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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, MARCH 23, 2006

The meeting was called to order at 8:07PM by Council President Kelly who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 29, 2005 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, March 23, 2006 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: Councilmember Paton

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney’s Associate Nilufer DeScherer, Municipal Clerk Kathrine Coletta and Deputy Clerk, Janis Fox.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Richter, the Bills and Claims, previously signed, totaling $705,595.77 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.
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REPORT OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
Calandrillo reported she visited the Township of Saddle Brook’s Police Station and their building was very nice.

Richter stated the Planning Board Meeting was cancelled and the next meeting is scheduled for April 10, 2006.

Kelly stated he attended a meeting on March 15, 2006 at the Bergen County Freeholders in reference to the Airmont diversion property.

DiGiulio stated the Beautification Committee is having a Clean Up Month on April 1, 2006
and May 13, 2006 from 9AM to 12PM they will meet with volunteers to clean up the Township.

REPORT OF MAYOR and BUSINESS ADMINISTRATOR
Mayor Martel thanked the Council for all their work and efforts on the Budget. He stated there was a 6.9% increase over 2005 and he stated that Council President Kelly should be proud of his efforts.

MAYOR’S PROCLAMATIONS
Mayor Martel read the Proclamation entitled Eagle Scouts –Ryan B. Young, James L. Mordaga, and James A. Gianella, Jr.
Public Meeting Minutes
March 23, 2006
Page 2

PUBLIC PORTION
On a motion by Calandrillo, seconded by Roth, the meeting was opened to the public at 8:12PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue spoke about the Township’s $36M debt and asked if the Township would be receiving State Aid. The Business Administrator said the State of New Jersey has used numbers for State Aid for the Township of approximately $5 1/2M. It is the highest amount of State Aid in Bergen County.

Mr. Kidd asked if the foot bridge was repaired and how much was the repair. The Business Administrator stated the repairs were done by the Department of Public Works.

Mr. Kidd asked about the Historical Home. Kelly stated it has not been declared historical but is being looked into.

Mr. Kidd asked Kelly is he checked into why the Board of Health makes inspections at Ramapo College. Kelly read a note from John Hopper, Health Officer of the Board of Health Department
explaining why.

Mr. Richard Silvia of 822 Darlington Avenue asked Council for assistance over a Commercial Business on 795 Darlington Avenue that is causing unnecessary problems for the neighborhood. He stated he has reported this to Administration but nothing has occurred. Mr. Silvia stated the business is supposed to be a Landscaping Business but it is in a residential zone.

Mayor Martel stated he has spoken to other people on this subject and assured Mr. Silvia that the matter is being worked on.

The Business Administrator spoke about the New Jersey Right to Farm Act and stated they are trying to get some enforcement. He said the Landscaping Business has gone beyond the Township restrictions. The Business Administrator stated the business is going before the Agricultural Board on April 24th to determine what the Township is allowed to do.

Richter asked if there have been fines imposed.

Kelly asked if there was a change of tenancy and why the operation can not be shut down.

Roth asked if Commercial trucks are allowed. Kelly asked the Township Attorney to see if there are truck restrictions on Darlington Avenue.

Mr. Robert Hermansen of 6 Meester Street stated he needed clarification on not allowing a chain to be put across Olney Road. When he was in another Township he saw chains and signs across a closed road. Kelly stated they would look into this.

On a motion by Calandrillo, seconded by Roth, the meeting was closed to the public at 8:40PM. All in favor. Motion carried.
Public Meeting Minutes
March 23, 2006
Page 3

ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING SECTION 2-26.2 OF THE TOWNSHIP CODE ENTITLED FEES FOR COPIES OF PUBLIC RECORDS (OVERSIZED DOCUMENTS).

On a motion by Calandrillo, seconded by DiGiulio, the following Resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1540

BE IT RESOLVED that the Ordinance be passed and adopted on first reading.

BE IT FURTHER RESOLVED that said Ordinance be further considered for final passage at a meeting to be held on April 6, 2006 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM or as soon thereafter as the matter can be reached and at such time and place all persons interested be given the opportunity to be heard concerning this Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be, and she is hereby authorized and directed to take all necessary actions pursuant to NJSA 40A:2-17 and to publish said Ordinance according to law with a notice of its introduction and passage on first reading, and of the time and place where such Ordinance will be further considered for final passage.

Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, absent; Richter, yes; Roth, yes; Kelly, yes.
* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 24 OF CODE OF THE TOWNSHIP OF MAHWAH ENTITLTED: “ZONING” TO AMEND THE TOWNSHIP’S AFFORDABLE HOUSING PLAN ENFORCEMENT AND PENALTIES PROVISIONS AND PROVIDE FOR COLLECTION OF AFFORDABLE HOUSING FEES.

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

RESOLUTION – ORDINANCE NO. 1541

BE IT RESOLVED that the Ordinance be passed and adopted on first reading.

BE IT FURTHER RESOLVED that said Ordinance be further considered for final passage at a meeting to be held on April 20, 2006 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM or as soon thereafter as the matter can be reached and at such time and place all persons interested be given the opportunity to be heard concerning this Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be, and she is hereby authorized and

Public Meeting Minutes
March 23, 2006
Page 4

directed to take all necessary actions pursuant to NJSA 40A:2-17 and to publish said Ordinance according to law with a notice of its introduction and passage on first reading, and will be further considered for final passage.

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

The title of an Ordinance was read as follows:
2006 MUNICIPAL BUDGET

RESOLUTION – ORDINANCE NO. 1542

Introduced by Richter, seconded by Calandrillo.

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 April 27, 2006 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the Clerk publish said Ordinance with notice of introduction, passage and time and place where said Ordinance will be considered for final passage.

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

ORDINANCES -- PUBLIC HEARINGS
The title of an Ordinance was read as follows:
AN ORDINANCE TO AMEND CHAPTER 29 ENTITLED “STORMWATER CONTROL” OF THE TOWNSHIP CODE.

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

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

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

RESOLUTION – ORDINANCE NO. 1536

RESOLVED that the Ordinance be passed and adopted on first reading and the Clerk is authorized to advertise by title only as having been finally adopted, as required by law.
Public Meeting Minutes
March 23, 2006
Page 5

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

* * *

The title of an Ordinance was read as follows:
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK.

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

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

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

RESOLUTION – ORDINANCE NO. 1537

RESOLVED that the Ordinance be passed and adopted on first 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: Paton, absent; Richter, yes; Roth, yes; Kelly, yes.

* * *

The title of an Ordinance was read as follows:
ORDINANCE INCREASING AFFORDABLE HOUSING DEVELOPMENT FEES AND AMENDING CHAPTER 24 OF THE CODE OF THE TOWNSHIP OF MAHWAH.

RESOLUTION – ORDINANCE NO. 1538

On a motion by Calandrillo, seconded by Roth, the public hearing was carried to the Work Session Meeting of April 20, 2006.

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

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 21 ENTITLED; “LAND USE PROCEDURES”TO PERMIT AN INCREASE IN APPLICATION AND ESCROW FEES IN CONNECTION WITH APPLICATIONS BEFORE THE ZONING BOARD OF ADJUSTMENT.
Public Meeting Minutes
March 23, 2006
Page 6

RESOLUTION – ORDINANCE NO. 1539

On a motion by Calandrillo, seconded by Roth, the public hearing was carried to the Work Session Meeting of April 20, 2006.

CONSENT AGENDA
Resolutions #058-06 through #060-06 were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #061-06 and #062-06 were removed from the Agenda.

RESOLUTIONS
Resolutions #063-06, #064-06 and #065-06 were voted on and are attached and made part of these Meeting Minutes.

NEW BUSINESS
Resolutions #066-06 and #067-06 were voted on separately and are attached to and made part of these Meeting Minutes.

On a motion by Calandrillo, seconded by Roth, the meeting was adjourned at 9:10PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk

Meeting minutes prepared by Jan Fox, Deputy Municipal Clerk



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