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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, JUNE 13, 2002

The meeting was called to order at 8:00PM by Council President Spiech who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 20, 2001 stating this meeting would be held in the Council Chambers of the Municipal Offices at 300B Route 17 South, Mahwah, New Jersey on Thursday, June 13, 2002 at 8:00PM.

Salute to the Flag.

Present: Councilmembers DaPuzzo, DiGiulio, Donigian, Omsberg, Richter and Spiech.
Absent: Councilwoman Calandrillo

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Meneloas Toskos and Municipal Clerk Kathrine Coletta.


APPROVAL OF BILLS AND CLAIMS
On a motion by DaPuzzo, seconded by Richter, the Bills and Claims, previously signed, totaling $3,428,526.98, 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 Omsberg, seconded by Richter, the Public Meeting Minutes of April 25, 2002, Work Session Meeting Minutes of May 2, 2002, Closed Session Meeting Minutes of May 2, 2002, Public Meeting Minutes of May 9, 2002, Closed Session Meeting Minutes of May 9, 2002, Work Session Meeting Minutes of May 16, 2002, Closed Session Meeting Minutes of May 16, 2002 and Closed Session Meeting Minutes of May 23, 2002 were approved. Roll call vote: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, yes; Richter, abstained on Public Meeting Minutes of May 9, 2002 and Closed Session Meeting Minutes of May 9, 2002 and yes to remaining; Spiech, yes. Motion carried.

REPORT OF COUNCIL AND MUNICIPAL CLERK
DaPuzzo attended the Board of Education Meeting on June 5th. Fifty seven awards were given out.

DaPuzzo attended the Mahwah Schools Foundation Meeting. Over $21,800 in mini grants were awarded. The 2001 Audit was approved.

DiGiulio attended the DARE Graduation this past Friday. She thanked the Police Officers, parents and teachers for the success of the students.



Donigian attended the Intergovernmental Meeting with Ramsey on June 6th. Among the issues discussed were the Vaughn Drive Sewer Connections and the Lift Station. Another meeting will be held on June 20th.


Donigian reported the next Recreation Facilities SubCommittee Meeting on the Airmont Avenue property will be held on June 17th.

Omsberg reported the Library hopes closure will come on the problems with the HVAC System before the hot weather is here.

Omsberg gave a Planning Board Report citing the various actions of the Planning Board.

Omsberg reminded everyone Flag Day is tomorrow.

Spiech thanked the DPW and Recreation Commission for their work on the Memorial Day Parade.

Spiech attended the DARE luncheon. The turnout was excellent.

Spiech attended the Senior Citizens Luncheon today. The residents in the area of State Street are questioning what is happening with the street.

REPORT OF MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel reported this past Saturday Trout Unlimited held a Nature Day on the property off of Halifax Road.

The Scandinavian Day was held at Ramapo College on Saturday. The event was well attended.

Mayor Martel attended the DARE Luncheon.

Mayor Martel attended the Senior Citizens Luncheon today.

Mayor Martel reported the work on the municipal building is progressing.

Mayor Martel received a letter from Police Chief Batelli that Detective Captain Ray McGill will be retiring. The Mayor further added the Detective Captain has been an exemplary Police Officer in the Township. The Mayor=s Office will handle the preparation of a plaque to be presented to Detective Captain McGill.

PRESENTATION BY TOWNSHIP ENGINEER ON ROUTE 202 RECREATION FIELD
The Township Engineer distributed to Council the plan for the Route 202 Recreation Field. The Township Engineer went on further to state the summary of goals on the concept of the design.

The Township Engineer pointed out 12 trees which are between 4 and 10 inches in diameter were removed. The maple trees on the north side of the property and a 20 foot wide strip of trees to the

east of the soccer field will be saved. The copper beech tree was examined by a tree expert. It is estimated that the tree has a life expectancy of 5 years or more. The tree expert did recommend the pine trees be removed as they are known to be lightning attractors.

Spiech recommended Councilmembers go to the site to view the trees in question.

Spiech requested the tree expert examine the copper beech tree and provide an estimate on the cost to prolong the life of the tree.

Donigian requested the Township Engineer provide the Council with an overlay showing the trees which shall remain.

Color of Entrance Sign
Council concurred the color of the entrance sign shall be gold on green.

GENERAL PUBLIC DISCUSSION
On a motion by Omsberg, seconded by Spiech, the meeting was opened to the public at 8:50PM. All in favor. Motion carried.

Mr. Bob McCurr of 241 Mountain View Drive presented the Municipal Clerk with a petition which was signed by 748 residents. The petition urges the Council to go forward with the fields as planned.

Mrs. Audrey Artusio of 214 Miller Road was gratified to hear the discussion of the Council on the trees at the Route 202 field. Mrs. Artusio felt consideration should have been given to the trees when the placement of the field was designed. Mrs. Artusio suggested any trees not in the area to be developed be saved.

Mr. Mark Goodfriend of 146 Fisher Road questioned the need for lights on the Airmont Avenue field. He suggested the evening usage of the fields be reviewed.

Mrs. Carole Greene of 57 Youngs Road spoke on behalf of the Historic Preservation Commission and the Mahwah Historic Society. Mrs. Greene read into the record a memorandum from the Historic Preservation Commission recommending the Route 202 Recreation Field be named Continental Soldiers Park. Mrs. Greene went on further to say the Mahwah Historic Society also favors the name of the Route 202 Recreation Field being named Continental Soldiers Park.

Mr. Phil Omsberg of 5 Halifax Road questioned the buffer in the area of the ponds. The Township Engineer responded the transition area has been sent to the DEP. A survey was done on the property. The property has been staked. The Township Engineer offered to walk the property with Mr. Omsberg and re-verify the placement of the stakes.

Mr. Omsberg further spoke on the lights and he feels the lights are only needed for adults and not the kids. Mr. Omsberg feels the lights are unnecessary.



Mr. George Wagner of 26 Bartholf Lane read a letter into the record which states several organizations within the Township endorse the name Continental Soldiers Park for the name of the Route 202 Recreation Field.

Mr. Peter Desotis of 107 South Mahwah Road feels the Township needs the fields.


Mrs. Kathy Murray of 88 Bridle Path Lane is concerned about accountability on the Route 202 Recreation Field Project. Mrs. Murray questioned the water retention pond location. The Township Engineer advised Mrs. Murray that the area when the water retention pond has originally been located was shifted 20 feet.

Mrs. Murray also spoke on her concern that the emergency access road will become a secondary entrance to the park rather than just for emergency purposes.

Mrs. Murray requested assurance that the lights at the Route 202 Recreation Field will be turned off by 8:00PM. Spiech answered that the Council discussed the Lighting Ordinance and the lights will be turned off at 9:00PM with the exception of football games which will be held 6 times per year, where the lights will remain on until 11:00PM.

Mrs. Murray expressed concern over the public address system.

Mr. Rick Hartigan of 5 Tartan Road thanked the Council for all the expert advice they sought. Mr. Hartigan thinks the Council has done a great job.

Mr. Don Marks of 202 Van Winkle Lane clarified that the issue of the lights on the field in no way intended to be against the children of the Township. Mr. Marks asked the Council to reconsider their investment in the Airmont Avenue Recreation Field. He feels this field is very expensive.

Mr. Paul Meola of 64 Tam-O-Shanter Drive asked the Council to move forward and provide the fields for the children. Mr. Meola further went on to thank the Council for addressing the needs of the children.

Mr. Bob Helm of 22 Green Way feels the Township needs the fields and asked the Council to move ahead.

On a motion by DaPuzzo, seconded by Omsberg, the meeting was closed to the public at 10:28PM. All in favor. Motion carried.

ORDINANCES - INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING SECTION 2-26 OF THE TOWNSHIP CODE ENTITLED FEES FOR COPIES OF DOCUMENTS.


RESOLUTION - ORDINANCE NO. 1419

Introduced by DaPuzzo, seconded by Richter.

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 June 27, 2002 at the Municipal Offices, 300B Route 17 South, 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: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, yes; Richter, yes; Spiech; yes.

* * *
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $3,421,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,249,950. BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

RESOLUTION - ORDINANCE NO. 1420

Introduced by Omsberg, seconded by DaPuzzo.

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 June 27, 2002 at the Municipal Offices, 300B Route 17 South, 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: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, yes; Richter, yes; Spiech, yes.

* * *
The title of An Ordinance was read as follows:
BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $500,000 FOR CONSTRUCTION OF A NEW MUNICIPAL BUILDING INCLUDING ORIGINAL

FIXTURES, EQUIPMENT AND FURNISHINGS IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $475,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATION.

RESOLUTION - ORDINANCE NO. 1421

Introduced by Richter, seconded by DaPuzzo.

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 June 27, 2002 at the Municipal Offices, 300B Route 17 South, 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: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, yes; Richter, yes; Spiech, yes.

* * *
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT TO RECREATION FIELDS IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $2,550,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,422,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

RESOLUTION - ORDINANCE NO. 1422

A motion was made by Omsberg to table Ordinance No. 1422. No second.

Introduced by Richter, seconded by DaPuzzo.

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 June 27, 2002 at the Municipal Offices, 300B Route 17 South, 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: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, no; Richter, yes; Spiech, yes.

ORDINANCES - PUBLIC HEARINGS
The title of an Ordinance was read as follows:
2002 SALARY ORDINANCE

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

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


On a motion by DiGiulio, seconded by Richter, the following resolution was passed and adopted:

RESOLUTION - ORDINANCE NO. 1417

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

Roll call vote: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, yes; Richter, yes; Spiech, yes.

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING ACQUISITION OF AN EASEMENT OVER AN EIGHTY BY FORTY FOOT PORTION OF BLOCK 127, LOT 3

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

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

On a motion by DaPuzzo, seconded by DiGiulio, the following resolution was passed and adopted:

RESOLUTION - ORDINANCE NO. 1418

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: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Donigian, yes; Omsberg, yes; Richter, yes; Spiech, yes.


CONSENT AGENDA
Resolutions # 159-02, #160-02, #162-02 through #174-02, #176-02, #177-02, #180-02 were voted on under the Consent Agenda. Resolutions are attached to and made part of these meeting minutes.

Resolution #163-02 was removed from the Agenda and carried for discussion at the June 20, 2002 Work Session Meeting.

Resolution #161-02, #175-02 and #178-02 were removed from the Consent Agenda and voted on individually.

NEW BUSINESS
Resolution #179-02 was voted on individually and is attached to and made part of these meeting minutes.


PUBLIC PORTION
On a motion by Omsberg, seconded by DaPuzzo, the meeting was opened to the public at 10:43PM. All in favor. Motion carried.

Mr. George Wagner of 26 Bartholf Lane thanked the Council for their support in naming the Route 202 Recreation Field Continental Soldiers Park.

Spiech announced the Ground Breaking for the Route 202 Recreation Field will be on Sunday, June 30th at 12 Noon.

Mr. John Kelly of 238 Miller Road requested Administration keep track of the water pressure in the Cragmere area.

On a motion by DaPuzzo, seconded by Richter, the meeting was closed to the public at 10:50PM. All in favor. Motion carried.

CLOSED SESSION
On a motion by DaPuzzo, seconded by Richter, Council went into closed session at 10:51PM for the express purpose of discussing potential litigation. All in favor. Motion carried.

On a motion by Omsberg, seconded by DaPuzzo, Council returned to open session at 11:20PM. All in favor. Motion carried.

Omsberg left the meeting at 11:20PM.

COUNCIL COMMENTS/COMMUNICATIONS
DaPuzzo brought up about a joint meeting between the Council, Board of Education, Planning Board and Zoning Board of Adjustment. Council concurred the meeting would be held sometime in October.


Richter questioned whether fire department teams playing softball are covered by the Township insurance. Administration shall check with the Risk Manager.

Spiech requested Councilmembers forward their comments on the Lighting Ordinance to the Township Attorney.

On a motion by DaPuzzo, seconded by Richter, the meeting was adjourned at 11:25PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk



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