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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, JUNE 3, 2004

The meeting was called to order at 8:04 PM by Council President Richter who read the Open Public Meeting Act Statement as prescribed by law. Notice was advertised in The Record on July 14, 2003 stating this meeting would be held on Thursday, June 3, 2004 at 8:00PM 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 DaPuzzo, DiGiulio, Kelly, Paton, Richter, and Spiech.
Absent: Councilmember Calandrillo.

Also present were Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Attorney’s Associate Nilufer DeScherer, Township Engineer’s Representative Michael Kelly, Township Utility Engineer Justin Mahon, Township Utility Engineer’s Associate Vishal Shah, and Municipal Clerk Kathrine G. Coletta.

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

Being no comments were made by the public, on a motion by Paton, seconded by Kelly, the meeting was closed to the public at 8:13PM. All in favor. Motion carried.

SUBMISSION OF BILLS AND CLAIMS
Councilmembers were asked to contact Administration with any questions on Bills and Claims.

ENGINEERING (Boswell-McClave)
1a. Resurfacing of Swim Club and Roller Hockey Parking Lots – Request Preparation
of Resolution of Approval Authorizing Construction Phase Services (Bid No. 04-
16)
The Township Engineer’s Representative expected this project to be completed by next Friday. The Township’s proposal for the over site is $9,000.00.

Spiech asked if the debris was cleaned up at the upper end. The Township Engineer’s Representative stated that it will be. Resolution shall be prepared for the June 10, 2004 Public Meeting.

Work Session Meeting Minutes
June 3, 2004
Page 2

1b. Written Status Report
The Township Engineer stated at the last meeting the Roller Hockey Rink’s existing surface was questioned. The Township Engineer looked into it and the Township’s contract money that was spent was for the installation of the boards around the outside. The paving, grading and everything else was a separate contract that the D.A.R.E. Program had directly with the contractor. The Township Engineer stated the surface for the entire rink does conform to industry standards.

The Township Attorney stressed this was a joint project between the D.A.R.E. Program and the Township. The contractor that was working with the D.A.R.E. Alliance did the site clearance and the paving on the site including the paving within the rink. Paton asked if it is acceptable to the Township. The Township Engineer stated it does meet industry standards. The Township Engineer’s Representative further stated the Department of Public Works should monitor the paving.

Kelly said that a good amount of the materials were donated by the contractor. The Township Engineer concurred. Kelly stressed the need for the Township to remind the people of the Township that this donation was made by the contractor.

Spiech stated this project was started with a $35,000.00 grant from the County which was matched by the Township. He suggested the Council get a copy of the audit when it is completed.

Spiech stated he did not get a MA- 510: 202 Recreation Facility Punch List. The Township Engineer stated the Township was provided with this on May 14, 2004. Council stated that they did not receive it. The Township Engineer admitted having sent it to Administration and offered his apology. The Township Engineer will make sure Council will get copies.

Spiech inquired about MA- 107 : The Bike Path Program. The Township Engineer’s Representative stated the bids were received and were slightly above the Township’s estimate; however, they were acceptable. The award will not be recommended tonight because the Township Engineer is in the process of reviewing.

Spiech inquired about MA – 569: Darlington Avenue and Route 202 Intersection Project. The Township Engineer stated if the budget was complete, he would check to make sure it is in the budget. Spiech asked the Township Engineer to also check on MA – 478: Hilltop Road and Airmont Avenue Intersection Project.

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June 3, 2004
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Kelly inquired about MA – 281: Willowbank Court Stream Cleaning. The Township Engineer stated he spoke to the Bergen County Mosquito Commission and they plan to perform the work late summer. A firm date has not been established.

Kelly inquired about MA – 336: Mahwah Honda Drainage. The Township Engineer stated they are in the process of scheduling a Pre-Application Meeting with the Department of Environmental Protection.

Paton inquired about the lighting at Wachovia Bank. The Township Engineer stated the light levels were measured to be accurate and the light levels in the field are at or below what was approved. The light levels met the approved plans and a letter was sent out today stating that the lighting as constructed was acceptable. They had installed 12 lights, took out three, and there were now nine lights. The Bank still needs to straighten out the drive up lighting issue.

5g. Young World Traffic; Discussion
The Township Engineer introduced Mr. Gene Murphy, from the County Engineer’s Department. Sergeant Robert Sinnaeve of the Mahwah Police Department was present. Ms. Gail Price, on behalf of Young World Day School, introduced Ms. Elizabeth Dolan, from Atlantic Traffic and Janet Jaresma of Young World Day School. Ms. Gail Price affirmed that she was present, on behalf of Young World Day School, to respond to Council’s request for information on residents concerns on traffic issues. Ms. Gail Price stressed that she is here as a courtesy to the Council. The Young World Day School did have ideas on striping that could be modified to address increases in terms of getting more cars on the front of the site to allow parents to cue more efficiently in order to get cars off of Wyckoff Avenue.

Ms. Price stated her objective was to provide Council with information on how Young World Day School intended to better the current traffic system. Secondly, to discuss with the Township professionals and to address any safety issues in terms of speed and turning movements, and lastly, the possibility of a left turn lane.

Richter stated that this is the only forum that the Township has to discuss issues with the public. The Young World Day School traffic problem has been ongoing for years. She was very happy that Young World Day School is involved in these discussions. Richter further stated we needed resolution and rectification of the matter. Richter extended her thanks to everyone for coming.


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June 3, 2004
Page 4

Richter reiterated the problems with the Young World Day School traffic. Ms. Price asked if there was official documentation concerning the Young World Day School traffic problem. Sergeant Sinnaeve stated he had files from 1998 concerning this problem. Ms. Price stated there was no Site Plan Application that was joined with this matter. Ms. Price requested hard copies of complaints. Ms. Price stated there was never any statement that there would be a Traffic Report made. There was no Site Plan Application, and this was not a hearing. This was a courtesy to the Council, Neighbors, and Neighborhood.

Ms. Price stated Ms. Elizabeth Dolan, from Atlantic Traffic, had conducted a Traffic Count and Traffic Analysis, but Young World Day School would not produce a traffic report. There would be no formal study conducted. Ms. Elizabeth Dolan, from Atlantic Traffic conducted a Traffic Count and Analysis on a Wednesday, one of the busiest days for Young World Day School. On site cuing was proposed by Ms. Price.

Kelly stated the Township was “neighbors helping neighbors”, and hopefully we would come to a safe conclusion to this problem.

Ms. Elizabeth Dolan, from Atlantic Traffic explained her traffic grid and suggested, as a first step, controlling the vehicles by striping and making 2 counter clockwise lanes. Additional staff, a new sidewalk, and striping can double the capacity of on site cuing. The left turn issue, according to Ms. Elizabeth Dolan, from Atlantic Traffic, was a serious issue which had generated illegal U-turns.

Ms. Price wanted to address these issues, with good faith, on both sides.

DiGiulio asked how many cars could fit in the double lane. Ms. Price answered 16 to 18. Richter asked if it would hamper parking. Ms. Price answered no. Ms. Elizabeth Dolan, from Atlantic Traffic stated that on the busiest day (Wednesday) there are 95 children being picked up at 2:50pm. DiGiulio suggested a blinking light similar to the Catholic School down the road to designate when the children are letting out of the school. DiGiulio further suggested a staggered pickup schedule.

Ms. Janet Jaresma of Young World Day School stressed that dismissal began at 2:50PM and ended at 3:15PM. The average system puts 5 to 7 cars on the road at a time. Ms. Jaresma agreed that controlling the vehicles by striping and making 2 counter clockwise lanes would work. DiGiulio again suggested a staggered pickup schedule and blinking light on curve.

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June 3, 2004
Page 5

Mr. Gene Murphy, from the County Engineering Department pointed out the lines can not be yellow, they must be white. Also, to lift the left turn prohibition would be risky at this time. Mr. Murphy asked if there had been discussion about acquiring additional property for parking? Ms. Price stated she would answer this off record at another time.

Ms. Price stressed that cars were going past at 7PM at 55-60 miles per hour. On behalf of the school, she requested the speed limit to be lowered near the school.

Richter agreed, stating a 25 mile per hour speed limit during school hours would be appropriate.

Kelly was concerned with the exiting from the double lanes. He suggested the left lane turn left and the right lane turn right. Safety should be the utmost issue here. He thanked all for coming tonight.

DaPuzzo asked how the children would be ushered to the vehicles. Ms. Price answered, by staff and the parents who were aware and did stop. DaPuzzo voiced concern of children crossing in front of vehicles. He suggested a protective barrier. Ms. Price stated this system is in force currently, and the parents and children are already dealing with it.

Paton was in agreement with the blinking light solution, and would like an opinion from the Police Department on this issue. Sergeant Sinnaeve stated Atlantic Traffic has been involved in this issue since 1999.

Sergeant Sinnaeve stated Ms. Janet Jaresma of Young World Day School was to retain a Traffic Engineer, produce a study, and make recommendations to the Council. He was disappointed that this process took so long. The Police Department recommended staggering the dismissal back in 1998 and to date, nothing has been done. According to Sergeant Sinnaeve, double stacking of the vehicles at Young World Day School had been done for the past 15 years, and they were continuing to double stack now. Sergeant Sinnaeve did not believe that the striping would help alleviate the problem at all. Sergeant Sinnaeve suggested making that section of Wyckoff Avenue a school zone and reducing the speed limit.

Spiech did not believe the stacking would be eliminated through Young World Day School’s proposed solution. This safety issue needs to be addressed.

Ms. Price stated there had been a decrease in enrollment over the past 5 years, not an increase. Ms. Price was provided with one accident report dated January 13,
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June 3, 2004
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2003. She had asked for copies of other reports, and hereby renews this request on the record. Ms. Price stated Young World Day School has made several good faith attempts to rectify this traffic problem. Ms. Price stated there was an attempt to purchase off site property but the cost was astronomical for what was involved.

Richter stated there was a Traffic Study done at 2:50PM. Richter asked if there were any other studies at other times and days? Ms. Price reiterated their study was isolated and conducted at peak traffic time.

Richter stated she had been in a 15 car line personally, and she questioned the 5 car example in the report as not being accurate for all times during the day. Richter stressed that this line up of cars needed to be eliminated.

Richter asked who would be monitoring the left turn lanes and traffic flow. Ms. Price answered that since the left turn egress was currently permitted, this was the way it has been drawn up; however this could be discussed in the future if the left turn was negated.

Mr. Gene Murphy, from the County Engineering Department, stated the double egress could be a hazardous situation. Mr. Gene Murphy further inquired, asking if the pool was still there and if it had been emptied. Ms. Price answered, stating that the pool was still there and the topographical nature of the back yard was too sloped.

DiGiulio suggested bringing the traffic around the back of the building. Ms. Price stated there are several issues involved that were preventing this. DiGiulio stated the only other option for the Council would be to re-enforce the no stopping or standing on Wyckoff Avenue. Ms. Price said that they could commit to nothing until she reviewed the police file and conducted more dialogue.

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

Ms. Mary Ellen Moschetta of Parsloe Court stated she saw no reason why the speed limit could not be enforced immediately, and there should be a blinking light there. Ms. Moschetta stressed there was speeding on this road, and the parents did not let you cross the road with children. If there was no way to rectify this, the children of Parsloe Court would be in danger. Ms. Moschetta stated she has had to physically stop cars by putting her hand up to cross the road with her child.


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June 3, 2004
Page 7

Ms. Gabrielle Petrovic of 4 Parsloe Court stated there were 14 children on the block and 11 of these children were under 5 years of age. There had been no mention, as of yet, concerning the illegal U-Turns being made on Parsloe Court and no mention of the school advising parents not to make these U-Turns on Parsloe Court. Ms. Petrovic said there had been no mention of the two homes for sale and a flag lot in the vicinity and no mention of Young World Day School hiring a Traffic Officer to direct traffic. Ms. Petrovic stated to Ms. Price she was sure that there were many reports of accidents in this area available because she personally knew of neighbors who had written personal complaints to the Municipal Clerk and the Mayor.

Ms. Tami DeMartino of 580 Wyckoff Avenue has watched and concurred with the allegations made concerning traffic, speeding, and illegal U-Turns. Ms. DeMartino stressed the difficulty in being able to back out of her driveway due to these issues, and the need to work together toward a solution to this problem.

Mr. Joe Tominelli of 614 Blue Ridge Lane stated people in their driveways should back up safely. Mr. Tominelli further stated there is no scientific evidence of danger in the area and that drivers just need to be more cautious.

Richter suggested Mr. Tominelli visit the area to experience the problem firsthand. Richter further stated pulling into traffic and crossing the line is a dangerous situation.

Sergeant Sinnaeve did not think having a Police Officer there was a viable solution. Sergeant Sinnaeve had a letter from February, 1999 from Young World Day School, signed by Ms. Jaresma, stating she had taken care of the situation permanently and obviously this was not the case.

Ms. Gabrielle Petrovic of 4 Parsloe Court stated there was an accident, this past winter, and a vehicle road up a neighbor’s lawn. If the children were standing on that bus stop it could have been disastrous.

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

Richter asked for clarification on the implementation dates for the proposed striping. Ms. Price stated that it made sense, and they were going to do it; however, she wanted dialogue with the Police Department and the County to be kept open. Ms. Price stated the sidewalks would be going in tomorrow and they are planning to do the striping on site. Ms. Price hoped that the speed limit would be reduced and signage would be placed up for the school.
Work Session Meeting Minutes
June 3, 2004
Page 8

Mr. Gene Murphy, from the County Engineering Department stated with regard to the striping, that the two egress lanes was not a good idea. The County would only want one egress. Ms. Price suggested having her professional speak to our professional to avoid having the Council involved.

Richter asked for a time frame. Ms. Price stated she previously answered that, and she would have the professionals review it and would consider their suggestions. This matter would not come back to Council for a decision. Ms. Price added that the Township Engineer could advise Council as to the outcome and Ms. Price would also be kept in the loop.

Paton inquired about a time frame schedule, and a plan of action. If nothing was done to alleviate the problem Paton stated that we would have to enforce the traffic laws in the area.

Ms. Price reiterated her request for the entire Mahwah File on this property. Richter stated that the traffic issues were handled by the Police Department, and the other requests must be made in writing; you could not just request it.

DiGiulio stated she felt the problem would still be there tomorrow. She feared that someone would get hurt or killed. She stressed widening the road, or bringing it around the back.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Review of Professional Fees; 168 and 170 Island Road
The Township Utility Engineer stated no communications of any sort on this since the last meeting. The Township Attorney stated it was not up to the Council to resolve this one way or the other – the law stated that they were to mediate. He further suggested that a letter be written to the contractor stating that mediation efforts have failed.

2b. Stage 5 Sanitary Sewer Schedule; Discussion
The Business Administrator expressed the desire to have an informational session with the Council on notice to all the property owners so the Council could make some determination as to what if any of these areas should be included in a Phase 5 so that we could prepare a Special Assessment Capital Bond Ordinance.

Spiech questioned this, stating he thought we needed a higher percentage of residences for sewers before we could go forward with this. If we were only getting 1/3 of the people – why were we going ahead with the project? The Business Administrator stated 33% wanted it and there were a number of no responses. Spiech stated over 60% did not want it then. The Business
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June 3, 2004
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Administrator stated this was over the span of 10 different areas and the percentages varied. Spiech raised the concern of the possible wasting of time due to non interest of residents.

Kelly asked why we were using a December 2003 report when he knew at this point we had updated figures. Kelly cited letters received from residents on Neilsen Avenue who did not want sewers. Kelly saw no harm in inviting the residents to a meeting; however, they would like to be assured that if at the meeting they voiced their disagreement with the sewer project that their street could be taken off the list.

Richter stated it was her understanding that if it was 33% that it would be a no go for the sewers, and according to the report, it seemed that they used 33% as the earmark. The Business Administrator stated end result was that the residents needed to know if they would be getting sewers and that was a decision that the Township Council would have to make. The Business Administrator felt an informal meeting where these people could make their opinions known to the Council would allow for ease in the Council’s decision making process.

Kelly stated the Map that Council was given dated May 2003 only finds 5 areas not 10 areas. If we invite the public in we would need to have a clear idea about what we will to present so a conclusion could be reached.

Straw Poll Vote for those in favor of this Public Meeting with the residents on the proposed Phase 5 Sewer Project. Straw Poll Vote: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, abstain; Richter, yes. All in favor. Motion carried.

Richter suggested we have this meeting in September. Richter suggested September 22nd. Paton suggested sending out informational letters concerning this meeting to the residents. Richter stated The Township Clerk would mail letters out concerning this sewer meeting and it would be held at 8PM in the lower meeting room.

2c. Chestnut Street Water Main; Work Directive
The Township Utility Engineer stated the Work Directive is issued proceeding a Change Order; it is an advanced notice of a Change Order. The cost of the fire hydrant was estimated at $6,000.00 and there was a $25,000.00 allowance item, not allocated to any particular part of the project, that the Township wanted to use to pay for this if there was any change in contract price. Resolution shall be prepared for the June 10, 2004 Public Meeting.

Work Session Meeting Minutes
June 3, 2004
Page 10

2d. Written Status Report
The Township Utility Engineer stated they had been delayed in proceeding with the further testing of the 20” water main. The Township Utility Engineer stated that there would be a meeting about this tomorrow morning and they would have an updated schedule at that point. Spiech stated none of the testing has been done. The Township Utility Engineer stated since the Progress Report had been prepared, there had been some work done on valves over at Johnson and Meadow Avenues. Spiech asked if the valves were working now. The Township Utility Engineer answered yes, two valves were repaired: One on Johnson and Meadow Avenues, and one on 1st Street and Meadow Avenue. They were both currently functioning.

Spiech asked if we acquired the electronic torque wrench? The Township Utility Engineer stated that the Township had not received their torque wrench; however, they had been using the Manufacturer’s during this exercise.

Spiech asked if the conference report was done? The Township Utility Engineer answered no, it needed to be fine tuned and needed a cover letter. Spiech asked if we gave our information to Ramsey. The Township Utility Engineer answered, stating he did not know; however he believed that it was delivered back in April. Spiech asked if the Water Accessibility Assessment had been done. The Township Utility Engineer replied the draft was not delivered to the Township for review, and it was planned to be delivered next Monday. The anticipated completion date was the end of the month.

Spiech inquired about the Rio Vista Storage Tank, and asked if the lift station was operational. The Township Utility Engineer answered the station had been operational for some time; however, the Township and the Developer agreed to have the Developer do some more improvements on the site and those accounts needed to be settled which required a meeting between the Township and Darlington Associates.

Spiech asked if we could get all of the water out of that tank without turning on a lot of valves. The Township Utility Engineer answered you could get the water out of the tank, but this was not the way it should work. The Township Utility Engineer further stressed that the tank site was not chosen by them.

LEGAL
3b. Ramsey/Mahwah Sanitary Sewer Agreement; Myrtle and Vaughn Drive
The Township Attorney stated there was a resolution adopted in September 2003 with the Borough of Ramsey allowing connection of 26 properties to the Vaughn Drive pump station. Subsequent to that time it was determined that additional
Work Session Meeting Minutes
June 3, 2004
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Ramsey properties should be added. The Township Attorney would include these additional properties into the Ramsey Sewer Agreement. Formal authorization by the Council would be needed to include those additional properties. The Township Attorney had met with the Ramsey Township Attorney, the Mayor of Ramsey, and their Public Works Department to go over the issues in the Sewer Agreement. An Agreement was drafted; however it had not been formally accepted by the Ramsey Public Works Department yet. They will meet on the third Monday of the month to discuss.

Speich inquired if it was 33 houses now in Ramsey? The Township Utility Engineer stated this will flow entirely through the Ramsey Sewer System, not from Ramsey into Mahwah. In terms of the connection, from Mahwah to Ramsey via Myrtle Avenue, it did identify the properties by block and lot the houses are partially in Ramsey and partially in Mahwah that would be served by that connection. These were not the same properties discussed in the original agreement.

The Township Attorney stated Paragraph 6 of the original Agreement set forth those properties.

The Township Utility Engineer stated the Borough Of Ramsey intended to put a lift station in, stay in their own sewer system, and have one of the pipes lead to Mahwah; however, it would not connect to a Mahwah Sewer System. Mahwah Township will connect into the Ramsey Borough Sewer System and that is what this agreement is for.

The Township Attorney stated the purpose of this was to commit the Borough of Ramsey to allow a certain amount of flow from the Township of Mahwah into that Pump Station.

Kelly asked if this was procedurally within the purview of the Council, or should the Mayor and the Administration negotiate? The Township Utility Engineer stated the Mayor and the Administration negotiate.

The Township Attorney stated the Resolution will approve the number realized by the negotiations.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

3a. Preliminary Contract with Police Department Addition Architect; Resolution on June 10, 2004

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June 3, 2004
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Paton asked what would happen if it went beyond the 60 day agreement? The Township Attorney stated we could add a penalty provision. Mr. Paton asked the Township Attorney to make sure there was a Seismic Analysis in the contract.

Mr. Paton stated the Contract reads $36,000.00 plus expenses, and asked if we would cap the expenses, including Administrative fees, not to exceed 15% of the contract. The Township Attorney said he would check on this.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

NEW JERSEY CIVIL RIGHTS ACT
The Township Attorney received a notice from the New Jersey League of Municipalities who asked if all Municipalities would pass a resolution objecting to a bill which has presently passed both houses called The New Jersey Civil Rights Act. New Jersey League of Municipalities was concerned that it is open ended and that it would allow for significant awards of Attorney’s fees from appeals from denials of variances, etc. The Township Attorney stated tomorrow he could have the notice faxed to the Township Clerk and she could distribute it to all. The Township Attorney stated he could have a resolution ready and if the Council wanted to support their position we could have it for next week.

Paton stated the Township Attorney wanted to brief Council on CableVision and the Senior’s. The Township Attorney stated all of the Senior’s who subscribed to cable and received a discount received a notice from CableVision stating they were delinquent in submitting compliance affidavits to CableVision. The Township Attorney stated she contacted CableVision and they stated that these notices were inadvertently sent to the Mahwah Cable Residents and the income eligibility requirement was not something they were requiring of the Senior Citizens of Mahwah. This was only for Mahwah. The Township Attorney stated the delinquent notices should be disregarded by the Senior Citizens. CableVision had not yet stopped issuing these Senior Citizen discounts.

Richter asked if CableVision would notify the Senior’s of this. The Township Attorney stated that they would not. The Township Attorney stated she is not comfortable about releasing a press release yet.

Kelly handed the Municipal Clerk a letter from one of the Senior’s stating the paperwork needed to be submitted by June 1, 2004 and if you did not, effective July 1 your next bill would reflect the increase. The Township Attorney stated this would not happen. Kelly asked if we could post something to that effect in the Senior Center. The Township Clerk said she would make sure a notice was posted in The Senior Center.
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June 3, 2004
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ADMINISTRATION
4a. 2004 Community Development Appointment of Representative
The governing body needed to make its annual appointment of a Representative to the Community Development Committee. Mrs. Richter nominated Mrs. DiGiulio.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

4b. Chapter 159 Resolution and Request to Submit Application; Click It or Ticket 2004 Grant
The Business Administrator stated that this was a Grant and a Resolution was needed to place in our 2004 Budget to allow us to spend this money.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

4c. Chapter 159 Resolution; Fire Prevention Safety Program
The Business Administrator stated this was a Grant and a Resolution was needed to place in our 2004 Budget to allow us to spend this money.

Spiech asked what this Grant would be used for. The Business Administrator stated $14,018.00 is for the Training Program/Fire Safety Model House.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

4d. Chapter 159 Resolution; Bullet Proof Vests
The Business Administrator stated this was a Grant and a Resolution was needed to place in our 2004 Budget to allow us to spend this money.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

4e. Award of Bid; MTB #04-14 Township of Mahwah DPW Janitorial Materials & Supplies

The Business Administrator recommended awarding this to lowest bidder. Mr. Spiech asked why items 14 and 16 were not awarded to the lowest bidder? The Business Administrator said he would check on this.

Resolution shall be prepared for the June 10, 2004 Public Meeting with explanation.

4f. Award of Bid; MTB #04-17 Township of Mahwah Police Uniforms

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June 3, 2004
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The Business Administrator recommended awarding this bid for the coming year.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

4g. Award of Bid; MTB #04-06 Township of Mahwah Continental Soldiers Park Bridges
The Business Administrator stated the Township had discussions with the Engineer regarding the specifications on this job and the Business Administrator would like to have this carried to the next Work Session.

Spiech asked the Business Administrator to find out if mulch was included.
The Business Administrator said he would look into this. Richter stated there was a big difference in the amount in this documentation. The Business Administrator stated the Township was aware of this last year, and the original estimate was expected to be revised at a higher number. Although originally set at $150,000.00 the Township proposed an additional $75,000.00 for the project. We did not include it in the adopted budget due to the Department Of Transportation’s communication stating that we could utilize monies from the bike ramp towards this project. Richter stated she remembers this being said. Spiech stated he did not.

This will be held until further information is provided.

4h. Ordinance Change; Uniform Fire Code
The Business Administrator stated there is a recommendation from Fire Prevention Bureau and Mr. Roe regarding changes to the Uniform Fire Code which should be incorporated into the local Ordinance.

4i. Meadow Avenue; Traffic Discussion
Kelly asked if the Transportation Committee’s Minutes were received. The Business Administrator stated yes. Kelly stated he was awaiting a resend of an e-mail from Police Officer Sinnaeve that never reached Kelly. Kelly stated he will pass this information along to the Council when he receives it. Council will follow up on this.

This shall be carried and placed on for the June 17, 2004 Work Session Meeting.

Mr. Kelly recused.

4j. Professional Services Agreement; Dahn & Krieger

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June 3, 2004
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The Business Administrator stated this is an amendment to the Architectural Contract of Fire Company Number One for some additional services regarding the change order that the Township approved at the last meeting.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

Mr. Kelly returned.


4k. OEM Membership Increase
The Business Administrator stated there was prior correspondence regarding the authorized membership for OEM. Emergency Management asked in a May 24th 2004 Memorandum what the Council’s position would be on this issue.

Spiech voiced his concern about using the same people over and over again. Spiech stressed new recruits were needed and the need not to use our existing volunteers. The Business Administrator stated there was no room to add anybody currently.

Kelly stressed to leave the market open, and to let the OEM designate changes within their own group.

Mr. Roe stated he did not like to interfere with Fire, Ambulance, etc. The goal was to use their expertise. There is an agreement with the Fire Chief that if OEM is activated we also activate the Fire Unit to assist us if they are not on duty. The Business Administrator asked Mr. Roe if he had ideas on whom he would like to use to expand the OEM unit. Mr. Roe stated they were looking outside right now.

Straw poll to increase the number to 25: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

4l. Itron Electronics Meter Reading Service Contract Renewal
The Business Administrator stated this was a renewal for our Service Agreement for the company that does the software and maintenance on our Water Meter Reading Equipment. This was discussed at a prior meeting, a 2 year Agreement was researched and found out that a 2 year Agreement is possible. The Business Administrator felt that this was a good idea because the rate would be locked in for two years.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

4m. Fire Hydrant Use; Discussion
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June 3, 2004
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The Business Administrator stated this was a recommendation from the Director of the Department of Public Works regarding the non authorized hooking into fire hydrants and the possibility of having an ordinance with some provision about this. The Business Administrator suggested turning this over to the Legal Department.

Paton suggested putting in a check valve and asked if something like this would go in the Ordinance. The Business Administrator said yes.

Richter suggested not allowing access to these fire hydrants to avoid further problems. Richter stated if this can legally be done, an ordinance should be put into place.

Kelly asked if it was prohibited to discharge into the storm drains. The Business Administrator stated this is a separate issue.

4n. Correspondence; Wireless Antenna Location
The Business Administrator stated a request was received regarding a location of a wireless antenna at several municipally owned locations similar to others that we have received in the past.

The Business Administrator stated he would relay the Council’s decision of “no” by letter to the appropriate persons.

4o. Bergen County Commemoration of 60th Anniversary of D-Day
The Business Administrator stated a communication from the County was received stating on Sunday at the U.S.S. Ling the County would be having a Commemoration of 60th Anniversary of D-Day Ceremony. Richter invited all to attend.

4p. Extend State Contract Number T-437A
The Business Administrator stated this was a Resolution that would allow us to extend the use of a State Contract for copiers.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

TOWNSHIP COUNCIL/MUNICIPAL CLERK

5a. 2004/05 Liquor License Renewals
The Township Clerk stated we received the Liquor License Renewals for 2004/05 and they were in order. She recommended they be put on the agenda for next week.
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June 3, 2004
Page 17

Mr. Paton brought up a license that was suspended. The Township Clerk stated they needed to make an application for it to be left in Inactive status.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

5b. Raffle Application; Ramapo College of New Jersey
Tentatively approved; final approval shall be voted on at the June 10, 2004 Public Meeting.

5c. Fireman Membership Application; Rodolfo Brito
Spiech pointed out that part of the application was missing. The Township Clerk stated she would obtain the entire application and distribute to Council. Spiech also noted that the paperwork stated “King’s County’ in New Jersey. There is no such County. The Township Clerk said she would check into this.

Resolution shall be prepared for the June 10, 2004 Public Meeting.

5d. G.A.S.P. Resolution
Richter stated it would be a good idea to approve this. Spiech asked if we have heard from the Board Of Health on this and suggested getting a note from Mr. John Hopper stating that this was a good deal.

This shall be carried and placed on for the June 17, 2004 Work Session Meeting.

5e. Correspondence; Mr. Tomanelli, Discussion
Spiech stated there were two ways to get something on the ballot. Council could permit it, or a specific number of petitions were required. If they got the specific number of petitions it could cost the Township an election. Spiech suggested letting Mr. Tomanelli’s question go on the ballot to avoid a possible $30,000.00 cost to the Township due to a Special Election. If the question went on the ballot in November, it would not cost the Township any money. Richter felt the public should know about this. The Township Clerk agreed that a Special Election would cost $30,000.00.

Mrs. Richter invited Mr. Tomanelli to join the discussion.

Mr. Joseph Tomanelli of 614 Blue Ridge Lane stated he could get the petition in for the November Election, and it was his intent to try to get it in on the November Ballot. Mr. Tomanelli asked for a roll call vote for the public’s sake. Richter asked if the Tax Payer Protection Act was a State Law. Mr. Tomanelli said no, it is a Law and an Ordinance in Bogota. Mr. Tomanelli said the

Work Session Meeting Minutes
June 3, 2004
Page 18

Ordinance was from Bogota. Richter asked if Bogota was having problems, Mr. Tomanelli answered no.

Straw Poll Vote to place question on November ballot: Calandrillo, absent; DaPuzzo, no; DiGiulio, no; Kelly, no; Paton, no; Spiech, yes; Richter, no. Motion denied.

Spiech reiterated he would like to save the Township $30,000.00. Richter stated Mr. Tomanelli said he could get it on the ballot for November.

5f. Municipal Aid Program; Discussion (Richter)
The Township Administrator stated he believed the Municipal Aid Program was one of the items we had authorized our Engineer to assist us in making applications for. Richter stated that she wanted to make sure it was being worked on. Richter said we might be able to get some safety funding for the kids walking by Route 17. The Township Administrator suggested getting a report from the Township Engineer for the next Work Session.

This shall be carried and placed on for the June 17, 2004 Work Session Meeting.

5h. Correspondence; Mr. Runin, VA Funding
Resolution shall be prepared for the June 10, 2004 Public Meeting.

COUNCIL COMMENTS/COMMUNICATIONS
DiGiulio mentioned to the Council that the Seniors and the Girl Scouts will be doing a planting at the Senior Center for all to attend. If it rains, it will be Sunday at 1:00PM. Several nurseries have contributed so there will be more then one garden. Secors will do the circle, and two other nurseries will be trucking donations in. DiGiulio stated that when we have all of their names we plan to present each one with a plaque thanking them for their donations.

DiGiulio offered a special thanks to Mr. Sinclair, and Mrs. Susan Small from The Senior Center for making this project run smoothly.

Kelly offered thanks to DaPuzzo and Spiech for their work on the Volunteer Picnic, and Mr. Donigian as well who was working on it with them some years back. Mr. Kelly requested the help of the Council for the Picnic slated for July 18th.

Richter suggested for Council to get to Kelly things that the Council can do in writing.



Work Session Meeting Minutes
June 3, 2004
Page 19

DaPuzzo stated that on Sunday afternoon at 1:00PM at West Bergen Mental Healthcare on One Cherry Lane they will be dedicating the Hall to Mayor Kraus. At 3:00PM there will be a Raffle Drawing for a BMW. DaPuzzo invited the Council to attend.

Paton stated the Saddle River Lions was conducting a Car/Jeep Raffle at the Park on Lake Street. This was sponsored by Mahwah D.A.R.E.

Spiech stated Mrs. Susan Small said the Council was invited to The Sheraton, there will be a table set up at the upcoming D.A.R.E. Breakfast.

Richter reminded Council the D.A.R.E. dedication was at 4:00PM on Sunday June 13th , and the Council’s banner has been hung and it looked great.

REPORT OF SUBCOMMITTEES
DiGiulio stated on June 29th the purchase of the Recycling Bins would be finalized. DiGiulio expected to receive a report from the Township Engineer on the status of Veterans Park.

CLOSED SESSION
On a motion made by DaPuzzo, seconded by Kelly, Council went into Closed
Session at 11:22PM for the purposes of discussing Potential Litigation on Tax Appeals;
Potential Litigation on the Green Acres Diversion Application; Police Officer Grievance;
Police Officer Sick Leave Request; Litigation Report, and a Tax Appeal; Ramapo
College v. Township. All in favor. Motion carried.

On a motion by DaPuzzo, seconded by Kelly, Council returned to Open Session at
1:39AM. All in favor. Motion carried.

On a motion made by Kelly, seconded by DiGiulio, the meeting was adjourned at
1:40AM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr







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