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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, AUGUST 26, 2004

The meeting was called to order at 11:07PM by Council President Richter immediately following the Work Session Meeting.

Present: Councilmembers Alderisio; DiGiulio; Kelly; Roth; Paton and Richter
Absent: Councilmember Calandrillo

Also present were the Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Attorney’s Associate Nilufer DeScherer, Township Engineer Kevin Boswell, Municipal Clerk Katherine G. Coletta and Deputy Clerk, Mary C. Ross

PUBLIC PORTION
On a motion by Roth, seconded by Kelly, the meeting was open to the public at 11:08PM. All in favor. Motion carried.

Mr. Albert Kidd, of 851 Darlington Avenue shouted at Council demanding to know if he had 3 minutes to speak. Richter answered yes and requested for Mr. Albert Kidd not to shout.

Mr. Albert Kidd stated it was rude for him to be cut off in the previous Public Session. Richter noted this.

Mr. Albert Kidd stated the Township has no accountability. Mr. Albert Kidd suggested going after the Architect or the Clerk of the Works to fix the doors in the front of the Municipal Building. Mr. Albert Kidd became belligerent, and started to demand immediate answers from Richter concerning this issue. Richter stated she would look into these issues.

Mr. Albert Kidd told Richter to ask the Business Administrator if she did not know, and referred to the Business Administrator as “Chump-ion” more then once. Richter stated she would look into it. Mr. Albert Kidd accused Richter of never following up on anything.

Mr. Albert Kidd asked Richter if she knew anything about the Company 1 Firehouse. Richter stated she was unaware of any problems. Mr. Albert Kidd stated there was water drainage issues he could have directed to the Township Engineer had Mr. Albert Kidd been given the opportunity to speak at the previous Public Portion.

Mr. Albert Kidd stated a Township employee was driving a Municipal vehicle while drinking alcoholic beverages. Mr. Albert Kidd stated a friend saw someone drinking alcoholic beverages while driving a Municipal vehicle. Richter stated she would not

Public Session Meeting Minutes
August 26, 2004
Page 2

consider hearsay and to have Mr. Albert Kidd’s friend come in and address the Council in person. Mr. Albert Kidd began to shout at Richter in a way unbefitting Council decorum

while demanding his questions to be answered. Richter stated she would look into this and get back to Mr. Albert Kidd with an answer.

Mr. Albert Kidd mentioned the Bus Stops, and the fact that his Mother-in-law lives on Franklin Turnpike in front of one of those bus stops. Mr. Albert Kidd cursed and threatened to collect the trash at this bus stop and throw it on the floor at the next Council meeting and have Richter pick it up. Richter stated, she did not think so. Mr. Albert Kidd stated there should be a provision in the Ordinance about garbage clean up.

Mr. Albert Kidd asked Richter if she heard him, in a demanding tone. Richter stated yes, her hearing was fine. Mr. Albert Kidd stated he would speak loudly just to make sure Richter could hear him.

Mr. Albert Kidd, in reference to the walkway across the Ramapo River, stated the woodchips are in Oakland now due to the rain. Mr. Albert Kidd complained about the water situation.

Mr. Albert Kidd accused the Council of being terroristic and corrupt. Mr. Albert Kidd mocked the Mayor, referring to him as a “bald headed” man who bought his votes through Municipal employee salary increases.

Mr. Albert Kidd asserted that the Township had a paid Fire Department due to expenditures allotted for the Fire Chief and Lieutenant. Richter stated we do not have a paid Fire Department and if we did, it would cost the Township millions of dollars.
Mr. Albert Kidd stated that a paid Fire Department might be beneficial to the Township.

Mr. Albert Kidd called the Township Volunteer Fire Department “foundation savers”. Richter took offense to this statement. Mr. Albert Kidd told Richter that he could care less what she thought and that she could “drop dead”. Richter told Mr. Albert Kidd to sit down, and Richter would not recognize Mr. Albert Kidd anymore.

Mr. Allan Kidd of 111 Miller Road stated the Agenda did not conform to our Municipal Ordinances. The Municipal Ordinances require a Public Session at the end of every meeting prior to the adjournment. Kelly requested Council to comment on this.

Kelly stated that Council was required to have one Public Portion by law. The Township Attorney stated that there is a section in the Ordinance with a schedule for the agenda and it does include two public portions. The Township Attorney stated by law, Council only needs to provide one public portion, and that an Ordinance is also law. The Township
Public Meeting Minutes
August 26, 2004
Page 3

Attorney further stated there is currently a conflict between law and the Township Ordinance.

Mr. Allan Kidd asked the Township Attorney to relay this information to the Council. The Township Attorney stated Council was here, and they heard Mr. Allan Kidd.

Mr. Allan Kidd asked how many drinks a Township Employee could have before getting into a Municipal vehicle. Richter stated that it was mentioned earlier that she would be looking into this issue.

On a motion by Kelly, seconded by Alderisio, the meeting was closed to the public at 11:10PM. All in favor. Motion carried.

APPROVAL OF BILLS AND CLAIMS
On a motion by DiGiulio, seconded by Alderisio, the Bills and Claims, previously signed, totaling $5,088,995.75 were approved.

Richter and Kelly abstained from voucher (#03-2104) of July 20, 2004 listed as the volunteer reimbursement check. Roll call Vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, absent; Roth, yes; Richter, yes. A list of Bills and Claims is on file in the Municipal Clerk’s office.


ORDINANCES – PUBLIC HEARINGS
The title of an ordinance was read as follows:
AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF MAHWAH REGARDING THE OFFICE OF EMERGENCY MANAGEMENT TO INCREASE THE MEMBERSHIP TO TWENTY-FIVE MEMBERS

On a motion by Kelly, second by Roth, the meeting was open to the public. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road stated the Administration and Mayor do not do their jobs properly and Mr. Allan Kidd suggests that the Ordinance be revised to be appointed by the Council which, to Mr. Allan Kidd, is more significant then the Mayor or the Business Administrator.

Mr. Allan Kidd felt more comfortable in having the Council in charge, because the public can address the Council on a regular basis, while the Administration is not really accessible to the Public.


Public Meeting Minutes
August 26, 2004
Page 4


On a motion by Alderisio, second by Roth, the meeting was closed to the public. All in favor. Motion carried.

On a motion by Roth, second by Alderisio, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1494

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: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, recused; Paton, absent; Roth, 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 MODIFY THE MEMBERSHIP OF THE SENIOR CITIZEN ADVISORY COMMITTEE

On a motion by Kelly, second by Roth, the meeting was open to the Public. All in favor. Motion carried.

On a motion by Roth, second by Kelly, the meeting was closed to the Public. All in favor. Motion carried.

On a motion by DiGiulio, second by Kelly, the following resolution was passed and adopted:

RESOLUTION – ORDINANCE NO. 1495

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: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, absent; Roth, yes; Richter, yes.



Public Meeting Minutes
August 26, 2004
Page 5

CONSENT AGENDA
Resolutions #073-04A through #089-04A, and the Raffle Applications for Ahkami Foundation Inc. (On Premise), Mahwah Schools Foundation (Wheels and Games), YCS
Foundation Inc. (On Premise), Center For Food Action In NJ Inc. (On Premise), and Mahwah Elks Lodge #1941 (Calendar Raffle) were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolutions #090-04A through #093-04A, The Church of the Immaculate Heart of Mary Raffle Application, and Fire Fighter Applications for Ms. Lauren Avandato and Mr. Alex Gill were removed from the Agenda and voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS AND COMMUNICATIONS
DiGiulio thanked Council for passing the resolution for the purchase of the recycling bins.

DiGiulio read a statement about Operation Call Home for the Veterans. This program will sponsor pre-paid calling cards for our service men and women to call their families and loved ones. The Mahwah VFW Post will join with Operation Up-Link and will help to gather names and Military mailing addresses of friends, neighbors, or relatives serving on active duty. Pre-paid Phone Cards will be sent to these individuals with our thanks for serving.

Kelly reported on the Russo Development at the South Eastern corner of MacArthur Boulevard and the proposed traffic light. Kelly stated Russo will return to the Planning Board concerning this in regards to the Catering Company and how traffic will relate to this. Kelly will continue to monitor this.

Kelly mentioned, in regards to a Bagel Establishment on Franklin Turnpike and Christie Avenue, it has come up before the Planning Board and will be up for another hearing. A major concern was the parking situation, and the residents parking concerns. The Planning Board’s request to Council is to have a 5AM to 4PM No Parking on Christie Avenue limitation enacted. The residents on Christie Avenue are also concerned with various garbage pick up issues that were worked on by the Planning Board to the resident’s satisfaction.

Kelly is in favor of an Ordinance being made to regulate parking on Christie Avenue due to safety issues, and asked Council if they would go along with this. Richter stated she also spoke with a resident who was concerned over businesses operating on Christie Avenue. Richter concurred with Kelly.


Public Meeting Minutes
August 26, 2004
Page 6

Richter asked the Township Attorney to begin drafting an Ordinance for parking on Christie Avenue. Council concurred.

Alderisio stated there is an improvement with the parking on Christie Avenue; however, they are beginning to park on Cedar Avenue instead.

Alderisio also questioned the parking spaces for the proposed Bagel Shop on Christie Avenue. Kelly stated this is a grandfathered circumstance, and they will be utilizing neighboring residential land for some of their parking.

DiGiulio commented on the lack of parking for businesses on Franklin Turnpike, citing there will be problems in the future due to this. Richter concurred.

Roth stated the Finance Committee met and came up with some short term and long term objectives for the development of the Budget Process. The Finance Committee will be putting together a recommendation that they will present to Council at a future Work Session Meeting, possibly on September 9, 2004.

Roth mentioned that he was looking into ways to expand the Council’s communication capabilities via email and voice mail which would also be presented at a Work Session Meeting in the near future.

Richter mentioned the Library Grant, and asked the Business Administrator if he forwarded the information on this to the Library Director. The Business Administrator answered, yes.

Richter stated she received forms from Locke and Cararra concerning Police Grievances and asked the Business Administrator if his title would be accepted as Locke and Cararra listed it: Borough Manager. The Business Administrator stated it was fine the way it was listed.

Richter asked for a resolution to be drafted Urging Equity and School Funding.

Richter wished all a happy Labor Day.

On a motion by Roth, seconded by Alderisio, the meeting was adjourned at 11:53PM. All in favor. Motion carried.

Mr. Allan Kidd, after the motion had been made by Roth and Alderisio, demanded a 2nd Public Session. Richter stated the meeting was closed to the public.



Public Meeting Minutes
August 26, 2004
Page 7

On a motion by Roth, seconded by Alderisio, the meeting was adjourned for the second time at 11:54PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr




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