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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, DECEMBER 2, 2004

The meeting was called to order at 8:00PM by Council President Richter who read the Open Public Meeting Act Statement as prescribed by law. Notice was advertised in The Record on July 6, 2004 and August 16, 2004 stating this meeting would be held on Thursday, December 2, 2004 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 Alderisio, Calandrillo, Kelly, Paton, Roth, and Richter.
Absent: Councilmember DiGiulio

Also present were the Business Administrator Brian Campion, Township Attorney Menelaos Toskos, Township Attorney’s Associate Craig Bossong, Township Engineer Kevin Boswell, Township Utility Engineer Justin Mahon, and Municipal Clerk Kathrine Coletta

PUBLIC PORTION
On a motion by Paton, seconded by Kelly, the meeting was open to the public at 8:04PM. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road welcomed Council back.

On a motion by Calandrillo, seconded by Roth, the meeting was closed to the public at 8:05PM. All in favor. Motion carried.

SUBMISSION OF BILLS AND CLAIMS
Councilmembers were asked to contact Administration with any questions on Bills and Claims.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Progress Report
Paton asked about Stage 4 Sewers (3048-030 and 3048-058, Resolution #101-99A). Paton asked if this would hold up the hearings. The Township Utility Engineer said no.

Paton asked about the Well Facility Plan Update (3048-081, Resolution # 131-04) and the capping of the wells and where the Township stood on this. The Township Utility Engineer stated they received a response from the Department of Environmental Protection indicating that an individual Wetlands Permit would
Work Session Meeting Minutes
December 2, 2004
Page 2

be required. The Township Engineer submitted a proposal to the Business Administrator for inclusion in next year’s Budget. Paton asked the Township Utility Engineer to keep him apprised on what types of applications the Township would need to submit.

Paton asked about the Swim Club Sanitary Sewer Connection (3048-087, Resolution #132-04A) and if this job could be completed in May 2005 rather then July/August 2005. The Township Utility Engineer stated he could try for that date.

Roth inquired about the 20” Water Main (3048-006, 3048-054 and 3048-071, Resolution #45C-97, 238-02A, 050-03A). The Township Utility Engineer stated Council would receive a report on this within a week.

Roth asked if the samples for the Fardale [Dogwood] Standpipe Demolition (3048-075, Resolution #156-03) were completed. The Township Utility Engineer was unsure.

Calandrillo asked where the Township stood on the Phase 5 Sanitary Sewer Project. The Business Administrator stated some additional letters have come in from residents, and it was proposed to have a meeting on this subject the first Work Session in January. The Business Administrator said at some point a Capital Bond Ordinance with Special Assessment; however, Council needs to make a decision on which areas will get the sewers.

Roth asked for a timeline to be developed and distributed to the public in regards to the Phase 5 Sanitary Sewer Project so everyone could be on the same page and to avoid confusion. Council concurred.

ENGINEERING (Boswell-McClave)
1a. Young World Day School; Discussion
The Township Engineer met with the County and representatives from Young World Day School on November 15, 2004. The first issue discussed was traffic backing up on Wyckoff Avenue. The double cue lane Young World Day School has implemented is working well. The Township Engineer has suggested putting up blinking Slow School Zone sign and lowering the speed limit. The Township Engineer asked Council to pass a Resolution in regards to the reduction of the speed limit.

Calandrillo asked how the blinking sign would affect other schools in the area? The Township Engineer said if other schools fit the requirements they can apply for the signs as well.
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December 2, 2004
Page 3

Kelly stated there was a corresponding Resolution that should be attached to the new Resolution tonight. Richter asked the Township Engineer to give all the specifics to the Township Attorney so a Resolution could be drafted for next week.

Kelly voiced concern over the Parsloe Court safety situation. Kelly stated residents have come to Council and advised Council of the dangerous conditions, and Kelly felt Council needed to act upon this speedily. Richter suggested no stopping, standing, or u-turns on Parsloe Court at all. Richter further suggested putting up a sign reflecting this.

Kelly suggested writing a letter to Young World Day School to thank the Director for cooperating with Council and that the double cuing is actually working. The Township Engineer stated Young World Day School will come back to Council as soon as they have more information. Richter stated Council will send a letter via the Municipal Clerk in regards to Council’s appreciation, and a future meeting.

1b. Written Status Report
Kelly asked about MA-336 Mahwah Honda Drainage. The Township Engineer stated the ball was in Mahwah Honda’s court at this point and the Township Engineer is awaiting a meeting with Mahwah Honda. The Township Engineer gave Mahwah Honda options that they are currently considering in regards to the project on their property.

Kelly asked about MA-599 New Jersey Department of Transportation Issues. The Township Engineer sent a letter to the New Jersey Department of Transportation in regards to items Calandrillo raised in the past including Route 202 and the bridge over pass. The Township Engineer stated the New Jersey Department of Transportation received the letter and they will look at all the items before the end of the year. The Township Engineer will send a follow up letter reminding the New Jersey Department of Transportation to stay true to their word.

Kelly asked about MA-632 US Army Corps of Engineers Flood Control Project. The Township Engineer stated a meeting with the US Army Corps of Engineers was held on December 1, 2004, and the New Jersey Department of Environmental Protection, The New York Department of Environmental Conservation, and Mahwah and Suffern representatives gathered to review the current status of the US Army Corps of Engineers Flood Control Project for the Mahwah River, the Masonicus Brook, and the Ramapo River. The Township Engineer felt the meeting was very productive and that the US Army Corps of Engineers stated

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December 2, 2004
Page 4

they have enough funding for design and all analysis through 2005 and 2006. The New Jersey Department of Environmental

Protection mentioned that they would pick up the cost for the design phase of this project. The Township will only have to pay for construction, not design. The
US Army Corps of Engineers stated they have extended the study up the Masonicus Brook to Island Road as the Township requested. The next meeting of the US Army Corps of Engineers will be on February 1, 2005 where they will provide a further update.

Kelly asked about the status of MA-759 Installation of Salt Shed on Micik Lane and if the Township Salt Pile was covered. The Business Administrator stated it should be tarped – he will check on this tomorrow. The Business Administrator stated it was his intent to install the Salt Shed on Micik Lane by next summer to avoid the need for further tarping.

Kelly asked about the status of Lynn Terrace in regards to MA-10 Township Drainage Complaints and when the work will be complete? The Township Engineer stated “silted” rather then “contaminated” was the correct word for the work to be done, and the Department of Public Works will begin this work after leaf pick up is complete.

Paton inquired about the status of MA-632 US Army Corps of Engineers Flood Control Project. Paton mentioned there was a large storm last week and the US Army Corps of Engineers should look into the drainage that feeds the Mahwah River. The Township Engineer stated the US Army Corps of Engineers was aware of this and they were looking into it.

Paton inquired about the status of and lack of response on MA-662 Route 202 Recreation Facility-Remedial Investigation Report. The Township Engineer said he has not heard back from the New Jersey Department of Environmental Protection but he will call them again and ask them to get back to him.

Paton stated that there appeared to be pipes sticking out of the ground at the Shortline property. The Business Administrator stated the Department of Environmental Protection has a number of monitoring wells, and has an active file on this property. When the 20” Water Main came through this area the Department of Environmental Protection reopened the file.

The Township Engineer stated in regards to MA-618 Cragmere Drainage Study Mr. Clark Gilman supported the full amount of the Grant request. The Township Engineer stated the Grant Application looked positive. Kelly stated he gave
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December 2, 2004
Page 5

relevant paperwork to the Business Administrator and the US Army Corps of Engineers may also have some money available for the Cragmere Drainage Study.

Roth inquired about the status of MA-577 Fire Company No. 1 and Winters Building. Roth asked what the status was concerning the Punch List. The Township Engineer stated mainly vegetation and the clean out of a catch basin.

LEGAL
3a. Resolution Authorizing Public Comment on BPU Proposed Cable Television Rules
The Township Attorney stated this would allow all complaints to be logged in concerning the BPU Proposed Cable Television Rules.

Resolution shall be prepared for the December 9, 2004 Public Meeting.

3b. Ramsey Water Contract; Extension
The Township Attorney stated there is an existing contract with Ramsey Township; however, they have entered into negotiations with United Water Company and they require an extension.

Roth asked what the current termination clause was in the Borough of Ramsey Contract. The Business Administration stated June 2005 was the expected completion of construction with United Water Company and if this is true, the Borough of Ramsey would no longer need water from Mahwah Township. As for the current Termination Clause – there is no early Termination Clause.

Roth inquired about the Borough of Ramsey Water Rates as compared to the Township’s Water Rate with United Water Company. The Business Administrator said there was a slight mark up. The Business Administrator stated this is good news, and it would mean the end of selling water to the Borough of Ramsey. Kelly and Richter concurred.

Resolution shall be prepared for the December 9, 2004 Public Meeting.

3c. Ordinance Vacating Portion of Mountain Avenue
The Township Attorney stated there is ongoing litigation with Mahwah III and the Township is in the midst of coming to an agreement. By enacting two Ordinances, the legal Ordinances will interlock with the Township Maps.

Ordinances shall be introduced at the December 9, 2004 Public Meeting.

3d. Approval of Field Turf, AIC Corporation Settlement
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December 2, 2004
Page 6

The Township Attorney stated this will be discussed in Closed Session.

3e. Approval of Renunciation Deed; Ridge Road
The Township Attorney stated there was an attempt made to transfer a piece of property to the Board of Education for purposes of a Parking Lot. It was discovered that a Deed of Renunciation was necessary prior to this property transfer.

Roth asked if the Title would remain with the Township. The Township Attorney said yes.

Paton asked if Council could meet concerning the possibilities of using this property for a Recreational Parking Lot. Richter stated this would be further discussed in a Work Session in January.

Resolution shall be prepared for the December 9, 2004 Public Meeting.

3f. Housing Commission Resolutions
The Township Attorney stated these were Resolutions needed for the appeal on the Ameriquest Mortgage Case, and the property will be maintained by the Township’s Affordable Housing.

Paton asked if this case would be retroactive to all Affordable Housing in the Township. The Township Attorney stated he did not know as of yet.

Resolution shall be prepared for the December 9, 2004 Public Meeting.

3g. Statutory Amendments; Discussion
The Township Attorney stated there were some Statutes enacted by Governor McGreevey one of which includes optionally expanding the Zoning Board from 2 to 4 alternates. The Township Attorney suggested to Council to contact the Zoning Board and see if they need the additional alternates.

ADMINISTRATION
4a. Authorization for Competitive Contracting; Document Archiving
The Business Administrator stated Digital Archiving of the Construction/Building/Zoning Records. In order to solicit companies to bid on this work, Council would have to pass a Resolution allowing for the RFP provisions in the State Bidding Laws to be utilized.

Alderisio stated Digital Document Archiving is an important thing for the Township to do.
Work Session Meeting Minutes
December 2, 2004
Page 7

Paton asked if the Digital Document Archiving would integrate with GIS. The Business Administrator said yes.

This item shall be carried to the Work Session Meeting of December 16, 2004.

4b. State Contract Award; T-0052: Stationary and Office Supplies
The Business Administrator stated this Resolution would allow the Township to utilize the State Contract for Stationary and Office Supplies with Allied Office Supplies.

Resolution shall be prepared for the December 9, 2004 Public Meeting.

4c. Request to Purchase Parcel from Township; Block 9, Lot 17 – Lakeview Drive
The Business Administrator stated this request was made by a property owner to purchase a Township owned property in order to make their lot bigger.

Roth stated this would then be a deed restricted lot. The Business Administrator said yes.

Alderisio asked to make sure it was not used for business purposes. The Business Administrator stated again that the property would be deed restricted.

Richter felt that the sale price of the property should be made more beneficial to the Township. Kelly stated he was familiar with other lots in this area that have gone for far more then the Township’s asking price of $10,000.00.

The Business Administrator suggested discussing this in Closed Session. The Township Attorney concurred.

4d. Vacation of Right-of Way; Babcock Road Cul-De-Sac
The Business Administrator stated he has discussed with Mrs. Filomena Bonura and her neighbor Mr. McCarthy the possibilities of vacating a portion (15 feet wide) of the Township owned Stephens Lane Right-of-Way which is a slope area the Township does not and will not use. Mrs. Bonura will then be able to put her fence up.

Paton was not comfortable in giving Township property away for free and he felt this should be closed session. The Township Attorney stated this is land that is only good for a Right-Of-Way and is not the same situation as the Block 9, Lot 17 – Lakeview Drive issue. The Business Administrator stated this should be reviewed further. The Township Attorney will investigate.

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December 2, 2004
Page 8

Roth stated a Title Search should be enacted to find out who actually owns this property/Right-of-Way and that Mrs. Filomena Bonura and Mr. McCarthy should pay for the costs incurred. Richter concurred.

4e. Professional Services Contract; Civil Solutions; GIS
The Business Administrator stated this Professional Services Contract was necessary to get a GIS Service running for the Township. The request is to utilize Civil Solutions in order to consult on the GIS program.

Calandrillo asked if the costs for the consultation are budgeted for. The Business Administrator said yes.

Paton asked if we would get a Needs Assessment Report. The Business Administrator stated yes, as far as he knows. The Business Administrator also mentioned the work would be done in phases. Kelly mentioned that a Benefit Analysis would also be prepared.

Calandrillo asked why the Township Attorney was not on the dias while Council was in session. Richter stated it would be dually noted. The Township Attorney returned to the dias.

Resolution shall be prepared for the December 9, 2004 Public Meeting.

4f. Request for Sign Waiver; Immaculate Conception Church
The Business Administrator stated this was a request from the Immaculate Conception Church to put up a banner for their 75th Anniversary. This resolution would allow Immaculate Conception Church to keep the banner up beyond the days as prescribed in the Ordinance.

Calandrillo suggested a Proclamation to be made in regards to the Anniversary in January, 2005. Richter concurred.

Resolution shall be prepared for the December 9, 2004 Public Meeting.

4g. Environmental Service Grant Application
The Business Administrator stated a Grant Proposal for placing explanatory signs along the paths and trails in the Township Parks would be placed on the next Public Meeting for a Resolution authorizing this in order to gather further information.

Resolution shall be prepared for the December 9, 2004 Public Meeting.

Work Session Meeting Minutes
December 2, 2004
Page 9

TOWNSHIP COUNCIL AND MUNICIPAL CLERK
5a. Raffle Applications
Raffle Applications for Temple Beth Haverim (On Premise) and Ramapo Ridge HSO (On Premise) were tentatively approved. Final approval will be voted on at the December 9, 2004 Public Meeting.

5b. 2004/05 Kennel License Renewals
2004/05 Kennel License Renewals were tentatively approved. Final approval will be voted on at the December 9, 2004 Public Meeting.

5c. Additional Meeting Information
Richter stated the Chief Financial Officer requested an End of the Year Meeting to pay additional items if needed. If the meeting was unnecessary it would be cancelled. The Additional Meeting was tentatively scheduled for Monday December 27, 2004 at 7:00PM.

5d. Police Department Addition; Update (Richter)
Richter stated she spoke with Chief Batelli and the $750,000.00 A-B question was rectified. The $750,000.00 is good for either option A, B, or C. Richter put this on for discussion at the Work Session of January 6, 2005.

COUNCIL COMMENTS AND COMMUNICATIONS
Richter stated she and Roth had a meeting/presentation with Commerce Bank in regards to Commerce Bank doing business with the Township. In light of this meeting, the Chief Financial Officer will be putting together a letter to mail out to other banks in the area that may also want to present to the Council.

Richter stated she, along with the Mayor, Business Administrator, Township Attorneys, met with the Commissioner on the Green Acres Diversion. This was a preliminary meeting and Mr. Lou Goldshore and he offered to attend the meeting next week to advise Council on their progress.

Calandrillo asked how much was recovered at the Police Auction. The Business Administrator stated Council would receive a report on this soon.

Calandrillo advised Council that in regards to parking in front of Ramapo Ridge School, cars are blocking the fire hydrants and students are boarding cars across the street. Calandrillo stressed this was dangerous and Ramapo Ridge School needed to be advised of this.

Alderisio stated the Senior Citizen’s Advisory Board Meeting was cancelled and the Library Board received the proposed budget.
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December 2, 2004
Page 10

Paton stated there was a need for a meeting of the Ordinance Committee. Paton sent a note out in regards to this to three people who have not responded. The meeting will be set up for Tuesday, December 7, 2004 at 1PM.

Paton stated the school systems have been advising students not to play in leave piles.

Roth reminded Council to help with information pertaining to the Status Reports.

Roth asked the Township Attorney what the status was on the proposed Ordinance from Cable Vision. The Township Attorney stated he would look into it. Roth asked about the articles in the newspaper about Capital Spending and various expenses that have not been brought before the Council. Roth was disturbed over this.

Kelly attended the Senior Lunch and it was an excellent job done by Ms. Suzanne Small.

Kelly was also happy to see that the internet program was provided for in the schools.

Kelly had two resolutions for Council to consider. The first was the 90th Anniversary of Fire Company #1. The second was a Resolution in support of our Troops, or at least a Christmas card from Council. The Municipal Clerk said she would write up the Resolution and obtain the card.

Richter stated the Holiday Tree Lighting would be on Sunday, December 4th at 5PM here at the Municipal Building.

CLOSED SESSION
On a motion made by Calandrillo, seconded by Roth, Council went into closed session at
10:13 PM for the purposes of discussing the Monthly Litigation Report, Orange and
Rockland vs. Mahwah; Proposed Settlement, and Mahwah III Associates vs. Mahwah;
Proposed Settlement. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Kelly, Council came out of Closed Session at
10:58PM. All in favor. Motion carried.

On a motion made by Calandrillo, seconded by Kelly, the meeting was adjourned at
11:08PM. All in favor. Motion carried.

Respectfully submitted,


Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr









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