TOWNSHIP OF MAHWAH
COMBINED WORK SESSION AND PUBLIC MEETING MINUTES
THURSDAY, AUGUST 21, 2008
The meeting was called to order at 8:03PM by Council President DaPuzzo who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in The Record on July 11, 2008 stating this meeting would be held in the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey on Thursday, August 21, 2008 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, DaPuzzo, Hermansen, Kidd, Larson and Roth.
Absent: Councilmember DiGiulio
Also present were Mayor Richard J. Martel, Business Administrator Brian Campion, Township Attorney Terry Paul Bottinelli and Municipal Clerk Kathrine G. Coletta.
MOMENT OF SILENCE – MICHAEL DROZD
A moment of silence was observed for Fire Inspector Michael Drozd who recently passed away in an automobile accident.
PUBLIC PORTION
On a motion by Roth, seconded by Hermansen, the meeting was opened to the public at 8:04PM. All in favor. Motion carried.
Mr. Steve Tsotsoros of 600 Wyckoff Avenue questioned the status of the traffic situation on Wyckoff Avenue. DaPuzzo said this item will be discussed at the Council Meeting in 2 weeks.
Mr. Warren Jacoby of 4 Birch Road requested the Township hold off on erecting the No Parking signs on Birch Road.
Mr. Jacoby said he spoke with the Police Chief and it is the sense of the Police Department that directing traffic from Young World Day School down Fardale Avenue through Youngs Road would be the safest route. He asked that Young World Day School be asked not to direct the parents from the school in any particular direction until he and his neighbors have the opportunity to speak with the Police Department and the County.
DaPuzzo asked the Municipal Clerk to write a letter to Young World Day School asking them to hold off on directing traffic from their school anywhere at this point. He further said alternatives are being explored to determine the safest plan of directing the traffic.
Mr. Jacoby spoke about a crosswalk on Wyckoff Avenue in the area of Birch Road which goes into a telephone pole and a curb. He feels the crosswalk is inviting the school to park on Birch Road. DaPuzzo directing the Municipal Clerk to write a memorandum to the Township Engineer asking him to inquire who installed the crosswalk.
Combined Work Session and Public Meeting Minutes
August 21, 2008
Mr. Albert Kidd of 851 Darlington Avenue asked the amount of the Township’s debt. Mr. Kidd further said it was his understanding the amount was $47 million however, last week when he asked the amount given was $37 million. The Business Administrator explained the $47 million amount is the Total Amount which the Township can owe but that is not the amount which is owed.
Mr. Kidd said it is a pleasure to drive on Ridge Road with the schools not open as there is less traffic.
Mr. Kidd questioned what lawsuits the Township currently has pending. The Township Attorney said asked if there was any lawsuit in particular Mr. Kidd was questioning. Mr. Kidd asked the status of the Olney Road lawsuit. The Township Attorney said the case is pending before Judge Harris in September. Mr. Kidd asked the status of the Cipriano lawsuit. The Township Attorney said there was a decision issued by the County. Mr. Kidd asked if this means the nursery can do as they please. The Township Attorney said there are restrictions on what can occur. He further said the Agricultural Board upheld the Township’s position that some of the uses were commercial and they are not allowed. Mr. Kidd questioned whether the owner can operate a farm. The Township Attorney said the farming activity was able to be verified and the Agricultural Board stamped their approval on the fine. He further said much of the commercial aspect must cease. Mr. Kidd understands this to mean they can act as a farm but not retail. The Township Attorney said basically.
Mr. Kidd spoke about the article in the newspaper recently on police patrolling I-287.
Councilman Kidd said in Pompton Lakes, Kinnelon, Franklin Lakes and Montvale the Police Chief has determined the officers will focus on patrolling the local streets and not I-287. Kidd encouraged Administration to provide the article in the newspaper to the Police Chief.
On a motion by Roth, seconded by Larson, the meeting was closed to the public at 8:20PM. All in favor. Motion carried.
WORK SESSION
SUBMISSION OF BILLS AND CLAIMS
Any Councilmember with questions on the Bills and Claims was asked to confer with
Administration prior to the Public Meeting.
ENGINEERING (Boswell-McClave)
1a. Verbal Status Report
None.
Combined Work Session and Public Meeting Minutes
August 21, 2008
TOWNSHIP UTILITY ENGINEER (Malcolm Pirnie)
2a. Verbal Progress Report
None.
LEGAL
3a. Amendment to Township Code – Recreation Section 9-1.3
Recreation Director Dawn DaPuzzo and Recreation Committee Chair Harry Williams were present.
The Township Attorney explained the Recreation Department is looking to institute an Ordinance which would require groups of 7 or more people to obtain a permit for use of the Township fields. The Recreation Director explained often when a scheduled group goes to use a particular field when the arrival at the field another group who is unscheduled is on the field. This often results in the unscheduled team not wanting to get off the field. The Recreation Director said with an Ordinance the Recreation Department would be able to control this type of situations more effectively.
Larson suggested a Master Schedule of the Fields be placed on the Township’s web site. The Recreation Director said she would be able to put a sport is on the field but not a particular team.
Kidd suggested an Ordinance be drafted that groups with prior permission from the Recreation Department have priority over groups that just show up at the fields.
Hermansen suggested organizations of any organized or permitted events come first to use the field and all others thereafter.
Hermansen also pointed out that each season a field is taken off line and this also creates a scheduling problem.
The Township Attorney shall meet with the Recreation Director to discuss the Ordinance further and shall bring back an Ordinance for Council’s discussion.
3b. Expansion of Recreation Committee; Discussion
The Recreation Committee Chair Harry Williams said presently the Recreation Committee is operating with 6 members. He further said the Committee is looking to get more people involved.
Ordinance shall be introduced in the Public Meeting.
ADMINISTRATION
4a. Certificate of Determination and Award; Bond Anticipation Notes Issued for Various Capital Improvements
Combined Work Session and Public Meeting Minutes
August 21, 2008
4b. Authorization to Award Bids
1. MTB-08-04: 2006 Water and Sewer Capital
Alderisio questioned if the Nilsen Avenue Booster Station is included in this Bid. The Business Administrator answered no.
Kidd questioned Montana’s bid being much higher than the other two bids. The Business Administrator answered Montana’s bid was not competitive.
Resolution shall be voted on in the Public Meeting.
2. MTB-08-19: Street Sweeper Removed
3. MTB-08-22: Turn-Out Gear
Item carried.
4. MTB-08-23: Janitorial Supplies
Item carried.
4c. Amendment to 2008 Salary Ordinance
Ordinance shall be introduced in the Public Meeting.
4d. 2006 Bergen County Historic Preservation Grant
DaPuzzo asked for confirmation that no funds will be expended by the Township. The Business Administrator stated that is correct.
Resolution shall be voted on in the Public Meeting.
4e. Designation of Check Signator; Community Donation – Petty Cash Account
Resolution shall be voted on in the Public Meeting.
4f. Designation of Check Signator; Municipal Court – Cash Book Account and Bail Account
Resolution shall be voted on in the Public Meeting.
4g. Authorization to Reject Bid #MTB-08-19: Street Sweeper and Rebid
Resolution shall be voted on in the Public Meeting.
TOWNSHIP COUNCIL AND MUNICIPAL CLERK
5a. Request for Waiver of Right-of-Way Infringement; 6 Cobbler Lane
At the request of the Homeowner, this item shall be carried for two weeks.
Combined Work Session and Public Meeting Minutes
August 21, 2008
PUBLIC MEETING
APPROVAL OF BILLS AND CLAIMS
On a motion by Roth, seconded by Hermansen, the Bills and Claims, previously signed, totaling $451,440.76, were approved. Roll call vote: Alderisio, yes; DiGiulio, absent; Hermansen, yes; Kidd, no; Larson, yes; Roth, yes; DaPuzzo, yes. A List of Bills and Claims is on file in the Municipal Clerk’s Office.
REPORTS OF TOWNSHIP COUNCIL and MUNICIPAL CLERK
TOWNSHIP COUNCIL; COMMENTS, COMMUNICATIONS AND REPORTS OF SUBCOMMITTEES
Alderisio attended the Senior Picnic today. He said a good time was had by all.
Kidd said recently a resident expressed to him that she was concerned as she received her tax bill and each year the cost increases. She is uncertain how long she can afford to live in the Township as she is on a fixed income.
Kidd said he receive the memorandum from the Police Chief on the Jr. Police Academy. He asked Administration to provide information within the next two weeks on how much did the Academy cost, how much revenue was generated and how many individuals participated.
Roth referred to notification received from Cablevision that they are planning to move their Mahwah office to Oakland. He further said the Township Attorney has filed an objection with the BPU regarding the move of the office. He said he has also written a letter to the BPU objecting to the moving of the office. Presently, Cablevision has requested a meeting with the Cable Franchise Committee of the Township. The date of the meeting has not yet been reached.
DaPuzzo said the BPU would look favorable at residents writing letters to the Cable Committee asking that the office not be moved.
DaPuzzo suggested an outline of a letter be posted on the web site and on the cable channel. Roth said at the last meeting of the Cable Television Committee this was discussed and several members felt this was not in the scope of the functions of the committee.
Alderisio suggested the Council place a notice on the Cable Channel.
Alderisio made a motion, seconded by Hermansen, that a Notice be prepared and place on the Cable Television Channel informing residents that the office is moving a where they can write to voice their objections. Council concurred.
Combined Work Session and Public Meeting Minutes
August 21, 2008
REPORTS OF MAYOR AND BUSINESS ADMINISTRATOR
Mayor Martel said about two weeks ago one of the newspapers reported on the Township’s water situation. The Mayor felt the article was misleading and asked the reporter to print a clarification. The Mayor thanked the Reporter for printing the clarification.
The Business Administrator said the 2008 Road Paving Program has begun throughout the Township. All roads in the program should be paved by Labor Day.
PUBLIC PORTION
On a motion by Hermansen, seconded by Roth, the meeting was opened to the public at 9:13PM. All in favor. Motion carried.
Mrs. Valerie Haertel-Van Decker of 7 Parsloe Court said she and her husband moved to the Township about one year ago. She said they are disappointed because they thought they were moving to a quiet street and now there is nothing but people speeding up and down her street. DaPauzzo said a letter is being sent to the Young World Day School asking them to refrain from directing parents to using the streets off of Wyckoff Avenue to gain access to their school until the Township looks into an alternate traffic solution.
Mr. Warren Roark of Wyckoff Avenue complained that it appears no one is holding Young World Day School accountable. The Mayor interjected that there is a lack of cooperation from Young World Day School.
Hermansen said the Township tried to limit the parking on Birch Road and a resident spoke earlier and asked the Township not to do it.
DaPuzzo asked for the Municipal Clerk to obtain all of the Building Permits which were issued to Young World Day School.
On a motion by Roth, seconded by Larson, the meeting was closed to the public at 9:37PM. All in favor. Motion carried.
ORDINANCES – INTRODUCTIONS
#1624 Amendment to Township Code – Recreation Section 9-1.3
Ordinance as not introduced.
* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 1616 – 2008 SALARY
ORDINANCE
RESOLUTION – ORDINANCE NO. 1625
Combined Work Session and Public Meeting Minutes
August 21, 2008
Introduced by Roth, seconded by Hermansen.
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 September 4, 2008 at the Municipal Offices, 475 Corporate Drive,
Mahwah, New Jersey at 8:00PM.
FURTHER RESOLVED that the Municipal 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, absent; DiGiulio, absent; Hermansen, yes; Kidd, yes; Larson,
yes; Roth, yes; DaPuzzo, yes.
* * *
The title of an Ordinance was read as follows:
AN ORDINANCE AMENDING CHAPTER 2-13.6 OF THE MUNICIPAL CODE OF THE TOWNSHIP OF MAHWAH ENTITLED “RECREATION COMMITTEE” TO PROVIDE FOR AN INCREASE IN THE NUMBER OF MEMBERS ON THE COMMITTEE
RESOLUTION – ORDINANCE NO. 1626
Introduced by Hermansen, 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 top be held on September 4, 2008 at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey at 8:00PM.
FURTHER RESOLVED that the Municipal 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; DiGiulio, absent; Hermansen, yes; Kidd, yes; Larson, yes; Roth, yes; DaPuzzo, yes.
ORDINANCE – PUBLIC HEARING
The title of an Ordinance was read as follows: