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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, APRIL 22, 2004

The meeting was called to order at 9:05 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 stating this meeting would be held on Thursday, April 22, 2004 immediately following the Public Meeting 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, 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 Paton, seconded by Spiech, the meeting was opened to the public at 9:06 PM. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road asked what is wrong with the sign in the lobby. Richter explained the Clerk’s name is incorrect. The Architect’s Engraver made the error. The Business Administrator explained the Sub-contractor would replace the sign and the color contrast would be changed. The contractor is paying half the cost and the Township is paying the other half. Mr. Kidd thinks the money should be used for something else.

Mr. Albert Kidd of 851 Darlington Avenue pointed out there were 59 Bergen County residents who are loosing their homes through foreclosures.

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 9:20 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 29, 2004 Public Meeting.

ENGINEERING
1a. Julie Richard, LLC; 113 Moffat Road; Block 59, Lots 15 and 16; Request to Release Performance Guarantee (Dkt. #1003)
The Township Engineer recommends the release of the Performance Guarantee. Resolution shall be prepared for the April 29, 2004 Public Meeting.





Work Session Meeting Minutes
April 22, 2004 - Page 2


1b. Mahwah Hotel LLC (Homewood Suites Hotel); 375 Corporate Drive; Block 137, Lot 3.01; Request for Release of Maintenance Guarantee (Dkt. #921-97)
The Township Engineer recommends the release of the Maintenance Guarantee. Resolution shall be prepared for the April 29, 2004 Public Meeting.

1c. Continental Soldiers Park; Status Report on Punch List Items
Spiech asked if there is a Punch List. The Business Administrator would provide the list. The Township Engineer said between April 9th and the 20th the contractor, AIC, remobilized back to the site and spread 10 loads of clay. The contractor would be back in the fall to correct everything. Paton suggested the Township Engineer go there to see if there is any ponding.

The Business Administrator explained the motorized gate should be completed this week. Spiech asked if Police have automatic openers. Business Administrator explained if they do not, they will in a few days.

1d. Verbal Status Report
The Township Engineer referred to the Wyckoff Avenue and Forest Avenue Project. He met with Malcolm Pirnie and was able to reduce the cost by $300,000. The Revised Plan has been sent to the County. The Township is now in a position to go out to bid.

The Township Engineer advised the D.A.R.E. Rink Plans are complete. It will be necessary for the Township to revise the Soil Conservation Permit.

UTILITY ENGINEER
2a. Final Change Order (Reduction); Brocon; East Crescent Booster Station
The Township Utility Engineer reviewed the final Change Order to close out the contract price with a reduction of $7,000. Resolution shall be prepared for the April 29, 2004 Public Meeting.

2b. SCADA System
1. Change Order; Optimum Controls
The Township Utility Engineer will check if the radio is a redundant item. The RTU is a separate item. He will check with the person that prepared the Change Order to correct for the April 29th Work Session. Paton requested a schematic of the equipment. The Township Utility Engineer will provide. Resolution shall be prepared for the April 29, 2004 Public Meeting.
2. Amendment; Professional Services Agreement with Malcolm Pirnie
Resolution shall be prepared for the April 29, 2004 Public Meeting.

2c. Verbal Status Report
Spiech questioned the 20” Water Main from the Ford wells to Route 202 and if all is in working order. The Township Utility Engineer said no, there is a valve malfunction. We are awaiting arrival of new parts. The section from Route 202 to Fox Lane is not in service yet. Council requested written guarantee on valves.

Spiech and Kelly complimented the Township Utility Engineer on his presentation at the Water Conference.


Work Session Meeting Minutes
April 22, 2004 - Page 3



LEGAL
3a. Request for Refund of Tax Sale Charge; 834 Darlington Avenue
Resolution shall be prepared for the April 29, 2004 Public Meeting.

3b. Amendment to Ordinance 3-7.1, 3-7.2 and 3-7.3; Discharge of Firearms
DiGiulio asked for a definition of a firearm. The Township Attorney read the definition from N.J.S.A. 2C:39-1. This amendment is to correct the statute referenced in the Mahwah Code. Ordinance will be introduced at the April 29, 2004 Public Meeting.

3c. Authorization to Acquire Block 7, Lot 20 and the Subsequent Acquisition of Block 8, Lots 7, 8 and 9 in Exchange for Block 7, Lots 19, 20, 21, 22 and 23
The Business Administrator advised the contract has not been finalized. He will check with the Township Attorney on the stage of the negotiations. Ordinance will be introduced at the April 29, 2004 Public Meeting.

ADMINISTRATION
4a. Assignment of Tax Sale Certificates
1. Block 7, Lot 15; Spruce Street
The Business Administrator noted Lots 15 and 16 are actually one property. He will write back the Township is not interested in selling the Tax Certificate, but the owner may want to investigate their Right-of-Redemption. Kelly suggested a Title Search be done before anything else is done.

2. Block 2, Lot 15; Stag Hill Road
The Business Administrator suggested the Township foreclose on this property. Council concurred to say no to the sale and to authorize the Township Attorney to do an In-Rem Foreclosure. The Business Administrator suggested checking with the Tax Collector; if other properties are delinquent we could combine them into one law suit. The Township Attorney will ask the Tax Collector for a list of other properties.

4b. Amendment; Professional Services Agreement; Bankruptcy Counsel; AIC vs. Mahwah
Resolution shall be prepared for the April 29, 2004 Public Meeting.

4c. Eagle Scouts
1. Paul Deron Ajamian
2. Michael Adam Lobay
3. Raymond Walter Mees
Resolutions and Proclamations shall be prepared for the April 29, 2004 Public Meeting.

4d. Mayor’s Proclamation; Municipal Clerk’s Week; May 2 through 8, 2004
Proclamation shall be prepared for the April 29, 2004 Public Meeting.

4e. Award of Bid #MTB-04-10; Recreational Materials and Supplies
Resolution shall be prepared for the April 29, 2004 Public Meeting.

Work Session Meeting Minutes
April 22, 2004 - Page 4



4f. Lease Agreement; Rockland Electric Company; Micik Lane Property
Resolution shall be prepared for the April 29, 2004 Public Meeting.

4g. Approval of Grant; U.S. Department of Homeland Security; Fire Prevention
Spiech asked what will be done for $14,000. The Business Administrator will get a project narrative for Thursday. Resolution shall be prepared for the April 29, 2004 Public Meeting.

4h. Water Meter Agreement Renewal; Itron Inc.
This is a one-year agreement. The Business Administrator will check into a multi-year Agreement. This item to be carried to the next Work Session.

TOWNSHIP COUNCIL/MUNICIPAL CLERK
5a. Budget Procedures; Discussion
The Township Attorney advised the Budget can be amended during the Public Hearing. Certain amendments would have to be re-advertised. Kelly would like to take additional money out of surplus.

Kelly motioned to take $800,000 out of Surplus and apply it towards the budget. Richter seconds the motion, to discuss.

The Business Administrator spoke to the Chief Financial Officer who suggested taking $200,000 out of Surplus and $400,000 out of Reserve for Payment of Debt.

Council discussed options. Paton questioned if the Auditor would accept the transfers. Spiech suggested adjusting the percentage of Reserve for Uncollected Taxes. Kelly removed the motion from the floor. Richter seconds the motion. DaPuzzo asked the Business Administrator if he agreed with changing the percentage for Uncollected Taxes from 95% to 96%; which would yield $625,000. The Business Administrator agreed.

Spiech made a motion for the Reserve for Uncollected Taxes be adjusted from 95% to 96%. Paton seconds the motion. Straw poll: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes. Paton requested all financial paperwork prior to Thursday. The Business Administrator will provide on Monday.

Kelly questioned if there maybe a conflict with his participation on the School Budget; since he does Substitute teaching. He requests the Township Attorney give the Council guidance to items outside of the academic area. Certain items are not subject to review by Committee of Education. Kelly suggested the sale of Commodore Perry School be looked into.

Richter suggests a small committee of Council work on the School Budget. It would be easier to get a small group together, but everyone’s comments would be included. Spiech asked how big is the School Budget Reserve and what surplus are they carrying. Richter will let everyone know when the meeting is held.

5b. Traffic Situation; Young World Day School
This item to be carried to June 3, 2004.

Work Session Meeting Minutes
April 22, 2004 - Page 5



5c. Firefighter Application; Christopher R. Brennan to Fire Company #1
Resolution shall be prepared for the May 6, 2004 Public Meeting.

5d. Resolution; Highlands
Resolution shall be prepared for the May 6, 2004 Public Meeting.

5e. 319 Grant Application; Masonicus Brook; Discussion
Spiech advised there is no cost to the Township. Council concurred to move forward.

On a motion by DaPuzzo, seconded by Spiech, the meeting was adjourned at 11:39 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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