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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, MAY 11, 2006


The meeting was called to order at 8:03PM 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, May 11, 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 Calandrillo, DiGiulio (8:08PM), Kelly, Paton, Richter (8:04PM), and Roth.
Absent: Councilmember Alderisio

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry P. Bottinelli, Deputy Municipal Clerk Janis Fox, and Municipal Clerk Kathrine G. Coletta.

SPECIAL PRESENTATIONS
1. Presentation; Assemblyman Kevin J. O’Toole to Tianqi Wang – Winner of North
Jersey Spelling Bee
Assemblyman Russo attended in Assemblyman O’Toole’s place. Assemblyman Russo congratulated Tianqi Wang from Ramapo Ridge School, on behalf of Senator McNamara, Assemblyman O’Toole and himself and presented her with a special plaque from the Assembly and Senate in Trenton as her proud parents looked on. Assemblyman Russo said Ms. Wang will be competing in the Scripts National Spelling Bee in Washington, DC in June.

2. Presentation; Safety Incentive Award
The Business Administrator informed Council that last month the Township was recognized by the Bergen County Joint Insurance Fund and for the entire past year ranked first out of the large municipalities for safety and for the lowest incidences of accidents. The Township has invested a lot of time in safety training for our staff and employees, particularly in the Department of Public Works, where our Director Mr. Speich is the Municipal Safety Coordinator. At the Annual Safety Meeting in April Mr. Speich received the Gold Award on behalf of the Township for the best safety record. The Business Administrator and Mr. Speich presented the Award to the Mayor and Council.

Mayor Martel commented that the Award is significant as the Township does spend a lot of time training employees on safety and thanked Mr. Speich for all his effort.

VERIZON – PUBLIC HEARING; “VERIZON NEW JERSEY INC. APPLICATION FOR MUNICIPAL CONSENT TO CONSTRUCT AND OPERATE A CABLE TELEVISION
SYSTEM IN MAHWAH”
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May 11, 2006
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Ms. Donette Barnett, a Verizon representative, stated she was before Council with Gwenn Cogan of Verizon and Attorney Christine Petruzzell representing Verizon. Ms. Barnett stated Verizon is building a multimillion dollar high-speed fiber optic network that can deliver telephone service, Internet Service and cable service. Verizon gave a short presentation of the fiber optic FiOS TV, including features such as video on demand and DVR, which would allow viewers to digitally record television shows.

Ms. Gwenn Cogan a Verizon Representative briefly explained they were seeking Council’s approval of their Municipal Consent Application via a resolution and after that they would like to negotiate a Franchise Ordinance with the Township. She stated she wanted to go over the process and would then have the Attorney Christine Petruzzell answer any questions. Ms. Cogan went over the two step process and stated, although Verizon offers its phone service and high speed Internet hookups now, the company still requires a franchise agreement with the individual towns in order to activate the FiOS television service.

Ms. Petruzzell reviewed the procedure, that applies to the application that Verizon filed with the Township on February 27, 2006. She explained that the process of obtaining a cable franchise is a two step process. First, there are proceedings before the Municipality and then proceedings before the Office of Cable Television, which is known as a Certificate of Approval which is the franchise. Ms. Petruzzell said this evening is the first step and Verizon would like Council’s approval of the application. She stated at the conclusion of tonight’s Public Hearing, Council would have the opportunity to make a decision to approve or deny the application. If the application, which is over 200 pages long is approved, terms will be developed through a Municipal Consent Ordinance. Once the Ordinance is developed it then goes to the Office of Cable Television to be reviewed and ensure it complies with the New Jersey Cable Act. The Township Council would then go through adoption procedures for the Ordinance.

Ms. Petruzzell urged Council to vote on Verizon’s application or alternatively close the Public Hearing this evening and continue the hearing for 30 days and then make a decision on the application. Ms. Petruzzell feels that Verizon satisfies the statutory standards with the Township.

Kelly asked if they were making a presentation or was the video the presentation. Ms. Cogan said the video was the presentation.

The Township Attorney asked Verizon to describe the build out of the physical system of how the cable will operate if a cable franchise is granted. Ms. Cogan stated they have already built out a significant portion the community under the Telecom Agreement that they already have with our Township. Ms. Cogan stated between 90 and 95 percent of the Township’s residents who live in single family homes currently have the necessary infra-structure from Verizon.

The Township Attorney said Verizon states they have 61 miles of aerial trunk and 20 miles of underground trunk and wondered if that was accurate. Ms. Cogan said she had to defer on this


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May 11, 2006
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as she took the place of Verizon Representative John Harrington, who had a medical emergency.

The Township Attorney said there were no details provided in the application about the rate of annual construction or municipal consent to use the fiber to the premises network to provide cable services. Ms. Cogan answered that Verizon is upgrading their network across the state to provide enhanced services. She stated again, that 95% of the homes are built out. The Township Attorney then asked about the time period of the upgrade. Ms. Petruzzell said the proposed bill will be complete within a five year period but that would be engineering details.

The Township Attorney asked if Verizon if they could provide a map of the Township showing what areas are going to be immediately available for their services and the timeframe for other areas that will be covered in the future. Ms. Cogan said she would have to check on this.

Ms. Petruzzell was not sure that maps exist but stated Verizon engineering people can meet with the Township to determine when the entire Township will be built out. Ms. Petruzzell said they may not be able to provide cable service the same time as the Township is being built out. The Township Attorney stated the public should know the timeframe as the reason for them coming into the Township is to provide competition to other providers.

Ms. Gwen Cogan said that a Verizon cable franchise in the Township would help lower residents’ cable costs by adding choice and competition with Cablevision.

The Township Attorney said it is his understanding from their application that Verizon will decide whether or not the terms and conditions offered to the condominium or apartment dwellers is reasonable. Ms. Cogan said that is what they plan to do and the reason being condominium associations usually have a contract where rates are less than a single homeowner.
Ms. Petruzzell said if Verizon cannot come to reasonable accommodations for both parties they will have to walk away from it. Ms. Petruzzell stated the goal for Verizon is to get customers not walk away from them.

Ms. Cogan said that Verizon does not have any cable customers presently and it wants customers. She also stated that Verizon is accountable to its stockholders and will do what is profitable.

The Township Attorney asked what a head-end was as they use this term in their application. Ms. Cogan stated it is where the signal originates. They will be using their central offices to disperse to their customer base.

The Township Attorney asked what areas will be subject to the line extension policy in the Township. Ms. Cogan stated 30 homes per mile is the standard and if there are homes that exceed 30 homes per mile, they may not service them. The Township Attorney asked Verizon to identify what areas in the Township would not be serviced due to this density restriction. Ms. Cogan stated she does not think there are any but will get information on this.

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May 11, 2006
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The Township Attorney asked if Verizon has negotiated an agreement with Cablevision on how they will use their cable system. Ms. Cogan said no as they have not been able to get Cablevision to sit down with them. Ms. Cogan repeated again that she was sorry but had been thrown into this at a late date and could not provide a lot of information.

The Township Attorney asked, whether Verizon would provide equipment and grants for the Township’s public access channel. Ms. Cogan said she could not answer because she did not know the Township’s current needs and she would not negotiate it until the Township begins to write an ordinance.

The Township Attorney asked whether Verizon would donate its cable service to the public schools, the Township library and various municipal buildings. Ms. Cogan said she cannot at this time and is not familiar with what the Township has today. Ms. Petruzzell said their proposal is not to give equipment. Ms. Petruzzell said Verizon would offer free basic cable service to the schools and library and would negotiate any free services offered to other municipal buildings when drafting the ordinance.

The Township Attorney stated on Verizon’s application there is a statement that says, “ describe any Verizon production equipment and facilities that would be available to local community groups, the Township, and local schools to develop programming”. The Township Attorney stated it does not identify any it just states some may be available for access channel users. Ms. Cogan said that can be discussed with the franchise ordinance and it depends on the terms of the agreement.

The Township Attorney asked where Verizon’s local customer service office would be located. Ms. Cogan stated she did not know or if they determined where it would be. Ms. Barnett stated they have one in Lyndhurst. Ms. Petruzzell stated Verizon will provide a toll free 800 number on a 24 hour basis and equipment can be sent to homes and technicians will be dispatched from numerous locations.

The Township Attorney asked if Verizon is prepared to make a contribution in support of local PEG channels and what kind will they be prepared to make. Ms. Cogan said once they come to an agreement they will discuss this. Ms. Petruzzell stated they are just here for the first stage and approval of application and then they would proceed to negotiate terms.

The Township Attorney asked whether Verizon would provide free internet access to the schools, library and various municipal buildings. Ms. Petruzzell said no this application is only to provide cable television service. The Township Attorney stated the video Verizon presented indicated there would be internet service.

The Township Attorney asked if Verizon would offer a senior citizen discount. Ms. Cogan said there would not be a need for a senior citizen discount because the added competition would drive down the rates.

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May 11, 2006
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DiGiulio said she was very disappointed in Verizon’s presentation. They were very ill prepared and did not describe anything they were going to do or offer. She feels they are not ready for a franchise in our Township and it would feel like the Township is giving them a blank check.

Ms. Petruzzell said she feels their application says a lot about the service and product they would like to offer and felt they were giving the highlights.

Ms. Barnett stated they did go over details with the Mayor and members of the Township’s Cable Committee as they want to prove they are qualified.

Kelly said he feels there is a communication gap and the Council does not automatically know what is taking place with various committees.

Paton questioned how the representatives could say there was a 90 to 95 percent buildout when they haven’t talked to the condominium associations. Ms. Cogan stated Verizon engineers have had conversations with these units. She is not an engineer and has not looked at maps for the area.

Paton said they mentioned that they would be providing a basic service. Paton said they do not mention where the PEG channels would be. Basic cable has 78 channels so everything above this will require a box and there would be charges for all boxes on each television in the home. Ms. Cogan said the PEG channel is required by federal law to be part of the basic level of service. Paton said they should update their chart as this was discussed a few months ago. Ms. Cogan said they would update their chart.

Paton then asked how the PEG channel will be delivered and stated they had asked someone about this previously who was suppose to address this issue but has not. Paton said the Township has multiple exchanges that overlap in various towns. If this service is provided to one exchange would it go to everyone in the Township on that exchange or would it also go to the other nearby Township’s that have the same exchange.

Paton asked what would be an installation time to provide service. Ms. Cogan stated this would be hard to predict but probably within a year of the approval of the BPU.

Paton asked on Verizon’s installation, what would the installation time be for residents. Ms.Cogan said it may take several hours. Paton stated each installation requires a box attached to a person’s house. The box has a battery and who is responsible for the battery.

Ms. Barnett said the fiber box provides a battery pack with an indicator on it. Paton said the battery packs will require an electrical outlet in the garage or utility room. This would mean the resident would have to have an electrician and get a permit and install this. Paton feels there are a lot of open technical questions still unanswered.

Calandrillo said she did not get positive information from the Verizon presentation. One thing she said Verizon did not ask the Homeowner Associations in the Township was if they had Public Meeting Minutes
May 11, 2006
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an exclusive arrangement in their complex. Ms. Cogan said the engineering staff has reached out to these individuals but she does not have information on this. Calandrillo then asked how Verizon could stand before Council and give a proposal and not know what our Township Cable needs are. Ms. Petruzzell said that would be in the next phase of their discussion after they approve the application.

Roth asked in terms of present wiring in the Township what is the percentage of the homes that have been completed for the upgrade. Ms. Cogan said 90 or 95% was the number she was given but has nothing more definitive than this. Ms. Barnett said she would follow up on this and get the numbers.

Roth asked if Verizon sees funding, applicable to PEG access, as a shared enterprise with Cablevision or a competitive initiative by Verizon. Ms. Cogan stated Verizon feels PEG has its place and they want to provide an access channel but feel they would like an interconnection agreement. Roth said if we identify what our needs are in terms of financial information should we discuss this with Verizon or are they taking the approach that there is a fixed set of money and Verizon could pick up half. Ms. Cogan said this is always negotiable and would prefer the Township discussing what their needs are to have a good product.

Richter also expressed dissatisfaction with Verizon’s presentation and stated all she heard from them was “I apologize and will have to get back to you”. Richter feels Verizon is not offering anything unique and hopes they will come back with more information. Ms. Cogan said it falls on the Municipality to direct the cable provider with what they need and would benefit on. Richter stated she felt Verizon should have known what the Township’s needs were. Ms. Cogan said fiber has benefits that cable does not so they are providing residents with a choice and apologized again, saying they will get back to Council with answers to their requests.

Kelly said he takes offense if Verizon received a statewide franchise in place and the Township would have no choice. Kelly stated he was not feeling good thoughts on this. Kelly said he takes offense to this and feels the atmosphere is not friendly. Ms. Petruzzell asked Kelly why he had negative feelings on this proposed state legislature. Kelly stated because the state represents Verizon.

Ms. Barnett stated they would like to maintain a good working relationship with the Township.

Kelly questioned cost and feels what is provided for schools would be just basic channels so the schools would have to pay more for what they want. Ms. Petruzzell stated Verizon would be giving the local basic broadcast channels as well as public access channels.

Kelly asked about Verizon’s history of service to the customer in regard to response to problems, and how timely. Ms. Barnett stated they have a new Service Technical Center with specially trained technicians in fiber optic. Kelly asked if Verizon picks and chooses where they are giving good customer service because he cannot understand why Verizon was unable to get three telephone poles out of the roadway for over a year. Kelly said there are poles currently in the roadway which is a danger to motorists and anticipates the Township will not have good
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May 11, 2006
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customer service if they get this franchise. Ms. Barnett said she has never received a call on this
as there is joint ownership on the poles. Ms. Barnett said she will do anything she can to alleviate this problem and will leave her card with Administration.

Kelly asked Verizon what the window for completion would be for the whole Township, eliminating the Condominiums and only for private home feels it would be at least anywhere from 2007 to 2012 for the whole Township would be with service for homes. Ms. Cogan
said if the discussions go smoothly with the various Associations it could be quicker and hopes they can “woo” them with incentive packages they will offer.

Kelly said if they are going to “woo” anyone it should be the majority of the Township and he has concerns about cheaper rates for Condominium Associations and feels we should get reduced rates for the whole Township. Ms. Petruzzell stated the Township does and she is not sure what rates will be offered as the rate now are just proposed rates. Ms. Cogan stated competition does have an effect on rate.

Paton said he takes great exception that we could get higher franchise fees for the Township and Verizon is representing that they are giving this to us. Paton stated these fees are a tax to each customer and Verizon should not represent that they are giving this to us. Paton stated a year has been wasted on this and we may not even have service for another year. Paton stated that Verizon’s argument before the FCC and State, Congress and Senate is that it takes too long to negotiate. Paton asked for Verizon to please correct that comment. The Township has 8,500 subscribers and about 1,000 are seniors and they get a cable discount. Paton hopes that their plan considers these 1,000 households.

Mr. Drew Baumgardt of 200 Midvale Mountain Road feels the competition would be good for the Township. When Verizon wants to upgrade their outside plant to fiber optic he feels is a great thing. Mr. Baumgardt said his impression on Verizon’s outside plant in the Township is every pole that has a pair of copper wire going to a house whether a public or private road. If they are going to upgrade their network they should be looking to do it for everyone. He has trouble with the 95% figure because if that many have been done why would it take another five years to do the rest. Mr. Baumgardt also stated he feels that the Condominium owners are just as important as anyone else. Mr. Baumgardt stated he cannot understand that in the area where he lives they have done a few houses on a few of the roads but did not do the last 4/10th of a mile on Midvale. Mr. Baumgardt also stated they would also like the benefits of also having high speed internet service in the future.

Ms. Petruzzell commented she was not an engineer but they have aerial build out that has been 90% constructed and buried build out has not been constructed yet and five years is the outside parameter to complete.

Ms. Barnett stated she would try to get an answer for Mr. Baumgardt as to why they have not done the last half mile.

Mr. Ken DeFerrari of 69 Maysenger Road said he was surprised Verizon was so ill prepared and
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May 11, 2006
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unable to answer questions. Mr. DeFerrari stated Verizon owns all the poles and he has AT&T service so when something happens on the pole he has to wait for Verizon to show up for two days. Mr. DeFerrari commented on the history of the Township and the poles and when there is a problem so when Verizon states they will pull off all there people to take care of an emergency that means other people suffer.

Mrs. Peg Thornton of 16 Bergen Place she thought that the cablevision senior discount is only for the seniors on PAAD. Mrs. Thorton does not feel there are 1,000 seniors in Mahwah eligible for the senior discount. Mrs. Thornton has the FiOS internet, the professionalism of the men that installed it and the information they provided is the best she ever had.

Robert Hermansen of 6 Meester Street said in talking to seniors they are concerned that there were only two packages and no middle package which would be more to their liking and more affordable. Mr. Hermansen said he has FiOS but most seniors will not be signing up for high speed internet in order to get a discounted package.

Mr. Hermansen expressed concern about the Service Center being so far away in Lyndhurst in case there was a power outage. Ms. Barnett said there can be a service center locally as they have them all over now. Ms. Cogan said they already exist but she will have his suggestion looked into.

Mrs. Melissa Ritter of 115 Catherine Avenue said she has the FiOS service, it is wonderful and has had only one hour of interrupted service. Mrs. Ritter feels we should let Verizon into the Township to compete. Mrs. Ritter said she has called the 800 number and the Verizon people have been very good with her.

Mr. Alan Kidd of 111 Miller Road said he did not like Cablevision and was glad that Verizon is before Council this evening. Mr. Kidd feels Verizon has a good service and suggested that if they want a lot of customers they should offer free setup for fire volunteers. Mr. Kidd feels this would show good will to the community.

On a motion by Roth, seconded by Paton, to continue the Verizon Hearing on June 8, 2006 at which time Council would have more definitive responses to questions. Information will be given to the Municipal Clerk by June 1, 2006

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

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Roth, the Bills and Claims, previously signed, totaling $5,024,166.86, were approved. All in favor. Motion carried. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK:
DiGiulio said she attended the ceremony on Sunday for the two Boy Scouts, Andrew Ragone and
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May 11, 2006
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Scott Delventhal. She stated there have been so many Boy Scouts who have become Eagle Scouts in the past year. She is really impressed on how focused they all are. DiGiulio mentioned that Drew Baumgardt helps these young men with their projects.

DiGiulio reminded everyone about the parachute jump. If anyone wants information on this it will be on the Police Department website. They are still looking for donations to help the leukemia fund.

DiGiulio mentioned that on August 26, 2006 there will be the Washington Revolutionary March.

DiGiulio had flags she showed Council that the Beautification Committee is looking to put up on Route 202 to signify the commensuration to the march.

The Beautification Committee is having a Clean Up Day on May 13, 2006 at Continental Soldiers Field from 9:AM to 12:00PM. Lunch will be provided and if it rains it will be cancelled.

Roth said he attended the Eagle Scout Ceremony with DiGiulio and the Mayor. He congratulated both of the young men and they have accomplished so much for the Township.

TOWNSHIP COUNCIL: COMMENTS, COMMUNICATIONS and REPORTS OF SUBCOMMITTEES
Calandrillo said the Mayor and Council will be honoring Lee Vold on June 29, 2006 which will be declared Lee Vold Day. Mrs. Vold has done so much for our community by photographing every human interest story and every history event in the Township. This will be held in our Senior Center beginning at 12:00PM and will be $5.00 per person.

Paton asked where The Township stands on fire sirens issue. He has gotten various stories and concerns on this issue. There is an area where a Developer is building homes with no sirens and when residents move in and these sirens are turned up there will be concerns. As a Council, he feels we should understand what is functioning.

Kelly said he received a telephone call from the Fire Chief that he has been in contact with the Developer and there have been ongoing discussions and meetings with the Mayor and some residents. The Fire Chief is happy with the final resolution for this problem and they will be looking at the entire question of the fire sirens in the Township.

Paton said there are fire sirens in the Township that are not working. Kelly stated the Fire Department is aware of this and will be coming back to Council on this.

Paton read a letter that was addressed to Kathy Coletta, Municipal Clerk on May 11, 2006 from Eileen Richter and himself. The letter said that according to the Faulkner form of government, since no candidate on the May 9, 2006 Election received ballots of 50% of the number of voters, that a Runoff Election be held according to State law. Richter and Paton requested that a formal Public Meeting Minutes
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Determination is made by the State Election Commission.

The Township Attorney spoke about a Newspaper Article referencing elections held in Sparta, New Jersey. According to the Newspaper article, Sparta being a Faulkner Act Community was going to have run-off elections. The Township Attorney stated he then did substantial research on Richter and Paton’s questions comparing our Township with Sparta’s community.

The Township Attorney said there are two questions that can be presented when you have a Faulkner Act Community. In our Township we have a Mayor and Council form of government. When a Faulkner Act Community is formed there is a determination made in their petition, to get onto the ballot of voters they ask the voters what they want. There are a lot of questions, some being, do they want a Mayor and Council Plan of the Optional Municipal Charter Law, do they want a Mayor, do they want five councilmembers, seven councilmembers, are the council- members to be elected at large are the councilmembers to be elected in May or November. If the election is in November, there is partisan politics. If they choose May there is non-partisan politics.

The Township Attorney stated that on September 12, 1983 the ballot question was presented and the following was the questioned presented to our Township voters: “Shall the Mayor and Council plan of the Optional Charter Law providing for a Mayor and seven councilmen to be elected at large and elections held in May be adopted by the Township of Mahwah”.

The Township Attorney further stated that this ballot question could have also included a question concerning run-off elections. There are two views, the majority rules view, that requires a run off or there is the plurality rule which there is no majority or run offs and the candidate with the highest number of votes wins. The New Jersey State Statute 40:45-19 that Paton pointed out in his letter gives the procedure for having run-off elections.

The Township Attorney said another section has to be looked at also which is New Jersey State Statute 40:45-17, Elected Candidates. The Township Attorney read the statute which states that it provides that the regular municipal election in any municipality which has adopted this Falkner Act the candidates receiving the greatest number of votes cast shall be elected to the respective offices. Except, as otherwise provided by law, the Term of Office by any Officer elected pursuant to this act shall begin on July 1st following the election.

The Township Attorney stated in Section 18 goes on to provide run-off elections. Run-off elections are only available if the voters of any Municipality shall have adopted the proposition of holding run-off elections in a Municipality before or after May 2, 1990. In Mahwah, although that could have been done it was not done. Since Mahwah has no provision for run-off elections, Mahwah is not a majority rules in the sense it requires a run-off if a candidate does not get 50% of the number of voters plus 1. Mahwah is a plurality rule in which Section 17 is the determining statute. In Mahwah the candidates receiving the greatest number of votes cast shall be elected to the prospective offices.

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The Township Attorney stated even though Paton and Richter have a petition the Municipal Clerk has no authority in this regard. The State Statute is controlling. Paton said he still has the request that the State Election Official pass comment on this.

Richter said Section 13 does not say the Municipality has to vote in or not vote the 50% plus one or that there was an option to, the Township just did not vote it in. Richter asked what the Public Law states. The Township Attorney said the Statute Richter is reading comes from New Jersey Statute 40:45-18, Run-Off Elections Exceptions. The Township Attorney stated is starts out with
whoever gets the most votes wins. It then states not withstanding that provision, “if the voters of any Municipality shall adopt the proposition of holding run-off elections in the Municipality either prior to or subsequent to May 2, 1990 at the regular Municipal Election held in that Municipality, the candidates receiving the greatest number and majority of votes cast shall be elected to the respective offices except that if”. The Township Attorney said go to Section F which is “four Councilmen at large are to be elected and two or more of the candidates for that office receive the majority of the votes casts. Four candidates receiving the greatest majority of votes shall be elected”. The Township Attorney stated there is nothing that the voters of the Township have passed and there is no adoption of a proposition that there are run-off elections. Any documents that were found for the initial question that was put to the voters there is no provision in it for having a run-off.

Richter stated she needs clarification as the State did not say this to her when she called them.

Kelly asked if the Township Attorney could provide some clarification. The Township Attorney stated he will give her a copy of the Law. Kelly asked if it is appropriate for a State officer to make a determination on this based on state law without the knowledge of what our Township did on a local basis with the form of government.

The Township Attorney explained the first determination is the Municipal Clerk and then the County Clerk.

Paton asked if they could get all the results and clarifications by Tuesday. Paton said he would like a response to the question by the State Official for the interpretation of the law.

Kelly asked for this question to be addressed between the Clerk’s Office and the Legal Team.

Roth said he met with the Business Administrator to craft a Township ordinance for the television station service bulletin board. Roth stated the Business Administrator is moving forward on this with the Township Attorney. Roth expects to have an Ordinance draft for consideration to be submitted for review before Council in a couple of weeks.

Mayor Martel commented on Paton’s question on the fire sirens. This issue has become a sensitive one in our Township and surrounding towns. He has had meetings with the Fire Chief
and residents and has discussed what the policies of the Fire Department have with the sounding

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of the fire alarms. The Fire Chief told the Mayor they have made some concessions and are investigating whether further concessions should be made. The Fire Chief will get back to the Mayor with a reply which he will share with Council when he receives it.

The Mayor addressed the issue of the contractor building the new homes on Campgaw Road. He stated a new road was built and the telephone pole that housed the siren had to be taken down. The contractor was advised not to install the pole until they could determine where the new location of the pole was to be. The Mayor said the pole and siren will be in operation within the next few days.

Richter feels that it should have been noted in the Developer’s Agreement that there was a pole with a siren.

Richter pointed out firefighters are not receiving their pages and if it was not for the sirens she would not know there was a fire. Richter feels each individual fire station should have their say in this matter. Richter stated that sirens are of vital importance to civil defense.

DiGiulio had concerns that the firefighters are volunteers and it is vital that the volunteers get to the scene as soon as possible as it puts everyone in danger.

Kelly stated the Mayor requested that he place fire sirens on an upcoming agenda. Kelly stated he told the Mayor that he will not do so as he feels it is not proper for the Council to discuss this without adequate input from the Fire Department. Kelly said he would like to provide the Fire Chief the time and opportunity to be able to deal with the Board of Firematic Officers to get the complete picture.

DiGiulio asked what the status was on the left turns coming off Route 202. Kelly said this item has gone to the state and it is up to them to approve this.

DiGiulio would like to see the status of Olney Road and McIntosh Drive. Kelly stated there is resolution on this and the Township Attorney or Business Administrator can talk about this.

The Township Attorney said they received communication on Olney Road from the Department of Transportation that they have approved the Ordinance as adopted. Kelly stated it is up to Administration to take care of this issue.

DiGiulio has concerns about the speeding on McIntosh Drive and would like a Status Report on this and other issues from the Police Chief.

REPORTS OF MAYOR and BUSINESS ADMINISTRATOR
The Business Administrator stated the Township’s Application for Open Space Funds was approved and we will be receiving $50,000 for improvements on tennis courts and other items at Continental Soldiers Field.

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May 11, 2006
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PUBLIC PORTION
On a motion by Calandrillo, seconded by Roth, the meeting was opened to the public. All in favor. Motion carried.

Mr. Ken DeFerrari of 69 Maysenger Road, Commander of Veterans Foreign Wars, invited the Mayor and Council to attend the Memorial services and invited them to lunch at the Elk’s Club after the services on Memorial Day.

Mr. DeFerrari said he understands there is going to be a heavy rainfall and he knows there has been conversations about appropriations and studies and would like to know how far along the study is that the Township is doing on the proper drainage in the proper areas.

Kelly left at 10:51PM. DiGiulio took over.

Mr. Peter Cassotis of 107 South Mahwah Road said he did not put send out the flyer to residents and he would put his name on anything that is sent out.

Kelly returned at 10:55 PM

Mr. Cassotis thanked Richter, Kelly and Calandrillo for putting in their many years of service.
Mr. Cassotis asked when the Township will appropriate money to do a study and develop the McBride property as he feels the tax payers should know this.

Mrs. Peg Thornton of 16 Bergen Place said there is a State Statute that you are not supposed to park within 50 feet of a stop sign. She said on the corner of Catherine Avenue, Meadow Avenue and Brook Street everyone double parks when school is being let out. Mrs. Thornton stated this has being going on for over a year and thought this was supposed to be taken care of last June and a sign was to go up. She asked when something will be done as this area is a tragedy waiting to happen. Mrs. Thornton said three or four months ago Kelly had said it was a signage issue.

Mrs. Thornton asked if there was a possibility of getting the Township website updated so one can get an Agenda before the day of a meeting. The Business Administrator stated Administration puts the Agenda on the website as soon as they receive it. Kelly said for the Business Administrator to send a letter to each of the Boards that they would like the Agenda posted in a more timely fashion. The Business Administrator said they have done that and will follow up.

Mrs. Martha Steinbacher of 8 Wanamaker Avenue said she would like an update on the activity at the Department of Public Works site at Micik Lane site. The Business Administrator stated that the activity at this site is for the preparation for the salt shed structure. Fill was brought in to fill and cap this site. Mrs. Steinbacher asked when the Department of Public Works site will be moved there. The Business Administrator said there are no plans to move anything to this site at this time. Mrs. Steinbacher then asked what studies have been done. The Business Administrator said Council has discussed that, in the future, the recycling plus the whole facility
Public Meeting Minutes
May 11, 2006
Page 14

could be moved but there are no plans at this time.

Mrs. Steinbacher commented to Paton that she voted him off Council as she did not like his decisions especially on the Department of Public Works issue. Paton said it was her choice.

Mr. Albert Kidd of 851 Darlington Avenue said he has counted 20 business buildings that have vacancy signs. Mr. Kidd stated he has concerns where all the money is coming from for all the projects going on in the Township. He noticed in the paper that the Township is going to float $3M worth of bonds. He said the Township’s taxes are going up steadily and feels we have a $44M debt.

Mr. Kidd asked if employees are still driving Township vehicles home. The Business Administrator stated there is an on-call person at the Public Works Department that takes a vehicle home as do the Fire Chief and Assistant Chief. Mr. Kidd asked if these people fill out a W-2 form and pay taxes.

Mr. Kidd asked if the Township will be buying fuel economy vehicles. Kelly stated he did not know what they would be buying.

Mr. Roy Larson of 8 Murray Avenue commented about whether there should be a run-off or not. Mr. Larsen believes at the last election in the Township no one received 50 + 1 votes. If the mis-reading of the Statue read by Richter and Paton are correct, the question should be raised, whether the last three Councilmembers were properly elected in 2004 and if they are properly seated.

Mr. Robert Hermansen of 6 Meester Street feels the questions raised by Richter and Paton are fair and feels if there should be a run-off it would be fine with him. Hermansen stated since the precedence was set in the 2004 election, where the candidates did not receive 50% of the vote he does not feel it is necessary to rehash this issue as this is the same thing.

On a motion by Calandrillo, seconded by Paton, the meeting was closed to the public at 11:10PM. All in favor. Motion carried.

ORDINANCE – PUBLIC HEARINGS AND ADOPTION
The title of an ordinance was read as follows:
AN ORDINANCE INCREASING AFFORDABLE HOUSING DEVELOPMENT FEES AND AMENDING CHAPTER 24 OF THE CODE OF THE TOWNSHIP OF MAHWAH.

On a motion by Calandrillo, seconded by Paton, the meeting was opened to the public.

On a motion by Calandrillo, seconded by Paton, the meeting was closed to the public.

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


Public Meeting Minutes
May 11, 2006
Page 15

RESOLUTION – ORDINANCE NO. 1538

RESOLVED that the ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title only as having been finally adopted, as required by law.

Roll call: Alderisio, absent; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, absent; 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 APPLICATIONS AND ESCROW FEES IN CONNECTION WITH APPLICATIONS BEFORE THE ZONING BOARD OF ADJUSTMENT.

On a motion by Calandrillo, seconded by Roth, the meeting was opened to the public.

Mr. Alan Kidd off 111 Miller Road, said the more expensive we make these application fees for a variance the more people that will not get permits in the Township. Mr. Kidd said he would like the fees lowered so there is less illegal activity going on.

On a motion by Roth, seconded by Calandrillo the meeting was closed to the public.

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

RESOLUTION – ORDINANCE NO. 1539

RESOLVED that the ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title only as having been finally adopted, as required by law.

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

* * *

CONSENT AGENDA
Resolutions #099-06 through #104-06, #106-06, #107-06, #108-06, #109-06, #112-06, #113-06 and the Raffle Application for the Mahwah School Foundation and the Raffle Application for the Ramapo College of New Jersey Alumni (Off Premise) were approved under the Consent Agenda.
Resolutions are attached and made part of these Meeting Minutes.

Resolutions #105-06, #110-06 and #111-06 were removed from the Consent Agenda and voted on individually. Resolutions are attached to and made part of these Meeting Minutes.
Public Meeting Minutes
May 11, 2006
Page 16


On a motion by Calandrillo, seconded by Roth, the meeting was adjourned at 11:15PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk



Meeting Minutes typed by Jan Fox, Deputy Municipal Clerk





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