Township of Mahwah, NJ
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The meeting was called to order at 8:00PM by Council Vice 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 17, 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 Kelly; Paton; Richter; and Spiech
Absent: Councilmembers Calandrillo; DaPuzzo; and DiGiulio

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

On a motion by Paton, seconded by Kelly, the meeting was open to the public at 8:03PM. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road stated Mr. Billy LaForet appeared in his driveway and he was upset due to his inability to adhere to Mahwah Township’s Municipal Ordinances with regards to property maintenance. Mr. Kidd invited the Council to review the Ordinance books with regards to the Property Maintenance Ordinances and consider amending or tailoring them to more realistic proportions.

On a motion by Spiech, seconded by Kelly, the meeting was closed to the public at 8:04PM. All in favor. Motion carried.

Richter stated that if there were any questions, to direct them to the Business Administrator prior to the Public Meeting on June 24, 2004.

ENGINEERING (Boswell-McClave)
1a. Datascope Corporation; MacArthur Boulevard and Ridge Road; Block 135.01, Lot 61.051; Request to Release Maintenance Guarantee (Dkt. #381)
The Township Engineer recommended the Maintenance Guarantee from Datascope be released.

Resolution shall be prepared for the June 24, 2004 Public Meeting.

1b. State Aid Applications for Fiscal Year 2005; Authorization for Mayor and Municipal Clerk to Sign Applications
The Township Engineer stated this was for the New Jersey Department of Transportation Grant Application for work to be done on Macarthur Boulevard to Darlington Avenue to Ridge Road. The Sidewalk Program was Macarthur Boulevard to Ridge Road to Corporate Drive. The Bike Path Program would be from Continental Soldiers Park to the Mary Patrick property.

Spiech asked if the bike path included the Bridge. The Township Engineer said, yes.

Paton asked if the walkway from Darlington Avenue and Macarthur Boulevard to the pool could be applied. The Township Engineer stated this spot improvement would be incorporated into the base bid.

Resolution shall be prepared for the June 24, 2004 Public Meeting.

3a Award of Bid; MTB #04-06 Township of Mahwah Continental Soldiers Park Bridges
The Business Administrator stated, with regards to 3a., these were State Aid Applications with which we could obtain funding from the Department of Transportation, and we also had our own Sidewalk Program within our regular Capital Budget. We had two outstanding grants from the Department of Transportation for bike way improvements.

The Business Administrator explained item 3a. had to do with the two bridges that were needed to complete the Lake Henry/Continental Soldiers 202 property pathway around the lake. This also tied into the pathway that went out to Halifax Road and could continue through the Danza property towards the Mary Patrick property.

The Business Administrator said in the prior year we had funded in our Municipal Capital Budget an amount of $150,000.00 for those bridges. The cost estimate was between $200,000 and $250,000. We had two outstanding grants for $200,000 each from the Department of Transportation and they were reflected in two Capital Accounts we had in our Municipal Budget.

The Business Administrator stated we did not include $75,000.00 in our Municipal Budget due to the grant monies available from the Department of Transportation; however, we had been advised by the Department of Transportation that the bridge needed to be a minimum of 8’ wide in order to meet Department of Transportation standards for possible reimbursement.

The Business Administrator stated the New Jersey Department of Environmental Protection, when it granted the permits necessary to do the work, limited the bridges to a maximum of 6’ wide. It was the 6’ bridges that the Township advertised and bidded out for. We had a problem between the standards of the Department of Transportation and the Department of Environmental Protection.
The Business Administrator stated we could move forward with the project; however, we could not use the funds from the Department of Transportation. The Township also had a $70,000 grant from Bergen County and a $10,000 grant from the Department of Environmental Protection for trails conferencing. The Business Administrator stated if we were to proceed with the 6’ bridge right now we would not be getting reimbursement from the Department of Transportation.

Richter asked if we could get the Department of Transportation and the Department of Environmental Protection to come to some sort of an agreement.
The Business Administrator stated this had been attempted; however, the Department of Transportation would not reconsider their position.

Kelly asked the Mayor if any contact had been made with the Governor’s Office with regards to the conflict between the Department of Transportation and the Department of Environmental Protection. The Mayor stated, no. Kelly asked for an attempt to me made.

The Township Engineer stated he would gather information and provide a report for the next meeting.

Spiech stated he was with Mr. White and Mr. John Brotherton from the Environmental Commission looking at the question the College has about doing some mediation there and since he had been doing all the work for the College Spiech asked about our problems with the bridges. It was his understanding that the Department of Environmental Protection would relax the 6’ concern if the Township stated it would be for handicapped accessible reasons.

Spiech asked if we did not use the $400,000.00 grant money for this, would we lose the grant.

The Township Engineer had pursued this question, and Mr. Maichi stated there would be ample time to allocate these monies to other eligible projects.

Paton met with the Business Administrator and discussed the right of ways through the Ramapo-Indian properties. The Business Administrator stated he met with the Chief, and his attorney, and an Agreement had been determined concerning how much the Ramapo-Indians would be paid via compensation for the easement through the small section of property. There were a few details concerning tax assessment that still need to be worked out.

Kelly asked if we would be required to re-bid rather then just go to the low bidder. The Business Administrator said we could do a change order for up to 20% of the project, so it would depend upon the amount of the change.

Resolution shall be prepared for the June 24, 2004 Public Meeting.

Paton suggested contacting the County about changing the no left turn out of the Mahwah Municipal Pool. Spiech stated it was the park who was concerned about the exiting and entering of cars and they instituted the no left turn policy.

The Township Engineer said he would meet with Sgt. Sinnaeve to address this issue.

1c. Verbal Status Report
Kelly questioned the inadequacy of the sign on the overpass on West Ramapo Avenue.

The Township Engineer suggested preparing a signage system that met the manual review, present it for Council’s review and comment, and Council could render its preferred solutions. The Township Engineer would then attempt to put one of those solutions into effect.

DiGiulio asked for an update on Willowbank Court. The Township Engineer stated the surveys were done and the applications would be submitted right away. The Township Engineer stated we were on schedule for this Summer.

DiGiulio asked about the Wyckoff Avenue/Forest Road project. The Township Engineer stated they need the dollars in the account before it could go out to bid. The money would be in by July, and they were using Department of Transportation funding.

DiGiulio asked about the status of Veterans Park. The Township Engineer stated he had not heard anything yet.

The Mayor asked about the widening and light at Wyckoff Avenue, Pulis Avenue, and Forest Road. The Mayor expressed great dissatisfaction at the lengthy delay of the completion of this project. The Mayor asked the Township Engineer to try to expedite this project if possible, and he expressed the County needed more pressure from the Township Engineer and the Council.

The Township Engineer concurred with the Mayor that the County was holding this project up and the Township Engineer would attempt to expedite by having further discussions with the County, Freeholders, and Assemblymen.

Richter asked the Township Engineer to contact the neighboring Townships that would be affected by this project. The Township Engineer stated he would.

Kelly stated he would like the issue of drainage explored more fully, and he would like for the County to be brought into this. Mr. Tsotsoros had come to the Council countless times with regards to the drainage problem on Wyckoff Avenue. Kelly asked to see resolution in this matter.

Kelly brought up further drainage problems on Lynn Terrace with regards to the storm drain adjacent to Island Road and a resident that had been complaining about this for years. This resident was told that this was a County culvert and it was the County’s concern. Kelly asked to get the County involved.

Kelly stated another resident complained about drainage on 586 Campgaw Road. Again, the resident was told it was a County problem. Kelly stated Council needed to keep reminding the County of these drainage problems, and the fact that they need to be fixed.

The Township Engineer stated he met with the County with regards to the Campgaw Road property and they responded with a letter stating based on the way the County Roads were designed the run off goes to the neighboring properties, and it was the property owners problem not the Counties.

Kelly stated he would rather see the Council and Township address the County, and represent the resident’s interest, instead of the resident. The Township Engineer stated that he would look into Kelly’s concerns.

The Mayor stated much of the problem with the drainage issues lie with the resident’s unwillingness to provide an easement to their properties to fix the problems.

The Township Engineer stated he would prepare a report.

2a. Outstanding Professional Escrow Accounts; Discussion
The Township Utility Engineer stated the need to carry this item to the next Work Session due to a need for further discussion.

2b. Oral Progress Report
The Township Utility Engineer stated the Foxwood Lane to Shortline 20” main passed the test in the last two weeks. In the section from Johnson Avenue to Shortline they had isolated a section that might have a leak.

The Township Utility Engineer stated restoration was in progress at the Mahwah River and they expected shortly at the Arzee property.

Spiech asked about Shortline to Foxwood Lane. The Township Utility Engineer stated the section under the river had passed, and the section under the river to Foxwood Lane also passed. Speich asked if it was sleeved under the river. The Township Utility Engineer answered, no; however the inside of the joints were sealed. The Township Engineer stated progress had been made with the piece under the railroad bridge. The Township Engineer hoped to have this work done during July, and it was in discussion with Montana Construction and the Bonding Company.

Paton asked in future reports to have estimated completion dates. Paton stressed to have road work done in the summer, prior to the start of school. The Township Engineer said there were dates currently on their reports.


3a. Award of Bid; MTB #04-06 Township of Mahwah Continental Soldiers Park Bridges
Resolution shall be prepared for the June 24, 2004 Public Meeting.

3d. No Parking on Christie Avenue; Discussion
Richter affirmed there was a problem with people parking on Christie Avenue, and it was stressed that Emergency Vehicles could not get through and there was difficulty finding parking for the residents. The businesses in the area, as well as residents from other streets, were parking on Christie Avenue. Richter asked for comments from the Council.

Paton asked who owned the cars that were parking on Christie Avenue.

Mrs. Bernadette Remo of 110 Christie Avenue stated she was uncertain who owns the vehicles; however, she felt they may be employees of Flyte Tyme due to the lengthy time the vehicles were parked.

Paton asked Police to monitor the area.

Mrs. Bernadette Remo asked for no parking on Christie Avenue on Monday – Friday from 8-4pm during business hours. Mrs. Remo stressed that this problem had been going on for a long time.

Kelly suggested limited time parking on Christie Avenue. Richter asked who would check on the time and the vehicles.

Mr. Tim Rose, Owner of Flyte Tyme Limousine, stated this area had always had industrial use. Mrs. Remo disagreed.

Speich suggested Mr. Rose have his employees park on Cedar Hill Avenue. Mr. Rose said this was a possibility.

Paton stated ease of access for emergency vehicles should be given precedence in this situation. Paton stated residents should remember if a Monday – Friday from 8am – 4pm parking restriction was enacted residents would not be able to park on the street either.

Richter asked Mr. Rose how much parking he had on site. Mr. Rose stated 45 spaces and he made a deal with Shortline and they had leased Flyte Tyme space in the back for access vehicles to ease the pressure.

Speich asked Mrs. Remo if it was primarily vehicles from Flyte Tyme. Mrs. Remo answered yes.

Paton suggested specific parking be marked on the street and to start advising people who were parking on the street not to do so.

Mr. George Remo of 110 Christie Avenue reiterated the need to put no parking restrictions on Christie Avenue. Mr. Remo asked the Council for a solution.

DiGiulio suggested thinking about the businesses as well, and how the no parking restrictions would affect them. DiGiulio further suggested meeting with the businesses.

Richter stated the Police Department should be involved, as well as the Road Department, and as a group we should meet again. Richter stated Council would get back to the residents in attendance tonight.

Mr. Robert Alder of 112 Christie Avenue reiterated the problem with the parking on Christie Avenue. Mr. Alder stated this had only become a problem within the past 1 ½ years.

Mrs. Bernadette Remo inquired if there was an amendment passed to increase parking at Flyte Tymes location, and if so why she was not notified. The Township Administrator stated there was no such amendment made.

This situation will be re-reviewed by the planning board.

3b. Award of State Contract; #T2276; Influenza Vaccine
The Business Administrator stated that this would allow us to use the State Contract for purchasing the Influenza Vaccine.

Resolution shall be prepared for the June 24, 2004 Public Meeting.

3c. Parking Situation; Winter Terrace and Winter Place
The Business Administrator stated this was similar to the situation the Township had on Marion Drive and he could get more information from the Police, and maybe a recommendation, for this problem. People were parking on the street when going to Roxanne’s as well as a Dental Office’s private parking lot.

The Business Administrator asked the Township Attorney to look into Ordinances against parking in private parking lots.

Spiech mentioned a fishing article that directed people to park on Marion Drive. Speich asked the Business Administrator to look into parking in the County Parking lot for the Marion Drive overflow. The Business Administrator stated he would do so.

The Business Administrator suggested parking restrictions on Winter Place as well. The Business Administrator stated he would bring more information to the next Work Session for Council’s review.

Kelly suggested posting in the newsletter the need for the residents to park responsibly. Richter suggested putting an article in the newspaper about this problem.

Richter stressed the need for one sided parking for the Christie Avenue – Winter Place – Marion Drive problem areas.

3e. Sewer Charge (Flat Rate); Well User’s
The Business Administrator suggested giving this to the Township Attorney for further review.

This shall be placed on the next Work Session.

3f. Change Orders #2C and 2D (Reduction); MTB #02-11: UST Removal and Above Ground Storage Tank Installation
The Business Administrator stated that he would like to close out this project, which would be done by a final Change Order. This would reduce the total contract by a small amount.

Resolution shall be prepared for the June 24, 2004 Public Meeting.

3g. Special Item of Revenue and Appropriation – Chapter 159; Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund
The Business Administrator stated this would allow us to put in to this year’s budget $15,104.00 received from a State Grant for Alcohol Enforcement.

Resolution shall be prepared for the June 24, 2004 Public Meeting.

4a. Liquor License Transfer; Sardinia Enterprises LLC to Ramapo Center Liquor Associates LLC
Resolution shall be prepared for the June 24, 2004 Public Meeting.

4b. Proposed Council Meeting Schedule; July and August Meetings
Richter stated Council will have regularly scheduled meetings due to the length of last year’s meetings.

Spiech stated he met with John Brotherton and Mr. White, and the State now declares 150 feet from the Ramapo River, in to the property the Township bought from Danza, as wetlands. Spiech stated no dirt would be moved.

Spiech stated the Library Board had a meeting and had some questions about the new Personnel Manual. The Business Administrator stated he would discuss these questions with the Library Director.

Spiech suggested merging the Ramsey and Mahwah Police Departments.

Paton stated he attended the Dare Roller Hockey dedication and he felt they did a nice job. Richter asked how the banner looked. Paton said it looked fine.

Kelly brought up an email from Sergeant Sinnaeve concerning Meadow Avenue. Kelly asked if Council wanted to go ahead with a Public Meeting on this, or let Sergeant Sinnaeve handle it in a month or two.

Spiech and Paton said it needed to be handled in the summer.

Richter said she did not feel that the summer was good. Kelly concurred.

Paton stated we could have the area patrolled more. Richter asked the Business Administrator if the police would report their findings to the Council. The Business Administrator stated they will, but only if Council asks in writing for a report.

DiGiulio passed around the proposed banner for the Fire Departments and the Ambulance Corps. DiGiulio requested Council’s approval. Council said it was fine.

DiGiulio asked about the sprinkler system. The Business Administrator stated it was a problem with winterization and it should be operational by next week.

DiGiulio stated she wanted to get plaques together for the landscapers who donated their time and supplies, and resolutions for the people who planted. DiGiulio also wanted a small plaque for the Garden Club for the seniors to hang on the wall downstairs.

DiGiulio thanked Juan for doing a great job.

DiGiulio also went to the DARE dedication and she said they did a fantastic job.

Richter asked the Business Administrator when the completion date would be on the Fire House. Richter asked if the final color was on the Firehouse. The Business Administrator answered yes.

Richter asked about the parking lot lights on the Museum Building and the Fire House and if there will be any lights on the walkway or handicapped ramps. The Business Administrator said he would check into this.

Richter stated the Historic Preservation Commission was having problems getting a quorum. Richter asked if the requirements could be changed by ordinance. The Township Attorney said she would look into it. The Township Attorney’s suggestion was to lower membership rather then increase it.

Richter will speak to the Historic Preservation Committee and then have it put it on for a
Work Session Meeting.

Richter stated there was miscommunication between the Planning Board and the Historic
Preservation Committee and communication needed to be better to avoid losing items of
Historic importance. Richter stated this would go on for a future Work Session.

Spiech stated the senior picnics would be July 22nd at Continental Soldiers Park, August
5th at the Elks Club, and August 19th at the pool. They were reviewing what to do about
rowdy people at a senior luncheon. There was talk about ID cards to insure Mahwah
residents would only attend. 550 people were registered. A Mahwah Residents Only
sign will also be considered for use for these functions.

DiGiulio stated the Beautification Committee would be meeting on July 29th, 2004.

Richter stated on June 28th the Museum Society was having a Victorian Era show and the
tickets were $10.00 each. Richter stated that it would be well worth it to attend.

On a motion made by Spiech, seconded by Paton, the meeting was adjourned at
10:35PM. All in favor. Motion carried.

Respectfully submitted,

Kathrine G. Coletta, RMC/CMC
Municipal Clerk


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