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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, NOVEMBER 7, 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, November 7, 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.

Salute to the Flag.

Present: Councilmembers Calandrillo at 8:02PM, DaPuzzo, DiGiulio at 8:07PM, Kelly, Paton, Richter and Spiech.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Engineer Kevin Boswell, Township Engineer’s Associate Michael Kelly, Township Utility Engineer Justin Mahon, Township Utility Engineer’s Associate Vishal Shah and Deputy Municipal Clerk Margaret Kennedy.

PUBLIC PORTION
On a motion by Richter, seconded by DaPuzzo, the meeting was opened to the public at 8:02PM. All in favor. Motion carried.

Mr. Ronald Roberto of 63 Thunderhead Place complained about the paving of his street. Mr. Roberto said the Paving Contractor paved over two feet of his property without installing stone and he would like some solutions. He recommends the Township not to release the bonds and wants the job done correctly. He continued by saying it rained and due to the height on the one side of his property he had a “pond” in his driveway. The Director of Public Works told the Contractor to hold up on the paving job and he did not.

The Business Administrator stated he spoke with the Director of Public Works and the Inspector working with Malcolm Pirnie. The contract was to restore the road as it was and stated there are no curbs in this area. The Director of Public Works said the work done was acceptable.

DaPuzzo questioned if Thunderhead Place could be included in the Curb Program. The Business Administrator replied money will be allocated in the 2003 Sidewalk Program.

The Business Administrator said the Contractor did the work as it was in the contract. The paving was done where the milling ended.


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November 7, 2002
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Spiech requested the Business Administrator report back to the homeowner.

Kelly recommended installing an asphalt berm. Spiech said Mr. Roberto should meet with the Township Engineer.

Mr. Peter Cassotis of 108 South Mahwah Road asked what will happen to the property on Airmont Avenue. Spiech stated the Council will not be making any decision tonight. Mr. Cassotis asked if the Township purchased the property directly from the Church. Spiech replied yes.

Mr. Steve Tsotsoros of Wyckoff Avenue complained about people parking along Wyckoff Avenue near Young World Day Care School. The people are blocking the driveways of the residents who live along Wyckoff Avenue. Mayor Martel said he will discuss this issue with the Police Department. Spiech questioned if there is “no parking” on Wyckoff Avenue. Richter recommended installing “do not block driveway” signs. Spiech asked if the Police are aware of the problem on Wyckoff Avenue. The Mayor answer yes. Spiech recommended Sgt. Sinneave do a Traffic Study at Wyckoff Avenue. Kelly recommended the Business Administrator to write a letter to the school as this is causing a traffic nuisance.

Mrs. Kathy Murray of 88 Bridle Path Lane stated in the Council Meeting Minutes of July 8, 1999 the Mayor was to form a Fact Finding Committee with regard to the Steep Slope Ordinance. Mrs. Murray stated recently a letter was written by Mrs. Coletta indicating that the Council has determined a Fact Finding Committee would not be formed. Mrs. Murray questioned why the Committee would not be formed. Spiech stated there is no need.

Mr. Peter DeKramer of 24 Devine Drive stated he heard Devine Drive was scheduled to be paved. He stated the top course has to milled, and if the road will be paved, he requested it be done correctly. The Business Administrator said Devine Drive is not on the list of roads to be paved.

Ms. Karen Strathapoulos of 387 Poet’s Way asked Rabbi Doug Drezin of Overlook Drive, Woodcliff Lake, New Jersey to speak on behalf of the Jewish population with regard to a Menorah. Rabbi Drezin stated the Menorah is not a religious symbol and over fourteen towns in Bergen County have a Menorah on town property. He has a petition of residents and non-residents requesting a Menorah be placed in front of the Municipal Building and stated the financial burden will not be borne to the Township.

Spiech stated the Township only has a holiday tree.



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November 7, 2002
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Richter stated she thought the Menorah represented a miracle and said it does have religious connotations and mentioned the long historical background.

Rabbi Drezin stated the Menorah is a symbol of the holiday and freedom and should be placed within the Township.

DiGiulio stated the Beautification Committee will be placing white lights on the Gazebo and the Winters Pond Bridge for this holiday season. She said possibly the Township could dedicate an area which could house various holiday symbols.

The Township Attorney stated this will open the door for all religious symbols to placed within the Township. At present, the Township has a holiday tree which has no religious bearing.

Paton suggest a committee be formed in order to make recommendations for next year.

Calandrillo stated the religious leaders could be contacted and request their input in order to represent all the religions. Calandrillo will contact Clerk’s Office.

DaPuzzo made a motion, seconded by Kelly, to approve a Menorah being placed in the Township. Roll call vote: Calandrillo, no; DaPuzzo, yes; DiGiulio, no; Kelly, yes; Paton, no; Richter, no; Spiech, no. Motion failed.

Paton made a motion, seconded by Calandrillo, to notify religious leaders and request a committee be formed and reply to Council in four to five months. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

Mr. John Constantine of 770 Claughton Island Drive, Miami, Florida and owner of property on Ramapo Valley Road feels there is no reason to have the Steep Slope Ordinance. He has read the proposed Ordinance and believes the Ordinance is covered under the existing codes. He feels the Steep Slope Ordinance should be tabled until a Committee is formed.

Mr. Steve Tsotsoros recommended the Menorah be placed on the property of Temple Beth Haverim.

On a motion by Calandrillo, seconded by DaPuzzo, the meeting was closed to the public at 9:35PM. All in favor. Motion carried.

Spiech recommended a five minute recess at 9:40PM. At 9:45PM, the meeting resumed.

The Business Administrator requested Mr. Martin Santini of Ecoplan be present to show Council

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November 7, 2002
Page 4


the proposal for interior floor pattern concepts for the Municipal Complex. Mr. Santini stated a Graphic Artist would be required to prepare the artwork. The size would be approximately 5'8" in diameter. Council concurred to use the Township Logo for the floor.

SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on the Bills and Claims was asked to contact Administration prior to the November 14, 2002 Public Meeting.

ENGINEERING (Boswell-McClave)
1a. Barlo Builders and Developers Inc.; Pond View Estates Subdivision; Concord Court; Block 91, Lots 12 and 13; Request for Release of Performance Guarantee (Dkt. #394)
The Township Engineer recommended release of the performance guarantees and applicant to install shade trees in the spring of 2003. Resolution shall be prepared for the November 14, 2002 Public Meeting.

1b. Hilltop Road and Airmont Avenue Intersection; Discussion
The Township Engineer showed Council the proposed plan for signalization at Hilltop Road and Airmont Avenue. The work will be completed between the County and the Township. The plan, as presented to the Council, showed the driveway for the Recreation Area which will not affect the final plan in any way. The Township will be responsible for engineering, obtaining right of ways and police coverage during construction. Spiech questioned the cost for this project. The Township Engineer said the Township would pay approximately fifteen cents on the dollar. The County will pay for the sidewalks.

The Business Administrator will notify the property owners of the proposal and include a copy of the map.

Kelly requested the letters be sent certified mail. The Business Administrator said the letters will be mailed certified and regular mail.

1c. Miller Road/Franklin Turnpike Site Plan; Request for Authorization of Services
1d. Winter Building Access; Request for Authorization of Services
The Business Administrator withdrew Items 1c. and 1d. Engineering fees will be covered under the existing engineering contract.

1e. Bayberry Estates; Authorization for Revocation of Performance Bond
The Township Engineer stated the developer has milled the street. Item removed from Agenda.



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November 7, 2002
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1f. Franklin Turnpike and Miller Road Intersection Improvement Plan
The Township Engineer reported that approximately three or four years ago the County appropriated $357,000 for road improvements to the intersection of Franklin Turnpike and Miller Road. The County seems very supportive in assisting the Township in a “street scope” program. Boswell suggested that Miller Road be changed to a one-direction, angled parking lot and take approximately 35 feet from Veterans Park to create a new Miller Road. The County is willing to fund between $3M and $5M for this project. The Township Engineer will have recommendations for the Council the first week in December. He continued by saying the Beautification Committee and Veterans are comfortable with this plan.

Calandrillo questioned with the change in Administration in the County, would the Township lose the money. The Township Engineer said it does not think that would happen.

Spiech questioned when the Planning Board will hear the “street scope” for the new Bank. Spiech recommended the Developer’s Agreement not be signed until the Town decides on the “street scope”.

1g. Underground Storage Tank; Fire Company #1; Additional Services
Spiech questioned if this is the last underground storage tank. The Business Administrator replied yes. However, there is one tank at Fire Company #4 that is being filled in. Resolution shall be prepared for the November 14, 2002 Public Meeting.

1h. Written Status Report
MA-107 Bike Path Program
Spiech asked status. The Township Engineer stated no work has been done.

MA-221 Township Library
Richter questioned status. The Township Engineer will give a status report at the next Council Meeting.

MA-239 Ramapo Valley Road Bridge Over Mahwah River
Spiech stated we are making progress. The Township Engineer stated a letter was sent November 1, 2002.

Kelly questioned Mahwah Honda. The Township Engineer said he will check tomorrow and letter will be sent to Administration.

Paton questioned the parking on Ridge Road and Island Road. The Township Engineer stated he met with Sgt. Sinnaeve regarding the striping on the one side of Ridge Road which is fine. The Township Engineer needs to go back and measure Island Road. The Township Engineer will

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November 7, 2002
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have to get back to Council.

MA-290 Fardale Avenue Culvert
DiGiulio questioned status. The Township Engineer stated bids are being picked up and the bid opening is scheduled for November 19, 2002.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Zumpano; 75 Ramapo Valley Road; Request for Release of Performance Guarantee (Dkt. #730)
The Township Utility Engineer stated the property is located across from Mahwah Bar and Grille. He stated the applicant will complete the outstanding items by Friday. Spiech asked if the property has been reinspected. The Utility Engineer answered no. Spiech recommended this item be carried.

2b. Additional Engineering Services; Malcolm Pirnie; 20 Inch Water Main (Closed Session)
This item will be discussed in Closed Session.

2c. Change Order; East Crescent Booster Station; Brocon (Change Order #2)
Spiech stated residents should be notified the water may be brown once everything is connected.
Resolution shall be prepared for the November 14, 2002 Public Meeting.

2c. Change Order; East Crescent Booster Station; Brocon (Change Order #3)
Paton asked if there are any additional charges for Malcolm Pirnie. The Utility Engineer replied no.

Spiech asked when the Booster Station will be turned on. The Utility Engineer replied between next Tuesday and November 20th. The Township will be on line November 25th. Spiech stated the Township will be with United Water effective November 25th. The Business Administrator replied correct. Resolution shall be prepared for the November 14, 2002 Public Meeting.

LEGAL
3a. Cat Licensing Ordinance; Discussion
Ordinance will be scheduled for introduction at the November 14, 2002 Public Meeting.

3b. Steep Slope Ordinance; Discussion
The Township Engineer stated the Steep Slope Ordinance regulates what you can build on a lot. The Township Engineer recommended that steep slope areas with a maximum of contiguous area of 200 square feet are not to be regulated by this ordinance.


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November 7, 2002
Page 7


Spiech asked Council if the consensus of the opinion is to incorporate the Township Engineer’s recommendation and introduce at the Public Meeting of November 14, 2002. Roll call: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes. Ordinance shall be introduced at the November 14, 2002 Public Meeting.

3c. Viola Contracting; Bond Company Take-Over Agreement (Closed Session)
Item to be discussed in Closed Session.

3d. Designation of Alternate Municipal Prosecutors
Resolution shall be prepared for the November 14, 2002 Public Meeting.

ADMINISTRATION
4a. Mayor’s Proclamation; Mahwah Family Week - November 24 through 30, 2002
Mayor’s Proclamation will be read at the November 14, 2002 Public Meeting.

4b. Change Order #1; MTB-02-13: Ridge Road Improvements; English Paving Company Inc.
Resolution shall be voted on later in this meeting.

4c. Change Order #1; MTB-02-25: 2002 Road Improvement; Tilcon New York
Resolution shall be voted on later in this meeting.

4d. Change Order #1; MTB-02-17: Stag Hill Drainage Improvements; Caro Corporation
Resolution shall be voted on later in this meeting.

4e. State Contract Award Extension; State Contract #T-0123: Tires and Tubes
The Business Administrator requested a resolution be passed this evening awarding the State Contract #T-0123. Council concurred.

4f. Resolution; Audit Comments and Recommendations
Resolution shall be prepared for the November 14, 2002 Public Meeting.

4g. Corrective Action Plan
Resolution shall be prepared for the November 14, 2002 Public Meeting.

4h. Resolution to Cancel Tax; 2 Tudor Rose Terrace; Block 21.07, Lot 25
Resolution shall be prepared for the November 14, 2002 Public Meeting.



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November 7, 2002
Page 8


4i. Resolution to Transfer Tax; Lake View Drive; Block 1, Lot 26
Resolution shall be prepared for the November 14, 2002 Public Meeting.

4j. Professional Services Agreement; Historic Preservation Consultant
Resolution shall be prepared for the November 14, 2002 Public Meeting.

4k. Change Order #7; Municipal Building; Daibes Brothers
Resolution shall be prepared for the November 14, 2002 Public Meeting.

4l. Change Order #8; Municipal Building; Daibes Brothers
Resolution shall be prepared for the November 14, 2002 Public Meeting.

4m. Extra Work Order #1; Municipal Building; Daibes Brothers
Resolution shall be prepared for the November 14, 2002 Public Meeting. Change Order to include increase of zero days.

4n. Award of County Contracts
1. Contract #01-63: Gasolines
2. Contract #01-64: Diesel Fuel
3. Contract #01-71: Concrete Sand and Grit
4. Contract #01-74: Fuel Oil #2
5. Contract #02-52: Rock Salt
Resolutions shall be voted on later at this meeting.

Spiech asked where the rock salt will be stored. The Business Administrator stated RAIA Industries is permitting the Township to rent the premises to store the rock salt at a minimum.
DaPuzzo wants to be certain when the rock salt is delivered at RAIA Industries it is not dumped, and it will be secured.

TOWNSHIP COUNCIL/MUNICIPAL CLERK
5a. Firefighter Applications
1. David A. Macri; Fire Company #4
2. William J. Gunther; Fire Company #1
3. George A. Schmidt; Fire Company #2
Above Resolutions shall be voted on later at this meeting.

5b. Raffle Applications
1. Immaculate Conception Church (On-Premise)
2. Immaculate Conception Church (On-Premise, 50/50)
3. Immaculate Conception Church (On-Premise)

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November 7, 2002
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5b. Raffle Applications (Continued)
4. Mahwah Schools Foundation (On-Premise)
Approval for Raffle Applications shall be considered later at this meeting.

RESOLUTIONS
Resolutions #159-02A through 161-02A were voted on separately. Resolutions #156-02A through 158-02A and Resolutions #162-02A through 169-02A were voted on Consent Agenda. Resolutions #156-02A through 169-02A are attached to and made part of these minutes.

Approval of Raffle Applications
On a motion by Calandrillo, seconded by Paton, the Raffle Applications for Immaculate Conception Church (On-Premise), Immaculate Conception Church (On-Premise, 50/50), Immaculate Conception Church (On-Premise) were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

On a motion by Calandrillo, seconded by Paton, the Raffle Application for Mahwah Schools Foundation (On-Premise) was approved. Roll call vote: Calandrillo, yes; DaPuzzo, recused; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

REPORT OF SUBCOMMITTEES
6a. Plaque; New Municipal Building (Calandrillo)
Council concurred with plaque information as presented. Calandrillo shall provide Administration with a clean copy.

6b. Holiday Decorations (DiGiulio)
DiGiulio read the Meeting Minutes of the Beautification Sub-Committee dated October 28, 2002. She stated the Beautification Sub-Committee received a pledge for $3,000.

COUNCIL COMMENTS/COMMUNICATIONS
DaPuzzo gave a Planning Board Report. He stated he questioned the Planning Board status of the loop road in Rio Vista and was told the Applicant is waiting DEP approval. Spiech asked DaPuzzo to keep Council updated.

DaPuzzo stated three councilmembers were to attend the Flood Control Management Meeting he being one of them. When he went to the meeting three councilmembers were in attendance and he had to leave. The reason he brought this item up is he would appreciate if councilmembers not present at meetings listen to the tapes so this would not happen again.

Richter stated the Board of Education passed a resolution for acceptance of the property the Township donated to them.


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November 7, 2002
Page 10


Spiech stated November 14th there will be a meeting for North West Bergen Open Space.

The Senior Citizens Thanksgiving Luncheon will be on November 14th.

Paton stated there will be a Cable/Communications Meeting on November 11th at 7:00PM.

Richter stated the Board of Education’s budget is $12.9 million. $3.3 million will be funded by the State and $9.6 million will be bonds.

CLOSED SESSION
On a motion by Calandrillo, seconded by Kelly, Council went into Closed Session at 12:15AM for the express purposes of discussing Pending Litigation; Additional Engineering Services - Malcolm Pirnie and the 20 Inch Water Main. All in favor. Motion carried.

On a motion by DaPuzzo, seconded by Kelly, Council returned to open session at 12:55AM. All in favor. Motion carried.

COMMENTS
The Business Administrator stated that three Junior Firefighters from Company #1 were in Pennsylvania with the Dive Team. They complained of stomach pains and went to the hospital to be checked. Kelly recommended the Business Administrator contact the Fire Chief regarding the Instructor having them doing too many dives.

On a motion by DaPuzzo, seconded by Kelly, the meeting was adjourned at 1:00AM. All in favor. Motion carried.

Respectfully submitted,



Margaret L. Kennedy, RMC
Deputy Municipal Clerk



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