activity Center. The position would pay between $26,000 and $32,000.

Roth asked why a part time employee was sufficient 9 months ago when the program started. The Business Administrator stated it was a new program then and it has since grown significantly.

4l. Authorization for Township to Hold Auction; November 6, 2004



Work Session Meeting Minutes
September 23, 2004
Page 19

The Business Administrator stated Administration and the Mahwah Police Department would like to hold an auction for Township used/surplus and found items property on Saturday, November 6, 2004, at the Micik Lane, Public Works property.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

6c. Proposal; Hiring of Attorney for DEP
The Township Attorney recommended hiring Mr. Lewis Goldshore, Esq. for the Airmont Diversion Application - Department of Environmental Protection legal matters at the hourly rate of $150.00 with a $5,000.00 cap.

Resolution shall be prepared for the September 30, 2004 Public Meeting.

5a. Township Ethics Board; Discussion
The Township Attorney stated as presently constituted, Section 2-24 of the Township Ethics Ordinance does not comply with the New Jersey Local Government Ethics Law. The Township had two choices: To revise the Township Ethics Ordinance, or eliminate the Ordinance and have Township Ethic complaints redirected to the Bergen County Ethics Board.

Richter suggested eliminating it and allowing all Township Ethics Concerns to go to the County Board of Ethics. Roth, Calandrillo and Paton concurred.

The Township Attorney stated this Ordinance must be eliminated by Public Hearing.

5b. Street Names; Vista Bahn Estates LLC
Removed from Agenda.

5c. Firefighter Application; Michael F. Malec as DayTime Firefighter to Fire Company #2
The Firefighter Application for Michael F. Malec as DayTime Firefighter to Fire Company #2 was tentatively approved. Final approval will be voted on, through a Resolution, at the September 30, 2004 Public Meeting.

5d. Raffle Applications
Raffle Applications for Betsy Ross Home and School Organization Inc. (2), St. Catherine of Bologna School (On Premise, 50/50) and St. Catherine of Bologna School (On Premise) were tentatively approved. Final approval will be voted on at the September 30, 2004 Public Meeting.

Work Session Meeting Minutes
September 23, 2004
Page 20

5e. Resolution From Franklin Lakes; National Volunteerism Week
Calandrillo asked why Council was so late in receiving information on this, and she asked to have it prepared in plenty of time for next year.

5f. Darlington Ridge Discussion (Richter)
Alderisio stated this was not a serious situation, and other then backing out onto MacArthur Boulevard, closing off this street would be a big mistake and he is not for it.

Richter stated she was not for the closing off of this street.

DiGiulio stated since Cross Easements were involved, Council could not become legally involved.

Richter asked for the Municipal Clerk to notify Darlington Ridge by letter that no action would be taken on this issue, and Council was unified in agreement concerning this decision. Further state Darlington Ridge was on the Work Session Agenda tonight for discussion, and since the Department of Transportation rejected this matter already, and there were Cross Easement issues, Council has decided not to take action.

RESOLUTION
#102-04A Authorization for Mayor and Municipal Clerk to Execute Grant Agreement between the Township and Bergen County for Transportation Services Grant
Resolutions #102-04A was voted on individually. Resolution is attached to and made part of these Meeting Minutes.

MISCELLANEOUS
Richter stated the Firehouse Dedication date would be October 24, 2004 at 1:00PM. Richter asked for the Municipal Clerk to send a memorandum reflecting this date.

CLOSED SESSION
On a motion made by Calandrillo, seconded by Roth, Council went into closed session at
12:48 PM for the purposes of discussing Litigation; AIC Corp. vs. Mahwah and
Litigation; Diabes vs. Mahwah. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Alderisio, Council came out of Closed Session
at 12:55PM. All in favor. Motion carried.

On a motion made by Calandrillo, seconded by Alderisio, the meeting was adjourned at

Work Session Meeting Minutes
September 23, 2004
Page 21

12:56PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk
KGC/mcr








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