MAYOR AND COUNCIL MEETING
BOROUGH OF WANAQUE
MINUTES
Regular Meeting
November 8, 2010
A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, November 8, 2010, at 8:40 P.M. in the Wanaque Municipal Building.The Mayor called the meeting to order.
On roll call, the following Council Members responded: Balunis, Cisco, Cortellessa, 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 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 January 6, 2010, and a notice thereof has been posted on January 6, 2010 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 4, 2010.
On entertainment of the Mayor, Councilmen Pasquariello and Cortellessa moved a motion to approve the aforementioned Minutes.
On roll call, all voted yes and the Mayor declared the motion carried.ORDINANCES:
Introduction of Ord. #19-0-10:
Re: Amend Chapter 108 – Parking Restrictions – Municipal Lot Doty Road and Ringwood AvenueOn entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that Ordinance #19-0-10 be taken from the table and read by the Clerk, by title only, for consideration of first reading
On roll call, all voted yes and the Mayor declared the motion carried.The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC, SECTION 108-6.2 MUNICIPAL BUILDING PARKING LOT, MUNICIPAL PARKING AREA.
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that,
AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC, SECTION 108-6.2 MUNICIPAL BUILDING PARKING LOT, MUNICIPAL PARKING AREA pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 13th day of December 2010, 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. #20-0-10:
Re: 2011 Salary Ordinance (Police only)On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #20-0-10 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 2011.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
AN ORDINANCE TO AMEND THE SALARY ORDINANCE FOR THE YEAR 2011 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 13th day of December 2010, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.On roll call, all voted yes and the Mayor declared the motion carried.
PUBLIC DISCUSSION:
The Mayor opened the Public Discussion.
Dave DaSilva, 108 Monroe Street, Haskell said what is the update on the Second Street flooding.
The Borough Engineer said it needs the plans.
Dave DaSilva said that was the status last month.
The Borough Engineer said they were the preliminary plans.
Dave DaSilva said regarding the welcome to Wanaque sign did we get permission to park there.
The Mayor said the property owner is making contributions.
Dave DaSilva said what is the total cost to the Borough for the project.
The Mayor said there is a thirty eight thousand dollar grant.
The Borough Administrator said through the corridor enhancement plan.
Dave DaSilva said is that in addition to any monies you receive. You should use the money to pay for plantings. When is the sign going up and when was the Council notified the sign and construction was going to take place.
The Mayor said the cost was donated. The Council voted at the September meeting.
Dave DaSilva said when was the County, Police, Fire and DEP notified about the project starting next weekend.
The Mayor said it was approved at the September meeting.
Dave DaSilva said regarding 1085 Ringwood Avenue how much is Mr. Falciglia charging us.
The Borough Administrator said twenty two thousand dollars.
Dave DaSilva said did you get other prices and when were the County and even the neighbors notified.
The Borough Administrator said two to three weeks prior to the building coming down.
Dave DaSilva said did you get any permit from the town or County.
The Borough Administrator said the week before.
Dave DaSilva said when did we get the asbestos clearance.
The Borough Administrator said we have the report.
Dave DaSilva said were any permits issued for the welcome to Wanaque sign.
The Mayor said I don’t know if any are required.
Dave DaSilva said appreciate the concern for the safety at the Candle Factory and Mountain Lakes Estates. Presented pictures of the vacant property and still very concerned that children can wander around and something has to be done.
The Mayor said didn’t we file a lawsuit.
The Borough Attorney said we filed a lawsuit and the Building Inspector took pictures and police reports were filed.
Dave DaSilva said do you think the Borough is doing everything it can.
The Borough Attorney said we are doing it now.
Dave DaSilva said what is the status of the sewer line.
The Mayor said there is no sewer extension.
Dave DaSilva said the resident comes to the building to get a permit. Please don’t let this sit. This is a small part and someone will get hurt.
Councilwoman Cisco said I was with the Freeholder Director and we took a ride and they couldn’t believe the situation has been there like that for ten years.Sandy Lawson, 28 Haskell Avenue, Haskell said I couldn’t agree more that it is way past time that something is done up there. The septic can’t be replaced because there is a sewer line. They need relief up there. The roads are horrible how did this developer start building without posting a bond.
The Borough Attorney said he did post a bond and the bond company went out of business and he stopped building. It went to the administrative courts and it is in the appellate division and we’re waiting to hear the outcome.
Sandy Lawson said the asbestos report for 1085 Ringwood Avenue what was the result.
The Borough Administrator said there was minimum and it is a clapboard house underneath.
Sandy Lawson said can I get a copy of that report.
The Borough Administrator said yes.
Sandy Lawson said the Venezia house I heard the Borough wants to turn it into a historic site.
The Mayor said where did you hear that.
Sandy Lawson said in your campaign literature. In the literature sent out for the Election. There is a process to follow for a historic site and the Rhinesmith Avenue building was taken down.
The Mayor closed the Public Discussion.CONSENT AGENDA:
Two (2) Applications for Raffle Licenses:
Re: 1) Saint Francis of Assisi School Home Association – RA:751, 2) Lakeland
Lancer Diamond Club – RA:752
Resolution #145-0-10:
Re: Refund of Tax overpayments on Block 106, Lot 2 in the amount of $2,184.85 and
Block 400, Lot 3 in the amount of $957.23 for the 3rd Quarter due to the
properties receiving a Farm Assessment for the year 2010WHEREAS, there exist tax overpayments on the properties listed herein for the third quarter of 2010 due to the properties receiving a Farm Assessment for the year 2010:
BLOCK LOT AMOUNT
106 2 $2,184.85
400 3 $ 957.23
WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $3,142.08 as per the certification of the Tax Collector.Resolution #146-0-10:
Re: Redemption of Tax Sale Certificate #09-00011 for Block 401, Lot 16 in the
amount of $23,546.17WHEREAS, a Tax Sale was held for 2009 delinquent Municipal charges on October 6, 2010, and
WHEREAS, Farley Katz was the successful bidder for Block 401 Lot 16 for which Tax Sale Certificate #09-00011 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 $12,746.17 for the certificate and $10,800.00 for the premium as per the certification of the Tax Collector.Application for Tow Truck License:
Re: Ringwood Towing LLC, 89 Greenwood Lake Turnpike, Ringwood. (Approved
by the Police Chief)Payment to County of Passaic:
Re: 4th Quarter Taxes for 2010 in the amount of $1,932,387.18Payment to County of Passaic:
Re: Open Space Taxes for the 4th Quarter Year 2010 in the amount of $34,230.90Resolution #158-0-10:
Re: Over the Limit under Arrest 2010 Year End CrackdownWHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 each year; and
WHEREAS, 25% of motor vehicle fatalities in New Jersey are alcohol related; and
WHEREAS, an enforcement crackdown is planned to combat impaired driving; and
WHEREAS, the season at the end of the year is traditionally a time of social gatherings which often include alcohol; and
WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked Law Enforcement Agencies throughout the State to participate in the Over the Limit Under Arrest 2010 Year End Crackdown; and
WHEREAS, the project will involve increased impaired driving enforcement from December 6, 2010 through January 2, 2011; and
WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways;
THEREFORE, BE IT RESOLVED that the Borough of Wanaque declares it’s support for the Over the Limit under Arrest 2010 Year End Statewide Crackdown from December 6, 2010 through January 2, 2011 and pledges to increase awareness of the dangers of drinking and driving.Resolution #159-0-10:
Re: Budgetary TransfersResolution for Inter Appropriation Transfers
BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2010 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
0-CU-01-136-251 $12,500.00 0-CU-01-111-276 $15,000.00
Sanitation Legal
0-CU-01-130-271 $ 2,000.00
0-CU-01-130-226 $ 500.00
Emerg. Mgt.
0-CU-01-099-134 $ 2,500.00 0-CU-01-134-299 $ 2,500.00
Bd of Health S&W Bd of Health OE0-CU-01-099-142 $ 7,500.00 0-CU-01-139-299 $12,500.00
CCO S&W Rec OE
0-CU-01-120-276 $ 3,000.00
Bd of Adj OE
0-CU-01-109-212 $ 1,000.00
-217 500.00
-223 500.00
Tax Collector OE
0-CU-01-106-211 $ 250.00 0-CU-01-103-299 $ 250.00
Finance OE Election OE0-CU-01-104-231 $ 2,000.00 0-CU-01-107-299 $ 2,500.00
Munic Clerk OE Tax Assessor OE
0-CU-01-115-276 $ 500.00
Engineering0-CU-01-115-276 $ 1,000.00 0-CU-01-101-299 $ 1,000.00
Engineering Adm OEResolution #160-0-10:
Re: Approve Easement Encroachment – 59 Ramapo Mountain DriveWHEREAS, Thomas and Judith Voll, 59 Ramapo Mountain Drive, Wanaque, New Jersey have asked permission to place a utility shed on the Borough’s sewer easement which is on their property; and
WHEREAS, Thomas and Judith Voll have executed a Memorandum of Understanding allowing free access to the Borough of Wanaque should the need arise.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute a Memorandum of Understanding with Thomas and Judith Voll for an easement encroachment at 59 Ramapo Mountain Drive; and
BE IT FURTHER RESOLVED that the Memorandum of Understanding be made part of this resolution.Resolution #161-0-10:
Re: Authorize Sale of Surplus PropertyBE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE AS FOLLOWS:
1. The following vehicles are declared surplus personal property and no longer needed for public use:
1987 Ford Backhoe – VIN #C775237
1988 McGraw Edison Generator – Serial # L830688847
1999 Dodge 3500 Dump Truck – VIN #3B6MF3655XM569023
1997 Starlite Generator – VIN #12YFS101XKC027175
Ford Meter Test Box, calibrated tank, test indicator2. The sale of these vehicles will be sold on-line at Govdeals.com.
3. This sale is being conducted pursuant to Local Finance Notice 2008-9.
4. The terms and conditions of the agreement between the Borough of Wanaque and Govdeals.com is available on the govdeals.com website and is on file in the office of the Borough Clerk.
5. That the Borough Administrator is hereby authorized and directed to advertise for the sale of these vehicles in accordance with NJSA 40A:11-36 and Local Finance Notice 2008-9.Resolution #162-0-10:
Re: Authorize Submission of Water Allocation Permit Application renewalBE IT RESOLVED that Thomas F. Carroll, Borough Administrator is authorized and directed to execute the N.J.D.E.P. Water Allocation Permit renewal application on behalf of the Borough of Wanaque.
On entertainment of the Mayor Councilmen Pasquariello and Pettet moved a motion to approve the aforementioned Consent Agenda.
On roll call, all voted yes, except Councilwoman Cisco who abstained from the Raffle Licenses, and the Mayor declared the motion carried.REGULAR REPORTS - PROFESSIONAL REPORTS:
1. Clerk's Receipts – October 2010
2. Police Department Report - October 2010
3. Tax Collector's Report for October 2010
4. Municipal Court Report for October 2010
COMMUNICATIONS: None.NEW BUSINESS:
Letter from Charlie Sahanas, 5 Humbert Place, Wanaque:
Re: Refund of deposit for Street Opening Permit #2079 in the amount of $187.502011 Re-Organization Meeting Date:
January 3, 2011 at 7:00 P.M.
Closed Session:
Re: Litigation / Negotiation / PersonnelHeld prior to the meeting.
UNFINISHED BUSINESS:
Resolution #65-0-10:
Re: Bond Reduction Valley ViewHeld.
RESOLUTIONS:
Resolution #163-0-10:
Re: Resolution Authorizing Settlement of Tax Appeal for Block 304, Lot 10.01, 29
Locust Street, HaskellOn entertainment of the Mayor Councilmen Pasquariello and Cortellessa moved that,
RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEAL
WHEREAS, Hector Castillo is the owner of property known and designated as Block 304, Lot 10.01 on the Borough of Wanaque Tax Map and is commonly known as 29 Locust Street, Wanaque, New Jersey; and
WHEREAS, the said property owner filed a tax appeal in the Tax Court of New Jersey under Docket No: 001183-2009; and
WHEREAS, as a result of negotiations between the Borough Tax Assessor and the Attorney representing the property owner, a proposed settlement of the Tax Court case has been proposed and;
WHEREAS, it is in the best interests of the Borough of Wanaque to settle the tax appeal;
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 Attorney, Anthony Fiorello, Esq., is hereby authorized to enter into a Stipulation of Settlement in connection with Tax Appeal filed by Hector Castillo, the owner of property known and designated as Block 304, Lot 10.01 as set forth on the Borough of Wanaque Tax Map, said premises being also commonly known as 29 Locust Street, Wanaque, New Jersey, and to execute the Stipulation of Settlement in the form annexed hereto.
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 2010 $ 3,368.15
Current Operating 2009 $ 1,250.59
Current Operating 2010 $ 453,930.64
Water Operating Prepaid $ 251.70
Water Operating 2010 $ 33,626.33
Sewer Operating Prepaid $ 886.76
Sewer Operating 2010 $ 9,500.76
Escrow $ 2,562.00
Recreation Trust $ 13,175.50
Animal Trust $ 32.40
Recycling Trust $ 3,578.07
TOTAL VOUCHERS: $ 522,162.90
Payrolls:Councilmen Pettet and Theoharous moved a resolution approving the following payrolls:
Payroll #20 p/e 10/08/10 $197,209.08Payroll #21 p/e 10/22/10 $228,548.50
Payroll #22 p/e 11/05/10 $202,176.19
Payroll Total $627,933.77GRAND TOTAL $1,150,096.67
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.APPROVED: November 8, 2010
________________________________
Daniel Mahler
Mayor
ADJOURNMENT:On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:15 P.M.
___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk