MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES
August 10, 2009

A Business Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, August 10, 2009, at 7:00 P.M. in the Wanaque Municipal Building.

The Mayor called the meeting to order.

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

The Mayor read the following Sunshine Statement: This is a Business meeting of the Mayor and Council and adequate notice thereof has been given by advertising the date, time and place of the Business meeting in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on July 16, 2009, and a notice thereof has been posted on July 16, 2009 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 July 13, 2009.

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

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

NEW BUSINESS:

Closed Session:
Re: Negotiations / Personnel / Litigation

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, (N.J.S.A. 10:4-1) permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, This public Body is of the opinion that such circumstances presently exist;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque, County of Passaic, State of New Jersey, as follows:
1. The public shall be excluded from discussion of action upon the hereinafter specified subject matter.
2. The general nature of the subject matter to be discussed is as follows:
1) Resolutions on the agenda and lease with Passaic County Social Services.
3. The Mayor and Council shall release and disclose to the general public the
discussion and actions taken on the subject matter of the above mentioned closed session when the reasons for discussing and acting on the matter in closed session no longer exist, but no later than one month of the Mayor and Council arriving at a final decision on the specified subject matter.

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

RECONVENEMENT:

On entertainment of the Mayor, Councilwoman Cisco and Councilman Pettet moved a motion to reconvene at 7:35 P.M.
On roll call, all were present.

ORDINANCES:

Introduction of Ord. #17-0-09:
Re: Bond Ordinance making a Supplemental Appropriation of $400,000 for the
Improvement of the Water Supply and Distribution System

On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved that Ordinance #17-0-09 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:

BOND ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION OF $400,000 FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (RINGWOOD AVENUE PROJECT) IN AND BY THE BOROUGH HERETOFORE AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $400,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH SUPPLEMENTAL APPROPRIATION.

On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved that,

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION OF $400,000 FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (RINGWOOD AVENUE PROJECT) IN AND BY THE BOROUGH HERETOFORE AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $400,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH SUPPLEMENTAL APPROPRIATION 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 14th day of September 2009, 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.

Introduction of Ord. #18-0-09:
Re: Amend Zoning Ordinance – Cell Towers

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #18-0-09 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 AMENDING ORDINANCE NO: 25-0-2008 REGULATING WIRELESS TELEPHONE COMMUNICATION TOWERS AND ANTENNAS.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO: 25-0-2008 REGULATING WIRELESS TELEPHONE COMMUNICATION TOWERS AND ANTENNAS 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 14th day of September 2009, 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.

Introduction of Ord. #19-0-09:
Re: Bond Ordinance – Assume Debt of the Wanaque Borough Sewerage Authority

On entertainment of the Mayor, Councilmen O’Connell and Pasquariello moved that Ordinance #19-0-09 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:
BOND ORDINANCE OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AUTHORIZING THE PAYMENT AND ASSUMPTION BY THE BOROUGH OF $8,884,137.35 OF BONDS OF THE WANAQUE BOROUGH SEWERAGE AUTHORITY.

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

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AUTHORIZING THE PAYMENT AND ASSUMPTION BY THE BOROUGH OF $8,884,137.35 OF BONDS OF THE WANAQUE BOROUGH SEWERAGE AUTHORITY 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 14th day of September 2009, 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.

COMMITTEE REPORTS:

Councilman Balunis:

Councilman Balunis reported the Wanaque Board of Education replaced tables in the cafeteria and are redoing the science labs in the school. The outreach committee meeting is at the end of the month. The recreation commission did not meet in July. The lights at Back Beach at getting fixed.

The Borough Administrator said there is another electrician coming in to fix them.

Councilman Balunis said what is the status of the lights at Memorial field.

The Borough Administrator said there is no formal notification received yet. We may have to do a Bond Ordinance.

Councilman Balunis said try to keep on top of it.

The Borough Administrator said I will. We have a proposal.

Councilman Balunis said the pulley on the flag pole broke at Memorial field.

The Borough Administrator said we’ll look to replace it.

Councilwoman Cisco:

Councilwoman Cisco reported the Local Assistance Board had no meeting. The next meeting is September 22nd. The Board of Adjustment had two applications. The first aid squad had sixty seven ambulance calls for the month, 438 calls for the year so far and 8,343 hours. On September 10th the first aid squad and other organizations will be attending the September 11th memorial at the Public Safety Center in Wayne attending. The first aid squad wetdown will be held on will be held on October 3rd from 1:00 P.M. to 5:00 P.M.

Councilman O’Connell:

Councilman O’Connell reported the award of the bid for the road department truck will be tonight. There is no Planning Board meeting. The article in the Trends regarding the Budget.
Councilman Balunis said there is no effort made to reduce the Budget.

Councilman Pasquariello:

Councilman Pasquariello reported there is nothing to report on the police department. There is no shared services meeting yet. Lakeland Regional High School is chosing a new board president and there is a new generator being put in. There is a process of an audit also.

Councilman Theoharous:

Councilman Theoharous reported there is no Board of Health meeting and no report for the fire department.

John Reno, Police Chief spoke about the antennae on top of the tanks for the main communications systems and the main cables were cut. No inspections were done by Alaimo. No one should be paid until Regional Communications is paid. Should hold up other payments.

The Borough Engineer said T-Mobile was responsible to fix it. The cables were cut. Regional Communications did the work but it was the sub contractor who cut the cables. It was four thousand five hundred dollars to splice it was spent. T-Mobile should pay it.

John Reno said the brackets were not placed and no inspections were done. The contractor was not being paid.

Discussion followed regarding the issue.

The Borough Engineer said you should have said what you wanted.

John Reno said the contractor should get paid. The bills are not getting paid.

The Borough Engineer said the towns contractor is responsible for the payment.

The Borough Administrator said we will handle it tomorrow.

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

Dave DaSilva, 108 Monroe Street, Haskell said something I’ve been saying for a few years now I will just say it quickly. I really don’t like combining the meetings. I appreciate you going through the bulk of the agenda to resolve most of my problems but I still think the meeting should be separated for the entire year. Regarding the Haskell Water Tank what was the total amount spent. Is the project completely done now this is the last transaction.

The Borough Engineer said this is the final estimate. There is one more payment to go after the punch list is done.
Dave DaSilva what is the total spent today.

The Borough Administrator said the amount paid so far is seven hundred nineteen thousand seven hundred twelve dollars.
Dave DaSilva said how much do you think is outstanding.

The Borough Administrator said the total contract is $734,400.00.

Dave DaSilva said that’s before the reduction of fourteen thousand dollars and change, the credit in this change order.

The Borough Engineer said the original amount of the contract was sevenh hundred fifty four thousand nine hundred dollars, then once we adjusted the fourteen thousand dollars we’re down it’s fourteen thousand dollars and change we go down to seven hundred forty thousand one hundred dollars will be the adjusted amount of the contract now and so far we’ve paid out seven hundred thirty four thousand dollars. So we still have about five or six thousand dollars coming plus the retainer.

Dave DaSilva said just a comment on what the Chief was discussing before. If the Borough relies upon this vendor that is owed the four thousand five hundred dollars I think we should probably consider paying this vendor if we need them and then dealing with getting the money back from Nextel or T-Mobile or whoever it is because if we’re relying on these people to service us and they say one day we came out to rescue you on Memorial Day weekend when they cut the line or when ever it was you haven’t paid us the four thousand five hundred dollars we’re not going to come out in an emergency. Our communication system is pretty important. Just a note on the litigation cost of trying to recover the four thousand five hundred dollars from T-Mobile it might cost us more in the long run to sue them then it will to actually just eat this four thousand five hundred dollars.

The Borough Attorney said that’s why I think tomorrow when Tom takes a look at it we’ll take a look at the full parameters. Maybe an attorney’s letter would be enough to shake them out of their lethargy.

Dave DaSilva said but please consider paying this vendor if this person did the work for us so we can rely on them to come to service us in the future. What is the net effect of the changes of the salary resolution.

The Borough Administrator said fifteen hundred dollars.

Dave DaSilva said more or less.

The Borough Administrator said more.

The Mayor said well less. There is an employee who is no longer with us.

The Borough Administrator said but the individual salary is being increased by eighteen hundred but we’re reducing the head count by one.

Dave DaSilva said that’s what I’m saying what is the net effect of all those changes.

The Borough Administrator said about eighteen thousand dollars less.

Dave DaSilva said is there any change with the replacement of the Water Supervisor.

The Borough Administrator said yes. There is a savings there of about seven or eight thousand dollars there also.

Dave DaSilva said that just goes into surplus.

The Borough Administrator said well the water stays with the water utilities. The savings on the employee will at the end of the year will either go into transfers if we need money elsewhere or will come to the Council either lapses to stay in for a year or I come back to the Council and have them cancel that at the end of the year.

Dave DaSilva said the Water Loan, it’s referenced as a water loan in some parts of the agenda today and then there’s a Bond Ordinance. Is that all the same thing.

The Borough Administrator said yes.

Dave DaSilva said and that’s for replacing the water main on Ringwood Avenue and the total amount is four hundred thousand that we’re borrowing.

The Borough Administrator said plus the two million dollars, it’s 2.4 million dollars total.

Dave DaSilva said from the previous thing so it’s two million dollars total or 2.4 million dollars.

The Borough Administrator said 2.4 million dollars.

Dave DaSilva said just a note that on the agenda the Pulte property is listed as 1287 Ringwood Avenue I believe the correct address is 1237 Ringwood Avenue.

The Municipal Clerk said that may just be a typographical error.

Dave DaSilva said the findings and facts for the dissolution of the sewerage authority does that have a financial breakdown of the savings and where the line items are. Is that something that you can get me a copy of.

The Borough Administrator said yes.

Dave DaSilva said how much debt are we assuming is that 8.8 million dollars the exact amount that they currently have.

The Borough Administrator said yes.

Dave DaSilva said are we going to be taking out that exact amount in bonds.

The Mayor said we’re just going to assume their debt.

Dave DaSilva said we’re just going to assume it. So we’re just changing the name on it.

The Borough Administrator said yes. We are looking at whether or not certain bonds may be callable where we could refinance them at a savings. We’re in the process of doing that analysis but right now the idea is that we’re just going to take over paying the existing bonds.

Dave DaSilva said are there any fees in doing that what we’re paying.

The Borough Administrator said to take over the bonds no.

Dave DaSilva said are there any additional fees that we’re going to assume for the new utility that aren’t currently being expended.

The Borough Administrator said no.

Dave DaSilva said there are no costs in starting a new authority.

The Borough Administrator said we’re creating a utility. What will happen is that we will prepare a budget as of January 1st just like I do for the water utility we’re going through the paperwork which we have to file with the State of course but they start operating on January 1st on a temporary budget just like the water utility does and it’s just a matter of us creating additional budget accounts on our accounting software.

Dave DaSilva said how long do you think the process is going to take.

The Borough Administrator said if we’re before the Local Finance Board in September and we get their approval and the Council adopts the Ordinance either in September or October everything is in place for January 1st.

Dave DaSilva said and this won’t effect the fees paid by the residents to the sewer authority today it’s just going to be paid to a different entity.

The Borough Administrator said it would be paid to the Wanaque sewer utility as opposed to the Wanaque sewer authority.
Dave DaSilva said there is no change in the fees that the sewer authority today of the new utility pays to the Borough back and forth.

The Borough Administrator said what will happen is the two functions that the authority pays for right now become revenue to the Borough. We make a grand total of one thousand dollars for doing the billing and we get about one hundred fifty thousand dollars, one hundred sixty thousand dollars a year for the maintenance. So those will become line items in that individual budget and they’ll be charged off appropriately.

Dave DaSilva said so you’re still going to show the expense on the utility.

The Borough Administrator it is still going to be there on paper. There is no change.

Dave DaSilva said how much money is currently appropriated in old Ordinances and not yet spent as of today.

The Borough Administrator said whatever the number I gave you two months ago. It has not changed.

Dave DaSilva said nothing has changed. Well the number I think you gave me a few months ago was that everything is spent.

The Borough Administrator said just about.

Dave DaSilva said can you figure out if there is anything left as opposed to just about and let me know.

The Borough Administrator said not without having all the budget reports in front of me.

Dave DaSilva said how much money is currently in the pilot program fund for Sal Falciglia that is not being used.

The Borough Administrator said I don’t know offhand.

Dave DaSilva said can you find out for me. I asked last month I thought you would have an answer for me this month. I can send you an email if that would help. Mr. Mayor can you tell me what positions other than Borough Administrator Mr. Carroll holds today that are paid for by the Borough for any Borough entities that are currently held today other than Administrator.

The Mayor said he is our official purchasing agent, he is our assistant OEM manager.

Dave DaSilva said do you know what the compensation is for those.

The Mayor said not off the top of my head. I would have to look them up.

Dave DaSilva said can I have that next month as well.

The Mayor said sure. You can email in your list and we’ll send it to you every month if you would like.

Dave DaSilva said in reference to the vehicle Mr. Carroll drives how is that registered with the New Jersey Motor Vehicle Commission. What kind of a vehicle is that. Is it registered as public works vehicle or an emergency vehicle.

The Mayor said it’s a Borough vehicle.

Dave DaSilva said some vehicles fall under a different title such as emergency vehicles. Is that registered as an emergency vehicle.

The Borough Administrator said no.

Dave DaSilva said so the insurance is the same as the other Borough vehicles.

The Borough Administrator said yes.

Dave DaSilva said the expenses associated with operating that vehicle where does that fall in the budget.

The Borough Administrator said it’s in the administration budget.

Dave DaSilva said there was discussion last month about no having municipal government plates on it or an emblem on it because that would appear as a misuse of the vehicle. It looks like a misuse of a Borough vehicle and therefore why are we trying to pretend that it’s not. I understand that it’s in the contract but if we are trying to hide the fact that it’s a Borough vehicle.

The Mayor said we’re not trying to hide it.

Dave DaSilva said I think we’ll revisit that when the discussion about renewing the contract next year comes up. I really believe the vehicle should have a municipal government plate on it unless it is an undercover police vehicle and it should have an emblem on it as does every other vehicle that is operated and owned by the Borough. I think hiding this fact is inappropriate.

The Mayor said we’re not hiding it.

Dave DaSilva said in reference to the Pulte building that you approved last month for purchase and you’re talking about the lease. Who negotiated on behalf of Pulte.

The Borough Attorney said Ed Israllo who is an attorney and in house counsel for Pulte.

Dave DaSilva said who negotiated on behalf of the Borough.

The Borough Attorney said Anthony Fiorello, Borough attorney in conjunction with input from the Mayor, the Business Administator and Councilman O’Connell gave some insights.

Dave DaSilva said who negotiated the two hundred thousand dollar handshake deal last year or the year before for the Borough for the contribution to fire equipment.

The Borough Attorney said that is a resolution of the Wanaque Borough Planning Board at a point in time when Pulte applied to make their building from a temporary structure to a permanent structure on December 18, 2008 in the resolution.

Dave DaSilva said there is some discussion about a handshake deal before that memorializing document.

The Borough Administrator said it was probably sometime in 2005, 2006 I had a discussion with the then regional president of Pulte homes and indicated our desire for additional funds for the fire department and he committed to two hundred thousand dollars and the people in his office were aware of it. Unfortunately he left and we could not get anything in writing but we continued to remind them that they had promised us the additional two hundred thousand dollars so we were able to negotiate that through the planning board.

Dave DaSilva said that was in addition to the two hundred fifty thousand dollars they gave you before. Do you remember when that was when they gave us the two hundred fifty thousand dollars.

The Borough Administrator said that’s correct. The two hundred fifty thousand dollars was included in the developers agreement

Dave DaSilva said that was paid shortly thereafter.

The Borough Administrator said there was a payment schedule in the developers agreement and I believe it was done over a period of time based on certificate of occupancies or a time frame.

Dave DaSilva said so if we could go forward with this purchase and include it as a credit on the purchase price would we still be entitled to that money.

The Borough Attorney said yes with certain provisions. There are certain legal ramifications to inclusion in resolutions of things not necessarily associated with the application. There are cases that talk about the inclusion of we call them off site improvements or contributions made in conjunction with something that was not before the board. This was an application to move a temporary structure to a permanent instruction basis. One could argue legally that there is no legal basis for including the two hundred thousand dollars in that resolution. However it was and it was based upon previous discussions that were had between the Borough Administrator and Pulte.

Dave DaSilva said all the money that it’s going to cost to renovate the building is being paid by the County. Besides the air conditioning are we required to do any sort of maintenance on the building.

Mayor said yes. The outside maintenance cut the grass, shovel the snow.

Dave DaSilva said and if the roof falls in we’re not responsible for that.

The Borough Attorney said if the roof falls in we have insurance provisions catastrophic events provisions and insurance provisions in place in the agreement so if the building burns down for example we have included in the clause that the County insures the loss that the Borough is the loss payee. The County pays for the insurance we are the loss payee. We don’t have to pay. All interior maintenances is done by them, all interior fit up is done by them, any change is electrical service is paid for by them.

Dave DaSilva said who in the Borough will function as the Administrator of this arrangement.

The Borough Attorney said the Borough Administrator said the building inspector, all those people who have to do with the improvements of buildings. They have to file for applications and they have to give us copies of their plans we have to see what happens but that is all Jeff Brusco.

Dave DaSilva said if somebody from the surrogate’s office needs the lawn mowed who do they call.

The Borough Attorney said I don’t know if there is much lawn there but there is a large parking area. We are responsible to do the landscaping. Let it be clear we plow the snow we remove the snow from the sidewalks we do the landscaping.

Dave DaSilva said Mr. Fiorello if you could look into something for me there is something in the Planning Board resolution from December that you just mentioned. According to this they’ve based changing this from a temporary structure to a permanent structure on several conditions. A couple of them, there are a couple of easements that need to be made official.

The Borough Attorney said the easements are done with the exception of one. There is an easement that Mr. Kassover has yet to finalize with Mr. Israllo and that is an easement for the sewer line that runs horizontally through the center of the premises and according to discussions with Mr. Brusco doesn’t run underneath but runs close to the building. That has to be prepared and there needs to be a metes and bounds description of that. But based upon an assumption that we will be taking over that responsibility and then it will fall in my lap to protect that easement with Pulte.

Dave DaSilva said and something about an electrical box that will be resolved as well.

The Borough Attorney said yes. It’s a minor change.

Dave DaSilva said and there is a clause about the future owners.

The Borough Attorney said we own the property we may not need an easement since we are now the sewer authority so to speak. I will look into it. That’s one of the conditions and I spoke to Mr. Israllo about it if Jeff Kassover gets it done before we close then it will be an easement. But it will subsume to us when the authority is abolished.

Dave DaSilva said then my biggest concern is the first condition it says this approval is granted subject to and contingent upon all representation of the applicant being true and accurate if the representations of the applicant are not true.

The Borough Attorney said that is a standard on most resolutions.

Dave DaSilva said the last sentence is what bothers me on or before January 15, 2009 applicant shall make a contribution to the Borough to be used for fire equipment. The way I read that is if that doesn’t happen by January 15, 2009 it is still a temporary structure not a permanent structure. This resolution is not valid because one of the conditions was not met. There could be some legal basis. When I read it I was concerned about it.

The Borough Attorney said I don’t think so. I think based upon the negotiations in going forward in good faith we would be hard pressed to say that is a temporary structure because you didn’t pay us the two hundred thousand dollars on the other hand we have assume that two hundred thousand dollars of the acquisition cost. I don’t believe the resolution would fail and I don’t believe it’s a temporary structure I believe it’s permanent and I don’t believe a court would strike it down for that condition. If someone started a lawsuit and said they didn’t comply with the resolution I can’t see a judge in superior court knocking it down with them negotiating with them for the two hundred thousand dollars.

Dave DaSilva said but three years from now if someone comes before the board and they set out conditions in their resolutions they may say well they let these guys slide maybe they’ll let me slide.

The Borough Attorney said every case before any board or who will be advised operates on a case by case basis. So what you do in case a does not hold over and bind them in case b.

Dave DaSilva said okay if that’s not a concern then so be it. Thank you.

Sandy Lawson, 28 Haskell Avenue, Haskell said whose responsible for mowing the property by Dunkin Donuts and Greenwood Avenue.

The Borough Administrator said Mr. Brusco and United Water by Greenwood Avenue.

Sandy Lawson said the bus stops by the Pulte building who will be maintaining the weeds.

The Borough Administrator said we may take it over when we do the building site.

John DiMeglio, 414 Ringwood Avenue, Wanaque said you are going to buy the Pulte building there is a list of repairs from the building inspector and would not purchase the building with all the issues listed including the roof.

The Borough Administrator said we looked at the roof the other day. Pulte is to repair the roof.

John DiMeglio said they are several pre-fab buildings put together.

The Borough Administrator said the building inspector gave the approval for a permanent building.

John DiMeglio said the appraisal assessed value two hundred thousand dollars new assessment.

The Borough Attorney said that is forty one percent of the value. The value of the property is five hundred fifty thousand dollars equalized value of property. If the town reassesses the property value will probably go up.

John DiMeglio said nine hundred seventy five thousand dollars was bonded for the fire truck.

The Borough Administrator said it was seven hundred twenty five thousand dollars bonded for the fire truck and two hundred thousand dollars for the Borough to see fit.

John DiMeglio said it was three hundred thousand dollars to house the fire truck total. Rainbow Valley Lake Dam three hundred twenty five thousand dollars should be put to debt. Why are you in the real estate business with the building.

The Mayor said how many years the houses where Jack’s hardware was sitting there and we brought it to redevelop it.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Six (6) Applications for Raffle Licenses:
Re: 1) Wanaque First Aid Auxiliary - RA:712, 2) Saint Francis of Assisi Church
RA:713 and RA:714, 3) Lakeland Chorale Association - RA:715, RA:716
and RA:717

Application for Membership for the Wanaque Volunteer Fire Department – Ryan
Burke – Company No. 1 effective immediately pending physical exam results


Resolution #126-0-09:
Re: Redemption of Tax Sale Certificate #07-00169 for Block 206, Lot 77 in the
amount of $24,624.41

WHEREAS, a Tax Sale was held for 2006 delinquent Municipal charges on May 30, 2007, and
WHEREAS, JN Properties was the successful bidder for Block 206 Lot 77 for which Tax Sale Certificate #07-00169 was assigned, and
WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $24,624.41 as per the certification of the Tax Collector.

Resolution #127-0-09:
Re: Refund of Tax overpayments of 2009 3rd Quarter Tax to Block 200.15, Lot 3 in
the amount of $2,700.73 and Block 304.01, Lot 6 in the amount of $1,507.82
for a total of $4,208.55

WHEREAS, there exist tax overpayments on the properties listed herein for the third quarter of 2009:

BLOCK LOT AMOUNT
200.15 3 $2,700.73
304.01 6 $1,507.82

WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $4,208.55 as per the certification of the Tax Collector.

Payment to County of Passaic:
Re: 3rd Quarter Taxes for the year 2009 in the amount of $1,688,864.62

Payment to County of Passaic:
Re: Open Space Taxes for the 3rd Quarter Year 2009 in the amount of $34,515.85

Resolution #128-0-09:
Re: Chapter 159 – Speed Enforcement Grant - $4,000.00

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 2009 in the amount of $4,000.00.
BE IT FURTHER RESOLVED, that a sum of $4,000.00 is hereby appropriated under the caption of:

OBEY THE SIGNS/ SPEED ENFORCEMENT GRANT……$4,000.00

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.

Resolution #129-0-09:
Re: Chapter 159 – Over the Limit Under Arrest Statewide Crackdown Grant –
$6,000.00

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 2009 in the amount of $6,000.00.
BE IT FURTHER RESOLVED, that a sum of $6,000.00 is hereby appropriated under the caption of:

2009 STATEWIDE CRACKDOWN GRANT $6,000.00

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.

Resolution #130-0-09:
Re: Chapter 159 – A.W.A.R.E. A.S.A.P. Grant – $54,000.00

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 2009 in the amount of $54,400.00.
BE IT FURTHER RESOLVED, that a sum of $54,400.00 is hereby appropriated under the caption of:

RINGWOOD/WANAQUE MUNICIPAL ALLIANCE ATOD PROGRAM
$54,400.00

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.

Resolution #131-0-09:
Re: Chapter 159 – A.W.A.R.E. A.S.A.P. Alliance Grant – 2010

BE IT RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize the filing of the 2010 Municipal Alliance Grant Application; and
BE IT FURTHER RESOLVED that the Borough of Wanaque will adhere to all conditions and obligations as sub-grantee to the State of New Jersey and the County of Passaic as set forth in the Letter of Agreement between the Governor’s Council on Alcoholism and Drug Abuse and Passaic County, for the grant administration of the 2010 Alliance to Prevent Alcoholism and Drug Abuse, for a grant amount of $54,400 and cash amount of $17,200; and
BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk be and are hereby authorized to execute the proposed application;
BE IT FURTHER RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize that the Membership of AWARE will consist of the person’s names listed on Exhibit A, attached to this Resolution; and
BE IT FURTHER RESOLVED that this group shall serve as the Alliance of the above said municipality for a three year term in accordance with P.L. 1989, C. 51 and the Guidelines of the Passaic County Municipal Alliance Plan Steering Subcommittee.

Resolution #132-0-09:
Re: Payment to JPI Painting, Inc. for Repainting and Improvements to the
1,000,000 Gallon Haskell Water Tank – Change Order No. 2 in the
amount of $14,800.00 and Current Estimate No. 3 in the amount of
$142,002.00

BE IT RESOLVED that payment be made to JPI Painting, Inc. for Repainting and Improvements to the 1,000,000 Gallon Haskell Water Tank approving Change Order No. 2 in the amount of $14,800.00 and approving Current Estimate No. 3 in the amount of $142,002.00 in accordance with the Borough Engineers letter dated August 3, 2009.

Resolution #133-0-09:
Re: Payment to John Garcia Construction for Laura Avenue Reconstruction
Phase 2 – Engineer Certification No. 1 in the amount of $63,739.20 and
Change Order No. 1 in the amount of $7,175.00

BE IT RESOLVED that payment be made to John Garcia Construction Company for Laura Avenue Reconstruction Phase 2 approving Engineer Certification No. 1 in the amount of $63,739.20 and Change Order No. 1 in the amount of $7,175.00 in accordance with the letter from RCC Design, Inc. dated July 29, 2009.

Resolution #134-0-09:
Re: Change Order – 2009 Road Program

BE IT RESOLVED that an increase of 6.63% for the scope of work for the 2009 Road Program - Milling and Repaving Portion of Greenwood Avenue in the amount of $4,640.00 be approved for Change Order No. 1 in accordance with the Borough Engineer’s letter dated July 22, 2009.

Resolution #135-0-09:
Re: Amend VALIC LOSAP Plan Document

WHEREAS, the Borough of Wanaque (hereinafter referred to as the “Sponsoring Agency”) by resolution adopted a Length of Service Award Plan (hereinafter referred to as the “Plan”) effective January 1, 2001, for the purpose of enhancing the Sponsoring Agency’s ability to retain and recruit volunteer firefighters and volunteer members of emergency service squads; and
WHEREAS, the Sponsoring Agency by resolution retained the Variable Annuity Life Insurance Company (“VALIC”) as the contractor under the Plan; and
WHEREAS, the Sponsoring Agency adopted the VALIC Length of Service Award Plan Document approved by the Division of Local Government Services and assigned identifier 02-LOSAP-VALIC 120800, effective March 21, 2002; and
WHEREAS, the Sponsoring Agency desires to adopt the updated VALIC Length of Service Award Plan Document approved by the Division of Local Government Services and assigned identifier 07-LOSAP-VALIC-040209;
NOW, THEREFORE, BE IT RESOLVED that the Sponsoring Agency hereby adopts the VALIC Length of Service Award Plan Document Approved by the Division of Local Governmental Services and assigned identifier 07-LOSAP-VALIC-040209 effective January 1, 2010 and authorizes the Borough Administrator to execute the document and to submit a certified copy of this Resolution to the Director of the Division of Local Governmental Services.
I, Katherine Falone, Municipal Clerk of the Sponsoring Agency, in the ounty of Passaic and the State of New Jersey do hereby certify the foregoing to be a true and correct copy of a RESOLUTION adopted by the Sponsoring Agency on the 10th day of August, 2009.

Resolution #148-0-09:
Re: Approve Participation in Mid-Passaic County Co-op pricing system

A RESOLUTION AUTHORIZING THE BOROUGH OF WANAQUE TO ENTER INTO A COOPERATIVE PRICING AGREEMENT.
WHEREAS, N.J.S.A. 40A11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and
WHEREAS, the Borough of Hawthorne, hereinafter referred to as the “Lead Agency” has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services, entitled the Mid-Passaic County Cooperative Pricing System; and
WHEREAS, on August 10, 2009 the Governing Body of the Borough of Wanaque, County of Passaic, State of New Jersey duly considered participation in the Mid-Passaic County Cooperative Pricing System;
This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Wanaque.
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the Borough of Hawthorne for participation in the Mid-Passaic County Cooperative Pricing System.
The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 11:11 et seq.) and all other provisions of the revised statutes of the State of New Jersey.
This resolution shall take effect immediately upon passage.

Two (2) Applications for Flea Market:
Re: Wanaque Reserve Activities – Sunday, September 6, 2009 (Rain Date –
Monday, September 7, 2009), New Too You, 1141 Ringwood Avenue,
Haskell – Saturday, August 15, 2009 (Rain Date – Sunday, August 16, 2009)

Letter from the Great Atlantic and Pacific Tea Company:
Re: Request for refund of renewal fee in the amount of $400.00

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 July 2009 NONE.

4. Municipal Court Report for July 2009

5. Welfare Report for July 2009 - NONE.

On entertainment of the Mayor, Councilmen Pettet and Pasquariello 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

Administrator:

The Administrator reported on the water use is down due to all the rain. The surplus vehicle sale to look at the ambulance and the cash for clunkers program. Amend the resolution to add the ambulance on. We moved the Health Secretary to the Building Department and the Tax Assessor’s Secretary to the Health Department from 8:30 A.M. to 12:00 P.M. and in the Tax Assessor’s office from 1:00 P.M. to 4:00 P.M.

Engineer:

The Engineer reported on the items on the agenda were discussed. The cost is fourteen thousand dollars lower for the Road Program Change Order.

Attorney:

The Attorney reported on the Pulte trailer acquisition. The contract is subject to the lease. The Borough to purchase the trailer with Social Services wanting to lease the building at fifteen dollars a square foot. Programs of Social Services and job corp would be brought to the facility for employment and job training. The County Clerk’s office for services contingent upon entering into a ten year lease. The Borough would be responsible to do the landscaping and snow shoveling and the interior to be done by Pulte. The lease to be done and executed. In 2000 or 2001 Bi Coastal was to fix the dam damaged due to the rain. There was an agreement filed to be paid one hundred ninety five thousand one hundred ninety five dollars and the lien was to be discharged and filed and recorded. That has been done and a resolution should be added to the agenda and passed.

COMMUNICATIONS: None.

NEW BUSINESS:

Appointment of Recreation Commission Member:

The Mayor appointed Michelle Decker, 2B Storms Place, Haskell to the Recreation Commission.

Letter from Rona Weissman:
Re: Request for change in parking regulations for the upper section of Tremont
Terrace

The Police department to look into.

Closed Session:
Re: Litigation / Negotiation / Personnel

Held at the beginning of the meeting.

UNFINISHED BUSINESS:

Status of US Aluminum Investigation:

The Borough Administrator reported they are moving along with the Department of Environmental Protection.
The Mayor said what is the status of Mountain Lakes.
The Borough Administrator said I haven’t heard. I will call the contact person tomorrow.

RESOLUTIONS:

Resolution #136-0-09:
Re: Appoint Michael Reiff as Water Supervisor

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

BE IT RESOLVED that Michael Reiff be and he is hereby appointed as Supervisor, Water, effective August 1, 2009 at a base salary of $63,604.

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

Resolution #137-0-09:
Re: Amend 2009 Salary Resolution

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

BE IT RESOLVED that the 2009 Salary Resolution be amended as follows:

Employee Position Salary

Theresa Smerklo Clerk Typist – Health (50%) $19,151.50
Theresa Smerklo Clerk Typist – Assessing (50%) $19,151.50

Total Salary $38,303.00

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

Resolution #138-0-09:
Re: Sale of Surplus Vehicles

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that the following vehicles are declared surplus property in accordance with N.J.S.A. 40A:11-36:

2001 Ford 2FAFP71W81X151078
1980 Oren 8VA401156
1984 International 1HTLFUXNOEHA50125
2000 Freightliner Sweeper 1FV6HJBAXYHF15218
1998 Ford Van 1FDWE30F9WHA11070
and;
BE IT FURTHER RESOLVED that the Borough Administrator is authorized to hold this auction by open public sale or by internet auction at Govdeals.com.

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

Resolution #139-0-09:
Re: Award Bid – Road Department Truck

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

WHEREAS, the Borough of Wanaque advertised for and received bids on August 5, 2009 for 2010 International Truck Model 7500 4X4 with Snow Removal, Dump body and Central Hydraulics, or equivalent and the following bids were received:

Brown’s Hunterdon International $164,580
DeLuxe International Truck $171,568
and;
WHEREAS, the Borough Administrator reviewed the bid of Brown’s Hunterdon International and found that the bid was not responsive, as required by N.J.S.A. 40A:11-1, et. seq, insofar that the specifications required the repair facility to be within 40 miles of the Borough of Wanaque, and this bidder’s location is 58.3 miles; and
WHEREAS, the Borough Administrator reviewed the bid of DeLuxe International Truck and found it to be responsive and responsible and
NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to DeLuxe International Truck, 600 South River Street, Hackensack, N.J. 07601 for one 2010 International Truck Model 7500 4X4 with Snow Removal, Dump body and Central Hydraulics, or equivalent in the bid amount of $171,568.00; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account X-GC-03-357-000.

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

Resolution #140-0-09:
Re: Appoint Jennifer Fiorito as Technical Assistant to the Construction Official,
Typing; Secretary Board/Commission (Planning); Secretary Board/Commission
(Board of Adjustment)

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

BE IT RESOLVED that Jennifer Fiorito be and is hereby appointed to the following positions with the Borough of Wanaque effective August 1, 2009:

Salary

Technical Assistant, Construction Code (75%) $29,879
Secretary Board/Commission (12.5%) 4,980
Secretary Board/Commission (12.5%) 4,980

Total Salary $39,839

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

Resolution #141-0-09:
Re: Amend Capital Budget

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


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

Resolution #142-0-09:
Re: Application to Local Finance Board – Dissolution of the Wanaque Borough
Sewerage Authority

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

RESOLUTION OF THE BOROUGH OF WANAQUE
MAKING APPLICATION TO THE LOCAL FINANCE BOARD
PURSUANT TO N.J.S.A. 40A:5A-20

WHEREAS, THE Borough of Wanaque desires to make application to the Local Finance Board for its review and/or approval of a proposed dissolution of the Wanaque Borough Sewerage Authority and the creation of a sewer utility by the Borough of Wanaque, and the assumption of the debt of the Local Authority
WHEREAS, the Borough of Wanaque believes:
(a) It is in the public interest to accomplish such purpose;
(b) said purpose or improvements are for the health, wealth, convenience or betterment of the inhabitants of the local unit or units;
(c) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;
(d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;
NOW THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque as follows:
Section 1. The application to the Local Finance Board is hereby approved, and the Administrator, Chief Financial Officer, Auditor, Engineer, Bond Counsel and financial advisor, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.
Section 2. The Clerk of the Borough is hereby directed to prepare and file a copy of the proposed bond ordinance and a findings of fact with the Local Finance Board as part of such application.
Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

Recorded Vote

AYE NO ABSTAIN ABSENT
Councilman Balunis None None None
Councilwoman Cisco
Councilman O’Connell
Councilman Pasquariello
Councilman Pettet
Councilman Theoharous
The foregoing is a true copy of a resolution adopted by the governing body of the Borough of Wanaque on August 10, 2009.


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

Resolution #143-0-09:
Re: Application to Local Finance Board – Water Loan

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

RESOLUTION OF THE BOROUGH OF WANAQUE
MAKING APPLICATION TO THE LOCAL FINANCE BOARD
PURSUANT TO N.J.S.A. 40A:2-26(e) AND 58:11B-9(a)

WHEREAS, THE Borough of Wanaque desires to make application to the Local Finance Board for its review and/or approval of a proposed nonconforming maturity schedule in connection with a water supply and distribution system project (Ringwood Avenue) to be financed through the New Jersey Environmental Infrastructure Trust financing program.
WHEREAS, the Borough of Wanaque believes:
(a) It is in the public interest to accomplish such purpose;
(b) said purpose or improvements are for the health, wealth, convenience or betterment of the inhabitants of the local unit or units;
(c) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;
(d) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;
NOW THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque as follows:
Section 1. The application to the Local Finance Board is hereby approved, and the Administrator, Chief Financial Officer, Auditor, Engineer, Bond Counsel and financial advisor, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.
Section 2. The Clerk of the Borough is hereby directed to prepare and file a copy of the proposed bond ordinance and nonconforming maturity schedule with the Local Finance Board as part of such application.
Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

Recorded Vote

AYE NO ABSTAIN ABSENT
Councilman Balunis None None None
Councilwoman Cisco
Councilman O’Connell
Councilman Pasquariello
Councilman Pettet
Councilman Theoharous

The foregoing is a true copy of a resolution adopted by the governing body of the Borough of Wanaque on August 10, 2009.
On roll call, all voted yes, and the Mayor declared the motion carried.

Resolution #146-0-09:
Re: Findings of Fact – Dissolution of Wanaque Borough Sewerage Authority

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

WHEREAS, on December 23, 1969 the Borough Council of the Borough of Wanaque established the Wanaque Borough Sewerage Authority (“The Authority”) and on July 13, 2009, introduced Ordinance 15-0-09 to abolish said Authority and assume the operations as a municipal utility; and
WHEREAS, the Borough Council of the Borough of Wanaque is making an application to the Local Finance Board of the State of New Jersey to obtain approval of the dissolution of the Authority; and
WHEREAS, the Borough Council of the Borough of Wanaque wishes to establish a Findings of Fact in support of said application.
NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of Wanaque finds the following:

1. The Wanaque Borough Sewerage Authority was established on December 23, 1969.
2. The current purpose of the Authority is the maintenance of sewer lines, billing and collection of sewer rents, establish connections fees and oversee operation of the sewer collection system.
3. Wastewater treatment is done by the Wanaque Valley Regional Sewerage Commission, to which the Authority is the only customer of the Wanaque Valley Regional Sewerage Authority (comprised of West Milford, Ringwood and Wanaque).
4. The Borough of Wanaque entered into an Interlocal Services Agreement with the Authority on January 1, 1996 to provide billing and collection services. That agreement is still in place.
5. The Borough of Wanaque entered into an Interlocal Services Agreement with the Authority on June 13, 2000 to provide sewer collection maintenance services. This agreement remains in effect.
6. The Borough Council directed the Borough Administrator to review the budget of the Authority to see whether cost savings were possible by eliminating the Authority and creating a Borough Utility. The Administrator provided a report dated July 2, 2009 (attached) that identified a potential savings of $130,800 per year.
7. Through the existing interlocal agreement, the Borough is performing the vast majority of the duties of the Authority. Therefore, there will be a minimal change in operation.
8. The Borough’s existing accounting system can easily handle the budgetary accounts for a new sewer utility. Additional savings may be possible through bulk purchasing and other economics of scale.
9. Through the service agreement with the Authority, the Borough pledges its ad valorem taxes if the Authority’s revenue is deficient. There is no adverse impact by the Borough assuming the debt of the Authority.
10. The proposed Sewer Utility will operate as a self-liquidating utility, and there will not be any impact on taxpayers. There may be a savings to taxpayers through bulk purchasing and economics of scale.
11. All of the facts listed in Bond Ordinance 19-0-09 “Bond Ordinance of the Borough of Wanaque, in the County of Passaic, New Jersey providing the payment and assumption by the Borough of $8,884,137.35 of Bonds of the Wanaque Borough Sewerage Authority” are incorporated into the findings.

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

Resolution #147-0-09:
Re: Appoint Julius Bonini, 20 Dena Drive, Wanaque as a Crossing Guard effective
immediately

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

BE IT RESOLVED that Julius Bonini, 20 Dena Drive, Wanaque, New Jersey 07465 be and he is hereby appointed as a School Crossing Guard at $18.40 per hour effective immediately.

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

Resolution #149-0-09:
Re: Cancel Tax and accrued interest for 3rd Quarter 2009, 4th Quarter 2009, 1st
Quarter 2010 and 2nd Quarter for 2010 for Block 999, Lot 4.01, Block 301,
Lot 1.01 and Block 249, Lot 1

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

WHEREAS, Pulte Communities of NJ Limited Partnership is the owner of

Block 999 Lot 4.01
Block 301 Lot 1.01
Block 249 Lot 1, and

WHEREAS, the Borough of Wanaque has entered into a lease agreement with the same, and
NOW, THEREFORE, BE IT RESOLVED that as part of this lease agreement, the Tax Collector will cancel the tax and accrued interest on these properties for the tax quarters of 2009 3rd quarter, 2009 4th quarter, 2010 1st quarter and 2010 2nd quarter.

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

Resolution #150-0-09:
Re: Authorize Execution of the Discharge and Release Agreement - Bi Coastal
Corporation

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

RESOLUTION AUTHORIZING THE DISCHARGE AND RELEASE
OF LIEN ON PREMISES RECORDED IN DEED BOOK D711
at PAGE 244

WHEREAS, the Borough of Wanaque, was involved in a litigation with Bi Coastal Corporation, in the Superior Court of New Jersey, Law Division, Passaic County under Docket No: L-1521-00 and;
WHEREAS, as a result of said litigation, Bi Coastal Corporation did agree to pay the sum of One Hundred Fifty Thousand $150,000.00 in satisfaction of claims brought by the Borough and;
WHEREAS, in order to secure the same, an Agreement was prepared between the Borough of Wanaque and Bi Coastal Corporation which was filed and recorded in the aforesaid Deed Book and;
WHEREAS, Bi Coastal Corporation has made payment in full of the obligation and therefore discharge and release of the agreement is required;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque, County of Passaic and State of New Jersey as follows:
1. The Borough, is authorized to execute a Discharge and Release Agreement, in the form annexed hereto and the Mayor Daniel Mahler, is authorized to execute the same and the same to be attested to by Katherine J. Falone, the Borough Clerk releasing the Lien created as a result of the termination of the aforesaid litigation.

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

Resolution #144-0-09:
Re: Approve Contract to Purchase of 1237 Ringwood Avenue, Haskell

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

RESOLUTION AUTHORIZING EXECUTION OF CONTRACT TO
PURCHASE PROPERTY

WHEREAS, the Borough did enact ordinance 12-0-09 authorizing the purchase of real property at 1237 Ringwood Avenue, Wanaque, New Jersey and;
WHERAS, a contract has been prepared by the Borough Attorney providing for the same, subject to various terms and conditions, and;
WHEREAS, it is in the best interests of the Borough of Wanaque, to enter into an agreement, to carry out the purposes of the aforesaid Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque, County of Passaic, and State of New Jersey to
1. The Borough of Wanaque is hereby authorized to enter into a contract with Pulte Communities N.J. Limited Partnership to purchase real property located at 1237 Ringwood Avenue, in the Borough of Wanaque, together with improvements thereon in accordance with terms and conditions agreed upon between the Borough and the said Pulte Communities N.J. Limited Partnership.
2. The Mayor is hereby authorized to execute said Contract on behalf of the Borough.
3. The contract shall be contingent upon review and approval, by the Wanaque Borough Attorney, as to all terms and conditions recited therein.

On roll call, all voted yes, except Councilman Balunis who voted no, and the Mayor declared the motion carried subject to the final review of the Attorney and execution of the lease agreement with Social Services.

Resolution #145-0-09:
Re: Approve Lease Agreement for 1237 Ringwood Avenue, Haskell

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

RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT FOR PREMISES AT 1237 RINGWOOD AVENUE, HASKELL

WHEREAS, the Borough of Wanaque, in connection with Ordinance 12-0-09 authorizing the Borough to purchase property at 1237 Ringwood Avenue has been in dialogue with the Passaic County Board of Social Services concerning a Lease arrangement for said premises and;
WHEREAS, the Passaic County Board of Social Services, and the Borough, have tentatively reached an agreement concerning the terms and conditions to be included in such Lease;
NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque, County of Passaic and State of New Jersey as follows:
1. The Borough of Wanaque is hereby authorized to enter into a Lease Agreement between itself, and the Passaic County Board of Social Services, concerning premises at 1237 Ringwood Avenue, in the Borough of Wanaque, which premises have been authorized for acquisitation pursuant to Ordinance 12-0-09 and which said premises are subject to a Contract for Sale.
2. The Mayor of the Borough of Wanaque and appropriate Borough Officials are hereby authorized to enter into a Lease Agreement, deemed appropriate and conditioned upon approval of the Wanaque Borough Attorney.

On roll call, all voted yes, except Councilman Balunis who voted no, and the Mayor declared the motion carried subject to the final review of the Attorney and execution of the lease agreement with Social Services.

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 PREPAID $ 23,033.66

CURRENT 2008 1,057.47

CURRENT 2009 427,216.94

WATER OPERATING PREPAID 504.49

WATER OPERATING 2009 70,477.78

WATER CAPITAL 142,002.00

GENERAL CAPITAL 21,629.75

ESCROW 879.00

PUBLIC ASSISTANCE 15,353.13

RECREATION TRUST 23,033.66

RECYCLING TRUST 12,860.34

ANIMAL TRUST 34.20

UNEMPLOYMENT/DISABILITY 2,962.73

OTHER TRUST _______392.00______


TOTAL VOUCHERS $741,619.15

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: August 10, 2009

___________________________
Daniel Mahler
Mayor

Payrolls:

Councilmen Pettet and Pasquariello moved a resolution approving the following payrolls:
Payroll #15 p/e 7/28/09 $200,175.54_

Payroll Total $200,175.54

GRAND TOTAL $941,794.69

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: August 10, 2009
________________________________
Daniel Mahler
Mayor

ADJOURNMENT:

On entertainment of the Mayor, Councilmen Pettet and Pasquariello moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:10 P.M.

___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk