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TOWNSHIP OF MAHWAH
WORK SESSION MEETING MINUTES
THURSDAY, FEBRUARY 17, 2005

The meeting was called to order at 8:06PM by Council Vice President Kelly 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 in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, February 17, 2005 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 Alderisio, Calandrillo, DiGiulio, Kelly, Paton, Richter and Roth

Also present were Mayor Richard J. Martel at 8:10PM, Business Administrator Brian Campion, Township Attorney Menelaos W. Toskos, Township Engineer’s Associate, Mike Kelly, and Deputy Municipal Clerk Mary C. Ross.

TOWNSHIP COUNCIL and MUNICIPAL CLERK
5b. Discussion on Issues; Rio Vista Board of Trustees
Council Vice President Kelly announced Item 5b. shall be carried pending review by the Township Attorney and Police Department.

PROPOSAL; MAHWAH TEEN CENTER
Mahwah High School students Jess Leone and Rachael Thorman presented a concept for a Township Teen Center. Council thanked Ms. Leone and Ms. Thorman for their presentation. Kelly suggested for Ms. Leone and Ms. Thorman to visit the Teen Centers in Lodi, Fairlawn and Wayne in order to bring Council more concrete information about how Teen Centers are working in these Municipalities. DiGiulio suggested involving D.A.R.E. as a sponsor.

Paton, who assisted the Students in presenting their concept, thanked them for all their hard work, and for presenting their concept for a Township Teen Center to Council.

ENGINEERING (Boswell-McClave)
1a. Young World Day School; Discussion
Mr. Lou Darminio, Ms. Simpson, and Mr. Robert Fenners represented Young World Day School during this discussion.

The Township Engineer’s Associate gave a brief historical overview of the issues and problems with Traffic and the Young World Day School.

The County Representative gave a list of issues surrounding the Young World Day School Traffic Problem to include:
• Automobile Stacking
• Illegal U-Turns
• Speeding
• Automobile Back Up on Wyckoff Avenue
Work Session Minutes
February 17, 2005
Page 2

The County Representative stated he contacted Mr. Jamie Soladino, the Project Manager for the

New Jersey Department of Transportation and he received a favorable reply that the Department of Transportation will approve a Flashing Light; however, no action will be taken until the County Representative receives a letter from the New Jersey Department of Transportation confirming his conversation with Mr. Soladino.

Young World Day School will be responsible for signs that will need to be placed to reflect the Blinking Light and change in speed. Kelly asked Young World Day School to confirm that this would be so. The Young World Day School representatives said yes, they would be responsible for the necessary signage.

On a motion by Kelly, seconded by Calandrillo, the meeting was open to the public on the Young World Day School Discussion. All in favor. Motion carried.

Mr. Warren Roark of 589 Wyckoff Avenue voiced concern over the traffic problems being caused by the pick up and drop off of Young World Day School students. Mr. Roark stated Young World Day School is not doing enough to rectify the problems, and this is becoming a real safety issue.

Mr. Roark said he wanted to make sure the Township would not place the Blinking Light on his property. Richter explained the first 10 feet of his property was the County Right-Of-Way.

Mr. Roark asked to be notified, and to have the surrounding Residents notified, prior to any work on the Young World Day School Traffic Problem. Richter stated the Residents have, and would, be notified of the issues surrounding the Young World Day School Traffic Problem.

Mr. Roark stated the attendance at the Young World Day School have decreased over the past few years, and wanted to let Richter know this.

Mr. Dennis Hurley of 582 Wyckoff Avenue stated he wrote the Mayor a letter with regard to the safety issues surrounding the Young World Day School Traffic Problem. Mr. Hurley focused heavily on the proposed Left Hand Turns and how they would cause further safety issues. Mr. Hurley stated Wyckoff Avenue was not meant for this sort of traffic.

Ms. Mary Tsotsoros of 600 Wyckoff Avenue stated was concerned with County Right-Of-Ways, and that they do not apply to the west side of Wyckoff Avenue.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue stated he owns to the middle of the street on his property, and there is no County Right-Of-Way that applies to him. He further stated the Young World Day School Traffic Problem is causing bad traffic accidents.

Mr. Ken Wehinger of 3 Birch Road stated the Young World Day School Traffic Problem will cause bad traffic accidents if a Left Hand Turn is allowed.

Work Session Minutes
February 17, 2005
Page 3

Mr. Wehinger stated bussing would be a very good idea for Young World Day School.

Ms. Mary Ellen Moschetta of 8 Parsloe Court favored a Left-Hand-Turn and widening Wyckoff Avenue in the area of Young World Day School. She stated there is a very bad traffic problem and she had to stand in front of the traffic on Parsloe Court in order to cross the road to get her child out of the way who was on a bicycle.

Calandrillo asked if the County could be asked to consider widening Wyckoff Avenue. The County Representative stated this possibility was reviewed; however it is on a curve and there may be a safety issue. Also if a Left-Turn-Lane is established there may still be a stacking issue.

Mr. Dennis Hurley of 582 Wyckoff Avenue stated he will not permit his road to be widened in order to benefit the Young World Day School. Mr. Hurley asked if Council had authority over the County. Richter said no; however, the Township and the County have a very good working relationship.

Lieutenant Sinnaeve stated widening Wyckoff Avenue or lifting the No-Left-Turn requirement was not what is being considered. He stated what is being considered is a modification of the hours and the Ordinance to reflect No-Left-Turn into the parking lot from 8:30AM to 3:30PM.

Lieutenant Sinnaeve stated Young World Day School has worked hard to improve the stacking, and at no time, during his visual observation, did the cars exceed the speed limits.

Mrs. Tammy DeMartino of 580 Wyckoff Avenue stated she bought her home 3 years ago because the entire front of the house is all windows. She would feel that it would be a shame to have to view a flashing light after purchasing her home originally without one.

Ms. DeMartino stated if they take away the No-Left-Turn it will cause accidents on the black ice in the Winter.

Alderisio stated he felt the only thing that would relieve the problem was for the school to purchase property for parking or open the back of the property for parking. He stated the Young World Day School had been informed of these possibilities and have not chosen to utilize them. Alderisio is not in favor of lifting the No-Left-Turn.

Mr. Warren Roark of 589 Wyckoff Avenue asked if the possibility of adjusting classroom schedules and staggering drop offs was addressed. Richter said the Young World Day School said they would.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue stated the Young World Day School should have to figure out their own parking problems.

Ms. Mary Ellen Moschetta of 8 Parsloe Court stated the Township Police should enforce the illegal Left-Hand-Turns being made and the illegal turns in the mouth of Parsloe Court.

Work Session Minutes
February 17, 2005
Page 4

On a motion by Calandrillo, seconded by DiGiulio, at 9:20PM the meeting was closed to the public. All in favor. Motion carried.

Alderisio stated adjusting the school schedule would not work because the parents need to drop off their children and get to their jobs.

DiGiulio suggested moving the bus stop that is on Wyckoff Avenue near the Young World Day School because it is dangerous.

Lieutenant Sinnaeve stressed he, and the Township Police Department, are available to help the Young World Day School and the residents come to a safe solution to this problem.

Mr. Lou Darminio, of Young World Day School, stated they have done much to try to alleviate the problems with traffic at the Young World Day School on Wyckoff Avenue. Some of the efforts the Young World Day School has made are:
• Double Lanes.
• Eliminating parking on the corners.
• Tried to purchase property and were unsuccessful.
• Enrollment steady, eliminated smallest of children.
• Staggered times for drop off and pick up.
• Teachers park in the rear of the building.
• Inform parents through flyers concerning traffic concerns.

Mr. Darminio stated the Young World Day School does support keeping the No-Left-Signs in place; however they would like to see the Ordinance adjusted to reflect No-Left-Turn into the parking lot from 8:30AM to 3:30PM. The Young World Day School is willing to work with the County and the Township in order to rectify any traffic issues that still remain.

Richter asked Mr. Darminio to hand any paperwork reflecting what he has just stated to the Municipal Clerk for future distribution.

Richter asked why the Young World Day School has not considered Shuttle Busses. Ms. Simpson of the Young World Day School stated while they do have some bussing services, since the Township does not offer vouchers or transportation they cannot have a complete bussing service at this time.

Roth asked to have the Young World Day School’s personal bussing service expanded. Ms. Simpson stated it is up to the parents to have their children ride on the bus, and some parents do not choose to use this service. Mr. Darminio stated the Young World Day School can encourage, but cannot mandate bussing.

Paton voiced concern over the speed limits on Wyckoff Avenue. Paton suggested lowering the speed limit on the entire stretch of Wyckoff Avenue. The County Representative stated they are presently looking into the speed limits on Wyckoff Avenue.

Work Session Minutes
February 17, 2005
Page 5

Calandrillo suggested that Young World Day School have a Community Meeting with Lieutenant Sinnaeve present to discuss this further. The Township Engineer stated they were using this meeting to serve that purpose. Mr. Darminio will discuss this possibility with Ms. Jarsma.

Kelly asked Lieutenant Sinnaeve to explain what the caveat of “when children are present” meant with regard to a speed limit near a school system. Lieutenant Sinnaeve stated it was simply when children are visibly present in the area the speed indicated must be maintained. Lieutenant Sinnaeve is seeking Grant Money for similar signage on Ridge Road.

Kelly asked the Township Attorney when a Township has the right to ask a business to hire a Police Officer to ensure the law is being upheld in situations such as Young World Day School Traffic Problem. The Township Attorney will research this and will subsequently submit a memorandum to Council.

DiGiulio cautioned all to fix this problem before someone gets hurt.

Calandrillo asked for Young World Day School and the County Representative to get a list of the neighbors close to the Young World Day School incase they choose to contact them.

Richter thanked all for their attendance.

PUBLIC PORTION
On a motion by Calandrillo, seconded by Kelly, the meeting was open to the public at 9:45PM. All in favor. Motion carried.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue stated asked the Township Engineer to correct the Tax Map. The Township Attorney stated the Township Engineer had the Tax Map corrected.

Mr. Joe Fagan of 23 Strong Street stated there is a rumor at the Senior Center that there was a “secret meeting” held by Council about a new Township Field being opened. Richter stated this was an Executive Meeting of the Board of Education with Kelly and Paton in attendance. This was not an Official Meeting, it was a Brainstorming Meeting. Richter stated Council is not in favor of the field in question being opened at this time, due to budgetary constraints.

Kelly stated no commitments were made about a field at the meeting, and he asked whoever was spreading this rumor to cease from doing so.

Mr. Allan Kidd of 111 Miller Road was very concerned over the possibilities of “secret meetings” being held in the Township. Mr. Kidd stated the press and the public should be in attendance at all such meetings.

Mr. Kidd stated with regard to Young World Day School that if people in the Township were kept in the loop, and communication was better, problems would be solved more efficiently.

Work Session Minutes
February 17, 2005
Page 6

Ms. Karen Stoohs of 85 Malcolm Road brought a drainage issue that was damaging her home to Council’s attention. She stated that she was on the agenda and asked if the Township Engineer could be present when this issue is heard. Richter stated as soon as Public is finished, Council will move her up on the Agenda.

On a motion by Alderisio, seconded by Roth, the meeting was closed to the public at 9:55PM. All in favor. Motion carried.

SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on the Bills and Claims were asked to contact Administration prior to the Public Meeting.

ENGINEERING (Boswell-McClave)
1e. Drainage Complaint; 85 Malcolm Road
The Township Engineer gave a brief overview of the drainage problems at 85 Malcolm Road. The Township Engineer stated they have received a $150,000.00 Grant to study all the drainage issues in the Cragmere Section of the Township.

The Township Engineer offered three possible solutions to the 85 Malcolm Road dilemma:
• Install a Drainage Line on Armour Road and pipe the ditch using existing culverts.
• Go through the Stoohs driveway and make $30,000.00 of improvements to the driveway.
• Obtain an approval, easement, and cooperation of 87 Malcolm Road to lower the ditch by a foot and a half which would cost about $15,000.00 in addition to easement costs.

The Township Engineer stated the owners of 87 Malcolm Road did not appear to want to cooperate.

Roth asked if removing the hump in the Stoohs driveway would help the drainage problems. The Township Engineer’s Associate stated it will help.

The Township Attorney discussed the possibility of condemning the easement with Roth. Roth asked if a formal request to the owners of 87 Malcolm Road to consider cooperating with the Township might be a better place to start.

Kelly stated he sees a problem with this situation, and anything less than correcting the drainage issue in the Cragmere Section would be a “band-aid” solution.

Richter stated more information is needed with regard to this situation.

DiGiulio suggested running the pipe and obtaining grants in order to fix this situation. DiGiulio suggested using the report as a foundation for a Grant Application.

The Township Engineer suggested putting a drain in and taking the hump out of the Mr. & Mrs. Stoohs driveway to repair the problem.

Work Session Minutes
February 17, 2005
Page 7

Roth stated the Township needed to solve the problem with the ditch and get a long term study of the area. Roth stressed the need to help Mr. & Mrs. Stoohs with this issue.

On a motion by DiGiulio, seconded by Roth, the meeting was open to the public at 10:25PM for the express purpose of discussion the problems at 85 Malcolm Road. All in favor. Motion
carried.

Mrs. Stoohs stated for the record that the neighbor in question is not residing at 87 Malcolm Road. He resides at 155 Airmont Road. Mrs. Stoohs explained to Council the issues at stake and how their home is being totally destroyed by this drainage issue.

Mrs. Stoohs claimed the inability to see her home due to the drainage issues.

Mrs. Stoohs stated her neighbor is uncooperative.

Mrs. Stoohs implored Council for their help, stating this issue was urgent.

DiGiulio asked the Township Attorney if the stream is on the neighbor’s property, is the neighbor liable. The Township Attorney stated there may be liability, and he will check into the possibility. DiGiulio asked to have this matter resolved.

The Township Engineer stated he would have more information for Council on this issue prior to the next Work Session Meeting.

On a motion by Calandrillo, seconded by Roth, the meeting was closed to the public at 10:36PM. All in favor. Motion carried.

1b. Russo Development; MacArthur Boulevard and North Central Avenue; Block 139, Lot 4; Authorization for Mayor and Municipal Clerk to Execute Developer’s Agreement (Dkt. #462)
Resolution shall be prepared for the February 22, 2005 Public Meeting.

1c. Mahwah Homes Inc. (The Orchards of Mahwah, Section III); McIntosh Drive; Block 120, Lots 115.04, 115.05, 115.06 and 115.07; Request for Release of Performance Guarantee (Dkt. #74)
Resolution shall be prepared for the February 22, 2005 Public Meeting.

1d. 2004 Road Improvement Program; Change Order #2; Reduction in Contract Amount
(Bid #04-21)
Resolution shall be prepared for the February 22, 2005 Public Meeting.

1f. Verbal Status Report
The Township Engineer stated there has been a request made for three Grants for 2005 as follows:
• Airmont Road/Hilltop Road $2.5 Million
Work Session Minutes
February 17, 2005
Page 8

• Route 202 and Darlington Avenue $1 Million
• Franklin Turnpike and Miller Road $2.45 Million

Kelly asked about Willowbank. The Township Engineer stated the County will not get to this
job until the summer. The Township Engineer stated this would need to be budgeted for this year if the Township wanted the work done. The Business Administrator said he would follow up with the material that would need to come from the Department of Public Works Budget. The Business Administrator will review the Budget. The Engineering costs for the Willowbank job would be $40,000.00.

UTILITY ENGINEER (Malcolm Pirnie)
2a. Proposal; Nilsen Avenue Booster Station
The Township Utility Engineer stated the report indicates improved pressure, circulation, and
water quality for residents who will benefit from the Nilsen Avenue Booster Station.

The Township Utility Engineer gave a brief overview of the report for Council. The
Township Utility Engineer explained the possible reasons for low water pressure in the
Thunderhead Area of the Township.

Paton voiced concern over the plan stating piping may need to be replaced as the years progress.
Paton asked for a summary of the report and any changes that were made.

Roth stated the Thunderhead Area Water Pressure is much lower then it should be. Roth did not
understand why Council would settle this prior to understanding why the pressure was low in
both the red and the blue areas. The Township Utility Engineer stated the red and the blue area
are different situations and the solution for each one were different. Paton could not understand
how a repair for the red area would not help improve the blue area. The Township Utility
Engineer stated it may help, but it will not solve the problem.

Alderisio asked when the Township Utility Engineer realized these problems. The Township
Utility Engineer said it was through research. Alderisio stated all the problems should have been
researched more thoroughly prior to beginning the project. Alderisio stated the Township Utility
Engineer should find out about the blue area prior to beginning any work on the red area.

Calandrillo asked if the Township Utility Engineer was confident that elevation was the problem
in the blue area. The Township Utility Engineer said he was confident that it was a problem with
the pipe. Calandrillo was concerned over the fact that the Township Utility Engineer cannot find
one of the valves that may be part of the problem. The Township Utility Engineer stated it may
not be part of the problem, and more research is needed. Calandrillo concurred that the
Township Utility Engineer needed to provide more information to Council on this.

DiGiulio asked what the life expectancy was for the Proposed Pump Station. The Township
Utility Engineer said 10-20 years for the inside and 30-40 years for the outside. DiGiulio stated
this project should not begin until all the information is gather and provided to Council.
DiGiulio did not want to see a “band-aid” solution.

Work Session Minutes
February 17, 2005
Page 9

Kelly asked if this should be removed from the Budget. The Business Administrator stated this
is proposed in the Water Capital Budget and it can be amended.

Paton asked how long the study would take. The Township Utility Engineer stated 2 weeks.

Roth asked for a proposal of the cost prior to any further movement on this project. The
Township Utility Engineer stated he would get that information to Council. The Business
Administrator stated he would need input from the Water Department and Department of Public
Works Supervisor.

Kelly stated the homeowners in the area of proposed work should be notified prior to any work.

2b. Change Order; East Slope Reservoir Rehabilitation
The Township Utility Engineer stated there were holes found in the tank that needed steel patches. This was discovered after the removal of paint. There is an Allowance Item of $20,000.00 for unspecified work to be done at the Township’s Direction. According to the Township Utility Engineer this Change Order falls under this Allowance Item. The Business Administrator stated the contractor will be given Township’s Direction in this matter, and if there is a price discrepancy it will be dealt with the arbitrators at a later date.

2c. Oral Status Report
The Township Utility Engineer stated the Bonding Company and Montana Construction have signed their contract, and shop drawings have been received by the Township Utility Engineer and are currently in review. Montana Construction will need two weeks after approval to get the supplies necessary to begin work. Completion of the Job will be approximately two weeks after delivery of necessary materials.

The Valve Issue is still being worked on at this time.

LEGAL
3a. Bond Ordinance; Phase 5 Sewer Project
The Township Attorney gave a brief overview of the Bond Ordinance for the Phase 5 Sewer Project.

Calandrillo asked for a break down for the Phase I Sewer Project.

The Business Administrator stated the largest issue for the Phase 5 Sewer Project is to figure out how much the Residents will be charged for the Phase 5 Sewer Project by way of assessment.

Roth asked what percentage of assessment we were averaging in the other phases. The Business Administrator said 50%.

The Business Administrator stated the Township Utility Engineer is to provide a report to him with regards to roadways in the Phase 5 Sewer Project that have no water lines.

Work Session Minutes
February 17, 2005
Page 10

Alderisio asked if bonding would be available through the Water and Sewer Department. The Business Administrator said yes.

A Straw Poll Vote was taken to approve a 50 percent assessment for Township Residents included in the Phase 5 Sewer Project. Roll Call Vote: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Paton, yes; Richter, absent; Roth, yes; Kelly, yes. Motion carried.

The Business Administration stated more information for the Phase 5 Sewer Project will be available for discussion at the next Work Session Meeting.

3b. Stormwater Management Ordinances
Item carried.

ADMINISTRATION
4a. Grant Application; Bergen County Department of Human Services; Continuation of Van Driver for Seniors
Resolution shall be prepared for the February 22, 2005 Public Meeting.

4b. Amendment; Resolution #029-05 ( Mayoral Appointments; Library Board of Trustees)
Resolution shall be prepared for the February 22, 2005 Public Meeting.

4c. Mayor’s Proclamation; Read Across America – New Jersey
Mayor Martel shall read the Proclamation at the February 22, 2005 Public Meeting.

4d. Request to Vacate Portion of Right-of-Way; 87 Skytop Drive
Item carried.

4e. Request to Purchase Township Parcel; Bl. 9, Lot 17; Lakeview Drive
Removed from Agenda.

4f. Request to Cancel Taxes; 10 Woodbury Lane
Resolution shall be prepared for the February 22, 2005 Public Meeting.

4g. Request to Cancel Taxes; 135 Deerhaven Road
Resolution shall be prepared for the February 22, 2005 Public Meeting.

TOWNSHIP COUNCIL and MUNICIPAL CLERK
5a. Request for Waiver on Right-of-Way Infringement; Cobblestone Court, Airmont Road (Block 123, Lot 18)
Ms. Gail Price Esq. stated Airmont Construction LLC needs an approval for a retaining wall at
Cobblestone Court. According to Ms. Price, the Planning Board is in favor of granting this
request. Ms. Price gave a brief overview of what Airmont Construction LLC was seeking from
Council and stated the Legal Agreement will provide further information.

Work Session Minutes
February 17, 2005
Page 11

Roth asked the Township Engineer’s Associate for his input with regard to the request. The
Township Engineer’s Associate stated by installing this retaining wall it will reduce damage
to the existing trees in the area. Roth asked what the retaining wall would be constructed of.
Township Engineer’s Associate said the retaining wall would be constructed using boulders.

Roth voiced concern over possibly disturbing the trees.

Paton asked to have the Property Owner tend to the maintenance of this property.

Paton asked the Police to look into the fact that there will be a No-Left-turn on to Airmont going
South, and what ramifications this will have.

DiGiulio asked how much of the Right-Of Way will be left. The Township Engineer said 10
feet. DiGiulio did not want to set a precedent of three feet from the curb for other Township
Properties. The Township Attorney stated there is an Ordinance that will allow this and
Airmont Construction LLC is following the proper procedures with regard to their request.

Calandrillo asked who will take care of the maintenance. Ms. Price said the developers will be
living in the subdivision and they will take responsibility for the encumbrances, and
maintenance will be outlined in the Developer’s Agreement which can be carried forward into
the Easement Agreement.

Paton asked Kelly’s opinion in the request. Kelly stated he is in favor of it; however he is
concerned with protecting the trees roots when the retaining wall is constructed so the trees are
not lost.

Straw Poll Vote to grant Airmont Construction LLC the Waiver on Right-of-
Way Infringement: Alderisio, yes; Calandrillo, yes; DiGiulio, yes; Kelly, yes;
Paton, yes; Roth, yes; Richter, yes. All in favor. Motion carried.

Ms. Price will submit the covenant to the Township Attorney.


5c. Renewal Of Liquor License for 2004/2005 Term; Ferrari’s Inc.
Item carried.

5d. Acknowledgement; Township Access Transportation Program (Richter)
Item carried.

5e. Resolution; Support of the Military Death Benefit Improvement Act of 2005
Resolution shall be prepared for the February 22, 2005 Public Meeting.

5f. Raffle Applications
1. Immaculate Conception Church
2. St. Anthony’s Community Hospital (On Premise)
Work Session Minutes
February 17, 2005
Page 12

3. Church of the Immaculate Heart of Mary (On Premise, 50/50)
4. Church of the Immaculate Heart of Mary (Wheels and Games)
5. Skylands Association Inc. (On Premise)
6. Skylands Association Inc. (On Premise, 50/50)
The above Raffle Applications were tentatively approved. Final approval shall be voted on at the
February 22, 2005 Public Meeting.

CLOSED SESSION
The Closed Session items with regard to Contract Negotiations and Tax Appeals were carried.

On a motion by DiGiulio, seconded by Roth, Council adjourned at 12:10am. All in favor. Motion carried.

Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk

kgc & mcc




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