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AMENDED: 1/29/03
TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, DECEMBER 19, 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 in the Municipal Offices, 300B Route 17 South, Mahwah, New Jersey on Thursday, December 19, 2002 at 8:00PM.

Notice 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, DaPuzzo, DiGiulio at 8:15PM, Kelly, Paton, Richter and Spiech.

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

PROMOTION; POLICE DEPARTMENT
Mayor Martel administered the Oath of Office to Detective Captain Stephen Jaffe.

APPROVAL OF BILLS AND CLAIMS
Kelly requested Voucher #02-4200: Tri State Technical Services for $2,670.00 and Voucher #02-4610: James Batelli for $30.74 be held. Police Chief James Batelli, Fire Chief Bruce Virgens and representatives from both Ambulance Corps. will be asked to attend the next Council Meeting to discuss further.

On a motion by Paton, seconded by Richter, the Bills and Claims, previously signed, totaling $4,075,186.70, were approved with the exception of the above mentioned two vouchers. 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 Calandrillo, seconded by Richter, the Closed Session Meeting Minutes of November 7, 2002, Public Meeting Minutes of November 14, 2002, Closed Session Meeting Minutes of December 12, 2002, Work Session Meeting Minutes of December 12, 2002 and Public Meeting Minutes of December 12, 2002 were approved. Roll call vote: Calandrillo, abstained on Public Meeting Minutes of November 14, 2002 and yes to remaining; DaPuzzo, yes; DiGiulio, abstain; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

REPORT OF COUNCIL AND MUNICIPAL CLERK
Calandrillo reported the Local Assistance Board met. General Assistance cases have increased. There is a need for food certificates.

Calandrillo wished everyone a happy holiday.

DaPuzzo wished everyone a happy holiday.

DiGiulio attended several seminars at the League of Municipalities Convention. She attended a Communications Seminar on E-mail received by Councilmembers. The League is working on guidelines which will be forwarded to the municipalities.

DiGiulio attended the Senior Citizens Holiday Luncheon. She said the luncheon was well attended.

DiGiulio wished everyone a happy holiday and a Happy New Year.

DiGiulio referred to article in the newspaper recently about the Council’s discussion on the menorah. She was quoted in the paper inaccurately. She explained the Council unanimously voted not to address the issue this year and to contact religious leaders within the Township for their input.

Kelly - no report.

Paton referred to a letter received from Cablevision on a rate increase effective February 1, 2003. He requested it be made clear to the public the Council has nothing to do with the increase. Paton explained the Cable Franchise Renewal Agreement will be looked into in the new year.

Paton wished everyone a happy holiday and a Happy New Year.

Richter reported at the Board of Education Meeting the Superintendent of Schools thanked the Council for allowing him to speak at the Council Meeting last week.

Richter informed Council an organization within the Township, CAM, made a presentation at the Board of Education Meeting. CAM is requesting the Board of Education change the voting hours for School Elections. The Board of Education responded they will look into the matter next year.
Richter reported the Special Referendum Election will be on March 11, 2003 from 3:00 to 9:00PM instead of on January 28, 2003.

Richter wished everyone a Merry Christmas and a happy holiday.

Spiech attended the Army Corps of Engineer’s Meeting on Flood Control in Suffern on December 3, 2002.

Spiech attended several seminars on environmental issues while attending the League of Municipalities Convention.

Spiech attended the Senior Citizens Christmas Luncheon. The seniors are looking forward to having their luncheons in the new building.


Spiech explained on the request to display the menorah it was the consensus of the Council to send letters to religious organizations. To date, five replies have been received.

Spiech wished everyone a Happy New year and a happy and safe holiday.

Municipal Clerk wished everyone a happy holiday from herself and her staff.

REPORT OF MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel informed Paton the Township of Wayne has set up a committee on cable. Information has been requested which will be shared with Paton once received.

Mayor Martel wished everyone a happy holiday and prosperous New Year.

Business Administrator attended a meeting last week with the Director of Public Works on Orange and Rockland’s proposal to erect a new substation at the end of Ridge Road on Darlington Avenue in Ramsey. Further meetings will be held throughout the new year. Spiech questioned if the structure will be above ground. The Business Administrator answered it will be below ground.

Calandrillo questioned when the remainder of the leaves will be picked up. The Business Administrator answered the Department of Public Works expects to finish this Saturday.

Mayor Martel recently met with Mayor-Elect Muti. Mayor Muti is interested in attending a Council Meeting to address the Council. Mayor Martel will also be attending a Ramsey Meeting to address the Ramsey Council on concerns of the Township. Mayor-Elect Muti will be placed on the January 2, 2003 Council Agenda. Paton suggested the Darlington Avenue and Ridge Road light be discussed with Ramsey.

GENERAL PUBLIC DISCUSSION (30 MINUTES)
On a motion by Kelly, seconded by Calandrillo, the meeting was opened to the public at 8:27 PM. All in favor. Motion carried.

Ms. Jan Weiss of 62 Fisher Road informed Council the JCRC of Bergen and North Jersey is a resource available if the Council is interested in receiving information. Spiech suggested Mrs. Weiss provide the Business Administrator with the contact name and telephone number.

On a motion by Kelly, seconded by Paton, the meeting was closed to the public at 8:32PM. All in favor. Motion carried.

ORDINANCES - PUBLIC HEARINGS
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”.



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

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

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

RESOLUTION - ORDINANCE NO. 1428

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, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

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

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

The Township Attorney informed Council when the Ordinance was reviewed by the Planning Board and the Township Engineer changes were suggested. The Township Attorney is recommending the changes be adopted as amendments. The first is Section 24-19.4a1, section 1 “or within 100 feet of fresh water as defined by “Surface Water Quality Standards, N.J.A.C. 7:94.1 et seq.” shall be deleted and “as defined in the N.J.A.C.” shall be added. Secondly, in Section 24-19.4 c “or within 100 feet of fresh water as defined by “Surface Water Quality Standards, N.J.A.C. 7:9-4.1 et seq.” shall be deleted and “as defined in the N.J.A.C.” shall be added. Also added shall be in Section 24-19.9, “or upon reviewing the information submitted by the requesting party in accordance with the slope measurement criteria set forth in Section 24-19.3 of this Chapter”. Lastly, added shall be “BE IT FURTHER ORDAINED if any section, subsection, paragraph or subparagraph of this Ordinance is declared invalid for any reason by any Court with proper jurisdiction, then such section, subsection, paragraph or subparagraph, shall be deemed severable and such invalidation shall not affect the remaining portion of the Ordinance”. The Township Attorney has deemed the above changes are minor.

DiGiulio questioned if there is any project that has been started or received approval that will be effected. The Township Attorney answered no. The Township Attorney further stated if a Building Permit was issued the project will not be effected. However, if a Building Permit was not issued, then the project would be effected.



Mr. Herb Schlessinger of 14 Rio Vista Drive referred to Section 24-19.9 of the Ordinance. Mr. Schlessinger suggested this section of the Ordinance should be eliminated.

Mr. Rick Marchesi of Split Rock Road was present at the Council Meeting of July 1999 when the first Steep Slope Ordinance was withdrawn. At the meeting, the Mayor suggested a Subcommittee be formed. At that time, Mr. Marchesi asked to be on the Subcommittee. To date, no contact has been made. Mr. Marchesi feels this Ordinance affects the entire Township.

Mr. Jay Atkins, attorney for the Constantine Family, questioned the need for the Ordinance. Mr. Atkins pointed out the Planning Board regulates the development and an applicant is required to show how the property would be developed.

Mr. George James, Professional Planner, spoke on behalf of the Constantine’s. Mr. James pointed out various concerns he has with the Ordinance.

Mr. Carl Rizzo, attorney for Mr. Patrick Gentempo of 71 Midvale Mountain Road, referred to the letter he forwarded to the Council on the Ordinance. Mr. Rizzo explained Mr. Gentempo purchased the property in June of 2002 at which time a subdivision was granted. Mr. Rizzo went on further to say the Planning Board made very strict restrictions which required the resolution be included in the deed, which according to Mr. Rizzo was not done. His client’s property is 25% higher in slope which would mean the lot is unbuildable. Mr. Rizzo continued that the Ordinance does not allow for any hardship variances. Mr. Rizzo suggested the Ordinance be tabled until further study takes place.

Mrs. Kathy Murray of 88 Bridle Path Lane questioned why the Subcommittee was not formed. Spiech answered the initial Ordinance covered property located in the C-200 zone. This Ordinance covers the entire Township. Spiech further explained the Mayor was to forward the names of people to be on the Subcommittee to the Council. No names were received. Mrs. Murray feels the residents were not listened to. Mrs. Murray feels if a Subcommittee was formed, all residents could be heard. Mrs. Murray suggested the Council table the Ordinance, form the Subcommittee and then proceed.

Mr. Bruce Whitaker is concerned about what this Ordinance will do and the problems that could result. Mr. Whitaker feels a Subcommittee should be formed and the Council should table the Ordinance.

Mr. Greg Haner of 10 Split Rock Road attended the Council Meeting in 1999 when the Ordinance was first introduced. Mr. Haner is disappointed the Ordinance is at this stage without the residents being informed. Mr. Haner offered to be on the Subcommittee and was never contacted.

Mr. Dick Greene of Sun Valley Farms on Ramapo Valley Road pointed out the Ordinance will turn private lands in useless property. Mr. Greene feels the Planning Board and Professionals should be enforcing the existing Ordinances. Mr. Greene questioned the Subcommittee to be formed. Mr. Greene suggested the Ordinance be withdrawn and Council start over after a Subcommittee has the opportunity to address some of the issues.

Mr. John Constantine of Miami Florida and property owner on Ramapo Valley Road feels the Ordinance as it stands now will seriously devalue the property which he owns. Mr. Constantine asked the Council to reconsider the Ordinance.

Mr. Rick Marchesi of Split Rock Road said the Ordinance should be rethought and in his opinion withdrawn. Mr. Marchesi recommended the Council form the Subcommittee.

Mr. Kevin Boswell, Township Engineer, showed an exhibit with two different slopes as identified in Ordinance #1429. One was a 15% slope and the other was a 25% slope. The Township Engineer showed how the homes could be constructed on both slopes.

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

DiGiulio made a motion to table the Ordinance. Motion withdrawn.

DiGiulio made a motion, seconded by Paton, to withdraw the Ordinance. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

Councilmembers Calandrillo and DaPuzzo left the meeting at 10:23PM.

Council took a 5 minute recess at 10:23PM.

Council resumed the meeting at 10:25PM.

CONSENT AGENDA
Resolutions #215-02A through #233-02A, #235-02A through #237-02A were voted on under the Consent Agenda. Resolutions are attached to and made part of these meeting minutes.

Resolution #234-02A was removed from the Agenda.

RESOLUTIONS
Resolutions #238-02A and #239-02A were voted on individually and are attached to and made part of these meeting minutes.

NEW BUSINESS
Resolutions #240-02A and #241-02A were voted on individually and are attached to and made part of these meeting minutes.

PUBLIC PORTION
On a motion by Kelly, seconded by Spiech, the meeting was opened to the public at 10:26PM. All in favor. Motion carried.

Being no comments were made from the public, on a motion by Kelly, seconded by DiGiulio, the meeting was closed to the public at 10:27PM. All in favor. Motion carried.

REPORT OF SUBCOMMITTEES
Beautification SubCommittee: DiGiulio questioned the plans for Veteran’s Park. She was contacted by a property owner who is concerned about the plans being done without his being contacted. DiGiulio assured the property owner those in the area will be notified. The Business Administrator interjected he spoke with the property owner and informed him no action is being taken at this time.

COUNCIL COMMENTS/COMMUNICATIONS
Spiech said the members of the Council on the Steep Slope SubCommittee will be Councilmembers DaPuzzo, Kelly and Paton.


On a motion by DiGiulio, seconded by Richter, the meeting was adjourned at 10:35 PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk




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