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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, APRIL 22, 2004

The meeting was called to order at 8:02 PM 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, April 22, 2004 at 8:00 PM 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 (present at 8:05 PM), Kelly, Paton, Spiech and Richter.

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


APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by DaPuzzo, the Bills and Claims previously signed totaling $4,421,358.40 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 Meeting Minutes from the Work Session of January 22, 2004, Closed Session of January 22, 2004, Closed Session of February 19, 2004 and Closed Session of March 4, 2004 were approved. All in favor. Motion carried.

On a motion by DaPuzzo, seconded by Kelly, the Meeting Minutes from the Work Session of January 8, 2004 and Closed Session of January 8, 2004 were approved. Roll call vote: Calandrillo, abstained; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes. Motion carried.

On a motion by DaPuzzo, seconded by Calandrillo, the Meeting Minutes from the Closed Session of February 5, 2004 were approved. Roll call vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, abstain; Richter, yes. Motion carried.

On a motion by Calandrillo, seconded by DaPuzzo, the minutes from the Closed Session of February 12, 2004 were approved. Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, abstain; Richter, yes. Motion carried.

REPORT OF TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Kelly attended the Water Summit held by BCIA on April 16th.


Public Meeting Minutes
April 22, 2004 – page 2



Spiech also attended the Water Summit by the BCIA. The summit was focused on the Highlands water and availability. There will be a Conference tomorrow on the Ramapo River held at Ramapo College.

Spiech noted the Senior Club Meeting was held today.

Richter advised the Board of Education Budget was defeated on Tuesday. Board of Education Members Peter Wendrychowicz and Diane Snyder were re-elected. There is a tie for third place. The Provisional Ballots will be opened Monday at 4:00 PM by the County to determine the winner. A Subcommittee of the Council will need to meet the beginning of next week. A revised School Budget Resolution is due by May 19th.

Paton asked for clarification on the date. The Township Attorney said the date was May 19th for the Resolution passed by the Council. Paton asked why there is a Subcommittee rather than the entire Council. Richter explained it would be difficult to get the Council all together to review the School Budget information.

REPORT OF MAYOR AND BUSINESS ADMINISTRATOR
The Business Administrator advised the Mayor is out of town attending the Annual New Jersey Mayors Conference. Richter explained the Mayor is not involved in the decision to make cuts to the School Budget.

PUBLIC PORTION
On a motion by Spiech, seconded by Calandrillo, the meeting was opened to the public at 8:13 PM. All in favor. Motion carried.

Mr. Frank Russo of 22 Olney Road expressed his disappointment with the tax increase for this year. Richter explained the municipal portion is 24% of tax rate. Spiech noted there are three elements that comprise the Tax Bill; the Municipality accounts for 18%, the County for 12% and the schools for 63 - 64%. The total Tax Bill will go up just under 9%.

Mr. Allan Kidd of 111 Miller Road proposed a Tax Payer Protection Act. Mr. Kidd asked to go around the Council Chambers and ask who is in favor. Richter said this is not on the agenda; therefore he could not ask individuals.

Mr. Kidd asked if campaign signs require the names and addresses of those paying for the signs. Richter answered yes. DaPuzzo acknowledged his signs are in the process of being corrected.

Being no further comments were made from the public, on a motion by Calandrillo, seconded by Spiech, the meeting was closed to the public at 8:27 PM. All in favor. Motion carried.

ORDINANCE – PUBLIC HEARING
The titled of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION AND SALE OF AFFORDABLE HOUSING UNITS THAT ARE SUBJECT TO A FORECLOSURE PROCEEDING OR


Public Meeting Minutes
April 22, 2004 – page 3



SHERIFF’S SALE OR ARE OTHERWISE AT RISK OF BEING LOST FROM THE TOWNSHIP’S AFFORDABLE HOUSING STOCK

The Township Attorney advised this Ordinance was scheduled for Public Hearing on April 15th. Since the Meeting was not held, this Ordinance would need to be re-introduced.

ORDINANCES - INTRODUCTION
The title of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION AND SALE OF AFFORDABLE HOUSING UNITS THAT ARE SUBJECT TO A FORECLOSURE PROCEEDING OR SHERIFF’S SALE OR ARE OTHERWISE AT RISK OF BEING LOST FROM THE TOWNSHIP’S AFFORDABLE HOUSING STOCK

RESOLUTION – ORDINANCE NO. 1481

Introduced by Calandrillo, 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 on May 13, 2004 at the Municipal Offices, 475 Corporate Drive, Mahwah, NJ at 8:00 PM.

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

****
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 24 ENTITLED “ZONING” OF THE TOWNSHIP OF MAHWAH MUNICIPAL CODE TO PROVIDE A NEW DEFINITION FOR “LOT DEPTH”.

RESOLUTION – ORDINANCE NO. 1482

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 on May 20, 2004 at the Municipal Offices, 475 Corporate Drive, Mahwah, NJ at 8:00 PM.



Public Meeting Minutes
April 22, 2004 – page 4


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

* * *

The title of an Ordinance was read as follows:
AMENDMENT TO CHAPTER VII OF THE REVISED GENERAL ORDINANCE OF THE TOWNSHIP REGARDING MID-BLOCK CROSSWALKS

RESOLUTION – ORDINANCE NO. 1483

Introduced by Calandrillo, 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 May 13, 2004 at the Municipal Offices, 475 Corporate Drive, Mahwah, NJ at 8:00 PM.

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

CONSENT AGENDA
Resolutions #088-04 through #095-04 were voted on under the Consent Agenda. Resolutions are attached to and made a part of these minutes.

Resolutions #096-04 and #097-04 were voted on separately. Resolutions are attached to and made a part of these minutes.

COMMENTS/COMMUNICATIONS
Spiech asked if the sign in the lobby would be corrected. The Business Administrator advised it would be corrected within 90 days.

DaPuzzo proposed to the Council to take a straw poll vote on taking the Airmont property and put a Deed Restriction on it to never have active recreation, only passive recreation. Paton asked the urgency with the decision, because it looks like we will have a ruling from the State within 30 days. DiGiulio questioned the ability to sell the property with a Deed Restriction. The Township intended to use the money from the sale to purchase the McBride property. DiGiulio


Public Meeting Minutes
April 22, 2004 – page 5


suggested we wait until the decision is made. Kelly agrees with Paton. He is not opposed to the concept, but does not see the urgency.

Richter asked the Township Attorney to look into the Grant. Calandrillo thought it was a good idea to investigate the possibility and it would add reassurance to the residents in the area. Straw poll vote: Calandrillo, yes; DaPuzzo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Spiech, yes; Richter, yes.

Calandrillo thanked the Township Engineer for responding so quickly to the questions she asked on Home Depot with trucks making wide turns.


Kelly inquired when the Board of Education Budget would be discussed. Richter advised, during the Work Session Meeting.

REPORTS OF SUBCOMMITTEES
Spiech noted the Senior Advisory Board met on Wednesday and they are very pleased with everything going on at the Senior Center. The dinner and dance were very successful.

Spiech received an e-mail concerning flood control. Copies were distributed to Council. There was a meeting in New York, which he had been unable to attend. The New Jersey DEP has certain requirements that New York is not please with. The river can not be just re-routed. The old quarry will be filled and plans include the Masonicus Brook. A Sub-committee meeting is scheduled for May 6th here at 9:30 AM with the New York Sub-committee.

Mr. Tumminello had been unable to attend the last meeting. Spiech wanted to offer a couple dates to Mr. Tumminello to see if he would be available. Council decided on two dates; May 5th and 12th. Spiech will check with Mr. Tumminello and then notify the Clerk to notify the Council.

Kelly noted he was not pleased with individual meetings. Mahwah is taking the brunt of the work. Spiech will notify Mr. Tumminello at the next meeting.

Paton referred to an article in the Newsletter looking for volunteers to join the Cable Station Activity Group. They are looking for media, artistic or communication talents.

Kelly referred to an e-mail from Sgt. Sinnaeve regarding the Bus Stop Ordinance. Sgt. Sinnaeve addressed the questions raised. Kelly would like to have this Ordinance back on the agenda.

DiGiulio advised the Beautification Committee will be meeting April 27th at 7:30 PM. The recycling bins have been selected in red, white and blue. The Seniors and Girl Scouts will be planting an area in back of the Municipal Building after Mother’s Day.

DaPuzzo said Saturday, April 24th will be the Fourth Annual Earth Day. Between 9:00 AM and 3:00 PM, everyone will meet at the Lake Henry Facility at the back of Route 202. The Business Administrator had a discussion with the Recreation Director who had concerns about parking. It was suggested to park by Halifax Road. DaPuzzo advised this was already being done.

Public Meeting Minutes
April 22, 2004 – Page 6



Paton noted the grass on the front lawn of the Municipal Building looks like its dead. The Business Administrator has a Punch List to go over with the Contractor to see which parts of the landscaping did not survive the winter.

On a motion by Calandrillo, seconded by Paton, the meeting was adjourned at 8:58 PM. All in favor. Motion carried.

Respectfully submitted,

Kathrine G. Coletta, RMC/CMC
Municipal Clerk

(Meeting Minutes prepared by Judith Odo, RMC/CMC Deputy Municipal Clerk)



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