Township of Mahwah, NJ
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The meeting was called to order at 8:05PM 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 in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, March 3, 2005 at 8:00PM.

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 DiGiulio, Kelly, Paton, Richter and Roth
Absent: Councilmembers Alderisio and Callandrillo

Also present were the Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Menelaos W. Toskos, Township Engineer, Kevin Boswell, Township Engineer’s Associate Mike Kelly, Township Utility Engineer Justin Mahon, Township Utility Engineer’s Associate Jerry Spiesbach and Deputy Municipal Clerk, Mary C. Ross.

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

Mr. Allan Kidd of 111 Miller Road stated many residents he has spoken to are very irate about the proposed Tax Hike. Mr. Kidd disagreed with the Business Administrator’s comments in a local newspaper concerning the fact that the Township has not had a Tax Hike in years. Mr. Kidd stated the Township has had a veiled Tax Hike in the form of using funds that are acquired by new businesses and residents paying taxes in the Township.

Mr. Kidd commented on the various problems in Township Projects that were left unfinished. Mr. Kidd pointed out the tile that had been missing in the ceiling above the Council President’s head for months due to a leaking roof.

Mr. Kidd stated Council and Administration have spent the Township funds foolishly. Mr. Kidd stated Council should follow Roth’s lead and fight to cut taxes.

Mr. Kidd asked where the Ordinance was that mandated a Police Officer to be present at Council Meetings. The Township Attorney said Mr. Kidd must research the Ordinance Books himself in order to locate that information.

Mr. Carter Morris of 1051 Ash Drive voiced concern over possible “spot-zoning” with regard to the proposed rezoning and liquor license placement for the MacArthur Boulevard Property on the Agenda.

Mr. Michael McConville of 105 Airmount Road who is the President of the Society Hill Condominium Association stressed the safety issues of allowing the possible “spot-zoning” with
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March 3, 2005
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regard to the proposed rezoning and liquor license for the MacArthur Boulevard Property on the Agenda. Mr. McConville stated the increase of traffic would cause an increase of 300 vehicles a day.

On a motion by DiGiulio, seconded by Kelly, the meeting was closed to the public at 8:15PM. All in favor. Motion carried.

Any Councilmember with questions on the Bills and Claims was asked to contact Administration prior to the Public Meeting.

ENGINEERING (Boswell-McClave)
1a. Township’s Stormwater Management Plan; Review of Plan
The Township Engineer’s Associate gave a brief overview of the Township’s proposed Stormwater Management Plan.

Paton voiced concern over the waste in the Ramapo River, and he asked for the Township Engineer to add a statement of alert to reflect these problems. Richter concurred.

Kelly was concerned with the intent to discharge into the Ramapo River. Kelly stated the Ramapo Aquifer is dependant on the flow in the Ramapo River. It is Kelly’s belief that United Water may be “cheating” and artificially producing a “fake flow” in the Ramapo River in order to get water. Kelly wants this possibility monitored and a separate section addressing this referred to in the report. Richter concurred and stated neighboring Municipalities along the Ramapo River should be involved.

DiGiulio asked about the field by the river and if the Township was required to do anything about it by the Army Corp. of Engineers due to it being a Flood Area. The Township Engineer stated the Township’s obligation is absent of any improvement by the Army Corp. of Engineers.

DiGiulio asked if the Township would have to maintain the streams. The Township Engineer said yes.

Richter stated there will be a Special Meeting in the future with regard to this issue. Richter asked Council to submit questions they would like answers on for this meeting.

The Business Administrator said he would utilize the Township Website to educate the residents about the Stormwater Management Plan.

1b. 2004 Curb and Sidewalk Program; Authorization to Award Bid MTB-05-01
The Township Engineer stated there is $97,000.00 available for the 2004 Curb and Sidewalk Program and he recommended awarding the Bid MTB-05-01.

Paton requested a list of areas and streets that would be included in the Bid. The Township Engineer’s Associate gave Paton a brief verbal overview of the areas and streets involved. Paton
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March 3, 2005
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asked before this comes up for Resolution for Council to consider an extension of the sidewalk plan on Malcolm Road for the safety of the Township children. The Township Engineer’s Associate stated Council could vote on Alternate A and the Base Bid tonight, and subsequently do a Change Order for up to 20% for further additions to the bid. A Straw Poll Vote was taken on the Base Bid with Alternate “A” Option. Alderisio, absent; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. All in favor. Motion carried.

Resolution shall be prepared for the March 10, 2005 Public Meeting.

1c. Extension of Developer’s Agreement; Hindu Samaj Inc.
The Township Engineer stated Hindu Samaj Inc. needed to go to the Planning Board for recommendation on the extension and then bring this matter back before the Mayor and Council to grant the extension. The Mayor suggested putting this on for Resolution pending the approval of the Planning Board. Roth stated the extension should only be for 24 months with a further extension to be recommended by the Planning Board if necessary. Richter concurred.

Resolution shall be prepared for the March 10, 2005 Public Meeting.

1d. Proposal; Embankment Repair to Silver Creek Dam
The Township Engineer stated this was a proposal for an Inspection Report and a Dam Safety Compliance Schedule Report that had to be submitted in conjunction with the repair of the Silver Creek Dam.

Paton asked when this project would begin. The Township Engineer stated it could start in the beginning of the Summer of 2005. Paton asked how this project would be funded. The Business Administrator said as it stands the money would come from the General Engineering Fund for 2005 and the Department of Public Works. The Township Engineer stated he would include an Engineer’s Estimate for the project.

Roth asked how crucial this project was. The Township Engineer stated the Dam could break, which could cause some big problems.

The Business Administrator stated step one of this project would be a Study that would reveal all costs and who would be funding them.

1e. Written Status Report
The Township Engineer gave a brief update concerning the Wyckoff Avenue and Forest Road Project. The Township Engineer stated local newspapers, Police Departments, and School Systems have all been advised that the work on this project will begin on March 15, 2005. Detour instructions were posted in the newspaper articles and on the Township Web Site. The Township Engineer expects this phase of the project to last 3-4 months.

DiGiulio voiced concern of patrons being able to access the stores in the area. The Township Engineer stated access will be available to the stores at all times.

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DiGiulio stated she received a report from Mr. Drew Baumgardt concerning a meeting about canceling games due to the field still not draining properly. DiGiulio asked when this field would be repaired. The Township Engineer stated more clay is needed to be placed on the field in order to rectify this issue. The Township Engineer stated the original specifications for the job would entail the purchase of more materials and the surveying and grade stakes will be donated by the Township Engineer. The Business Administrator stated it would cost less then $10,000.00 to complete the job and work will commence within the next 30 days.

2a. Proposal; Nilsen Avenue Booster Station/Thunderhead Place Water Pressure
Pending additional investigation of the Thunderhead area; carried to March 17, 2005 Meeting.

2b. Progress Report
The Township Utility Engineer stated with regard to the 20-Inch Water Main, the materials are ordered, and they should arrive within two weeks.

Roth asked for a report on the valves. The Township Utility Engineer stated Valve Experts have been identified, and there will be a report forthcoming to include the opinion of the Valve Experts. The report will be available to Council at the next Work Session.

Richter asked for all paperwork to be given to Council prior to discussing this issue further.

Kelly asked if the Utility Engineer’s records, including pins and valves, were available for the experts to view. The Township Engineer stated there are photos, a few pins and a valve for them to study.

Paton asked if this should be discussed in Closed Session. The Township Attorney recommended doing this. Richter concurred.

The Township Utility Engineer stated that Mr. Jerry Spiesback, the Township Utility Engineer’s Associate, wanted to make it a matter of Public Record that at this time the Township would not be charged with regard to the on going work concerning the 20” Water Main Valve Problems.

3a. Stormwater Management Ordinances
Kelly asked for additional paperwork. The Township Attorney shall provide.

The Township Attorney shall discuss further with the Business Administrator.

3b. Bond Ordinance; Phase 5 Sewer Project
The Business Administrator stated the residents involved will be notified through the Municipal Clerk’s Office by Certified Mail of the Public Hearing, and he will check for revisions prior to Introduction.

Ordinance shall be introduced at the March 10, 2005 Public Meeting
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4a. Request to Vacate Portion of Right-of-Way; 87 Skytop Drive
Business Administrator to provide additional information.

4b. Ramapo Hunt and Polo Club; Street Lights

Resolution shall be prepared for the March 10, 2005 Public Meeting.

4c. Transfer of 2004 Appropriation Reserves

Resolution shall be prepared for the March 10, 2005 Public Meeting.

4d. Discussion; Ramapo College Wetlands Mitigation – Ramapo River Property
The Business Administrator updated Council on a plan to plant trees along the Ramapo River; however the plan must pass through the Department of Environmental Protection for approval first. The Business Administrator stated he would send a letter to Ramapo College stating they had Council’s permission to contact the Department of Environmental Protection for approval.

4e. State Contract Award #T-1466: Video Teleconferencing
Item carried.

4f. Emergency Temporary Appropriations
Resolution shall be voted on later in the meeting.

4g. 911 Interlocal Services
Business Administrator shall prepare Contract for Council’s review.

See Resolution #059-05 attached to and made part of these Meeting Minutes.

5a. Renewal Of Liquor License for 2004/2005 Term; Ferrari’s Inc.
The Township Attorney shall research and advise Council.

5b. Acknowledgement; Township Access Transportation Program (Richter)
Plaques shall be prepared for the first Public Meeting in April.

5c. Discussion on Issues; Rio Vista Board of Trustees
The Township Engineer’s Associate stated as for the lack of street lighting issues, the developer must do what they agreed upon – anything else is Rio Vista’s responsibility, not the Township’s. The Township Engineer’s Associate stated he will make sure all the issues are rectified prior to the release of any bonds.

DiGiulio asked if the lighting in question was purchased. The Township Engineer’s Associate stated from the documentation provided to him it appears as it has been purchased; however
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March 3, 2005
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Orange and Rockland has not installed all the fixtures yet. The Township Engineer’s Associate will follow up on the status of the lighting.

5d. Planning Board Recommendation; IP-120 Zone
Council discussed a recommendation from the Planning Board to reconsider a change in the IP-120 Zone. It was Council’s decision to have the Municipal Clerk send the Planning Board a letter stating Council’s decision stands and they would not consider a change in the IP-120 Zone.
On a motion by Kelly, seconded by Roth, Council went into Closed Session at 11:10PM for the purposes of discussing Land Acquisition; Contract Negotiations (Carried to March 17, 2005 Work Session Meeting); Tax Appeals and Monthly Litigation Report. All in favor. Motion carried.

On a motion by Roth, seconded by Paton, Council returned to open session at 11:40PM. All in favor. Motion carried.

On a motion by Paton, seconded by Roth, the meeting was adjourned at 11:41PM. All in favor. Motion carried.

Respectfully submitted,

Kathrine G. Coletta, RMC/CMC
Municipal Clerk

kgc & mcr

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