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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, FEBRUARY 10, 2005


The meeting was called to order at 8:03PM by Council President Richter who read the Open Public Meetings 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, February 10, 2005 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, DiGiulio, Kelly, Paton, Richter, and Roth

Also present were the Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney’s Associate Nilufer DeScherer and Municipal Clerk Kathrine G. Coletta.

PRESENTATION; MAHWAH PRIDE AWARD
Calandrillo and DiGiulio presented Ms. Debbie Zumpano of Zumpano Realty and Ms.
Debbie Antonelli of My Sister’s Cottage with the Mahwah Pride Awards for their
efforts in keeping Mahwah beautiful.

PUBLIC HEARING
Green Acres Land Acquisition Application; Ridge Road
On a motion by Calandrillo, second by Kelly, the meeting was opened to the public. All in favor. Motion carried.

The Business Administrator made an opening introduction explaining the Township’s pending acquisition of the approximately 30 acre property at Ridge Road and MacArthur Boulevard for open space, conservation, and recreation use. This property is also proposed as replacement property for the Diversion Property from the Airmont Recreation Property. Acquisition funding is requested.

According to the Business Administrator, the New Jersey Department of Environmental Protection Green Acres Department has a program that the Township participates in called the Planning Incentive Acquisition Program. This Program could provide up to 50% of the funding for the acquisition of the property in question. This application is being prepared to seek half the acquisition costs from the New Jersey Department of


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February 10, 2005
Page 2

Environmental Protection Green Acres Department for the approximately 30 acre property at Ridge Road and MacArthur Boulevard.

The Business Administrator stated the purpose of this Public Hearing is to discuss the adoption of Resolution #041-05 Authorization; Acquisition of Green Acres Land; Ridge Road and subsequent filing of the Application for the amount of $1,715,000.00 which will be voted on later this evening.

Mr. Allan Kidd of 111 Miller Road stated rather then buying more Park Land to heed the suggestions made by his father and himself with regard to the use of the property along the Ramapo River that is restricted by the deed for passive recreation only.

According to Mr. Kidd, a minor portion of the restrictive covenant on the deed could be removed through legal means by the Township Attorney. Mr. Kidd urged the Township Council and Administration to seriously consider this prior to spending any more Township Funds on Park Land.

Mr. Peter Cassotis of 107 South Mahwah Road stated, in the regards to the Township’s request for funds from the State, if the funding from the Airmont Property gets transferred to the McBride Property will this affect this Grant Application. The Business Administrator stated the State would not want the Township to have a windfall or double recovery. The funding would be towards the acquisition costs. If the New Jersey Department of Environmental Protection Green Acres Department, which also is involved in the Airmont Property, authorized the diversion and sale of that property the amount of the Grant would be reduced so it would never exceed 100% of the acquisition cost.

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

Paton mentioned he was confused by the application stating a 1.1 Million Dollar Pending Application. The Business Administrator clarified by stating the acquisition price was $3,400.000.00. The 1.1 Million Dollars is where the balance of the money will be acquired through Municipal Funds.

Paton stated he felt we needed the property. Paton asked why on page 7 of the Green Acres Land Acquisition Application stated “not applicable” and there were no letters of support – he felt there should be a statement, or letters of support.

Roth asked what the deadline for submitting the Green Acres Land Acquisition Application. The Business Administrator said Tuesday of next week. Roth asked if we could obtain these letters Paton suggested prior to submission. The Business
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February 10, 2005
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Administrator said yes. Roth said to have this amended subject to Council receiving and attaching these letters of support.

Calandrillo asked if “Ridge-MacArthur Park” would be the name of the park if the Township acquires the land. Richter said no.

See Resolution #041-05, attached to and made part of these Meeting Minutes.

PUBLIC PORTION
On a motion by Calandrillo, second by Kelly, the meeting was opened to the public at 8:16PM. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road received a phone call from a concerned resident about the Budget Meetings. Mr. Kidd stated this man called the Municipal Clerk’s Office and asked when the next Budget Meetings were being held. According to Mr. Kidd the answer this resident received was that the Municipal Clerk’s Office was not sure, and to look it up in the newspaper. Mr. Kidd felt the Township was looking to hide these Budget Meetings, so the Public would not show up.

Mr. Kidd stated last week he asked Kelly why a Police Officer was present at all the Council Meetings. According to Mr. Kidd, the Township Attorney whispered to Kelly and Kelly answered due to the code. Mr. Kidd looked at the Township Ordinance Book and he did not see any code or ordinance that requires a Police Officer to be at these meetings. Mr. Kidd asked which code they were referring to. The Township Attorney’s Associate stated there was a reference in Article Two. Mr. Kidd stated he will look into this. Richter stated since 9-11 it was stated there will be an officer present at all Council Meetings for the General Public and the Council’s protection. Mr. Kidd asked why an officer was not present at the Planning Board Meetings. Richter stated she did not know because she was not on the Planning Board. Mr. Kidd felt the Police Officer’s presence was a waste of Township funds.

Richter and Calandrillo asked the Municipal Clerk for more information concerning the Resident - Budget Meeting phone call in the Municipal Clerk’s Office. Mr. Kidd stated, in defense of the Municipal Clerk’s Office, that he had spoken with the Deputy Municipal Clerk several times about the Township Budget Meetings, and she provided him with accurate and timely information each time he called.

Mr. Peter Cassotis of 107 South Mahwah Road asked Council to consider how much money would be appropriated in the Budget for the Township Recreation Department.

Mr. Cassotis cited that the surrounding Township’s are all funding their respective Recreation Departments with substantially more money then our Township is proposing.
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February 10, 2005
Page 4

On a motion by Calandrillo, second by Alderisio, the meeting was closed to the public at 8:19PM. All in favor. Motion carried.

APPROVAL OF BILLS AND CLAIMS
On a motion by Calandrillo, seconded by Kelly, the Bills and Claims, previously signed, totaling $4,296,479.04 were approved. All in favor. Motion carried. A list of Bills and Claims is on file in the Municipal Clerk’s Office.

APPROVAL OF MEETING MINUTES
On a motion by Alderisio, seconded by Calandrillo, the Work Session Meeting Minutes of October 7, 2004 were approved. Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

On a motion by Roth, seconded by Paton, the Work Session and Public Meeting Minutes of December 16, 2004 were approved. Roll Call Vote: Alderisio, yes; Calandrillo, abstain; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

REPORT OF THE TOWNSHIP COUNCIL AND MUNICIPAL CLERK
Kelly stated there was a meeting with Senator McNamara and Assemblyman O’Toole concerning the present Diversion Process and all went well. Kelly was hopeful concerning the assistance of Senator McNamara and Assemblyman O’Toole.

Paton stated on Wednesday, February 2nd there was a meeting of the President and Vice President of the Council and several members of the Board of Education. Richter added that this was an informal gathering to discuss a few things with the Board of Education prior to bringing it before Council.

Paton stated categories discussed were facilities, internal communications, joint activities and upcoming budgets.

Paton stated there was a property Councilman DaPuzzo attempted to acquire for the Ramapo Ridge Middle School and unfortunately was unable to do so. Paton stated there is a second attempt being made to acquire this property for the Ramapo Ridge Middle School.

Paton stated at this meeting there were discussions about the lighting in the Township as well as the pending construction on Wyckoff Avenue and how this would affect the Township School Systems. The Township School Systems are anxiously awaiting
further discussions with the Township Engineer. There will be future meetings such as these scheduled for each October and February.


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February 10, 2005
Page 5

Paton also stated that Storm Water Management was discussed concerning how the Teachers and Students can be advised about how Storm Water Management works.

Traffic flow on Ridge Road was discussed, and the Superintendent and Police Chief will work to alleviate this problem.

Paton stated a Value Benefit Statement will be provided for the Student Resource Officer Function for the Council’s perusal at the Budget Sessions.

Richter stated everyone received a copy of this report and to look over and read it prior to discussion.

Richter stated she had a good feeling about the meeting held with Senator McNamara and Assemblyman O’Toole and felt it was very important to the Township. Richter thanked all who were involved.

REPORT OF MAYOR AND BUSINESS ADMINISTRATOR
None.

ORDINANCE-PUBLIC HEARING
The title of an Ordinance was read as follows:
BOND ORDINANCE PROVIDING FOR STORAGE TANK REMOVAL AND PURCHASE AND INSTALLATION OF WASTE OIL COLLECTION SYSTEM IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $90,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $85,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF

On a motion by Calandrillo, seconded by Kelly, the meeting was opened to the public at 8:34PM. All in favor. Motion carried.

On a motion by DiGiulio, seconded by Roth, the meeting was closed to the public at 8:36PM. All in favor. Motion carried.

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

RESOLUTION – ORDINANCE NO. 1506

RESOLVED that the ordinance be passed and adopted on second reading and the Clerk is authorized to advertise in full as having been finally adopted, as required by law. Roll

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February 10, 2005
Page 6

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

****

CONSENT AGENDA
Resolutions #041-05 and #046-05 were removed from the Agenda.

Resolutions #036-05 through #040-05 and #042-05 through #045-05 were approved under the Consent Agenda. Resolutions are attached to and made part of these Meeting Minutes.

Resolution #046-05 was removed from the Consent Agenda and voted on individually. Resolutions are attached to and made part of these Meeting Minutes.

NEW BUSINESS
Resolution #047-05 and Amendment to Raffle Applications: Ramapo Ridge Middle School were approved. Resolution is attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS AND COMMUNICATIONS
Alderisio asked if the Board of Education and Council could combine mailings in order to save Township Postage Expenditures. Richter stated this is a good idea.

DiGiulio stated the Beautification will have meetings in March to discuss Veteran’s Park.

DiGiulio stated there will be a meeting of the WR3 Committee and they will see if there will be a representative that will come out from the Bergen County Historical Group to sit down and get an agenda together for the WR3 Celebration. August 26, 2006 is the date of the Celebration.

PUBLIC PORTION
On a motion by Calandrillo, second by Kelly, the meeting was opened to the public at 8:43PM. All in favor. Motion carried.

Mr. Allan Kidd of 111 Miller Road asked if the Public Meeting between Council and the Board of Education was advertised. Richter stated this was not a Public Meeting, or a formal meeting, it was a committee meeting. Mr. Allan Kidd asked why this was not considered a Public Meeting. The Township Attorney’s Associate stated there was not a quorum of the Council body in attendance. Richter stated there was nothing decided at all, it was only a discussion of ideas.


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February 10, 2005
Page 7

Mr. Allan Kidd stated he saw a 2x2 Electrical Panel Cover falling out from underneath the front porch. Mr. Kidd stated there are numerous discolored tiles in the Municipal Building as well as missing tiles in the Council Chambers. There were electrical cords hanging from the Senior Center that have warnings on the cords not to do so. Mr. Kidd wanted to know if steps were being taken to rectify these issues. Richter stated these issues are being addressed, and she thanked Mr. Kidd for his concern. Mr. Kidd asked when the building would be completed and water tight. Richter stated she would have the Business Administrator contact Mr. Kidd concerning this.

On a motion by Calandrillo, seconded by Kelly, the meeting was closed to the public at 8:47PM. All in favor. Motion carried.

On a motion by Calandrillo, seconded by Kelly, the meeting was adjourned at 8:48PM. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk

KGC/mcr








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