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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, APRIL 1, 2004

The meeting was called to order at 8:00 PM by Council President Richter who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 14, 2003 and March 26, 2004 stating this meeting would be held on Thursday, April 1, 2004 at 8:00 PM 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 Calandrillo, DaPuzzo, DiGiulio (at 8:07 PM), Kelly, Paton, Richter and Spiech.

Also present were Mayor Richard Martel, Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly and Municipal Clerk Kathrine G. Coletta.


PUBLIC PORTION
On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public at 8:05 PM. All in favor. Motion carried.

Ms. Ellen Stein of 68 Fisher Road heard a rumor the Council gave an ultimatum to the Board of Education concerning the field. Paton acknowledged what Ms. Stein heard third hand; he heard first hand. Paton suggested a letter be sent to the Board of Education to clarify the issue. Paton further said those were the words Board of Education Member Smith used, but they are not true. Richter clarified the project needs to be done jointly. Richter further said the Council never said if the Board of Education does not do the track this year, the Township would not do the field in the future.

Mr. Allan Kidd of 111 Miller Road asked who on the Council made the ultimatum. Richter advised no one recalls using the word “ultimatum”. The Township Attorney stated the Council has to act by Ordinance or Resolution. There was no Resolution or Ordinance made.

Mr. Carter Morris of 1051 Ash Drive suggested, in view of the budget issues facing the Township, the Council reconsiders the allocation of $800,000 for the fields.

Mr. Frank Russo of 22 Olney Road was pleased to learn from the Business Administrator the Township’s long term and short term debts were at very good rates. Mr. Russo is hopeful that the Township would not take on any new debt.

Mr. Russo questioned if there is a problem with the Pension Fund. The Business Administrator explained the employees contribute to the fund as well as the municipality. The State Trust Fund had temporarily waived the municipality’s contribution for the past few years. Starting in 2004, the contribution for the police pension is reinstated and in 2005 the PERC contribution will be reinstated.

Work Session Meeting Minutes
April 1, 2004 - Page 2



Mr. Donald Marx of 202 Van Winkle Lane understands the Council voted 6 to 1 on a Resolution to reallocate funding from Airmount Avenue to Ridge Road. Mr. Marx questioned if the Council is interested in this Green Acres Funding, why has no one contacted our legislatures to get this moving? Kelly explained in the Faulkner Form of Government, members cannot contact anyone by themselves. Spiech advised the Business Administrator has attended meetings and reached out to the DEP. The Mayor said he, Senator McNamara and Assemblyman Russo met with the DEP. Congressman Garrett has also assisted with this application.

Ms. Stein asked for clarification on the Faulkner Form of Government. Richter clarified the position of Councilmembers in this government. Administration takes the issue from the Council to the proper channels. DaPuzzo continued by explaining that as individuals Councilmembers may speak to whomever, but not as representative of the Township unless the Council has so authorized.

Being no further comments were made from the public, on a motion by Calandrillo, seconded by Paton, the meeting was closed to the public at 8:45 PM. All in favor. Motion carried.

SUBMISSION OF BILLS AND CLAIMS
Councilmembers were asked to contact Administration with any questions on the Bills and Claims prior to the April 15, 2004 Public Meeting.

ENGINEERING
1a. Proposal: Engineering Services; 2004 Road Improvement Program
The Township Engineer submitted the design and plan in February. Paton inquired if re-striping crosswalks is included in the project. The Township Engineer advised not at this time, but it could be included. The Business Administrator explained re-striping is part of routine maintenance by the DPW during the summer. Resolution shall be prepared for the April 15, 2004 Public Meeting.

1b. Complaint from Resident on Engineering Fees; 28 Riverview Terrace
The Township Engineer has reached out to the resident and the issue is resolved.

1c. Written Status Report
MA257 – Wyckoff and Forest Avenue Intersection: Calandrillo asked when do we expect completion of the project. The Township Engineer said the middle to end of the summer in 2005. Calandrillo asked what would be done regarding traffic from the school on Wyckoff Avenue. The Township Engineer will work with the Police Department on reducing the amount of inconvenience.

MA107 – Bike Path Program: Spiech asked if the Conservation Easement has been resolved with the Ramapough Mountain Indians. The Business Administrator said discussions are still ongoing.



Work Session Meeting Minutes
April 1, 2004 - Page 3



Wachovia Bank – Paton inquired about the lights at the drive-up. The Township Engineer said this matter is not resolved. The Township Engineer further said they are waiting for documents from Wachovia Bank’s Engineer. The Township Engineer has recommended to the Township Property Maintenance Officer to issue fines; which have been done.

Paton continued regarding re-striping West Ramapo Avenue. The Township Engineer called DOT today in particular about a sign along the highway. Paton asked if it includes traffic control on Route 17 to get in and out of Spring Street. The Township Engineer asked for a tapering off of the acceleration lane. A letter was received from Home Depot today saying they would put a sign up to indicate the entrance was a number of feet ahead.

Calandrillo saw a tractor trailer pulling out of Home Depot that came across the middle lane. The Township Engineer explained the DOT determines the access, which was specifically designed for Home Depot. Calandrillo requests the Township Engineer to re-address the issue with DOT. DaPuzzo advised the Planning Board asked the DOT to re-address the same issue a few weeks ago.

MA661 – Company #4, Firehouse Underground Storage Tank – DaPuzzo asked the status. The Business Administrator explained the tank was pumped out and closed. The job is complete.

UTILITY ENGINEER
2a. Monthly Activities Report
The Township Utility Engineer advised the parties involved in the 20” water main are scheduled to be on site on April 7, 2004.

Spiech asked about the Rio Vista Reservoir, is all the water in that tank usable. The Township Utility Engineer explained 5% to 10 % is not usable as it contains sediment. Spiech also asked if the Water System Maps are in GIS format. The Township Utility Engineer explained the Town Base Map does not align with the GIS map.

Kelly asked the status of the Nilsen Avenue Tank. The Township Utility Engineer advised the operational range is ½ to 1 foot in winter and 2 to 3 feet in summer. These ranges are smaller than desired.

2b. Proposal: Additional Sampling – Preliminary Assessment/Site Investigation of Industrial Avenue Package Plant
Resolution shall be prepared for the April 15, 2004 Public Meeting

LEGAL
3a. Revision; Section 24-4 of the Township Code; Outdoor Sales
The Township Attorney recommends this item be carried. We are waiting for suggestions from the Planner.

3b. Police Department Architect; Discussion (Closed Session)



Work Session Meeting Minutes
April 1, 2004 - Page 4



3c. Amendment to Professional Services Agreement; Special Counsel; Labor Attorney for PERC Appeals
The Township Attorney advised there are now three appeals into PERC. The previous resolution will need to be amended. Resolution shall be prepared for the April 15, 2004 Public Meeting.

ADMINISTRATION
4a. Authorization to Purchase from State Contract #T-1436: Motor Vehicles, Automobiles, Mid Size 36 Month Closed End Lease
The Business Administrator noted the State Contract #T-0099 is a better program for the Township’s needs. Kelly asked what would be done with the vehicles being replaced. The Business Administrator said they will be auctioned off. Resolution shall be prepared for the April 15, 2004 Public Meeting.

4b. State Contract Extension; T-0408: Furniture, Office and Lounge, Non-Modular
Resolution shall be prepared for the April 15, 2004 Public Meeting

4c. Assignment of Tax Sale certificate
The Business Administrator will provide a copy of the Tax Map for the Council to review. This item will be carried to the next Meeting.

4d. Zoning Ordinance; Lot Depth Definition
The Planning Board recommends clarifying the definition. Ordinance shall be introduced for the April 15, 2004 Public Meeting.

4e. East Ramapo Avenue; Mid-Block Crossing
The Police Department has provided a recommendation to Administration. Ordinance shall be introduced for the April 15, 2004 Public Meeting

4f. Mayor’s Proclamation; Week of April 12, 2004 – National Community Development Block Grant Week
Proclamation approved for the April 15, 2004 Public Meeting.

4g. Award of Bid #MTB-04-12: Laboratory Testing for Water Department
Resolution shall be prepared for the April 15, 2004 Public Meeting.

TOWNSHIP COUNCIL/MUNICIPAL CLERK
5a. Bus Stop Ordinance; Discussion
Kelly reported only one bus stop in town was set by ordinance. The Transportation Sub Committee strongly recommends bus shelters, four of which should be south on Franklin Turnpike. Calandrillo noted at the League of Municipalities Conference, bus shelter companies offered to maintain the shelters. Spiech questioned the placement of the bus stop by Fox Lane. Further clarification is needed on the Fox Lane stop. This item to be carried to April 22nd for input from the Police Department.



Work Session Meeting Minutes
April 1, 2004 - Page 5



5b. Traffic Situation; Young World Day School
This item to be carried at the request of Young World Day School. Paton requested a report from the Police Department for the next meeting.

5c. ANJEC Grant
The application is due early this month. On a motion by Spiech, seconded by Calandrillo, a Resolution to support applying for the Grant was passed. The Resolution is attached and made a part of these minutes.

Richter reminded the Council the Bergen County Board of Chosen Freeholders would be meeting here next week on April 5th. The Work Session is at 5:30 PM and the Public Meeting starts at 8:00 PM.

MAYOR’S PROCLAMATION
Week of April 12, 2004 as National Community Development Block Grant Week
The Proclamation was read by Mayor Martel.

COMMENTS/COMMUNICATIONS
Spiech advised a Health Fair sponsored by Bergen County Social Services was held here yesterday. Between 300 and 350 people attended, not just from Mahwah. He noted we need signage to the Municipal Building is needed on Route 17 and MacArthur Boulevard. The Business Administrator said he has spoken to the DPW.

Spiech said the Sierra Club held a Press Conference on Monday. He also attended a Highlands Meeting Tuesday at Skylands Manor. Recommendations from Senator Gormley included areas of “no development” in the water shed area.

Paton also volunteered at the Health Fair. As a Lion’s Club Member, he was pleased to see the Optometrist conducted about 33 free Eye Exams in three hours.

Paton reported that because Cablevision lost the law suit involving the YES channel, the Family Cable Package would be going up 95¢.

Paton asked Administration to look into the paving recently done at the retail stores and restaurant across from Flyte Time. He questioned if businesses get a permit for paving that requires them to comply with the Streetscape Ordinance? Administration will check into this.

Paton has gotten complaints about the truck stop at the base of Stag Hill Road. Trash has accumulated which our children have to walk through. Paton is requesting the Property Maintenance Officer to check it out.

Kelly referred to a previous Meeting where he asked the support of the Council with a resolution about the Law of the Sea Treaty. Additional information was distributed to help answer some Councilmembers questions. Spiech suggested a resolution for April 15, 2004.

Work Session Meeting Minutes
April 1, 2004 - Page 6



Kelly attended the Sierra Club Press Conference and also the Health Fair.

DiGiulio attended the George Washington School Beautification Project on Saturday. The road was covered in mud. She thanked the Mayor and Police Department who made sure it got cleaned up. She had also received complaints about Route 202 where Ramapo College is building. Again the Police had it cleaned up.

DiGiulio asked the status of new street signs The Business Administrator advised the first phase would start in the summer. The time limit is three years.

Richter asked about de-annexation with Wyckoff. DaPuzzo explained the Agreement is not finalized. Another meeting will be scheduled. It was suggested taxes be prorated to March 10th, the date of the resolution.

Richter questioned whether barrier free doors for the Town Hall were researched. The Business Administrator said this item is funded in the Capital Budget under a Community Development Grant.

REPORTS OF SUBCOMMITTEES
Spiech received an e-mail from Mr. Tumminello of the U.S. Army Corps of Engineers. He would like to schedule meeting. Council decided to hold a Special Meeting, April 21st at 7:30 PM.

Spiech is trying to schedule a GIS Meeting with Susan Golz. He will advise Council by e-mail.

CLOSED SESSION
On a motion by DaPuzzo, seconded by Calandrillo, Council went into closed session at 10:20 PM for the purposes of discussing Police Grievances, Contract Negotiations and Litigation Report. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Kelly, Council returned to Open Session at 11:19 PM. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Kelly, the meeting was adjourned at 11:20 PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk


Meeting Minutes prepared by Judith Odo, RMC/CMC Deputy Municipal Clerk



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