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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, SEPTEMBER 26, 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 12, 2002 stating this meeting would be held at the Municipal Offices, 300B Route 17 South, Mahwah, New Jersey on Thursday, September 26, 2002 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.

Present: Councilmembers Calandrillo, DaPuzzo, DiGiulio at 8:10PM, Kelly Paton, Richter and Spiech.

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

RESOLUTIONS
Resolutions #114-02A through #116-02A are attached to and made part of these Meeting Minutes.

PRESENTATION OF RESOLUTIONS TO CHRISTY NELSON, MEGAN BOLLERMAN AND JAMES STATHOPOULOS FOR 2002 USA NATIONAL JUNIOR OLYMPICS PARTICIPATION
Council President Spiech presented Christy Nelson, Megan Bollerman and James Stathopoulos individually with Resolutions honoring their achievements.

Mayor Martel presented each with a Township pin.

INTRODUCTION OF NEW POLICE OFFICERS
Police Chief James Batelli introduced Police Officers Brendan Mullin and Klaus Stewen to the Mayor and Township Council. The Chief informed the Council the officers currently rank in the top 5% of the recruits presently at the Academy.

Mayor Martel swore in each of the officers and presented them with their badge.

PRESENTATIONS; AWARDS TO POLICE OFFICERS
Police Chief James Batelli and Captain William Koyak presented various awards to Police Officers for their on the job achievements.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Kelly, the Bills and Claims, previously signed, totaling $2,249,302.20, 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 Paton, seconded by DaPuzzo, the Work Session Meeting Minutes of August 22, 2002 were approved. Roll call vote: Calandrillo, abstain; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

REPORT OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Calandrillo congratulated the Recreation Committee for doing an excellent job on Mahwah Day.

Calandrillo reported the Local Assistance Board is in need of food certificates.

DaPuzzo complimented the Recreation Committee on doing a great job on Mahwah Day. DaPuzzo noted participation in the 5K run has increased.

DiGiulio attended Mahwah Day. She complimented the Recreation Director on coordinating a great day.

DiGiulio reported the Center for Food Action is looking for property to build a building.

Kelly congratulated all who were involved in Mahwah Day.

Paton thanked the Recreation Committee for doing a great job on Mahwah Day.

Spiech thanked the Recreation Committee, Recreation Director and DPW for doing an excellent job on Mahwah Day.

Spiech attended the Library Board Meeting. The Board is waiting for the work on the air conditioning and heating system to be finished.

Spiech congratulated the Municipal Clerk on obtaining her Certificate in Public Service Administration from Fairleigh Dickinson University.

Kelly reminded everyone Saturday, October 12, 2002 is Emergency Services Day at the Law and Public Safety Institute on Campgaw Road.

DiGiulio suggested Emergency Services Day be videotaped and the tape given to the Library.

Spiech attended the Watershed Management Area 3 Meeting.

Spiech attended the Senior Citizen’s Luncheon today. The luncheon was well attended.

REPORT OF MAYOR AND MUNICIPAL CLERK
Mayor Martel congratulated the Municipal Clerk on receiving her Certificate.

Mayor Martel thanked everyone involved for a successful Mahwah Day.

Mayor Martel thanked Councilman DaPuzzo for attending the 5K Run in his absence.



Mayor Martel reported the Center for Food Action has a piece of property which they are considering for a location for their building. It is too premature to disclose the location of the property.

Mayor Martel complimented the Police Department on the excellent job they do. He pointed out the Township Police Department is considered one of the best in the County and the State.

MAYOR’S PROCLAMATION
Mayor Martel read a Proclamation entitled “Trick-or-Treat for UNICEF” - October 31, 2002.

GENERAL PUBLIC DISCUSSION
On a motion by DiGiulio, seconded by Paton, the meeting was opened to the public at 8:40PM. All in favor. Motion carried.

Mr. Joe Woefel of 1 Jersey Avenue complained the water main project in his area has been going on for over a year and questioned when the project will be completed. Mr. Woefel also complained about an area of the woods next to his property that was cleared out. The property leads to the Ramapo River and is frequently used by dirt bike riders and ATV riders. Mr. Woefel is concerned as he has 3 small children. The Business Administrator explained the DPW has been directed to clean up the debris in the area of Jersey Avenue. A guard rail is scheduled to be installed from 1 Jersey Avenue to the chain link fence. The large mound will be removed when the guard rail is installed. The Business Administrator went on further to explain some streets involved in the project have been paved. However, the streets where the 20 inch mains were installed were not paved as the Township is awaiting installation of the laterals. Thereafter, the streets will be paved.

The Business Administrator suggested an Ordinance be considered to regulate ATV’s and contact be made to the DPW to plant trees in the area.

Mayor Martel explained the police have responded to calls from residents about ATV’s and dirt bikes. Once the police arrive, they follow the vehicles so far and then the cars cannot longer follow the vehicles due to the terrain of the property.

Mr. Tom Pedersen of 6 Jersey Avenue suggested the Township use four wheel drive vehicles.

Mayor Martel suggested the Council consider an Ordinance to confiscate ATV’s or dirt bikes that operate on private or Township property without the permission of the property owner.

Ms. Elyssa Rosenberg of 2 Jersey Avenue bought her property 3 years ago because she was attracted to the wooded area near her home. Not long after moving in a fence was erected. She suggested a fence be installed closer to the bridge so there cannot be access to the bridge.

Mr. Tom Pedersen of 6 Jersey Avenue complained about the debris, concrete, macadam, etc. that has been dumped into the river. Administration shall investigate.

Paton suggested surrounding towns be notified of our problem with ATV’s and dirt bikes. Mayor Martel responded this has been done.

Paton suggested an angle iron be installed to prevent entry onto the bridge.

Mr. Tom Pedersen of 6 Jersey Avenue complained about the situation with his street. Mr. Pedersen requested the Township repair the road and his property that has been destroyed as a result of the water main work.

DiGiulio suggested the bridge be blocked and the police beef up their patrols in the area.

Spiech suggested Councilmembers go visit the site.

Mrs. Irma Santaiti of 243 Airmont Avenue complained about the Airmont Avenue Ballfield. She feels there is already one recreation field on Airmont Avenue and there does not need to be another. Mrs. Santaiti requested answers to her letters dated August 14, 2002 and September 10, 2002.

Mrs. Gretchen Heaney of 282 Airmont Avenue questioned when Mrs. Santaiti is going to get answers to her letters of August 14, 2002 and September 10, 2002. Spiech suggested Mrs. Saitiai contact the Municipal Clerk’s Office.

Mr. Ward Donigian of 172 Stephens Lane cited the Maser Report which clearly states the Township does need additional recreation fields.

Mr. George Wagner of 26 Bartholf Lane complained about the dust problem on the Commodore Perry Field. He asked for help from the Township to reduce the dust. Administration shall contact the DPW.

Mr. Wagner pointed out he lives next to a recreation field and a parking lot with lights on it. He feels the neighborhood is great.

On a motion by Calandrillo, seconded by DaPuzzo, the meeting was closed to the public at 9:30PM. All in favor. Motion carried.

Kelly requested in the future when particular properties are discussed a copy of the Tax Map page showing the area the property is located be included for the Council.

ORDINANCES - PUBLIC HEARINGS
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 1330 AND PROVIDING FOR THE ACQUISITION AND DEVELOPMENT OF LAND AT BLOCK 19, LOT 6 ON RAMAPO VALLEY ROAD IN MAHWAH, NEW JERSEY.

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

Being no comments were made from the public, the meeting was closed to the public. All in favor. Motion carried.

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

RESOLUTION - ORDINANCE NO. 1426


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

Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 1362.

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

Being no comments were made from the public, on a motion by DiGiulio, seconded by DaPuzzo, the meeting was closed to the public. All in favor. Motion carried.

Paton suggested the Block and Lot of the property be included in the Ordinance. Council concurred. Township Attorney determined the change was minor. The Municipal Clerk was directed to include the Block and Lot information to the Ordinance. It was determined the Ordinance does not require full publication as the addition was considered minor.

On a motion by DaPuzzo, seconded by Calandrillo, the Resolution, as amended, was passed and adopted:

RESOLUTION - ORDINANCE NO. 1427

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

Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

CONSENT AGENDA
Resolutions #123-02A and #129-02A were removed from the Consent Agenda and voted on separately. Resolutions #117-02A through #121-02A, #124-02A through #128-02A and #130-02A through #132-02A and the Raffle Applications for the HSO Commodore Perry School Mahwah were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

RESOLUTION
Resolution #133-02A, the Municipal Clerk shall hold the Resolution until the Certificate As To Availability of Funds is received from the Township Chief Financial Officer. Thereafter, Resolution shall be attached to and made part of these Meeting Minutes.




NEW BUSINESS
Approval of Raffle Applications
On a motion by Kelly, seconded by DiGiulio, the 3 Raffle Applications for the Mahwah School Foundation were approved. Roll call vote: Calandrillo, yes; DaPuzzo, recused; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

PUBLIC PORTION
On a motion by DaPuzzo, seconded by Richter, the meeting was opened to the public at 9:43PM. All in favor. Motion carried.

Being no comments were made from the public, on a motion by Richter, seconded by DaPuzzo, the meeting was closed to the public at 9:44PM. All in favor. Motion carried.

REPORT OF SUBCOMMITTEES
Recreation Facilities SubCommittee
DaPuzzo reported the Recreation Facilities SubCommittee has tentatively set a meeting for October 11, 2002 to finalize the plans on the Airmont Avenue Recreation Field.

DaPuzzo referred to his motion at the last meeting on the plaque for Continental Soldiers Park. He requested his previously made proposal be rescinded. DaPuzzo requested 2 weeks to return back to the Council to discuss the proposal further.

Municipal Building SubCommittee
Calandrillo asked the completion date of the new Municipal Building. The Business Administrator answered the contractor is projecting substantial completion by the end of December. Spiech requested clarification. The Business Administrator answered the top course paving of the parking lot may not be completed. The Mayor interjected the building will be ready for the Certificate of Occupancy by the end of December. The Business Administrator answered the move in date is scheduled for the end of January, 2003.

Paton expressed concern over the building being substantially complete. Paton is concerned about raised drains, etc. and the safety of those on the property.

Transportation SubCommittee
Kelly referred to three documents he circulated to the Council on the Transportation SubCommittee. He is awaiting responses from the individuals. It is expected a meeting of the SubCommittee will be in mid-October.

Kelly stated meetings of the Transportation SubCommittee are open to the public at any time.

Beautification SubCommittee
DiGiulio reported the Beautification SubCommittee received one donation. Thinking about the holidays, a booklet on holiday decorations has been received which will be circulated.

DiGiulio questioned whether the Council wishes to decorate the gazebo and small tree at Winters Pond for the holidays. Township Attorney will provide Council with the ruling on holiday decorations.


Kelly suggested the family that previously decorated the tree at Winters Park be contacted on if they intend to decorate the tree this year.

Cable SubCommittee
Paton advised a Cable SubCommittee Meeting is scheduled for October 19, 2002. If any Councilmembers are interested in attending let him know.

Cable Advisory SubCommittee
Paton explained he has collected information which he will forward to the Township Attorney. Spiech suggested members of the public become involved.

COUNCIL COMMENTS/COMMUNICATIONS
Paton questioned whether any action has taken place on Mountain Avenue. The Business Administrator responded he has reviewed the file and gave a report to the Township Attorney. The Township Attorney reported he has reviewed the report from the Business Administrator. The Township Attorney has since spoken with the Business Administrator and Township Engineer and a Stop Work Order will be issued tomorrow.

DiGiulio questioned whether any penalty will be issued to the developer. The Township Attorney answered permits were issued to do the work so there are no penalties.

Kelly received a telephone call from a resident on Lawrence Road about the First Union Bank being built on the corner of Lawrence Road and Franklin Turnpike. The resident is concerned the large trees being removed from the property. Spiech answered the trees could be part of the Site Plan. Suggestion was made for the resident to call Administration tomorrow. Administration will direct the Township Engineer to go to the site.

Calandrillo thanked whoever was responsible for painting over the paint that spilled onto Ridge Road.

Paton urged all to go to the Mahwah Museum to see the Farming In The Past Exhibit.

The Business Administrator reported the Fall Newsletter will be going out next week.


Spiech reminded Council they have until October 31st to decide what nights they are attending the League of Municipalities. Thereafter, if they commit to dates and change their mind and the Township is billed they will be billed.

Spiech questioned the status of the Danza property. The Township Attorney answered the Township received the Title Search. Presently, the Township is waiting for Danza to file the Subdivision Map.

Spiech questioned the status on Eastern Concrete. The Township Attorney answered the Township is waiting on the DEP. The property owner has written a letter to the Township requesting release of the performance bonds.


Spiech spoke on the request of the Pond Meadows Condominium Association to have traffic control devices installed and enforcement of Title 39. The Municipal Clerk shall send a letter to the Association advising them once they agree to comply with the Township Police Department’s recommendation on the DOT concerns, the Township will proceed with the request.

Spiech reminded Council the JIF Class on the Public Employee Liability Insurance is this Saturday in Westwood.

Spiech reported he received a packet of information on the Flood Control Program on the Ramapo River. Item will be discussed at the next Work Session Meeting.

Spiech questioned security at the Continental Soldiers Park. The Business Administrator reported this item was discussed at the Weekly Job Meeting. At the end of every day, the workers are placing barrels at the entrance of the field to deter entry. The Business Administrator reported any mulch not necessary for the job is being removed.

Spiech suggested a memorandum be written to the Environmental Commission suggesting the trees which are not attractive to gypsy moths be planted up on on State, County and Township property.

Spiech questioned what is happening with United Water. The Business Administrator answered the pump is installed and connected. The Township is waiting for the electrical connection and the generator. The Business Administrator answered the contractor has been directed to proceed with the second part of the job of installing the 12 inch line up to Apple Ridge Boulevard. The work should be completed this fall. The Township Utility Engineer shall discuss further at the October 3, 2002 Work Session Meeting. Kelly recommended authorization not be given to do a temporary hook up. Kelly suggested the Township wait the 30 days.

Spiech suggested any Councilmember with suggestions for the 2003 Budget contact Administration in memorandum form.

On a motion by Richter, seconded by DaPuzzo, the meeting was adjourned at 10:30PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk




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