MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES
Regular Meeting
November 9, 2009

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, November 9, 2009, at 8:00 P.M. in the Wanaque Municipal Building.

The Mayor called the meeting to order.

On roll call, the following Council Members responded: Balunis, Cisco, O’Connell, Pasquariello, Pettet 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 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, 2009, and a notice thereof has been posted on January 2, 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 October 5, 2009.

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

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

ORDINANCES:

Public Hearing of Ord. #16-0-09:
Re: An Ordinance to Dissolve the Wanaque Valley Regional Sewerage Authority

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion to table Ordinance #16-0-09 to the December meeting.

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

Public Hearing of Ord. #20-0-09:
Re: Amend Chapter 91 – Sewers to Establish a Sewer Utility

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion that Ordinance #20-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final 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 91, “SEWERS” TO CREATE A SEWER UTILITY.

This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.

The Mayor opened the Public Hearing.

Dave DaSilva, 108 Monroe Street, Haskell said are there additional costs with getting rid of the authority.
The Borough Administrator said the preparation of the Debt Statements.

The Mayor closed the Public Hearing.

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 91, “SEWERS” TO CREATE A SEWER UTILITY pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

Public Hearing of Ord. #21-0-09:
Re: Amend Chapter 108 – Vehicles and Traffic to amend Section 108-14 – No
Parking portion of Tremont Terrace

On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion that Ordinance #21-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final 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 14, SECTION I, NO PARKING.

This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.

The Mayor opened the Public Hearing.

Joann Murphy, 88 Tremont Terrace, Wanaque said what is the background of the complaint from Tremont Terrace to Molinari Drive. Was it a resident who make the complaint and what was the issue.
The Mayor said it is a safety issue and was referred to the police department for their recommendation.
Joanne Murphy said it affects us and there are vans and buses go through. Large vehicles come through and it is not a problem for the neighbors it is a safety issue and if you enforce it here you have to enforce it everywhere.
The Mayor said we spoke to the neighbors and none objected.
Captain Fackina said we sent traffic officers up there the two way traffic wasn’t enough to get by on the “s” turn.
Councilwoman Cisco said it is the same by DeBow Avenue onto Fredericks Street with the “s” turn.
Captain Fackina said there is no parking on one side and the alternate parking for the snow ordinance is a conflict.
Rona Weissman, 7 Molinari Drive, Wanaque said we’re concerned about an issue with the fire department getting through.

The Mayor closed the Public Hearing.

Councilmen Pasquariello and Balunis 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 14, SECTION I, NO PARKING pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

Public Hearing of Ord. #22-0-09:
Re: Amend Chapter 108 – Vehicles and Traffic to amend Section Bus Stops

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #22-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final 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 23, SCHEDULE X, BUS STOPS.

This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.

The Mayor opened the Public Hearing.
No one came forward.
The Mayor closed the Public Hearing.

Councilmen Pasquariello and Theoharous 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 23, SCHEDULE X, BUS STOPS
pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

Introduction of Ord. #23-0-09:
Re: Redevelopment Area – Union Court

On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco moved that Ordinance #23-0-09 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 § 114-14.14 OF THE BOROUGH OF WANAQUE CODE PERTAINING TO THE RD-1 ZONE AND AMENDING THE 1998 REDEVELOPMENT PLAN FOR THOSE PROPERTIES LOCATED IN BLOCK 477, AS DEPICTED ON THE BOROUGH TAX MAP, SAID PROPERTIES BEING INCLUDED IN SAID PLAN AND BEING LOCATED ALONG, OR IN THE IMMEDIATE VICINITY OF, UNION AVENUE IN THE BOROUGH OF WANAQUE. FURTHER, DESIGNATING THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE AS THE REDEVELOPMENT ENTITY FOR THE SERVICE BUSINESS DISTRICT-2 (A REDEVELOPMENT AREA) AND CREATING THE SBD-2 ZONE. CHAPTER 114 OF THE CODE OF THE BOROUGH OF WANAQUE ENTITLED ‘ZONING AND LAND USE’ IS HEREBY AMENDED TO INCLUDE THE SBD-2 ZONE.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE
AMENDING § 114-14.14 OF THE BOROUGH OF WANAQUE CODE PERTAINING TO THE RD-1 ZONE AND AMENDING THE 1998 REDEVELOPMENT PLAN FOR THOSE PROPERTIES LOCATED IN BLOCK 477, AS DEPICTED ON THE BOROUGH TAX MAP, SAID PROPERTIES BEING INCLUDED IN SAID PLAN AND BEING LOCATED ALONG, OR IN THE IMMEDIATE VICINITY OF, UNION AVENUE IN THE BOROUGH OF WANAQUE. FURTHER, DESIGNATING THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE AS THE REDEVELOPMENT ENTITY FOR THE SERVICE BUSINESS DISTRICT-2 (A REDEVELOPMENT AREA) AND CREATING THE SBD-2 ZONE. CHAPTER 114 OF THE CODE OF THE BOROUGH OF WANAQUE ENTITLED ‘ZONING AND LAND USE’ IS HEREBY AMENDED TO INCLUDE THE SBD-2 ZONE
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 December 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. #24-0-09:
Re: 2010 Salary Ordinance (Police Only)

On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco moved that Ordinance #24-0-09 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 TO AMEND THE SALARY ORDINANCE FOR THE YEAR 2010.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE SALARY ORDINANCE FOR THE YEAR 2010 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 December 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. #25-0-09:
Re: Bond Ordinance – Reconstruction of Melrose Avenue and Furnace Avenue

On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco moved that Ordinance #25-0-09 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 PROVIDING FOR THE IMPROVEMENT OF MELROSE AVENUE AND FURNACE AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $325,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $108,750 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION

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

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF MELROSE AVENUE AND FURNACE AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $325,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $108,750 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH 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 December 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. #26-0-09:
Re: Bond Ordinance – Water Improvements - Melrose Avenue and Furnace Avenue

On entertainment of the Mayor, Councilmen Theoharous and Pasquariello moved that Ordinance #26-0-09 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 PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (MELROSE AVENUE AND FURNACE AVENUE) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $120,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $120,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

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

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (MELROSE AVENUE AND FURNACE AVENUE) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $120,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $120,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH 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 December 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. #27-0-09:
Re: Amend Chapter 91 – Sewers to establish Rates and Rules and Regulations

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that Ordinance #26-0-09 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 TO AMEND THE CODE OF THE BOROUGH
OF WANAQUE, CHAPTER 91, “SEWERS”, TO ESTABLISH
REGULATIONS FOR THE SEWER UTILITY AND RATES, AND
AUTHORIZING PUBLICATION BY REFERENCE.

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 91, “SEWERS”, TO ESTABLISH REGULATIONS FOR THE SEWER UTILITY AND RATES, AND AUTHORIZING PUBLICATION BY REFERENCE 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 December 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: (Work Meeting)

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

Christine Meakem, 215 Meadowbrook Avenue, Wanaque said has the lease been signed for the Pulte building.
The Borough Administrator said it is to be signed tomorrow and Social Services is to agree to it.
Christine Meakem said I received the cost analysis but I am disappointed in the report. The cost is three hundred thousand dollars for Rainbow Valley Lake for ten years which is thirty thousand dollars a year for the taxpayers to cover extra expenses for real estate. The school revenues is fourteen thousand dollars off the tax rolls. The purchase of real estate is nine thousand dollars and can’t meet the four percent waivers. We can’t be in the real estate business. The Bonds supposedly can’t be paid off early but the information given is you can pay the bonds early per the bond examination schedule. The bonds that are outstanding you should tie them into the schedule. The capital surplus information that was requested I did not receive it yet in the email for asset, revenue and general ledger money.
The Borough Administrator said that shows on the annual financial statement. The balance sheet per say.
Christine Meakem said can I get a copy of the annual financial statement, capital surplus information and aminazation schedule.
The Borough Administrator said yes.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque said there may be an April referendum for the school does that come before the Mayor and Council and the swine flu vaccine is there an information update.
The Borough Administrator said no that’s the school board. There are clinics when we receive the vaccine and the groups next in line will receive them.
Grace Maiello said three out of my four grandchildren have the flu and one has pneumonia.

Dave DaSilva, 108 Monroe Street, Haskell said what is the status regarding the Brown and Chemical notification letter.
The Borough Administrator said notification was sent out and there is no contamination on Second Avenue.
Dave DaSilva said it says that the property is of seven acres can you request the information for us.
The Borough Administrator said yes.
Dave DaSilva said what is the status of the flooding by Arrow Group Industries.
The Borough Administrator said we met with them. There is a grant available and we need to do a request for proposal and then it will go out soon.
Dave DaSilva said they did put leaders on and it has helped. What is the Valley View project status.
The Borough Administrator said we were informed it is going to foreclosure and we will get in touch with the bank.
Dave DaSilva said the road is a mess and the site also and the sign is still blowing around.
The Borough Administrator said the bank is foreclosing and the maintenance oneous is on them. Hopefully the site plan area will have a developer attracted to it.
The Mayor said the bank is to foreclose on it and get a developer in but it could be a year or two before something happens.
The Borough Attorney said the bankruptcy would escalate the plans possibly.
The Borough Administrator said we’ll do some research.
Dave DaSilva said what is the status of US Aluminum.
The Borough Administrator said we’re still waiting to hear from the DEP and monitoring what’s going on and coming up with remediating some sites.
The Borough Attorney said there was a letter from April 29th and the DEP is in the process of going forward.
Dave DaSilva said what is the remediation on the property.
The Borough Administrator said we have copies and Sorgi has it also. The contamination level is not significant and they brought in a consultant.
Dave DaSilva said what is the requirement to let people within two hundred feet know what is going on.
The Borough Administrator said that have to notifty them.
Dave DaSilva said what is the status of the Rhinesmith property.
The Borough Administrator said there is nothing yet.
Dave DaSilva said did the grass get cut.
The Borough Administrator said yes.
Dave DaSilva said what is the status of 815 Ringwood Avenue.
The Borough Attorney said we received a letter from the State Division of Alcoholic Beverage Control and there is no license there.
Dave DaSilva said what are the amounts on Bond Ordinances.
The Borough Administrator said sixty five thousand one hundred dollars and two cents for capital surplus.
Dave DaSilva said how much of the pilot money gets applied back to the town.
The Borough Administrator said there is a service charge amount that gets billed the fourth quarter minus the land payments.
Dave DaSilva said is that number reflected in the budget, paying land tax for the undeveloped land.
The Borough Administrator said the taxes are being received from those properties.
Dave DaSilva said how long is the agreement for.
The Borough Administrator said beginning October 2010 for fifteen years.
Dave DaSilva said the tax appraisal for the property off hand. Regarding the Board of Adjustment and Planning Board if there is no meeting there is no payment to them.
The Borough Administrator said correct.

Sandy Lawson, 28 Haskell Avenue, Haskell said where the Valley View project is something should be put there. There were units of housing that have been planned since it began and there was blasting and the property started development. The Ordinances there are give waivers and we should have a good developer come in.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Four (4) Applications for Raffle Licenses:
Re: 1) Wanaque School PTA – RA:724 and RA:725, 2) Lakeland Lancer Diamond
Club – RA:726 and 3) Saint Francis Home Association – RA:727

Application for Tow Truck License:
Re: Roberto’s Auto Body, 14 Haskell Avenue, Haskell

Payment to County of Passaic:
Re: 4th 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 4th Quarter Year 2009 in the amount of $34,515.85

Payment to County of Passaic:
Re: Added Assessment Taxes and Open Space Taxes in the amount of $18,474.56

Resolution #169-0-09:
Re: Payment to Applied Landscape Technologies for final payment and retainage in the amount of $31,832.81

BE IT RESOLVED that the final payment and retainage be paid to Applied Landscape Technologies, 145 River Road, Montville, New Jersey in the amount of $31,832.81, providing all punch list items are completed.

Resolution #170-0-09:
Re: Redemption of Tax Sale Certificate #08-00190 for Block 236, Lot 11 to Dennis Moeller for $1,712.18

WHEREAS, a Tax Sale was held for 2008 delinquent Municipal charges on September 30, 2009, and
WHEREAS, Dennis Moeller was the successful bidder for Block 236 Lot 11 for which Tax Sale Certificate #08-00187 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 $1,712.18 as per the certification of the Tax Collector.

Resolution #171-0-09:
Re: Refund of overpayment of 2009 4th Quarter Tax for Veteran deduction for Block
406, Lot 19 in the amount of $250.00

WHEREAS, there exists a tax overpayment on the property listed herein for the fourth quarter of 2009 due to a Veterans Deduction:

BLOCK LOT AMOUNT
406 19 $250.00

WHEREAS, the owner has requested a refund of said overpayment;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $250.00 as per the certification of the Tax Collector.

Resolution #172-0-09:
Re: Redemption of Tax Sale Certificate #08-00190 for Block 272, Lot 7 to R. Rothman in the amount of $8,422.16

WHEREAS, a Tax Sale was held for 2008 delinquent Municipal charges on September 30, 2009, and
WHEREAS, R. Rothman was the successful bidder for Block 272 Lot 7 for which Tax Sale Certificate #08-00190 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 $8,422.16 as per the certification of the Tax Collector.

Resolution #173-0-09:
Re: Appointment of Part-Time Telecommunications Operator Jay Hardy, 140 Long Pond Road, Hewitt effective immediately

BE IT RESOLVED that Jay Hardy, 140 Long Pond Road, Hewitt be and he is hereby appointed as a Part Time Public Safety Telecommunicator effective immediately at minimum wage during training and $17.82 per hour after training is complete.

Resolution #174-0-09:
Re: Appointment of Part-Time Telecommunications Operator Luke Krol, 9 Ferndale Place, Pompton Plains effective immediately

BE IT RESOLVED that Luke Krol, 9 Ferndale Place, Pompton Plains be and he is hereby appointed as a Part Time Public Safety Telecommunicator effective immediately at minimum wage during training and $17.82 per hour after training is complete.

Resolution #175-0-09:
Re: Final Payment – Mike Fitzpatrick and Son – Booster Station Rebuild – Payment #5 - $30,279.06 and Payment #6 - $14,490.30

Resolution #176-0-09:
Re: Approve Civil Service Titles of Public Works Repairer for Robert Leto, James Spratt and Charles Gritmon (no change in salary)

BE IT RESOLVED that in accordance with the New Jersey Civil Service Commission Certification of Eligibles for Appointment #PL091486 that Robert Leto, James Spratt and Charles Gritmon be and are hereby appointed as Public Works Repairers, effective November 9, 2009 with no change in salary.

Resolution #177-0-09:
Re: Current Estimate No. 1 and Final and Change Order No. 1 – A.J.M. Contractors, Inc. – 2009 Road Program in the amount of $76,875.53

BE IT RESOLVED that payment be made to A.J.M. Contractors, Inc. for the 2009 Road Program approving Current Estimate No. 1 and Final and Change Order No. 1 in the amount of $76,875.53 in accordance with the Borough Engineers letter dated November 2, 2009.

Resolution #178-0-09:
Re: Budgetary Transfers

Be It Resolved By the Mayor & Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2009 Local Municipal Budget be approved;
Be It Further Resolved That the proper Borough Officers are hereby directed to enter the said transfers on the financial records of the Borough:

FROM TO

9-CU-01-099-127 $16,000.00 9-CU-01-124-264 $16,000.00
Police S&W Police O.E.

9-CU-01-117-282 $ 1,000.00 9-CU-01-105-212 $ 1,000.00
Public Bldg O.E. Data Processing

9-CU-01-117-282 $ 5,000.00 9-CU-01-111-276 $ 5,000.00
Public Bldg O.E. Legal

9-CU-01-099-142 $ 6,500.00 9-CU-01-122-398 $ 6,500.00
CCO S&W Unemployment Ins.

9-CU-01-099-142 $ 2,400.00 9-CU-01-099-145 $ 2,400.00
CCO S&W Plumbing S&W

9-CU-01-099-107 $10,000.00 9-CU-01-099-134 $10,000.00
Tax Assessor S&W Bd of Health S&W

9-CU-01-104-221 $ 1,000.00 9-CU-01-138-328 $ 1,000.00
Munic Clerk O.E. Golden Age Club

9-CU-01-104-221 $ 2,500.00 9-CU-01-101-299 $ 2,500.00
Munic Clerk O.E. Admin O.E.

9-CU-01-117-299 $2,500.00 9-CU-01-203-244 $ 2,500.00
Public Bldg. O.E. Sewer Fees

2010 Re-Organization Meeting Date
January 4, 2010 at 7:00 P.M.

Two (2) Applications to Amend Raffle Licenses – West Milford Midget Football
Association – RL:710 and RL:711

Resolution #179-0-09:
Re: Authorize a Two Year Contract with Metropolitan Life for Dental Contract

BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute an agreement with the Metropolitan Life Insurance Company for the period of January 1, 2010 – December 31, 2011 at the following monthly rates:
Single $ 40.57
Parent & Child $ 84.54
Husband & Wife $ 82.11
Family $143.21

Resolution #180-0-09:
Re: Refund of Tax overpayment for 2009 4th Quarter in the amount of $7,228.04 for Block 448, Lot 16.01 as a result of a County Tax Judgment

WHEREAS, there exist a tax overpayment on the property listed herein for the fourth quarter of 2009 as a result of a County Tax Court Judgment:

BLOCK LOT AMOUNT
448 16.01 $7,228.04

WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $7,228.04 as per the certification of the Tax Collector.

Resolution #181-0-09:
Re: Refund of Tax overpayment for 2009 4th Quarter in the amount of $2,977.04 for Block 313.03, Lot 1.11

WHEREAS, there exist a tax overpayment on the property listed herein for the fourth quarter of 2009:

BLOCK LOT AMOUNT
313.03 1.11 $2,977.04

WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $2,977.04 as per the certification of the Tax Collector.

Resolution #182-0-09:
Re: Effectuate the redemption of Tax Title Lien #08-00194 for Block 432, Lot 36 Which was acquired by Wanaque Borough at the Tax Sale held on September 30, 2009

WHEREAS, the Borough of Wanaque is the holder of Tax Sale Certificate #08-00194 for Block 432 Lot 36, acquired at a tax sale held September 30, 2009, and
WHEREAS, the property owner has requested to redeem said certificate for which funds have been deposited into the Current Account.
NOW, THEREFORE, BE IT RESOLVED that the Mayor & Council members do hereby authorize the redemption of said tax sale certificate.
BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized and empowered, to make, execute and deliver any and all documents, which may be necessary or desired to effectuate the redemption.

Resolution #183-0-09:
Re: Redemption of Tax Sale Certificate #08-00182 for Block 254, Lot 8 to US Bank
Cust/Sass Muni V dtr in the amount of $20,087.73

WHEREAS, a Tax Sale was held for 2008 delinquent Municipal charges on September 30, 2009, and
WHEREAS, US Bank-Cust/Sass Muni V dtr was the successful bidder for Block 254 Lot 8 for which Tax Sale Certificate #08-00182 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 $20,087.73 as per the certification of the Tax Collector.

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell 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 October 2009 NONE.

4. Municipal Court Report for October 2009

5. Welfare Report for October 2009 - NONE.

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous 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:

Engineer:

Attorney:

COMMUNICATIONS:

Letter from John DiMeglio:
Re: Resignation from the Planning Board effective December 1, 2009

On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco move a motion to accept the letter of resignation.

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

NEW BUSINESS:

Closed Session:
Re: Litigation / Negotiation / Personnel

Held prior to the meeting.

UNFINISHED BUSINESS: None.

RESOLUTIONS:

Resolution #184-0-09:
Re: Extension of Employment Agreement – John Reno, Chief of Police

On entertainment of the Mayor, Councilmen Theoharous and O’Connell moved that,
BE IT RESOLVED that the employment agreement between the Borough of Wanaque and John W. Reno, Chief of Police, for the period of January 1, 2008 through December 31, 2009 be and is hereby extended for a period of five (5) years, terminating on December 31, 2014.

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

Resolution #185-0-09:
Re: Highlands Conformance Plan

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

SUBMISSION OF PETITION FOR PLAN CONFORMANCE TO THE HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL FOR LAND IN THE PRESERVATION AREA AND IN THE PLANNING AREA

WHEREAS, the Highlands Water Protection and Planning Act (Highland Act), N.J.S.A. 13:20-1 et seq., finds and declares that protection of the New Jersey Highlands is an issue of State level importance because of its vital link to the future of the State’s drinking water supplies and other significant natural resources; and
WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the Highlands Water Protection and Planning Council (Highlands Council) to prepare and adopt a Regional Master Plan for the Highlands Region; and
WHEREAS, the Highlands Act requires that within nine to 15 months after the effective date of the Regional Master Plan, or September 8, 2008, each municipality located wholly or partially in the Preservation Area shall submit revisions to the municipal master plan, development regulations and other regulations, as applicable to the development and use of land in the Preservation Area, as may be necessary to conform them with the goals, requirements and provisions of the Regional Master Plan (Plan Conformance); and
WHEREAS, Section 13:20-15.a, of the Highlands Act states that for the portion of a municipality lying within the Planning Area, the municipality may, by ordinance, petition the Highlands Council of its intention to revise its master plan, development regulations and other regulations, as applicable to the development and use of land in the Planning Area, to conform them with the goals, requirements and provisions of the Regional Master Plan, and:
WHEREAS, Borough of Wanaque is located in the Highlands Region with lands lying within the both the Preservation Area and Planning Area, as defined by section 7 of the Highlands Act; and
WHEREAS, the Highlands Council prepared and distributed to the Highlands municipalities Plan Conformance Guidelines outlining the process and procedures for petitioning the Highlands Council for Plan Conformance; and
WHEREAS, the Highlands Council’s Plan Conformance Guidelines require that a Petition for Plan Conformance be filed with the Highlands Council no later than December 8, 2009 for Preservation Area lands, which includes a comprehensive package of draft planning and implementation documents that meet the requirements of the Highlands Act, the Regional Master Plan and the Highlands Plan Conformance Guidelines; and
WHEREAS, in accordance with the Highlands Act and Plan Conformance Guidelines, the Highlands Council shall consider a Petition for Plan Conformance, and accept, reject or accept with conditions, a Petition for Plan Conformance, as it deems appropriate, to conform them to the Regional Master Plan; and
WHEREAS, since Plan Conformance by the municipality is strictly voluntary for lands in the Planning Area, Borough of Wanaque may at any time voluntarily revise its master plan, development regulations and other regulations, as applicable to the development and use of land in the Planning Area, to conform them with the Regional Master Plan; and
WHEREAS, at any time during the Plan Conformance process, Borough of Wanaque may choose not to obtain conformance with the Regional Master Plan for the lands lying within the Planning Area, and any approvals, rejections or approvals with conditions of the revised municipal master plan and development regulations recommended by the Highlands Council during the Plan Conformance process will not be binding on Borough of Wanaque as they relate to the development and use of land in the Planning Area; and
WHEREAS, should Borough of Wanaque choose to conform its master plan, development regulations and other regulations, as applicable to the development and use of land in the Planning Area, with the Regional Master Plan and Plan Conformance Guidelines, in accordance with a decision of the Highlands Council, Borough of Wanaque is required under the Highlands Act to enact an ordinance setting forth such intention; and
WHEREAS, upon application of Borough of Wanaque into the Plan Conformance Grant Program, the Highlands Council has made, or will make, grant funding and other financial and technical assistance available to Borough of Wanaque for the reasonable costs associated with the revisions of the master plan, development regulations or other regulations, as applicable to the development and use of land in the Preservation Area and the Planning Area, which are designed to bring those plans and regulations into conformance with the Regional Master Plan; and
WHEREAS, the Highlands Council shall make grant funds available for all mandatory aspects of Plan Conformance in accordance with the Plan Conformance Grant Program, and shall also make available grant funds for the discretionary aspects of Plan Conformance as determined by the Highlands Council; and
WHEREAS, should Borough of Wanaque formally withdraw from the Plan Conformance process with regard to the Planning Area, grant funding awarded to Borough of Wanaque up to the date of withdrawal that has been appropriately utilized in accordance with the Plan Conformance Grant Program and applicable grant agreement shall not be reimbursable to the Highlands Council.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Wanaque hereby submits this Petition for Plan Conformance to the Highlands Council, as it relates to the development and use of land for the entire municipality, in accordance with the Highlands Act, the Regional Master Plan, and the Highlands Plan Conformance Guidelines; and
BE IT FURTHER RESOLVED, should Borough of Wanaque choose to conform its master plan, development regulations, and other regulations, as they relate to the development and use of land in the Planning Area, with the Highlands Regional Master Plan in accordance with the Highlands Council’s decision regarding a Petition for Plan Conformance, Borough of Wanaque shall enact an ordinance setting forth such intention, as required by the Highlands Act.

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

Resolution #186-0-09:
Re: Award Bid – Garbage Disposal (Tentative)

Held.

Resolution #187-0-09:
Re: Green Acres Enabling Resolution – Memorial Field Lights

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

WHEREAS, the New Jersey Department of Environmental Protection Green Acres Program, provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and
WHEREAS, the Borough of Wanaque desires to further the public interest by obtaining a loan of $275,000 from the State to fund the following projects:
Replacement of lights at Memorial Field
NOW, THEREFORE, the governing body resolves that Daniel Mahler or the successor to the office of Mayor is hereby authorized to:
a) Make application for such a loan and/or such grant
b) Provide additional application information and furnish such documents as may be required.
c) Act as the authorized correspondent of the above named applicant, and
WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and
WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque:
1. That the Mayor of the above named body is hereby authorized to execute an agreement and any amendment thereto with the State know as Replacement of lights at Memorial Field, and;
2. That the applicant has its matching share of the project, if a match is required, in the amount of $ N/A.
3. That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project, and;
4. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project.
5. That this resolution shall take effect immediately.

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

Resolution #188-0-09:
Re: Capital Budget Amendment

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

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 PREPAID $ 19,926.22

CURRENT 2009 1,158,650.51

WATER OPERATING PREPAID 471.90

WATER OPERATING 2009 88,445.69

GENERAL CAPITAL 182,105.63

ANIMAL TRUST 78.13

ESCROW 2,889.80

PUBLIC ASSISTANCE 16,692.20

UNEMPLOYMENT/DISABILITY 233.03

RECYCLING TRUST 5,616.68

RECREATION TRUST 1,865.00

WATER CAPITAL 20,000.00

OTHER TRUST 223,994.26

ASSESSMENT TRUST 30,852.68

OPEN SPACE TRUST 228,750.00

PUBLIC ASSISTANCE I & II 427.65

FLEX SPENDING 250.00

TOTAL VOUCHERS $1,975,412.70

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: November 9, 2009


___________________________
Daniel Mahler
Mayor


Payrolls:

Councilmen Pettet and O’Connell moved a resolution approving the following payrolls:
Payroll #20 p/e 10/06/09 $200,003.91
Payroll #21 p/e 10/20/09 $200,900.59

Payroll #22 p/e 11/03/09 $189,993.52
Payroll Total $590,898.02

GRAND TOTAL $2,566,310.72

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: November 9, 2009


________________________________
Daniel Mahler
Mayor


NEW BUSINESS:

Closed Session:
Re: Negotiations / Personnel / Litigation

Held prior to the meeting.

ADJOURNMENT:

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