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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, MAY 20, 2004

The meeting was called to order at 11:32PM by Council President Richter immediately following the Work Session Meeting.

Present: Councilmembers DaPuzzo, DiGiulio, Kelly, Paton, Richter and Spiech.
Absent: Councilmember Calandrillo.

Also present were Mayor Richard Martel, Business Administrator Brian Campion, Township Attorney’s Associate Nilufer DeScherer and Municipal Clerk Kathrine G. Coletta.

APPROVAL OF BILLS AND CLAIMS
On a motion by DaPuzzo, seconded by Spiech, the Bills and Claims, previously signed, totaling $692,699.02 were approved. All in favor. Motion carried.

APPROVAL OF MEETING MINUTES
On a motion by DaPuzzo, seconded by Spiech the Meeting Minutes for the Work Session of February 5, 2004 and the Public Meeting of February 26, 2004 were approved. Roll
Call Vote: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech (abstains on the 5th), yes.

REPORT OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
DiGiulio attended the Eagle Scout Ceremony which was very well attended and very nice.

Paton mentioned with regard to the Superintendent of Schools Search that he participated in some of the interviews of the candidates. The Board of Education was willing to take Council’s input on the candidates.

Paton spoke with Freeholder McPherson and Mr. Frank Delvecchio with regards to the potential removal of Company Number 4 having to respond to the Campgaw Ski Area.
The people who will be leasing the Campgaw Ski Area will be for profit and will need to provide their own Ambulance Service.

The people who rent the Campgaw Ski Area for profit will be providing an Ambulance Service.

Spiech stated he went down to the state on the 319H Grants and the possibility of receiving these Grants was not very positive at this point.

Richter went to the Board of Education Meeting and gave them an update representing herself in regards to Council’s position.

Public Session Meeting Minutes
May 20, 2004
Page 2

Spiech asked Richter if she asked the Board of Education if they were going to do the fields this year. Richter stated the work would begin in the Winter/Spring 2005 with completion to be in 2005, so they would not be doing the fields this year.

The Business Administrator stated the Dare Roller Hockey Rink Dedication would be on Sunday June 13th at 4PM.

MAYOR’S PROCLAIMATION
The Mayor proclaimed June 2004 to be Myasthenia Gravis Awareness Month.

PUBLIC PORTION
On a motion by Spiech, seconded by Paton, the meeting was open to the public at 11:40PM. All in favor. Motion carried

On a motion by Paton, seconded by Kelly, the meeting was closed to the public at 11:41PM. All in favor. Motion carried

PUBLIC HEARINGS: AMENDMENTS TO 2004 MUNICIPAL BUDGET
The titled of an Amendment was read as follows:
AMENDMENT NO. 1 AND NO. 2 TO 2004 TOWNSHIP OF MAHWAH MUNICIPAL BUDGET.

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

Mr. Gene Smith of 63 Sunnyside Road stated he asked Council to reconsider the Amendment of withdrawing the $40,000.00 that was committed to refurbish the High School fields for use by recreation. Mr. Smith directed Council’s attention to a letter sent
on May 4th by the Board of Education stating they will start work Winter 2004/Spring 2005 to complete in 2005.

Richter stated she spoke to the Board of Education and they stated they would not go ahead with the Track Project until all paperwork was put into order and it would not be
done this year. Richter stated, according to the Board of Education, the track would be put in next year to be completed in fall 2005.

Richter suggested the Board of Education meeting with Council in the fall of 2004 for further discussion.

Mr. Gene Smith said the Board of Education’s statement said they would stick by their commitment if Council stood by theirs. Richter stated the Board of Education may chose to go ahead with the project on their own.
Public Session Meeting Minutes
May 20, 2004
Page 3

Being no further comments from the public, on a motion by Paton, seconded by Kelly, the meeting was closed to the public. All in favor. Motion carried.

Spiech stated the fields were necessary for the Township children and taxpayers. Spiech stated the $40,000.00 should be put back in the budget. DaPuzzo concurred due to possible tax increases next year.

Kelly stated he is in favor of the track and field; however the Mahwah Taxpayers do not want this funded this year. Kelly said the trust of the Mahwah Tax payers was more important then doing the project this year.

On a motion by Paton, seconded by Kelly, the 2004 Township of Mahwah Municipal Budget shall be adopted to include Amendments #1 and #2.

Roll call vote: Calandrillo, absent; DaPuzzo, no; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, no; Richter, yes.

****

ORDINANCES-ADOPTION
The title of an Ordinance was read as follows:
2004 MUNICIPAL BUDGET OF THE TOWNSHIP OF MAHWAH COUNTY OF BERGEN FOR THE CALENDAR YEAR 2004

On a motion by Paton, second by Kelly, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1480

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 vote: Calandrillo, absent; DaPuzzo, no; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, no; Richter, yes.

****

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 24 ENTITLED “ZONING” OF THE TOWNSHIP OF MAHWAH MUNICIPAL CODE TO PROVIDE A NEW DEFINITION FOR “LOT DEPTH”

RESOLUTION – ORDINANCE NO. 1482
Public Session Meeting Minutes
May 20, 2004
Page 4

On a motion by Paton, seconded by Kelly, the following resolution was carried and shall be reintroduced on June 10, 2004. All in favor. Motion carried.

ORDINANCES INTRODUCTIONS
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $2,915,400 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,769,630 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

On a motion by DiGiulio, seconded by Kelly, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1487

BE IT RESOLVED by the Township Council of the Township of Mahwah that the Ordinance entitled BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $2,915,400 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,769,630 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF be passed and adopted on first reading.

BE IT FURTHER RESOLVED that said Ordinance be further considered for final passage at a meeting to be held on the 24th day of June 2004 in the Council Chambers at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM or as soon thereafter as the matter can be reached and at such time and place all persons interested be given the opportunity to be heard concerning this Ordinance.

BE IT FURTHER RESOLVED that the Township Clerk be, and she is hereby authorized and directed to take all necessary actions pursuant to N.J.S.A. 40A: 2-17 and to publish said Ordinance according to law with a notice of its introduction and passage on first reading, and of the time and place when and where such Ordinance will be further considered for final passage.

Roll Call: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, no; Richter, yes.

****

Public Session Meeting Minutes
May 20, 2004
Page 5

CONSENT AGENDA
Resolutions #126-04, #128-04 through #133-04, #134-04, #135-04 through #137-04, and #139-04 through #149-04 were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #138-04 and #150-04 were removed from the Consent Agenda and voted on separately. Resolutions are attached to and made part of these Meeting Minutes.

Resolution #127-04 was removed from the Consent Agenda and carried.

PUBLIC PORTION
On a motion by Paton, seconded by DaPuzzo, the meeting was open to the public at 12:10AM. All in favor. Motion carried.

Mr. Gene Smith of 63 Sunnyside Road was disappointed with the vote concerning the Athletic Fields and further felt the fields were poorly maintained.

On a motion by DaPuzzo, seconded by Paton, the meeting was closed to the public at 12:13AM. All in favor. Motion carried.

On a motion by Spiech, seconded by DaPuzzo, the meeting was adjourned at 12:14AM. All in favor. Motion carried.


Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr














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