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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, APRIL 28, 2005

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 in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, April 28, 2005 at 8:00PM.

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 J. Martel, Business Administrator Brian Campion, Township Attorney Meneloas Toskos and Municipal Clerk Kathrine G. Coletta.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by DiGiulio, the Bills and Claims, previously signed, totaling $4,147,205.38, were approved. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, absent; Roth, yes; Richter, yes. 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 DiGiulio, the Budget Work Session Meeting Minutes of March 23, 2005. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, abstain; Paton, absent; Roth, yes; Richter, yes.

REPORT OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
Calandrillo attended the Bio-Care Ribbon Cutting and stated the Ceremony was well attended and a nice event.

Calandrillo mentioned Rev. Kruger of the Local Assistance Board will be leaving May 22, 2005, and she anticipates the Local Assistance Board recognizing Rev. Kruger’s efforts on their behalf.

DiGiulio stated there was a W-3-R Meeting and the Committee will be working on all the details and presenting to council in the near future.

DiGiulio thanked the Police Department and the Ambulance Corp. for their efforts on her behalf at a recent ambulance call.

Kelly echoed Calandrillo’s comments on the Bio-Care Ceremony.

REPORT OF MAYOR and BUSINESS ADMINISTRATOR
The Mayor stated Stryker Orthopedics was a winner for the Corporate Entity Neighbor Award.
Public Meeting Minutes
April 28, 2005
Page 2

The Award Luncheon will be held on June 3, 2005. The Mayor encouraged Councilmembers to attend.

The Mayor stated with regards to the Ethic’s Ordinance Commission and Council’s rescinding of said Ordinance that the Mayor did not sign this Ordinance, and he felt it was sending a bad message to the Township Residents. The Mayor felt the Township should have its own Ethic’s Committee and recommended it being reinstated. Richter stated this would be put on for further discussion on an Agenda in June, 2005.

The Business Administrator said he met with the Highlands Commission in a introductory meeting with the group. The Business Administrator stated there will be more information on this at a future date.

The Business Administrator stated he met with United Water with regards to Ramsey Borough and the Distribution Line matter. The Distribution Line may benefit the Fardale Section.

The Business Administrator stated the Sidewalk Program has begun.

The Business Administrator stated the Township Recreation Director has resigned due to personal reasons.

MAYOR’S PROCLAMATIONS
Mayor Martel read the following Proclamations: Municipal Clerk’s Week: May 1, through May 7, 2005, Myasthenia Gravis Awareness Month: June 2005, Eagle Scout – Andrew Geronimo and Eagle Scout – John Gaut.

PUBLIC PORTION
On a motion by Kelly, seconded by Calandrillo, the meeting was opened to the public at 8:25PM. All in favor. Motion carried.

Mr. Carter Morris of 1051 Ash Drive asked for Council to take immediate action to erect stop signs in the area of Mulberry and Hickory Drives in the Darlington Ridge Development.

Mrs. Karen Stoohs of 85 Malcolm Road asked Council for assistance with her drainage problems.

Mr. Jack Winthrop of 10 Romopock Court is concerned about Ordinance #1514. Mr. Winthrop suggested erecting stop signs on Meadow Avenue. Mr. Winthrop feels that Ordinance #1514 as presented will cause him hardship at his business on the corner of Brook Street and Ramapo Valley Road.

Mrs. Melissa Ritter of 115 Catherine Avenue urged Council to adopt Ordinance #1514.

On a motion by Roth, seconded by Kelly, the meeting was closed to the public at 9:00PM. All in favor. Motion carried.
Public Meeting Minutes
April 28, 2005
Page 3

OPEN SPACE AND RECREATION PLAN AMENDMENT – PUBLIC HEARING
On a motion by Kelly, seconded by Calandrillo, the meeting was opened to the public at 9:01PM. All in favor. Motion carried.

Being no comments were made from the public, on a motion by Roth, seconded by Alderisio, the meeting was closed to the public at 9:02PM. All in favor. Motion carried.

See Resolution #097-05 attached to and made part of these Meeting Minutes.

ORDINANCE – INTRODUCTION
The title of an Ordinance was read as follows:
AN ORDINANCE TO AMEND CHAPTER 7 OF THE MUNICIPAL CODE OF THE
TOWNSHIP OF MAHWAH TO PROVIDE FOR STOP SIGNS AT THE
INTERSECTION OF JOHNSON AVENUE AND MEADOW AVENUE AND
PROHIBITING LEFT HAND TURNS FROM RAMAPO VALLEY ROAD
NORTHBOUND ONTO BROOK STREET AND CATHERINE AVENUE.

RESOLUTION – ORDINANCE NO. 1514

Introduced by Calandrillo, seconded by Kelly.

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 on May 12, 2005 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at
8:00PM.

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

ORIDNANCES – PUBLIC HEARINGS
The title of an Ordinance was read as follows:
CALENDAR YEAR 2005: ORIDNANCE TO EXCEED THE MUNICPIAL BUDGET
APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK.

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

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

Public Meeting Minutes
April 28, 2005
Page 4

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

RESOLUTION – ORDINANCE NO. 1509

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 vote: 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 TO AMEND CHAPTER 5 OF THE MUNICIPAL CODE TO
PROVIDE FOR THE CURBING OF ALL PETS AND TO PROHIBIT FEEDING OF
WILDLIFE ON PUBLIC PROPERTY.

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

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

On a motion by Roth, seconded by Kelly, the following Resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1511

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 vote: 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 TO AMEND CHAPTER 17 ENTITLED “SEWERS” TO ADD A NEW
SECTION ENTITLED “STORMWATER MANAGEMENT”.

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

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

On a motion by Calandrillo, seconded by Kelly, the following resolution was passed and
Public Meeting Minutes
April 28, 2005
Page 5

adopted:

RESOLUTION – ORDINANCE NO. 1512

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 vote: 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 TO ADD SECTION 3-6a OF CHAPTER III OF THE MUNICPAL
CODE TO ADD A NEW SECTION ENTITLED “YARD WASTE”.

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

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

RESOLUTION – ORDINANCE NO. 1513

Introduced by Kelly, seconded by Roth.

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

CONSENT AGENDA
Council concurred Resolutions #098-05 through #101-05 and the Raffle Applications would be
voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

Approval of Raffle Applications
On a motion by Kelly, seconded by Roth, the Raffle Applications for the HSO Mahwah Lenape
Meadows were approved. All in favor. Motion carried.

RESOLUTIONS
Resolutions #102-05 and #103-05 were voted on separately and are attached to and made part of these Meeting Minutes.

NEW BUSINESS
Resolutions #104-05 through #107-05 were voted on individually and are attached to and made
Public Meeting Minutes
April 28, 2005
Page 6

part of these Meeting Minutes.

COUNCIL COMMENTS and COMMUNICATIONS
Alderisio stated he asked the Township Attorney if voting on the Budget would be a conflict of interest. The Township Attorney, according to Alderisio, said it was not. Alderisio was outraged over allegations that he is a member of the “Health Spa of Mahwah”. Alderisio stated the Police Department offers a small gym area as donated by the Mahwah Police Benevolence Association; no Mahwah Township Funds were used for this gym area. Alderisio stated as a Police Benevolence Association Member he does use and has the right to utilize this facility.

REPORTS OF SUBCOMMITTEES
DiGiulio stated the Beautification Committee will be meeting on May 2, 2005 at 7:30PM.

DiGiulio stated with regard to the W3R Committee that some one in the Township will be able to get the actual plates George Washington gave to Mr. Harper for the W3R Festivity.

DiGiulio voiced concern over the non-pavement and lack of lighting of the Museum Parking Lot. The Business Administrator suggested passing the Budget, as the Museum Parking Lot work is included in the Capital Budget.

Roth stated the Communication Commission Committee will have a meeting on May 6, 2005 to discuss the description and formalize the responsibilities of the Communication Commission Committee.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public at 9:37PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue asked the Township Attorney about the Freedom of Information Act with regards to obtaining information he asked the Business Administrator for on the Township’s rental fee for the Township property on East Ramapo Avenue. The Township Attorney asked Mr. Kidd to submit this request to the Municipal Clerk. The Business Administrator stated it was researched and the requested Lease Agreement could not be located. Richter asked Mr. Kidd to reword his request and resubmit it to the Municipal Clerk.

On a motion by Calandrillo, seconded by Kelly, the meeting was closed to the public at 9:42PM. All in favor. Motion carried.

UNFINISHED BUSINESS
2005 Municipal Budget; Discussion
On a motion by Kelly, seconded by Calandrillo the proposal Kelly provided to Council last week with the alteration of reducing the Department of Public Works by $22,000.00 with overall reductions to the Budget being $154,950.00, and a $200,000.00 reduction in the Department of Works Capital Account were moved.

Public Meeting Minutes
April 28, 2005
Page 7

Roth stated he needed clarification on which proposal Kelly was referring to, as there was more then one proposal. Roth stated he spoke to the Business Administrator and asked to combine the two proposals in order to find common ground with the Financial Figures discussed. Roth asked the Business Administrator if this had been done. The Business Administrator said he had not met with Kelly to discuss this.

The Business Administrator gave a brief overview of the two proposals and cuts offered by the Financial Committee and Kelly.

Roth stated an important aspect of the Financial Committee’s proposal that is not in Kelly’s proposal is the three Police Department Jobs that are projected to be removed through attrition. Roth asked Council to reconsider this, as it will benefit the Township with a long term financial impact. Roth implored Council to work together to pass the Budget.

Richter asked for clarification with regards to the figures for the three replacement Officers. The Business Administrator stated Chief Batelli said it would cost $40,000.00 to hire 2 officers mid-year and 1 officer in November. This would save the Township $44,000.00 in the 2005 Budget. Alderisio stated if before July Officer Brennan states he wishes to return to the force, these figures would be inaccurate. Roth stated that was true. Alderisio stated if this takes place, he wanted to make sure there were no problems with these officers remaining on the force. Richter stated she had no problem with this, as this is something that is out of Council’s control.

DiGiulio stated the Health Department would like their Budget increased by $2,000.00 to reflect the Flu Vaccine Increase. Richter stated again, she had no problem with this, as this is something that is out of Council’s control.

Council discussed the cuts to the Line Items of the Proposed Amendment to the 2005 Municipal
Budget. On a motion by Kelly, seconded by Calandrillo, the Proposed Amendment for the 2005
Budget was moved. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes;
Paton, absent; Roth, yes; Richter, yes. Motion passes. This Amendment will formally be voted
on at the May 5, 2005 Public Meeting.

In addition to the Proposed Amendment to the 2005 Municipal Budget that was just voted on,
Council discussed a number of additional Amendments to the 2005 Municipal Budget.

On a motion by DiGiulio, seconded by Calandrillo, a motion was made to adjust the Board of
Health Budget to include $2,000.00 for the Flu Vaccine Increase. Roll call vote: Alderisio, yes;
Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, absent; Roth, yes; Richter, yes.
This Amendment will formally be voted on at the May 5, 2005 Public Meeting.

The 2005 Code Revision Project that would trigger a probable $25,000.00 increase to the
Municipal Clerk’s Office was carried to 2006.

On a motion by Alderisio, seconded by Calandrillo, a motion was made to freeze staffing levels
for 2006 that would prevent any new or added staffing positions in the Township. Council
Public Meeting Minutes
April 28, 2005
Page 8

decided to rescind this motion until additional Legal Direction was received next week.

On a motion by Roth, seconded by Richter $5,000.00 was removed from the Senior Citizen’s
Budget and $8,000.00 was removed from the Recreation Budget in addition to the other cuts,
as per the Proposed Amendment voted on this evening. Roll call vote: Alderisio, yes;
Calandrillo, yes; DiGiulio, no; Kelly, yes; Paton, absent; Roth, yes; Richter, yes.
This Amendment will formally be voted on at the May 5, 2005 Public Meeting.

On a motion by Alderisio, seconded by Richter $200,000.00 was removed from the Department
of Public Works Roads Capital Budget. Roll call vote: Alderisio, yes; Calandrillo, yes;
DiGiulio, yes; Kelly, yes; Paton, absent; Roth, yes; Richter, yes.
This Amendment will formally be voted on at the May 5, 2005 Public Meeting.

On a motion by Roth, seconded by Richter, $350,000.00 was removed from Police Capital by
means of the Seized Funds. Roll call vote: Alderisio, no; Calandrillo, no; DiGiulio, no;
Kelly, no; Paton, absent; Roth, yes; Richter, yes. Motion fails.

On a motion by Roth, seconded by Kelly, monies were reallocated between the Senior Citizen’s
Budget and the Planning Budget. Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes;
Paton, absent; Roth, yes; Richter, yes.
This Amendment will formally be voted on at the May 5, 2005 Public Meeting.

On a motion by Alderisio, seconded by Kelly $10,000.00 of Overtime in the Construction
Department Budget was reallocated between the three SubCode Department Budgets: Building,
Electrical and Plumbing. Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton,
absent; Roth, yes; Richter, yes.
This Amendment will formally be voted on at the May 5, 2005 Public Meeting.

Calandrillo asked if Administration honored her request to look into having the County pay
Mahwah to service the Roads in the Winter. The Business Administrator said the Department of
Public Works Supervisor was not in favor of this. Calandrillo asked why. The Business
Administrator stated he would get more information on his answer, but he believed it was due to
lack of man power available to accomplish the work.

Roth asked the Business Administrator to provide a reallocation of the original cut sheet to
Council for their perusal. The Business Administrator stated he would speak to the Chief
Financial Officer and he would prepare an Amendment.

Richter stated she was happy to see that Council cooperated with each other and much was
accomplished at this meeting. Richter cautioned Council that the vote on June 12th, 2005 is a
very important meeting and 5 votes are needed for each increase to the 2005 Municipal Budget
and 4 votes are needed for every decrease to the 2005 Municipal Budget.




Public Meeting Minutes
April 28, 2005
Page 8

On a motion by Kelly, seconded by Roth, the meeting was adjourned at 10:58PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr




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