Pleading Wizard

Pledge of Allegiance:

MR. CHAIRMAN: This is a reorganization and regular meeting of the Wanaque Board of Adjustment. Adequate notice has been duly advertised by the mailing of a notice to the Suburban Trends and Herald News on the 13th day of December 2005. A notice thereof has been posted on the bulletin board in the municipal building and a copy thereof is on file with the Borough Clerk. Before the meeting, we sworn in four new members, Mr. Eric Willse and Peter Hoffman was reappointed to four year terms and Mr. Art Koning and Mr. Ed Leonard were appointed as two year alternates. Roll call?

ROLL CALL: Chairman Jack Dunning, Frank Covelli, Peter Hoffman, Don Ludwig, Ed Leonard, Art Koning, Eric Willse, Attorney Ralph Faasse, Engineer William Gregor.

MEMBERS ABSENT: Members Bruce Grygus, Ted Roberto

MR. CHAIRMAN: Okay, the next order of business is to nominate a Chairman for the Board for 2006.

MR. COVELLI: I would like to nominate Jack Dunning.

MR. LUDWIG: I'll second that.

MR. CHAIRMAN: Any other nominations? Roll Call.

NOMINATION OF JACK DUNNING FOR CHAIRMAN OF THE BOARD IN 2006.

Made by Member Covelli, Seconded by Member Ludwig. Voting yes were Members Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. CHAIRMAN: Okay, thank you Mayor.

MAYOR BALUNIS: Mr. Chairman.

MR. FAASSE: How many years is this now?

MR. CHAIRMAN: That I've been on the Board?

MR. FAASSE: No, that you've been Chairman.

MR. CHAIRMAN: I don't know.

MR. FAASSE: Are you staying Mr. Mayor?

MAYOR BALUNIS: No, I have some other things to --

MR. FAASSE: Thank you very much for coming.

MR. CHAIRMAN: Thank you. All right. Let's move along here. The next item is the nomination for Vice Chairman.

MR. COVELLI: I would like to nomination Bruce Grygus.

MR. LUDWIG: I'll second that.

MR. CHAIRMAN: Okay. Do we have any other nominations? Okay. Roll call on that Gerri?

NOMINATION OF BRUCE GRYGUS FOR VICE CHAIRMAN

Made by Member Covelli, Seconded by Member Ludwig. Voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. FAASSE: That will teach him to take a month off.

MR. CHAIRMAN: He goes to Florida, he's punished.

MR. FAASSE: That's it. That will teach you guys.

MR. COVELLI: See what happens when you are not here Ralph.

MR. FAASSE: I know.

MR. CHAIRMAN: We know how to treat the members.

MR. HOFFMAN: Don't ever take a day off.

MR. COVELLI: That will teach him.

MR. CHAIRMAN: Next item is the nomination of the Board Engineer. Before we go to that we need to discuss the new legislation on the bidding or alternate process, right?

MR. FAASSE: Yeah.

MR. CHAIRMAN: Now, since you are our legal advice, would you like to slightly explain this because nobody seems to understand it.

MR. FAASSE: I know nothing. I really haven't come up to speed with that I didn't know the question was coming up. There is a provision to keep persons who do business with towns from donating to public officials and political parties but there also is a side to it that certain positions, certain jobs, you do have to open it up for bids. My understanding was, up until tonight, was that the threshold for the bidding process was possible income to salary totaling in excess of $17,500 but I am not 100 percent sure of this. Certainly, I could research it to be able to advise you further. I mean we should be taking instructions from the Borough Attorney as well on this because it should be uniform throughout the Borough and not just something that this Board implements versus the Council and Planning Board. But that is about all I could tell you.

MR. COVELLI: Would you like Associate Council to add?

MR. CHAIRMAN: Yes.

MR. FAASSE: I mean, I have Mr. Gregor here available.

MR. COVELLI: Well I am a graduate of the Princeton Laws of School. I don't know about him.

MR. FAASSE: You got to tell the new guys the jokes.

MR. CHAIRMAN: Member Covelli is going to update a little bit. He is not --

MR. FAASSE: You got to tell them the joke, Princeton doesn't have a law school. Whenever they want to supercede the attorney, that is what they say, I got my degree from Princeton Law.

MR. COVELLI: As I understand it, Mr. Chairman, and not being legal counsel and putting those qualifiers into my following statements. The law affects the award of professional services contracts for professionals that were previously exempt of the Public Contracts Law, which used to be described as extraordinary and unspecifiable. Services of attorney, engineer, risk management, auditor, all fall underneath those distinctions.

MR. CHAIRMAN: Right, planners.

MR. COVELLI: I concur with Mr. Faasse that the law states that unlike the Public Contracts Law the threshold is $17,500. It is my understanding it includes monies that are paid through escrow.

MR. FAASSE: Yeah, whatever fees -- in other words that you would generate from the town.

MR. COVELLI: There are two processes, as I understand it. One process is called Fair and Open, whereby the Board -- by the way, the Board is responsible for its own appointments, independent of the Borough. Therefore, we have to make a decision on whether we are going Fair and Open, which is process that requires us to issue requests for qualification. Put out a set of specifications or qualifications. We have to -- we could either advertise it on a website or in a newspaper. Give folks time to respond and then award, not necessarily based on price considerations. On expertise, institutional knowledge, etcetera, etcetera. Or we can go other then Fair and Open, which means that a Certification which Gerri, as our Board Secretary, would obtain from the Borough Clerk, indicates all of the political campaigns of each of the governing body members and the parties within the town and the Board Professionals would sign a Certification that they have not exceeded reportable contributions for the previous 12 months. It would be my suggestion that the Board go with that process. The Borough is going under that process. The law just became known about at the end of November. There has been a lot of discussion back and forth. A lot of towns have not been able to get fully up to speed. In fact, the Department of Community Affairs, I went to a seminar a week and a half ago, the Department of Community Affairs wasn't even completely clear on how this law is going to fully shake out. So, basically, the other then Fair and Open process, actually, does limit the contributions and I think it is actually in the spirit or the intention of the law. And, in fact, I don't believe any of our professionals would have a problem with that Certification. And, at that point, we can under tonight's rules reorganize, appoint our professionals and move forward pending their submission of the Certification to finalize their contracts.

MR. FAASSE: But the way I understand it though, you could still certify that you contributed in excess of the $300 --

MR. COVELLI: You are exempt in 2005.

MR. FAASSE: Pardon?

MR. COVELLI: Contributions in excess of the $300 are exempt for 2005.

MR. FAASSE: Right.

MR. COVELLI: Going forward the 300 rule applied.

MR. FAASSE: Right.

MR. COVELLI: Over 300 applies.

MR. FAASSE: Right. But that doesn't preclude you from adding a position; it is just that you have to disclose it. Right?

MR. COVELLI: No. You will be signing a Certification --

MR. FAASSE: That you will not.

MR. COVELLI: -- for 2005, for the previous 12 months.

MR. FAASSE: For 2006.

MR. COVELLI: That you have not made reportable contributions.

MR. FAASSE: Right.

MR. COVELLI: Because it is the first year, all contributions in 2005 are non-reportable. Going forward now in 2006, you can make up to $300 per elected official and a party organization.

MR. FAASSE: Can't go to the dinner anymore.

MR. COVELLI: Not that I really know an awful lot about this law, it is just what I picked up.

MS. MAROTTA: You picked up a lot.

MR. FAASSE: That is very interesting because I did go to reorganization meetings both yours and in North Haledon.

MR. COVELLI: I am teasing, Gerri, the law is applicable.

MR. FAASSE: That is why he is coming up to speed on it.

MR. COVELLI: I had to.

MR. FAASSE: Yeah, quick.

MR. LUDWIG: That Princeton Law School is pretty good.

MR. COVELLI: They don't advertise. So with that said, Mr. Chairman, I would make a motion to appoint -- can we do it combined or do you want it separate?

MR. FAASSE: Well the procedure you can do. You can make a motion for the procedure, which one you want to follow.

MR. CHAIRMAN: The procedure, then we appoint each one separately.

MR. COVELLI: I would make a motion that the Wanaque Board of Adjustment for the 2006 year appoint our professionals under the Certification process whereby they will certify to the Board and ultimately to the Borough that they have not made any reportable contributions in the previous 12 month period.

MR. CHAIRMAN: Okay.

MR. LUDWIG: I'll second it.

MR. FAASSE: There you go.

MR. CHAIRMAN: Okay. When Gerri goes to do the minutes, you will fill her in with what you just said.

MR. COVELLI: Well so far she is running the tape so it is probably on there.

MR. CHAIRMAN: It is going to be tough.

MR. COVELLI: When we take over, no one knows what is going to be on that CD.

MR. FAASSE: Listen, we can't wait until Gerri starts doing the minutes.

MS. MAROTTA: Do you want me to do a roll call on this?

MR. CHAIRMAN: Yeah, we have to do a roll call on this.

MOTION TO APPOINT BOARD PROFESSIONALS UNDER THE CERTIFICATION PROCESS

Made by Member Covelli, second by Member Ludwig. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MS. MAROTTA: So this for the Certification of the Process.

UNIDENTIFIED MEMBER: So gentlemen, do you always take advice from a non-attorney and then vote? I am just kidding.

MR. LUDWIG: It is the Princeton Law School, very impressive.

MR. FAASSE: Listen, he is going to summarize this and give us all a memo.

UNIDENTIFIED MEMBER: Oh, okay.

MR. FAASSE: As to what he said so we will all understand.

MR. COVELLI: Please no more members, I have written enough about this.

MR. LUDWIG: In light of that, we were on for the --

MR. CHAIRMAN: Nomination of the Board Engineer.

MS. MAROTTA: Now we can do the engineer.

MR. LUDWIG: I would like to nominate Bill Gregor.

MR. COVELLI: I would like to second that.

MR. CHAIRMAN: Okay, do we have any other nominations for the position of Board Engineer? Okay, let's close that. Let's go with a roll call on that, Gerri.

NOMINATION OF WILLIAM GREGOR FOR BOARD ENGINEER:

Made by Member Ludwig and Second by Member Covelli. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. FAASSE: Congratulations, how many years is that for you?

MR. GREGOR: Thank you.

MR. CHAIRMAN: Now, nomination of the Board Attorney.

MR. FAASSE: Did we ever check his license though? We should check it.

MR. CHAIRMAN: That is true.

MR. GREGOR: It is valid.

MR. LUDWIG: You sure it is in full effect.

MR. CHAIRMAN: It is long licensed?

MR. FAASSE: One that shows up on a website.

MR. CHAIRMAN: Oh, an engineering degree.

MR. LUDWIG: In light of that I would like to nominate Ralph Faasse, as long as he is a member of the Bar and in good standing.

MR. FAASSE: As far as I know, I am.

MR. LUDWIG: Okay.

MR. COVELLI: I would like to second that.

MR. CHAIRMAN: A second on that, okay. Is there any other nominations for the position of Board Attorney? Okay, we close that. Let's have a roll call on that Gerri.

NOMINATION OF RALPH FAASSE AS BOARD ATTORNEY:

Made by Member Ludwig, second by Member Covelli. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. CHAIRMAN: Congratulations.

MR. FAASSE: Thank you. Like Abraham Lincoln, you see you can fool some of the people some of the time.

MS. MAROTTA: Ralph and Bill you are going to have to send me contracts now.

MR. FAASSE: Contracts now?

MR. CHAIRMAN: Um-hum

MR. FAASSE: No, Certification he said.

MR. CHAIRMAN: Certification.

MR. COVELLI: There has to be contracts, there has to be contracts also.

MR. FAASSE: Really?

MR. CHAIRMAN: Certification is income.

MR. FAASSE: Oh man, I am going to have to do some research on this.

MR. HOFFMAN: Wow, its too late, you already agreed.

MR. COVELLI: The difference is, when I do the research it is free, when you do it is per hour.

MR. FAASSE: I know.

MR. CHAIRMAN: How many years have you been here?

MR. FAASSE: Oh, since 1980.

MR. CHAIRMAN: 1980, that's going on 26 now.

MR. FAASSE: Yeah, you think they ought to give me a plaque.

MR. CHAIRMAN: We should give you a plaque, okay.

MR. FAASSE: Name a building after me.

MR. CHAIRMAN: There you go, the Faasse wing.

MR. FAASSE: The part where the judge is shot. That's all right, we'll get a mirror in the bathroom. We'll call it the Faasse mirror.

MR. CHAIRMAN: Okay, next item is the Procedures and Bi-laws.

MR. FAASSE: They would be the same.

MR. CHAIRMAN: To continue as we have used the ones that have exist in the past that Mr. Faasse is the keeper of.

MR. FAASSE: I don't know, I think it is in the storage closet.

MR. CHAIRMAN: Somewhere. I need a motion on that.

MR. LUDWIG: I'll make a motion.

MR. CHAIRMAN: Okay, a second on that.

MR. HOFFMAN: I'll second it.

MR. CHAIRMAN: Okay. Roll call.

MOTION TO USE THE EXISTING PROCEDURES AND BILAWS:

Made by Member Ludwig, second by Member Hoffman, voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. CHAIRMAN: Okay. Next item is the adoption of the existing meeting dates to continue on the first Wednesday of the month and our site visits are to be conducted on the Saturday proceeding the monthly meeting at 10 a.m. when required.

MR. LUDWIG: I make a motion to maintain the existing dates.

MR. CHAIRMAN: We got to check the calendar first.

MR. FAASSE: No, the only question I would have, we always had the 7:30 work session, 8 o'clock start a meeting.

MR. CHAIRMAN: Um-hum.

MR. FAASSE: Would the Board want to consider just -- you know -- I mean the work sessions have been relatively meaningless.

MR. CHAIRMAN: Right, but you know what it does? It gets everybody here so we can start at 8 o'clock.

MR. FAASSE: Well I just wondering if you want to 7:30, to see if you want to start at 7:30.

MR. CHAIRMAN: But then you would want to get here earlier.

MR. FAASSE: All right, no, I just --

MR. CHAIRMAN: Well it is up to you.

MR. FAASSE: I'll tell you one thing we can't ever --

MR. CHAIRMAN: Catch up or whatever.

MR. FAASSE: -- take a vacation in August.

MR. CHAIRMAN: Right.

MR. FAASSE: We got killed this year with that.

MR. CHAIRMAN: Yeah. Well that is a thought. That is the next item after the meeting date. Let's do the meeting date first, then we will go to the time, that is the next item.

MR. FAASSE: Okay, I'm sorry.

MR. CHAIRMAN: Okay. All right, so to stay with our meeting schedule which is the first Wednesday of every month and our, when required, Saturday site visits at 10 a.m. proceeding the meetings.

MR. COVELLI: Motion.

MS. MAROTTA: Well, Don made it.

MR. COVELLI: Second.

MR. CHAIRMAN: You are the second. Roll Call.

MOTION TO STAY WITH THE FIRST WEDNESDAY OF THE MONTH MEETING SCHEDULE:

Made by Member Ludwig, Second by Member Covelli. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. CHAIRMAN: Okay, next item is the time. In the past, as counsel was just speaking about, we have 7:30 workshop and an 8 o'clock meeting. Anyone have any thoughts on that?

MR. COVELLI: I'm late at 8 o'clock sometimes.

MR. CHAIRMAN: I know, sometimes it hard getting here.

MR. HOFFMAN: Do we advertise the 7:30 that immediately preceding we can begin business?

MR. FAASSE: No, we -- work session 7:30, regular meeting 8.

MR. CHAIRMAN: Right.

MR. HOFFMAN: Wouldn't it be wise for us to do that so if we wanted to start early.

MR. FAASSE: We would have a problem then for the notice for the public hearing.

MR. CHAIRMAN: We would have to give special notice.

MR. HOFFMAN: No, if you advertised the work session at 7:30 --

MR. CHAIRMAN: Right.

MR. HOFFMAN: -- with the regular meeting immediately following it can be anywhere after 7:30.

MR. FAASSE: That's true.

MR. CHAIRMAN: Okay.

MR. HOFFMAN: Which means that if we had a very heavy agenda, we had a full Board we would actually start at 7:45 for example.

MR. CHAIRMAN: We could start at 7:30.

MR. FAASSE: Yeah, but the only problem we have then is that we have to tell the applicants to notify at a specific time. So what do we tell them, 7:30, quarter to 8, 8 o'clock.

MR. HOFFMAN: 7:30 is the work session with the regular meeting immediately proceeding.

MR. FAASSE: Whatever your pleasure.

MR. CHAIRMAN: Whatever your pleasure is gentlemen.

MR. HOFFMAN: And then you have a window to speed up or slow down the process accordingly.

MR. FAASSE: The only trouble you have with that when you say that the work session --

MR. CHAIRMAN: Is the notice, right?

MR. FAASSE: Well the notice but then you also get the public asking, why aren't you starting on time.

MR. HOFFMAN: We are starting at 7:30. We have a work session.

MR. FAASSE: I know, I am just saying.

MR. HOFFMAN: And then he can take a recess to 8 o'clock if he wants. Depending on the number of Board Members.

MR. FAASSE: You might have just a problem with the public that way.

MR. HOFFMAN: Hum?

MR. FAASSE: You might have problems with the public when people come out at 7:30.

MR. LUDWIG: It just seems to me that 8 o'clock is rough.

MR. FAASSE: For some.

MR. LUDWIG: Frank has had a couple of times when he has been struggling to get here.

MR. CHAIRMAN: Oh yeah. When you look at -- you run into things with your job. Ted, when he does make it, usually just makes it by 8 o'clock. It can be tough.

MR. COVELLI: You want to leave it the way it is.

MR. CHAIRMAN: Let's leave it along for now.

MR. FAASSE: All right.

MR. COVELLI: Motion.

MS. MAROTTA: Frank are you making the motion?

MR. COVELLI: 7:30, 8 o'clock.

MR. LUDWIG: I'll second that.

MS. MAROTTA: Second it, Don.

MR. CHAIRMAN: All right, the other thing is --

MR. HOFFMAN: Do we have write in our ending?

MR. CHAIRMAN: That is the other point.

MR. HOFFMAN: With no more testimony after 10 or 10:30.

MR. CHAIRMAN: 11 o'clock curfew we should put in there.

MR. FAASSE: That was always a rule that we followed.

MR. HOFFMAN: Okay. Does that have to be in the reorganization?

MR. CHAIRMAN: Well we made that up a long time ago, we never put into the actual reorganization of our times.

MR. FAASSE: No, but -- you know -- you can say that we are going to have a curfew at 11.

MR. CHAIRMAN: Yeah.

MS. MAROTTA: You mean you are going to cut the applications at 11?

MR. HOFFMAN: No more testimony after 10:30.

MR. FAASSE: A curfew, a curfew at 11. So an application --

MS. MAROTTA: Because then after applications you still have --

MR. CHAIRMAN: No, no, I can cut them off a 20 to and say we got 20 minutes of Board business to finish out so we are out of here by 11 o'clock.

MS. MAROTTA: Oh.

MR. FAASSE: So everyone knows that and can their wives.

MS. MAROTTA: I don't have to advertise that though.

MR. CHAIRMAN: We don't want to tell these new gentlemen how late we stay here sometimes. So let's not go there.

MS. MAROTTA: You also don't want to them about 1 o'clock meetings.

MR. FAASSE: There are some rules that are honored and they are a violation, this is one of them.

MS. MAROTTA: Okay, the time of the meeting is going to remain the same so we really don't have to take a vote.

MR. FAASSE: Yeah 7:30 work session, 8 o'clock regular.

MR. CHAIRMAN: Right, the same thing.

MS. MAROTTA: Okay.

MOTION FOR THE TIME OF MEETINGS TO REMAIN AT 7:30 WORK SESSION, 8 O'CLOCK REGULAR MEETING:

Made by Member Covelli, Second by Member Ludwig. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. CHAIRMAN: Okay, next item is the official newspapers of notice. In the past we have used the Suburban Trends and the Herald News, which I believe the Borough is still using and we followed that standard for many years. We need a motion on that.

MR. LUDWIG: I'll make a motion to stay with existing.

MR. LEONARD: Second.

MS. MAROTTA: All right, who made it.

MR. LUDWIG: Ludwig.

MS. MAROTTA: And Ed?

MR. FAASSE: Yeah, you are supposed to try and do that -- you know -- make it easy, you guys are right here.

MOTION FOR THE OFFICIAL NEWSPAPERS OF NOTICE TO REMAIN THE SUBURBAN TRENDS AND HERALD NEWS

Made by Member Ludwig, Second by Member Leonard. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. CHAIRMAN: Okay, the next item is a motion to direct the Board Secretary to advertise in accordance with the Open Public Meetings Acts to give notice of the meetings dates for the year 2006.

MR. FAASSE: It would be to advertise and give further notice in accordance with.

MR. CHAIRMAN: Um-hum.

MR. FAASSE: Because the Mayor and Council gives -- you know -- the Borough Clerk gives hers.

MR. CHAIRMAN: Um-hum.

MR. LUDWIG: I'll make that motion, Member Ludwig.

MR. CHAIRMAN: Got a second?

MR. KONING: Second, Art Koning.

MR. CHAIRMAN: Okay, roll call.

MOTION TO DIRECT BOARD SECRETARY TO ADVERTISE IN ACCORDANCE WITH THE OPEN PUBLIC MEETINGS ACT:

Made by Member Ludwig, Second by Member Koning. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

MR. CHAIRMAN: Okay, thank you. Gerri this is yours.

MS. MAROTTA: Okay.

MR. CHAIRMAN: All right, now we are going to take a five-minute break and then we are going to start our regular meeting. Now, where is the agenda?

MR. FAASSE: Right, here. You only got two.

MR. CHAIRMAN: I know. We got to get the new members.

MR. FAASSE: Okay, and I got to have --

MR. CHAIRMAN: That folder.

MR. FAASSE: Okay, the only two matters -- just for the audience, the only two matters that we do have that hasn't been adjourned is Theodore Did Laura. Is there someone on the application here? Theodore Di Laura?

MS. MAROTTA: I don't see him.

MR. FAASSE: 10 Whistler Place. Then we have the Abma Application. Everybody is here on the Abma Application at 38 Furnace? The applicant is here, their attorney is here, everybody else is here on that one? Is anybody here on anything else?

MR. CHAIRMAN: Okay, the other applicants. Donus is being carried, Santoro is being carried, Biggio is being carried and Fennelly is being carried.

MR. FAASSE: Yeah, that is Donus is 1019 Ringwood Avenue, Santoro is 1185 Ringwood Avenue, Biggio is 835 Ringwood Avenue and Fennelly is 6 Oak Street.

Unidentified Female: Yes, that is what I am here for.

MR. FAASSE: You are here on that one?

Unidentified Female: Yes. I am.

MR. CHAIRMAN: Oak Street is being carried.

MR. FAASSE: All right. Fennelly is -- we had a letter from an attorney on that one, didn't we.

MR. CHAIRMAN: Right, somewhere.

MR. FAASSE: Is that Mr. Becker too?

MR. CHAIRMAN: No.

MR. LUDWIG: Di Laura and Abma.

MS. MAROTTA: Here is the letter on Santoro, here is a letter on --

MR. CHAIRMAN: Here is Santoro's letter.

MS. MAROTTA: Here is Donus' letter.

MR. CHAIRMAN: You can put these away.

MS. MAROTTA: Donus' letter.

MR. CHAIRMAN: Okay, that is Donus.

MS. MAROTTA: Here, this is Fennelly.

MR. CHAIRMAN: All right, that is Fennelly.

MS. MAROTTA: How many do you got there? You got the four now?

MR. CHAIRMAN: Three.

MR. FAASSE: No, I got three.

MR. CHAIRMAN: Three.

MS. MAROTTA: Oh. There is the fourth one there. Di Laura.

MR. CHAIRMAN: Di Laura.

MS. MAROTTA: Di Laura, I didn't get a letter.

MR. FAASSE: Di Laura, nobody is here yet.

MR. CHAIRMAN: All right, leave that here.

Application #10-05, David Donus, 1019 Ringwood Avenue

MR. FAASSE: All right. Okay, so why don't we just take this. David Donus Application, we have a letter here from the attorney. Unfortunately, Mr. Barbarula is under the weather. He has a very bad cold, laryngitis, cannot speak. Wow, what good is an attorney. Sometimes the attorneys that speak are no good but -- you know. Now you got one that can't speak. So he has asked to be carried to the February -- what is that date? Where is your official calendar Mr. Gregor?

MR. GREGOR: 2/1

MR. FAASSE: The first.

MR. GREGOR: The first.

MR. FAASSE: So the motion would be to carry the Donus Application to February 1.

MR. LUDWIG: I make a motion -- Member Ludwig makes the motion to carry to February 1st.

MR. FAASSE: Okay, who second it?

MR. HOFFMAN: I'll second. Do we have time on that? Is there enough time?

MR. CHAIRMAN: What about the clock on that?

MS. MAROTTA: Wait a minute, I'm not -- wait, hold on. I'm not on this here. What did you just do?

MR. CHAIRMAN: We are talking about Donus carrying it to the next meeting. Didn't we have him give us an extension?

MR. FAASSE: Yeah, we are good here until June 5th.

MR. CHAIRMAN: Okay, he signed an extension at the last meeting.

MS. MAROTTA: What is Donus' Application number?

MR. FAASSE: It is 10-05.

MS. MAROTTA: Okay, and we are carrying it?

MR. FAASSE: Ludwig made a motion, seconded by Member Hoffman to carry this to the February 1st meeting as the attorney is under the weather.

MOTION TO CARRY THE DONUS' APPLICATION TO THE FEBRUARY 1ST MEETING.

Made by Member Ludwig, Second by Member Hoffman. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

Application #11-05, Santoro, 1185 Ringwood Avenue.

MR. FAASSE: All right the next one is Santoro, this is application 11-05. Again we got a letter from Mr. Carlo Coppa asking to me carried to the February meeting. We have an extension of time here, based upon this adjournment request the applicant hereby waives any and all time requirements.

MR. CHAIRMAN: Oh.

MR. FAASSE: That is a fact.

MR. LUDWIG: A motion to carry it to 2/1/06. Member Ludwig.

MR. CHAIRMAN: Okay.

MR. FAASSE: And who second it?

MR. HOFFMAN: I'll second it.

MR. CHAIRMAN: Okay.

MR. FAASSE: Hoffman seconds it. This was a situation where we needed revised plans. I think we had them in the packet last month, revised plans on that. But there was a notice requirement as well. He had to renotice.

MR. CHAIRMAN: Right.

MR. FAASSE: And I again explained that to Mr. Coppa again, today, in a telephone conversation. Gerri would you take the roll please?

MS. MAROTTA: Sure.

MOTION TO CARRY SANTORO APPLICATION TO FEBRUARY 1ST MEETING.

Made by Member Ludwig, seconded by Member Hoffman. Voting yes were Chairman Dunning, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse.

Application #15-05, Di Laura, 10 Whistler Place

MR. FAASSE: Anyone here on the Theodore Di Laura? This one we got a problem on. Did we get an extension on that?