MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES

Regular Meeting
July 13, 2009

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, July 13, 2009, at 8:05 P.M. in the Wanaque Municipal Building.

The Mayor called the meeting to order.

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

The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 2, 2009, and a notice thereof has been posted on January 2, 2009 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.

The Mayor asked for a moment of silence for Gerri Marotta who passed away suddenly on July 1, 2009.

MINUTES:

Regular Meeting of June 8, 2009.

On entertainment of the Mayor, Councilman Pettet and Councilwoman Cisco moved a motion to approve the aforementioned Minutes.
On roll call, all voted yes, except Councilman Theoharous who abstained, and the Mayor declared the motion carried.

ORDINANCES:

Public Hearing of Ord. #12-0-09:
Re: Ordinance authorizing the purchase of real property at 1237 Ringwood Avenue

Held until the end of the meeting.

Public Hearing of Ord. #13-0-09:
Re: Amend Chapter 108 “Vehicles and Traffic”, Parking on Conklintown Road

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion that Ordinance #13-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN
ORDINANCE OF THE BOROUGH OF WANAQUE, CHAPTER 108 ENTITLED VEHICLES AND TRAFFIC, TO AMEND SCHEDULE I – NO PARKING, TO PROHIBIT PARKING ON A PORTION OF CONKLINTOWN ROAD.


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

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

Councilmen Pasquariello and Pettet moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE OF THE BOROUGH OF WANAQUE, CHAPTER 108 ENTITLED VEHICLES AND TRAFFIC, TO AMEND SCHEDULE I – NO PARKING, TO PROHIBIT PARKING ON A PORTION OF CONKLINTOWN ROAD 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. #14-0-09:
Re: Appropriating $115,000 from Recycling Trust and $65,000 from the Capital
Improvement fund for the purchase of a truck

On entertainment of the Mayor, Councilmen Theoharous and O’Connell moved a motion that Ordinance #14-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN
ORDINANCE APPROPRIATING $115,000.00 FROM RECYCLING TRUST AND $65,000.00 FROM THE CAPITAL IMPROVEMENT FUND FOR THE PURCHASE
OF A TRUCK.

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

The Mayor opened the Public Hearing.

Dave DaSilva, 108 Monroe Street, Haskell said how much does this leave us in the recycling trust and the capital improvement fund.
The Borough Administrator said the recycling trust has about ten thousand dollars left in it, the capital improvement fund assuming the budget will be adopted tonight will be around two hundred fifty thousand dollars.
Dave DaSilva said what is the total price of the vehicle.
The Borough Administrator said it will be approximately $180,000.00.
Dave DaSilva said and that’s new correct.
The Borough Administrator said yes.
Dave DaSilva which vehicle is this replacing.
The Borough Administrator said the red international truck.
Dave DaSilva said what year is that.
The Borough Administrator said 1983.
Dave DaSilva said did we consider buying something used as opposed to buying something new.
The Borough Administrator said for this purpose in our experience with some used garbage trucks we’ve had some good luck and some bad luck. To go out and buy a dump truck, something that is going to plow, something that is going to give us a long life and do the job for us I’m a little hesitant about that.
Dave DaSilva said what is the anticipated service life of something like that.
The Borough Administrator said twenty to twenty five years.
Dave DaSilva said is that what we’re projecting on the capital expense.
The Borough Administrator said this is all cash.
Dave DaSilva said okay thanks.

The Mayor closed the Public Hearing.

Councilmen Pasquariello and O’Connell moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE
APPROPRIATING $115,000.00 FROM RECYCLING TRUST AND $65,000.00 FROM THE CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A TRUCK pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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


Introduction of Ord. #15-0-09:
Re: Dissolve Wanaque Borough Sewerage Authority

On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that Ordinance #15-0-09 be taken from the table and read by the Clerk, by title only, for consideration of first reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE OF THE BOROUGH OF WANAQUE PROVIDING FOR THE DISSOLUTION OF THE WANAQUE BOROUGH SEWERAGE AUTHORITY.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE OF THE BOROUGH OF WANAQUE PROVIDING FOR THE DISSOLUTION OF THE WANAQUE BOROUGH SEWERAGE AUTHORITY pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 14th day of September 2009, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

On roll call, all voted yes, Councilman Balunis voted yes but I think we need more discussion on this to look at all the aspects of how it’s going to be handled on our end and all the repercussions of doing this and the Mayor declared the motion carried.

Introduction of Ord. #16-0-09:
Re: Dissolve the Wanaque Valley Regional Sewerage Authority

On entertainment of the Mayor, Councilmen Balunis and Theoharous moved that Ordinance #16-0-09 be taken from the table and read by the Clerk, by title only, for consideration of first reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN
ORDINANCE DISSOLVING THE WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY, COUNTY OF PASSAIC, STATE OF NEW JERSEY.


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

 

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE DISSOLVING THE WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY, COUNTY OF PASSAIC, STATE OF NEW JERSEY pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 14th day of September 2009, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

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

The Mayor read a statement regarding the Budget.

PUBLIC HEARING ON THE 2009 CURRENT AND WATER UTILITY BUDGET AMENDMENT:

The Mayor opened the Public Hearing.

Dave DaSilva, 108 Monroe Street, Haskell said in reference to the miscellenaous revenues that you were told to show in the budget now including the cable tv franchise fee, etc. why would you not have included that to begin with.
The Borough Administrator said that historically had been held as, it went right into surplus.
Dave DaSilva said so you didn’t show it anywhere in the budget.
The Borough Administrator said it never was even before I came to work here. It has always been put on as a miscelleaonsd revenue not anticipated and went right into surplus.
Dave DaSilva said and there was no reason to do it or not do it. It just is the way it has been.
The Borough Administrator said it’s the way it has been. And now while we take a double hit this year next year we actually will lose thirty six thousand dollars in surplus.
Dave DaSilva said is that the actual amount that Cablevision gives the Borough.
The Borough Administrator said yes.
Dave DaSilva said on page two under appropriations there are a whole bunch of changes some a couple thousand dollars some a little bit more than that. Where did you get that money from and what items were cut. It is under other expenses and it is a little difficult to figure out what that is.
The Borough Administrator said postage and copy paper, equipment, conferences, purchase of equipment, gas utility, various lines were cut. Some were cut five hundred dollars, some were two hundred fifty dollars and some were three thousand dollars. It was just a matter of making as many cuts as we felt we could sustain and continue operations.
Dave DaSilva said if I wanted that list you could provide me with that.
The Borough Administrator said yes.
Dave DaSilva said finally I just want to comment on something I touched on last month as I showed each of you on the chart I created there are a bunch of items that I believe should be zeroed out. Just because a department was getting “x” amount of dollars but not using all that money we shouldn’t continue to give them the exact same amount of money that they are not using or increasing. I am looking forward to a time where you actually bring the budget back to what’s being used and have a little bit of a surplus as opposed to continuing to carry the amounts appropriated each year even though that department is providing the services they’re supposed to provide to the residents of the town but not using all of that money and I think we should bring it back to what we are actually spending with the percentage surplus built in as opposed to just continuing to roll that amount over and over and over.
The Mayor said and that’s what a lot of these expenses were.
Dave DaSilva said okay thanks.

Kenneth Ambruster, 6 Gardella Place, Haskell said why are you cutting the First Aid Squad. I’m sure their expenses are going up. Why are we cutting them three thousand dollars. I don’t think that’s fair.
The Borough Administrator said every department received a reduction. From the Golden Agers to the Fire department to the First Aid Squad to the Road department to the Health department. We needed to come down to a point of making the budget Cap and every department saw reductions.

The Mayor closed the Public Hearing.

ADOPTION OF THE 2009 CURRENT AND WATER UTILITY BUDGETS –
Resolution #117-0-09:

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

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2009. It is hereby certified that the Budget and Capital Budget annexed hereto and hereby made a part hereof is a true copy of the Budget and Capital Budget approved by resolution of the Governing Body on the 13th day of July, 2009 and that public advertisement will be made in accordance with the provisions of N.J.S. 40A:4-6 and N.J.A.C. 5:30-4.4(d). Certified by me, this 13th day of July, 2009, Katherine J. Falone, Clerk. It is hereby certified that the approved Budget annexed hereto and hereby made a part is an exact copy of the original on file with the Clerk of the Governing Body, that all additions are correct, all statements contained herein are in proof and the total of anticipated revenues equals the total of appropriations. Certified by me, this 13th day of July, 2009, Charles J. Ferraioli, Jr., Registered Municipal Accountant, Certified by me, this 13th day of July, 2009, Mary Ann Brindisi, Chief Financial Officer.

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

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2009:
BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2009;
BE IT FURTHER RESOLVED, that said Budget be published by summary only in the Suburban Trends in the issue of April 26, 2009;
The Governing Body of the Borough of Wanaque does hereby approve the following as the Budget for the year 2009:


RECORDED VOTE: Ayes: O’Connell Nays: Balunis
Pasquariello Cisco
Pettet
Theoharous Abstained: NONE

Absent: NONE

Notice is hereby given that the Budget and Tax Resolution was approved by the Governing Body of the Borough of Wanaque, County of Passaic, on April 20, 2009.
A Hearing on the Budget and Tax Resolution will be held at the Municipal Building, on June 8, 2009 at 8:00 P.M. at which time and place objections to said Budget and Tax Resolution for the year 2009 may be presented by taxpayers or other interested persons.

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

COMMITTEE REPORTS: (Work Meeting)

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

Kenneth Ambruster, 6 Gardella Place, Haskell said why are you taking the property off the tax rolls.
The Mayor said the County is to lease the property.
Kenneth Ambruster said what are the taxes.
The Borough Attorney said fourteen thousand dollars and it will bring services to the town and help out with jobs and services. There is a meeting the latter part of this week. The net is fourteen thousand dollars and the Borough gets two thousand dollars.
Kenneth Ambruster said will you sign a long term lease.
The Borough Attorney said hopefully it will be long term and hopefully it is transpiring this week.
Kenneth Ambruster said the phase II of Ringwood Avenue which was done the manholes are sinking and keep patching the road and hope the next contractor will do a better job.

Ed Marsh, 12 Greenwood Avenue, Haskell said passed a letter out regarding memorial day the flag not being at half mast. The town disrespected the veterans on the holiday. Members of Post 246 request letter of reprimand to be put in the file or more should be done to the Administrator. The commanders should have keys for the flag pole.
The Borough Administrator said the key is not needed to lower or raise the flag.
Ed Marsh said why was it not done.
The Borough Administrator said the employee did not do it who was supposed to do it. It was an inadvertent mistake.

Ted Luciani, Commander VFW Post 4765 said I have a hard feeling for the flag not being lowered and lights on the flag pole.
The Borough Administrator said one bulb is burned out and two lights filled up with water. Two lights on the building are on now.
Ted Luciani said the flags should be at half mast at the post office.
Councilman Balunis said it happened years ago also. I thought it would be done and make sure it gets done in the future.
Councilman Pettet said we made an error and I speak for all of us that we do honor and support you all.

Sandy Lawson, 28 Haskell Avenue, Haskell said regarding the Pulte sales office how much contribution has the town received from Pulte.
The Borough Administrator said two hundred fifty thousand dollars for the Fire Truck, cash, construction of the fields, Warren Hagstrom, pump station about one million, built a three hundred thousand dollar gallon tank for detention systems, sewer connection fees, 3.8 million dollar upgraded plant saved sewer users, sixty dollars per user.
Sandy Lawson said contribution to sewer and purchase of building contingent upon the County purchasing the building.
The Borough Administrator said two hundred thousand dollars additional money negotiated through with them. The Bond Ordinance for the fire truck two hundred fifty thousand went to the truck.
Sandy Lawson said how much additional money was contributed to COAH.
The Borough Administrator said 1.2 million dollars roughly.
The Mayor said it would be a long term deal and contingent on the County purchasing it.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque said get a waiver for the sewer line concerned there is a major line going through there. If we don’t purchase it did Pulte purchase a waiver for the sewer line.
The Borough Attorney said the easement is being prepared by Jeffrey Kassover and the Wanaque Borough Sewer Authority pipe that is being part of the discussions ongoing.

Dave DaSilva, 108 Monroe Street, Haskell said should renegotiate the contract and possibly limit the use to Borough use and radius please consider that. What is the status of the lease with the DOT for the sign by Dunkin Donuts.
The Mayor said there are funds available and we’re looking at that.
Dave DaSilva said the bricks for the funds for the sign to be transferred to the site. How much money is there.
The Borough Administrator said about four thousand dollars.
Dave DaSilva said what is the status of the flooding on Second Avenue.
The Borough Administrator said there is eighty thousand dollars to go to the Freeholders and go to award land approval notice of award by the County for the balance.
Dave DaSilva said what is the impact to the residents by accepting the grant money.
Councilwoman Cisco said the homeowner came to the meeting and was happy to see that.
Dave DaSilva said is there any headway with Arrow Group to redirect the drainage.
The Borough Administrator said we reach out every so often and keep trying will follow up with the higher ups.
Dave DaSilva said the weeds by ValleyView got out of control again.
The Mayor said Jeff calls and cuts the weeds.
Dave DaSilva said during the wind the other day the for sale signs were blowing around. In the budget what is the purchase of water from Ringwood.
The Borough Administrator said we did not use the water it’s possible we may spend the money but the numbers are down due to the wet month.
Dave DaSilva said the water reporting quarters ago.
The Borough Administrator said the former water treatment operator failed to make the second quarter reports.
Dave DaSilva said I can’t say the water was safe.
The Borough Administrator said the State requires us to make the notification.
Dave DaSilva said regarding the Haskell Town Center and the pilot program how much money is in the account.
The Borough Administrator said the money is in a trust account and I can’t tell you right now.
Dave DaSilva said what is the pilot amount.
The Borough Administrator said seventy six thousand dollars minimum amount of pilot.
Dave DaSilva said how do you account for spending money for revenue in the budget.
The Borough Administrator said I have to check with the auditor.
Dave DaSilva said when will it be in the audit to see if they qualify for the pilot program.
The Borough Administrator said I’m sure the auditor looked at it.
Dave DaSilva said is it something you can find out for me.
The Borough Administrator said sure.

The Mayor closed the Public Discussion.
CONSENT AGENDA:

Resolution #118-0-09:
Re: Redemption of Lien 07-00176 for Block 432, Lot 5 in the amount of $22,138.33
WHEREAS, a Tax Sale was held for 2006 delinquent Municipal charges on May 30, 2007, and
WHEREAS, Park Finance, LLC was the successful bidder for Block 432 Lot 5 for which Tax Sale Certificate #07-00176 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 $22,138.33 as per the certification of the Tax Collector.

Two (2) Applications for Raffle Licenses:
Re: West Milford Midget Football Association RA:710 and RA:711

Resolution #119-0-09:
Re: Support A-2690 – Allow Civil Service Communities to utilize alternate route
¬police recruits

WHEREAS, Assembly Bill 2690 proposes authorizing the State Parole Board to hire alternate route trained police officers, which represents a significant cost savings; and
WHEREAS, it would be advantageous and cost effective to authorize Civil Service Commission regulated towns to take advantage of this monumental cost-savings hiring practice;
NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of Wanaque respectfully suggests that A-2690 be amended to provide for the following:

Mandating an exemption from standard civil service testing and certification processes allowing regulated police agencies to hire successful alternate route candidates.

Mandating successful alternate route candidates to be granted a one-year civil service test exemption.

Implement a one-year working test period for employed candidates; after which they would be classified full-time employees.

All other civil service rules and regulations would apply to these candidates.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the bill sponsor Assemblyman Gordon M. Johnson, Senate President Richard J. Codey, State Senator Kevin O’Toole, and Assemblyman David Russo and Scott Rumana.

On entertainment of the Mayor, Councilmen Pasquariello and Pettet 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 June 2009 NONE.

4. Municipal Court Report for June 2009

5. Welfare Report for June 2009 - NONE.

On entertainment of the Mayor, Councilmen Theoharous and Pettet moved that reports be received and filed; and that all monies be turned over to the Treasurer.
On roll call, all voted yes, and the Mayor declared the motion carried.

 

___________________________
Daniel Mahler
Mayor

Administrator:

Engineer:

Attorney:

COMMUNICATIONS: None.

NEW BUSINESS:

Approval of 2009/2010 Liquor License Renewals – Resolution #120-0-09:
1. Berta’s Chateau 2. Roar of the Crowd

On entertainment of the Mayor, Councilmen O’Connell and Pasquariello moved that,
BE IT RESOLVED, that the Mayor and Council of the Borough of Wanaque do hereby approve through this Resolution the following Liquor License Renewals for the year 2009/2010:

1. Santina and Peter Berta, Inc. – t/a Berta’s Chateau
2. DMN Horizons, LLC – t/a Roar of the Crowd

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

Business Meeting – August 10, 2009 – 7:00 P.M.:

On entertainment of the Mayor, Councilmen Pettet and O’Connell moved a motion to approve the aforementioned business meeting.
On roll call, all voted yes, and the Mayor declared the motion carried.

Closed Session:
Re: Litigation / Negotiation / Personnel

Held to the end of the meeting.

UNFINISHED BUSINESS:

Status of US Aluminum Investigation:

There are investigations still going on for the site. We have a meeting with them on Thursday.

RESOLUTIONS:

Resolution #121-0-09:
Re: Professional Services – Fred Suljic, P.P. – Dykstra Associates – Module 4 and 5 –
Highlands Conformance - $5,000.00

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

WHEREAS, Fred Suljic, PP was appointed a Borough Planner on January 1, 2009; and
WHEREAS, Fred Suljic and his firm, Dykstra Associates wish to prepare Modules 4 and 5 of the 2009 Plan Conformance Grant Program-Current Municipal Conditions and Build-Out Analysis.
NOW, THEREFORE, BE IT RESOLVED that the Mayor be and he is authorized and directed to execute an agreement with Fred Suljic, PP in an amount not to exceed $5,000 for the above described work; this being a professional service exempt from public bidding in accordance with N.J.S.A. 40A:11-5 et. seq; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the Highlands Council Grant Account 9-CU-06-217-000;
BE IT FURTHER RESOLVED that the Borough Clerk be authorized to place a notice of this action in the Suburban Trends.


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

Resolution #122-0-09:
Re: Professional Services – Art Bernard, P.P. – Module 3, Housing Element and Fair
Share Plan - $20,000.00

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

WHEREAS, the Borough of Wanaque wishes to comply with the Highlands Act with regards to low and moderate income housing requirements, as outlined in Module 3 of Plan Conformance; and
WHEREAS, the Borough of Wanaque has received a proposal from Bernard and Nebenzahl, P.C. to prepare a housing element under Module 3; and
WHEREAS, this is a professional service exempt from public bidding under N.J.S.A. 40A:11-5 et. seq.;
NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to Bernard and Nebenzahl, P.C., 40 Brunswick Woods Drive, East Brunswick, New Jersey 08816 in an amount not to exceed $20,000 as per their proposal dated June 22, 2009; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the Planning Board Operating Budget Account 9-CU-01-119-000;
BE IT FURTHER RESOLVED that the Borough Clerk be authorized to place a notice of this action in the Suburban Trends.

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

Resolution #123-0-09:
Re: Release of Mortgage – Small Cities Program – 4 Park Avenue, Haskell

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that,
WHEREAS, Leonard B. Till, 4 Park Avenue, entered into a Wanaque Small Cities Housing Rehabilitation Project Mortgage on December 22, 1999; and
WHEREAS, the estate of Leonard B. Till wishes to pay off said mortgage, the amount due being $954.50.
NOW, THEREFORE, BE IT RESOLVED the Mayor be and he is authorized and directed to execute a release of said mortgage upon the Borough receipt of $954.50.

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

Resolution #124-0-09:
Re: Vehicle Use Policy

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

Overview

The Borough of Wanaque maintains a fleet of vehicles for use by employees in conducting official Borough business. Individual employee assignment of this fleet is determined by the Borough Administrator or Police Chief, as applicable. The fleet includes all vehicles designated for police, fire, construction code, fire prevention and public works use.

Purpose

To outline the appropriate usage of Borough owned vehicles used for business and/or commutation purposes.

Procedure

It is the policy of the Borough of Wanaque that personal use of any Borough vehicle is strictly prohibited, unless authorized by a separate agreement approved by the Mayor and Council.

All Borough vehicles, other than Police may not be driven outside the boundaries of the Borough and contiguous communities unless on official Borough business or prior authorization is obtained from the Borough Administrator. All other uses shall be confined to within ten (10) miles of Borough Hall.

Due to likelihood of having to respond to emergency incidents after hours the following vehicles are hereby assigned to the following positions, who shall be allowed to use them for commutation purposes:

Vehicle # Type Assignment
569 Ford Crown Vic. Police Capt. (K-9)
540 Ford Explorer Fire Chief
540A Dodge Durango Asst. Fire Chief
Ford Explorer Fire Official

If the commutation involves commuting to an employment other than the Borough of Wanaque the individual utilizing the vehicle must be able to respond to emergencies during the course of that employment, and must not be more than ten miles from the Borough.

Maintenance of Vehicle

It shall be the responsibility of each individual assigned a full-time Borough vehicle to make sure that it is well-maintained and running efficiently. That includes scheduling manufacturer recommended fluid changes and any other preventative or normal maintenance through the Superintendent of Public Works.

All employees assigned a vehicle for their daily use, are to note any problems with the vehicle and inform their immediate supervisor so that the problem can be addressed.
Any vehicle sustaining damage no matter how insignificant is to report that damage to the Borough Administrator and if required contact the Police Department to file an accident report.

Failure of employees to comply with the Borough Vehicle Use Policy may be grounds for disciplinary action.

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

Resolution #125-0-09:
Re: Supporting Over the Limit Under Arrest 2009 Statewide Crackdown

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

WHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day and almost 18,000 people each year; and
WHEREAS, 26% of motor vehicle fatalities in New Jersey are alcoholic-related; and
WHEREAS, a enforcement crackdown is planned to combat impaired driving; and
WHEREAS, the end of summer season is traditionally a time of social gatherings which often include alcohol; and
WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the State to participate in the Over the Limit Under Arrest 2009 Statewide Crackdown; and
WHEREAS, the project will involve increase impaired driving enforcement from August 21st through September 7, 2009; and
WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways;
NOW, THEREFORE, BE IT RESOLVED that Wanaque Borough declares it’s support for the Over the Limit Under Arrest 2009 Statewide Crackdown from August 21st through September 7, 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.

FINANCE REPORT:

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

Vouchers:

CURRENT PREPAID $ 11,830.31

CURRENT 2008 394.32

CURRENT 2009 273,826.19

WATER OPERATING PREPAID 1,116.04

WATER OPERATING 2009 $ 82,673.91

WATER CAPITAL 11,442.39

GENERAL CAPITAL 10,069.76

ESCROW 1,075.00

PUBLIC ASSISTANCE 10,675.08

RECREATION TRUST 5,200.00

RECYCLING TRUST 1,214.86

ANIMAL TRUST ________18.00______


TOTAL VOUCHERS $409,535.86

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: July 13, 2009

___________________________
Daniel Mahler
Mayor

Payrolls:

Councilmen Pettet and Theoharous moved a resolution approving the following payrolls:
Payroll #12 p/e 6/16/09 $205,808.90

Payroll #13 p/e 6/30/09 $197,044.02

Payroll #14 p/e 7/13/09 $200,000.00_

Payroll Total $602,852.92

GRAND TOTAL $1,012,388.78

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: July 13, 2009

________________________________
Daniel Mahler
Mayor

NEW BUSINESS:

Closed Session:
Re: Negotiations / Personnel / Litigation

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell 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) Contract negotiations with Pulte, negotiation and personnel.
3. The Mayor and Council shall release and disclose to the general public the
discussion and actions taken on the subject matter of the above mentioned closed session when the reasons for discussing and acting on the matter in closed session no longer exist, but no later than one month of the Mayor and Council arriving at a final decision on the specified subject matter.

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

RECONVENEMENT:

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to reconvene.
On roll call, all were present.

Public Hearing of Ord. #12-0-09:
Re: Ordinance authorizing the purchase of real property at 1237 Ringwood Avenue

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion that Ordinance #12-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO ACQUIRE REAL PROPERTY LOCATED AT BLOCK 448, LOTS 16.01 AND 16.02, 1237 RINGWOOD AVENUE AND PROVIDING FOR THE PAYMENT THEREOF.

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

The Mayor opened the Public Hearing.

Dave DaSilva, 108 Monroe Street, Haskell said what is the purchase price.
The Mayor said it is a five year assessment for a ten year lease.
Dave DaSilva said what is the current price.
The Borough Administrator said five hundred ten thousand dollars total.
Dave DaSilva said what is the three hundred ten thousand dollars.
The Borough Administrator said it’s in the Ordinances.
Dave DaSilva said what are the other issues before the purchase.
The Borough Attorney said there are other issues and we need to speak to social services.
Dave DaSilva said what is the cost to the Borough for owning it.
The Borough Attorney said the board has to negotiate with them for basic maintenance, cutting grass and other things.
Dave DaSilva said are there any insurance concerns.
The Borough Administrator said no.
Dave DaSilva said when is the closing.
The Borough Attorney said it will be thirty days before we have that number. I would say sixty days is appropriate.
Dave DaSilva said what are you voting on tonight.
The Borough Administrator said to put the funding in place. There is no money spent.
Dave DaSilva said is there going to be an official resolution for the debt to forgive that debt.
The Borough Administrator said yes.
Dave DaSilva said we wouldn’t want to be holding that debt.

The Mayor closed the Public Hearing.

Councilmen Pettet and Pasquariello moved that,

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

ADJOURNMENT:

On entertainment of the Mayor, Councilmen Pettet and Pasquariello moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 10:00 P.M.

_____________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk