MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

 

MINUTES

 

February 11, 2008

 

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, February 11, 2008, at 8:00 P.M. in the Wanaque Municipal Building.

 

The Mayor called the meeting to order.

 

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

 

PRESENTATION:   Volunteer of the Year Award – Karen Branciforte

 

            The Mayor, JoAnne Dandrea and Walter White of the Recreation Commission presented a plaque to Karen Branciforte.

 

PROCLAMATIONS:

 

   Read Across America:

 

            The Mayor read the following Proclamation:

 

                                                                "Read Across America"

                                                                March 2, 2008

 

WHEREAS, the citizens of Wanaque stand firmly committed to promoting reading as the catalyst for our student’s future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and

WHEREAS, Wanaque has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well being and long term quality of life; and

WHEREAS, NEA’S Read Across America, a national celebration of reading on March 3, 2008, which would have been the 104nd birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and

WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, Saturn-UAW, and their local affiliates across the state to promote reading and adult involvement in the education of our community’s students;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council calls on the citizens of The Borough of Wanaque to assure that every child is in a safe place reading together with a caring adult on March 3, 2008;

AND BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA’s Read Across America and Read Across America-NJ, and recommits our community to engage in programs and activities to make America's children the best readers in the world.    

 

MINUTES:

 

Re-Organization Meeting of January 2, 2008, Regular Meeting of January 14, 2008 and Special Meeting of January 29, 2008.

 

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion to approve the Minutes of January 2, 2008.

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

 

On entertainment of the Mayor, Councilman O’Connell and Councilwoman Cisco moved a motion to approve the Minutes of January 14, 2008.

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

 

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion to approve the Minutes of January 29, 2008.

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

 

ORDINANCES:

 

   Public Hearing of Ord. #1-0-08:

     Re:  An Ordinance to amend Chapter 113 entitled “Wood Furnaces Outdoor”

 

            On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion that Ordinance #1-0-08 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 THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 113 ENTITLED “WOOD FURNACES OUTDOOR”.

 

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.

Dawn Thompson, 129 Doty Road, Haskell read a letter regarding the outdoor furnace ordinance.

The Borough Administrator said we’re in the process of researching this.  The Borough Attorney who is not here tonight is to decide whether or not people can be grandfathered for this Ordinance.

 

            Lorin Thompson, 133 Doty Road, Haskell spoke about the outdoor furnace ordinance and have been burning wood for thirty years in the outdoor furnace which was put in two years ago.  The stack was raised and the intention is to use it year round.  Fifteen people on Doty Road burn wood also.  The County did come up and did not issue any violations.  Looking to get grandfathered in.

 

            John Maiello, 26 Rhinesmith Avenue, Wanaque said can the town measure the contamination with a device.  It might solve the problem.

 

            Scott DellaPenna, 134 Doty Road, Haskell spoke about being able to smell the smoke through the windows when they are closed.  My child has needed to use medication for the last two years to help him breathe better.  They are burning more wood than they say and we can’t use the yard.  They shouldn’t be burning twelve months a year.

 

            Keith Mitchell, 4 McKinnon Place, Wanaque spoke about having a wood burning stove and had put a chimney on it and no more smoke comes out of it than a fireplace.  Would like to be grandfathered in also.

 

            Dawn Thompson, 129 Doty Road, Haskell spoke about needing a permit to put up a shed and they shouldn’t be grandfathered in.  An inspection needs to be done.

 

            The Borough Administrator said we will meet with the appropriate officials and give the recommendations to the Borough Attorney.

 

            Dave DaSilva, 108 Monroe Street, Haskell said if you vote on the Ordinance are you grandfathering them in.

            The Borough Administrator said the Ordinance is on anything new.

 

            Keith Mitchell, 4 McKinnon Place, Wanaque spoke about not needing any permits three years ago. 

 

            The Mayor closed the Public Hearing.

 

Councilman Balunis and Councilwoman Cisco moved that,

 

            BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 113 ENTITLED “WOOD FURNACES OUTDOOR” 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. #2-0-08:

     Re:  Dissolution of Wanaque Valley Regional Sewerage Authority

 

            Held.

 

            On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion to advertise and hold the public hearing on March 10th.

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

 

   Introduction of Ord. #3-0-08:

     Re:  Appropriate $118,000 from Capital Surplus for Laura Avenue Phase II

 

            On entertainment of the Mayor, Councilmen Balunis and Pasquariello moved that Ordinance #3-0-08 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 $118,000.00 FROM  CAPITAL

SURPLUS FOR LAURA AVENUE PHASE II RECONSTRUCTION

PROJECT.

 

            On entertainment of the Mayor, Councilmen Balunis and

Pasquariello moved that,

 

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE

APPROPRIATING $118,000.00 FROM CAPITAL SURPLUS FOR LAURA AVENUE PHASE II RECONSTRUCTION PROJECT 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 10th day of March 2008, 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. #4-0-08:

     Re:  Bond Ordinance - $850,000 for Haskell Tank Rehabilitation

 

            On entertainment of the Mayor, Councilmen Balunis and Pasquariello moved that Ordinance #4-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

 

            The Clerk took from the table and read by title only as follows:   

 

BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE HASKELL WATER TANK IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $850,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

            On entertainment of the Mayor, Councilmen Balunis and

Pasquariello moved that,

 

            BE IT RESOLVED that an Ordinance entitled:  BOND

ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE

HASKELL WATER TANK IN AND BY THE BOROUGH OF

WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY,

APPROPRIATING $850,000 THEREFOR AND AUTHORIZING THE

ISSUANCE OF $650,000 BONDS OR NOTES OF THE BOROUGH FOR

FINANCING SUCH APPROPRIATION pass first reading, and that said

Ordinance be further considered for final passage and adoption at a Meeting of the Borough Council to be held on the 10th day of March 2008, 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. #5-0-08:

     Re:  Bond Ordinance – Addice Park and Wanaque School Field Improvements

 

            On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved that Ordinance #5-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

 

            The Clerk took from the table and read by title only as follows:   

 

BOND ORDINANCE PROVIDING FOR THE CONSTRUCTION AND IMPROVEMENT OF ATHLETIC FIELDS IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $1,200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,050,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

            On entertainment of the Mayor, Councilmen Pasquariello and

Balunis moved that,

 

            BE IT RESOLVED that an Ordinance entitled:  BOND

ORDINANCE PROVIDING FOR THE CONSTRUCTION AND

IMPROVEMENT OF ATHLETIC FIELDS IN AND BY THE BOROUGH

OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY,

APPROPRIATING $1,200,000 THEREFOR AND AUTHORIZING THE

ISSUANCE OF $1,050,000 BONDS OR NOTES OF THE BOROUGH

FOR FINANCING SUCH APPROPRIATION pass first reading, and that

said Ordinance be further considered for final passage and adoption at a

Meeting of the Borough Council to be held on the 10th day of March

2008, 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. #6-0-08:

     Re:  Amend Fees – Planning Board and Board of Adjustment

 

            On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that Ordinance #6-0-08 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 114, ZONING, SECTION 82 ENTITLED “FEES”.

 

            On entertainment of the Mayor, Councilmen Pasquariello and

Balunis moved that,

 

            BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE

TO AMEND THE CODE OF THE BOROUGH OF WANAQUE,

CHAPTER 114, ZONING, SECTION 82 ENTITLED “FEES” 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 10th

day of March 2008, 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.

 

            The Mayor spoke about an article in the Suburban Trends regarding Bruce Gallagher and his mother.  The Boy Scouts and Methodist Church are doing fundraising for money to help out with their situation.

 

PUBLIC DISCUSSION:

 

            The Mayor opened the Public Discussion.

 

            Sandy Lawson, 28 Haskell Avenue, Haskell spoke about the Bond Ordinance for Addice Park and should have a public hearing and the plans to show the public.

            The Borough Administrator said we should have the plans in the next two weeks.

            Sandy Lawson said I haven’t seen the final plan.  Was sent information on the building and would like to see more.  There is a resolution to proceed with the contract.  No comprehensive study was done and concerned about the impact on the taxpayers.

            The Borough Administrator explained the formula based on the percentage of ratio divided.

            Sandy Lawson said would like a study in black and white to see what would be done.  It should be listed and not sure it’s the best thing to be done.  I hope you don’t vote on this yet.  Should take a better look.

 

            Dave DaSilva, 108 Monroe Street, Haskell spoke about the sites for the building.  Donnell property excluded due to the third round COAH.  Is it definite COAH.

            The Borough Administrator spoke about clearing part of the site.  COAH rules are finalized.

            Dave DaSilva said what does the non-binding memorandum express.

            The Borough Administrator said it would allow us to do due diligence.  On the agenda is to authorize to do the request for proposal and work to satisfy the Council and community.

            Dave DaSilva said if you hire a consultant can you get out of the contract and the project not go through.  Cost just for our professionals to do the work.  Expressed concerns and again about what’s there and contamination.  It would be bad to purchase it.

            The Mayor said you live by there and would want to get it out of the ground.

            Dave DaSilva said if they start digging around don’t know what they will find.

            The Mayor said we’re interested in getting the site cleaned up.

            Dave DaSilva spoke about the board of adjustment disbanding and the board the application process is not complete.

            The Mayor said the planning board and board of adjustment put into.

            The Borough Administrator said the ordinance was introduced and get it to the secretary and be implemented.

            Dave DaSilva spoke about the schedule to vote on it in April.  The application process to need to be done.  What took so long to get the application process.

            The Mayor said there are different people and there are different ideas.  It takes time.

            Dave DaSilva said what is the status of the ordinance committee.

            The Borough Administrator said we’re working with Mr. Benecke to get the information needed.

 

            Bill Gusta, Roger Avenue, Haskell spoke about the resolution for the property on the agenda.

            The Borough Administrator said the resolution is on the agenda for approval.

 

            John Maiello, 26 Rhinesmith Avenue, Wanaque said what does “BMED” mean.

            The Borough Administrator said Bergen Municipal Fund.

            John Maiello said was First Avenue looked at for the building site.

            The Borough Administrator said there is contamination and the location is not conducive to the function.

 

            Sandy Lawson, 28 Haskell Avenue, Haskell spoke about the Donus site and do we have an approved plan.  Is it possible to do a transfer to get that property, designate that to another location.  Follow up to Mr. Maiello can the property on First Avenue be cleaned up.  How can we do that.

            The Borough Administrator said it is concrete encased.  The Department of Environmental Protection can not do anything because it is encapsulated.

            Sandy Lawson said there is nothing we can do about it. 

            The Borough Administrator said there is not much we can do with the property.  There is flooding, contamination and setbacks for the post brook and the water line runs down the middle.

 

            Grace Maiello, 26 Rhinesmith Avenue, Wanaque spoke about the ordinance for fees.  Would like the revision of the application for the public to see this before it’s adopted.

            The Mayor said it gets published in the newspaper.

            The Borough Administrator said the committee reviewed several applications and types.  Explained the process.

            Grace Maiello said it’s another impact to the residents.

 

The Mayor closed Public Discussion.

                                                                                             

CONSENT AGENDA:

 

   Application for Raffle License:

     Re:  A.W.A.R.E. A.S.A.P. – RA:684

            

   Resolution #39-0-08:

     Re:  Tax Sale Redemption Certificate #07-00173 in the amount of $229.61 to

             T. Li Chun

 

WHEREAS, a Tax Sale was held for 2006 delinquent Municipal charges on May 30, 2007, and

WHEREAS, T. Li Chun was the successful bidder for Block 311 Lot 40 for which Tax Sale Certificate #07-00173 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 $229.61 as per the certification of the Tax Collector.

 

   Resolution #40-0-08:

     Re:  Overpayment of Tax due to County Tax Board Judgment in the amount

             of  $115.92 – Block 238, Lot 4

 

WHEREAS, there exists a tax overpayment on the property listed herein due to a County Tax Board Judgment:

 

BLOCK            LOT               AMOUNT

238                     4                   $115.92

 

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $115.92 as per the certification of the Tax Collector.

 

   Resolution #41-0-08:

     Re: Overpayment of First Quarter Tax, Block 103, Lot 2.02 in the amount

            of $138.00

 

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

 

BLOCK            LOT               AMOUNT

103                    2.02               $138.00

 

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $138.00 as per the certification of the Tax Collector.

 

   Resolution #42-0-08:

     Re:  Refund of Tax overpayment on Block 200, Lot 38 in the amount of $37.55

 

WHEREAS, there exists a tax overpayment on the property listed herein for the fourth quarter of 2007:

 

BLOCK            LOT               AMOUNT

200                     38                 $37.55

 

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $37.55 as per the certification of the Tax Collector.

 

   Payment to County of Passaic:

     Re:  1st Quarter Taxes for the year 2008 in the amount of $1,632,334.04

 

   Payment to County of Passaic:

     Re:  Open Space Taxes for the 1st Quarter Year 2008 in the amount of $33,721.23

 

   Payment to County of Passaic:

     Re:  2006 and 2007 Added/Omitted Assessment in the amount of $30,577.16

 

   Payment to County of Passaic:

     Re:  2006 and 2007 Open Space in the amount of $658.65

 

   Resolution #43-0-08:

     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

 

 

Police S & W                          $40,000.00                  DPW   O.E.                 $40,000.00

7-CU-01-099-128                                                       7-CU-01-132-287

 

Munic. Clerk O.E.                    $     700.00                  First Aid Squad            $     700.00

7-CU-01-104-212                                                       7-cu-010128-291

 

Fire Prev. Bureau S&W           $  1,100.00                  Fire Dept. O.E.            $  1,100.00

7-CU-01-09-131                                                         7-CU-01-123-203

 

Munic. Clerk O.E.                    $     935.00                  Fire Dept. O.E.

7-CU-01-104-212                                                       7-CU-01-123-203       $     535.00

                                                                                    7-CU-01-123-208       $     400.00

 

Recycling                                  $  7,000.00                  Public Bldgs. O.E.       

7-CU-01-135-252                                                       7-CU-01-117-208       $  4,000.00

                                                                                                          -203           2,000.00

                                                                                                          -208           1,000.00   

 

   Resolution #44-0-08:

     Re:  Payment #2 – Mike Fitzpatrick & Sons – Pump Station - $131,795.30

 

             BE IT RESOLVED that current estimate #2 in the amount of $131,795.30 for the reconstruction of the Storms Avenue booster station be and is hereby approved to Mike Fitzpatrick & Son.

 

   Resolution #45-0-08:

     Re:  2007 Recycling Tonnage Report

 

   Resolution #46-0-08:

     Re:  Oppose revision to Wrongful Death Statute

 

WHEREAS, on January 15, 2008, legislation requiring expansion of survivor recovery in the event of wrongful death was pocket vetoed by Governor Jon Corzine; and

            WHEREAS, we are of the understanding legislation is being drafted to incorporate a cap on damages for wrongful death; and

WHEREAS, liability claims are already increasing at the rate of 10% per year;

            WHEREAS, revisions to the Wrongful Death Act will add another 5% to 10% to this cost; and

WHEREAS, under the current Wrongful Death Act, family members can already collect substantial compensation for actual losses such as medical bills and lost income as well as loss of companionship; and

            WHEREAS, revisions to the Wrongful Death Act will allow juries to award substantial additional compensation for “emotional distress”, and

            WHEREAS, without the limitations to Title 59, it would be difficult for state, county and local government to respond to wide range of emergency situation.

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that we urge the legislature to fully exempt Title 59 entities from any expansion of the Wrongful Death Act; and

            BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Senator Kevin O’Toole, Assemblyman David C. Russo, Assemblyman Scott Rumana, Governor Jon Corzine, Senate President Richard “Dick” Codey, Assembly Speaker Joe Roberts, Municipal Excess Liability Fund and the N.J. League of Municipalities.

 

   Resolution #47-0-08:

     Re:  Appoint Thomas Carroll BMED Fund Commissioner

 

BE IT RESOLVED that Thomas Carroll be and he is appointed as Wanaque’s

Fund Commissioner to the Bergen Municipal Employees Benefits Fund.

 

 

            On entertainment of the Mayor, Councilmen O’Connell 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 January 2008    NONE.

                                                

4.   Municipal Court Report for January 2008   

                                                                                               

5.   Welfare Report for January 2008  -  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

 

   Engineer:

 

 

   Administrator:

 

           

   Attorney:

           

 

COMMUNICATIONS:

 

   Letter from Wanaque Planning Board recommending that area south of Doty Road

   along Ringwood Avenue be declared “An area in need of Redevelopment”

 

            Accepted and received and filed.

 

NEW BUSINESS:

 

   Application for a Used Car Lot License:

     Re:  Ameri-Car and Truck Sales, Inc., 891 Ringwood Avenue, Haskell (Approved

             By the Police Department, Building Department and Health Department)

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

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

 

   Authorize Administrator to issue requests for proposals for:

     Re:  1) Environmental Consultant for US Aluminum site

             2) Architectural services for a needs assessment and cost estimate for a new

             Municipal building

 

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

            On roll call, all voted yes, except Councilwoman Cisco who voted no, and the Mayor declared the motion carried.

 

   Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

            Held to the end of the meeting.

 

UNFINISHED BUSINESS:

 

   By-Laws of the Wanaque Recreation Commission:

 

            Held.

 

   Mountain Lakes Estates/Lakeside Manor:

           

 

   Glen Court Repairs:

 

           

   Holiday Inn:

 

           

   Valley View:

 

RESOLUTIONS:

 

   Resolution #48-0-08:

     Re:  Payment to Ritacco Construction, Inc. for Current Estimate No. 2 and Change

            Order No. 2 for Lake Washington Dam Repairs in the amount of $143,754.75

 

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

 

BE IT RESOLVED that payment be made to Ritacco Construction, Inc. for Lake Washington Dam Repairs approving Change Order No. 2 and approving Current Estimate No. 2 in the amount of $143,754.75 in accordance with the Borough Engineers letter dated January 3, 2008.

 

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

 

  Resolution #49-0-08:

     Re:  Cancel Balances to Capital Surplus

 

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

WHEREAS, the following General Capital appropriation balances remain unexpended:

8-06                                 $81,738.87

21-05                             $  7,831.98

14-05                             $10,480.40

1-05                 $18,000.00

 

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 $118,052.25 be canceled to Capital  Surplus.

 

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

 

  Resolution #50-0-08:

     Re:  Appropriating $144,100 from Water Infrastructure Trust for Laura Avenue

             Phase II

           

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

WHEREAS, the following Water Infrastructure Trust balance remains unexpended:

 

            Water Infrastructure Fund:        $144,100.00

 

WHEREAS, it is necessary to formally cancel said balance of $144,100.00 so that it may be applied to Laura Ave. Phase II improvements;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Wanaque, that the above listed unexpended balance from the Water Infrastructure Fund  be allocated to Laura Ave. Phase II Improvements.

 

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

 

   Resolution #51-0-08:

     Re:  Temporary Capital Budget        

 

 

 

 

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

 

 

2008 TEMPORARY

BUDGET

 

 

 

 

 

 

 

WATER UTILITY

 

 

 

 

 

 

Total Appropriation

$1,478,864.00

 

   debt service

($265,864.00)

 

   capital improv

($21,000.00)

 

 

$1,192,000.00

 

 

x 26.25 %

 

Temp Budget

$312,900.00

 

 

 

 

 

 

 

 

 

CURRENT FUND

 

 

 

 

 

 

Total Appropriation

$10,637,526.78

 

    debt service

($1,147,920.50)

 

    CIF

($125,000.00)

 

    public assistance

($1,550.00)

 

    deferred charges

($42,000.00)

 

 

$9,321,056.28

 

 

x26.25 %

 

Temp Budget

$2,446,777.27

 

 

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

 

   Resolution #52-0-08:

     Re:  Approve Memorandum of Understanding – Purchase of US Aluminum site

 

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

 

RESOLUTION AUTHORIZING LETTER OF INTENT IN CONNECTION WITH THE ACQUITION OF PROPERTY KNOWN AS BLOCK 435, LOT 5 FROM US ALUMINUM

 

            WHEREAS, US Aluminum is the owner of property in the Borough of Wanaque known and designated as Lot 5 in Block 435 on the Borough Tax Map containing approximately 4.33 acres; and

            WHEREAS, the Borough of Wanaque is interested in obtaining title to the aforesaid property for municipal purposes; and

            WHEREAS, it is determined to be in the best interests of the Borough of Wanaque and its residents and for the Borough to enter into a Memorandum of Intent in anticipation of a more formal agreement between US Aluminum and the Borough of Wanaque to acquire the aforesaid property;

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque, County of Passaic, and State of New Jersey as follows:

 

1.      The Borough is hereby authorized to execute a Letter of Intent form annexed hereto;

2.      That the Honorable Daniel Mahler, Mayor and Katherine Falone, Borough of Wanaque Clerk, be hereby authorized respectively to execute the said Letter of Intent, and witness and attest thereto.

 

            On roll call, all voted yes, except Councilwoman Cisco who voted no, and the Mayor declared the motion carried.

 

   Resolution #53-0-08:

     Re:  Amend Developer’s Agreement – Valley View

 

            On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved that with amendment,

 

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

 

   Resolution #54-0-08:

     Re:  Consent Order – Vacating In Rem Tax Foreclosure – John and Sandra Kane

 

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

 

RESOLUTION AUTHORIZING THE ENTER OF A CONSENT ORDER AND EXECUTION OF A DEED RELATING TO BLOCK 444, LOT 15 OWNED BY

JOHN  E. AND SANDRA KANE

 

RESOLUTION #54-0-08

 

            WHEREAS, the Borough of Wanaque obtained a Final Judgment in an in Rem Tax Foreclosure matter entered in the Superior Court of New Jersey, Chancery Division, Passaic County Docket No: F-16517-94 on March 11, 1996; and

            WHEREAS, said Final Judgment was recorded in the Passaic County Registrar’s Office on October 3, 2003; and

            WHEREAS, prior to the recording of the Final Judgment on October 3, 2003, the Tax Sales Certificate has been redeemed, effective May 2, 1996; and

            WHEREAS, the tax Collector of the Borough of Wanaque, did in January 2005 certify that in May 1996, before the right of the property owner to redeem was cut off said John E. and Sandra Kane, did redeem the said lands by paying the taxes thereon; and

            WHEREAS, it appears that the Final Judgment aforesaid under Docket Number F-16517-94, was entered in error, as it relates to the defendant’s John E. Kane and Sandra Kane; and

            WHEREAS, in order to correct the record and error, it is appropriate to enter into a Consent Order, in the form annexed hereto vacating the Final Judgment aforesaid as it relates to said taxpayer’s and for the Borough to enter into an appropriate form of Deed conveying the right, title and interest of the Borough, to the aforesaid taxpayer’s.

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque, County of Passaic and State of New Jersey as follows:

 

1.      The Borough of Wanaque, is hereby authorized to enter into a Consent Order, in the form annexed hereto authorizing its attorney to consent thereto, vacating the Final Judgment entered in an action by the Borough of Wanaque against John E. and Sandra Kane relating to Block 444, Lot 15 which final Judgment, was recorded in the Passaic County Registrars office on October 3, 2003 in Book D-670, Page 222.

2.      The Borough of Wanaque is hereby authorized to execute a Deed to be approved by the Wanaque Borough Attorney as to form, substance and sufficiency, conveying any right, title, interest or equity, of the Borough of Wanaque, to John E. Kane and Sandra Kane with respect to block 444, Lot 15.

 

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

 

   Resolution #55-0-08:

     Re:  Appoint Donald Babcock – Certified Public Works Manager

 

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

 

            BE IT RESOLVED that Donald Babcock be and is hereby appointed as the Certified Public Works Manager for the Borough of Wanaque effective February 1, 2008 at an annual salary of $2400.00.

 

            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 2007                                                                         $119,526.40

 

CURRENT 2008                                                                           518,300.45

 

CURRENT PRE-PAID                                                                 207,524.96

 

WATER OPERATING 2007                                                          15,149.89

 

WATER OPERATING 2008                                                          25,764.72

 

WATER PRE-PAID                                                                        37,360.39

 

GENERAL CAPITAL                                                                     19,142.28

 

ESCROW BOOKKEEPER                                                             13,029.22

 

PUBLIC ASSISTANCE                                                                  11,277.00

 

RECREATION TRUST                                                                    5,142.00

 

OPEN SPACE TRUST                                                                    12,750.00

 

ANIMAL TRUST                                                                         ___  903.00___

 

                                                                  

                                                          TOTAL VOUCHERS        $985,870.31

 

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

APPROVED:  February 11, 2008

 

 

___________________________

               Daniel Mahler

                    Mayor

 

Payrolls:

           

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

                                   

                                    Payroll #01                   p/e 01/11/08                   $235,603.70

 

                                    Payroll #02                   p/e 01/25/08                   $188,400.87

 

                                    Payroll #03                   p/e 02/08/08                   $185,598.86_

                                                                   

                                                                           Payroll Total               $609,603.43

 

                                                                     GRAND TOTAL           $1,595,473.74

 

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

APPROVED:  February 11, 2008

 

________________________________

                    Daniel Mahler

                         Mayor

 

NEW BUSINESS:

 

   Closed Session:

     Re:  Negotiations/Personnel/Litigation

 

            On entertainment of the Mayor, Councilmen O’Connell and Councilwoman Cisco 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.

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.

            Councilman Pettet left.

            The Mayor said we’ll take a five minute recess – 9:20 P.M.

 

RECONVENEMENT:

 

            On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion to reconvene.

            On roll call, all were present.

           

ADJOURNMENT:

 

On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved a motion to adjourn the meeting.

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:40 P.M.

 

 

____________________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk