MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

 

MINUTES

 

December 8, 2008

 

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, December 8, 2008, at 8:50 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 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, 2008, and a notice thereof has been posted on January 2, 2008 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.

 

MINUTES:

 

Regular Meeting of October 6, 2008.

 

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

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

 

Regular Meeting of November 10, 2008.

 

On entertainment of the Mayor, Councilman Theoharous and O’Connell 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. #2-0-08:

     Re:  Dissolution of Wanaque Valley Regional Sewerage Authority

 

            On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco moved a motion to hold Ordinance #2-0-08 to December 29, 2008.

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

 

   Public Hearing of Ord. #8-0-08:

     Re:  Bond Ordinance – Purchase of US Aluminum Property

 

            On entertainment of the Mayor, Councilmen Pettet and Theoharous moved a motion that Ordinance #8-0-08 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:  BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF LANDS (US ALUMINUM SITE) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $2,300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,190,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

 

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.

 

John Maiello, 26 Rhinesmith Avenue, Wanaque said what is the reason why you don’t have the redeveloper buy the property.  Could this also be put in a situation where you having first choice to buy it if something goes wrong with the developer up here you could change your mind and put the municipal building down there.  Is that possible. 

The Mayor said we’re not thinking about doing that.  It’s possible but not in our plans.

John Maiello said then why not let the redeveloper buy it.

The Mayor said because then we can control what happens to the property there.

John Maiello said its going to be light industry right.  I want to commend you for that.

The Mayor said other people have come forward and wanted to park vehicles there, an auto dealership there, that is not something we want in the neighborhood.

John Maiello said so you want to control what’s going to go there.  And I want to compliment you on making it light industry because I know at one time you wanted businesses in there.  Our country is in almost a depression we are in a severe recession and any place you go, over to Butler they put those beautiful apartments with those nice new buildings with the stores there.  Two are rented, Mr. Falciglia’s buildings in Ringwood, one is empty, one is empty here, ours is empty next to Quik Chek that’s empty.  And now we find out if you’re developing things Rita’s is going to move out and that deli next to it is changing all the time.  Until our economy changes and until that happens and we can get businesses in this town fully rented so that then if you want to make an addition to another piece of business property fine.  But what’s happening in this recession, let’s not make it worse by putting more businesses that may not be filled.  Thank you.

 

Dave DaSilva, 108 Monroe Street, Haskell said how much money have we spent so far to date on getting this project to where it is today.

The Borough Administrator said we’ve probably spent to date between legal and the environmental consultant about twenty thousand dollars.

Dave DaSilva said didn’t we approve seventy five thousand dollars.

The Borough Administrator said up to seventy five thousand dollars.

Dave DaSilva said we’ve only spent twenty thousand dollars of that so far.  Is there any plan for the eventual developer to help recoup some of the costs.

The Borough Administrator said yes, all of it.

Dave DaSilva said do you know if we plan on entering into another pilot program with this redeveloper.

The Borough Administrator said we’ve discussed it.  We haven’t gotten to the point where we’ve seen the numbers.

Dave DaSilva said do we have any sort of legal agreement with this redeveloper or is that part of the redevelopment process later on down the road.

The Borough Administrator said that’s part of the process later on down the road.  We are already in discussions with them.

Dave DaSilva said are we making sure that we are covering ourselves so that we don’t find ourselves in a position where we have to buy this property.

The Borough Administrator said yes.

Dave DaSilva said will this require any sewer capacity, what he is planning on putting in there.

The Borough Administrator said no.  I’m sure that whatever capacity that US Aluminum had, again they’re looking at light industrial, some minor offices, you’re not looking at a huge sewer use. 

Dave DaSilva said I noticed that it said that it could be cleaned up to industrial standards and I think the Mayor actually said he wants to make sure its cleaned up to residential standards.  Is there something that occurred or just because you are looking at putting a light industrial there you are changing the plan.

The Borough Administrator said we were talking about the residential standard we were talking about the municipal building and occupancy twenty four hour, seven days a week which would basically be a residential area.  The situation has changed, the use has changed.  We’ve talked to the property owner about bringing it up to residential standards and we’re still looking to push him to bring it up to the higher standard.   However, he at a minimum has to comply with the isa requirements for the industrial standards remediation.  And we’re trying to get him up to the higher level.

Dave DaSilva said but there is nothing that you found in the environmental study that is causing you to not to go to the higher rating.

The Borough Administrator said no.  Not at all.

Dave DaSilva said will this come before the residents again as part of a redevelopment plan where we can actually hear what they are planning on doing just like the other ones. 

The Mayor said yes.  Actually twice, once before the planning board and once before the Council.

Dave DaSilva said if we don’t take title to the property and later on down the road there is some sort of environmental issue, such as in Ringwood with the Ford site, do you think that the borough could in any way be held liable for entering into this agreement to purchase the property.

The Borough Attorney said my opinion is we cannot because we will not be in the chain of title but we have our environmental counsel, Mr. Eric Nemeth here with us who assures us also it will not be in the chain of title. 

Eric Nemeth said the potential liability is essentially non-existent.  If you don’t enter the chain of title you don’t put your hands on that property for that moment in time.  You don’t have the exposure.  

Dave DaSilva said will the memorandum of understanding that we enter into with the property owner ever become part of the official record of this transaction.

Eric Nemeth said it probably will because the agreement itself will be signed so that would be part of it.  Because we will not have had our hands on the property under the spill act under state and federal law you have to be an owner or an operator of the property so all of the obligations flow to the developer who takes the property not to the borough.

The Borough Attorney said just to clarify a matter.  You’re talking about a memorandum of understanding.  We’re really talking about an agreement because early on in the process I prepared a draft of a memorandum of understanding that really is no longer applicable as this matter has moved far beyond where we were at the time.

Eric Nemeth said the controlling document will be the contract for sale. 

Dave DaSilva said which should have nothing to do with the borough when it finally goes through.

Eric Nemeth said right.

Dave DaSilva said okay.  Thank you.

 

            The Mayor closed the Public Hearing.

 

Councilmen O’Connell and Pettet moved that,

 

BE IT RESOLVED that an Ordinance entitled:  BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF LANDS (US ALUMINUM SITE) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $2,300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,190,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION 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. #22-0-08:

     Re:  Bond Ordinance – First Aid Squad Vehicle - $170,000

 

            On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #22-0-08 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:  BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A NEW AND ADDITIONAL AMBULANCE BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $170,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $153,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

 

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:  BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A NEW AND ADDITIONAL AMBULANCE BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $170,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $153,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION 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, except Councilwoman Cisco who abstained and the Mayor declared the motion carried.

 

   Public Hearing of Ord. #23-0-08:

     Re:  2009 Salary Ordinance

 

            On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco moved a motion that Ordinance #23-0-08 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 ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF AND THE METHOD OF PAYMENT THEREOF FOR THE EMPLOYEES OF THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC, WHO ARE AND ARE NOT COVERED BY MUTUAL AGREEMENTS.

 

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 ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF AND THE METHOD OF PAYMENT THEREOF FOR THE EMPLOYEES OF THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC, WHO ARE AND ARE NOT COVERED BY MUTUAL AGREEMENTS 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. #24-0-08:

     Re:  Amend Zoning Ordinance – AH Zone – Fourth Avenue Renewal Area

 

            On entertainment of the Mayor, Councilmen O’Connell and Balunis moved a motion to hold Ordinance #24-0-08 to December 29, 2008.

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

 

   Public Hearing of Ord. #25-0-08:

     Re:  Establishing Article XII of Regulating Wireless Telecommunication Towers

             And Antennas

 

            On entertainment of the Mayor, Councilmen O’Connell and Balunis moved a motion to hold Ordinance #25-0-08 to December 29, 2008.

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

 

   Public Hearing of Ord. #26-0-08:

     Re:  Dissolving the Wanaque Borough Board of Adjustment and Consolidating and

             Confirming it’s powers on the Wanaque Planning Board

 

            On entertainment of the Mayor, Councilmen O’Connell and Balunis moved a motion that Ordinance #26-0-08 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 DISSOLVING THE WANAQUE BOROUGH BOARD OF ADJUSTMENT, AND CONSOLIDATING AND CONFIRMING ITS POWER ON THE WANAQUE BOROUGH PLANNING BOARD PURSUANT TO N.J.S.A. 40:55D-25c(1).

 

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.

 

            Councilman O’Connell said regarding the merger of the boards there are letters and calls going back and forth.  The Board of Adjustment had six cases and the Planning Board had thirteen cases.  If the Board of Adjustment is to be merged there would be $9,125.00 savings.  The longest meeting the Planning Board had was one hour.

Councilwoman Cisco said the process has been going on for a long time.  Hopefully it will be done tonight.

The Borough Attorney said December 31st would be the date for consolidation in Ordinance for the changes.

Jack Dunning, 60 Willow Way, Wanaque passed out the 2007 and 2008 application fees.  You’re not saving money for people and once the economy gets better it will pick up.  To bring the board back it has to go to a referendum.  There are Ordinances that have to be looked at and redone.  Classes have to be taken for members.

The Borough Attorney said it would have to be brought up to the board for the determination of what classes to be taken.

Jack Dunning said you should think in keeping the boards.

 

Bob Ferdon, Chamber of Commerce, Wanaque said I agree with Mr. Dunning and any additional applications would have to go to Mr. Foulon.

 

Bruce Grygus, 24 Wilson Drive, Wanaque said there is no monetary savings for the Borough.  New board members would have to be caught up to current applications.  It would be a hardship to the residents and applicants.  The two boards have served the community well for the past years.  There is nothing compelling to merge the boards.

 

John Maiello, 26 Rhinesmith Avenue, Wanaque said things get passed regardless of what people say.  The Board of Adjustment has changed the way they do things.  The Planning Board takes long due to technical issues.  You’re making a big mistake.  It’s for the best interest of the town to keep both boards.  New people will have to learn the job.

 

Frank Covelli, 61 Rhinesmith Avenue spoke about the Board of Adjustment functions and work that has been done.  They took the challenge and rose to the occasion.  The public doesn’t realize the responsibilities of the board.  You should re-consider and once it’s gone to put that question on a ballot will cost a lot.

Joe D’Alessio, 10207 Warren’s Way, Wanaque said I’m an alternate member on the Board of Adjustment and the town is growing and there are more projects.  Was on the Board of Adjustment in another town, Fort Lee and there will be people moving in and an influx of people.  It’s a mistake to do away with the Board of Adjustment.

 

Dave DaSilva, 108 Monroe Street, Haskell said can one or all of you tell me why this is happening.

Councilwoman Cisco said it’s not a matter of how the members are.  I’ve sat at meetings and took the advice of people.

Councilman O’Connell said there was an Ordinance done last year and the Ordinances need to be taken up.  Don’t see the need to have two boards.

Dave DaSilva said the intent of the State is to have available volunteers.  The residents are getting service from the boards and they function what is the rationale of getting rid of the boards.

Councilman Balunis said saving $9,125.00.

Dave DaSilva said does that take into account any revenue that comes in.

Councilman Balunis said the board handles the applications.

Dave DaSilva said the applications will have to go before the combined boards and concerned about long waits and will spend money to go forward in five to ten years.  Why is the date December 31st.  Should look at extending the date.

 

Bob Ferdon, Chamber of Commerce said the Planning Board would be busier instead of acting on fake Ordinances.

 

John Maiello, 26 Rhinesmith Avenue, Wanaque said you’re looking to spend millions on a new building and this is pennies.  You need to think this out deeply.  The taxpayers are worth more than $9,125.00.  It will cause more complications and you should keep the two boards.

 

Jack Dunning, 60 Willow Way, Wanaque said where does the $9,125.00 come from.

The Borough Administrator read the budget line item.

Jack Dunning said how do we save money.

Councilwoman Cisco said is there a way to streamline the meetings.

Jack Dunning said the application is moving better and only cases are longer to clear up.

The Borough Attorney said the Ordinance needs to be amended and to either put in a lead time or not.

Jack Dunning said to combine the boards you need to create a new land use board.

The Borough Attorney said you can do that if half the members of each board want to move over.  This Ordinance has to be amended and re-advertised.

Jack Dunning said I disagree with the $9,125.00 number.  It hasn’t cost the Borough a dime because the professional fees don’t come out of there.

 

Frank Covelli, 61 Rhinesmith Avenue, Wanaque said does any one know how many board members are here tonight.  Seven out of nine are here.  You are debating whether the residents are worth two hundred dollars.

 

Don Ludwig, 29 Fredericks Street, Wanaque said I have been on the Board of Adjustment for years and I don’t think you should get rid of the board.  We streamlined the application package to what we have now.  Why did it take so long for the Mayor and Council to approve the package.  People are going to have to wait longer.  Once the board is gone it will be hard to bring it back.  After the economy picks up the board will be busier.

 

John Maiello, 26 Rhinesmith Avenue, Wanaque said should postpone it for three months.

The Attorney said the amendment is in for the Councils discretion and the board to take no new applications and finish what is on the agenda.

John Maiello said to go before the planning board is ridiculous.

 

            The Mayor closed the Public Hearing.

 

Councilmen O’Connell and Pettet moved a motion to amend the Ordinance and hold a public hearing and adoption at a Special Meeting to be held on December 29, 2008 at 7:00 P.M.

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

 

PUBLIC DISCUSSION:

 

            The Mayor opened the Public Discussion.

 

            Bob Ferdon, 34 Fredericks Street, Wanaque read a statement regarding the Planning Board and applications for businesses.  Tonight you were talking about voting to abolish the Board of Adjustment I hope you don’t do that it’s the wrong thing to do.  You should be able to find two qualified women to sit on these boards who could give these men advice on items like day spas.  Stop using the word massage parlors.  We have to have qualified people here we obviously have enough qualified board of adjustment members what we need is some more qualified planning board members.  The biggest problem is that you’re leaving the wrong person in charge of this board if it’s merged.   Wanaque’s business community is a lesser one today due to Gilbert Foulons’ past and present actions and his poor attitude towards the business community.  Don’t let it be further damaged buy allowing him to be a member of any board in town I demand that you ask for his resignation or do not re-appoint him.

 

Dave DaSilva, 108 Monroe Street said how much land are we buying for the new borough hall site. 

The Borough Administrator said it’s approximately three acres.

Dave DaSilva said have the appraisals come in yet.

The Borough Administrator said yes.

Dave DaSilva said do you know what they came in at.

The Borough Administrator said yes I do.

DaveDaSilva said you can’t tell me.

The Borough Administrator said no.

Dave DaSilva said when will that information become public.

The Borough Attorney said when we get done negotiating with the property owners.

Dave DaSilva said will the conceptual drawings that were presented last month be available to the public.

The Borough Administrator said yes.

Dave DaSilva said are they available today.  Are they somewhere in the building.

The Borough Administrator said I have them in my office.

Dave DaSilva said when will there be another presentation.

The Borough Administrator said we haven’t decided that yet.

Dave DaSilva said what is the status of 815 Ringwood Avenue.

The Borough Attorney said 815 Ringwood Avenue had its license suspended for a period of thirty days for reason of violation of the law.  They were sent a notice.  That thirty day period of suspension has tolled and they are subject to the resolution of approval which requires them to open three days a week a certain amount of hours.  The resolution is not fresh in my mind but there is a resolution with about six or seven different conditions one of which is to open and utilize their license three days a week.  

Dave DaSilva said so are they currently supposed to be open three days a week.

The Borough Attorney said yes they are.  They are now no longer suspended and they should be following that resolution.   If not then when it comes time to renew their license the Council can review it and review their compliance with their obligation which obligation was approved by the administrative law judge before whom we appeared.

Dave DaSilva said do you know when the suspension ended.

The Borough Attorney said October 15th. 

Dave DaSilva said and it was because he wasn’t abiding by

The Borough Attorney said no.  It was because he committed violations of the division of alcoholic beverage control regulations in that he didn’t have a list of all of his employees listed, he didn’t have the license listed and he had two bottles of alcohol that were not purchased at a licensed bonded distributor but rather appeared to be purchased from the local A & P liquor store.  All of which were violations of the law. 

Dave DaSilva said in reference to the flooding issue are we at a standstill now with the flooding conditions on Evergreen Avenue. 

The Mayor said there are a few things we are going to do.  The one thing we’re going to do is we’re going to put some test holes in to find out what the water table is there.  When I was down at the League of Municipalities convention I found one of the vendors was selling a pre-fab concrete like a drainage pit and I thought it was very interesting.  I inquired about it.  I got the brochures.  I thought somebody could use it at the end of the street.   Although I’ve been told the water table may be a little too high to use this particular item.  So we’re going to find out how high the water table in fact is, because maybe we can use it maybe we can’t.  The other issue we’re going to look at is putting another drain at the top of Evergreen Avenue where it meets Saint George Place because evidently there is one on one side but one on the other side would prevent all the water coming down the hill.  And the last issue is we’re going to advise some of the neighbors with the sump pumps maybe they can pump the water out the back yard to prevent their neighbors from getting flooded at the end of the street.  So we’re going to start there.  There may be more to come after that there may not be.  We’re going to move forward with this piece first and see where we go with it.

Dave DaSilva said over to my neighborhood where we have another flooding issue and we have been discussing for months having Arrow possibly cooperate with the town to redirect some of the water that’s shooting off their roof onto the street.  Has anything additional happened with Arrow.

The Mayor said we sent them a letter did we receive a response from them at all.

The Borough Administrator said they said they would take a look at it while they are in the construction phase for their new addition.  I reported that prior but nothing since then.

Dave DaSilva said has anybody else looked at the flooding conditions in my neighborhood since we talked about it three or four months ago and a possible solution for the issue.

The Mayor said as far as looking at it every time it rains I drive over there to see what’s occurring.  Other than that I don’t think we’ve addressed any other solutions.  We’ve discussed some possible solutions but we really haven’t gone further. 

Dave DaSilva said because I was intrigued by this pit that you were talking about, I had a discussion with the Engineer a few months ago about the possibility of putting a pit somewhere in my neighborhood and pumping the water elsewhere so I would be interested in following up with the possibility of doing something like that and getting the water out of that area.

The Mayor said the pit I was thinking of was not one to pump it out.  It would just be a retainage pit where then it would seep into the ground.

Dave DaSilva said one of the problems with my neighborhood and also by Evergreen Avenue there is no elevation at all.  It’s all flat so in order to get the water from point a to point b you would have to pump it regardless.   

The Borough Administrator said it’s basically a tank, the seepage pit and you would then tie it into the existing storm drain system so that when the storm drain system goes down the pit would then empty itself out.  It’s something we can take a look at.  I didn’t look at the cost yet on it.  We’re trying to deal with Evergreen Avenue first. 

Dave DaSilva said long term have we looked at when we are going to review our storm water management plan for the town as a whole.

The Borough Administrator said that gets reviewed every year.

Dave DaSilva said are these areas, areas of concern every year.

The Borough Administrator said it’s a storm water management plan to make sure that we are in compliance with what the state and federal regulations are as far as any new construction or what’s being dumped into the storm drains.  It’s not a plan to alleviate flooding.  We’re not looking at it with the idea of where we can move water from point a to point b, it’s a matter of are we in compliance with the federal regulations.  One of which and we’re going to have to address in the next year or so is leaf collection.  We are not supposed to put leaves in the gutters anymore they have to be ten feet away from gutters if they’re in there.  Those types of things.  We’re not looking at flooding issues per say in the storm water management plan.

Dave DaSilva said so the federal regulations don’t have any guidelines as to an adequate or inadequate storm water management system.

The Borough Administrator said not that I’m aware of.  They’re not going to force you to upgrade your storm water management system because they’re not going to pay for it.  And you have to remember that they’re not going to move water from one place that’s going to create a problem somewhere else. The faster the water leaves Wanaque the faster it floods down in Pompton Lakes and Lincoln Park and Wayne.  

Dave DaSilva said generally speaking something that has not been taken into consideration is we have a storm water management infrastructure in place that was built a long time ago and we’ve increased the impervious services especially in my neighborhood so much that I don’t think our existing system is adequate to control the water, all of the storm water that is coming off of these new impervious services so I think that is something that is your responsibility whether or not the state or federal government requires you to do so it is your responsibility to do so to make sure that you are moving this water away from our homes.  Thanks.

 

John Maiello, 26 Rhinesmith Avenue, Wanaque said has the redevelopment from Cross Street to Stephens Avenue been approved yet.

The Borough Administrator said we’re in the process of doing that planning.  Any development or redevelopment has to get approved by the Highlands if it is in the Highlands preservation area.

John Maiello said the properties you’re going to buy you’ve had them appraised correct.

The Borough Administrator said yes.

John Maiello said you said you can’t let us know what the appraisals are.  If you want to negotiate with them did you use public monies to get the appraisals.

The Borough Administrator said yes.

John Maiello said I know when I was on the board of education the attorney there if you got the appraisals with public monies we’re entitled to get the appraisal what they’ve been appraised at.  You don’t have to tell us what you’re negotiating for, but we’re entitled to that appraisal.

The Borough Attorney said we can’t give you the appraisals because that would undermine our negotiating system.  If what we have in our pockets are by way of appraisals are known to the general public then the people who we are dealing with are not going to be able to bargain with us.  We can’t negotiate with someone when they know all our cards. 

             

The Mayor closed Public Discussion.

                                                                                            

CONSENT AGENDA:

                          

   Resolution #176-0-08:

     Re:  Redemption of Tax Sale Certificate #06-00150 in the amount of $9,738.87 for

             Block 200.20, Lot 19

 

 

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

WHEREAS, Wachovia Cust for Plymouth Park was the successful bidder for Block 200.20 Lot 19 for which Tax Sale Certificate #06-00150 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 $9,738.87 as per the certification of the Tax Collector.

 

   Resolution #177-0-08:

     Re:  Redemption of Tax Sale Certificate #06-00145 in the amount of $9,738.87

             for Block 200.20, Lot 14

 

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

WHEREAS, Wachovia Cust for Plymouth Park was the successful bidder for Block 200.20 Lot 14 for which Tax Sale Certificate #06-00145 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 $9,738.87 as per the certification of the Tax Collector.

 

   Resolution #178-0-08:

     Re:  Redemption of Tax Sale Certificate #06-00139 in the amount of $1,387.90

             for Block 200.20, Lot 1

 

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

WHEREAS, Wachovia Cust for Plymouth Park was the successful bidder for Block 200.20 Lot 1 for which Tax Sale Certificate #06-00139 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 $1,387.90 as per the certification of the Tax Collector.

 

   Resolution #179-0-08:

     Re:  Refund of Tax overpayment for 2008 4th Quarter on Block 408, Lot 14 in the

             amount of $34.12

 

WHEREAS, there exists a tax overpayment on the property listed herein for the fourth quarter of 2008:

 

BLOCK            LOT               AMOUNT

408                  14                    $34.12

 

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $34.12 as per the certification of the Tax Collector.

 

   Resolution #190-0-08:

     Re:  Budgetary Transfers

 

Be It Resolved By the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2008 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

 

8-CU-01-099-109       $11,800.00                  8-CU-01-099-103                   $1,900.00

Tax Collector S&W                                         Election S&W

                                                                        8-CU-01-141-299                   $   300.00

                                                                        Public Assist.  O.E.

8-CU-01-099-104                   $8,500.00

                                                                        Munic Clerk S&W

8-CU-01-099-119                   $   100.00

                                                                        Plan Bd S&W

8-CU-01-099-133                   $    500.00

                                                                        EOM   S&W

                                                                        8-CU-01-099-139                   $    500.00

                                                                        Recreation S&W

                                                                       

8-CU-01-099-142       $55,400.00                  8-CU-01-099-134                   $40,000.00

CCO   S&W                                                    Bd of Health S&W

                                                                        8-CU-099-144                                    $4,000.00

                                                                        Elect. Insp S&W

                                                                        8-CU-099-145                                    $5,000.00

                                                                        Plumb Insp. S&W

                                                                        8-CU-01-099-106                   $6,400.00

                                                                        Finance S&W 

 

8-CU-01-099-142       $5,500.00                    8-CU-01-146-201                   $ 3,000.00

CCO   S&W                                                    Telephone

                                                                        8-CU-01-120-276                   $ 2,500.00

                                                                        Bd of Adj.  O.E.

                                                                       

8-CU-01-136-256       $19,000.00                  8-CU-01-219-301                   $11,000.00

Sanitation                                                         Insurance- reimb.

                                                                        8-CU-01-134-299                   $ 1,000.00

                                                                        Bd of Health O.E.

                                                                        8-CU-01-142-261                   $ 7,000.00

                                                                        CCO   O.E.

 

8-CU-01-201-237       $ 2,200.00                   8-CU-01-099-201                   $ 2,200.00

Munic Court O.E.                                             Munic Court S&W

 

8-CU-01-104-221       $3,400.00                    8-CU-01-101-221                   $3,400.00

Munic Clerk O.E.                                             Admin O.E.

 

8-CU-01-099-124       $32,000.00                  8-CU-01-125-263                   $32,000.00

Police S&W                                                     Police Car       

 

            On entertainment of the Mayor, Councilmen Pettet 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 November 2008    NONE.

                                               

4.   Municipal Court Report for November 2008   

                                                                                               

5.   Welfare Report for November 2008  -  NONE.

 

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

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

 

 

 

___________________________

                Daniel Mahler

                      Mayor

 

 

   Engineer:

 

            The Borough Engineer reported on items on the agenda.

 

   Administrator:

 

            The Borough Administrator reported on working on the budget.  The Governor is reducing the pension.  It helps one year and hurts the next year.  One road department employee left and we will not be filling the position.  The price for rock salt went up and we need to put it down for safety.  Other towns are mixing it with sand but it becomes a problem to clean up and you will slide on it.  The Lakeland football team did well.  Lakeland Chorale performed at Carnegie Hall and they will be having a concert at Saint Francis on Friday at 7:00 P.M. and Saturday also.

                       

   Attorney:

           

            The Borough Attorney reported on items on the agenda.

 

COMMUNICATIONS:

 

   Letter from Michael Rubin, Esq.:

     Re:  Venezia Lane  

 

            Should file the application with the appropriate board for development.

           

NEW BUSINESS:

 

   2009 Re-Organization Meeting Date:

    

            The Mayor said the meeting will be held on January 1, 2009 at 12:00 P.M. in the Municipal Building.

 

Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

            Held prior to the meeting.

 

UNFINISHED BUSINESS:

 

  Wanaque Valley Regional Sewerage Authority Status:

 

            No change in the status.

 

  Status of US Aluminum Investigation:

 

            Previously discussed.

 

RESOLUTIONS:

 

   Resolution #180-0-08:

     Re:  Award Bid - Ambulance

 

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

            WHEREAS, the Borough of Wanaque advertised for and received bids on December 2, 2008 for one 2009 Ambulance; and

WHEREAS, one bid was received from NJEV, 2201 Atlantic Avenue, Manasquan, N.J. 089736 in the amount of $163,900, and

            WHEREAS, the Borough Administrator has reviewed the bid of NJEV and finds it to be responsive and responsible.

            NOW, THEREFORE, BE IT RESOLVED that a contract for the purchase of one 2009 Ambulance be and is hereby awarded to NJEV, New Jersey Emergency Vehicles, 2201 Atlantic Avenue, Manasquan, N.J. 08736 at the bid amount of $163,900; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available upon the adoption of ordinance 22-0-08.

 

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

 

   Resolution #181-0-08:

     Re:  Award State Contract – 2009 Dodge Durango – Police Department

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

                       

            BE IT RESOLVED that a contract be awarded to Warnock Fleet, 175 Route 10, East Hanover, N.J. for one (1) 2009 Dodge Durango, Police Package at the total price of $29,956.30 under State Contract number A70852; and

            BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 8-CU-01-125-263.

 

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

 

   Resolution #182-0-08:

     Re:  Payment to Applied Landscape Technologies – Addice Park/Wanaque School

            Field Improvements in the amount of $173,212.99

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

 

BE IT RESOLVED that payment be made to Applied Landscape Technologies for Addice Park in the amount of $173,212.99.

           

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

 

   Resolution #183-0-08:

     Re:  Approve Part Time Telecommunications Operator – Jason Ottilo, 538 Ringwood

             Avenue, Wanaque

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

           

BE IT RESOLVED that Jason Ottilo, 538 Ringwood Avenue, Wanaque, New Jersey be and he is hereby appointed as a Part Time Public Safety Telecommunicator effective immediately at minimum wage during training and $17.13 per hour after training is complete.

 

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

 

   Resolution #184-0-08:

     Re:  Approve Part Time Telecommunications Operator – Joseph Gallup, 33 Riverside

             Drive, Oakland

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

           

BE IT RESOLVED that Joseph F. Gallup, 33 Riverside Drive, Oakland, New Jersey be and he is hereby appointed as a Part Time Public Safety Telecommunicator effective immediately at minimum wage during training and $17.13 per hour after training is complete.

 

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

 

   Resolution #185-0-08:

     Re:  Over the Limit under Arrest 2008 Year End Crackdown

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

 

OVER THE LIMIT UNDER ARREST 2008 YEAR END CRACKDOWN

 

            WHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 each year; and

            WHEREAS, 28% of motor vehicle fatalities in New Jersey are alcohol related; and

            WHEREAS, a 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 several counties to participate in the Over the Limit Under Arrest 2008 Year End Crackdown; and

            WHEREAS, the project will involve increased impaired driving enforcement from December 8, 2008 through January 2, 2009; 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 Wanaque Police Department declares it’s support for the Over the Limit under Arrest 2008 Year End Crackdown from December 8, 2008 through January 2, 2009 and pledges to increase awareness of the dangers of drinking and driving.

           

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

 

   Resolution #186-0-08:

     Re:  Cancel Stale Dated Checks

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

 

WHEREAS, there exists several stale dated checks for the

Borough of Wanaque  which remain outstanding as of December 8, 2008:

WHEREAS, it is therefore necessary to formally cancel these

stale dated checks to surplus:

            NOW, THEREFORE, BE IT RESOLVED that the following

Checks be canceled:

 

            CURRENT FUND:

           

                        CHECK#221317 – Dated 10/1/07                 

                                                                        TOTAL            $1,005.82

 

            PAYROLL:

 

                        CHECK#1541 – Dated 11/2/07                      787.60

                        CHECK#49214 – Dated 12/28/07                  476.02

                                                                        TOTAL        $1,263.62           

 

                        GRAND TOTAL OF CHECKS:  $2,269.44

           

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

 

   Resolution #187-0-08:

     Re:  Cancel $17,500.00 – Smart Growth Grant

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

 

WHEREAS, a receivable balance of $17,500.00, entitled Smart Growth Grant remains open in the 2008 Municipal Budget and will expire on December 31, 2008, and

WHEREAS, it is necessary to formally cancel the anticipated revenue and its offsetting appropriation.

NOW THEREFORE, BE IT RESOLVED, that the following revenue and appropriation balances be cancelled:

 

Smart Growth Grant-Anticipated Revenue                                            $ 17,500.00

Smart Growth Grant-Operating Expense                                               $ 17,500.00

 

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

 

   Resolution #188-0-08:

     Re:  Chapter 159 – Recycling Tonnage Grant - $4,761.43

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

 

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

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

            NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque, in the County of Passaic, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an Item of Revenue in the Budget for the year 2008 in the sum of $4,761.43

            BE IT FURTHER RESOLVED, that a sum of $4,761.43 is hereby appropriated under the caption of:

 

            RECYCLING TONNAGE GRANT……………………..$4,761.43

 

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

 

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

 

   Resolution #189-0-08:

     Re:  Chapter 159 – Clean Community Grant - $1,045.96

 

            On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved that,

           

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

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

            NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque, in the County of Passaic, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an Item of Revenue in the Budget for the year 2008 in the sum of $1,045.96

            BE IT FURTHER RESOLVED, that a sum of $1,045.96 is hereby appropriated under the caption of:

 

            CLEAN COMMUNITIES GRANT……………………..$1,045.96

 

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

 

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

 

   Resolution #191-0-08:

     Re:  Temporary Regulations – Parking Bergen Avenue and Decker Road

 

            Held.

 

FINANCE REPORT:

           

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

 

            Vouchers:

 

CURRENT 2008                                                                         $274,205.66

 

CURRENT PREPAID                                                                      9,024.58

 

WATER OPERATING 2007                                                          31,246.84

 

WATER OPERATING 2008                                                          28,914.37

 

WATER PREPAID                                                                              216.03

 

GENERAL CAPITAL                                                                       6,865.00

 

WATER CAPITAL                                                                           8,123.16

 

ESCROW BOOKKEEPER                                                               1,465.02

 

PUBLIC ASSISTANCE                                                                    8,622.00

 

RECREATION TRUST                                                                    8,292.00

 

UNEMPLOYMENT/DISABILITY                                                  5,943.12

 

OPEN SPACE                                                                                    1,692.00

 

ANIMAL TRUST                                                                    __           10.80 ___  

                                                                  

                                                          TOTAL VOUCHERS         $384,620.58

 

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

APPROVED:  December 8, 2008

 

___________________________

                Daniel Mahler

                      Mayor

 

Payrolls:

           

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

                                   

                                    Payroll #23                   p/e 11/14/08                   $202,447.95

 

                                    Payroll #24                   p/e 11/28/08                   $202,607.23_

                                                                   

                                                                           Payroll Total               $405,055.18

 

                                                                     GRAND TOTAL              $789,675.76

 

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

APPROVED:  December 8, 2008

 

________________________________

                     Daniel Mahler

                           Mayor

 

ADJOURNMENT:

 

On entertainment of the Mayor, Councilman Pettet and Councilwoman Cisco moved a motion to adjourn the meeting.

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 10:55 P.M.

 

 

___________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk