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TOWNSHIP OF MAHWAH
COMBINED WORK SESSION
AND PUBLIC MEETING MINUTES
THURSDAY, MAY 18, 2006

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 May 9, 2006 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, May 18, 2006 at 8:00 PM.

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 Terry Paul Bottinelli, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerard Spiesbach, Township Engineer’s Associate Vishal Shal and Deputy Municipal Clerk Janis Fox.

REPORTS OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Calandrillo stated that Lee Vold Day is June 29th and there will be a table for Council. There will be an announcement in the paper as she would like the public to be there.

DiGiulio stated the Cop Drop 2006 will be held on Saturday May 20, 2006 at the Sussex Airport. The Police Officers that will be jumping are raising money for Leukemia. Anyone that would like to make a donation can touch base with the Mahwah Police Department.

Paton stated at the May 11, 2006 Public Meeting, Verizon had their Public Hearing and that same afternoon there was a Sub-Committee Meeting of the State Assembly to recommend that Verizon get a State wide franchise Agreement. Paton told Senator Russo and Senator McNamara that the Township is displeased with the concept of granting a state wide franchise. Paton felt it was interesting that Verizon did their presentation at our Public Meeting and wasted our time.

TOWNSHIP COUNCIL: COMMENTS, COMMUNICATIONS, AND REPORTS OF SUBCOMITTEES
Calandrillo said she was not sure that Council was aware that Mary Ann Reed was retiring the end of May. Calandrillo said she has enjoyed working with Mrs. Reed these past twelve years as Council Liaison on the Housing Commission. Calandrillo stated she admired Mrs. Reed’s professionalism and keeping the Township within the guidelines of C.O.A.H and how she handled each case with utmost integrity and confidentiality.

DiGiulio stated the Beautification Committee’s Clean Up was cancelled and will be rescheduled in the fall. DiGiulio gave thanks to Gerry and Bill Savino for their help in decorating the bell for Memorial Day.


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May 18, 2006
Page 2

Paton stated he heard there would be a movie shoot in the Township this week. The Business Administrator stated there were two companies filming this week. One at Silver Creek Park which was through the Board of Education and another being filmed for one day at a private residence on Oweno Road. All necessary documents and fees were received and approved.

Calandrillo asked if the Police Department and the Fire Department were notified. The Business Administrator stated they were.

The Township Attorney stated the one film maker wanted to film after 7:30PM but our Township Ordinance states 7:30PM the latest. The Township Attorney added the film maker would have needed to get permission from the Mayor and Council before he could do this. The film maker chose not to film after 7:30PM.

REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR
No reports

MAYOR’S PROCLAMATIONS
Mayor Martel read the Proclamations entitled “Myasthenia Gravis Awareness” Month and “Scleroderma Awareness” Month.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Roth, the meeting was opened to the public at 8:15PM.
All in favor. Motion carried.

Mr. Alan Isaacs of 2 Victoria Lane commented on PC Development Corps. request for a sanitary sewer connection in the Township of Mahwah as they propose to build a home in the Township of Franklin Lakes. Mr. Isaacs said his property will be directly affected by this construction as they intend to run their driveway from Victoria Lane in Mahwah into Franklin Lakes. Mr. Isaacs feels once this driveway is constructed it will wrap around his driveway through the wetlands.

Mr. Isaacs stated the reason he has concerns is that there have been two other subdivisons and in both instances Engineering said there would be no problems and that proved to be wrong. In both cases he experiences severe and regular flooding in his back yard. Mr. Isaacs feels there will be serious drainage problems. Mr. Isaacs said he would assume if the home is in Franklin Lakes any sewer problems would be solved by Franklin Lakes and not be an added burden to our Township.

Mr. Isaacs further stated he has been a resident of our Township since 1993 and would hope that there will be some consideration for him. He does not understand why we should suffer since this is no more than a speculative land investment made by PC Development Corps.

Kelly stated this issue is under 4C of Administration in this evening’s agenda

Mr. Carter Morris of 1051 Ash Drive thanked Council for honoring his request to discuss the Combined Work Session and
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May 18, 2006
Page 3

potential stop sign on the corner of Hickory Drive and Mulberry Drive. Mr. Morris showed some aerial photographs of this area to Council. Mr. Morris commented that at this point in time there is a stop sign only on Hickory Drive at Mulberry Drive. He said he realizes that three-way stops are not permitted by the DOT but feels a two-way stop sign in both directions on Mulberry Drive would increase the safety of that intersection and cross-walk. Mr. Morris requested that the Council consider the placement of Stop Signs as soon as possible.

Mr. Ronald Cabezas of 147 Stephens Lane had a document from 1985 signed by the Planning Board, Municipal Clerk and County of Bergen in regards to Olney Road. Mr. Cabezas showed it to Mayor Martel and the Mayor said he never saw this. The Business Administrator stated he was aware of the document. Mr. Cabezas said he feels Olney Road is a big mess. It is a right-of-way and always has been designated as that. He feels the Ordinance was passed, did not have to be, and was a waste of money. Mr. Cabezas said he spoke with Chief Batelli and the Chief was not aware of this road being closed. Mr. Cabezas stated the signs there are wrong and he cannot understand what Council is doing.

The Township Attorney said the Township has permission from Department of Transportation for that section of the Roadway to be closed except for emergency, public utility and township vehicles. Any other vehicles will be excluded for this section. The Township Attorney stated the barrier now is temporary horses, while a permanent type of structure is fabricated.

Mr. Cabezas asked if the road is restricted for just 20 feet or closed all the way as there are no signs posted that the road is closed. The Township Attorney said the road is closed. Mr. Cabezas then stated that Chief Batelli said he would research this.

Kelly asked the Business Administrator and Township Attorney to meet with Chief Batelli so that all interested parties are aware of what is going on.

Mr. Peter Cassotis of 107 South Mahwah Road mentioned the election and what was in print in regard to dirty politics. He pointed out this did not begin with this past election. It began in 2002. He also stated there would be additional costs for a run-off election costing the tax payers an extra $40,000. Mr. Cassotis asked if anything has been done about eminent domain, and asked if there is anything Council has done to tighten up in the Township like other towns have. Cassotis then asked if the Township is keeping everything status quo. Kelly stated yes, status quo.

Mr. Cassotis commented about the Board of Education spending $1.1/2 M of tax payer’s dollars redoing the high school track and field and feels the Township should pass an Ordinance that roller blades, carriages, scooters are not allowed on the field as that is why the track got ripped up early. Kelly said he will have Administration look into this as it sounds like a Board of Education issue.

Mr. Wayne Hollm of 46 Nilsen Avenue thanked Kelly for serving the Township these past four years. He feels Kelly is the only one on the Council that knows the difference between right and Combined Work Session and
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May 18, 2006
Page 4


wrong when it comes to the sewers being forced on Nilsen Avenue. He said he was upset with a statement Roth made at one meeting that we should stop wasting our time with this. Mr. Hollm questions what Richter said, that we can add streets to this project but we cannot exclude them and wondered if this was true. The Business Administrator said there was a Capital Bond Ordinance established. The answer is that properties can be added and properties can be deleted but this would require and amendment of the Ordinance on Notice. The Business Administrator asked the Township Attorney to address this issue. The Township Attorney stated he will look into this.

Mr. Hollm read comments Council made on the minutes from the Public Meeting of July 28, 2005, “Kelly felt that this issue should not continually be opened and closed – and that Council needed to come to a firm decision about this project”. Richter stated Council has voted on this already and can not continually be changing their minds on this”. “Roth felt there had been
extensive communication with the residents and a vote was cast already. Roth felt the vote should stand”.

Mr. Hollm then read from the minutes of June 9, 2005, when Mr. John Bush from Long Avenue asked how Council views a tie vote and Richter stated Council looks for majority. He also read an article from the Home and Store News from August 10, 2005, where Kelly said the Ordinance could be amended but recommended putting the issue to rest. Mr. Hollm feels Council has to do the right thing.

Mr. Jim Moran of 24 Franklin Street said back in February he petitioned the Township to be included in the Stage V Area 8 Project. At that time it was himself and three of his neighbors. At the last Work Session Meeting it was brought up to solicit the rest of the neighbors. There are 13 houses and one has been connected, one can be connected directly without the extension of the project and the rest remaining are 8 yes, 1 probable and 2 undecided. The majority of residents on Franklin Street are interested. If there will be a water main extension, in the future, he would like that included also so the street does not have to be ripped up twice.

Ms. Gloria Edlin of 49 Nilsen Avenue said she wanted to point out to the previous speaker that majorities do not count in this Township.

Ms. Monica Ullrich of 1257 Mulberry Drive stated with regards to Mr. Morris’ comments about the Mulberry Drive and Hickory Drive intersection, if the drivers are failing to obey the street sign or speed limit the police should be called to enforce the law. Since there is parking on both sides of Mulberry Drive she feels the Association should reduce the speed limit to 15 mph which is the same speed limit all the other streets have.

On a motion by DiGiulio, seconded by Alderisio, the meeting was closed to the public at 8:36PM. All in favor. Motion carried.


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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.

ENGINEERING (Boswell-McClave)
1a. Wyckoff Avenue and Forest Road Intersection Improvements: Project Update
The Township Engineer’s Associate said the contractor is continuing with punch list items this week and will continue next week also. The contractor is scheduled to pave the parking lot for the strip mall on May 22, 2006. The contractor needs to address electrical punch list items that were provided to them by the County prior to the signal controller being called in to activate the left turn signal. This all should be completed by next week.

1b. Bike Path Program; Discussion
The Township Engineer’s Associate handed out a map to Council and described the existing and proposed bike path routes. He explained the Township was awarded two state grants, one in 2001 and one in 2003, totaling $400,000. He advised Council on the cost to the Township and the need to make a decision on proceeding or not with the project. The Township Engineer’s Associate advised Council of the potential cost of this project and the need for Council to make a decision as the deadline for accepting the New Jersey Department of Transportation grants had passed but we can get an extension.

The Business Administrator said the Township has been approved a grant and they have looked at alternatives over the years. Administration has been advised by NJ DOT that they will take back the money so Administration has asked the Township Engineer to bring the project before Council this evening or decline the grant.

The Township Engineer said that the NJDOT is getting aggressive in getting back grant money that is not used on the designated project. The Township Engineer’s Associate stated the path will have to be maintained by the Township. The Township will be responsible for the design of the project, obtaining all Department of Environment Protection permits and providing for the DEP Application Fees. The Total cost of this portion of the contract would be $611,000. The Township would have $400,000 available from the DEP and would have to provide $211,000 to continue with the project.

The Township Engineer’s Associate stated the proposed Bike Path Route would run along Darlington Avenue to Seminary Drive north along Campgaw Road back to Darlington Avenue to Ramapo Valley Road into Continental Soldiers Park and around the park north over Halifax Road and across a proposed eight foot wide bridge across the Ramapo River at the end of Washington Lane.

DiGiulio said she was opposed to where this bike path would run as there was a lot of flooding and residential property in this area. Maintenance would also be high due to the flooding.

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Paton agreed with DiGiulio and was opposed also. He feels it is critical to connect a bridge to Stag Hill so residents did not have to walk on Route 17. Paton believes this issue belongs before
the new Council.

DiGiulio asked if this grant was specifically for this bike path area. The Township Engineer stated that it cannot just be moved arbitrarily somewhere else.

Kelly had concerns on the amount of money it would cost to build the bridge across the Ramapo River and many other issues such as security. Kelly said he would like to see whatever portion the Township can do from Continental Soldiers up to that area so people can go down around the fields, but not produce a new bridge.

Kelly suggested a straw poll vote.

Calandrillo made a motion, seconded by Roth not to proceed with this project due to the high maintenance areas and the flooding.

Alderisio asked if the bike path money could be transferred to the Fardale Section. The Township Engineer’s Associate said no.

Straw poll vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, absent; Roth, yes; Kelly, yes.

1c. Cragmere Drainage Study; Request for Authorization of Services
The Township Engineer’s Associate stated they recently submitted a Flood Control Grant Application to the DEP for a Regional Stormwater Management plan for the Cragmere area. The proposal submitted was in the amount of $200,000. The Township Engineer’s Associate said they were informed that the Township is going to receive $150,000 for this project and it is a matching grant that will require the Township to contribute 25% of the project cost.

The Township Engineer’s Associate said they submitted their proposal on May 10, 2006 detailing the areas in questions and the work to be performed from their office with an itemized breakdown for cost per location. They are requesting authorization for their services in the amount of $179,400 for this project.

Roth asked what the cost of the 2003 proposal was. The Township Engineer’s Associate stated he was not sure but thought it could be approximately $160,000.

Roth asked if the sites have been revisited since 2003. The Township Engineer’s Associate said yes at various times after storms when the neighbors complained of flooding and observations are current. Roth asked how much the grant was to cover this. The Township Engineer stated $150,000 so the Township will fund 25%.

Roth suggested on their proposal of May 10, 2006 if there was a way to prioritize as to what is Combined Work Session and
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the most essential and what is less essential. The Township Engineer said there are a number of different drainage problems. The Township Engineer explained they tried to get a grant to use as

a foundation and then go back and apply for other grants. At the end, there will be prioritization detailed estimates, surveys, designs and a thorough understanding of the problems.

Roth said he understands this but there are 12 items on the proposal and they elect to do only two items so would that effect the terms of the grant. The Township Engineer stated yes it is 75% of what we proceed with. Roth said he was trying to get some sense of what the outcome of this would be and feels this would be spending the grant money and then another $20,000 or $30,000. The Township Engineer stated this would be just a study as they have no idea what they are getting into at this point. There has never been a proper study done of this area. Roth said this will capsulate all the drainage problems in the area. The Township Engineer said if not all a substantial portion of them.

Calandrillo stated she knows this is just a study but when the work is done on Franklin Turnpike will it be coordinated with the Franklin Turnpike and Miller Road improvements so that it is a smooth process. The Township Engineer stated absolutely.

DiGiulio said she feels this is a very good idea and long overdue as so many residents have had flooding.

Paton asked if Mr. DeFerrari’s residence on Maysenger Road is included. The Township Engineer said yes it is in the project.

Paton asked if the Engineers are including any drainage or retention activities for the Police Department and Fire Company #1 area. The Township Engineer said these departments are in this project.

The Township Engineer’s Associate stated it will be a catcher for the existing run-off for the Township property.

Paton said there was a discussion between himself, Kelly and Roth with the residents of properties behind Wanamaker Avenue. Paton feels a lot of this could be resolved if the Department of Public Works goes out and cleans the area.

Paton said he wanted to make the Township Engineer aware there is a continuing problem on Sargent Court. The water floods over and rises over six feet of the road. The Township Engineer’s Associate said there is an issue with the trash rack on the culvert, the Department of Public Works maintains it, but someone is constantly taking of the rack.

Paton remarked there is a problem with doggie bags being dumped into the stream and this area should be policed. The Township Engineer’s Associate said there is a Township Ordinances for pet waste and it is just education.

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Roth said that looking at what was presented, on the Franklin Turnpike culvert; it appears that there are shared problems with Township drainage issues and the development seems to have a
problem in their capacity of draining the water out. If we go to the time and expense of the study and addressing this problem, what happens if the development does not want to do it. Roth wants to make sure this would be a worthwhile investment and that we have community cooperation.

The Township Engineer’s Associate said he agrees with Roth and that they first have to determine that the drainage system is inadequate and then they would request funding from the County to assist in that part of the work. He said as far as the Mall apartments he does not know how agreeable they would be of increasing their draining structures. Roth suggested they do that as part of the study.

Kelly remarked that he is happy to see they are at this point and feels the Township really needs to do this study to make the decisions they need. He feels many residents have been overlooked and have been suffering through these problems for too many years.

The Business Administrator reiterated that 75% of the funding will come from a grant and 25%
we have money in place for. The 75% has to be included in the budget and a Resolution passed.

Resolution to be voted on at the Public Meeting following this meeting.

1d. Inspection of Winters Pond Dam; Review of Proposal
The Township Engineer’s Associate said at the March 9, 2006 Work Session Council voted to include funding for this work in the 2006 Budget, but at that time the money was not available. The money is now available for this project.

Resolution shall be voted on at the Public Meeting following this Meeting.

1e. Verbal Status Report
Route 17 and Corporate Drive Intersection: The Township Engineer’s Associate reported they received two responses from the Department of Transportation with regard to the Route 17 and Corporate Drive southbound intersection. The DOT agreed there is a problem there. The first one said it will take them time to look into it. They then responded that there is a problem and they will send this to their Engineering Department for their review. In the meantime, they are installing an advanced warning sign on Route 17 as a temporary measure.

Stormwater Management: The Township Engineer’s Associate said they received comments back from the County on the Stormwater Management Plan for the Township. The Township Engineer’s Associate said they have they have 90 days to provide necessary provisions to the County and do not have a problem meeting that deadline.

85 Malcolm Road Drainage: The Township Engineer’s Associate stated the drainage
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improvement at 85 Malcolm Road has been substantially completed except for installing the fence that was taken down and he feels the work the Township did looks great. The homeowner still needs to pitch their driveway and put in their trench drain.

Airmont Avenue and Campgaw Road Drainage Improvements: These drainage improvements have been submitted to the County for their review requesting they fund these projects. They are awaiting their comments.

Calandrillo asked when the traffic light was going to be installed at West Ramapo and Island Road.

The Township Engineer’s Associate said he spoke to the County and told them that it is a serious issue and a high priority for the Township as the crossing guard was hit twice. The County is still reviewing the information. Calandrillo asked the Township Engineer’s Associate to push this issue with the County so it is done before school starts in September.

Young World Day School Flashing Light: The Township Engineer’s Associate stated he received a plan from the property owners’ engineer and forwarded it to Administration.
The Design has been completed and sent to the County for review and it will then go to the state for approval.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Request For Inclusion in Stage 5 Sanitary Sewer Project; Discussion
The Township Utility Engineer had a discussion with residents from Peterson Place and Franklin Street. The Township Utility Engineer was asked to look into incorporating them in the project and to develop some capital cost information and the impact of the inclusion of that would be. This was given to Council in a memo dated May 11, 2006. The Utility Engineer explained briefly what will be done on Peterson Place and Franklin Street. The sewer line will be extended on 25 Peterson Place by and additional 320 feet and this would be a pressure sewer. The additional cost would be approximately $75,000. On 23, 24 and 30 Franklin Street the proposed sewer will have to be extended an additional 375 feet of gravity sewers. The additional cost would be approximately $120,000 to the current Bond Ordinance value of $5,000,000. The survey is pretty well completed so if these additional properties were to be included they would have to do survey again which would be in the $3,000 to $5,000 range.

Paton asked the Township Utility Engineer to review numbers for Peterson Place and wanted to know how many new lots would be connected. The Township Utility Engineer said a total of four properties. Paton said that would be approximately $18,000 a lot. Paton feels if it costs us more the residents are going to have to pay for it.

Paton asked what other properties needs hook ups on Franklin Street. The Township Utility Engineer stated the figures on his memo do not include a water line. They would have to increase the per linear foot to include a water line. This all has to be looked at as if they wanted to bring water in it would have to be brought all the way down Franklin Street to Forest Road.
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The Business Administrator stated the proposed sewer now ends at the bend of the road. There are three properties that approached Administration requesting sewer service. 24 Franklin Street, 30 Franklin Street and 23 Franklin Street. To service these three lots and run a line, Lot 27
would also have to be picked up. The two properties at the corner of Forest Road have the opportunity to connect into the new sewer line on Forest Road. In addition to the properties that made a request there are eight other properties. Administration has sent out letters to these eight homeowners.

Kelly asked if there is a date to meet the new system. The Township Attorney said it already passed.

Richter asked why the properties with septics were not surveyed in the first place. The Township Utility Engineer stated letters have been sent out to them and they are being surveyed.

The Business Administrator said if the system was built after 1990 and meets the regulations then they would be able to receive a waiver but would still get an assessment.

DiGiulio asked if residents who will not have sewers know they will need pumps on Peterson Place. The Township Utility Engineer’s Associate said he did not know.

The Business Administrator stated they received a request from a property owner on 29 Morris Avenue that wants sewer service. He said it appears the property owner can be accommodated.

2b. Verbal Progress Report
The Township Utility Engineer stated at the last Work Session Councilmember Paton had asked if we had any information from the Water Department on dirty water complaints. After speaking to the Water Department they said they did have complaints. The Township Utility Engineer stated he felt this was related to the Ford Tank when it was out of service and as a result the East Crescent Booster Station was increasing the velocity in that area. This accounted for internal buildup. There have been no other repeat complaints. Paton asked if in the future could they crank out the pressure or flush the line so it does not get in the house.

Redevelopment of the Wells: The Ford Well is nearly complete and they will be moving on to Well #16 the beginning of next week and anticipate it being complete around May 31, 2006. Ford Well #3 is a very productive Well. Ford Well #3 is producing far in access of their expectations. The Township Utility Engineer said they did get the highlands exemption for Well #18A. The Mayor sent a letter to the Department of Environmental Protection and he thanked the Mayor for sending this. The Department of Environmental Protection is reviewing this and
if this is approved it will start mid-August. He hopes the Hydro testing will be done in the summer months.

Kelly recused himself

DiGiulio took over.

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Nilsen Booster Station: The Township Utility Engineer said they have heard from the Department of Environmental Protection and they did not say no to the Booster Station option.
The DEP is definitely pro-tank for gravity storage but as a result they said we need to demonstrate to them that without the Booster Station we can maintain 20 PSI under all flow conditions in that service area. The way to demonstrate this is through the preparation of a hydraulic analysis before they initiate the design. The Township Utility Engineer said they recommend this hydraulic analysis be done before they initiate the design.

Roth asked when the proposal was done for the Booster Station initially why was this analysis and additional testing not included. The Township Utility Engineer said it was not necessary but is a direct result of the Department of Environmental Protection’s recent regulation as they want tanks. In normal situations they would not have been asked to do this.

The Township Utility Engineer said he will forward the letter from Administration to review and give to Council.

Alderisio asked if the Nilsen Tank is being used and if there is 20 PSI pressure now. The Township Utility Engineer said he believes they have this pressure but what the DEP is requiring the Township to do for approval, is to have the analysis of the Booster Station. Having this Hydraulic Analysis will prove it. The Township Utility Engineer stated the last time a Hydraulic Analysis study was done was over ten years ago. This study would just be in the high service area zones and it is good practice to have this.

Paton asked what the DEP is asking for with the PSI and are they saying make sure you test it so you have sufficient and quality piping in the ground. The Township Utility Engineer’s Associate said it is a 20 PSI requirement, under all flow conditions so that you can provide a fire flow with a gravity system versus a Booster pump.

DiGiulio asked if it is better to go to Gravity Flow now. The Township Utility Engineer said from an Engineer’s standpoint Gravity flow storage is the way to go, it never fails, never has power failures, and will give pressure. The Township Utility Engineer reiterated that if the Township can demonstrate that under this Hydraulic Analysis that the 20 PSI was obtainable under all flow conditions the Department of Environmental Protection would not deny the application.

Kelly returned.

LEGAL
3a. Liquor License; Place-Place Transfer; 1400 Associates LLC
The Township Attorney the documents were reviewed and found to be in order. The Police Department has conducted background checks and they were in order. When the Legal Affidavits are received in the Clerk’s office this will be finalized.


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Resolution shall be voted on at the Public Meeting following this Meeting.

3b. Olney Road Report
The Township Attorney reported Council was given a copy of the letter from the Department of Transportation.

DiGiulio asked if the residents were notified of this closure on Stephens Lane and the surrounding areas or was the road just barricaded. The Township Attorney answered the notifications were before Council on the Introduction and Adoption of the Ordinance. The Township is not required to do anything further.

The Business Administrator said a sign will be erected at the corner of Stephens Lane and the corner of Snow Drive that there is no through traffic.

Calandrillo asked if there should be a notice put in the paper that Olney Road is temporarily closed. The Township Attorney stated the road is permanently closed.

DiGiulio asked if the school buses go down that Road and were they notified. The Business Administrator said no.

ADMINISTRATION
4a. 2007 Area Plan and Aging and Peer Grouping Grant; Access Transportation
The Business Administrator said they would like the Grant application that they receive for funding each year for their Access Transportation.

Resolution shall be voted on at the Public Meeting following this Meeting.

4b. Status Report; Project Architect on Police Department Renovation
The Business Administrator explained this is to update Council on site work and the architectural part of this project. The Business Administrator went on further to say he met with the Police Chief and the architect to review items and costs and gave Council a copy of a report which is an overview of the Police Building Renovations projects site work.

The Township Engineer’s Associate stated they have completed a substantial portion of the parking lots for the Police, Fire and Museum buildings at the corner of Franklin Turnpike and Miller Road. As part of their design they are picking up approximately 29 parking spaces, they are having a parking lot at the south end that will provide 22 spaces. The existing gravel area on east side of property and the existing parking outside the Police Station will be resurfaced. All the site improvements for the Police Building are contained within the existing structure. They are going to resurface along the Fire House and then provide a substantial parking area north of the Police Station. One tree will be removed. The Township Engineer’s Associate said they are going to meet the Township’s Storm Management requirements and are within budget. The Engineers are meeting with representatives with the Police, Fire and Museum and will be ready Combined Work Session and
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to go out to bid mid-June.

Kelly asked when the Engineer’s meet with the various departments please be sure that the

Battalion Fire Chief of Company #1 be involved also.

The Business Administrator said the Mayor and himself asked the Township Engineer, the Architect and Police Chief to meet earlier this week as they would like to know where they are with budget and timeline. They have some concerns about the budget. They are holding within budget but there is a lot of volatility in construction. They do not want to add to the budget so they did change some items. The Business Administrator said he hopes to get the construction package completed by next month.

Roth asked to be provided with what changes and dollar amounts were made. The Business Administrator said he will have this in a few days.

Resolution shall be voted on at the Public Meeting following this Meeting.

4c. Request for Water and Sewer Connection; Victoria Lane; Block 16.01, Lot 4 in Franklin
Lakes
The Township Engineer’s Associate said the Developer who is developing the property in Franklin Lakes has not submitted any paperwork to the Township. They have not submitted a soil permit. The Engineer’s recommend that once the Township receives this permit it goes before the Planning Board. The Township Engineer’s Associate feels the soil movement work in the Township will be less than 1,000 yards. There is a provision in the Soil Ordinance that states the Engineer can recommend the permit to the Planning Board, for their approval. Due to the wetlands on site, the issues with the water and sewer connection and run-off issues the recommend the Township Engineer recommends the Developer go to the Planning Board for approval. The Township Engineer’s Associate will look into issues with regard to the run-off of the Bogert Court development and the Township Engineer will look at Franklin Lakes and the subdivision referenced by Mr. Isaacs earlier.

Roth feels we should get this issue reviewed as quickly as possible and said our responsibility is to our residents first and foremost. Roth said there were some articulate objections raised by Mr. Isaacs and he does have issues. Roth would like the Engineers to take a look at what is going on and give Council some advice.

Paton made a motion, seconded by Calandrillo, to deny the request to connect water and sewer to a specific property in Franklin Lakes via the Township Water and Sewer facilities at this point in time. DiGiulio asked if the Township should send some backup to the Planning Board in Franklin Lakes that Mr. Isaacs is getting a run-off. The Township Engineer said this was the first time he has heard of complaints and he will investigate Mr. Isaacs’s complaint and get back to Mr. Isaacs and Council.

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DiGiulio said she has concerns if we allow other Townships to hook into our sewer system, are we setting precedence for the next Township to do it. The Township Attorney said each application stands on its own. The Township Attorney said we have no legal obligation to allow any connection to the sewer system to Franklin Lakes residents.

The Mayor asked what happens to a piece of property when it is determined unbuildable. The Township Attorney said the landowner will probably go into court saying that there has been an arbitrary decision and has forced his property into inutility. The Mayor asked if the Township would be forced to buy the property. The Township Attorney said because of town restrictions the landowner has to show that he has no alternative methods. The Township Attorney advised there be a complete study done.

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

4d. Resolution to Auction Excess Vehicles
The Business Administrator stated there are some excess vehicles they would like authorization to auction off this year.

Roth asked if and when the vehicles are auctioned off do the proceeds go into a General Fund. The Business Administrator answered yes. Roth asked if it was possible to set up a separate
Escrow Fund on this that would be dedicated to Fire Department’s equipment needs. The Business Administrator said there is a process to established dedicated funds. Administration will find out.

Resolution shall be voted on at the Public Meeting following this Meeting.

4e. Correspondence; Sprint Nextel; Discussion
The Business Administrator said they had received a prior letter from Sprint and he sent a letter back to them saying the Township was not interested in them leasing space on Township property. He received another letter from Sprint to reconsider and wanted to bring this to the attention of Council.

4f. Chapter 159 Resolution; Municipal Escrow Account; Police Department
The Business Administrator stated there are items that have not been placed in the Adopted Budget but there are grants and funds that are received during the year that can be added to the Budget. There are three police items coming out of the escrow account to add to Chapter 159 Resolution. The second one involves the Clean Community Grant for our Clean Community Project and the third one is a grant from DEP for the Cragmere study.

Roth said he thought the dollars were only to be used for Capital items. The Business Administrator said no it is for items that are not funded through the regular budget. They can not use it for recurring operating expenses.

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Resolution shall be voted on at the Public Meeting following this Meeting.

4g. Resolution Approving Plumbing Services
The Business Administrator stated this is a Resolution so that when we require occasional
plumbing repairs and they are distinct projects we get quotes for them. Administration has always proceeded this way under local contract law. In this case, we received a quote from the vendor of $4,000. With this vendor, in this calendar year, it put over $17,500 and due to the “Pay for Play” regulations it requires a Resolution from the Council.

Resolution shall be voted on at the Public Meeting following this Meeting

TOWNSHIP COUNCIL and MUNICIPAL CLERK
5a. Mulberry and Hickory Stop Sign; Discussion
Alderisio suggested the Police Department look at this intersection and see if a stop sign would be warranted.

Kelly asked Administration to get the sense of Council and see if we could have a Police Department recommendation on this intersection and possibly get a two-way stop.

5b. Library Board Request; Discussion
Richter asked where we stand with the Library renting from the Township. Mayor Martel said the Library came back with a no.

Richter than asked do we let this go. The Mayor said we can do what we want.

Calandrillo said the Library has been opened for ten years, the basement has been empty for ten years, and all of a sudden because we want to get rent from them they want us to pay for their basement and said she does not like the taste of this.

Kelly asked for a motion.

Richter made a motion, seconded by Roth, Council does not want to entertain this Library project or deny going forward with this concept.

Alderisio stated the Library wants the Township to borrow the money and then they will pay the Township back.
Mayor Martel stated the Library has changed their method. The Library will pay the Township back monthly.

Roth said he did not understand item #2 on the letter from the Library that states they need more money to fully complete the lower level. Mayor Martel said the Library originally stated they were $800,000 short and wanted Council to give them the $800,000 after they said no to the rent. Since the answer to that was no from the Council, they changed and said they would like to borrow the extra money they need from the Township and they will pay it back. In their letter the Combined Work Session and
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Library gave an example of how they would do it. Mayor Martel said he has not discussed this with the Library at all.

Roth said if the Library is looking for the Township to assist them with their loan he would be
willing to have a discussion with them if we could put back on the table, the discussion of rent and perhaps they can come up with a solution with both issues.

Mayor Martel asked the Township Attorney if the Library cannot borrow money. The Township Attorney said this should be discussed at a future date.

Paton said the Library did not say anything about what they would contribute. Paton suggested the Library come back with a financial profile of what the entire project will cost. If we borrow money for them any money the Library has saved is growing in reserve every year.

DiGiulio asked since the Township owns the Library building can they not borrow. The Township Attorney said he wanted to wait to answer this and he will at another time.

Kelly said the Library is looking for the Council to discuss this further. The Township Attorney suggested withdrawing the motion. Richter made a motion to withdraw the motion, seconded by Roth. Kelly said that he gets that the sense of Council that they do wish to have further discussion as there are quite a few questions that need answers and will invite the Library to a work session in June.

PUBLIC SESSION
APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Roth, the Bills and Claims, previously signed, totaling $1,001,753.40 were approved. All in favor. Motion carried. A list of Bills and Claims is on file in the Municipal Clerk’s Office.

On a motion by Calandrillo
ORDINANCE – PUBLIC HEARING
The title of an ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS FOR THE WATER UTILITY OF THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $638,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $606,100 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

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

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

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On motion by Calandrillo second by Roth, the following resolution was passed and adopted.

RESOLUTION – ORDINANCE NO. 1544

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: Alderisio, absent; 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 IMPROVEMENTS TO THE SEWER UTILITY IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $561,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $532,950 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

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

On motion by Roth, second by Richter, the meeting was closed to the public. All in favor. Motion carried.

On a motion by Calandrillo, second by Richter, the following resolution was passed and adopted.

RESOLUTION – ORDINANCE NO. 1545

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: Alderisio, absent; 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 IMPROVEMENTS TO THE WATER UTILITY IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,981,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,881,950 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

On motion by Calandrillo, second by Richter, the meeting was opened to the public. All in favor. Motion carried.
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Mrs. Stephanie Derrig of 144 Miller Road wanted on the record, that on the Bond Ordinances they total way into the millions of dollars, and is surprised that the public is not here to ask any questions on how it is spent. She came to witness how this money is spent.

On motion by Calandrillo, second by Richter, the meeting was closed to the public. All in favor. Motion carried.

On motion by Calandrillo, second by Paton, the following resolution was passed and adopted.

RESOLUTION – ORDINANCE NO. 1546

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

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

The title of an ordinance was read as follows:
AN ORDINANCE AUTHORIZING A $15,000.00 INCREASE IN THE PURCHASE PRICE FOR THE ACQUISITION OF BLOCK 8, LOTS 7, 8 AND 9, 117 LAKEVIEW DRIVE.

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

On motion by Calandrillo, second by Richter, the meeting was closed to the public. All in favor. Motion carried.

On motion by Calandrillo second by Alderisio, the following resolution was passed and adopted.

RESOLUTION – ORDINANCE NO. 1547

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, no; Richter, yes: Roth, no; Kelly, yes.

CONSENT AGENDA
Resolutions #114-06 through #121-06 were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

RESOLUTIONS
Resolutions #123-06, #124-06 and #125-06 were voted on separately and attached to and made
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Page 19

part of these Meeting Minutes.

CLOSED SESSION
Council determined it was not necessary to go into closed session.

Kelly stated we need a discussion on the Reorganization Meeting which is to be July 1, 2006. The Councilmembers remaining and four newly elected Councilmembers should decide if this
date is okay or would they rather move it to July 6, 2006.

On a motion by Calandrillo, seconded by Roth the meeting was adjourned at 10:48PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk


Meeting Minutes prepared by Jan Fox, Deputy Municipal Clerk



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