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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, NOVEMBER 13, 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 in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, November 13, 2003 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, DaPuzzo, DiGiulio, 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.


APPROVAL OF BILLS AND CLAIMS
On a motion by DaPuzzo, seconded by Paton, the Bills and Claims, previously signed, totaling $4,550,932.69, were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes. 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 Kelly, the Amended Closed Session Meeting Minutes of September 18, 2003, Public Meeting Minutes of September 25, 2003, Amended Closed Session Meeting Minutes of October 9, 2003, Closed Session Meeting Minutes of October 23, 2003 and the Public Meeting Minutes of October 23, 2003 were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, absent; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

On a motion by Kelly, seconded by Paton, the Work Session Meeting Minutes of August 21, 2003 were approved. Roll call vote: Calandrillo, abstain; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, abstain; Spiech, yes; Richter, yes.

On a motion by Calandrillo, seconded by Kelly, the Closed Session Meeting Minutes a. and b. of October 16, 2003 were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, abstain; Spiech, yes; Richter, yes.

REPORT OF TOWNSHIP COUNCIL
DaPuzzo attended the Veteran's Day Ceremony. Students from Betsy Ross School were in attendance.

DiGiulio attended the 100th Birthday Celebration for Mr. Howard McPherson.

DiGiulio attended the Groundbreaking Ceremony at Fire Company #1.

Kelly attended the 100th Birthday Celebration for Mr. Howard McPherson.

Kelly attended the Groundbreaking Ceremony for Fire Company #1.

Paton attended the Veteran's Day Ceremony. He thanked the leaders of the Veteran's Organization.

Spiech attended the Groundbreaking Ceremony at Fire Company #1.

Spiech attended a seminar on Wellhead Protection.

Spiech attended the Veteran's Day Ceremony.

Spiech attended the Senior Citizen's Meeting.

Richter attended the 100th Birthday Celebration for Mr. Howard McPherson.

Richter attended the Groundbreaking Ceremony for Fire Company #1.

REPORT OF THE MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel thanked Spiech for taking his place at the Veteran's Day Ceremony. He was out of town.

Mayor Martel received a telephone call from Ramapo College on arranging a meeting between the College and the Council to discuss the growth of the College. Richter suggested a Special Meeting be held in the beginning of the new year. The Mayor will contact the College and ask for a few dates. Council requested the dates be early in January. Dates of January 7 or January 14 at 7:30PM were suggested. Mayor suggested the meeting be held downstairs in the Senior Center. Mayor will get proposed Agenda from the College. Mayor will notify the Municipal Clerk of the date to publish in the newspaper. Richter asked for Councilmembers to get questions to the Clerk by December 18th.

The Business Administrator reported most of the construction projects for the year are coming to an end.

AUDIT PRESENTATION; MR. LOU MAI
Mr. Lou Mai, Township Auditor, and Mr. Ken Sesholtz, Chief Financial Officer, were present.

Mr. Mai presented the Preliminary Audit for 2002 to the Council. Mr. Mai informed Council the Township’s surplus is in a good position.

Kelly questioned how serious he considers the issue with the Municipal Court. Mr. Mai answered he considers it to be serious.

Spiech requested a follow-up report within 1 month.

PRESENTATION OF HISTORIC PRESERVATION AWARD
Mrs. M.J. Drago, Mrs. Carol Greene and Mr. Gus Vasiliadis were present on behalf of the Historic Preservation Commission. Mrs. Drago informed Council November is Mahwah Heritage Month. Mrs. Drago went on further to say the Historic Preservation Commission will be recognizing Ex-Mayor Frank Kraus. A presentation to Ex-Mayor Frank Kraus for his service to the Township will be presented to his wife, Mrs. Becky Kraus.

MAYOR'S PROCLAMATIONS
Mayor Martel read the two Proclamations: "Mahwah National Family Week - November 23 through 29, 2003" and "Eagle Scout; Joseph C. Wenger".

GENERAL PUBLIC DISCUSSION
On a motion by Spiech, seconded by Calandrillo, the meeting was opened to the public at 8:53PM. All in favor. Motion carried.

Mr. Ken DeFerrari of 69 Maysenger Road asked the status of the Cragmere Drainage. He asked if his property is being considered. The Business Administrator responded at the last meeting the Township Utility Engineer presented a proposal of the tasks required. A more specific report was requested. The information requested is expected in December, 2003 for inclusion in the 2004 Budget.

Mr. Joe Tomanelli of 614 Blue Ridge Lane expressed opposition to the acquisition of the McBride property.

Mr. Frank Russo of 22 Olney Road feels the Township does not need any more fields.

Mr. Albert Kidd of 851 Darlington Avenue feel the Township is spending too much money.

Mr. Allan Kidd of 111 Miller Road complained about an employee who works full time at the Township and also works in two other towns from 12 to 2. Richter explained to Mr. Kidd she has no knowledge of what he is speaking of. Richter suggested Mr. Kidd speak to Administration.

Mr. Neil Guth of 308 Linden Street questioned who is responsible for the wetlands at their development. Mr. Guth further asked for the issue to be addressed. Richter asked the Business Administrator to direct the Township Engineer to address the issue.
Mr. Guth asked about the Kelley Bill. Mr. Guth was reviewing the records from his Board. The Township Attorney suggested Mr. Guth requested a copy of the agreement for his development. Mr. Guth feels with the amount of taxes being paid by his development they are not receiving much reimbursement. The Township Attorney suggested Mr. Guth obtain a copy of the Agreement.

Mr. Guth complained the police do not patrol his development.

On a motion by Calandrillo, seconded by Paton, the meeting was closed to the public at 9:23PM. All in favor. Motion carried.

ORDINANCES – INTRODUCTIONS
The title of an Ordinance was read as follows:
AN ORDINANCE OF THE TOWNSHIP OF MAHWAH PROVIDING FOR AND REGULATING THE USE OF THE LOWER LEVEL OF THE WINTERS BUILDING AND THE MULTIPURPOSE ROOM IN THE MUNICIPAL BUILDING.

RESOLUTION – ORDINANCE NO. 1470

Introduced by Spiech, seconded by DaPuzzo.

RESOLVED that this Ordinance be passed and adopted on first reading.

FURTHER RESOLVED that said Ordinance will be considered for final passage at a meeting to be held on December 4, 2003 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the Municipal 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 vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, no; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

* * *

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING SECTION 24-14 "CONTROLS ON AFFORDABILITY" OF THE MUNICIPAL CODE.

RESOLUTION – ORDINANCE NO. 1471

Introduced by Spiech, seconded by Calandrillo.

RESOLVED that this Ordinance be passed and adopted on first reading.
FURTHER RESOLVED that said Ordinance will be considered for final passage at a meeting to be held on December 4, 2003 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

FURTHER RESOLVED that the Municipal 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 vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

ORDINANCES – PUBLIC HEARINGS
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR ACQUISITION OF LAND FOR OPEN SPACE IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $3,500,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $3,100,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

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

Mr. Frank Russo of 22 Olney Road is against rushing into buying the property. He feels the Township has enough ball fields.

Mr. Joe Tomanelli of 614 Blue Ridge Lane said his development has facilities for children to play. He feels the property will only service one condominium association. DiGiulio explained this acquisition would be to preserve the property and possibly use it for recreation.

Mr. Richard Bessser of 307 Linden Street feels now is the time to get the property.

Mrs. Mildred Freeman of 2404 Hemingway Lane first heard about Ridge Gardens being in favor of the park in The Home and Store News. She feels she needs more information.

Mr. Albert Kidd of 851 Darlington Avenue feel the Township is run by special interest groups.

Mr. Allan Kidd of 111 Miller Road feels the condition of Winters Pond is in disrepair.

Mr. Mike Devine of 28 Riverview Terrace supports the park. He feels the Township is getting a good deal.

Mr. Carter Morris of 1051 Ash Drive agrees this is the only opportunity the Township will have. He feels the acquisition is a no brainer. He urged Council to proceed and buy the property.
Mr. Neil Guth of 308 Linden Street clarified the statement that CAM stated in the newspaper that Society Hill, Kilmer Wood Village 1 supports the park. This is not true. Mr. Guth feels his association is going to bear the impact of the park. He also feels his association should be informed of the park. Richter interjected a SubCommittee for the park will be formed at a later date.

DiGiulio asked for the lowering of the speed limit on Ridge Road to be discussed at a future Work Session Meeting.

Mrs. Ellen Stein of 68 Fisher Road distributed to Council a letter from CAM. Mrs. Stein explained there are 10 representatives, one from each of the condominium associations, in CAM. Mrs. Stein further stated CAM agreed to support the purchase of the park provided concerns in CAM's August 26, 2003 letter are met. Mrs. Stein expressed an interest to be part of the process in the planning of the park. Mrs. Stein ended by saying CAM is looking for something for everyone.

Mr. Joe Tomanelli of 614 Blue Ridge Lane clarified the residents in his development were not polled if they wanted their taxes raised for the park.

Mr. Mike McConville of Society Hill Kilmer Woods Village 2 said the problem is the children in the development have no place to play. Mr. McConville said his Board supports the acquisition.

Spiech pointed our the Council has not heard from the Recreation Committee. Spiech suggested the property owner, the church and the Township have a meeting which the residents in the area be invited.

Spiech asked for a Cost Analysis.

Kelly asked Administration if the Township has time to do what Spiech is suggesting. The Mayor answered he does not believe so as the property owner has someone else interested in the property. The Mayor reinterated that if the Township cannot sell the Airmont Property to offset the purchase of the Ridge Road property the Ridge Road property will be sold.

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

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

RESOLUTION - ORDINANCE #1466

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; Spiech, no; Richter, yes.

* * *

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 1445 ENTITLED SALARY ORDINANCE 2003.

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

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

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

RESOLUTION – ORDINANCE NO. 1461

RESOLVED that the Ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title only as having been finally adopted, as required by law.

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

* * * *

The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 7 ENTITLED "TRAFFIC" AND CHAPTER 8 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH ENTITLED "PARKING METERS AND PARKING LOTS" TO PROVIDE FOR AN INCREASE IN THE PENALTY PROVISIONS FOR ILLEGAL HANDICAPPED PARKING.

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

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

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

RESOLUTION – ORDINANCE NO. 1468

RESOLVED that the Ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title only as having been finally adopted, as required by law.

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

* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH ENTITLED "ADMINISTRATION" TO ESTABLISH THE RANKS AND POSITIONS IN THE POLICE DEPARTMENT.

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

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

On a motion by Calandrillo, seconded by DaPuzzo, the following resolution was amend to removed the paragraph "In addition there may be a one on one relationship of police officers who are in training to take the positions of existing police officer(s) who have given notice of a specific retirement date which is not greater than six months from the date the replacement officer is hired" was passed and adopted:

RESOLUTION - ORDINANCE NO. 1469

RESOLVED that the Ordinance be passed and adopted on second reading and the Clerk is authorized to advertise by title only as having been finally adopted as required by law.

Roll call vote: Calandrillo, no; DaPuzzo, yes; DiGiulio, no; Kelly, no; Paton, no; Spiech, yes; Richter, yes. Motion fails.

On a motion by Calandrillo, seconded by DaPuzzo, the Ordinance was voted on as presented. Roll call vote: Calandrillo, no; DaPuzzo, yes; DiGiulio, no; Kelly, no; Paton, yes; Spiech, yes; Richter, yes.


CONSENT AGENDA
Resolutions #182-03A through #185-03A were removed from the Consent Agenda and voted on separately.

Resolutions #168-03A through #181-03A, #186-03A and the Raffle Application for Ramapo College of New Jersey Alumni Association were voted on under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.


RESOLUTIONS
Resolution #187-03A was voted on separately and are attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS/COMMUNICATIONS
Spiech asked when the Budget will be delivered. The Business Administrator answered January 15th the Budget is scheduled to be given to the Council.

REPORT OF SUBCOMMITTEES
Paton reported the group of the Cable Advisory Committee who reviewed other Towns Ordinances met this past Monday evening. Information will be forwarded to the Council.

DiGiulio reported at the last meeting of the Beautification SubCommittee the Girl Scouts suggested a Garden Club be started.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Spiech, the meeting was opened to the public at 11:36PM. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Spiech, the meeting was closed to the public at 11:37PM. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Spiech, the meeting was adjourned at 11:38PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk








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