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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, DECEMBER 11, 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 November 7, 2003 stating this meeting would be held on Thursday, December 11, 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, DiGiulio (at 8:02PM), Kelly, Paton, Richter and Spiech.

Absent: Councilman DaPuzzo.

Also present were Business Administrator Brian Campion, Mayor Richard J. Martel (at 8:05PM), Township Attorney Menelaos Toskos, Township Engineer Kevin Boswell, Township Engineer’s Representative Michael Kelly, Township Utility Engineer Justin Mahon (at 9:10PM), Township Utility Engineer’s Representative Vishal Shal (at 9:10PM) and Deputy Municipal Clerk Margaret L. Kennedy.

PUBLIC PORTION (30 MINUTES)
On a motion by Calandrillo, seconded by Paton, the meeting was opened to the public at 8:02PM. All in favor. Motion carried.

Mr. Albert Kidd of 851 Darlington Avenue questioned Township employees having part time jobs and he understands this is under investigation. He asked the Township Attorney the difference between nonfeasance and malfeasance. Township Attorney explained difference; malfeasance means you are doing something wrong and nonfeasance is that a person does nothing.

Mr. Albert Kidd questioned the Mayor if any action was taken with regard to the part time employment of several employees working for the Township. The Mayor said the Business Administrator can answer this. The Business Administrator answered the personnel files have been reviewed with regard to the outside employment of the three individuals that work in the Construction Department. Calls have been made to other municipalities where they have employment. A letter was sent to Mr. Allan Kidd and also copied to Council. Also a letter was sent to the Bergen County Prosecutor’s Office since Mr. Kidd stated in a letter sent to the town, he felt that an adequate investigation could not be made by the municipal representatives.




Work Session Meeting Minutes
December 11, 2003
Page 2

Mr. Albert Kidd asked if the Council has reviewed the Property Maintenance Code. Spiech said there are three copies of the code in the Municipal Clerk’s Office. Mr. Kidd said Property Maintenance employees can walk on ones property, without owners knowledge, and said he feels they need a search warrant. He feels this is unconstitutional. He feels Council should review the code. Mr. Kidd told Council about a person living in town, that has been collecting junk for over 30 years. He was given notice to rid the property of junk in 30 days. He feels there should be some compassion.

Mr. Allan Kidd of 111 Miller Road questioned investigation of Mr. John Lane and the other employees in the Construction Department that have part time jobs. Richter stated this issue has already been addressed and he may speak with Mr. Albert Kidd and/or pick up a copy of the minutes.

On a motion by Calandrillo, seconded by Paton, the meeting was closed to the public at 8:12PM. All in favor. Motion carried.

SUBMISSION OF BILLS AND CLAIMS
The Business Administrator stated a memo was sent from the Finance Director that the list of Bills and Claims will be available the first of next week. Any questions may be addressed to Administration prior to the Public Meeting of December 18, 2003.

ENGINEERING (Boswell-McClave)
1a. Cragmere Drainage Proposal; Continuation of Discussion
Township Engineer gave Council a proposal dated December 8, 2003 and Feasibility Study dated October 28, 2003. Suggestion at this time to do Areas A, B and C. Areas K, L and M are intertwined. The area of Micik Lane caused a large back up. An inventory of the pipes and the inverts, and the conditions of the pipes will be completed. There is an old culvert near the railroad which causes much backup.

Kelly questioned the Areas of K and L, if there is an easement. Township Engineer said part is, but part is not. Spiech said it was the trolley lane.

Kelly asked what may happen with Area J. Township Engineer said they are looking into doing the most at this time that will help.

Spiech questioned if Areas K, L and M would be done first. The Township Engineer said yes. Spiech said the Township took the property on Micik Lane, the road may be 10 inches thick with concrete. There is an existing stream behind the property and runs to the railroad tracks. Township Engineer said they will verify size of pipe in that area. Township Engineer said they need to inventory of the pipe in the area from Micik Lane to the railroad tracks. Township

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December 11, 2003
Page 3


Engineer said they will possibly install a retention basin in the vicinity of Area K. Township
Engineer said possibly the County will pick up some costs as the culvert does drain on County road, which could be paid by the County at 100% design, 100% construction and 100% inspection.

Paton asked if Rockland Electric went up behind McKee Drive through MacArthur Boulevard and if we noticed what they were digging into whether there were pipes or wetlands. Township Engineer’s Representative said they were working in the roadway, not off site. Township Engineer will get a copy of the plans from Rockland Electric to see where they were.

Paton asked Spiech if the Army Corps of Engineers do any of this work. Spiech said the Army Corps Engineers have done preliminary plans up to Island Road, and that project would not be finished until 2006/2008. Paton asked if the Army Corps of Engineers could help with funding for this project. Spiech said there is a formula 75% from the Federal and 25% from Non-Federal Funds. Township Engineer said the County would put up 100%, which would be 25%, since that would be Non-Federal Funds.

1b. Ramapo Hunt and Polo Club
Township Engineer’s Representative said the cost for three lights will be $14,612., and if they are installed on the other side of the street will be an additional $1,750.

Paton questioned the expense and since this is vacant property could the developer install the lights. Township Engineer’s Representative said it is the Township’s responsibility and possibly the developer and homeowner could put in some money.

Richter question if $1,750. is an option. Township Engineer said yes. The Business Administrator said originally the homeowners did not want the lights.

Mrs. Paula Frandel of 65 Bridle Path Lane said the homeowners wants the lights. She questioned if Ramapo Hunt and Polo Club decided to get the decorative lights, would Council be agreeable to the Association paying the difference. Township Engineer’s Representative said the difference in price is between 20% and 30%. Mrs. Frandel will go back to her Trustees with the proposal, and get back to Council. She further questioned the result of the OEM Report, with regard to emergency access. The Business Administrator said he has not heard from OEM.

1c. Proposal; Draft Pipe at Silver Lake
Township Engineer said there will be a underwater survey completed, dredge where necessary and prepare the permits. The cost for time and materials should be no more than $24,000.

Kelly asked if the Fire Chief is in support. Business Administrator said the Fire Chief wants this

Work Session Meeting Minutes
December 11, 2003
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done. Resolution shall be prepared for the Public Meeting of December 18, 2003.

1d. Verbal Status Report
#MA 588 Roadway Improvements to Stag Hill Road
Township Engineer recommended resolution be prepared for extension of time. Resolution shall be prepared for the Public Meeting of December 13, 2003.

Spiech asked if the blacktop is being taking out of the DARE Hockey Rink. Township Engineer said yes.

Calandrillo said the sign is torn on MacArthur Boulevard, where you make the left onto MacArthur Boulevard. Township Engineer will talk to the County.

Kelly questioned the intersection of Wyckoff Avenue. Township Engineer said the County is reviewing.

LEGAL
3b. Peterson Place; Estimate to Improvements Roadway; Discussion
Township Engineer provided an estimate of $90,000. for a 24 foot wide roadway, if curbs are installed. If curbs do not get installed the road should be 26 feet wide. The Engineer recommends a 24 foot wide roadway. This item will be discussed further at a future Work Session Meeting in January 2004.

Township Attorney asked if this is construction cost estimate. Township Engineer said yes.

Paton asked if there is a cul-de-sac, is it included. Township Engineer said no. Spiech stated you can not have streets longer than 1,000 feet.

Township Attorney said we should vacate the road to clear up the title.

Paton is concerned for the safety. He wants to bring the roadway up to full standards.

Township Engineer recommended to do a study.

Kelly said the owner on the west side of Peterson Place, may be able to accommodate the cul-de-sac.

Mr. Scott Makowski of 278 Myrtle Avenue said there is a three acre parcel. A developer plans to install the cul-de-sac with three homes. Residents want pavement and sewer line.


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December 11, 2003
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Business Administrator said in order for the town to accept the road, the property owners will need to bring it to standards. Business Administrator said Mahwah residents may be able to tie into Ramsey sewers who live on Myrtle Avenue and Peterson Place. This area is part of Stage V Sewers.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Proposal; Industrial Avenue Site
Township Utility Engineer’s Representative said to finish the site investigation and additional sampling proposal for Industrial Avenue will be $25,250. The Business Administrator said the Township should clean up the site in order to get the property back on the tax rolls. He said an application for funds has been approved in the amount of $21,482, which will offset Malcolm Pirnie’s charges. Resolution shall be prepared for the Public Meeting of December 18, 2003.

2b. Brocon; Contract
Township Attorney stated the Township Council canceled the contract with Brocon. He said a resolution needs to be prepared to reinstate the contract. The Business Administrator said the billing for the project goes to the Project Engineer, and the engineer will review and approve less $6,000.

2c. Phase 5 Sewer Report
Report was distributed. Item will be discussed further at the Work Session Meeting of January 8, 2004.

LEGAL
3a. Draft Ordinance; Distance Between Liquor Licenses
It was the consensus of the Council to keep the distance at 1,000 feet between liquor licenses. Spiech stated the Township has more liquor licenses than what we are entitled to. The Business Administrator stated the Municipal Clerk used the formula from the 2000 census, and the Township is not entitled to any more licenses.

3b. Peterson Place; Estimate to Improvements Roadway; Discussion
This item was discussed earlier in the Meeting.

3c. Amendment to Soil Movement Ordinance; Tree Preservation
Kelly asked if mulch is included in the present ordinance. Richter requested information prior to introduction.

3d. Vaughn Drive/Myrtle Avenue Sewer Agreement
Item carried to January 8, 2004.


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December 11, 2003
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3e. Appointment of Special Bankruptcy Counsel (AIC)
Item to be discussed in Closed Session.

3f. Land Acquisition; Lakeview Drive
Township Attorney said an Ordinance would need to be prepared for the acquisition of the
property on Lakeview Drive. Business Administrator stated he is waiting to hear from the owner’s Attorney. Straw poll vote to prepare Ordinance: Calandrillo, yes; DaPuzzo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

3g. Land Acquisition/Exchange; 116 Lakeview Drive
Township Attorney said land acquisition/exchange will require a Swap of Land Ordinance. Straw poll vote to prepare Ordinance: Calandrillo, yes; DaPuzzo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Richter, yes; Spiech, yes.

3h. Diversion Application; Airmont Property; Discussion
Township Attorney said he will draft a letter from the Mayor and appraisals need to be done. Kelly requested this be expedited.

ADMINISTRATION
4a. Mayoral Appointments; Library Board of Trustees
Resolution shall be prepared for the Public Meeting of December 18, 2003.

4b. Contract; Fire Consultant
Resolution shall be prepared for the Public Meeting of December 18, 2003.

4c. Renewal; Animal Control Contract
Resolution shall be prepared for the Public Meeting of December 18, 2003.

4d. Contract with County of Bergen; Transportation for the Elderly
Resolution shall be prepared for the Public Meeting of December 18, 2003.

4e. Renewal; Health Insurance Contracts
Resolution shall be prepared for the Public Meeting of December 18, 2003.

4f. Paper Recycling Contract
Resolution shall be prepared for the Public Meeting of December 18, 2003.

4g. Change Order #1; Fire Company #1 Expansion
Resolution shall be prepared for the Public Meeting of December 18, 2003.


Work Session Meeting Minutes
December 11, 2003
Page 7


4h. Professional Agreement with Tax Appeal Appraiser/Consultant
Resolution shall be prepared for the Public Meeting of December 18, 2003.

4i. Year-End Finance Resolutions
Resolutions shall be prepared for the Public Meeting of December 18, 2003.

4j. 2004 Temporary Budget
Resolution shall be prepared for the Public Meeting of December 18, 2003.

4k. Transfer of Appropriations
Resolution shall be voted on later in meeting.

4l. Proposals; Hepatitis B Shots
Resolution shall be voted on later in meeting.

4m. Confirmation of 2004 Fire Department Officers
Resolution shall be prepared for the Public Meeting of December 18, 2003.

TOWNSHIP COUNCIL/MUNICIPAL CLERK
5a. Audit Resolution
Resolution shall be prepared for the Public Meeting of December 18, 2003.

5b. Status of Cable Television Request for RFI’s (Paton)
Paton stated he has heard from five or six potential vendors and is requesting status. Township Attorney shall check.

5c. 2004 Games of Amusement Applications
1. Mahwah Bar and Grill
2. Mason Jar
3. Steak House Pub
4. Travel Centers
Resolution shall be prepared for the Public Meeting of December 18, 2003.

RESOLUTIONS
Resolutions #201-03A and #202-03A are attached to and made part of these minutes.

CLOSED SESSION
On a motion by Spiech, seconded by Calandrillo, Council went into Closed Session at 10:16PM for the express purpose of discussing Appointment of Special Bankruptcy Counsel (AIC), Land Acquisition; Lakeview Drive, Land Acquisition/Exchange; 116 Lakeview Drive, Land

Work Session Meeting Minutes
December 11, 2003
Page 8


Acquisition; Block 135.01, Lot 61.05. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Paton, Council came out of Closed Session at 10:45PM. All in favor. Motion carried.

Richter asked if due to the flu this season, is the Health Officer checking Day Care Centers and is there a plan in place. Administration shall find out.

On a motion by Calandrillo, seconded by Paton, the meeting was adjourned at 10:45PM. All in favor. Motion carried.

Respectfully submitted,



Margaret L. Kennedy, RMC
Deputy Municipal Clerk



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