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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, JANUARY 6, 2005

The meeting was called to order at 8:02PM 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, January 6, 2005 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, Kelly, Paton, Richter and Roth
Absent: Councilmember DiGiulio

Also present were the Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Engineer Kevin Boswell, Township Engineer’s Associate Mike Kelly, Township Utility Engineer Justin Mahon, Township Utility Engineer’s Associates Vishal Shah and Gerry Spiesbach, and Municipal Clerk Kathrine G. Coletta.

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

Mr. Louis Rizzo of 12 Rae Avenue heard that there are individuals considering changing the form of Government in the Township. Mr. Rizzo stated he is opposed to such a move, and he feels like it would be a big mistake to change the Government in the Township.

On a motion by Calandrillo, seconded by Roth, the meeting was closed to the public at 8:09PM. All in favor. Motion carried.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Proposed Stage 5 Sanitary Sewer Project
The Township Utility Engineer stated that he was working with Administration to create a Bond Ordinance for the Stage 5 Sanitary Sewer Project that will include all the areas proposed. At Council’s preference they can remove an area if they see fit at a later date. The Township Utility Engineer stated he was presently working on a list of all the properties and this is expected to be complete by next week’s meeting.


Work Session Meeting Minutes
January 6, 2005
Page 2

Calandrillo asked if the Township has an obligation to install sewers to those residents who responded no initially and later change their mind. The Township Utility Engineer stated it was past policy to not install sewers in areas that residents do not want sewers. Richter stated residents have changed their minds in the past about sewer hook up.

Kelly asked to have an accurate count of residents who want the sewers and who do not want the sewers. Richter concurred.

Alderisio asked if this was a matter of economics. Alderisio stated if one person on a street wanted sewers, and the other ten did not, it would not make economical sense to run the sewer lines down that street.

Roth asked how the percentages of people who are for and against sewers are calculated in order to see if the area will have sewers installed or not.

Paton asked to have information concerning whether specific residents have private water, or are serviced by Municipal Well. Richter stated people who have sewers put in and find out water lines are available often want the water line as well.

2b. Verbal Progress Report
The Township Utility Engineer stated the Swim Club Connection is on track, and he hoped it would be ready for Memorial Day.

The Township Utility Engineer stated there was not much movement on the 20” Water Main Valve problems. The Township Utility Engineer’s Associate stated the Surety Company has accepted the low Bid by Montana Contracting. The Schedule looks like the end of January for the beginning of construction.

Roth asked if construction begins at the end of January, when will the work be finished. The Township Utility Engineer’s Associate stated within two weeks if the weather is favorable. Roth stated 40,000 gallons of water a month is leaking someplace. Roth stated it will leak until repaired. Roth asked what kind of pressure the Township can place on the Contractor and the Bonding Company due to this ecological mess. The Township Utility Engineer’s Associate stated this segment is isolated and the water is not exiting the system at present and it is within permissible leakage. The Township Utility Engineer’s Associate stated this should be operational by mid February.



Work Session Meeting Minutes
January 6, 2005
Page 3

Paton asked who was working to make sure the Swim Club will be open by Memorial Day. The Township Utility Engineer stated May 24, 2004 is the projected date for the Swim Club to be ready for service, and fully operational.

Paton asked what the progress was on the Department of Environmental Protection Permits. The Township Utility Engineer stated it is still being worked on. Paton asked to have this put on high priority status.

Kelly asked is this was accounted for in the Temporary Budget. The Business Administrator said no, but at the next meeting there will be a proposal for a Temporary Sewer Capital Budget to be paid out of Sewer Surplus.

Kelly asked if Council has any projection on the discussion of the Phase 4 Report. Richter said no, but it will be on a Work Session or a Closed Session Council Meeting soon. Richter was open for suggestions concerning Council’s feelings on the matter. Roth said to do a Special Meeting. Richter stated it will be done as a Special Closed Session in the very near future.

Alderisio asked if the Old Station Well was on line. The Township Utility Engineer said it was not on frequently. The demand in the winter is so low that it is not being used. Alderisio stressed concern over the high sodium content of the line, and felt this should be watched before bringing it back into service.

ENGINEERING (Boswell-McClave)
1a. Written Status Report
The Township Engineer stated the Department of Transportation issued a Grant to the Township for $140,000.00 for the paving of Mac Arthur Boulevard.

The Township Engineer stated MA-107 Bike Path Program (Resolution No. 144-00) is on schedule to be completed by March 15th, 2005.

The Township Engineer stated MA-257 Wyckoff Avenue and Forest Road Intersection (Resolution No. 177-00) has been awarded by the County. A Pre-Construction Meeting is set for January 18, 2005 at the Township Municipal Building. The successful bidder was Colinelli Construction. The Township Engineer stated they are good Contractors, and the Township Engineer has worked with them before.

The Township Engineer stated in regards to MA-333 Corporate Drive and Route 17 Southbound Intersection they are having a meeting with the

Work Session Meeting Minutes
January 6, 2005
Page 4

Department of Transportation on Friday to plea the Township’s case. The Township Engineer expects a favorable result.

Kelly asked about MA-257 Wyckoff Avenue and Forest Road Intersection (Resolution No. 177-00). Kelly wanted to know if the school systems will be notified of this work in the surrounding areas. The Township Engineer stated he would notify them. Kelly also asked to have the Bus Companies advised as well.

Kelly asked about MA-599 N.J.D.O.T. Issues. The Township Engineer’s Associate stated he has spoken with various people at the New Jersey Department of Transportation, and he is meeting with the New Jersey Department of Transportation on Wednesday of next week to go over the striping at Spring Street, in the Borough of Ramsey, which is the type of striping the Township wants. The Township Engineer’s Associate further stated he will discuss the intersection of Corporate Drive and Route 17.

The Township Engineer’s Associate stated the New Jersey Department of Transportation has issued the Work Order for the “Elephant Striping” at Route 17 and Mac Arthur Boulevard. The “Elephant Striping” at Ramapo Avenue will need to be done by the Township and the Township Engineer’s Associate will get more information for this soon.

The Township Engineer’s Associate stated the New Jersey Department of Transportation agreed that a sign was needed to advise Truckers to use the Mac Arthur Boulevard Exit to access Ridge Road. The New Jersey Department of Transportation asked to have this area monitored by police to insure the Truckers will comply.

Calandrillo asked if the exit/entry onto Ridge Road was legal in the first place for. The Township Engineer’s Associate stated he did follow up on this and the Planning Board does not have evidence of a site plan; they pre-existed the Ordinance. The Township Engineer’s Associate stated the Township Attorney would need to review this further to see where the Township stood legally.

Paton stated he encountered a Tractor Trailer making an illegal turn on to Ridge Road last week. The Tractor Trailer did not look, or stop, and Paton stated due to the children, the Township needed to get the signs up, and to enforce traffic law.

Kelly mentioned the area of Mac Arthur Boulevard where the Tractor Trailers are also making illegal U-Turns at the bottom.


Work Session Meeting Minutes
January 6, 2005
Page 5

Paton asked about MA-577 Fire Company Number One and Winters Building. The Township Engineer’s Associate stated the Punch List is small and the Contractor will address these items as soon as possible. The Township Engineer’s Associate stated the weather has been hindering completion of the Punch List.

Richter asked if everything was covered in the Status Report. The Township Engineer stated yes, however, Council will receive a proposal for work on Franklin Turnpike and Miller Road, with an extension to Stephen’s Lane, for the next session. The extension to Stephen’s Lane will allow a Master Plan for the whole area in order to assist the Township Engineer in getting a Grant for this project.

LEGAL
3a. Rezoning Request; Block 140, Lot 1; State Highway Route 17 South
The Township Attorney stated Attorney James E. Jaworski is requesting for an amendment to change the zoning of State Highway Route 17 South Block 140, Lot 1.

Roth asked why Council received this request. Roth stated this should go before the Planning Board in the form of a Concept Presentation.

Paton stated the input from the Township Planner would be very important when considering a zoning change. Council concurred. Richter stated consideration must be given to the Highway due to the numerous problems the Township was having with traffic. Alderisio stated this particular property could be a real problem when it comes to traffic and this sort of zoning change. The Township Attorney will write a letter notifying the neighbors of this potential change.

3b. Draft Ordinance; Stop Signs at the Intersection of Johnson and Meadow Avenues and Prohibiting Left Hand Turns from Ramapo Valley Road North on to Brook Street and Catherine Avenue
Calandrillo asked if the residents would be notified of this Draft Ordinance so they could attend a Public Session addressing this Draft Ordinance. The Township Attorney stated this change may be able to be done without the New Jersey Department of Transportation’s approval and recommended hearing this on the meeting of January 27, 2005 so the public can also attend. Council concurred.

ADMINISTRATION
4a. Authorization of Competitive Contracting; Document Archiving


Work Session Meeting Minutes
January 6, 2005
Page 6

The Business Administrator stated this was a request to solicit Request For Proposal’s from various vendors. Resolution shall be prepared for the January 13, 2005 Public Meeting.

4b. 141 Campgaw Road; Right-Of-Way Infringement
The Business Administrator stated in the Right-Of-Way Ordinance there is a Waiver Provision that would allow Council to allow items in a Right-Of Way area.

On a motion by Kelly, seconded by Roth, the meeting was open to the public on the topic of 141 Campgaw Road; Right-Of-Way Infringement at 9:03PM. All in favor. Motion carried.

Mr. Kenneth Braun of 141 Campgaw Road stated he intends to keep these trees professionally manicured and he is reaching out to Council for a feasible solution to this issue. Mr. Braun is concerned for the safety of his children due to the excessive speed of vehicles traveling on Campgaw Road.

Paton asked if the trees could be moved back a bit in the yard. Mr. Braun explained that these trees would still remain in a row which would be a violation of the Ordinance. Paton stated he was concerned with the future growth of these pine trees in regards to the power lines. Carried to the January 20, 2005 Work Session Meeting.

4c. Extension of State Contract Awards
The Business Administrator recommended the Extension of State Contract Awards as listed below:
1. #T-483: Minicomputer, Workstation and Associated Products.
2. #T-0123: Tires and Tubes.
3. #T-0098: Motor Vehicles, Law Enforcement.
4. #T-0099: Vehicles, Automobiles, Sedans/Station Wagons.
Resolutions shall be prepared for the January 13, 2005 Public Meeting.

4d. Appointment; Township Public Agency Compliance Officer
The Township Attorney stated this was a Resolution affirming he would be the Township Public Agency Compliance Officer for the calendar year. Resolution shall be prepared for the January 13, 2005 Public Meeting.

4e. Award of Professional Services Contract; CDL Random Alcohol and Drug Testing Program
The Business Administrator recommended the Award of Professional Services Contract; CDL Random Alcohol and Drug Testing Program to Commerce Risk
Work Session Meeting Minutes
January 6, 2005
Page 7

Control Services. Resolution shall be prepared for the January 13, 2005 Public Meeting.

4f. Temporary Capital Budget; Oil Water Separator/Waste Oil Collection System
The Business Administrator stated this was necessary in order to have the Oil Water Separator/Waste Oil Collection System put in at the Department of Public Works. Resolution shall be prepared for the January 13, 2005 Public Meeting.

4g. Bond Ordinance; Oil Water Separator/Waste Oil Collection System
Ordinance shall be introduced at the January 13, 2005 Public Meeting.

4h. Proposed Sale; Block 3, Lot 26; Stag Hill Road
The Business Administrator suggested turning this over to Legal for review so the Township Attorney can advise Council how to proceed. The Township Attorney will have a Draft Ordinance for the Work Session Meeting of January 20, 2005.

4i. Midvale Mountain Road Correspondence
Carried to the January 20, 2005 Work Session Meeting.

4j. BCUA Solid Waste Services Agreement; Extension
Kelly suggested including information in the next Township Newsletter regarding ways to reduce garbage costs and the hopeful increase of recycling.
Resolution shall be prepared for the January 13, 2005 Public Meeting.

4k. 2005 Health Officer Contract
The Business Administrator recommended the 2005 Health Officer Contract. Resolution shall be prepared for the January 13, 2005 Public Meeting.

4l. Land Acquisition; Block 8, Lots 7,8 and 9; Lakeview Drive
Discussion on the above will be held in Close Session later in the meeting.

4m. New Jersey Transit Application; Access Transportation Vehicle
The Business Administrator stated this Resolution would give the Township an opportunity for a Grant for Transportation Services for Elderly Persons with Disabilities. Resolution shall be prepared for the January 13, 2005 Public Meeting.

4n. 2005 Temporary Budget; Amendment
Resolution shall be prepared for the January 13, 2005 Public Meeting.

TOWNSHIP COUNCIL AND MUNICIPAL CLERK
5a. Firefighter Application; Sam E. Yourstone to Fire Company #2
Work Session Meeting Minutes
January 6, 2005
Page 8


Resolution shall be prepared for the January 13, 2005 Public Meeting.

5b. Resolution; Fire Company #1 90th Anniversary
Resolution shall be prepared for the January 13, 2005 Public Meeting.

5c. Request for Township Consent to Place Telecommunications Facilities Within Township Right-Of-Way; New Jersey DataNet Telecom LLC
Roth questioned the credentials of New Jersey DataNet Telecom LLC. Roth conducted several searches on this company and has not come up with anything on this company. Roth stated Council needs more details from New Jersey DataNet Telecom LLC before further consideration. Richter concurred, and asked the Clerk to send a letter requesting New Jersey DataNet Telecom LLC to identify themselves and provide more detailed information.
Carried to a future Work Session Meeting.

5d. Leaf Removal/Placement on Township Streets; Discussion (Richter)
Richter asked for discussion on remedy the leaf problem in the Township by next year.

Calandrillo stated Mr. Stan Spiech should be consulted in regards to the leaf problem, and the Landscapers should be held accountable for disturbing leaf piles.

The Business Administrator stated the forthcoming Storm Water Management Plan will include an Ordinance with regards to leaf pick up and disposal and he suggested dealing with this issue then.

Alderisio stated leaf pick up might be able to be handled like recycling – on a schedule. The Business Administrator stated this would be very difficult.

5e. Support of Resolution #200-0-04 from Borough of Wanaque: Urging Legislators To Sponsor Legislation to Allow Municipal Governments to Provide Funding to Local Veterans of Foreign Wars and American Legion Groups
Resolution shall be prepared for the January 13, 2005 Public Meeting.

5f. Resolution from New Jersey State League of Municipalities; Property Tax Reform; Discussion
Roth stated the concept of Property Tax Reform is good; however in this Resolution the piece that is missing is the expense side of the Property Tax Reform. Roth stated a “Whereas” for the expense side should be included in this Resolution. Roth read his suggestion for the “Whereas” and it was accepted by Council and will be added to the Resolution.
Work Session Meeting Minutes
January 6, 2005
Page 9

Resolution shall be prepared for the January 13, 2005 Public Meeting.

5g. Resolution from Borough of Sayerville; Support of Senate Bill S-1023 and Assembly Bill A-1835: Requiring the State of Reimburse Municipalities for the Reimbursement and Payment of Property Taxes that Disabled Veterans are Exempt from Payment of
Resolution shall be prepared for the January 13, 2005 Public Meeting.

5h. Raffle Application; Mahwah High School Sports Boosters (On Premise)
Raffle Application was tentatively approved and shall be formally approved at the January 13, 2005 Public Meeting.

CLOSED SESSION
On a motion made by Calandrillo, seconded by Kelly, Council went into closed session at
9:50PM for the purposes of discussing Police Grievance, Monthly Litigation Report, and
Potential Litigation – NJDEP Diversion Application. All in favor. Motion carried.

On a motion by Roth, seconded by Calandrillo, Council came out of Closed Session
at 11:03PM. All in favor. Motion carried.

COUNCIL COMMENTS AND COMMUNICATIONS
Richter stated the Budget Schedule Line Up will be changed and notification of this will
be sent out as soon as possible.

Calandrillo stated in at least 11 Township Calendars there were mistakes; will we get a
credit on this? Richter stated the Fire Department was omitted. The Business
Administrator said every year different departments are included in the calendar. The
Business Administrator will check into the Calendar misprints.

Richter asked about the Garbage Pick Up Order for Ramapo Ridge Phase One and what
was done with this. The Business Administrator stated he sent it to Mr. Stanley Spiech
and asked for a Report in regards to the situation.

Kelly asked about the Christie Avenue Signs. The Business Administrator stated the
Department of Public Works is working on it. Richter said it is taking too long.

Roth asked if there would be a recap of the Budget for the first Budget meeting. The
Business Administrator said yes.

Paton stated the calendar was well done. Kelly concurred. Richter mentioned the blurb
she had submitted for inclusion in the calendar was not published.


Work Session Meeting Minutes
January 6, 2005
Page 10

On a motion made by Calandrillo, seconded by Kelly, the meeting was adjourned at
11:13PM. All in favor. Motion carried.

Respectfully submitted,


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








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