MAYOR AND COUNCIL MEETING
BOROUGH OF WANAQUE
MINUTES
Regular Meeting
May 12, 2008
A Regular Meeting of the Mayor and Council of the
Borough of Wanaque was held on Monday, May 12, 2008,
at 8:00 P.M. in the
The Mayor called the meeting to order.
On roll call, the following Council Members responded: Balunis, Cisco, Pasquariello and Pettet. Councilmen O’Connell and Theoharous were absent. 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.
MINUTES:
Regular Meeting of April 14, 2008.
On entertainment of the Mayor, Councilwoman Cisco and Councilman Balunis moved a motion to approve the aforementioned minutes.
On roll call, all voted yes, and the Mayor declared the motion carried.
On entertainment of the Mayor, Councilmen Pettet and Balunis moved a motion to table Ordinances #2-0-08, #8-0-08 and #10-0-08 to the June 9, 2008 meeting.
On roll call, all voted yes, and the Mayor declared the motion carried.
ORDINANCES:
Public Hearing of Ord. #2-0-08:
Re:
Dissolution of
Held.
Public Hearing of Ord. #8-0-08:
Re: Bond Ordinance – Purchase of US Aluminum Property
Held.
Public Hearing of Ord. #10-0-08:
Re: Appropriating $75,000.00 from Capital Surplus to fund an environmental
Investigation of the
Held.
Resolution #98-0-08:
Re: Cancelling $18,353.54 from Capital Balance from Ordinances #7-0-94
($7,661.33)
and #8-9-95 ($10,692.21)
On entertainment of the Mayor, Councilmen Balunis and Pettet moved a motion to approve the aforementioned Resolution.
On roll call, all voted yes, and the Mayor declared the motion carried.
Introduction of Ordinance #11-0-08:
Re: Ordinance appropriating $18,353.54 from Capital Surplus to fund a needs
assessment study for a new municipal building
On entertainment of the Mayor, Councilman Pettet and Balunis moved that Ordinance #11-0-08 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 $18,353.54 FROM
CAPITAL SURPLUS TO FUND A NEEDS ASSESSMENT FOR A NEW
On entertainment of the Mayor, Councilmen Pettet and Balunis moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE
APPROPRIATING $18,353.54 FROM CAPITAL SURPLUS TO FUND A NEEDS ASSESSMENT FOR A NEW MUNICIPAL BUILDING 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 9th day of June 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 Ordinance #12-0-08:
Re: Amend Chapter 108 – Prohibit Parking on
The Borough
Administrator said this Ordinance should also include
On entertainment of the Mayor, Councilman Balunis and Pettet moved that Ordinance #12-0-08 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 108, VEHICLES AND TRAFFIC, TO AMEND SCHEDULE I – NO PARKING TO PROHIBIT PARKING ON WARREN’S WAY AND WARREN HAGSTROM BOULEVARD.
On entertainment of the Mayor, Councilmen Balunis and Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC, TO AMEND SCHEDULE I – NO PARKING TO PROHIBIT PARKING ON WARREN’S WAY AND WARREN HAGSTROM BOULEVARD 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 9th day of June 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.
PUBLIC
DISCUSSION:
The
Mayor opened the Public Discussion.
Sandy Lawson, 28 Haskell Avenue, Haskell spoke about the study and asked for it to be part of the Ordinance #11-0-08 and who is doing the study.
The Borough Administrator said they have not been selected yet.
Sandy Lawson
spoke about the parking Ordinance on
The Mayor explained the Ordinance.
Sandy Lawson
spoke about the parking space on
The Borough Administrator said there are about fifty spaces there.
Grace
Maiello,
The Mayor said fifty percent of the budget is paid by Ringwood residents.
Bruce
Lyons,
The Mayor said there are bathrooms in the building with the snack bar. When there are organized events going on there the bathrooms are open.
Bruce Lyons said there was a softball tournament and the bathrooms were not open.
Councilman Balunis explained that the stand is run by volunteers and if no one is there the bathrooms are locked but the key can be requested for events.
The Borough Administrator said we’ll talk to John Yost about that.
Dave DaSilva, 108 Monroe Street, Haskell asked about the protocol for the leaf vacuum and is concerned due to the elderly neighbors having a difficult time getting the leaves out on time. Could there be a change in protocol if the season goes longer.
The Borough Administrator said there are two problems with that. The leaf vacuum may possibly be eliminated due to the stormwater regulations and it takes three men to operate the machine and in the Spring they are busy with the fields and other projects.
Dave DaSilva said is there any progress to putting the budget up on the website.
The Borough Administrator said we’ll do it for next year.
Dave DaSilva asked for a COAH update.
The Borough Administrator said I have to speak with Mr. Bernard.
Dave DaSilva asked for an update on Mar Del Manor.
The Borough Administrator said the bank has it.
Dave DaSilva asked about the water tank.
The Borough Administrator said the status is the same.
Dave DaSilva asked about the surplus vehicles.
The Borough Administrator said they are excess vehicles.
Dave DaSilva said you keep carrying the Ordinances. Is there any reason.
The Mayor said there was a letter sent last month to the towns by the Attorney.
The Borough Administrator explained why the Ordinances are being carried.
Dave DaSilva said you’re spending money to advertise them.
The Borough Administrator said the Ordinances are to be kept on.
Dave DaSilva spoke about the money being transferred from the accounts.
The Borough Administrator explained they are from older Ordinances.
The Mayor closed Public Discussion.
CONSENT
AGENDA:
Resolution #85-0-08:
Re:
Authorization of Tax Collector to send estimated Tax Bills for 2008 3rd
Quarter
BE IT RESOLVED that the Borough’s Tax Collector be and she is authorized and directed to issue estimated tax bills for the 3rd quarter of 2008, upon the approval of the tax rate set forth in Resolution #86-0-08.
Resolution #86-0-08:
Re:
Establish estimated Tax Rate for 2008 3rd Quarter Tax Bills
WHEREAS, the Borough of Wanaque introduced its 2008 Municipal budget on March 10, 2008 and held a public hearing on April 14, 2008; and
WHEREAS, it has been determined that it will be necessary to issue estimated tax bills for the 3rd quarter of 2008, in order to provide for a sufficient cash flow for governmental operations; and
WHEREAS, the tax levies for the Borough of Wanaque, Wanaque Board of Education and the County of Passaic will not fall above the 5% threshold for the rate to be set by the Governing Body; and
WHEREAS, the Governing Body desires to have the estimated tax bill for the 3rd quarter of 2008 to be as close as possible to the actual tax bill, so that any shortfall will be minimal in the 4th quarter, and place an unexpected additional burden on our taxpayers.
NOW, THEREFORE, BE IT RESOLVED that the following amounts for the 2008 3rd quarter estimated tax bill for the Borough of Wanaque be and are hereby approved.
Amount to be Raised 08 Rate 07 Rate Percent
Borough $ 7,716,376.00 1.337 1.123 19.08
Regional H.S. 6,789,460.00 1.177 1.17 .57
County (E) 7,152,500.00 1.240 1.16 6.86
Open Space (Municipal) 57,702.00 .010 .012 0
Open Space (County) 144,255.00 .025 .025 0_
Total Tax Rate $32,918,005.00 5.705 5.52 3.38
Assessed Value: $577,020,000
Resolution #87-0-08:
Re: Refund of overpayment on 2008 1st Quarter and 2nd Quarter Tax in the amount of
$1,730.52 on Block 313.06, Lot
4.21
WHEREAS, there exists a tax overpayment on the property listed herein for the 2008 1st and 2nd quarter:
BLOCK
313.06 4.21 $1,730.52
WHEREAS, the owner has requested a refund of said overpayment;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $1,730.52 as per the certification of the Tax Collector.
Resolution #88-0-08:
Re:
Redemption of Tax
WHEREAS, a Tax Sale was held for 2006 delinquent Municipal charges on May 30, 2007, and
WHEREAS, Robert U. DelVecchio Pension was the successful bidder for Block 442 Lot 2 for which Tax Sale Certificate #07-00177 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 $7,898.36 as per the certification of the Tax Collector.
Resolution #89-0-08:
Re:
Refund of $15,000.00 premium paid on Tax
WHEREAS, a Tax Sale was held for 2006 delinquent Municipal charges on May 30, 2007, and
WHEREAS, Robert U. DelVecchio Pension was the successful bidder for Block 442 Lot 2 for which Tax Sale Certificate #07-00177 was assigned, and
WHEREAS, Robert U. DelVecchio Pension paid a premium of $15,000.00 on this certificate,
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 $15,000.00 as per the certification of the Tax Collector.
Refund from Building Permit #07-194 to Zbigniew Szutowski, 6 Oak Terrace,
Wanaque in the amount of $94.00
Application for Raffle License:
Re: Wanaque Community Education Foundation – RA:688
On entertainment of the Mayor, Councilmen Balunis 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 April 2008 ‑ NONE.
4. Municipal Court Report for April 2008 ‑
5. Welfare Report for April 2008 - NONE.
On entertainment of the Mayor, Councilmen Pettet and Balunis 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 Laura Avenue Phase I reconstruction
will begin next week. The
Administrator:
The Borough Administrator reported
in the absence of Councilman Theoharous with regard
to the field work at
Attorney:
The Borough Attorney was absent.
COMMUNICATIONS: None.
NEW BUSINESS:
Letter from Tamara King requesting sale
of Block 423,
owner:
Letter to be sent.
Open Space Application – Memorial Field Lights – Public Hearing June 9, 2008
Public Hearing to be held on June 9, 2008.
Business Meetings – June, July and August at 7:00 P.M.
On entertainment of the Mayor, Councilman Balunis and Councilwoman Cisco moved a motion to have business meetings beginning at 7:00 P.M. in June, July and August.
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:
No change in the status.
No change in the status.
Authorize the Borough Attorney to prepare
a contract for purchase of the
Aluminum property:
Advertising on Haskell Water Tank:
No change in the status.
Status of US Aluminum Investigation:
Held.
Application for Ice Cream Vendor License:
Re:
Siham Selim,
On entertainment of the Mayor, Councilmen Pettet and Balunis moved a motion to approve the aforementioned application.
On roll call, all voted yes, and the Mayor declared the motion carried.
RESOLUTIONS:
Resolution #90-0-08:
Re: Appoint Part-Time Telecommunicator
Operator – Matthew Hayward effective
immediately
On entertainment of the Mayor, Councilwoman Cisco and Councilman Pettet moved that,
BE IT RESOLVED that
Matthew Hayward,
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #91-0-08:
Re: Award Bid – Addice Park/Wanaque School Renovations (Alternates only –
Base Bid awarded in April)
On entertainment of the Mayor, Councilmen Pettet and Balunis moved that,
WHEREAS, on April 14, 2008, the Borough Council of the Borough of Wanaque awarded the base bid for Wanaque School Addice Park Improvements to Applied Landscape Technologies in the amount of $617,000.00 with the reservation to award the bid alternates at a future date; and
WHEREAS, the Borough Council now wishes to award said alternates.
NOW,
THEREFORE, BE IT RESOLVED that the following alternates be
awarded to Applied Landscape Technologies, Inc.
Alternate #1 $354,900.00
Alternate #2 $ 40,000.00
Alternate #3 $ 51,000.00
Alternate #4 $515,500.00
Alternate #5 $500.00 per cubic yard (if needed)
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account X-GC-03-347-201.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #92-0-08:
Re:
Appoint Summer Recreation Head Counselor – Sherry Patacco
– Salary
$1,400.00
On entertainment of the Mayor, Councilmen Balunis and Pettet moved that,
BE IT RESOLVED that Sherry
Patacco,
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #93-0-08:
Re: Temporary Emergency Appropriation
On entertainment of the Mayor, Councilwoman Cisco and Councilman Pettet moved that,
TEMPORARY EMERGENCY APPRROPRIATION
WHEREAS, an emergent condition has arisen with respect to adoption of the 2008 Municipal Budget and N.J.S.A. 40A: 4-20 provides for an emergency temporary appropriation until the adoption of the 2008 Municipal Budget, and
WHEREAS, the total Temporary Budget including this resolution will total $2,650,675.38
NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of N.J.S.A. 40A: 4-20:
A temporary appropriation be made for the 2008 Temporary Budget in the amount of $203,898.11.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #94-0-08:
Purchase of Lawn Tractor – Road Department
On entertainment of the Mayor, Councilman Pettet and Councilwoman Cisco moved that,
RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR THE PURCHASE OF A TORO GROUNDMASTER 7210 TRACTOR
WHEREAS, the Borough of Wanaque has a need to acquire a Toro Groundmaster 7210 Tractor and attachments as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4: and
WHEREAS, the Borough Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500; and,
WHEREAS, Storr Tractor Company has submitted a proposal dated February 5, 2008 indicating they will provide the Toro Groundmaster 7210 Tractor and attachments for the amount of $24,900.17; and
WHEREAS, Storr Tactor Company has completed and submitted a Business Entity Disclosure Certification which certifies that Storr Tractor Company has not made any reportable contributions to a political or candidate committee in the Borough of Wanaque in the previous one year, and that the contract will prohibit Storr Tractor Company from making any reportable contributions through the term of the contract, and
WHEREAS, the Chief Financial Officer has certified that funds are available in budget account 8-CU-01-132-287.
NOW THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of Wanaque authorizes the Borough Administrator to enter into a contract with Storr Tractor Company, 3191 Route 22, Branchburg, NJ 08876 as described herein; and,
BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution, and
BE IT FURTHER RESOLVED that a notice of this action be advertised in the Suburban Trends.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #95-0-08:
Re:
New Jersey Department of Transportation Grant Application – Reconstruct
First
Street
On entertainment of the Mayor, Councilmen Balunis and Pettet moved that,
BE IT RESOLVED that the Borough Engineer and Borough Administrator be and are hereby authorized to prepare and submit a New Jersey Transportation Trust Fund grant application for the reconstruction of First Street – entire length for the 08-09 Grant Program.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #96-0-08:
Re:
Authorize
On entertainment of the Mayor, Councilmen Balunis and Pettet moved that,
BE IT RESOLVED that in accordance with N.J.S.A. 40A:11-36 that the following vehicles and equipment are no longer needed for public use, and that the Borough Administrator is authorized and directed to sell said equipment and vehicles in accordance with the law.
· 1996 Ford Crown Vic/4Dr. Blue Vin #2FALP71W6TX119123.
· 1999 Ford Crown Vic/4Dr. White Vin #2FAFP71WOXX171138.
· 2003 Ford Crown Vic/4Dr. White Vin #2FAH871W73X178445.
· 2005 Ford Crown Vic/4 Dr. White Vin #2FAHP71WX5X136631.
· 1997 Ford Crown Vic/4Dr. White Vin #2FALP71WOVX224064.
· 1980 Chevy Blazer K-10Blue Vin #CKL18AF147124.
· 1993 FORD Crown Vic/4Dr. while Vin #2FACP71W1PX183995.
· 1983 Yellow Garbage Truck-Cargostar International 15 yds Vin #2HTD10459DCA11415
· 1986 Green Garbage Truck GMC Brigadier 20 yds Vin #16DP86142GV510033
· 1993 Dodge Utility W350 Vin #1B6KM3650PS256305.
·
1983
· 1979 Ingersoll Rand Spiro flow portable compressor 112251479910.
· DMT Corporation Generator 4 cyc. Hercules engine natural gas 00 amp.
·
1995 Oldsmobile
· 2005 Ford Crown Vic/4Dr. White Vin #2FAHP71W15X136632.
· 2004 Ford Crown Vic/ 4 Dr.Black Vin #2FAHP71W34X138879.
· 1993 Ford F-700 Dump 1FYK74C8PUA12853.
· 1996 Jeep Cherokee 1J4FJ7852TL188880.
BE IT FURTHER RESOLVED that the sale of surplus property be conducted on
the internet site govdeals.com pursuant to Local Finance Notice 2008-9; and
BE IT FURTHER RESOLVED that the Borough Administrator is authorized to execute an agreement with govdeals.com and terms and conditions of the agreement are available on the vendor’s website and in the Borough Clerk’s Office.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #97-0-08:
Re:
Appoint Laborer – Road Department
On entertainment of the Mayor, Councilmen Balunis and Pettet moved that,
BE IT
RESOLVED that Michael Bolduc,
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #99-0-08:
Re: Appointment of Part-Time Telecommunicator Operator – Joan Thomson,
On entertainment of the Mayor, Councilmen Pettet and Balunis moved that,
BE IT RESOLVED that Joan
Thomson,
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 $ 33,040.81
CURRENT 2008 417,192.79
CURRENT PRE-PAID 8,411.84
WATER OPERATING 2008 26,560.20
WATER PREPAID 190.87
GENERAL CAPITAL 8,089.60
WATER CAPITAL 3,159.56
WATER INFRASTRUCTURE 16,236.25
ESCROW BOOKKEEPER 6,904.28
PUBLIC ASSISTANCE 11,317.00
RECREATION TRUST 4,724.38
ANIMAL TRUST 49.80
OPEN SPACE TRUST 730.76
UNEMPLOYMENT/DISABILITY __ 1,762.97 ___
TOTAL VOUCHERS $538,389.11
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: May 12, 2008
___________________________
Daniel Mahler
Mayor
Payrolls:
Councilmen Pettet and Balunis moved a resolution approving the following payrolls:
Payroll #08 p/e 04/18/08 $189,075.92
Payroll #09 p/e 05/02/08 $183,955.50_
Payroll Total $373,031.42
GRAND TOTAL $911,420.53
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: May 12, 2008
________________________________
Daniel Mahler
Mayor
NEW BUSINESS:
Closed Session:
Re:
Negotiations/Personnel/Litigation
On entertainment of the Mayor, Councilman Balunis 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,
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) Purchase of property.
3. The Mayor and Council shall release and disclose to the general public the
discussion and actions taken on the subject matter of the above mentioned closed session when the reasons for discussing and acting on the matter in closed session no longer exist, but no later than one month of the Mayor and Council arriving at a final decision on the specified subject matter.
On roll call, all voted yes, and the Mayor declared the motion carried.
RECONVENEMENT:
On entertainment of the Mayor, Councilmen Pettet and Balunis moved a motion to reconvene.
On roll call, all were present.
ADJOURNMENT:
On entertainment of the Mayor, Councilwoman Cisco and Balunis moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:25 P.M.
__________________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk