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Group Circulates Petition To Get Referendum Added To November Ballot

Lawyer says about 1,600 registered Mahwah voters must sign to make it valid

 

The Committee to Stop Mahwah Mall, a resident group suing the township in an effort to invalidate ordinance changes that would allow for a shopping center to be built on Route 17 in Mahwah, took their cause one step further this week, with the circulation of a petition for a non-binding ordinance referendum.

“All we really want is for the peoples’ opinions on this project to be heard through a non-binding referendum,” said Michael Richards, one of the group’s organizers.

“Since the town council refused our requests for that, we are now trying to get it on the November ballot ourselves.”

The petition, according to Hackensack lawyer Michael Kates, the lawyer handling the suit, will achieve that goal if the group can get 10 percent of the registered voters in the township, or just under 1600 people, to sign the petition.

“The last petition we submitted was deemed invalid by the town clerk,” Richards said.

“Although we are contesting that decision in our lawsuit, we want to make sure this one is done right. We are having notaries verify the signatures, and we have basically the rest of the summer to go door to door to gather signatures.”

According to Kates, so long as all legally-outlined procedures are followed by the CSMM, the referendum will appear on the ballot this November.

“The Council would have no option, it is mandated by law to pass the resolution on to the county clerk after it is submitted and the signatures are verified,” he said.

Even if the referendum does appear on the ballot, the results of the vote wouls have no impact on the ordinances in question, which would allow for the building of the Crossroads Town Center, and were approved by the town council March 31.

“It does not nullify the ordinances. It just surveys the community,” Kates, who drafted the petition, said.

Related Topics: Committee To Stop Mahwah Mall, Crossroads Town Center, and Stop Mahwah Mall Group

JoeRobertson

3:04 pm on Sunday, July 3, 2011

I'm against the mall, but I don't get it. What's the point of this petition? We already know from the council meeting that the people of Mahwah don't want this monstrosity.

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Andy Schmidt

9:05 am on Tuesday, July 5, 2011

A few hundred people don't make a majority, if there are 16,000 registered voters in Mahwah. A referendum could give everyone the opportunity to weigh in on what "Mahwah" wants. (In the last month or two I've run into folks from both sides of the fence - so I'm not sure what the silent majority thinks.)

Even if the referendum cannot undo what's done - it might guide the new council on whether to defend against the lawsuits or whether to allow the ordinance be declared invalid. (Not sure if that's truly a legal option - just thinking out loud).

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Steven Sbarra

11:41 am on Tuesday, July 5, 2011

Andy,

What NEW COUNCIL are you talking about?

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Andy Schmidt

12:55 am on Wednesday, July 6, 2011

Steven, we have one council member who was appointed when the current mayor took office, and now we have another council member running for mayor. So - depending on the election outcome we could be looking at a "new" council with new faces.
With 3 mayoral candidates there is a 2/3rd chance that there could be a different major as well.

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Steven Sbarra

10:31 am on Wednesday, July 6, 2011

Andy,
The open council seat in this year's election is the one which was appointed and will be filled from a number of candidates who will be running including the one who was appointed. Should he win, there will be the same old council. As far as the councilwomen who will be running for Mayor, if she wins, the present council will then choose her replacement. That seat would not be subject to election until next year. If she loses she retains her council seat, thus the same old council! It is next year where numerous seats would be up for election and at that time based on votes we MAY have a new council. If voters are smart they will start the change this year but the effective change would not come until next year. Remember it only takes 4 votes to make the big decisions in this town.

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Andy Schmidt

10:46 am on Wednesday, July 6, 2011

Steven, right - there are various possibly scenarios - from one possibility of having no changes to mayor and council, if both temporary office holders win their respective elections - to the possiblity of Lisa becoming mayor and thus having a different mayor and two different council members, if the two office holders are replaced by voters and Lisa's council seat filled by an appointee.
Since it the future make-up of the town's leadership is unclear and could include different people, I simply referred to the "new" council.

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