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TOWNSHIP OF MAHWAH
COMBINED WORK SESSION MEETING AND
PUBLIC SESSION MEETING MINUTES
THURSDAY, JULY 13, 2006

The meeting was called to order at 8:00PM by Council President DiGiulio who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 5, 2006 and July 21, 2006 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, July 13, 2006 at 8:00PM.

The minutes of this meeting shall be available in the Municipal Clerk’s Office. Notice of this meeting is posted on the Municipal Bulletin Board.

Salute to the Flag.

Present: Councilmembers Alderisio, DaPuzzo, DiGiulio, Hermansen, Kidd, Larson at 8:15PM and Roth.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Gerry Spiesbach, Township Utility Engineer’s Associates Justin Mahon and Vishal Shah and Municipal Clerk Kathrine Coletta.


VERIZON; CONTINUATION OF PUBLIC HEARING – MOTION TO CARRY
The Township Attorney advised Council that Verizon has requested the Public Hearing to be carried until August 10, 2006.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
DaPuzzo reported at the last Planning Board Meeting an application was scheduled for Graham Enterprises. The Hearing has been moved to July 26, 2006.

Kidd received telephone calls from residents complaining about property maintenance. Kidd suggested the Council review the Ordinance under Property Maintenance.

Roth referred to a memorandum he sent to Administration on the videotaping of Council Meetings.

Roth questioned what is occurring on the sale of the house on Airmont Avenue. The Business Administrator reported the item shall be discussed at the next Work Session Meeting.

DiGiulio reported the Beautification Committee me. Flags are up on Franklin Turnpike. Another Clean Up is upcoming.

Alderisio mentioned a grant the DEP has available for funds to retrofit diesel vehicles to make them 90% pollution free. Administration shall look into.



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July 13, 2006
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TOWNSHIP COUNCIL: COMMENTS; COMMUNICATIONS and REPORTS OF SUBCOMMITTEES
None.

REPORTS OF MAYOR and BUSINESS ADMINISTRATOR
The Business Administrator reported that the delay in the State Budget has not effected the Township. The only delay to the Township was the figure which appears on the tax bills.

PUBLIC PORTION
On a motion by DaPuzzo, seconded by Hermansen, the meeting was opened to the public at 8:10PM. All in favor. Motion carried.

Kidd objected to the public being limited to each speaker speaking for 5 minutes and the public giving their name and address.

Mrs. Dawn DiLeone of 11 Aspen Court asked for a response on the fire sirens. She asked for the fire sirens to be activated only for structure fires. Mrs. DiLeone referred to a petition which she has with over 120 names.

Hermansen explained in another town they were encountering an issue similar to ours and it was determined the possible cause was copper wiring installed by the utility company. Hermansen suggested the Township perhaps check this avenue.

Kidd questioned who makes the decision on the fire sirens. The Township Attorney answered the Council. Kidd understood that this was an administrative function. The Township Attorney answered ultimately the decision is made by the Council as the Council will need to decide if there is any money in the Budget to take any action to change this.

DiGiulio referred to the meeting held between the Mayor and the Fire Department. She asked for a report. The Mayor answered a report shall be forthcoming along with a recommendation.

Mrs. DiLeone asked the Mayor for his opinion. The Mayor answered there are alternate ways of notifying the Fire Department of an emergency either by pagers or by both pagers and sirens. He is looking into the possibility of limiting the use of the sirens to specific incidents.

DiGiulio explained the Fire Department feels if there is a fire response time is critical. The sirens alert everyone and get everyone out quicker than the pagers. New pagers were purchased and are up to date. Report will be needed. She also at this point does not know the feeling of the Volunteer Firefighters.

Mrs. Ana Marie Meizys of 127 Church Street suggested the fire sirens be sounded only for emergencies and not for false alarms. She said the Police Chief told her the police frequency is the same as the fire department’s frequency.

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July 13, 2006
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Mr. Chris DiLeone of 11 Aspen Court invited Council to come to his backyard. He is fearful the sirens will damage his children’s hearing. He asked when Council will be looking at this matter and provide an answer.

Mr. Emilios Kokkinos of 92 Eastview Avenue has been a resident for 11 years. He is looking for a solution to the fire siren issue. Every time the fire siren is sounded, he calls the Mayor. The residents are looking for Council’s help.

Mr. Ron Cabezas of 147 Stephens Lane referred to the Article in The Record on Olney Road. Presently temporary barriers are erected. The Ordinance has been passed.

Mr. Carter Morris of 1051 Ash Drive asked for Council to consider installing a stop sign at Mulberry and Hickory Drives. The Business Administrator shall report back to Council at the next Work Session Meeting.

Kidd asked for the Police Department to enforce the speed limits in the area.

Dr. Val Saitas of 92 Eastview Avenue complained about the fire siren issue. She understands that Firefighters are not required to carry the pagers. She feels this is a problem.

Mr. Albert Kidd of 851 Darlington Avenue has been reading the legal notices and does not notice other towns who are in as much debt as the Township.

Mr. Kidd pointed out in Upper Saddle River the library pays rent to the town.

On a motion by Roth, seconded by Hermansen, the meeting was closed to the public at 8:53PM. 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 Pubic Meeting immediately following this meeting.

ENGINEERING (Boswell-McClave)
1a. Wyckoff Avenue and Forest Road Intersection Improvements; Project Update
The Township Engineer’s Associate reported there was a meeting with the Contractor and the
Council regarding the paving. Substantial amount of the work on the project is complete. The
Contractor continues to work on the Punch List Items.

DiGiulio questioned the paving in the area of Wyckoff Avenue and Forest Road. The Township
Engineer’s Associate answered some of the paving in the area shall be repaired.



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July 13, 2006
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1b. Authorization to Award Bid #MTB-06-19: Improvements to Ridge Road, Section 5 – 2006 Road Improvement Program and 2006 Curb and Sidewalk Program
Kidd questioned if East Crescent Avenue is a County road. The Township Engineer’s Associate
answered yes. The Business Administrator interjected that the Township is paving the area that
was disturbed when the water line was installed.

Resolution shall be voted on in the Public Meeting.

1c. Request for Authorization of Bond Releases; Danco Corporation; Fardale Estates Subdivision; Matthew Place; Block 162, Lots 223 through 228; (Dkt. #110)
Resolution shall be voted on in the Public Meeting.

1d. Written Status Report
Salt Shed: Hermansen questioned the status. The Township Engineer’s Associate answered the
revised Shop Drawings are being reviewed. The previous Shop Drawings were not satisfactory.
Site work has been completed.

Island Road and West Ramapo Avenue: Hermansen asked when the data is going to be received.
The Township Engineer’s Associate answered he is awaiting for the Accident Data from the
Police Department. The Township Engineer’s Associate shall follow up.

DaPuzzo questioned MA-632: US Army Corps. Of Engineers Flood Control Project. He referred
to section which states meetings will be held in the first and second quarter of 2006. He asked if
anything has occurred. The Township Engineer’s Associate answered he has not heard from the
Army Corps. Of Engineers. He shall contact them.

DaPuzzo questioned MA10: Drainage Complaints and asked about the statement “resolve
inconsistency of flood materials for Devine Drive”. He asked what this means. The Township
Engineer’s Associate answered this refers to the studies, plans and documents. Study was done
many years ago by the DEP. The study is not consistent with the FEMA Maps and what is in the
field.

Roth questioned when MA-336: Mahwah Honda Drainage would be completed. The Township
Engineer’s Associate answered it is necessary for the Township and Mahwah Honda to enter into
a Developer’s Agreement. Mahwah Honda also needs to go to the Planning Board.

Roth questioned on the MA-620: DPW Waste Oil Collection System and Oil Water Separator
when the system will be up and running. The Business Administrator answered that we are
waiting for additional information.

Roth questioned on MA-700: Municipal Stormwater Regulation Plan if the comments are
significant. The Township Engineer’s Associate explained the County had comments which the
Township Engineer’s Office addressed. The County then had a few more questions which the

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July 13, 2006
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Township Engineer’s Office addressed. Approval is expected within the required timeframe.

DiGiulio questioned the status of the Young World Day School and the 25 mile per hour speed
limit. The Township Engineer’s Associate answered that Young World’s Engineer completed
the design and submitted it to the County and the Township Engineer. The Township Engineer
reviewed the design and found it acceptable. On June 26, 2006, the County approved the plan.
On June 30, 2006, Young World’s Engineer submitted the plan to the State. We are waiting for
the State’s approval.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Monthly Progress Report
The Township Utility Engineer updated Council on the following:
Well Development Project: the wells are back in service. Well #16 will need to be refurbished. An increase in the capacity has been seen. At the next Work Session Meeting, the Project Manager shall provide a report.

Well #18A: the DEP has contacted Administration. They are in the process of reviewing the permit. Confirmation has been given that the DEP Permit will be issued at the end of July.

Corrosion Control Update: was submitted to the DEP. Larson questioned if chemicals are being added to the water will be coming out the tap. The Township Utility Engineer answered no. This controls the PH of the water chemistry.

Alderisio questioned on the Hydrolic Analysis has there been any movement. The Township Utility Engineer answered that information is being gathered. It shall be populated shortly. Stimulations shall then be ran.

LEGAL
3a. Draft Ordinance; Appointment of Municipal Housing Liaison
Ordinance shall be introduced at the Public Meeting.

3b. Professional Services Agreements; Township Professionals
The Business Administrator went over each contract individually noting the changes.

Roth questioned the legal entity the Township is contracting with as Boswell-McClave Engineering. The Township Attorney answered Stephen T. Boswell of Boswell McClave Engineering. Roth questioned if we are contracting with an individual or a company. The Township Attorney answered the individual is a representative of the company. Roth questioned is our contract is with the corporation. The Township Attorney answered he is unsure if the Company is a corporation. Mr. Cassissi of Boswell McClave Engineering explained the entity is Boswell McClave Engineering doing business as Boswell McClave Engineering. The individual is the name of the person named by the Township as the Municipal Engineer. Roth pointed out the contract is with the Company not the individual. The Township Engineer answered the

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July 13, 2006
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contract is written as Stephen T. Boswell of Boswell McClave Engineering as the President of that entity. He further stated Boswell McClave Engineering is providing the services through Kevin Boswell and Michael Kelly. Larson agrees with Roth that there has to be a legal entity with the corporate indicator at the end. The Township Attorney answered the letterhead says Boswell McClave Engineering which is the legal entity. Kidd pointed out the contract is between the Township and Stephen T. Boswell. DiGiulio interjected that the Township Attorney shall correct the contract to read Boswell Engineering Inc. DBA Boswell McClave Engineering by Stephen T. Boswell. .

3c. Draft Ordinance; Establishment of Community Cable Television Committee
Ordinance shall b e introduced at the Public Meeting.

ADMINISTRATION
4a. Authorization to Award Bid #MTB-06-16: Police Vehicles Purchase/Trade In
Resolution shall be voted on in the Public Meeting.

4b. Authorization to Award Quote; Miscellaneous Plumbing and Heating Repairs – June, July and August 2006
Resolution shall be voted on in the Public Meeting.

4c. Authorization to Execute Contract Between County and Township; Bergen County Municipal Park Improvement and Land Acquisition Program – Commodore Perry Park Improvements
Resolution shall be voted on in the Public Meeting.

4d. Authorization to Execute Agreement Between Township and Rockland County Solid Waste Management Authority; Renewal of Recycables Delivery Agreement
Resolution shall be voted on in the Public Meeting.

4e. Bergen County Interlocal Agreement; Darlington School House Preservation
Resolution shall be voted on in the Public Meeting.

4f. Capital Bond Ordinance Amendment; Phase 5 Sewer Project
Ordinance shall be introduced in the Public Meeting.

4g. Extension of Grace Period; Third Quarter Tax Payments
Resolution shall be voted on in the Public Meeting.

TOWNSHIP COUNCIL and MUNICIPAL CLERK
5a. Taxi Driver License Applications
1. Robert J. Wurster
2. Leevand Planter
Resolutions shall be voted on in the Public Meeting.

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5b. Eagle Scouts
1. Jonathan T. Pirog
2. Timothy J. Pirog
Resolutions shall be voted on in the Public Meeting.

Mayor Martel shall read Proclamations in the Public Meeting.

5c. Rezoning Ordinances – Discussion of Meeting Dates; August 3 or Alternate Date of August 17
Council concurred the Special Work Session Meeting shall be held on August 22, 2006 at 7:30PM in the Senior Center to discuss zoning issues. The Business Administrator shall provide materials for this meeting to the Council by the end of July.

5d. Appointment of Ad-Hoc Committees
DiGiulio asked Councilmembers if there were any Committees they would like to be on.
Ordinance/Codification: Allan Kidd
Intergovernmental : John DaPuzzo, Roy Larson and Rob Hermansen
Transportation: Sam Alderisio
Liaison to the Chamber of Commerce: John DaPuzzo
Housing: Sam Alderisio
GIS: John DaPuzzo
Beautification: Lisa DiGiulio
Cable Franchise Renewal: John Roth, Robert Hermansen and Roy Larson
Communications: John Roth

Roth questioned if Mr. Gary Paton could be on the Cable Franchise Renewal Committee. The Township Attorney shall check.

5e. Council Appointment to the Housing Commission
Resolution appointing Sam Alderisio shall be voted on in the Public Meeting.

CLOSED SESSION
6a. Monthly Litigation Report
Council did not go into Closed Session.

PUBLIC SESSION
APPROVAL OF BILLS AND CLAIMS
On a motion by DaPuzzo, seconded by Roth, the Bills and Claims, previously signed totaling $5,360,426.09, were approved. Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DiGiulio, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.




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July 13, 2006
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APPROVAL OF MEETING MINUTES:
On a motion by Roth, seconded by Alderisio, the Work Session of May 4, 2006 and the Closed Session of May 18, 2006 were approved. Roll call vote: Alderisio, yes; Roth, yes to May 18th and abstain on May 4; DiGiulio, yes; Motion carried.

On a motion by DiGiulio, seconded by Alderisio, the Work Session Meeting Minutes of June 1, 2006 were approved. Roll call vote: Alderisio, yes; Roth, yes; DiGiulio, yes. Motion carried.

On a motion by Roth, seconded by DiGiulio, the Public Meeting Minutes of May 11, 2006 were approved. Roll call vote: Alderisio, abstain; Roth, yes; DiGiulio, yes. Motion carried.

MAYOR’S PROCLAMATIONS
Due to the late hour, Mayor Martel waived the reading of the two Proclamations: Eagle Scout – Jonathan T. Pirog and Eagle Scout - Timothy J. Pirog.

PUBLIC PORTION
On a motion by Roth, seconded by Hermansen, the meeting was opened to the public at 11:00PM. All in favor. Motion carried.

Mrs. Stephanie Derrig of Miller Road questioned if the Meeting on August 22nd will be opened to the public. DiGiulio answered yes.

Mr. Albert Kidd of 851 Darlington Avenue questioned who is going to own the property where the Darlington School House is located. The Business Administrator answered the New Jersey Trail Conference and the Township will jointly own the property.

On a motion by DaPuzzo, seconded by Hermansen, the meeting was closed to the public at 11:09PM. All in favor. Motion carried.

RESOLUTION
See Resolution #031-06A, attached to and made part of these Meeting Minutes.

ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 24 OF THE TOWNSHIP MUNICIPAL CODE ENTITLED “ZONING” TO PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL HOUSING LIAISON TO ADMINISTER THE TOWNSHIP’S AFFORDABLE HOUSING PROGRAM AND TO ENFORCE REGULATIONS PROMULAGATED PURSUANT TO THE FAIR HOUSING ACT.

RESOLUTION - ORDINANCE NO. 1551


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July 13, 2006
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Introduced by DaPuzzo, 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 August 10, 2006 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the Municipal 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; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DiGiulio, yes.

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE ESTABLISHING A COMMUNITY CABLE TELEVISION COMMITTEE IN THE TOWNSHIP OF MAHWAH.

RESOLUTION – ORDINANCE NO. 1552

Introduced by Roth, seconded by Hermansen.

RESOLVED that the Ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said Ordinance shall be considered for final passage at a meeting to be held on July 27, 2006 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the Municipal 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; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DiGiulio, yes.

* * *
The title of an Ordinance was read as follows:
BOND ORDINANCE AMENDING BOND ORDINANCE #1507 OF THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY FINALLY ADOPTED ON JUNE 23, 2005 IN ITS ENTIRETY.


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RESOLUTION – ORDINANCE NO. 1553

Introduced by Roth, seconded by DaPuzzo.

RESOLVED that the Ordinance be passed and adopted on first reading.

FURTHER RESOLVED that the said Ordinance shall be considered for final passage at a meeting to be held on August 10, 2006 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the Municipal Clerk shall publish the Ordinance with notice of introduction, passage, and time and place where said Ordinance will be considered for final passage.

Roll call vote: Alderisio, yes; DaPuzzo, yes; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DiGiulio, yes.

CONSENT AGENDA
Resolutions #034(1 through 11)-06A, #035-06A, #036-06A and #039-06A were removed from the Consent Agenda and voted on separately. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #032-06A, #033-06A, #037-06A, #038-06A, #040-06A through #046-06A were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

MISCELLANEOUS
DaPuzzo referred to grant money in the amount of $400,000 for bike paths in the area of the Hovenkorf bridge. He is requesting the matter be discussed. DiGiulio will place on an Agenda in September.

On a motion by Roth, seconded by Hermansen, the meeting was adjourned at 11:35PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk







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