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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, MAY 12, 2005

The meeting was called to order at 8:07PM by Council President Richter who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 6, 2004 and August 16, 2004 stating this meeting would be held on Thursday, May 12, 2005 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 Alderisio, DiGiulio, Kelly, Paton, Richter and Roth
Absent: Councilmember Calandrillo

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Menelaos W. Toskos, Township Attorney’s Associates Craig Bossong and Deputy Municipal Clerk Mary C. Ross.

APPROVAL OF BILLS AND CLAIMS
On a motion by Roth, seconded by Paton, the Bills and Claims, previously signed, totaling $4,343,975.26, were approved. A list of Bills and Claims is on file in the Municipal Clerk’s Office. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

APPROVAL OF MEETING MINUTES
On a motion by Roth, seconded by Alderisio, the Closed Session Minutes of August 26, 2004, the Closed Session Minutes of September 23, 2004, and the Closed Session Minutes of December 9, 2004 were approved. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, abstain; Paton, yes; Roth, yes; Richter, yes.

REPORTS OF COUNCIL AND MUNICIPAL CLERK
DiGiulio stated she attended an Eagle Scout Ceremony at the Boy Scout Center in Oakland, New Jersey yesterday. She found it a valuable experience and it was wonderful to see all who supported this effort.

Kelly echoed DiGiulio’s comments and stated it is a proud achievement for all the Eagle Scouts and their families. Kelly stated he also attended a Certification Graduation Ceremony at Ramapo College of New Jersey. Mr. Raymond Roe had a class for the Emergency Management Volunteers at Ramapo College and they were very happy with the Township’s cooperation in this project.


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May 12, 2005
Page 2

REPORTS OF THE MAYOR AND BUSINESS ADMINISTRATOR
The Mayor stated he received a call from a contractor in the area doing work for the Army Corp. of Engineers. They will be taking photos of the areas surrounding the Ramapo River which is a part of the on going discussion with the Army Corp. of Engineers with regard to the flooding in the Township and Suffern, NY. The Mayor advised residents if anyone sees these people taking photographs he is aware of the situation.

MAYOR’S PROCLAMATION
Due to time constraints, the Mayor waived the reading of the Proclamation for Eagle Scout – Benjamin C. Andrews.

NEW BUSINESS
With regard to the defeated School Budget, the Township Attorney acknowledged the need for a vote utilizing the “Doctrine of Necessity.” The Township Attorney gave a brief overview of what the “Doctrine of Necessity” was, and why it needed to be applied pertaining to any possible conflicts of interest by way of Councilmembers Alderisio, Kelly or Roth.

Paton commented on a Mahwah 2005 School Budget Summary that was handed out to Council, primarily the Township Council Action Plan section. The reduction of programs and staff were areas that were avoided when contemplating cuts.

It was recommended that three areas be reduced:
1. Administrative Supplies $13,000.00
2. Maintenance Supplies $12,000.00
3. Telephone District Expenses $80,000.00

The total proposed reduction was $105,000.00.

Paton stated the Board of Education has been experiencing telephone problems with Verizon. It was decided by the Committee that the Board of Education discuss the telephone problem directly with Verizon and have them fix the system, rather then spending $80,000.00 unnecessarily on the current telephone arrangement. Richter concurred.

Paton stated the Board of Education had the opportunity to agree with the above recommendations made by the Committee, or to refute them.

Kelly asked Paton to address the $65,000.00 that was missing from the original $170,000.00. Richter stated it was misunderstanding in the Language Arts Program that was actually a decrease and Building/General Maintenance that would also be reduced.

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May 12, 2005
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Richter stated she was unsure if the Board of Education would be accepting this proposal – she felt they were discontented after the Committee Meeting, but this is what the Committee felt was realistic.

Roth felt the Board of Education presented a good budget at 5.5%; however the Committee managed to cut this “good budget” by $105,000.00 without effecting staff, programs or the curriculum. The Committee worked hard to find these areas to cut and they should be commended for their efforts.

On a motion by Roth, seconded by Paton, the Defeated School Budget was reduced as follows:

1. Administrative Supplies 11-000-240-610 $13,000.00
2. Maintenance Supplies 11-000-261-611 $12,000.00
3. Telephone District Expenses 11-000-230-530-82-26 $80,000.00

Roll Call Vote: Alderisio, recuse; Calandrillo, absent; DiGiulio, abstain; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

RESOLUTION
Richter asked to have this Resolution repositioned after the Public Hearings for the Amendments to the 2005 Municipal Budget. As a result, Resolution #113-05: Local Municipal Budget Examination was not voted on, and therefore removed from the Agenda.

PUBLIC HEARINGS TO AMENDMENTS TO 2005 MUNICIPAL BUDGET
On a motion by Roth, seconded by Paton, on behalf of the Finance Committee, Roth made a motion to further amend the two proposed amendments to the 2005 Municipal Budget. The Amendment was as follows:
1. Remove the 1.2 Million Dollar Proposed Police Renovation from Capital.
2. Remove $285,000.00 from the Department of Public Works Budget for the related site work on Miller Road and Kings Street from Capital.
3. Eliminate three Police Department Positions due to retirement through attrition, as was done with the Department of Public Works.
4. The Additions of the repair/replacement of the Police Department Roof ($100,000.00) and the mitigation of problems with the ventilation in the evidence rooms in the Police Department ($50,000.00).
5. The Addition of $15,000.00 for Diesel Fuel for the Department of Public Works.

This would provide for a net reduction of the Capital Budget of $1,535,000.00 and a reduction of $245,000.00 to the Operating Budget.

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May 12, 2005
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DiGiulio asked if the removal of the 1.2 Million Dollar Proposed Police Renovation from Capital was the money the Township appropriated, or was it from the seized funds. Roth stated it was from the Township’s Capital Budget. DiGiulio asked how much that would lower the Municipal Budget. Roth said it would not, it was Capital. DiGiulio stated the Township could have problems with OSHA due to the lack of space in the Police Department. Roth stated he was unaware of any violation of OSHA rules.

Alderisio stated he had a problem with the way this was presented, as this was the first he was informed concerning this new set of Amendments. Alderisio stated he could not vote for this. Alderisio concurred with DiGiulio that the removal of the 1.2 Million Dollar Proposed Police Renovation from Capital would be a wash. Richter stated the method and timing of this presentation was unavoidable due to time constraints concerning the Amending of the Municipal Budget – it needed to “get on the table.”

Kelly has difficulty with the removal of the 1.2 Million Dollar Proposed Police Renovation from Capital as the public needs to be made aware that the 1.2 million is completely offset by the 1.2 million of Seized Funds. Kelly mentioned, with regards to the $285,000.00 that was being removed for the parking lot that the Museum Group has been waiting for years for this parking lot to be completed. Kelly stated he understood the need to cut the Budget; however, this has been a project that has been waiting for 4-5 years and he was hopeful this parking area could have been taken care of and finalized.

Roth stated the taxpayers want cuts, and time should be taken to allow the Police Department Addition to be put together correctly. Council should be comfortable with the complete package before moving forward – even if it means waiting another year. Roth stated his intention was to remove this obstacle in order to have Council vote and pass the Budget. Roth stressed the need for the Budget to be passed. The Proposed Police Renovation could then be revisited at a later date. Roth stated to rest assured that the Finance Committee wanted to be able to bring the Proposed Police Renovation to fruition; however they wanted it to be done right.

Kelly stated the 1.2 Million Dollars would have to be removed from the Budget in two places. The Chief Financial Officer confirmed this fact, and further stated that the Operating Budget would need a separate Amendment with another Public Hearing which would first require a hearing on the current Amendment. According to the Chief Financial Officer, a Resolution is all that is needed to approve the Capital Budget.

The Chief Financial Officer stated another option is to leave the 1.2 Million Dollars in the Budget and just not do the project. Kelly stated he would feel more comfortable in doing what the Chief Financial Officer said and leave the 1.2 Million Dollars in the Budget and just not do the project. Kelly suggested the Council President, or whom ever she chooses

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May 12, 2005
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to appoint, meet with Administration and the Police Department to make sure all of Council’s questions are answered.

Roth stated to leave the 1.9 Million in the Budget could cause difficulties and this money may be utilized against Council’s wishes in the future. Roth suggested a Straw Poll Vote on his motion to avoid fines from the State Finance Board and to pass the Budget. Kelly stated he has difficulty with the Straw Poll, as Council had 5 votes for the Amendment last week and Kelly felt Council had come to some sort of common ground at that point.

Alderisio stated the 1.2 Million Dollars for the Proposed Police Renovation had been earmarked for the Proposed Police Renovation and could not be used for anything else. Alderisio felt spending $150,000.00 for the Police Department roof and ventilation would be a waste of that money if the Proposed Police Renovation was done the next year.

DiGiulio stressed that Council voted together on the Ordinance allowing for 56 Police Officers. DiGiulio stated at that point was the time to vote no, or make cuts. DiGiulio stated any cuts made in the Police Department, or Department of Public Works will directly affect the Township Residents. DiGiulio stressed that Township Residents will not be happy if their services are interrupted.

DiGiulio stated all 7 Councilmembers voted in favor of the 56 Township Police Officers. Richter stated she was incorrect, and she would go on record as stating such. DiGiulio stated she did not agree with the elimination of three jobs in the Department of Public Works due to the death of a member in this department.

DiGiulio suggested a Power Point Presentation for next year’s Budget Process delineating line item to line item for the Public. DiGiulio stated all cuts should have been made during the Budget Process in front of the appropriate Department Supervisor. DiGiulio stated she would not vote in favor of the Budget tonight.

Paton thought DiGiulio’s statement concerning the elimination of three jobs in the Department of Public Works due to the death of a member in this department was unwarranted. Paton stated management by attrition is a very good business practice when you are financially strapped. According to Paton, the Township is financially strapped.

Paton stressed the need to move ahead with the repair/replacement of the Police Department Roof ($100,000.00) and the mitigation of problems with the ventilation in the evidence rooms in the Police Department ($50,000.00). Paton stated he was in support of Roth’s proposal.


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May 12, 2005
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Alderisio reiterated the repair/replacement of the Police Department Roof ($100,000.00) and the mitigation of problems with the ventilation in the evidence rooms in the Police Department ($50,000.00) was a waste of money if the Council intended to go ahead with the Proposed Police Addition in the future.

Kelly asked, with regards to the DARE Officer Position, if the Township would be liable to pay back a Grant received for this project? The Chief Financial Officer stated the Grant period is over on June 30, 2005. Paton stated he was told this Grant was up in February, 2005.

Kelly stated he agreed to change his position and work with Roth last week, and agreed to take $40,000.00 of unexpended funds and to save that money from the Operating Budget. With the remaining money, the Chief would be allowed to hire the Officers to get them ready for full service through schooling next year. Kelly stressed Chief Batelli needed to be able to anticipate when people are going to leave and he would need to be able to anticipate how he would continue to do the job the Township is asking him to do. With that said, Kelly stated the bottom line is if the three Police Officers are not hired will the Township be liable for the Grant Money because the Township has not completed their commitment. Kelly wanted to know if the Township was going to lose money on this, how much it would be.

Roth stated the Management of the Township would be prudent enough to make sure the obligations of the Grant were fulfilled before any final changes were made. As for the three positions, Roth stated it was agreed that Council would save money by delaying the hiring of these Officers, but where we are now is “a foot in the present, and an eye to the future.” Roth further stated looking at attrition across the spectrum; Council has a one time opportunity now to save funds amounting in $200,000.00 - $300,000.00 plus benefits through attrition without taking a job away from any employee in this Township. Roth stated next year will be equally as difficult and these steps needed to be taken now to capitalize on this opportunity to save money for the Township.

Kelly stated it was never his intention with the Department of Public Works, but it sounds like it is Roth’s intention, that the positions previously envisioned in the Department of Public Works (as well as the Police Department) as not being filled from this point to the end of the year, will not be filled next year as well. Roth stated unless there was a significant change in the financial health of the Township - that is what Roth is proposing.

Kelly asked Richter if Chief Batelli, Chief Financial Officer, or the Business Administrator could respond to his questions. Kelly needed clarification on the figures he was considering presently. The Business Administrator stated he was confused, and

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May 12, 2005
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unclear on what figures Kelly was referring to. Kelly stated he was referring to the DARE Officer and the Grant Money that was received by the Township for that position. Chief Batelli stated from 2002 – 2005 the DARE Officer was funded by the Federal Government for $125,000.00. According to Chief Batelli, it is now the Township’s obligation to pay for the year 2005-2006. If this obligation is not met, the Township is obligated to pay back the $125,000.00 which was the terms of the Grant. Kelly thanked Chief Batelli for his clarification.

Chief Batelli stated the Grant originally ended in February, 2005 and an extension was requested by Chief Batelli to the Chief Financial Officer to the end of June, 2005. Paton asked why Administration did not advise Council of this extension request. Paton further commented in financially troubled times such as this, Administration should clear things such as this through Council first.

Paton stated the wording of the Police Agreement was “up to 56”, and this does not mean the Township is required to have 56 Officers. Paton stressed if the Township does not have the money to spend, it can not have the entire 56 Officers. Paton stressed the 3 positions being discussed and considered would be removed by attrition due to retirement, and not to scare the public by stating the DARE Officer was being removed.

Alderisio stated if four Officers are retiring, and if the 4 were replaced, the difference in salaries between a Patrolman and a Lieutenant at top grade, and the four new recruits coming in 2005 the Township would still save $300,000.00. Paton asked Alderisio if it was four recruits, rather then three. Alderisio stated four Officers are retiring. Paton stated he was not informed of this, and it is wrong for some people to be informed and not others. Richter stated Chief Batelli sent a letter indicating there were three retirees. Richter stated Officer Boddy had not determined his retirement yet. Alderisio stated once he reached the age of 65, he did not have a choice.

The Business Administrator stated Chief Batelli provided a list of employees and a schedule of retirement, which was subsequently distributed to Council. The Business Administrator stated one Officer’s last day was 12/31/05 which would not affect the 2005 Budget. This is where the Business Administrator believes the confusion is concerning the 3-4 officers that are retiring.

Kelly asked for clarification on the $125,000.00, and if the Township would have to repay that to the Federal Government because the Township has not fulfilled their obligation concerning the DARE Officer. Richter concurred, stating a savings of $44,000.00 offset by a loss of $125,000.00 makes no sense. The Chief Financial Officer stated Chief Batelli would have that information, and if he states the Township will lose

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May 12, 2005
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the money, they will. Richter told Roth she is not in favor of this change then, because the Township will lose money. Roth stated he was unclear on this, and this is the first he has heard of the Grant Money Loss. Roth asked for further clarification.

Chief Batelli reiterated from 2002 – 2005 the DARE Officer was funded by the Federal Government for $125,000.00. According to Chief Batelli, it is now the Township’s obligation to retain the additional Officer (number 56) and pay for the year 2005-2006. If this obligation is not met, the Township is obligated to pay back the $125,000.00 which was the terms of the Grant. This Grant, according to Chief Batelli, expires in June of 2005 due to the recent extension. Roth asked how long does the Township have to hold the 56 Officers after this. Chief Batelli stated one year, until June, 2006.

Kelly stated he commended the Financial Committee with regards to the School Budget; however, he was asked why he voted on it. Kelly stressed it was due to the “Doctrine of Necessity” and he was advised he had the right to do so. Kelly was comfortable with the Financial Committee’s efforts, because they stressed there changes did not affect staff, programs or the curriculum, so he voted. Kelly does not feel the same effort is being made with the Budget to avoid affecting staff and programs.

Paton appreciated Kelly’s comments; however the Township’s Proposed Increase was so large that measures needed to be taken to “bite the bullet” and lower the Budget. Paton stated the Board of Education needed to provide Council with a statement with regards to the SRO Officer, and how he benefits the School System. While Paton agrees that the concept is good, Council needs input from the Superintendent of the Schools with regards to this in order to make an educated decision. Paton stated the scare tactics being used concerning this DARE Officer, and the fact that Council was not advised concerning the extension of this Grant are wrong. Alderisio stated from what he has heard from the Parents and School Staff the SRO Officer is doing very well.

Roth stated based on the recent information acquired during this session, Roth could not recommend the original portion of the motion that dealt with the removal of the three Police Officer Positions through attrition, and he subsequently withdrew this portion of the motion. Paton accepted this as a second. The motion stands as follows:
1. Remove the 1.2 Million Dollar Proposed Police Renovation from Capital.
2. Remove $285,000.00 from the Department of Public Works Budget for the related site work on Miller Road and Kings Street from Capital.
3. The Additions of the repair/replacement of the Police Department Roof ($100,000.00) and the mitigation of problems with the ventilation in the evidence rooms in the Police Department ($50,000.00).
4. The Addition of $15,000.00 for Diesel Fuel for the Department of Public Works.

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May 12, 2005
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Straw Poll Vote: Alderisio, yes; Calandrillo, absent; DiGiulio, no; Kelly, no; Paton, yes; Roth, yes; Richter, yes.

The Township Attorney stated a formal vote needed to be taken, and he reminded Council that 5 votes would be needed to capture this vote due to the increase of more then 10%. Roth stated he would remove the $15,000.00 increase from his motion if that would allow the vote to move forward.

The Business Administrator stated there is $1.2 Million that is now proposed to be deleted from the Capital Budget and $1.2 Million now proposed to be deleted from the Operating Budget for the Police Headquarters Project. Roth stated in addition, there is the $285,000.00 to be deleted in associated site work. The Business Administrator stated the $1.2 Million change in the Operating Budget would be beyond the 10%, thus requiring another amendment to be made, and a new Public Hearing. The Chief Financial Officer stated the Public Hearing for tonight’s Amendments would need to take place prior to any other proposed Amendments and subsequent Public Hearings. The Chief Financial Officer stated the Capital Budget would only need an approval through Resolutions, done at any time, for any changes that might be made.

Alderisio felt the Budget would go through tonight, and there would not be a need for another hearing. The Chief Financial Officer stated there would be a need due to the Operating Budget being changed by more then 10%.

Alderisio stated due to the delay in passing the Budget tonight, if it came to a formal vote on Roth’s Amendment, his vote would be no.

On a motion by Roth, seconded by Paton, the Proposed Amendment was voted on as follows:
1. Remove the 1.2 Million Dollar Proposed Police Renovation from Capital.
2. Remove $285,000.00 from the Department of Public Works Budget for the related site work on Miller Road and Kings Street from Capital.
3. The Additions of the repair/replacement of the Police Department Roof ($100,000.00) and the mitigation of problems with the ventilation in the evidence rooms in the Police Department ($50,000.00).
4. The Addition of $15,000.00 for Diesel Fuel for the Department of Public Works.
Roll Call Vote: Alderisio, no; Calandrillo, absent; DiGiulio, no; Kelly, no; Paton, yes; Roth, yes; Richter, yes. Motion failed.

The Township Attorney asked Council if they wished to go ahead with the Public Meeting for the Amendments that were passed last week. The Township Attorney stated there would be one Public Hearing on both Amendments voted on last week.

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May 12, 2005
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On a motion by Alderisio, seconded by Roth, the meeting was open to the Public at 9:35PM on Amendments 1 and 2 to the 2005 Municipal Budget. Roll call Vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

Mr. Lou Guarneri of 128 Mac Leish Court stated he does not agree with the amendments and stated the Budget was not cut enough. Mr. Guarneri said Council needed to review the wording of the Grant for the DARE Police Officer carefully before making any further decisions.

Mr. Guarneri stated he was confused with the 1.2 Million for the Police Addition; he heard a figure of 2.4 Million last week and was confused by the numbers. Richter stated she is also confused by the unanswered questions concerning the Police Addition, and that is why she personally believed it should be removed from the Budget. Richter further stated the Police Project is currently projected at 2.1 Million Dollars. The figure of 1.2 Million is what is needed in addition to the $950,000.00 Council previously budgeted for this project a number of years ago. Mr. Guarneri stated if the 1.2 Million Dollars is a wash, Council might as well go ahead as it will not affect the Tax Rate since it is a Capital Project.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue stated the Township should have privatized garbage removal to save money. The Township needed to “tighten their belt” and watch where the waste is going. Mr. Tsotsoros stated the Township spends far too much money.

Mr. Tsotsoros asked the Chief Financial Officer what the amount was of the Township’s funds. The Chief Financial Officer stated as of December 31, 2004 approximately $31,000,000.00.

Ms. Deirdre Drake of 26 Turners Lake Drive stated she was happy to hear that Council would not be pulling the SRO Officer at this time. Ms. Drake stated Council never should have considered pulling the SRO Officer prior to getting input from the Superintendent of Schools. Ms. Drake encouraged Council to gather the facts about the SRO Officer prior to any further discussion of cutting this position.

Ms. Drake was concerned over the cut to the School Budget with regards to the telephone system. Ms. Drake stated it is very concerning to parents who work full time and can not get through to the school, or their children. Ms. Drake stated at one point there was an easel erected outside one of the elementary schools stating the phone and computer lines were down sometimes for about three days. Richter stated this problem has been ongoing for three years, and the school needed to get things straight with Verizon. Richter also

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May 12, 2005
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stated there is another phone in the school system that does work for emergency purposes. Ms. Drake stated none of the parents have the phone number for that phone.

Mr. Allan Kidd of 111 Miller Road stated with regard to the Budget Tax Hike: This is no laughing matter. Mr. Kidd stated that it appears the Budget was introduced prematurely by DiGiulio, because of disgruntled Township Employees that were present at that
meeting. Mr. Kidd stated the atmosphere of the recent Budget discussions is that of a “Circus.”

Mr. Kidd stated, with regard to the SRO Officer, that Alderisio is a substitute teacher and he could take over the position of the SRO Officer at the rate of a substitute teacher and save money for the Township. Mr. Kidd cited New Jersey statute 40A: 922.01 and stated Alderisio is in violation of this, and has a conflict of interest with regard to the PBA and the Budget. Mr. Kidd stated other Councilmember’s have recused themselves on issues they have had a conflict with, and Alderisio should do the same. Mr. Kidd stated, according to the Township Attorney, that it is up to the individual Councilmember to decide when to recuse on an issue. Mr. Kidd stated the Township needed to employ a functioning Ethics System to avoid problems such as this in the future.

Mr. Christopher Cox of 9 Sargent Court stated his Mother received her Social Security increase this year: $3.00. Mr. Cox stated many Mahwah Residents live on fixed incomes and many of Mr. Cox’s personal family have to work more then one job in order to afford living in the Township.

Mr. Cox mentioned the roof and ventilation problem at the Police Department and that it does need to be fixed; however, there is no need for the Township to incur the costs of a huge Police Addition Project.

Mr. Cox stated the Township is a pretty quiet town according to statistics, and it might be a good idea, and a way to save funds, by hiring security officers rather then more police officers in the future.

Ms. Virginia Slocum of 17 Babcock Road stated she was an accountant by trade and asked what the salary would for each of the three officers that are retiring. Richter stated approximately $110,000.00. Ms. Slocum asked what the wage of the incoming officers would be. Richter stated approximately $32,500.00 – no benefits. Ms. Slocum asked how much the benefits would be. Richter stated she did not know at this time.

Ms. Slocum questioned the need for 56 Police Officers, and stated all businesses and corporations are experiencing financial cut backs and the Township should be no different. The Township needs to cut taxes.

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May 12, 2005
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Mr. Albert Kidd of 851 Darlington Avenue stated the addition to the Company One Firehouse was a waste of money, and it could have been utilized for important things such as the repair of the roof at the Police Department. Mr. Kidd demanded Council to take care of the tax payers.

Mr. Kidd suggested the Township to cut back on contractual agreements as most businesses are doing in the United States.

Mr. Kidd raised great concern over the $200.00 a month the Township is collecting for rent on the Township property on East Ramapo Avenue. Mr. Kidd stated this is outrageous, and the rentals in the area demand far more then this amount. Mr. Kidd asked for the Township Attorney to look into the legal aspects of the rental agreement with regard to the Township property. Mr. Kidd stated the Township needed to employ a functioning Ethical Ordinance to avoid problems such as this in the future.

Mr. Nagy Miliko of 158 W. Crescent Avenue stated he was confused with the process of the Budget. Mr. Miliko stated the Taxes are good, but a little high. He would like to see more income brought into the Township. Mr. Miliko suggested Council get together informally to discuss the Budget, and give it one more, relaxed try.

Ms. Angela Clarkin of 133 Rutherford Road asked if the Police Department and Department of Public Works positions were removed by attrition, what would the new Tax Rate be. Richter stated, at this point, the Police Officer’s positions would remain and only the Department of Public Works positions would be removed by attrition. Richter said the Tax Rate would be around 24% and the total raise of the Township would be about 7.9% with the School Budget and the removal of the Department of Public Works positions. Ms. Clarkin said the Township was going to experience a tax hike anyway, and it would be best to keep the Department of Public Works employees on staff for the services.

Mr. Charles Kaplan of 125 East Slope Road asked if the Township received all they wanted, what would the Tax Rate be including the School Budget? Richter stated this hearing was on the Municipal Budget only.

Mr. Timothy Slade of 1068 Ramapo Valley Road declared “the Emperor, Mayor Martel, has no clothes – and his Puppet Emperors have no clothes either, and from where I sit, at Martel’s Palace - it is not a pretty sight.” The Mayor concurred.

Mr. Slade commented further, stated the tax increase of 24% coupled with Council’s proposed Budget Cuts is oxymoronic. Mr. Slade voiced his displeasure, and cast insults at the Mayor, Kelly and Alderisio. Richter asked Mr. Slade to stick to the Budget. Mr. Slade suggested for Council to remove Chief Batelli from office in order to save money.
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May 12, 2005
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Mr. Joseph Horn of 164 Dickinson Lane stated he sincerely appreciated the time and effort Council put forth to address the Budget. Mr. Horn took exception to certain comments that were made by the Finance Committee in several newspapers. Richter
reminded Mr. Horn to stick to the Budget. Mr. Horn stated this was concerning the Budget.

Mr. Horn said the Finance Committee indicated, in a recent Letter to the Editor, issues they delineated were spearheaded by Chief Batelli –Mr. Horn stated that was incorrect, and it was spearheaded by the union, himself being the Vice President. Mr. Horn accused the Finance Committee of misplaced comments and half-truths in their article, and these comments and half-truths were endemic of the position that the Finance Committee Members are taking. Mr. Horn accused the Finance Committee of placating to certain members of the public that come to the meetings, particularly the Seniors.

Mr. Horn accused the Finance Committee of not stating, in the Letter to the Editor, that under the Finance Committee’s Proposal the step increases, and pay increases, with regards to the Police Officer’s are contractual. He further stated they were voted on and approved by the Finance Committee as well, and the Mayor and Council approved the Police Contract.

Mr. Horn stated the programs that the Finance Committee is seeking to cut took decades to build. Mr. Horn indicated that under the Finance Committee’s initial proposal the savings to the actual tax payer in the Township, for cutting 8 police officers, would be approximately $75.00, and, now that the Finance Committee has come up with an alternative budget the savings is even less than half of that. Mr. Horn did not think to keep three additional Police Officers, for roughly a $35.00 savings a year, was too much to ask.

Mr. Horn invited the Mayor and Council and the public to come to the DARE Graduation Ceremony. He further stated the Township Police Department is in the top 1% in the State of New Jersey as they are nationally recognized and an accredited agency, and the Township Police Department is donating 1.2 Million Dollars to the renovation of the Police Department.

Mr. Horn stated the Township Police write tickets and make arrests and that generates income to the Township. Mr. Horn stated the Finance Committee is lending themselves to divisiveness amongst the Fire and Police Department Employees. Mr. Horn suggested figuring out the budget so the Township could get back to business.

Richter said she would not address Mr. Horn, due to time constraints; however, according to Richter, there were many errors in his statements.

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May 12, 2005
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Mr. Christopher Cox of 9 Sargent Court suggested for the Township to purchase hybrid cars in order to save money.

Mr. Albert Kidd of 851 Darlington Avenue discussed the step and grade process with regard to Police Officer’s Salaries with Council.

Mr. Lou Guarneri of 128 Mac Leish Court asked who pays for the School Elections. Richter stated it comes out of the School Budget. Mr. Guarneri cautioned Council to watch over the management of the Township funds.

On a motion by Kelly, seconded by Roth, the meeting was closed to the public at 10:41PM on Amendments 1 and 2 to the 2005 Municipal Budget. All in favor. Motion carried.

Alderisio gave a brief outline to the public on what Council would be voting on with regards to the adoption of the Amended Municipal Budget 1 & 2.

On a motion by Alderisio, seconded by Kelly, a vote was taken for the adoption of the Amended Municipal Budget Amendments 1 & 2. Roll Call Vote: Alderisio, yes; Calandrillo, absent; DiGiulio, no; Kelly, yes; Paton, no; Roth, no; Richter, no. Motion failed.

Roth suggested a separate meeting to work on a new Budget. Richter stated there will be a Special Budget Meeting scheduled for Friday, May 20, 2005 at 7PM. The Clerk shall advertise this meeting.

The Business Administrator stated he needed to meet next week with the Chief Financial Officer concerning the Temporary Budget. Richter said it will go on the agenda for discussion next Thursday.

Richter called for a break at 11:00PM.

Richter reconvened the meeting at 11:10PM. Roll Call: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

On a motion by Kelly, seconded by Roth, the Public Hearing and Adoption of Ordinance 1514 was carried to the June 2, 2005 Public/ Work Session Meeting. All in favor. Motion carried.

ORDINANCE – INTRODUCTIONS
The title of an Ordinance was read as follows:

Public Meeting Minutes
May 12, 2005
Page 15

AN ORDINANCE TO AMEND SCHEDULE I OF CHAPTER VII OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MAHWAH REGARDING LIMITING THE USE OF STREETS TO CERTAIN CLASS OF VEHICLES

RESOLUTION – ORDINANCE NO. 1516

Introduced by DiGiulio; second by Roth

RESOLVED that the ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said ordinance be considered for final passage at a meeting to be held June 2, 2005 at the Municipal Offices 475 Corporate Drive, Mahwah, New Jersey at 8PM.

FURTHER RESOLVED that the Clerk publish said ordinance with notice of introduction, passage, and time and place where said ordinance will be considered for final passage.

Roll Call Vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

***

The title of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING ACQUISITION OF DRAINAGE EASEMENTS ON BLOCK 96, LOTS 21 AND 22 LOCATED ON 155 AIRMOUNT ROAD AND ON BLOCK 96, LOTS 23, 24 AND 25, LOCATED ON 85 MALCOLM ROAD


RESOLUTION – ORDINANCE NO. 1515

Introduced by Alderisio; second by Kelly

RESOLVED that the ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said ordinance be considered for final passage at a meeting to be held June 2, 2005 at the Municipal Offices 475 Corporate Drive, Mahwah, New Jersey at 8PM.


Public Meeting Minutes
May 12, 2005
Page 16

FURTHER RESOLVED that the Clerk publish said ordinance with notice of introduction, passage, and time and place where said ordinance will be considered for final passage.

Roll Call Vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

PUBLIC PORTION
On a motion by Kelly, seconded by Paton, the meeting was open to the public at 11:10PM. All in favor. Motion carried.

Mrs. Karen Stowes of 85 Malcolm Road thanked Council for their time, and the passing of Ordinance #1515.

Mr. David McCarthy of 25 Babcock Road asked Richter to explain the process of Ordinance Introduction. Richter explained the process to Mr. McCarthy.

On a motion by DiGiulio, seconded by Paton, the meeting was closed to the public at 11:12PM. All in favor. Motion carried.

CONSENT AGENDA
Resolutions #113-05 and #124-05 were removed from the Agenda.

Resolutions #114-05 through #123-05, #125-05, and the Raffle Application for the Mahwah Elks Lodge #1941 (Calendar Raffle) were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

RESOLUTIONS
Resolution #126-05 and the Raffle Application for the Woman’s Club (Off Premise) of Mahwah were removed from the Consent Agenda and voted on individually. Resolution is attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS AND COMMUNICATIONS
Roth made a request for Paton, and two additional committee members, to attend a conference at the New Jersey Access Group for the Communication Committee. Roth asked for the Communications Sub-Committee to pay the admission costs for this conference which is $40.00 per person for 2 days in Edison, New Jersey. Travel costs are being paid for by Paton, and the two additional committee members.

The Business Administrator stated he would make sure $120.00 was available in the Temporary Budget for this.

Public Meeting Minutes
May 12, 2005
Page 17

Kelly stated there is a new opportunity to work on the Budget cut’s together, which he sincerely believed all Councilmembers wanted to see happen. Kelly stated he is not discouraged over this evening, and he encouraged Council, rather then to view this evening as a defeat, to work together and pass a Budget promptly.

DiGiulio stated the next Beautification Committee Meeting is scheduled for June 6, 2005 at the Municipal Building at 7:30PM. This meeting will be regarding the Miller Road Intersection which will be presented by the Township Engineer.

Richter reminded Council there is a Phase 5 Sewer Meeting scheduled for May 18, 2005 at 8PM in the Senior Center. Richter also stated there would be no Public Meeting on May 26, 2005 due to the Memorial Day Holiday.

Roth stated the Communications Committee held a meeting last Friday and the plan discussed is still being reviewed. There will be a forthcoming report that will be distributed to Council.

PUBLIC PORTION
On a motion by Kelly, seconded by Roth, the meeting was open to the public at 11:22PM. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road stated this meeting was a circus.

Mr. Kidd stated Calandrillo was missing from several meetings lately, and he felt this was unacceptable for a Councilmember. Mr. Kidd also felt the time it took for Council to schedule a time for all Councilmembers to meet together to discuss the Budget was unacceptable.

Mr. Kidd mentioned Mr. Horn’s statement that the Township Police write tickets and make arrests and that generates income to the Township should be looked into, as Mr. Kidd has heard of many alleged “illegal pull-overs” by Police Officers in the Township during evening hours. Mr. Kidd also took umbrage to Chief Batelli’s comment at a past Council Meeting that the seized funds are “theirs” and not the Township’s.

Mr. Kidd asked DiGiulio when the blue recycling cans would be ready for the Township Residents; he cautioned, according to the International Property Maintenance Code, that these recycling cans may be illegal. DiGiulio stated they are not illegal, and she is working on getting the recycling cans ready for distribution.

On a motion by DiGiulio, seconded by Kelly, the meeting was closed to the public at 11:25PM. All in favor. Motion carried.

Public Meeting Minutes
May 12, 2005
Page 18

On a motion by Alderisio, seconded by Paton, the meeting was adjourned at 11:26PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr







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