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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, OCTOBER 2, 2003

The meeting was called to order at 8:00PM by Council President Richter who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 14, 2003 stating this meeting would be held on Thursday, October 2, 2003 at 8:00PM in the Council Chambers at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey.

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, DaPuzzo, DiGiulio (at 8:04PM); Kelly, Paton, Richter and
Spiech.

Also present were Mayor Richard Martel, Business Administrator Brian Campion at 10:05PM, Township Attorney Nulifer DeScherer until 10:09PM, Township Attorney Menelaos Toskos at 10:09PM, Township Engineer Kevin Boswell, Township Engineer’s Representative Michael Kelly, Township Utility Engineer Justin Mahon, Township Utility Engineer’s Representative Vishal Shah and Deputy Municipal Clerk Margaret L. Kennedy.

SUBMISSION OF BILLS AND CLAIMS
Councilmembers were asked to contact Administration with any questions on the Bills and Claims prior to the October 9, 2003 Public Meeting.

PRESENTATION OF SURVEY RESULTS; CABLE ADVISORY COMMITTEE
Paton introduced members of the Cable Advisory Committee. Mr. John Roth, member of the Committee, thanked Mrs. Denise Storms and Business Administrator Brian Campion.

Mr. Roth stated 10,000 Cable Surveys were mailed and 3,000 residents responded. Mr. Roth presented a Power Point presentation of the results from the survey. The survey included suggestions from the Cable Advisory Committee, such as Township Bulletin Board Channel and considering live telecast of Town Council Meetings. From the results, it was found there are six districts in the Township that had more problems with cable. The Committee recommended a future survey should be completed by Cablevision and should find out the problems in the six districts.

A copy of the Cable Survey is filed in the Township Clerk’s Office.

Richter said the Council will digest the information as presented this evening.

Paton said formal meetings will be held in January. He thanked Mr. Gary Shaw, from Cablevision for attending this evening’s meeting.

Work Session Meeting Minutes
October 2, 2003
Page 2


ADMINISTRATION
4d. Mayoral Appointments
1. Environmental Commission
2. Planning Board
Mayor Martel welcomed Mr. Wenger and Mr. Roth to their respective boards and introduced them to the Council.

Individual Resolutions shall be prepared for the Public Meeting of October 9, 2003.

PRESENTATION; POLICE DEPARTMENT ADDITION; SMRT
Mr. Philip Kaminsky, President and Mr. Richard Kowalski, Professional Engineer of SMRT Architects and Planners were present. They presented a Power Point presentation of the various projects they have completed from libraries to jails.

Mr. Kaminsky said they do a Sample Project budget including soft cost. A Senior Team is brought to the project.

Spiech asked the number of change orders from various projects done in the passed. Mr. Kaminsky said the average of two percent of the cost, excluding what the owner has changed.

Paton asked with the technical expertise the company has, what skills have to be bid out. Mr. Kaminsky said they do not employ Civil Engineers and they would have to be contracted.

DaPuzzo asked if they are on budget with the job they are doing in Cumberland. Mr. Kaminsky said the Saddle Brook job, they don’t know yet, the Jail is on budget and Police Department is under budget.

Mr. Kowalski said they plan to give a realistic price to begin with. DaPuzzo questioned who owns the plans. Mr. Kaminsky said the Town would own the plans. DaPuzzo stated the Town would own the Conceptual Plans. Mr. Kaminsky, said the Township would own the plans and ideas.

Calandrillo questioned the design fee. Mr. Kaminski said the fee would be $14,950, plus printing, travel to and from, federal express and phone calls.

Richter asked if there would be an alternative plan. Mr. Kowalski said they would work with the Township to bring the costs down.

Richter thank Mr. Kaminsky and Mr. Kowalski for their presentation and time.


Work Session Meeting Minutes
October 2, 2003
Page 3


Township Attorney Nulifer DeScherer left the meeting at 10:09PM.
Township Attorney Menelaos Toskos arrived at the meeting at 10:09PM.

PUBLIC PORTION (30 MINUTES)
On a motion by Spiech, seconded by Calandrillo, the meeting was opened to the public at 10:12PM. All in favor. Motion carried.

On a motion by DaPuzzo, seconded by Calandrillo, the meeting was closed to the public at 10:12PM. All in favor. Motion carried.

LEGAL
3b. Dedication of Street to Township; Peterson Place
The Business Administrator said a deed was presented to the Township, but the road has not been accepted by the Township.

The Township Engineer said the road does not meet Township standards.

DiGiulio asked who maintains the roads. Township Attorney said the Department of Public Works does not maintain the road.

Mr. Ted Makowski of Peterson Place stated the owners living on Peterson Place pay $100,000 a quarter for taxes to the Township, and receive no services whatsoever. In order to get pot holes fixed, Mr. Makowski requested the Township Road Department to fix the road.

The Business Administrator said the Estate of Tillie Sidorski tendered the deed to the Township, but the Township did not accept it.

The Township Attorney recommended an ordinance on the vacation of Peterson Place. Kelly asked if a chain can be placed across the road. The Township Attorney said yes.

Calandrillo requested information from the Township Attorney and the Business Administrator.

Richter told Mr. Makowski the Clerk’s Office will notify him when this item will be placed on another meeting.

ENGINEERING (Boswell-McClave)
1a. Route 202 Recreation Facility; Request for Approval to Adjust Contract Amount
Removed



Work Session Meeting Minutes
October 2, 2003
Page 4


ENGINEERING (Boswell-McClave) Continued
1b. Darlington Associates; Center Core - Stages 1 and 2
Township Engineer stated he met with Mr. Herbert Schlesinger of Darlington Associates. The outstanding items shall be completed by October 31, 2003. The Landscaping design was picked up at the Construction Department. The landscaping shall be completed by October 31, 2003.

Township Engineer said work will be completed at Manor Road.

Spiech questioned the guiderails. Township Engineer stated the guiderails will be modified to meet the detail for the project.

Kelly requested a Weekly Status Report from the Township Engineer. Township Engineer shall provide.

1c. Proposal; Stream Cleaning of Ho-Ho-Kus Brook from Pendleton Road to Fardale Avenue
Township Engineer said letters are going out to the property owners. This item is on hold until they have the reports.

1d. Written Status Report
Spiech questioned Church Street curbs. Township Engineer’s Representative said the work will be completed in the 2003 Road Program.

MA-599 Striping of W. Ramapo Avenue at Ridge Road
Kelly is happy the striping has been completed, but said it was not worth the paint. Township Engineer’s Representative said he will ask the DOT for additional signage.

DiGiulio questioned speeding on town roads and in particular McIntosh Road. The Business Administrator will look into and place on the next Work Session Meeting.

Richter left dias at 10:45PM.
DaPuzzo took over meeting at 10:45PM.

TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie)
2a. Cragmere Water Pressure; Continued Discussion
DaPuzzo questioned the number of homes and what is below the State and how much would it be to put in place.

Township Utility Engineer said would it be cost effective to put in a pumping system.



Work Session Meeting Minutes
October 2, 2003
Page 5


Richter returned at 10:48PM.
DaPuzzo left at 10:48PM.

Paton asked if the residents need new connections to the street. Township Utility Engineer stated you would need to survey the properties.

Kelly questioned how would the pumps be protected. Township Utility Engineer stated the pumps could be placed in the basement, but they make a humming noise. Kelly questioned how many companies make this pump and asked the Township Utility Engineer if he has been in a house with a pump like this.

DaPuzzo said the Township knows the water pressure has nothing to do with the water mains. DaPuzzo asked to get the list of homes that are less than 400 psi. Mahon agreed.

Spiech said one of our professionals said you could increase the pressure by raising the tank. He continued saying the Mahwah Road Tank could be raised to 140 feet and residents do not want the tank.

Kelly asked how long has the Mahwah Road Tank been not working. Township Utility Engineer said 1971 and said the pressure would be the same as the Nilsen Water Tank.

Kelly questioned what the refurbishing costs would be. Township Utility Engineer said a Wetlands Permit would be needed to complete the application.

LEGAL
3a. Amend Chapter II of the Township Code; Administration (Closed Session)

3b. Dedication of Street to Township; Peterson Place
Discussed earlier in the meeting.

3c. Towing Ordinance
Ordinance will be introduced at the Public Meeting of October 9, 2003.

3d. Lease Agreement Ordinance; Center for Food Action
The Township Attorney stated the property is owned by the Board of Education, therefore, no Ordinance is required.

Richter said the Board of Education will go forward with the lease agreement for the Center for Food Action.


Work Session Meeting Minutes
October 2, 2003
Page 6


LEGAL (Continued)
3e. Temporary Signs; Discussion
Ordinance will be introduced at the Public Meeting of October 9, 2003.

ADMINISTRATION
4a. Eagle Scout; Christopher Ryan Brennan
Proclamation and resolution shall be prepared for the Public Meeting of October 9, 2003.

4b. Resident Request; Oweno Road Cul-de-sac
Paton feels the problem on the side roads is due to the fact people are coming off the main highways.

On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public at 11:29PM. All in favor. Motion carried.

Mr. Paul Ramirez of 90 Oweno Road was present. Mr. Ramirez told Council that every day people speed down their road and is a matter of time before something will happen.

Richter said the Council will keep it in mind.

DiGiulio said maybe we may need to close the roads.

Spiech asked if a chain can be installed legally. The Township Attorney stated a temporary closure of a street can be done.

Richter asked the Business Administrator for a list of streets being a real hazard. The Business Administrator shall provide.

On a motion by Kelly, seconded by Calandrillo, the meeting was closed to the public at 11:42PM. All in favor. Motion carried.

4c. State Contract Award Extension; #T-1316: Telecommunications Equipment - Wired
Resolution shall be prepared for the Public Meeting of October 9, 2003.

4d. Mayoral Appointments
1. Environmental Commission
2. Planning Board
Discussed earlier in meeting.



Work Session Meeting Minutes
October 2, 2003
Page 7


ADMINISTRATION (Continued)
4e. Local Assistance Board; Discussion
The Business Administrator stated the County has taken over the welfare cases for the Township. Calandrillo stated that at the last Local Assistance Board Meeting they wish to continue with the Board for a continued personal approach for the residents.

The Business Administrator said the Ordinance will need to be amended. Council concurred.

4f. 2003 Capital Budget Amendment
The Business Administrator shall prepare a memo for Council explaining the Amendment to the Capital Budget prior to the Public Meeting of October 9, 2003.

Resolution shall be prepared for the Public Meeting of October 9, 2003.

4g. Municipal Court; Additional Staff
The Business Administrator said there are a large number of DWI cases over the 60 day deadline. It is the recommendation of Judge Gianni and concurrence from Judge McGeady from the County to hire a temporary Judge and temporary Prosecutor for Special Sessions which will be heard on Fridays. He continued by saying the funding will come out of the DWI Trust Fund, and monies can be used for that.

Paton stated there would be no benefits. The Business Administrator said yes, they would be paid per diem. Paton asked if the Municipal Court Office will require new Clerks. The Business Administrator said the Municipal Court has a part-time person but would like to get a full time person.

TOWNSHIP COUNCIL/MUNICIPAL CLERK
5a. Raffle Application; Center For Food Action in New Jersey Inc. (Casino Night)

APPROVAL OF RAFFLE APPLICATIONS
Center For Food Action in New Jersey Inc. (Casino Night)
On a motion by Spiech, seconded by Kelly the Raffle Application for Center For Food Action in New Jersey Inc. (Casino Night) was approved. Roll call vote: Calandrillo, yes; DaPuzzo, recused; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

Mahwah Schools Foundation (Chinese Auction)
Mahwah Schools Foundation (50/50 Raffle)
On a motion by Spiech, seconded by Calandrillo, the Raffle Applications for Mahwah Schools Foundation (Chinese Auction) and Mahwah Schools Foundation (50/50) were approved. Roll call vote: Calandrillo, yes; DaPuzzo, recused; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.


Work Session Meeting Minutes
October 2, 2003
Page 8

TOWNSHIP COUNCIL/MUNICIPAL CLERK (Continued)
Township of Mahwah DARE Alliance Committee Inc. (On-Premise 50/50)
On a motion by Spiech, seconded by Kelly, the Raffle Application for Township of Mahwah DARE Alliance Committee Inc. (On-Premise 50/50) was approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

COUNCIL COMMENTS/COMMUNICATIONS
Spiech requested the resolution for Mahrapo Farms be sent to everyone that Mr. Abattamarco from Bergen County copied on his letter.

Spiech suggested there should be temporary handicapped parking for the seniors.

Richter told the Council the Chamber of Commerce will host an open house at the Municipal Offices, Thursday, October 9, 2003 from 5:30PM to 7:30PM.

Richter reminded Council if there are any resolutions that they wish to send to the League of Municipalities they are requested by October 24, 2003.

DiGiulio recommended forwarding the resolution for the Senior Rent Increase be forwarded to the League of Municipalities.

The Business Administrator stated one item is not on the agenda this evening, but wished to have a resolution on the Public Meeting of October 9, 2003 to Award the Bid for the Metal Storage Building. The Bid Opening is scheduled for Wednesday, October 8, 2003.

Richter said the Mahwah Museum will sponsor a fund raiser at the Crocker Mansion on Monday, October 20, 2003 at 8:00PM.

Kelly said the Transportation Sub-Committee Meeting scheduled for Monday, October 6, 2003 at 7:30PM has been canceled. The new date will be Monday, October 13, 2003.

CLOSED SESSION
On a motion by Spiech, seconded by DaPuzzo, Council went into closed session at 12:00AM for the purposes of discussing Mahwah vs. Wells, Areh and Oshodi vs. Mahwah, Fahmie vs.Mahwah, D. Malone vs. Mahwah and Brennan vs. Mahwah. All in favor. Motion carried.

On a motion by Spiech, seconded by DaPuzzo, Council returned to open session at 2:00AM.

On a motion by Spiech, seconded by DaPuzzo, the meeting was adjourned at 2:00AM. All in favor. Motion carried.

Respectfully submitted,



Margaret L. Kennedy, RMC
Deputy Municipal Clerk




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