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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, DECEMBER 8, 2005

The meeting was called to order at 8:00PM by Council President Kelly who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 29, 2005 stating this meeting would be held in the Council Chambers at the Township Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM on Thursday, December 8, 2005.

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, and Roth.
Absent: Councilmember Richter

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Attorney’s Associate Nilufer DeScherer, Deputy Municipal Clerk Janis Fox and Municipal Clerk Kathrine Coletta.


SPECIAL PRESENTATIONS
Mahwah Pride Award
Co-Chair Calandrillo announced the Mahwah Pride Award will be given to Mr. Darryl Secor of Secor Farms. Co-Chair Calandrillo read the plaque. Mr. Secor shall be invited to attend another Council Meeting where he shall be presented with the plaque.

Annual Historic Awards
Mrs. MJ Drago and Mrs. Barbara Shanley of the Historic Preservation Commission presented the Awards to Mr. and Mrs. Karl Kern and Mr. Allan Laptaka for historic restoration and reconstruction work complete on both of the properties.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Paton, the Bills and Claims, previously signed, totaling $4,564,294.87, were approved. All in favor. Motion carried. A List of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES
On a motion by Calandrillo, seconded by Paton, the Work Session Meeting Minutes of November 3, 2005; Special Meeting Minutes of November 9, 2005; Public Meeting Minutes of November 10, 2005; Closed Session Meeting Minutes of November 3, 2005 and Closed Session Meeting Minutes of November 10, 2005 were approved. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, absent; Paton, yes; Richter, absent; Roth, yes; Kelly, yes. Motion carried.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
Alderisio attended the Senior Citizens Advisory Board Meeting. A discussion was held over the Tree Lighting being called a Holiday Tree and not a Christmas Tree.



Alderisio also noted a question was asked about the seniors receiving a discount from Cablevision. Paton explained the Basic and Family Packages are eligible. The resident must go to the Cable Office on Franklin Turnpike.

Paton reported cable negotiations are continuing. It is expected an Ordinance shall be forwarded to Council in mid-January.

Paton attended the League Seminar on web sites. At the seminar the do’s and don’ts of web sites were covered.

Paton attended the League of Municipalities Convention. He attended several seminars while at the League.

Paton attended the Board of Education Meeting. A Special Presentation was made on the updating of the High School Football Field. The Plan is to resurface the track. The Board of Education would like to install artifical turf. The presentation was merely an information session. Subject will be discussed further next Wednesday.

Roth questioned if the Board of Education intends to make a presentation to the Township Council on their plans. Paton answered he did not receive that impression.

Roth reported he received a telephone call from a resident last evening on the Airmont Diversion. He was told the Hearing would be on Monday, December 12, 2005 in Trenton. He was also informed another Resident has made an objection to the Application. Roth is unhappy about the lack of communication to the Council. The Business Administrator and Township Attorney explained the events that occurred.

It is planned the Mayor, Business Administrator, Township Attorney and Council President shall attend the Meeting on December 12, 2005 in Trenton.

Paton questioned the Township’s Game Plan. He suggested perhaps one person speak and the other be present for support. Kelly agreed.

Kelly attended the December 4, 2005 Ceremony in Suffern on Pearl Harbor. He pointed out Mr. Joe Dorman, a resident of the Township, is a Pearl Harbor Survivor. Mr. Dorman was instrumental in having the ceremony in this area.

Kelly attended the Tree Lighting. He has observed an increase in the number of residents who attend each year.

Kelly pointed out in the audience is Mrs. Diane Homler of Boy Scout Troop #258 with Christian Petric, Connor Petric and Nicholas Homler. The Scouts are working on their Merit Citizenship Award.

Calandrillo questioned if there are any Meeting Minutes of the Planning Board or Recreation Commission appointing the individual who made the complaint on the Green Acres Application to be a speaker on behalf of these Committees. Administration shall check.



DiGiulio attended the Senior Club Luncheon today. The Senior Citizens Coordinator mentioned during the winter months there are seniors who could use help in shoveling their walks, driveways, etc. Anyone interested in helping out was asked to contact the Senior Citizens Coordinator.

DiGiulio reported the Beautification Committee is looking to install signs coming into the Township to say “Keep Mahwah Green and Clean”. April or May of next year will be designated as Clean Up Month.

TOWNSHIP COUNCIL: COMMENTS, COMMUNICATIONS and REPORTS OF SUBCOMMITTEES
See above.

REPORTS OF MAYOR and BUSINESS ADMINISTRATOR
None.

PUBLIC PORTION
On a motion by Calandrillo, seconded by DiGiulio, the meeting was opened to the public at 8:53PM. All in favor. Motion carried.

Mrs. Ellen Stein of 68 Fisher Road understood the individual who made the complaint on the Green Acres Application spoke for himself but gave the perception he was from a committee. If she misinterpreted this, she asked to be told before the hearing on Monday, December 12, 2005.

Mr. Albert Kidd of 851 Darlington Avenue referred to photographs which he presented at the last Council Meeting. The Business Administrator pointed out one of the buildings in the photographs was demolished. Mr. Kidd responded the photographs were taken 2 years ago. Mr. Kidd presented to the Council President three additional photographs which the Council President gave to the Municipal Clerk.

Mr. Gerry Tracey of Reich Avenue has 3 children which live in the Township. He asked Council to look into doing something to the Township fields.

On a motion by Roth, seconded by Calandrillo, the meeting was closed to the public at 9:02PM. All in favor. Motion carried.

ORDINANCES – PUBLIC HEARINGS
The title of An Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 24 OF THE TOWNSHIP MUNICIPAL CODE ENTITLED “ZONING” TO PERMIT THE OUTDOOR DISPLAY AND/OR SALES OF PRODUCTS BY RETAIL BUSINESS ESTABLISHMENTS.

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

Mr. Albert Kidd of 851 Darlington Avenue is happy to see the Ordinance being adopted after 2 ½ years. Mr. Kidd presented two photographs of the A&P Store. Kelly asked Mr. Kidd to identify the location and when the photograph was taken for the benefit of those looking at the

photograph. Mr. Kidd feels a fee should not be charged for the permit.

Mr. Bill LaForet of Mahwah Sunoco, 197 Franklin Turnpike spoke about the fees for vending machines. Mr. LaForet urged Council to reconsider adopting the Ordinance and he offered to work with the Council.

Kelly asked for the Township Attorney to comment. The Township Attorney’s Associate explained a fee is not charged for the vending machines. The Ordinance is to clarify the allowing of Outside Sales. This Ordinance has been forwarded to the Planning Board for comments. Mr. LaForest asked Council to review the square footage proposed in the Ordinance. The Township Attorney’s Associate deemed if the square footage was changed this evening, she would not deem this as sufficient and Council would be able to vote on the Ordinance this evening.

Kelly suggested once the Ordinance is adopted, consideration be given to amend the Ordinance to include gas station islands.

On a motion by Roth, seconded by Calandrillo, the meeting was closed to the public at 9:14PM. All in favor. Motion carried.

Alderisio feels there should be a limit on the number of vending machines.

DiGiulio stated she is against this Ordinance.

Roth feels there should be a cap on the number of vending machines allowed. He suggested three.

On a motion by Paton, seconded by Alderisio, the following Resolution was amended to exclude licensed vending machines and change Section III, Subparagraph (f)(9) from 40 square foot to 60 square foot and therefore, the Resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1527

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

Roll call vote: Alderisio, yes; Calandrillo, no; DiGiulio, no; Paton, yes; Richter, absent; Roth, yes; Kelly, yes.

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 2 OF THE TOWNSHIP MUNICIPAL CODE ENTITLED “ADMINISTRATION” TO INCREASE THE RATE OF COMPENSATION FOR CERTAIN WORK BY OFF-DUTY POLICE OFFICERS.

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

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


On a motion by Calandrillo, seconded by Roth, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1528

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

Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, absent; Roth, no; Kelly, absent.

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE TO ADD CHAPTER 29 ENTITLED “STORMWATER CONTROL” TO THE TOWNSHIP CODE.

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

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

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

RESOLUTION – ORDINANCE NO. 1529

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

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

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE TO AMEND SCHEDULE XIII OF CHAPTER VII OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MAHWAH REGARDING BUS STOPS.

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

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

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

RESOLUTION – ORDINANCE NO. 1530



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

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

CONSENT AGENDA
Resolutions #137-05A, #138-05A and #141-05A were removed from the Consent Agenda and voted upon separately. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #132-05A through #136-05A, #139-05A and #140-05A were voted upon under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

RESOLUTION
Resolutions #142-05A was voted upon separately and is attached to and made part of these Meeting Minutes.

On a motion by Calandrillo, seconded by Paton, the meeting was adjourned at 9:37PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk




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