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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, APRIL 6, 2006

The meeting was called to order at 8:00PM by Council President Richter 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 Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, April 6, 2006 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 Martel, Business Administrator Brian Campion, Township Attorney Terry P. Bottinelli, Municipal Clerk Kathrine G. Coletta and Municipal Deputy Clerk Janis Fox.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Roth, the Bills and Claims, previously signed, totaling $5,225,319.08, were approved. Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, yes; Roth, yes; Kelly, yes. 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 Roth, the Closed Session Meeting Minutes of March 30, 2006 were approved. All in favor. Motion carried.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
Alderisio stated he attended the Clean Up at Continental Soldiers Field on Saturday, with Councilwoman DiGiulio. There were a lot of young people there and it was a great day.

DiGiulio thanked everyone for attending the Clean Up and stated 65 people attended. The next Clean Up will be May 13, 2006.

TOWNSHIP COUNCIL: COMMENTS, COMMUNICATIONS and REPORTS OF SUBCOMMITTEES
DiGiulio stated there were two Department of Public Works workers at the Clean Up that really helped out and stated she could not do this without their help.

Paton stated over the last few years he has been an advocate to get the intersection for Route 17 and Interstate 287 cleared. He had occasion to meet with Congressman’s Garrett’s staff and asked the status. Paton received a telephone call from Mr. Chris Russell, a representative of Congressman Garrett, and he indicated that he had checked with the DOT and they have no item of any concern relative to the Traffic Problems. He did indicate that the Congressman would be putting into the Transportation Appropriation, a request for monies to do a study between the

Public Meeting Minutes
April 6, 2006
Page 2

Federal Government and the State of New Jersey.

Paton stated he is concerned about the traffic problems created on Route 202 and Franklin Turnpike and asked Kelly if this could be an item on the next Work Session Agenda so it can be discussed. He suggested writing a letter to the DOT and the Federal Government asking them to initiate a study. Paton feels this really, harshly, impacts the residents.

Paton questioned where the Township stands on the Green Acres Trust Funds relative to the Ridge Road property. The Business Administrator stated they have received the check from Bergen County but the payment from the State of New Jersey has not been received. There is an agreement with the DEP that has to be signed by the Commissioner first.

Roth said the Communication Committee has completed a draft of the Policies and Procedures for operations in access of the Community Bulletin Board Service that will be available on Channel 78 on Cablevision. The Council President received the draft this afternoon and hopefully it will be on the next Work Session. He encourages Council to take time to read it.

Roth asked about the e-mails sent about McIntosh Road and questioned the status. The Business Administrator stated they contacted the Police Department. A study will be conducted and a recommendation made to Council.

Kelly spoke about the incident this past weekend, where an individual was shot, and commended the Township Police Department. Kelly stated the Police Department has handled this situation, very professionally and is happy to see the Attorney General and the DEP Commissioner will be looking into this and the procedures that were followed or not followed. Kelly is disappointed that it has taken the State so long to look into this incident and the message that is sent by this, and it is not a very good one. Kelly stated he also wanted to thank the Mayor for his involvement and continuing to follow through with the Chief.

REPORTS OF MAYOR and BUSINESS ADMINISTRATOR
Mayor Martel stated he amplified the comments by Kelly, and has been in contact with the DEP and has expressed his displeasure of the way this was handled. Mayor Martel stated this was unfair to our Police Department. The State apologized and stated they were trying to resolve this situation. Mayor Martel stated he also had meetings with Tribal Chief Van Dunk and the Sheriff of the County. Mayor Martel stated it is unthinkable that our Police Department was not ever notified that the Park Rangers were in the area. Mayor Martel commended Chief Batelli and stated he had asked Chief Batelli to attend a meeting on Monday evening on Stag Hill. He was asked repeated questions concerning the issue and he answered as many questions as honestly as he could.

MAYOR’S PROCLAMATIONS
Mayor Martel read the following Proclamations:
Community Transportation Services Week – April 23 to April 29, 2006
Eagle Scout – Michael Weiss
Autism Awareness Month – April 2006
Public Meeting Minutes
April 6, 2006
Page 3

PUBLIC PORTION
On a motion by Calandrillo, seconded by Roth, the meeting was opened to the public at 8:18PM. All in favor. Motion carried.

Mrs. Ellen Stein of 68 Fisher Road echoed sentiments of Kelly and Mayor Martel and feels this is an opportunity for Council to show the Mahwah Police Department how they appreciate them and honor Chief Batelli.

Mrs. Stein asked about the house on Airmont and if it is being sold soon. The Business Administrator stated it is the intention of the Township to sell the house but there is a requirement to have a revised Agreement with the County and the County Counsel is preparing the document and sending it to Administration. He feels it will take approximately one month and then do an Ordinance authorizing the sale of the Property would be prepared.

Mrs. Stein then asked about document from the State previously discussed. The Business Administrator stated that the Township has a Green Acres Agreement and it has been signed and sent back to the Commissioner. Mrs. Stein would like it put on the Agenda every three weeks until this issue is accomplished.

Mrs. Stoohs of 85 Malcolm Road stated she thought her flood issue was resolved. She stated she received the Easement paperwork for signature, but a week ago there was a gentleman with the Engineer giving an estimate on her property about the flooding. They found out at this time the Township was not selecting the second option that was recommended by the Engineer but are selecting the least expensive option requiring they change the pitch of their driveway. They had agreed on this, but did not know the recommendation wanted them to put piping in which was never mentioned. Mrs. Stoohs showed all the e-mails she had back and forth to the Township and is very upset as to what is happening. Mrs. Stoohs said she needs some type of resolution on this.

Kelly suggested having a meeting on this issue and also stated there was a Resolution on May 19, 2005 authorizing the Engineer, at a cost not to exceed the sum of $9,400, to develop the plan. Kelly stated he does not have all the facts on this.

The Business Administrator said there was discussion last August and there were three alternatives. Kelly stated Council had agreed to do the lesser of the three alternatives.

The Business Administrator stated the Engineer had recommended that the property owner put in a trench drain so any water could be picked up by this drain.

It was determined there be a meeting on Monday, April 10, 2006 at 9:00AM with the Property Owner, the Township Engineer, Council President and the Business Administrator.




Public Meeting Minutes
April 6, 2006
Page 4

Mr. Allan Kidd of 111 Miller Road commented that Mayor Martel’s and Council President Kelly’s statements were amazing in reference to the State coming into our Township. Mr. Kidd would like to see the Mayor and Council evaluate what happens in the Township between the County and the State. Mr. Kidd stated that there is a lot of crime going on at the College and feels the State does nothing to reimburse the Township. The Township has County parks and State properties that are being serviced by the Township Police Department. He feels the Township should be reimbursed for our services. Mr. Kidd stated the Township Police know better than anyone else about the sensitivities in the Township and know the Township better than any State workers do and he feels State and County have done a disservice to the Residents on Stag Hill and owe our Township an apology.

Mr. Robert Hermansen of 6 Meester Street said in reference to the shooting on Stag Hill he concurs with everyone for what has been said and does not understand how all of this happened and does not know the Township was not warned of what was going on. He feels the Police Department should be appreciated for what they have done. Mr. Hermansen stated the Ambulance response time is a concern for many Township residents. Mr. Hermansen said currently there are a number of Ramapo College Students working on the Fire Department and wanted to know if there would be potential insurance concerns for students in nursing classes to volunteer and participate on the Ambulance Corps. Mr. Hermansen asked Council if this could be looked into.

Kelly stated Ramapo College operates their own Ambulance with their own student body and are backed up by Company #1 and Company #4 Ambulance.

Mr. Hermansen asked if the College Ambulance could transition over to our Department. Kelly stated, at the present time, it is not permissible for Ramapo College’s Ambulance to leave their college grounds and for insurance purposes can only respond to things happening on the College grounds.

Mr. Hermansen asked what if the college students came and volunteered. Kelly stated that can be looked into.

DiGiulio stated there were two students volunteering at one time and they have to be Certified by the State to do this.

On a motion by Calandrillo, seconded by DiGiulio, the meeting was closed to the public at 8:40PM. All in favor. Motion carried.

ORDINANCE – INTRODUCTION
The title of an Ordinance was read as follows:
AN ORDINANCE GRANTING MUNICIPAL CONSENT TO THE RENEWAL OF THE
FRANCHISE OF CABLEVISION OF ROCKLAND/RAMAPO LLC TO CONSTRUCT,
CONNECT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE
TOWNSHIP OF MAHWAH, BERGEN COUNTY, NEW JERSEY.

Public Meeting Minutes
April 6, 2006
Page 5
RESOLUTION – ORDINANCE NO. 1543

Introduced by Calandrillo and seconded 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 on April 27, 2006 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at
8:00PM.

FURTHER RESOLVED that the Clerk shall 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, yes; DiGiulio, yes; Paton, yes; Richter,
yes; Roth, yes; Kelly, yes.

ORDINANCE – PUBLIC HEARING * * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING SECTION 2-26.2 OF THE TOWNSHIP CODE
ENTITLED FEES FOR COPIES OF PUBLIC RECORDS.

RESOLUTION – ORDINANCE NO. 1540

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

Mr. Allan Kidd of 111 Miller Road feels this Ordinance for public records seems expensive. Mr. Kidd feels these costs inhibit people from requesting public records. He would like this reduced to make records more accessible. He feels the price for Oversized copies is okay.

The Township Attorney stated this Ordinance is only amended to reflect the cost for Oversized copies. Mr. Kidd asked if this amount if the maximum allowed by law and can they amend the other costs.

The Township Attorney stated there would have to be a new Ordinance to amend the other part amounts on this Ordinance.

Richter stated our Ordinances are held at the Library and residents could go there. Mr. Kidd stated some Ordinances are at the Library but not all of them.

Kelly stated the Library should update their Ordinances as they should be available to the public and this should be looked into.

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

Public Meeting Minutes
April 6, 2006
Page 6

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

RESOLUTION – ORDINANCE No. 1540

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

Roll call vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, yes; Roth, yes;
Kelly, yes.
* * *
CONSENT AGENDA
Resolutions #068-06 through #075-06 were approved. Resolutions are attached to and made
part of these Meeting Minutes.

RESOLUTION
Resolution #076-06 was voted upon individually and is attached to and made part of these Meeting Minutes.

NEW BUSINESS
Resolutions #077-06 through #079-06 were voted on individually and are attached to and made part of these Meeting Minutes.

On a motion by Roth, seconded by Paton, the meeting was adjourned at 8:49PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk






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