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TOWNSHIP OF MAHWAH
PUBLIC MEETING MINUTES
THURSDAY, JUNE 9, 2005

The meeting was called to order at 8:00PM 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 in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, June 9, 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, DiGiulio, Kelly, Paton, Richter and Roth.
Absent: Councilmember Calandrillo.

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


APPROVAL OF BILLS and CLAIMS
On a motion by Roth, seconded by Kelly, the Bills and Claims, previously signed, totaling $3,866,994.56, were approved. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, 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 Roth, seconded by Kelly, the Special Work Session Meeting Minutes of May 18, 2005 and the Public Meeting Minutes of May 12, 2005 were approved. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes. Motion carried.

REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
Alderisio stated the Library and Senior Citizen Committees will meet next Wednesday.

DiGiulio stated the Beautification Committee had a meeting to discuss Veteran’s Park and all went well except there is still discussion to where the Bus Stop will be. The Township Engineer will bring this to Council when a final decision must be made.

Kelly stated on Monday he attended a meeting at Passaic Community College for Water District No. 5 on Stormwater Management. Kelly stated he gave Richter a copy of the notes for this meeting, so it would be available for Councilmembers.

Paton stated on the 6PM News there was a story on contamination drums - solid waste material in the Hillburn area of New York State. Paton was disappointed with the New York Department of Environmental Protection’s response that there was no problem now that they knew this contamination drums - solid waste material existed. Paton stated this is in our feed to our
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June 09, 2005
Page 2

waterways and he is very concerned.

REPORTS OF MAYOR and BUSINESS ADMINISTRATOR
No report.

PUBLIC PORTION
On a motion by Alderisio, seconded by Roth, the Meeting was opened to the public at 8:07PM. All in favor. Motion carried.

Mr. Ken DeFerrari, Commander of the VFW Post in the Township, of 69 Maysenger Road thanked the Mayor and Council for their help over the years.

Mr. Fred Heissenbuttel of 26 Nilsen Avenue addressed Ordinance 1507. Richter asked Mr. Heissenbuttel to save his comments for the Public Hearing later in the meeting.

Mr. Lou Guarneri of 128 MacLeish Court requested reports from the Mayor and Business Administrator on a monthly basis which point out the steps being taken to lower the Budget.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue questioned how many hours the Police Department spends in Court and on I-287.

Mr. Tsotsoros also questioned if the Township receives money from the County to sweep the County roads. The Mayor answered the Township does not sweep the County roads. Mr. Tsotsoros complained about garbage accumulated in the area of the guard rail on Wyckoff Avenue to West Crescent Avenue.

Mr. Allan Kidd of 111 Miller Road was distressed to see Councilwoman Calandrillo not at the meeting. Mr. Kidd asked Council to consider an Ordinance requiring Councilmembers to attend Council meetings.

Mr. Arthur Lowe of 31 Erskine Court mentioned Roth’s request last week for funds for a metal conduit to encase the Fiber Optic Cable to run vertically from the basement to the roof. In Mr. Lowe’s opinion, the metal conduit is not necessary, and MC Fiber Optic Cable would be a better solution financially to the problem.

Mr. Albert Kidd of 851 Darlington Avenue pointed out that at the intersection of Darlington Avenue and Seminary Drive the street sweeper is periodically there.

Mr. Kidd asked about the Outdoor Sales Ordinance. The Township Attorney’s Associate responded the Ordinance shall be discussed at the July 14, 2005 Work Session/Public Meeting.

Mr. Kidd questioned the $200. rent charged for the East Ramapo Avenue property. The Township Attorney’s Associate answered this shall be discussed at the July 14, 2005 Work Session/Public Meeting.

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June 09, 2005
Page 3

Mr. Kidd questioned where the Clerk of the Works was when work was being done on Route 202 and Franklin Turnpike. Richter answered the Council will be receiving a report from the Engineer shortly.

Mr. Kidd asked that now the Budget has been passed, is there a plan for spending to be reduced.

Mrs. Rosemary Bergman of 193 Mahwah Road is concerned about vehicles going through stop signs on Beveridge Road and Allcott Road. Richter responded she shall have the necessary Departments look into this.

Mr. Allan Kidd of 111 Miller Road asked why a Police Officer was not present at this meeting. Richter stated he would be arriving shortly.

On a motion by DiGiulio, seconded by Roth, the meeting was closed to the public at 8:28PM. All in favor. Motion carried.

ORDINANCE – INTRODUCTION
The title of an Ordinance was read as follows:
AN ORDINANCE AUTHORIZING AN INCREASE IN PURCHASE PRICE FOR THE ACQUISITION OF BLOCK 8, LOTS 7, 8, AND 9.

RESOLUTION – ORDINANCE NO. 1517

Introduced by Paton, seconded by Roth.

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 June 23, 2005 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.

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


ORDINANCE – PUBLIC HEARING
The title of an Ordinance was read as follows:
AN ORDINANCE TO AMEND CHAPTER 7 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH TO PROVIDE FOR STOP SIGNS AT THE INTERSECTION OF JOHNSON AVENUE AND MEADOW AVENUE AND PROHIBITING LEFT HAND TURNS FROM RAMAPO VALLEY ROAD
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June 09, 2005
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NORTHBOUND ONTO BROOK STREET AND CATHERINE AVENUE

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

Mrs. Melissa Ritter of 115 Catherine Avenue thanked the Council for taking action and adopting the Ordinance.

Mr. Stan Smyla of 127 Catherine Avenue is opposed to the Ordinance. Mr. Smyla feels undue stress is being placed on the residents. Mr. Smyla feels measures could be taken to slow down the traffic.

Mr. Fritz Franke of 13 Brook Street asked for the speed limit to be posted on Brook Street and Catherine Avenue. Mr. Franke also suggested a traffic light be installed on Route 202 by the Janek’s Market.

Mr. Allan Kidd of 111 Miller Road stated with regard to Alderisio speaking to Lieutenant Sinnaeve about this Ordinance that it was his belief that Councilmembers were not allowed to approach Department Heads. Mr. Kidd was concerned over this and felt this should have gone through Administration first. Richter stated Alderisio was given permission to speak to Lieutenant Sinnaeve.

Mr. Dave Harrison of 267 Orchard Drive feels something has to be done about the traffic on Catherine Avenue.

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

On a motion by Kelly, seconded by Paton, the hours in Section 3, paragraph f were amended from 3:00PM to 4:00PM. All in favor. Motion carried.

On a motion by Kelly, seconded by Paton, the following Resolution, as amended, was passed and adopted:

RESOLUTION – ORDINANCE NO. 1514

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, yes; Roth, yes; Richter, yes.

ORDINANCE – CONTINUATION OF PUBLIC HEARING
#1507 Bond Ordinance; Phase 5 Sanitary Sewer Project

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June 09, 2005
Page 5

BOND ORDINANCE PROVIDING FOR STAGE V OF THE SANITARY SEWER SYSTEM IN AND BY THE TOWNSHIP OF MAHWAH, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING $5,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,000,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING THE COST THEREOF AND PROVIDING FOR A SPECIAL ASSESSMENT OF THE COST THEREOF ON THE PROPERTIES BENEFITTED BY SUCH IMPROVEMENT.

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

Mr. Fred Heissenbuttel of 26 Nilsen Avenue referred to his letter of June 9, 2005 and his neighbor’s letter dated June 2, 2005. Mr. Heissenbuttel sees the vote as evenly split for this street. Mr. Heissenbuttel feels this is now a health issue.

Mr. Wayne Hollm of 46 Nilsen Avenue feels that if sewers are put on his street it would create a hardship for his family and possibly result in his moving.

Mrs. Nancy Schempp of 33 Nilsen Avenue feels sewers on her street are not an option but a necessity.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue disagreed with the sewers being installed in his area.

Mr. Basil Kayal of 46 Skytop Drive stated sewers are needed in his area as the septics are starting to go and they cost too much to replace. Mr. Kayal stated the financing is more economical through the Township for sewers, rather then replacing a septic and financing it himself.

Mrs. Mary Tsotsoros of 600 Wyckoff Avenue stated economics is the reason she disagrees with her area going with sewers.

Mrs. Tsotsoros asked who appoints the Sewer Assessment Commission and what type of experience do they need to be on the Commission. The Township Attorney’s Associate stated the members of the Sewer Assessment Commission must be residents of the Township and usually have experience on past Sewer Assessment Commissions, or some knowledge or real estate and public works. These people are also not involved in the actual Sewer Assessment.

Mr. George Wagner of 26 Bartholf Lane asked where his property stands as far as the installation of sewers. Richter answered that at present there is a 2 no, 1 yes vote on Bartholf Lane so sewers will not be on Bartholf Lane.

Mr. John Bush of 22 Long Avenue asked how Council views a tie vote. Richter stated Council looks for the majority vote.

Mr. George Wagner of 26 Bartholf Lane further discussed the voting of no sewers on Bartholf
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June 09, 2005
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Lane. Mr. Wagner asked to have his area expanded to encompass more yes votes. Richter stated his request is noted.

Mr. Lou Guarneri of 128 MacLeish Court asked if the sewer pipe would be run in the “no” areas. Richter said no. Mr. Guarneri was concerned over the road being ripped up after paving to include a possible future sewer line in this area. Richter stated Council would have to approve a future sewer project before any sewers are installed.

Mr. George Kayal of 599 Wyckoff Avenue thanked Council for the opportunity to put sewers in Wyckoff Avenue in his area as an improvement.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue maintained that septic systems are fine for his area of the Township.

Mrs. Nancy Schempp of 33 Nilsen Avenue referred to the first meeting where sewers were discussed and it was mentioned those who were seniors or those who had special needs would only pay for the area across their property.

Mr. Wayne Hollm of 46 Nilsen Avenue explained he cannot afford the $12,000. to pay upfront or to pay it over 10 years.

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

Mr. Vishal Shah of Malcolm Pirnie and the Business Administrator went over, via a blown up Area Map, the areas which were being considered for sewers.

The Business Administrator maintained that there is no $12,000.00 set figure for these sewers. The Business Administrator stated this figure may be higher or lower then the $12,000.00 suggested this evening by members of the Public.

Richter left at 9:21PM. Kelly took over the meeting.

Richter returned at 9:27PM. Kelly returned to his seat.

Kelly asked for the numbers of the areas. Mr. Shah shall provide.

The Business Administrator said in Area 1 there were no changes.

Roth made a motion, seconded by Alderisio, to amend the Bond Ordinance to include in Area 2 Nilsen Avenue. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, no; Paton, yes; Roth, yes; Richter, yes.

Paton made a motion, seconded by Roth, to accept Area 3. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.
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June 09, 2005
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Roth made a motion, seconded by Kelly, to amend Area 4 to stay within the current confines of the area. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

Kelly made a motion, seconded by Paton, to remove Area 7 from the Ordinance. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

Kelly made a motion, seconded by Paton, to amend Ordinance #1507 to remove Area 8. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

Alderisio made a motion, seconded by Roth, to include Area 9, as amended, in Ordinance #1507 to delete 2 Swan Road and add 281 Myrtle Avenue. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

Paton made a motion, seconded by Alderisio, to accept the original recommendations for Area 10 as per Administration and the Township Utility Engineer, and to add Property No. 22, and delete Block 153, Lot 1 already connected in the Borough of Ramsey. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, yes; Kelly, no; Paton, yes; Roth, yes; Richter, yes.

Public hearing on Ordinance, as amended, shall be voted on June 23, 2005. Municipal Clerk’s Office shall send letters to those have not received letters and will be included and those whose status has changed.

CONSENT AGENDA
Resolutions #148-05 through #150-05 were voted on under the Consent Agenda. Resolutions are
attached to and made part of these Meeting Minutes.

NEW BUSINESS
See Resolution #151-05 attached to and made part of these Meeting Minutes.

COUNCIL COMMENTS and COMMUNICATIONS
Roth commented on the Cable Advisory Committee meeting with regard to CableVision. The consensus of the Committee is the Ordinance is not ready to complete, and they are awaiting further information prior to the final preparation of said Ordinance.

Paton asked Council to contact the Municipal Clerk about attendance at the High School Graduation as soon as possible.

Paton stated he attended a Board of Education meeting last night and indicated the Superintendent of Schools and the Police Department are working on Homeland Security Issues.




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June 09, 2005
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Paton was concerned that the Continental Soldiers Park held a Field Soccer and Lacrosse Event with tents, tables and chairs on the Astro-Turf. Paton wanted to know if this was permissible. The Mayor stated he would investigate the matter. Paton also mentioned a Police Road Speed Device was used at this event to measure how fast children were throwing baseballs.

Richter asked for the status on the Recreation Director’s Vacancy. The Mayor stated he is handling this position at the present time, and one application has been received. A Job Description is being prepared.

REPORTS OF SUBCOMMITTEES
DiGiulio stated the Beautification Committee has finalized Veteran’s Park; however, Council will still need to define and approve the Bus Stop. DiGiulio stated Lieutenant Sinnaeve will get back to her with the proposed Traffic Patterns.

PUBLIC PORTION
On a motion by Kelly, seconded by Alderisio, the meeting was opened to the public at 10:36PM. All in favor. Motion carried.

Mr. Steve Tsotsoros of 600 Wyckoff Avenue felt discriminated against, and he complained about the Council’s decision with regards to Wyckoff Avenue’s inclusion in the Phase 5 Sewer Project.

Mr. Lou Guarneri of 128 Mac Leish Court was concerned over the repaving at Wyckoff Avenue and Forest Road and the possibility of having the new paving ripped up to put in the sewers. Richter stated there will only be temporary paving installed until the sewers are finished.

Mrs. Mary Tsotsoros of 600 Wyckoff Avenue stated she worked diligently for the Township in the past, and was discouraged over Council’s decision concerning the Phase 5 Sewer Project and the hardship it would cause her family. She felt her neighbors the Kayal’s were offensive to herself and her husband at tonight’s meeting.

On a motion by Paton, seconded by Roth, the meeting was closed to the public at 10:43PM. All in favor. Motion carried.

CLOSED SESSION
On a motion by Alderisio, seconded by Paton, Council went into closed session at 10:44PM for the purpose of discussing Personnel. Roll call vote: Alderisio, yes; Calandrillo, absent; DiGiulio, absent; Kelly, yes; Paton, yes; Roth, yes; Richter, yes.

On a motion by Alderisio, seconded by Roth, Council came out of closed session at 11:45PM. All in favor. Motion carried.

On a motion by Alderisio, seconded by Roth, the meeting was adjourned at 11:46PM. All in favor. Motion carried.

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June 09, 2005
Page 9


Respectfully submitted,



Kathrine G. Coletta, RMC/CMC
Municipal Clerk

kgc and mcc





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