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TOWNSHIP OF MAHWAH
COMBINED WORK SESSION
AND PUBLIC MEETING MINUTES
THURSDAY, JULY 28, 2005

The meeting was called to order at 8:04PM by Council President Kelly who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on June 29, 2005 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, July 28, 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 Alderisio, Calandrillo, DiGiulio, Kelly, Paton, Richter and Roth.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Meneloas Toskos, Township Attorney’s Associate Craig Bossong, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Justin Mahon, Township Utility Engineer’s Associate Gerry Spiesbach and Municipal Clerk Kathrine G. Coletta.


REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
Paton stated he attended the graduation of the Junior Police Academy.

Richter stated she attended a Planning Board meeting where she and others were installed for the New Year. She stated that it was discussed that the Inter Local Committee will meet with the Borough of Ramsey soon.

Alderisio clarified he was invited to the graduation of the Junior Police Academy as the Former Police Chief, not a Councilmember.

The Mayor attended the graduation of the Junior Police Academy as well, and he stated it was a wonderful ceremony.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR
The Business Administrator stated he attended a meeting with the Emergency Services Personnel, representatives of the County of Bergen, and the Ramapo Hunt and Polo Club Trustees last Wednesday. The Business Administrator felt progress has been made, and he felt there was a good chance for the Township to work with the Ramapo Hunt and Polo Club for Emergency Access during the time that the bridge is in repair.

The Business Administrator stated there was a windstorm last night that caused the electricity to go out in many areas of the Township. Orange and Rockland Electric have stated that all services should be operational by Saturday.

TOWNSHIP COUNCIL: COMMENTS, COMMUNICATIONS and REPORTS OF SUBCOMMITTEES
Work Session and Public Meeting Minutes
July 28, 2005
Page 2

Calandrillo mentioned that service was restored on Ridge Road today. Calandrillo mentioned that there were many large branches still in the road that needed to be removed. The Business Administrator stated he was unaware of this, but he would look into it. The Mayor believed there were power lines involved in a few of these situations and the Township was waiting for Orange and Rockland Electric to address the wire problems first.

Paton stated there is a lack of communication with regards to new police officer hire. Paton asked for a copy of future press releases, so Council will know when a new officer is hired.

Paton stated with regards to Cable Installations in the Township that a Resolution may be needed to request the State Officials understand the need for local control in the area of Cable Installations. Paton stated he will provide a Resolution at the next meeting for Council’s consideration.

Paton stated there is miscommunication going on with regard to the field usage in the Township. It came to Paton’s attention that a children’s sports group was recently kicked off a Township Field by an Industrial League. Paton also stated a local woman’s group was forced off the fields. Paton stated the Township Children’s Sports Events and Women’s Groups should take first priority when designating the use and schedule of the Township Fields.

Paton felt there should be an Independent Group formed to take stock and provide a Report of the Township Fields and requirements needed to keep these fields in optimum shape for use. The Mayor stated with Councilman Paton’s comments about the women and children being kicked off the field on Sunday that in both cases the adult teams in question were assigned to the fields and the matter was taken care of properly due to the fact that they had the assignment of the field.

Paton stated he was happy to see that the Playground Equipment was installed at the Stag Hill Playground; however, safety precautions such as wood chip installation needed to be completed before the children can use it.

Paton informed the Mayor with regards to the field incidents his concern was for teams playing on a Tuesday evening, not on Sunday.

PUBLIC PORTION
On a motion by Roth, seconded by Alderisio, the meeting was opened to the public at 8:22PM. All in favor. Motion carried.

Ms. Gloria Edlin of 49 Nilsen Avenue mentioned Nilsen Avenue and the Phase Five Sewer Project. Ms. Edlin does not feel it is fair for Nilsen Avenue to be included in this Sewer Phase. She asked to have this corrected by Resolution.



Work Session and Public Meeting Minutes
July 28, 2005
Page 3

Mr. Ken DeFerrari of 69 Maysenger Road mentioned Veteran’s Park in the center of the Township. Mr. DeFerrari stated the busses should not be brought down to the Veteran’s Park, and it would cause problems.

Mr. Jim Joe Wysocki of 24 Wanamaker Avenue came on behalf of the residents on Wanamaker Avenue and Gardner Street with regards to the Raia Property - Proposed Salt Shed on Micik Lane. The residents have Environmental Concerns they would like for the Council to address, to include concrete dust, before proceeding with the Salt Shed.

Mr. Albert Kidd of 851 Darlington Avenue mentioned an article in the Suburban News concerning the cancellation of the Volunteer Picnic due to Budgetary Concerns. Mr. Kidd stated the Township’s wasteful spending should be curbed in order to be able to hold important events such as the Township Volunteer Picnic.

Mr. Kidd mentioned the $200.00 rental fee for the Township Property on East Ramapo Avenue as being ridiculously low, and asked if the Township Attorney had made any headway with the releasing process in regards to this property. Kelly stated the Township Attorney is working on this.

Mr. Kidd asked about the Outdoor Sales Ordinance. Kelly stated this is on the Agenda for discussion tonight.

Mr. Kidd asked how much it costs per day to run the Township Library. Kelly stated he was not sure. Mr. Kidd stated the programs that are being run in the Library, such as “Toilet Training for Children” should be cut due to Budgetary Constraints.

Mr. Allan Kidd of 111 Miller Road stated “Toilet Training for Children” as a program being offered by the Township Library was ludicrous.

Mr. Kidd stated many Residents are very upset over the Tax Hike. Mr. Kidd stated Alderisio should have stood by his campaign promise of lowering taxes.

Mr. Kidd asked the Business Administrator how much the Tax Hike would be next year. Kelly stated he could not address this question at this time. Mr. Kidd asked why this was not an appropriate question. Kelly stated the Budget Process will begin in October.

Mrs. Peg Thornton of 16 Bergen Place inquired about the R-5 Zoning and Richter had directed her previously to the Planning Board and the Board of Adjustment. Ms. Thornton stated the Planning Board stated the Council is the appropriate place for Zoning Change Approvals. Ms. Thornton asked Council to look into the R-5 Zone and to have an Ordinance drawn up to address the “McMansion” problems in the area.

Mrs. Steinbach of 8 Wanamaker Avenue was concerned over the Proposed Salt Shed and the Department of Public Works being moved to the Raia Property Site.

Ms. Stacy Sandler of 328 Franklin Turnpike also voiced her concern over the Proposed Salt Shed and the Department of Public Works being moved to the Raia Property Site.
Work Session and Public Meeting Minutes
July 28, 2005
Page 4

On a motion by Roth, seconded by Alderisio, the meeting was closed to the public at 8:45PM. All in favor. Motion carried.

WORK SESSION
SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on the Bills and Claims was asked to contact Administration prior to the Public Meeting.

TOWNSHIP ENGINEER
1a. Wyckoff Avenue and Forest Road Intersection Improvements; Project Update
The Township Engineer reported the single cell culvert is completed. The modular Bin Wall on the north-west corner of the intersection has been started. The retaining wall of the house is being worked on. The project is on scheduled and on budget.

Calandrillo asked the anticipated completion date. The Township Engineer answered the project is ahead of schedule with the detour. The street is scheduled to be open sometime in September. The Township Engineer shall get a specific date for Council.

1b. Franklin Turnpike and Miller Road Intersection Improvements; Review of Intersection Improvement Plan
The Township Engineer gave a brief overview and explained maps that were provided concerning the Intersection Improvement Plan for the Franklin Turnpike and Miller Road Intersection.

Alderisio inquired about the Proposed Curb Line on the South Side of Veteran’s Park, and mentioned that there is a Drain Culvert that has taken a number of tires out and wanted to know if there were plans to reconfigure this drain. The Township Engineer stated this is being taken under consideration along with a number of other drainage issues.

Roth stated the Bus Stop would be better off on Franklin Turnpike.

Paton asked what the entire cost of this project would be. The Township Engineer stated this was a County Sponsored Project and would be paid for by the County. Any extra improvements would be the responsibility of the Township.

DiGiulio thanked the Township Engineer on behalf of the Beautification Committee for all his time and efforts on this project.

The Business Administrator asked where the Township goes from here. The Township Engineer stated the County will advise the Township of the next steps that need to be
taken, and any costs the Township would incur from extra work that is needed to coincide with this project such as the Design Engineering Costs and necessary Easements.

1c. 2005 Road Improvement Program; Authorization of Engineering Services
The Township Engineer stated Ridge Road has been merged with Stag Hill Road and MacArthur Boulevard which adds up to an approximate total of $382,000.00. The
Work Session and Public Meeting Minutes
July 28, 2005
Page 5

Township Engineer is recommending a proposal to do the Design and Inspection work for this Project.

Paton asked about possible funding for Road Work in the East Crescent Avenue area by the Water Main that was installed. Kelly asked Administration to comment on this. The Business Administrator stated the last time this was discussed there was money retained from a Water Project and he asked the Township Engineer to review the possibility of utilizing these retained funds for Road Work in the East Crescent Avenue area.

1d. Assignment of Developer’s Agreement; Brandywine Homes LLC to Mahwah/Greenway LLC
Roth questioned if the money was posted by the new company. The Business Administrator answered yes.

Paton questioned the removal of Lot 95. The Township Engineer’s Associate answered it was his understanding that Lot 95 was removed. The Township Engineer shall verify and inform Council.

Item carried.

1e. Verbal Status Report
The Township Engineer’s Associate stated he was at Willowbank Court today with the Bergen County Mosquito Commission and began to mark out the areas to be removed.

The Township Engineer’s Associate felt that it would be helpful for the Bergen County Mosquito Commission, the Township Engineer, and the Residents of Willowbank Court to meet and review exactly what vegetation will be removed by the stream.

Kelly stated Council is very anxious to see this project move ahead.

The Township Engineer’s Associate stated with regard to the Corporate Drive and Route 17 Intersection that the Department of Transportation Representative stated they would consider a partnership with the Township. They further stated if the Township would obtain the easements the Department of Transportation would fund the construction portion of the job.

The Township Engineer’s Associate stated he would be willing to coordinate with Administration and draft a letter to the Department of Transportation stating the Township is interested in this partnership.

Kelly asked for a Straw Poll Vote on proceeding to draft a letter to the Department of Transportation stating the Township is interested in this partnership. Straw Poll Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, absent; Roth, yes; Kelly, yes. Motion carried.

UTILITY ENGINEER
2a. Engineering Escrow Dispute; Liberty Hyundai
Work Session and Public Meeting Minutes
July 28, 2005
Page 6

Item removed from this Agenda.

2b. Thunderhead Water Pressure; Update
The Township Utility Engineer’s Associate, Mr. Gerry Spiesbach stated he is in the midst of investigating the pressure readings in this area. Mr. Spiesbach explained the process concerning these pressure tests taken between 6AM-9AM to Council. Mr. Spiesbach stated it was observed that there was a correlation in the pressure drop between Thunderhead and higher elevations such as Orchard and Nilsen.

Mr. Spiesbach stated this suggests there is not necessarily a flow restriction in the Water Main localized in the Thunderhead Area. Mr. Spiesbach stated Sprinkler Systems were not considered, and they needed to go back and simulate the pressure demands of the sprinklers in the area for further testing data. The opening of a Fire Hydrant in the area will simulate this, and the residents will be notified when this test is done.

Roth commented on the preliminary testing and asked if there is no restriction or constriction of the line – where does the Township go from there. Roth suggested this may be a valve related problem.

The Township Utility Engineer’s Associate, Mr. Gerry Spiesbach stated there may be a misconception of what Low Water Pressure actually is. He did not feel the Water Pressure in the Thunderhead area was necessarily low. Roth stated measurements were taken and the Water Pressure of some Residents was below 30 pounds. Mr. Spiesbach stated they were still going through the investigative process.

The Simulation of Lawn Sprinkler Pressure Demands Testing is scheduled to take place within the next two weeks, and a week after the testing a Report would be given to Council with regards to this testing. The Business Administrator stated the commencement of this testing will be dependant on the weather conditions.

Paton stated many of the Residents in this area were complaining of Dirty Water Syndrome.

Paton asked to have the Water Meters in the homes of this area checked. Mr. Spiesbach stated typically Water Meters would not be the cause of a problem such as this, but it could be looked into further. The Township Utility Engineer stated the individual plumbing in each home could not be discounted at this point; however, they had not reached the point of investigating this yet.

Alderisio asked what the generally accepted pressure for a house. The Township Utility Engineer stated below 80 Pounds.

2c. 20 Inch Water Main; Update
The Township Utility Engineer stated there are a few Punch-List Items that are being worked on, and there have been discussions between the attorneys that seem to suggest an agreement to the Punch List Items.

Work Session and Public Meeting Minutes
July 28, 2005
Page 7

The Township Utility Engineer stated with regard to the valves that a number of the valves have been refurbished, and there have been some discussions with U.S. Pipe concerning the confidence issues the Township has with their product. The Township Utility Engineer suggested an Executive Session Discussion with regards to this.

Roth asked for movement on these issues and agreed with the Township Utility Engineers suggestion of an Executive Session Discussion. Kelly suggested August 11, 2005 as a date for this meeting. The Township Utility Engineer agreed.

Alderisio was concerned with the use of Non-Shear Pins in these valves when it was specified to have Shear Pins. The Township Utility Engineer stated this has been a topic of discussion with U.S. Pipe that he would elaborate on at the Executive Session Discussion at the meeting of August 11, 2005.

2d. Phase 5 Sewer Correspondence
The Business Administrator referred to correspondence given to him concerning the Phase 5 Sewer Project. The bulks of the properties on Peterson Place in the beginning of the road have changed their mind and do not want to be serviced in this project due to it being a Pressure Line Installation. The Business Administrator further stated there is a property towards the end of Peterson Place that now would like to be included in the Phase 5 Sewer Project.

Kelly stated this would have to be done by Amending the Bond Ordinance, and asked if Council wished to consider this as an option. Kelly stated in fairness, if this option was considered, the Residents of Nilsen Avenue and Wyckoff Avenue would also need to be part of this discussion. Richter concurred with Nilsen Avenue, but not Wyckoff Avenue.

Kelly felt that this issue should not continually be open and closed – and that Council needed to come to a firm decision on this project. Richter stated Council has voted on this already and can not continually be changing their minds on this.

Roth felt there has been extensive communication with the Residents and a vote was cast already. Roth felt the vote should stand, and areas should not be reconsidered because a precedent will be set and other Residents would ask for the same thing. Paton concurred.

Alderisio stated the biggest mistake that has been made is giving the residents a choice of yes or no in this matter. Alderisio was in favor of leaving Council’s vote where it stands currently.

2e. Verbal Progress Report
The Township Utility Engineer asked Council if they had any questions on the Verbal Report. There was no questions.

LEGAL
3a. Request for Right-of-Way Agreement; Datanet Communications ; Continuation of Discussion
Item removed from this Agenda.
Work Session and Public Meeting Minutes
July 28, 2005
Page 8

3b. Outdoor Sales Ordinance; Discussion
Ordinance shall be introduced at the August 11, 2005 Combined Work Session/Public Meeting.

3c. FEMA; Revision to Flood Insurance Ordinance
Ordinance shall be introduced at the August 11, 2005 Work Session/Public Meeting.

ADMINISTRATION
4a. Extension of Grace Period; Third Quarter Taxes
Resolution shall be voted on in the Public Meeting immediately following this Meeting.

4b. Cancel 2005 Tax on 100% Disabled Veteran
Resolution shall be voted on in the Public Meeting immediately following this Meeting.

TOWNSHIP COUNCIL
5a. Draft of Press Release; Communication Subcommittee
Roth gave a brief explanation of a Report with regards to Community Stations and Bulletin Boards and a Draft of Press Release the Communication Subcommittee submitted to Council for consideration. Roth stated one of the goals of this Sub Committee is to obtain Community Involvement, rather then employees to operate the Proposed Township Community Station and Bulletin Board.

Kelly questioned the process of utilizing volunteers for the Proposed Township Community Station and Bulletin Board prior to the approval of an Ordinance allowing this course of action to be taken. Kelly stated it was his understanding that the Township Attorney’s Associate wanted to hold this until she could discuss this further with Council. Roth stated it was his goal to involve the volunteers and other Committee Members in crafting a recommendation for a framework to manage this moving forward, after which, an Ordinance could be brought to fruition.

The Business Administrator stated there are other Townships that have an Ordinance that determine the structure of an organization such as this one will be. While this Ordinance will be needed prior to Broadcasting, the Business Administrator saw no problem in going ahead with what Roth wanted to accomplish this evening.

Alderisio suggested College Students from Ramapo College of New Jersey that are Communication Majors to be utilized as volunteers.

Roth stated this is already being taken under consideration.

A Straw Poll Vote was taken in support of the publishing of the Communication Subcommittee’s Press Release. Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, absent; Roth, yes; Kelly, yes. All in favor. Motion carried.

5b. Leaf Removal; Discussion (Richter)
Suggestion was made to include item in upcoming Newsletter.

Work Session and Public Meeting Minutes
July 28, 2005
Page 9

5c. Firefighter Applications
1. Jennifer Pagano to Fire Company #1
2. Robert R. Taub to Fire Company #4
Resolutions for both Firefighters shall be voted on in the Public Meeting immediately following this Meeting.

PUBLIC SESSION
APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Roth, the Bills and Claims, previously signed, totaling $4,336,706.18, were approved. All in favor. Motion carried. A list of Bills and Claims is on file in the Municipal Clerk’s Office.

ORDI NANCES – PUBLIC HEARINGS
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMEMNTS OF THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,746,000. THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,658,700. BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

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

Mr. Allan Kidd of 111 Miller Road discussed the Outdoor Sales Ordinance. The Township Attorney informed Mr. Kidd that he could only speak on Ordinance #1518. Mr. Kidd argued that Public Session was listed in the Agenda as a separate item. The Township Attorney explained to Mr. Kidd that this was not the case, and the Public Session Heading in this circumstance did not mean “Public Portion” where the Public is allowed to speak on any subject.

Mr. Albert Kidd of 851 Darlington Avenue made a brief comment concerning the spending and how the Township is not using restraint with regard to financial issues when passing Ordinances such as this one.

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

On a motion by Alderisio, seconded by Roth, the following Resolution was passed and adopted:

RESOLUTION - ORDINANCE NO. 1518

RESOLVED that the Ordinance be passed and adopted on second reading and the Municipal Clerk is authorized to advertise the Ordinance in full as having been finally adopted, as required by law.

Work Session and Public Meeting Minutes
July 28, 2005
Page 10

Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, yes; Roth, yes; Kelly, yes.

* * *
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR VARIOUS WATER CAPITAL IMPROVEMENTS OF THE TOWNSHIP OIF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $2,270,000. THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,156,500. BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

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

Being no comments were made from the public, on a motion by DiGiulio, seconded by Alderisio, the meeting was closed to the public. All in favor. Motion carried.

On a motion by Richter, seconded by Roth, the following Resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1519

RESOLVED that the Ordinance be passed and adopted on second reading and the Municipal Clerk is authorized to advertise the Ordinance in full as having been finally adopted, as required by law.

Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, yes; Roth, yes; Kelly, yes.

CONSENT AGENDA
Resolutions #041-05A through #043-05A were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

RESOLUTIONS
Resolutions #044-05A through #046-05A were voted on individually and are attached to and made part of these Meeting Minutes.

CLOSED SESSION
On a motion by Calandrillo, seconded by Richter, Council went into closed session for the purposes of discussing Real Estate - Contract Negotiations; Legal and Real Estate – Contract Negotiations; Administration. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Roth, Council returned to open session. All in favor. Motion carried.


Combination Work Session and Public Meeting Minutes
July 28, 2005
Page 11

On a motion by Calandrillo, seconded by Richter, the Meeting was adjourned at 11:16PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk
kgc & mcc



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