MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES

Regular Meeting
May 11, 2009

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, May 11, 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, Pasquariello, Pettet and Theoharous. Councilman O’Connell was absent. The Mayor declared a quorum. The Borough Attorney was present. The Borough Engineer was absent.

The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 2, 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.

PRESENTATION: Honorable Service Award – Patrolman Brian Bellifemine

The Mayor presented a plaque to Patrolman Brian Bellifemine for an Honorable Service Award.

MINUTES:

Regular Meeting of April 20, 2009.

Held.

Resolution #100-0-09:
Re: Wanaque Board of Education Budget

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

RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC DETERMINING AND CERTIFYING AMOUNTS TO BE RAISED FOR WANAQUE BOROUGH SCHOOL TAXES FOR THE 2009-2010 SCHOOL YEAR.

WHEREAS, in the 2009-2010 General Fund School Budget for the Wanaque Borough School District was presented to the voters of the Borough of Wanaque and on Tuesday, April 21,2009 and said budget was rejected by a majority of the voters; and

WHEREAS, the Borough Council, of the Borough of Wanaque, pursuant to N.J.S.A. 18A:22-37, after consultation with the Board of Education of the Wanaque Borough School District has determined the amounts which in the judgment of the Mayor and Council are necessary to be appropriated for each item appearing in such Budget to provide a thorough and efficient system of school in the district;

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque that it hereby certifies to the Passaic County Board of Taxation the total of the amounts so determined to be necessary to be raised by taxes for the 2009-2010 school year for the Wanaque Borough School District, and said amounts to be raised are considered by the Borough to be sufficient to provide for a thorough and efficient education system are as follows:

General Fund: Total

a. Original Tax Levy on Ballot $11,318,080.00

b. Debt Service $ 344,276.00

c. Amount of Reduction $ 20,000.00

d. Amount of tax levy being certified

by the Mayor and Council of the

Borough of Wanaque $11,642,356.00

BE IT FURTHER RESOLVED that the underlying determinations and supporting reasons of the Borough Council for its reduction in the Wanaque Borough School District Budget for 2009-2010 and the decrease in the tax levy is in the following line item:

$20,000.00 11-000-291-270

BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded immediately to:

a. The Wanaque BoroughSchool District

b. The Passaic County Board of Taxation

c. The Passaic County Superintendent of Schools (2 copies)

THIS IS TO CERTIFY that the above Resolution was duly adopted at a Regular Meeting of the Borough Council of the Borough of Wanaque conducted May 11, 2009.

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

ORDINANCES:

Public Hearing of Ord. #6-0-09:

Re: An Ordinance to exceed the Municipal Budget Appropriation Limits and to

Establish a CAP Bank

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #6-0-09 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 EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)

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.

Councilwoman Cisco asked what is the cushion on the budget.

The Borough Administrator said the CAP only lasts two years.

Dave DaSilva, 108 Monroe Street, Haskell said what are the two numbers in the Ordinance.

The Borough Administrator said the total CAP increase $300,000.00.

Dave DaSilva said is the percentage based on last years and run every year. The last paragraph seems the budget has to be adopted.

The Borough Administrator said the adopted budget numbers won’t change.

Dave DaSilva said the expenses work into the CAP calculation.

The Borough Administrator said the grants do not fall into the CAP that’s excluded from the CAP and is guided by the State what goes in and not.

Dave DaSilva said how does that effect the CAP.

The Borough Administrator explained the CAP calculation.

The Mayor closed the Public Hearing.

Councilmen Pasquariello and Pettet moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO EXCEED

THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) 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. #7-0-09:

Re: Capital Appropriation Ordinance First Street and Second Street Department

Of Transportation Grant ($211,000)

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #7-0-09 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 APPROPRIATING $211,000 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE RECONSTRUCTION OF FIRST STREET AND SECOND STREET IN THE BOROUGH OF WANAQUE.

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

APPROPRIATING $211,000 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE RECONSTRUCTION OF FIRST STREET AND SECOND STREET IN THE BOROUGH OF WANAQUE 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. #8-0-09:

Re: Capital Appropriation Ordinance Laura Avenue Phase II Department of

Transportation Grant ($257,000)

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #8-0-09 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 APPROPRIATING $257,000 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE RECONSTRUCTION OF LAURA AVENUE PHASE II IN THE BOROUGH OF WANAQUE.

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 APPROPRIATING $257,000 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE

RECONSTRUCTION OF LAURA AVENUE PHASE II IN THE BOROUGH OF WANAQUE 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. #9-0-09:

Re: Appropriate $90,000 from the Water Capital Improvement Fund for Laura

Avenue Phase II

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion that Ordinance #9-0-09 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 APPROPRIATING $90,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR LAURA AVENUE PHASE II.

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 Pettet moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $90,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR LAURA AVENUE PHASE II 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.

Resolution #85-0-09:

Re: Cancel $530,000 from General Capital to Capital Surplus

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

WHEREAS, the following General Capital appropriation balances remain unexpended:

Ordinance #21-0-06 Rainbow Valley Lake

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balance may be credited to Capital Surplus;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Wanaque, that the above listed unexpended balance of $530,000.00 be canceled to Capital Surplus.

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

Introduction of Ord. #10-0-09:

Re: Appropriating $205,000 from Capital Surplus for Various Road Projects

On entertainment of the Mayor, Councilman Pasquariello and Pettet moved that Ordinance #10-0-09 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 APPROPRIATING $205,000.00 FROM CAPITAL SURPLUS FOR THE 2009 ROAD PROJECTS.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $205,000.00 FROM CAPITAL SURPLUS FOR THE 2009 ROAD PROJECTS 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 8th day of June 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.

Resolution #86-0-09:

Re: Cancel $32,009.94 to Water Capital Surplus

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

WHEREAS, the following Water Capital appropriation balances remain unexpended:

Ordinance: 4-0-05 $ 20,992.00

16-0-05 $ 5,108.74

25-0-05 $ 3,175.52

6-0-07 $ 1,733.00

16-0-01 $ 993.72

5-0-04 $ 6.96

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balance may be credited to Capital Surplus;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Wanaque, that the above listed unexpended balance of $32,009.94 be canceled to Water Capital Surplus.

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

Introduction of Ord. #11-0-09:

Re: Appropriate $32,009.94 from Water Capital Surplus for Haskell Tank Renovation

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #11-0-09 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 APPROPRIATING $32,009.94 FROM WATER CAPITAL SURPLUS FOR THE HASKELL TANK REHABILITATION.

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

BE IT RESOLVED that an Ordinance entitled: AN

ORDINANCE APPROPRIATING $32,009.94 FROM WATER CAPITAL SURPLUS FOR THE HASKELL TANK REHABILITATION 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 8th day of June 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. #12-0-09:

Re: Ordinance authorizing the purchase of real property at 1237 Ringwood Avenue

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that Ordinance #12-0-09 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 ACQUIRE REAL PROPERTY LOCATED AT BLOCK 448, LOTS 16.01 AND 16.02, 1237 RINGWOOD AVENUE AND PROVIDING FOR THE PAYMENT THEREOF.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO ACQUIRE REAL PROPERTY LOCATED AT BLOCK 448, LOTS 16.01 AND 16.02, 1237 RINGWOOD AVENUE AND PROVIDING FOR THE PAYMENT THEREOF 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 8th day of June 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.

Dave DaSilva, 1008 Monroe Street, Haskell said regarding the Resolution and how much money is it.

The Borough Administrator said a couple of hundred thousand dollars.

Dave DaSilva said how much surplus is there.

The Borough Administrator said seven hundred thirty five thousand dollars.

Dave DaSilva said where does it appear in the budget.

The Borough Administrator said in the line item.

Dave DaSilva said the auditor was requested to be here.

The Borough Administrator said the auditor will be here at the June Meeting.

The Mayor said asked the Council for a meeting.

Councilwoman Cisco said there was to be a public meeting for the auditor to be present and the meeting with the Council to still take place.

Dave DaSilva said the public should be able to bring ideas to the Council.

The Mayor said the auditor will be here.

Dave DaSilva said the age restriction for Valley View restores the decision making and the change should go back to the board. How much is the deferring payment and levies.

The Borough Administrator said three hundred thirteen thousand dollars.

Dave DaSilva said when will they start paying it back.

The Borough Administrator said in 2011.

Dave DaSilva said what percent is it.

The Borough Administrator said eight percent. About six tax points for the average homeowner. Thirteen dollars for a total of eighty dollars. The waiver for the levy, did not roll it over and had to take the pension deferral for six hundred fifty thousand dollars for the levy waiver.

Dave DaSilva said what is the cost in three or four years.

The Borough Administrator said it’s not figured out yet. Short term gains instead of fiscal stabilities.

Dave DaSilva said the Board of Education budget cuts did that get figured out yet the amount.

The Borough Administrator said for Wanaque it is about six dollars.

Dave DaSilva said regarding the Ethics committee did they reorganize and will they have an annual meeting.

The Borough Administrator said yes they are having a meeting on May 26th.

Dave DaSilva said what is the status of the Second Avenue flooding.

The Mayor said the application is in for a grant.

The Borough Administrator said we supplied information and we should have an answer by September.

Dave DaSilva said regarding the resolution for the EMT training fund it doesn’t come from the tax dollars and may not have eligibility for the town EMT’s.

John Maiello, 26 Rhinesmith Avenue, Wanaque said for the surplus for the budget is there a CAP on it.

The Borough Administrator said there is no surplus on the CAP.

John Maiello said the deferred payment can that be paid back at once.

The Borough Administrator said that is paid back over twenty years.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Three (3) Applications for Raffle Licenses:

Re: Saint Francis Church – RA:707, RA:708 and RA709

Resolution #84-0-09:

Re: Cancel Tax Title Liens on properties where Taxes are not Collectible – Block

477 - Lot 4.01, Block 464 – Lot 42, Block 470 – Lot 3, Block 435, Lot 5.01

WHEREAS, there exist several tax title liens held by the Borough of Wanaque that have been inactive for several years as outlined below,

Block 477 Lot 4.01, Certificate 591 originally assessed to Curcio, Carmine & DiMaiolo, Pasquale & Cucchesi, Joseph. Certificate sold for $6,021.67 for 1992 tax. This property was taken by the Commissioner of Transportation, New Jersey for the construction of Route 287 and has been exempt.

Block 464 Lot 42, Certificate 668 assessed to the State of New Jersey D.O.T. Certificate sold for $153.43 for 1996 tax. The property is still held by the State of New Jersey D.O.T. and is exempt property.

Block 470 Lot 3, Certificate 329 assessed to Frances G. Fleck who has abandoned this property. Certificate sold for $61.21 for 1962 tax.

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector is released from the collection of these liens and the liens are to be cancelled as per N.J.S.A. 54:4-91.1 and N.J.S.A. 54:4-91.2.

Payment to County of Passaic:

Re: 2nd Quarter Taxes for the Year 2009 in the amount of $1,763,262.41

Payment to County of Passaic:

Re: Open Space Taxes for the 2nd Quarter Year 2009 in the amount of $35,638.31

Resolution #87-0-09:

Re: Temporary Emergency Appropriation - $100,150 Grant – FY 08 Buffer Zone

Protection Program – Target Hardening of the Raymond Dam

WHEREAS, an emergent condition has arisen with respect to the Raymond Dam and no adequate provision has been made in the 2009 temporary appropriations for the aforesaid purpose, and N.J.S. 40A: 4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned, and

WHEREAS, the total emergency temporary resolutions adopted in the year 2009 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) is $100,150.00.

NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of N.J.S. 40A:4-20:

An emergency temporary appropriation be and is hereby made for the hardening of the Raymond Dam in the amount of $35,000.00.
That said emergency temporary appropriation will be provided for in the 2009 Budget under the title of: Buffer Zone Protection Program-Grant.

Resolution #88-0-09:

Re: Temporary Emergency Appropriation – Clean Communities Program

WHEREAS, an emergent condition has arisen with respect to the Clean Community Program and no adequate provision has been made in the 2009 temporary appropriations for the aforesaid purpose, and N.J.S. 40A: 4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned, and

WHEREAS, the total emergency temporary resolutions adopted in the year 2009 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) is $14,275.14

NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of N.J.S. 40A:4-20:

An emergency temporary appropriation be and is hereby made for the Clean Community program in the amount of $14,275.14
That said emergency temporary appropriation will be provided for in the 2009 Budget under the title of: Clean Community Grant.

Resolution #89-0-09:

Re: Authorize HUD – Bond Redemption for Pike Construction

WHEREAS, the Borough of Wanaque participated in the financing of the construction of the improvements at 4 Union Avenue, Haskell, N.J. by Pike Construction Company; and

WHEREAS, the Borough of Wanaque acted as the Borrower under Section 108 Government Guaranteed Participation Certificates, Series HUD 1996-A, and Pike Construction Company wishes to redeem the note issued under this program as of August 1, 2009.

NOW, THEREFORE BE IT RESOLVED that Thomas F. Carroll, Borough Administrator is authorized and directed to sign a letter to the Trustee indicating that the Borough of Wanaque, as the Borrower, wishes to redeem said certificates; and

BE IT FURTHER RESOLVED that a copy of the letter be attached to this resolution as a record of said redemption.

Resolution #90-0-09:

Re: Approve payment #2 ($125,955.97), Change Order #2 ($4,356.00) and Change

Order #3 ($1,210.00) to Poppe Contracting for the Haskell Firehouse Renovation

Subject to satisfaction of mechanic’s lien).

BE IT RESOLVED that payment #2 in the amount of $125,955.97, Change Order #2 in the amount of $4,356.00 and Change Order #3 in the amount of $1,210.00 be authorized to Poppe Contracting, Inc. for the addition to the Haskell Firehouse (Subject to satisfying a mechanic’s lien).

Resolution #91-0-09:

Re: Opposing Governor Corzine’s plan to redirect EMT Training Funding

WHEREAS, the Wanaque First Aid Squad is a public service association comprised of volunteer members whose purpose is to provide pre-hospital emergency care to the sick and injured in our community;

WHEREAS, the Emergency Medical Technician (“EMT”) Training Fund was created by New Jersey P.L. 1992, Chapter 143 (N.J.S.A. 26:2K-54 et seq) as a dedicated, non-lapsing revolving fund, established to reimburse any private agency, organization or entity which is certified by the Commissioner of Health and Senior Services to provide training and testing for volunteer ambulance, first aid and rescue squad personnel who are seeking EMT certification and/or re-certification. The fund has allowed thousands of Volunteer EMTs to earn and maintain their EMT certification without incurring out-of-pocket personal expense and without the need for funding from their volunteer squad or municipality; and

WHEREAS, the EMT Training Fund is not supported through the use of any tax money, but rather is supported by a $0.50 surcharge on each fine, penalty and forfeiture imposed and collected by the State of New Jersey for motor vehicle or traffic violations and is currently running at approximately a $1,000,000 deficit per year; and

WHEREAS, on April 23, 2009 the Department of Health and Senior Services Office of OEMS informed the New Jersey State First Aid Council of Governor Corzine’s intention to redirect $4,000,000 from the dedicated EMT Training Fund to the general treasury of the State of New Jersey leaving only a proposed $400,000 balance in the Fund; and

WHEREAS, a $400,000 balance in the EMT Training Fund is inadequate to meet the annual training needs of the Volunteer EMTs of this State and will result in severe cut-backs of state-paid EMT training for New Jersey’s EMS Volunteer Community;

NOW, THEREFORE BE IT RESOLVED that the Borough of Wanaque formally opposes Governor Corzine’s plan to transfer money from the EMT Training Fund because of the detrimental effect this will have on the availability of EMT training for New Jersey’s Volunteer EMS Community.

BE IT FURTHER RESOLVED that the Borough of Wanaque opposes the intended re-appropriation of monies from the dedicated EMT Training Fund, which would shift the cost of Volunteer EMT Training to the Wanaque First Aid Squad, the municipality and its residents. During this time of economic hardship when squads

continue to see a decrease in donations, contributions and a short fall in fund raising it is fundamentally unfair to ask those who already volunteer their time to attend training courses and answer emergency calls to pay for their own training when they already provide so much to their community. This will significantly impact the recruitment of new members as well as retention of existing members since many will not be able to pay for their training.

BE IT FURTHER RESOLVED that the Governor and the Legislature of the State of New Jersey are requested not to remove any money from the EMT Training Fund and to return any money to the Fund that has already been removed for purposes other than those specified in New Jersey Chapter 143.

Two (2) Applications for Amusement Machine Licenses:

Re: 1) Phoenix Club, 1093 Ringwood Avenue, Haskell, 2) Roar of the Crowd,

72 Haskell Avenue, Haskell – pending payment of 1st Quarter Water Bill

in the amount of $174.86 (Both applications approved by the Police Department and Fire Official)

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 April 2009 ‑ NONE.

4. Municipal Court Report for April 2009 ‑

5. Welfare Report for April 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: None.

NEW BUSINESS:

Closed Session:

Re: Litigation / Negotiation / Personnel

Held to the end of the meeting.

UNFINISHED BUSINESS:

Status of US Aluminum Investigation:

There are investigations still going on for the site.

Resolution #55-0-09:

Re: Refund of Tax Sale Certificate #06-00153 to Edward J. Galbierczyk for Block

200.21, Lot 24 in the amount of $1,571.48

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

WHEREAS, a Tax Sale was held for 2005 delinquent Municipal charges on May 23, 2006, and

WHEREAS, Edward J. Galbierczyk was the successful bidder for Block 200.21 Lot 24 for which Tax Sale Certificate #06-00153 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 $1,571.48 as per the certification of the Tax Collector.

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

Appointment of Ethics Committee Member:

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to appoint Lancelot Reis as a member.

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

RESOLUTIONS:

Resolution #92-0-09:

Re: Award Bid – Laura Avenue Phase II – John Garcia and Son in the amount of

$282,080.62

On entertainment of the Mayor, Councilmen Pettet and Councilwoman Cisco moved that,

WHEREAS, the Borough of Wanaque advertised for and received bids on April 15, 2009 for the Laura Avenue Phase II reconstruction project, and the following bids were received:

§ Sanitary Construction Co., Inc. $345,818.00

§ D.R. Mullen construction Co., Inc. $324,869.27

§ Zuccaro, Inc. $380,436.00

§ John Garcia Construction Co., Inc. $282,080.62

§ 4 Clean-Up, Inc. $297,746.01

§ DCM Contracting, LLC $370,773.00

§ Montana Construction Corp., Inc. $583,920.74

§ Sita Construction Co, Inc. $636,866.50

§ AJM Contractors, Inc. $364,501.50

§ English Paving $355,786.76

and;

WHEREAS, the Consulting Engineer and the Borough Administrator have reviewed the bid of John Garcia Construction Co., Inc. and find it responsive and responsible and in compliance with N.J.S.A. 40A:11-1 et. Seq.

NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to John Garcia Construction Co., Inc, 183 Friar Lane, Clifton, N.J. 07013 at the bid amount of $282,080.62; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget accounts X-GC-03-346-201, Water Capital Improvement Fund and DOT Capital Appropriation Ordinance.

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

Resolution #93-0-09:

Re: Estimated Tax Rate

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

WHEREAS, the Borough of Wanaque introduced its 2009 Municipal budget on April 20, 2009 and will hold a public hearing on June 8, 2009; and

WHEREAS, it has been determined that it will be necessary to issue estimated tax bills for the 3rd quarter of 2009, in order to provide for a sufficient cash flow for governmental operations; and

WHEREAS, the tax levies for the Borough of Wanaque, Wanaque Board of Education and the County of Passaic will not fall above the 5% threshold for the rate to be set by the Governing Body; and

WHEREAS, the Governing Body desires to have the estimated tax bill for the 3rd quarter of 2009 to be as close as possible to the actual tax bill, so that any shortfall will be minimal in the 4th quarter, and place an unexpected additional burden on our taxpayers.

NOW, THEREFORE, BE IT RESOLVED that the following amounts for the 2009 3rd quarter estimated tax bill for the Borough of Wanaque be and are hereby approved.

Amount to be Raised 09 Rate 08 Rate Percent

Borough $ 8,196,318.00 1.420 1.337 6.24

Local School 11,624,100.00 2.014 1.916 5.10

Regional H.S. 7,073,018.00 1.226 1.177 4.15

County 7,207,598.00 1.249 1.224 2.03

Open Space (Municipal) 57,715.00 .010 .010 0

Open Space (County) 144,287.00. .027 .025 0

Total Tax Rate $34,303,036.00 5.946 5.689 4.52

Assessed Value: $577,156,626.00

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

Resolution #94-0-09:

Re: Estimated Tax Bills

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

BE IT RESOLVED that the Borough’s Tax Collector be and she is authorized and directed to issue estimated tax bills for the 3rd Quarter of 2009, upon the approval of the tax rate set forth in Resolution #93-0-09.

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

Resolution #95-0-09:

Re: Appropriating $32,270.78 from the Water Infrastructure Fund

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

BE IT RESOLVED by the Governing Body of the Borough of Wanaque, County of Passaic, New Jersey as follows:

Section 1. The improvement as described in Section 3 of this Resolution is authorized and declared to be necessary and useful for municipal purchases.

Section 2. There is hereby appropriated for said purposes the sum of $32,270.78 from the Water Infrastructure Fund. Said sum being inclusive of all appropriation heretofore made therefore.

Section 3. That the acquisition and improvement hereby authorized and the purpose for which this appropriation is made is for Wanaque Avenue improvements.

Section 4. This resolution shall take effect after adoption.

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

Resolution #96-0-09:

Re: Approve Emergency Contract and Payment – Mike Fitzpatrick & Son –

Wanaque Avenue Water Main Break - $32,270.78

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

WHEREAS, the Borough of Wanaque experienced a significant water main break on Friday, April 10, 2009 on Wanaque Avenue, causing the loss of water pressure and water service for residents in the area; and

WHERAS, it was necessary to hire a contractor on an emergent basis to repair the water main since the health, safety and welfare of the residents needed to be protected; and

WHEREAS, the Borough Administrator, as the Qualified Purchasing Agent, authorized an emergency contract with Mike Fitzpatrick & Son to perform this work in accordance with N.J.S.A. 40A:11-6.

NOW, THEREFORE BE IT RESOLVED that in accordance with N.J.S.A. 40A:11-6 that payment be authorized to Mike Fitzpatrick & Sons, 18 Cozy Lake Road, P.O. Box 430, Oak Ridge, New Jersey 07938 in the amount of $32,270.78 for the emergency repair of the water main on Wanaque Avenue; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the Water Infrastructure Fund.

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

Resolution #97-0-09:

Re: Execution of CDBG MOU/Sub Receipent Agreement for façade improvement

Grant

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

BE IT RESOLVED that the Mayor is authorized to execute a Memorandum of Understanding and sub-recipient agreement with the County of Passaic, New Jersey for Community Development Block Grant funds for facade improvements in the Haskell Redevelopment area.

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

Resolution #98-0-09:

Re: Appoint Ann Smolen as Deputy Tax Collector

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

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

Resolution #99-0-09:

Re: Reappoint Emergency Management Coordinator and Assistant Emergency

Management Coordinator

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

BE IT RESOLVED that Thomas P. Norton be appointed as the Emergency Management Coordinator for a period of three years effective January 1, 2008; and

BE IT FURTHER RESOLVED that Tad Skawinski be appointed as Assistant Emergency Management Coordinator effective immediately.

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

Resolution #100-0-09:

Re: Wanaque Board of Education Budget

Previously approved.

Resolution #101-0-09:

Re: Lakeland Regional High School Budget

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

RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC DETERMINING AND CERTIFYING AMOUNTS TO BE RAISED FOR REGIONAL HIGH SCHOOL TAXES FOR THE 2009-2010 SCHOOL YEAR.

WHEREAS, in the 2009-2010 General Fund School Budget for the Lakeland Regional High School District was presented to the voters of the Borough of Wanaque and Ringwood on Tuesday, April 21,2009 and said budget was rejected by a majority of the voters; and

WHEREAS, the Borough Council, of the Borough of Wanaque, pursuant to N.J.S.A. 18A:22-37, after consultation with the Board of Education of the Lakeland Regional High School District has determined the amounts which in the judgment of the Mayor and Council are necessary to be appropriated for each item appearing in such Budget to provide a thorough and efficient system of school in the district;

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque that it hereby certifies to the Passaic County Board of Taxation the total of the amounts so determined to be necessary to be raised by taxes for the 2009-2010 school year for the Lakeland Regional High School District, and said amounts to be raised are considered by the Borough to be sufficient to provide for a thorough and efficient education system are as follows:

Borough of Borough of General Fund: Total Wanaque's Share Ringwood's Share

a. Original Tax Levy $15,907,862.00 $6,923,413.00 $8,984,449.00 on Ballot

b. Debt Service $ 343,747.00 $ 149,605.42 $ 194,141.58

c. Amount of Reduction $ 25,000.00

d. Amount of tax levy being certified

by the Mayor and Council of the

Borough of Wanaque $16,226,609.00

BE IT FURTHER RESOLVED that the underlying determinations and supporting reasons of the Borough Council for its reduction in the Lakeland Regional High School District Budget for 2009-2010 and the decrease in the tax levy are in the following line items:

$12,500.00 11-190-100-610

$12,500,00 11-190-100-640

BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded immediately to:

d. The Lakeland Regional High School District

e. The Passaic County Board of Taxation

f. The Borough of Ringwood Tax Assessor

g. The Passaic County Superintendent of Schools (2 copies)

THIS IS TO CERTIFY that the above Resolution was duly adopted at a Regular Meeting of the Borough Council of the Borough of Wanaque conducted May 11, 2009.

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

Resolution #102-0-09:

Re: Temporary Emergency Appropriation – Highlands Council Executed Grant

Agreement in the amount of $50,000.00

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

WHEREAS, an emergent condition has arisen with respect to the Highlands Council Program and no adequate provision has been made in the 2009 temporary appropriations for the aforesaid purpose, and N.J.S. 40A: 4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and

WHEREAS, the total emergency temporary resolutions adopted in the year 2009 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) is $50,000.00;

NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of N.J.S. 40A:4-20:

An emergency temporary appropriation be and is hereby made for the Highlands Council Executed Grant Agreement in the amount of $50,000.00
That said emergency temporary appropriation will be provided for in the 2009 Budget under the title of: Highlands

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

Resolution #103-0-09:

Re: MOU – Borough and Wanaque Board of Education for Secure our Schools

Grant Application

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

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 $ 9,667.19

CURRENT 2008 1,180.65

CURRENT 2009 274,468.77

WATER OPERATING 2009 49,307.45

WATER CAPITAL 21,087.00

GENERAL CAPITAL 184,579.50

ESCROW 3,565.85

PUBLIC ASSISTANCE 12,427.00

UNEMPLOYMENT/DISABILITY 2,824.40

RECREATION TRUST 5,899.18

ANIMAL TRUST __ 5,983.95 ___

TOTAL VOUCHERS $570,990.94

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

APPROVED: May 11, 2009

___________________________

Daniel Mahler
Mayor

Payrolls:

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

Payroll #09 p/e 05/01/09 $203,925.83_

Payroll Total $203,935.83

GRAND TOTAL $774,916.77

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

APPROVED: May 11, 2009

________________________________

Daniel Mahler
Mayor

NEW BUSINESS:

Closed Session:

Re: Negotiations/Personnel/Litigation

On entertainment of the Mayor, Councilmen Pasquariello and Pettet 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) Negotiations, Personnel, Litigation.

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, Councilmen Pettet and Pasquariello moved a motion to reconvene.

On roll call, all were present.

ADJOURNMENT:

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

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:15 P.M.

___________________________

Katherine J. Falone, RMC, CMC
Municipal Clerk