MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

 

MINUTES

 

Regular Meeting

October 6, 2008

 

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, October 6, 2008, at 9:15 P.M. in the Wanaque Municipal Building.

 

The Mayor called the meeting to order.

 

            On roll call, the following Council Members responded: Balunis, Cisco, O’Connell, Pasquariello, Pettet and Theoharous.  The Mayor declared a quorum.  The Borough Engineer was present.  The Borough Administrator was absent. 

 

The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 2, 2008, and a notice thereof has been posted on January 2, 2008 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.

 

MINUTES:

 

Regular Meeting of September 8, 2008  -  Held.

 

Special Meeting of September 29, 2008.

 

On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved a motion to approve the aforementioned minutes.

On roll call, all voted yes, except Councilmen O’Connell and Pasquariello who abstained and the Mayor declared the motion carried.

 

            On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to table Ordinances #2-0-08 and #8-0-08 to the November 10, 2008 meeting.

 On roll call, all voted yes, and the Mayor declared the motion carried.

 

ORDINANCES:

 

   Public Hearing of Ord. #2-0-08:

     Re:  Dissolution of Wanaque Valley Regional Sewerage Authority

 

            Held.   

 

   Public Hearing of Ord. #8-0-08:

     Re:  Bond Ordinance – Purchase of US Aluminum Property

 

            Held.

 

 

 

   Introduction of Ord. #21-0-08:

     Re:  Amend Chapter 108, Vehicles and Traffic Section 108-6.2 Municipal

             Parking Lot Municipal Parking Area

 

            On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that Ordinance #21-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, and the Mayor declared the motion carried.

 

The Clerk took from the table and read by title only as follows:  AN 

ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE,

CHAPTER 108, VEHICLES AND TRAFFIC TO AMEND SECTION 108-6.2

MUNICIPAL PARKING LOT MUNICIPAL PARKING AREA.

 

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,

 

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE TO

AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC TO AMEND SECTION 108-6.2 MUNICIPAL PARKING LOT MUNICIPAL PARKING AREA pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 10th day of November 2008, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and

BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

 

            On roll call, all voted yes, and the Mayor declared the motion carried.

 

PUBLIC DISCUSSION:

 

            The Mayor opened the Public Discussion.

 

            Dave DaSilva, 108 Monroe Street, Haskell said on Fourth Avenue right around the area of the US Aluminum site and on Whistler Place about halfway up there are shoes hanging on the power lines and there can be depending upon who you ask some meaning behind what those mean such as gang activity and drug dealers and stuff like that.  I pass it everyday and if somebody could just send a bucket truck out there or something just to get them down I think it would make a lot of people happier.

The Mayor said we’ll contact Jersey Central.

            The Police Chief said we do not believe that it is a message that way.  It has been used in the cities where the sneakers are thrown up over the wires.  The better the sneaker the better the quality of the drugs.  You are correct.  It is a gang sign and it is a drug sign but in this particular case chances are it’s kids on the way home from school flipping another kids sneakers up over the wires because we do watch that very closely.

            The Mayor said we will contact either Jersey Central or Verizon who ever happens to own that particular wire.

            Dave DaSilva said regarding the closed session minutes I’m happy to know that at some point when I get to see the closed session minutes I’ll be able to see that so and so said that there is that kind of detail.  Do we make those available both the work session minutes and the closed session minutes available on the website because I don’t see any.

            The Attorney said there are some things that have come off.  They have to be redacted from other things that were sent to me.  I have to review them and I have to redact those things that are still the subject of negotiation and discussion, the subject of litigation.  Some things have been resolved I’m sure in that period of time that can be released.  

            Dave DaSilva said is Mr. Carroll coming back.

            The Mayor said no he’s not.  He had a family emergency.     

            Dave DaSilva said last month I brought up a few different things that we had said that Mr. Carroll was the right person to answer the questions and maybe someone got an answer within the past month.  I brought up the size of the property that you’re trying to acquire for the new borough hall there were a bunch of properties.  I asked how big the property is.  Do we know the answer to that.

The Mayor said I don’t know the exact acreage.

Dave DaSilva said I’ll wait until next month.

            The Borough Attorney said you don’t have to wait.  You can give him a call.  He’s accessible.  It’s probably better to call him in his office where he has files accessible.  Also the tax maps have the lots and blocks designated on it.

            Dave DaSilva said it puzzles me that we’re looking at a piece of property to put something there and we don’t know how big it is.

            The Mayor said my guess is approximately three acres.

            Dave DaSilva said I’ll agree to disagree because I think that information is important.  The other thing is the two references to acquisition of land in the budget.  One for two million dollars.

            The Mayor said it’s a water main.

Dave DaSilva said that is considered an acquisition of land.

The Mayor said that’s where they put it.

Dave DaSilva said what is the average tax increase for the average assessed home this year.

The Mayor said the increase was approximately three percent.

Dave DaSilva said do you have a dollar amount.

The Mayor said not off the top of my head.

Dave DaSilva said a few months ago you mentioned the possibility of doing a visioning process for your application and report to the office of smart growth how is that affected now by your participation within the Highlands plan.

The Mayor said right now we have the choice with our town center designation to apply either to the office of smart growth or the Highlands Council.  The Highlands Council tells us we’re better off to apply through them because they are the ones going to be regulating it anyway so we’re confidence putting our application before the Highlands Council.

Dave DaSilva said the grant that you are going to approve tonight, are any of those tied to doing it through the Highlands Council.

The Borough Attorney said the fifteen thousand dollars is a grant that enables us to make that application.

Dave DaSilva said it’s not tying us to going that route.

The Borough Attorney said it’s the beginning of a process that may lead to that but it certainly isn’t preordained that we go in that direction.

Dave DaSilva said what was the total cost of the Lake Washington repairs.

The Borough Engineer said eight hundred thirty nine thousand dollars and some change.  The project was bid, it was eight hundred thirty one thousand one hundred fifty dollars and there were some extra items that came up that had to be done when we got out there.  Right in front of the spillway there is a box where you can turn the valve.  That box was no good and had to be replaced and some other little items.  So the total job went up seven thousand dollars from what it was bid.  It was bid at eight hundred thirty one thousand one hundred fifty dollars and the final cost of the project was eight hundred thirty eight thousand five hundred dollars.  So it was about seventy two hundred dollars over.  So that’s less than one percent total change order on the project.  It was a very low bid to start with and when the work was completed there weren’t that many unknown items that came up that really caused too many problems.  The project came in at 1.89 percent of what we thought it would be.

Dave DaSilva said in reference to the redevelopment study that is going to be discussed is it October 16th , the planning board meeting.

The Mayor said yes it’s October 16th at 7:00 P.M.

Dave DaSilva said do you have that report.  Does Tom have the actual report.

The Municipal Clerk said yes.  He has the maps and I believe he will put it together and it should be available tomorrow.

Dave DaSilva said it was published, advertised yesterday in the newspaper but it said the report is dated the sixth.  It just seemed odd that they were publishing something for a report that wasn’t issued until today.

The Mayor said I think they were publishing for the meeting.

The Municipal Clerk said I think he published the notice which said the report will be available today .

Dave DaSilva said it probably had something to do with the ten day thing where the report has to be available for ten days and has to be noticed ten days.  It’s actually nine days officially if it was available today.  The ninth day is next Thursday.  So I was just curious if we actually had that in hand yet if I could come down tomorrow morning and take a look at it.

The Municipal Clerk said yes you can.

Dave DaSilva said okay.  Thank you. 

 

            Grace Maiello, 26 Rhinesmith Avenue, Wanaque said item 9.2 and 9.4 refers to refund of overpayment of taxes.  Do either one of these or both of these have to do with the Reserve.

The Borough Attorney said 9.2 is Wanaque Builders, Stop and Shop which filed an application for three years in the tax court for a tax adjustment.  The other one is various amounts for the County tax board.  Some of those might have been Pulte units.  There was only a few of them.  The County tax board hears a variety of tax appeals and assessments.  One thousand two hundred eleven dollars and fifty cents is the amount of various properties that were the subject of the adjustments.  Most of those are done through arrangement directly with the Tax Assessor where the taxpayer brings the issue to the Tax Assessor and they go before the board and they agree on the amount.

Grace Maiello said okay.  Thank you. 

 

The Mayor closed Public Discussion.

                                                                                            

CONSENT AGENDA:

                           

    Three (3) Applications for Raffles Licenses:

      Re: Ringwood - Wanaque Ice Hockey Association - RA:698, RA:699 and RA:700

 

   Resolution #149-0-08:

     Re:  Refund of overpayment of Taxes for the Years 2006 and 2007 in the amount of

             $43,720.94 from New Jersey State Tax Court decision

 

WHEREAS, the owners of Block 464, Lot 20 appealed the assessment of their parcel to the New Jersey State Tax Court, and

WHEREAS, this appeal resulted in overpayments for the year 2006 in the amount of $9999.26 and 2007 in the amount of $33,721.68, and

WHEREAS, the owner has requested a refund of said overpayments;

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $43,720.94 as per the certification of the Tax Collector.

 

   Resolution #150-0-08:

     Re:  Refund of overpayments on various properties from the Homestead Rebate in

             the amount of $3,793.16

 

WHEREAS, there exists tax overpayments on the properties listed herein for the third quarter of 2008 due to the Homestead Rebate:

 

BLOCK            LOT               AMOUNT

236                  2                      $1151.94

243                  2                        $389.95

403                  37                    $1,249.77

459                  1                      $1,001.50

 

WHEREAS, the owners have requested a refund of said overpayments;

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $3,793.16 as per the certification of the Tax Collector.

 

   Resolution #151-0-08:

     Re:  Refund of overpayments on various properties as a result of County Tax Board

             Judgments in the amount of $1,211.50

 

WHEREAS, there exists tax overpayments on the properties listed herein for the third quarter of 2008 as a result of County Tax Board Judgments:

 

BLOCK            LOT               AMOUNT

240                  35                    $648.79

240                  37                    $562.71

 

WHEREAS, the owner has requested a refund of said overpayment;

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $1,211.50 as per the certification of the Tax Collector.

 

            On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion to approve the aforementioned Consent Agenda.

            On roll call, all voted yes, and the Mayor declared the motion carried.  

           

REGULAR REPORTS - PROFESSIONAL REPORTS:

 

1.   Clerk's Receipts ‑ NONE.

 

2.   Police Department Report  - NONE.

 

3.   Tax Collector's Report for September 2008    NONE.

                                                

4.   Municipal Court Report for September 2008   

                                                                                               

5.   Welfare Report for September 2008  -  NONE.

 

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that reports be received and filed; and that all monies be turned over to the Treasurer.

On roll call, all voted yes, and the Mayor declared the motion carried.

 

 

 

___________________________

                Daniel Mahler

                      Mayor

 

   Engineer:

 

            The Borough Engineer reported on drainage issues.  The stormwater management plan originally was done around the 1980’s.  The basin on Sixth Avenue comes out by Seven Eleven.  Outfalls were constructed and projects were done by the Department of Transportation - goes under four buildings - move drainage along area.  Outfall by candle factory – move water along.  Basins being worked on the Department of Transportation grant money paid for it – streets were done during different projects.

            Councilwoman Cisco said it took seven years to get it done and it did make a difference.

            The Borough Engineer said Carter Road – reduce the drainage to get to Sixth Avenue.

            Councilwoman Cisco said it goes underneath the Arrow building.

            The Borough Engineer said post brook comes from the reservoir to Rainbow Valley Lake.  The FEMA and floodplain map match.  The brook widens and narrows – normal flow is narrow and can get wider.  The State tries to take properties in the flood plain so they don’t flood.  Can dredge the brook but it won’t change the flood lines.  The brook doesn’t have much flow.  

 

   Administrator:

 

            The Borough Administrator apologized for leaving last months meeting.  Reported on bids to add a carrier monopole and the Haskell Tank.  The bids for Verizon and Mobile PCS will be awarded tonight in the amount of $44,000.00.  It’s a big revenue for the budget.  The Holiday Inn is moving along.  The ceiling in the Clerks office collapsed and other offices are being checked.  The roofer was in and there is a leak in the health office and it was patched it and hope it will hold up.

 

   Attorney:

           

            The Borough Attorney reported on the item concerning the open public meetings act.  When we go into executive session that we don’t keep tape recordings of the minutes of the session.  I have occasion to review the minutes that are prepared they are comprehensive minutes they’re not synopsis they are complete of people speaking comments made and discussion.  They’re available when the reason for keeping in closed session no longer exist no longer than thirty days after there is no longer a reason to keep it in closed session.  The answer is you don’t have to tape it and the minutes are comprehensive and disclose everything going on in those closed session.  

 

COMMUNICATIONS:  None.

           

NEW BUSINESS:

 

   Refund to PSE&G for Permit #08-251 in the amount of $155.00 for 477 Ringwood

   Avenue:

 

            On entertainment of the Mayor, Councilmen Theoharous and Pettet moved a motion to approve the aforementioned refund.

            On roll call, all voted yes, and the Mayor declared the motion carried.

 

 

   Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

            None.

 

    Application for Soil Removal Permit – 23 Reservoir Drive, Wanaque:

 

            On entertainment of the Mayor, Councilmen O’Connell and Balunis moved a motion to approve the application subject to review with the Building Inspector and the Engineer’s approval.

            On roll call, all voted yes, and the Mayor declared the motion carried.

 

UNFINISHED BUSINESS:

 

  Wanaque Valley Regional Sewerage Authority Status:

 

            No change in the status.

 

   Advertising on the Haskell Water Tank:

 

            No change in the status.

 

   Status of US Aluminum Investigation:

 

            No change in the status.

 

   Haskell Firehouse Status:

 

   Evergreen Avenue Drainage:

 

   Norman Court Drainage:

 

RESOLUTIONS:

 

   Resolution #152-0-08:

     Re:  Chapter 159 – Highlands Council Grant - $15,000.00

 

            On entertainment of the Mayor, Councilman Pasquariello and Pettet that,

 

            WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any Special Item of Revenue in the Budget of any County of Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of adoption of the Budget; and

            WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount;

            NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque, in the County of Passaic, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an Item of Revenue in the Budget for the year 2008 in the sum of $15,000.00.

            BE IT FURTHER RESOLVED, that a sum of $15,000.00 is hereby appropriated under the caption of:

 

            HIGHLANDS COUNCIL GRANT…………………….$15,000.00

 

            BE IT FURTHER RESOLVED, that the Borough Clerk forward two certified copies of this Resolution to the Director of the Division of Local Government Services.

 

            On roll call, all voted yes, and the Mayor declared the motion carried.

 

   Resolution #153-0-08:

     Re:  Chapter 159 – Recycling Tonnage Grant - $3,626.68

 

            On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that,

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any Special Item of Revenue in the Budget of any County of Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of adoption of the Budget; and

            WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount;

            NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque, in the County of Passaic, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an Item of Revenue in the Budget for the year 2008 in the sum of $3,626.68

            BE IT FURTHER RESOLVED, that a sum of $3,626.68 is hereby appropriated under the caption of:

 

            RECYCLING TONNAGE GRANT……………………..$3,626.68

 

            BE IT FURTHER RESOLVED, that the Borough Clerk forward two certified copies of this Resolution to the Director of the Division of Local Government Services.

 

            On roll call, all voted yes, and the Mayor declared the motion carried.

 

   Resolution #154-0-08:

     Re:  Chapter 159 – Clean Communities Grant - $10,084.10

            

            On entertainment of the Mayor, Councilmen Theoharous and Pettet moved that,

 

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any Special Item of Revenue in the Budget of any County of Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of adoption of the Budget; and

            WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount;

            NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque, in the County of Passaic, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an Item of Revenue in the Budget for the year 2008 in the sum of $10,084.10

            BE IT FURTHER RESOLVED, that a sum of $10,084.10 is hereby appropriated under the caption of:

 

            CLEAN COMMUNITIES GRANT……………………..$10,084.10

 

            BE IT FURTHER RESOLVED, that the Borough Clerk forward two certified copies of this Resolution to the Director of the Division of Local Government Services.

  

On roll call, all voted yes, and the Mayor declared the motion carried.

 

   Resolution #155-0-08:

     Re:  Lake Washington Dam Repairs – Change Order No. 4 in the amount of

            $67,460.86 to Ritacco Construction, Inc.

 

            On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,

 

BE IT RESOLVED that payment be made to Ritacco Construction, Inc. for Lake Washington Dam Repairs approving Change Order No. 4 for a decrease of $1,003.50 and approving Current Estimate No. 4 and Final in the amount of $67,460.86 in accordance with the Borough Engineers letter dated September 22, 2008.

 

On roll call, all voted yes, and the Mayor declared the motion carried.

 

   Resolution #156-0-08:

     Re:  Addice Park – Change Order

 

            On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that,

BE IT RESOLVED that payment be made to Applied Landscape Technologies for Athletic Field Redevelopment and Sitework at Addice Park and Wanaque Elementary School Sites for Change Order No. 1 in the amount of $16,670.57.

 

On roll call, all voted yes, and the Mayor declared the motion carried.

 

 

   Resolution #157-0-08:

     Re:  Halloween Curfew

 

            On entertainment of the Mayor, Councilmen Pettet and Pasquariello moved that,

 

WHEREAS, the Police Department has determined that a Halloween curfew would be in the best interest of the citizens of Wanaque; and

WHEREAS, said curfew would limit the potential damage to persons and property;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque as follows:

 

1)      There will be a curfew on Thursday, October 30th and on Friday, October 31st at 9:00 P.M. for all children under the age of eighteen.      

2)  That the fire whistle be sounded at 9:00 P.M. on October 30th and on

     October 31st to make the children aware that the curfew is in effect.

 

On roll call, all voted yes, and the Mayor declared the motion carried.

 

   Resolution #158-0-08:

     Re:  Memorializing Hearing and Suspension of License – 815 Ringwood Avenue

             Realty, LLC

 

            On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,

 

BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque, County of Passaic and State of New Jersey as follows:

 

1.                                Licensee 815 Ringwood Avenue Realty, L.L.C., is the holder of a liquor license issued by the Borough of Wanaque and said license being license #1613-32-015-008.

2.                                On August 19, 2008, Wanaque Borough Officer Sergeant Lee A. Smith, conducted an investigation and inspection, of the above licensed premises and reported and charged violations of the following:  (a) N.J.S.A. 13:2-23.13(a)3, in that form E-141A was incomplete and that it did not list all employees, specifically a Mr. Ben Guinta, and that entertainment was not listed thereon; (b) violation of N.J.S.A. 13:2-23.13(a)(2) in that no copy of long form license application was in or on the premises, (c) violation of N.J.S.A. 13:2-23.12 in that the licensee purchased alcoholic beverages from a prohibited source, (retailer to retailer).  Receipts were found dated January 29, 2008 from Bottle King, Route 23 North, Wayne, New Jersey for (2) Bailey’s Irish Crème, (1) Jack Daniels and (1) Medori Melon Liquors.  There was also a receipt dated March 29, 2008 from A & P Liquors in Haskell, New Jersey for bottles of Sambuca Roma.  These brand liquors were observed on the premises at the time of inspection.

3.                                Hearings were scheduled on July 14, 2008 and August 11, 2008 to consider and determine the violations alleged above.  On both occasions, the applicant requested adjournments and the hearing was re-scheduled for September 8, 2008.

4.                                The licensee, was advised and notified of the September 8, 2008 hearing date.

5.                                The licensee did not appear at the hearing date.

6.                                The hearing was conducted, evidence was received, and the Mayor and Council of the Borough of Wanaque, determined that the violations alleged against the licensee were sustained.

7.                                The Mayor and Council of the Borough of Wanaque, after consideration, determined that a thirty (30) day suspension of license was appropriate and therefore suspended the licensee’s license to serve and distribute alcoholic beverages from September 15, 2008 through October 15, 2008 with the licensee being notified of that determination by regular and certified mail.

 

On roll call, all voted yes, and the Mayor declared the motion carried.

 

   Resolution #159-0-08:

     Re:  2007 Audit

 

            On entertainment of the Mayor, Councilmen Theoharous and Pettet moved that,

 

WHEREAS, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have an annual audit of its books, accounts and financial transactions; and

WHEREAS, The Annual Report of Audit for the year 2007 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A: 5-6, and a copy has been received by each member of the Governing Body; and

WHEREAS, Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

WHEREAS, The Local Finance Board has promulgated a regulation requiring that the Governing Body of each municipality shall by Resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the Annual Audit entitled:

                                                                General Comments

                                                                Recommendations

and

WHEREAS, The members of the Governing Body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

                                                                General Comments

                                                                Recommendations

 

as evidenced by the group affidavit form of the Governing Body; and

WHEREAS, Such Resolution of certification shall be adopted by Governing Body no later than forty-five days after receipt of the Annual Audit, as per the regulations of the Local Finance Board; and

WHEREAS, All members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52 - to wit:

R.S. 52:27BB-52 - “A local officer or member of a local Governing Body who, after a date fixed for compliance fails or refuses to obey an order of the Director of Local Government Services, under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than on thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.”

NOW, THEREFORE, BE IT RESOLVED, That the Governing Body of the Borough of Wanaque, hereby states that it has compiled with the promulgation of the Local Finance board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

 

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON October 6, 2008.

 

On roll call, all voted yes, and the Mayor declared the motion carried.

 

   Resolution #160-0-08:

     Re:  Appoint Water Treatment Plant Operator

 

            On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,

 

            BE IT RESOLVED that Michael Barnes be and he is hereby appointed as the Licensed Water Treatment Plant Operator for the Borough of Wanaque, effective September 29, 2008 at an annual salary of $6954.00.

 

On roll call, all voted yes, except Councilman Theoharous who abstained and the Mayor declared the motion carried.

 

   Resolution #161-0-08:

     Re:  Haskell Tank Cell Tower

 

            On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved that,

 

WHEREAS, the Borough of Wanaque received bids on September 30, 2008 for a ground lease at the Haskell Water Tank for the purpose of allowing for the construction of an equipment room for an additional carrier to be added to the existing monopole at the site; and

            WHEREAS, bids were received from the following:

 

Metro PCS New York LLC                                                                 $24,000 per year

5 Skyline Drive

Hawthorne, N.Y. 10532

 

New York SMSA Limited Partnership                                      $20,000 per year

D/B/A Verizon Wireless

141 Industrial Parkway

Branchburg, N.J. 08876

and;

            WHEREAS, Metro PCS has indicated a willingness to allow Verizon Wireless to stack its equipment on the same site, thereby allowing both carriers to be located at the site.

            NOW THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute lease agreements with the following companies:                             Metro PCS New York LLC

            5 Skyline Drive                                    

Hawthorne, N.Y. 10532

 

for the lease bid of $24,000 per year in accordance with the specifications and lease agreement, and with

New York SMSA Limited Partnership                         

D/B/A Verizon Wireless

141 Industrial Parkway

Branchburg, N.J. 08876

for the lease bid of $20,000 per year in accordance with the specifications and lease agreement, and further subject to an agreement with Metro-PCS to stack its equipment above their equipment.

 

On roll call, all voted yes, and the Mayor declared the motion carried.

 

FINANCE REPORT:

           

Councilman Pettet said your Finance Committee respectfully reports that they have examined and approved the following and recommend that warrants be issued for their payment when the funds of the Borough of Wanaque are sufficient to meet them.

 

            Vouchers:

 

CURRENT 2008                                                                         $263,781.03      

 

CURRENT PRE-PAID                                                                   57,311.82

 

WATER OPERATING 2008                                                          37,458.27

 

WATER PREPAID                                                                           2,120.32

 

GENERAL CAPITAL                                                                     49,286.98

 

WATER CAPITAL                                                                          10,924.91

 

ESCROW BOOKKEEPER                                                                  895.00

 

PUBLIC ASSISTANCE                                                                    6,596.59

 

RECREATION TRUST                                                                     4,127.35

 

RECYCLING TRUST                                                              __     23,225.24 ___  

                                                                  

                                                          TOTAL VOUCHERS         $455,727.51

 

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.

APPROVED:  October 6, 2008

 

___________________________

                 Daniel Mahler

                      Mayor

 

 

Payrolls:

           

            Councilmen Pettet and Theoharous moved a resolution approving the following payrolls:

                                   

                                    Payroll #19                   p/e 09/19/08                   $190,312.69

 

                                    Payroll #20                   p/e 10/03/08                   $185,796.56_

                                                                   

                                                                           Payroll Total               $376,109.26

 

                                                                     GRAND TOTAL              $831,836.76

 

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.

APPROVED:  October 6, 2008

 

________________________________

                    Daniel Mahler

                         Mayor

 

           

ADJOURNMENT:

 

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to adjourn the meeting.

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:35 P.M.

 

 

___________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk