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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, NOVEMBER 14, 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 14, 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 DaPuzzo at 8:05PM, DiGiulio, Kelly, Paton and Spiech.
Absent: Councilmembers Calandrillo and Richter.

Also present were Mayor Richard J. Martel, Business Administrator Brian Campion at 8:15PM, Township Attorney Meneloas Toskos and Municipal Clerk Kathrine Coletta.

PRESENTATION OF PLAQUE BY HISTORIC PRESERVATION COMMISSION TO EAGLE SCOUT TRINT ATWOOD
MJ Drago and Barbara Shanley, members of the Historic Preservation Commission, presented Eagle Scout Trint Atwood from Boy Scout Troop #50 with a plaque honoring him for staining the Quackenbush barn.

Council President Spiech presented Eagle Scout Atwood with a Township pin.

APPROVAL OF BILLS AND CLAIMS
On a motion by Kelly, seconded by Paton, the Bills and Claims, previously signed, totaling $5,160,128.29, were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes. A list of Bills and Claims is on file in the Municipal Clerk’s Office.

REPORT OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Paton attended the Halloween Parade. Suggestion was made to have the Parade on the Saturday before Halloween so more young children could attend.

Paton complained the paving on May Court was not coordinated with the residents in the area and the schools. Mayor Martel responded a letter was sent to the Superintendent of Schools asking the students be informed.

Spiech attended the Senior Citizen’s Luncheon.



Spiech informed Council letters were sent to religious organizations throughout the Township regarding religious displays.

REPORT OF MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel reported at the last Council Meeting on a meeting which would be held by the Flood Commission in Oakland. The date of the meeting will be on Saturday, November 16, 2002 at 9:00AM. In attendance at the meeting will be the Oakland Flood Commission, their Environmental Consultant, Officials from the Township of Mahwah, County Legislator Ellen Jaffe and Mr. Andy Haggerty, former Mayor of Suffern.

Mayor Martel referred to the Council Meeting where Council discussed denying the display of a menorah during the Hanukkah season. The Mayor informed Council he is going to allow the display of the menorah. The Mayor further added he feels this action falls under the Mayor’s authority. The Mayor recommended the Township Council continue to meet with religious organizations within the Township to discuss this issue further. The Mayor explained the menorah will be provided to the Township and be displayed at the same location as the holiday tree. Mayor Martel ended by saying, he is taking it upon himself, as Mayor, to allow the display of the menorah.

Spiech clarified the Township Council did not say they would not allow the display of the menorah but rather that the Township Council would research the matter and whether all religious organizations would be included. Mayor Martel responded the residents present at the meeting were given the impression the Township Council was saying no to the display of the menorah. Spiech further clarified the Township Council wanted to ensure that no one was left out.

The Business Administrator attended the Northwest Bergen Open Space Meeting. The meeting is being continued to December 7, 2002. Grant applications are still being accepted.

MAYOR’S PROCLAMATION
Mayor Martel read a Proclamation entitled “Mahwah Family Week”.

PUBLIC PORTION
On a motion by DiGiulio, seconded by Kelly, the meeting was opened to the public at 8:17PM. All in favor. Motion carried.

Mrs. Ruth Rodriguez of 897 Darlington Avenue complained about buses parking by the Darlington Schoolhouse. She asked the Council for help in having New Jersey Transit no longer stop the Leisure Line and Coach USA buses at the location.


Mrs. Lee Vold of East Slope Road disputed information that the remaining property at Silver Creek could be used for recreational use. Mrs. Vold pointed out the unused portions of the property are wetlands. Paton interjected that he was the Councilmember who indicated more could be done with the property at Silver Creek. Paton added there is a multitude of block and lots which the Board of Education is retaining for future use. Paton concluded by saying he was suggesting contact be made to the Board of Education on the property not being used. DaPuzzo added while he was liaison to the Board of Education this discussion was brought up. A straw poll of the Board of Education Members was taken. The unanimous decision of the Board of Education was they were not interested in buying, selling or leasing any part of the property adjoining Silver Creek. Paton requested the straw poll of the Board of Education be researched as to what was actually asked. DiGiulio pointed out while she was on the Recreation Facilities SubCommittee, the SubCommittee was looking for property and met with the Superintendent of Schools. The Superintendent of Schools was approached about the property adjoining Silver Creek and responded in no way is the property for sale. Spiech reminded Council in the future a meeting will be held with the Board of Education and the matter could be discussed further.

Mr. Bill Borra of 21 Great Hall Road requested a copy of the Steep Slope Ordinance. Spiech explained a copy will be available in the Municipal Clerk’s Office after the Ordinance is introduced tonight. Mr. Borra questioned when the public hearing will be held. Spiech answered sometime in December. Mr. Borra questioned whether a study was done in the Township to determine the percentage of properties in the Township that will be effected. Mr. Borra further said he is concerned about the homes and businesses that will be impacted by the Ordinance. Spiech explained the Township ran a modeling of an existing home been built or was approved by the Planning Board. The Township Engineer at the Council Meeting last week showed what the differences would be. The home could have still been built but would have been shifted slightly.

Attorney for residents at 71 Midvale Mountain Road voiced his clients concerns on the proposed Ordinance. The Attorney referred to his client’s receiving a seal of approval given by the Planning Board on the property for residential development. The property owner, Mrs. Gentempo, explained she is concerned that now she may not be able to build on her property. DaPuzzo pointed out on the property deed is a note which explains there will be significant problems building on the property. DaPuzzo further explained the Planning Board approved the subdivision not the building lots. The Attorney for the property owners feels the Township should have considered waivers for residents effected by the Ordinance. The Township Attorney suggested the Attorney bring up the concerns at the public hearing.

Mr. Casey Simon on 34 Tudor Rose Terrace explained he will also be impacted by the Steep Slope Ordinance.

Mr. Herb Schlessinger of 14 Rio Vista Drive questioned whether it is the intent of the Council to hold the Ordinance in abeyance until such time as the Area Maps referred to in the Ordinance are prepared. Spiech responded he understood that the Maps are required when the lot is developed. Mr. Schlessinger disagreed.

Mr. John O’Grady of Midvale Mountain Road complained that once the Ordinance is put into effect, 95% of his property will be unbuildable.

On a motion by Kelly, seconded by DaPuzzo, the meeting was closed to the public at 8:40PM. All in favor. Motion carried.

ORDINANCES - INTRODUCTIONS
The title of an Ordinance was read as follows:

AN ORDINANCE AMENDING CHAPTER V OF THE MUNICIPAL CODE ENTITLED “ANIMAL CONTROL” TO ADD A NEW SECTION 5-6 ENTITLED “LICENSING OF CATS”.

RESOLUTION - ORDINANCE NO. 1428

Introduced by Paton, seconded by Kelly.

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 December 5, 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: Calandrillo, absent; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, absent; Spiech, yes.

DaPuzzo left the dias at 8:42PM.

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE FOR THE REGULATION OF DEVELOPMENT WITHIN STEEP SLOPE AREAS.

RESOLUTION - ORDINANCE NO. 1429

Introduced by Paton, seconded by Spiech.

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 December 19, 2002 at the Municipal Offices, 300B Route 17 South, Mahwah, New Jersey at 8:00PM.

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

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

DaPuzzo returned to the meeting at 8:45PM.


CONSENT AGENDA
Resolutions #170-02A through #183-02A were voted on under the Consent Agenda and are attached to and made part of these Meeting Minutes.

NEW BUSINESS
Resolutions #184-02A through #187-02A and the Raffle Application for the HSO Joyce Kilmer were voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

REPORT OF SUBCOMMITTEES
Paton reported the Communications SubCommittee recently met with a software company.

COUNCIL COMMENTS/COMMUNICATIONS
Spiech referred to an Ordinance in the Township which prohibits the posting of signs on telephone poles. He has noticed many political signs on telephone poles. Spiech feels the Township should not have to pay our employees to remove the signs. He recommended those who put up the signs, remove them. Otherwise, the Township shall charged those persons for the DPW’s time.

PUBLIC PORTION
On a motion by DiGiulio, seconded by DaPuzzo, the meeting was opened to the public at 8:47PM. All in favor. Motion carried.

Mr. Pete Wendrychowicz of the Board of Education thanked the Council for deeding the property to the Board of Education.

On a motion by Kelly, seconded by DiGiulio, the meeting was closed to the public at 8:48PM. All in favor. Motion carried.

Spiech reminded the Council the next Meeting is a Work Session and Public Meeting on December 5, 2002.

On a motion by Kelly, seconded by DiGiulio, the meeting was adjourned at 8:49PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk




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