MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

 

MINUTES

 

Regular Meeting

November 10, 2008

 

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, November 10, 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, OíConnell, Pasquariello, Pettet and Theoharous.The Mayor declared a quorum.The Borough Engineer and Borough Attorney were present.†††

 

The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 2, 2008, and a notice thereof has been posted on January 2, 2008 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.

 

PRESENTATION:

 

††††††††††† Anthony of Arcari and Iovino Architects gave a presentation and layout of the new municipal building.

 

MINUTES:

 

Regular Meeting of September 8, 2008.

 

††††††††††† Regular Meeting of October 6, 2008-Held.

 

On entertainment of the Mayor, Councilman Pasquariello and Theoharous 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 Pasquariello and Pettet moved a motion to table Ordinances #2-0-08 and #8-0-08 to the November 10, 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 Wanaque Valley Regional Sewerage Authority

 

††††††††††† Held.†††

 

†† Public Hearing of Ord. #8-0-08:

†††† Re:Bond Ordinance Ė Purchase of US Aluminum Property

 

††††††††††† Held.

 

†† Public Hearing of Ord. #21-0-08:

†††† Re:Amend Chapter 108, Vehicles and Traffic Section 108.6.2 Municipal Parking Lot

†††††††††††† Municipal Parking Area

 

††††††††††† On entertainment of the Mayor, Councilmen Theoharous and Pasquariello moved a motion that Ordinance #21-0-08 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 108, VEHICLES AND TRAFFIC TO AMEND SECTION 108-6.2

MUNICIPAL PARKING LOT MUNICIPAL PARKING AREA.

 

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.

†††††††††††

††††††††††† Grace Maiello, 26 Rhinesmith Avenue, Wanaque said does this add parking on Warren Hagstrom Boulevard.

††††††††††† The Borough Administrator said yes.

 

††††††††††† The Mayor closed the Public Hearing.

†††††††††††

Councilmen Pasquariello and OíConnell moved that,

 

BE IT RESOLVED that an Ordinance entitled:ANORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC TO AMEND SECTION 108-6.2MUNICIPAL PARKING LOT MUNICIPAL PARKING AREA. 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. #22-0-08:

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

 

††††††††††† On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that Ordinance #22-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

 

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

BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A NEW AND ADDITIONAL AMBULANCE BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $170,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $153,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

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

 

BE IT RESOLVED that an Ordinance entitled:BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A NEW AND ADDITIONAL AMBULANCE BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $170,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $153,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION pass 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 8th day of December 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, except Councilwoman Cisco who abstained and the Mayor declared the motion carried.

 

†† Resolution #172-0-08:

†††† Re:Capital Budget Amendment

 

†† Introduction of Ord. #23-0-08:

†††† Re:2009 Salary Ordinance

 

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

 

 

 

 

 

 

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

 

BE IT RESOLVED that an Ordinance entitled:AN ORDINANCE TO

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

†††† Re:Amend Zoning Ordinance Ė AH Zone Ė Fourth Avenue Renewal Area

 

††††††††††† On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #24-0-08 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 AMENDING ORDINANCE NUMBER 10-0-05 ENTITLED ďESTABLISHING THEADULT HOUSING REDEVELOPMENT PROJECT WITHIN THE FOURTH AVENUE RENEWAL AREA AND ESTABLISHING THE FOURTH AVENUE ADULT HOUSING ZONING DISTRICTĒ AND FURTHER AMENDING CHAPTER 114-ZONING OF THE BOROUGH OF WANAQUE CODE TO ALLOW FOR NON AGE RESTRICTED HOUSING

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

 

BE IT RESOLVED that an Ordinance entitled:AN ORDINANCE AMENDING ORDINANCE NUMBER 10-0-05 ENTITLED ďESTABLISHING THEADULT HOUSING REDEVELOPMENT PROJECT WITHIN THE FOURTH AVENUE RENEWAL AREA AND ESTABLISHING THE FOURTH AVENUE ADULT HOUSING ZONING DISTRICTĒ AND FURTHER AMENDING CHAPTER 114-ZONING OF THE BOROUGH OF WANAQUE CODE TO ALLOW FOR NON AGE RESTRICTED HOUSING 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 8th day of December 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. #25-0-08:

†††† Re:Establishing Article XII Ė Regulating Wireless Telecommunication

†††††††††††† Towers and Antennas

 

††††††††††† On entertainment of the Mayor, Councilmen Theoharous and Balunis moved that Ordinance #25-0-08 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 ESTABLISHING ARTICL XII OF THE CODE OF THE BOROUGH OF WANAQUE REGULATING WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS

 

 

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

 

BE IT RESOLVED that an Ordinance entitled:AN ORDINANCE ESTABLISHING ARTICL XII OF THE CODE OF THE BOROUGH OF WANAQUE REGULATING WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS 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 8th day of December 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. #26-0-08:

†††† Re:An Ordinance dissolving the Wanaque Borough Board of Adjustment, and

†††††††††† consolidating and confirming its powers on the Wanaque Borough Planning

††††††††††† Board pursuant to N.J.S.A. 40:55D 25c(1)

 

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

 

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

 

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE DISSOLVING THE WANAQUE BOROUGH BOARD OF ADJUSTMENT, AND CONSOLIDATING AND CONFIRMING ITS POWERS ON THE WANAQUE BOROUGH PLANNING BOARD PURSUANT TO N.J.S.A. 40:55D-25c(1) 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 8th day of December 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.

 

††††††††††† Councilman Pettet said do we have a further interpretation of this as to how it stands.Itís a dissolution and a merging with.

††††††††††† Councilman OíConnell said this is a merger of the two boards.There is no dissolving of anything.

††††††††††† Councilwoman Cisco said this was brought up last year and then when I first came on the Council it was postponed for a period of six months which should have been during the month of October it was enacted upon however nothing was brought forth so it is being brought forth now so it will be put to rest one way or the other.

 

PUBLIC DISCUSSION:

 

††††††††††† The Mayor opened the Public Discussion.

 

††††††††††† John Maiello, 26 Rhinesmith Avenue, Wanaque said regarding the new municipal building these are rough figures but for the cost per square foot and what it is without the development of the land plus reorganizing it and buying the land the other one by the Aluminum factory was going to cost somewhere in the vicinity of ten million dollars.This could exceed eleven or twelve million dollars couldnít it.

††††††††††† The Borough Administrator said right now the land cost what weíre looking at is similar to what was the land cost was on the first one, two million dollars.The buildings would be just about the same so itís apples to apples, just in a different location.The next stage is to sit down with him and understand the numbers.

††††††††††† John Maiello said Iím only going by what was said and plus youíre going to have to put everything in the building.So easily it can be well over ten million dollars.When I say it can run between eleven or twelve million dollars if the way he proposes it and you do it with the steel buildings it can easily come to that.

 

Bob Ferdon, 34 Fredericks Street, Wanaque on behalf of the Chamber of Commerce read a letter regarding a number of potential businesses being turned down by the planning board due to a particular Ordinance.This business never even opened it failed.It probably failed because of the restrictions that were put on it by the planning board.And that business was sold and now theyíve reopened and they are called Solar Day Spa.They are now scheduled in front of the Board of Adjustment why because they want to do massage they need a variance for the mythical massage parlor ordinance.Why are we making businesses in town spend good money to get a variance for an ordinance that never existed.††

The Borough Attorney gave a history on the Ordinance of massage parlors.There was an Ordinance that was introduced but had never been adopted.This is a type of an operation that draws interest because of the potential for misuse.But it is a legitimate business.You have to be licensed you have to go to a school.There is no state license as I found out for massages.Because of some abuses they now are going to license masseuses.There is no ordinance prohibiting per se massage parlors, tanning salons or things of beauty culture in our businesses.

Bob Ferdon said but we have been preventing them from opening.

The Borough Attorney said we, not the Mayor and Council hasnít.

Bob Ferdon said we as a Borough.

The Borough Attorney the board of adjustment or planning board may have not that I have been partially aware of.

Bob Ferdon said and I think itís wrong that we automatically assume that because someone is opening up a spa and unfortunately that chairman Foulon automatically assumes that itís going to be an illegal activity.†† We have a fine police force, we donít need a planning board or board of adjustment to try to fix laws.The way the Ordinance is written that Foulon has been using for so many years it says what is illegal is a massage parlor that leads to illegal sexual activity.Thatís prostitution and thatís already a law.Itís stupid and it shouldnít be on the books.That is in the zoning Ordinance.That Ordinance was put in 1981 I think the same time the chairman was Mayor for eight months.I want to know why this business is being taken in front of the board of adjustment to get a variance that doesnít exist.

The Borough Attorney said thatís not the Ordinance that I drew up.†††

Bob Ferdon said itís a little personal too because my wife opened a business years ago and sheís a physical therapist and she treats kids with cerebral palsy and he had the nerve to call my wife and say is this a massage parlor youíre opening up.

The Borough Attorney said weíll take a look at that Ordinance and weíll regenerate it and bring it before the board if there is a prohibition against any business a business presumed to be legitimate unless found not to be.Again youíve indicated if there is anything nefarious or illegal going on then we have inspectors and police authority that can ferret that out.The school that is moving from Pompton Lakes I got a call on that.My opinion was that school was an allowable facility because it was a school that taught massage therapy.

The Mayor said actually they werenít denied

Bob Ferdon said they were denied for two reasons, was this a permanent building or was it not.Thatís the first thing that got thrown out and you were there and I got upset when the Ordinance came up and the gentlemen sitting in this chair, not you, Iím not going to use his name came up what about our Ordinance and thatís when I jumped up and then during the rest of the meeting thatís when they found out and actually decided to read.

The Mayor said but the issue that they werenít approved at that meeting was the permanency of the building issue.

Bob Ferdon said if I didnít say anything the Foulon the hill Ordinance would still be in play.Itsí a shame because since 1995 the largest school in the State for massage therapy has been in Pompton Lakes yet none of the graduates have ever been allowed to practice in town right next door to us and now theyíre here and we give them a hard time.

†††††

 

Sandy Lawson, 38 Haskell Avenue, Haskell said I have to concur with Mr. Ferdonís assessment of that situation.Itís very unfair to predict what somebody may or may not do and the day spa business is huge and as I said at the planning board meeting you guys need to go home and ask your wives about this.I think itís a good thing if theyíre coming here.This school is accredited and itís a good school.I know that the Police building in regard to the new borough hall is going to be metal and whatever.Thatís estimated to be two hundred and fifty dollars per square foot.Assuming that both buildings are made from the same materials that cost is around 6.15 million dollars and the cost of acquiring the property is about two million dollars so weíre up to about eight million and thatís not including the program costs.I thought that was great to see this presentation tonight.I was very disappointed that it wasnít on the agenda.At some point†† I think that there should be some public hearing on this.But also doing back cost assessment Iím disappointed to not see a cost assessment using this property and the property next door which you could utilize as a parking lot.And seeing about what we could do about building on this property and not spending the money on more property because I think there are some opportunities to do construction I heard somebody suggest starting behind this building and then moving in there and then fixing this and Iím not sure that would be more expensive.It might be a little disruptive I havenít given it much thought but I certainly would like to see some kind of cost analysis of doing something like that instead of acquiring this property for millions of dollars down the street.So I hope that you will do that.I hope that you will have a good solid public presentation on it I think that as a taxpayer we are entitled to that. I donít dispute that you need to do something with this building whether you renovate it or build a new one remains to be seen.But I think that we really need to look at what the possibilities are and stay within our budget.Thank you.

 

Dave DaSilva, 108 Monroe Street, Haskell said what is the status of the property at 1085 Ringwood Avenue.

The Borough Administrator said we own the property that we are holding for the Doty Road south redevelopment project.

Dave DaSilva said do you know when it was last occupied

The Borough Administrator said we were allowing Mr. Falciglia to use it as an office up until probably the spring of 2008.He was maintaining and paying the water and sewer bills on it.

Dave DaSilva said when did he move into the building.

The Borough Administrator said October of 2006.

Dave DaSilva said it was the developer of the Haskell town center.Did he pay any rent for that.

The Borough Administrator said rather than bringing in an office trailer it made more sense for him to use the property.He paid for the utilities.

Dave DaSilva said how are we making up the nine thousand dollars plus in taxes that we lost when we purchased that property.

The Borough Administrator said the property is not on the tax rolls.It is being absorbed by everyone in town.

Dave DaSilva said whatís the plan until we redevelop that area.

The Borough Administrator said the plan is that will become part of the redevelopment plan similar to what we did with Jacks hardware building that we purchased and held until we developed the Haskell town center and the general sewer building which was the parking lot.

Dave DaSilva said I know originally that we were supposed to be using the back parking lot of that property for municipal parking lot is that happening.

The Borough Administrator said yes.

Dave DaSilva said how do people know about that parking lot.

The Borough Administrator said is it mainly the people who live in the area and Phoenix Club that utilize it.Parking especially for the residents, tenants of properties on the south side of Doty Road has always been an issue.That afforded them the ability to park there as opposed to parking on Third Avenue on the spaces that we created there plus the Phoenix Club regular patrons know they can use that parking lot.

Dave DaSilva said do you know how many spots are back there.

The Borough Administrator said itís not lined or paved itís a gravel and dirt lot.You can probably get about twenty cars back there.

Dave DaSilva said so thatís the assigned parking for the patrons of the businesses that are along Ringwood avenue south of Doty Road.

The Borough Administrator said itís not assigned.Itís there for anybody who wants to use it.

Dave DaSilva said but there is no sign saying public parking you just need to know about it.

The Borough Administrator said right.

Dave DaSilva said in reference to Borough vehicles, in my old hometown in West Orange I was on the first aid squad for seven years and all the emergency services, police fire and ems all called in their mileage at some point during the day and we kept track of how many miles and what they were used for.And when I joined the squad in September I noticed the squad here has the same thing and fire and police do the same thing.Do we keep track of mileage and other Borough vehicles and what itís being used for.

The Borough Administrator said we have a record from the gas mileage.

Dave DaSilva said so none of the Borough employees keep logs other than for just filling up with gas.

The Borough Administrator said no.

Dave DaSilva said in reference to our policy as a Mayor and Council do we approve of the Borough employees using Borough vehicles and Borough gas for personal use.

The Mayor said what do you mean do we approve of it.

Dave DaSilva said do any of you have a problem with Borough employees using Borough vehicles and fuel for personal use.

The Mayor said some employees itís in their contract.I believe anybody who has a vehicle itís in their contract.

The Borough Administrator said the only one that the personal use is in my contract.The other department heads that have vehicles are for to and from work only.Theyíre not available for personal use.The police chief and fire chief have it available to them twenty four hours a day, seven days a week.

Dave DaSilva said what is the deal in your contract in reference to personal use of the vehicle.

The Borough Administrator said I have unlimited use.

Dave DaSilva said regardless of where you want to go.

The Borough Administrator said yes.

Dave DaSilva said what other pilot programs in town such as the Haskell town center are there in town besides Valley View.

The Mayor said thatís the only two.

Dave DaSilva said what is the structure of the pilot program of the Haskell town center.

The Mayor said the property is taxed as it was before the building.There is a pilot program on the building, one hundred sixty thousand is the number I believe I donít remember.

The Borough Administrator said the number that I remember is the minimum service charge is seventy six thousand dollars which is the amount of taxes that the properties paid prior to the construction.The six or seven properties that were there paid a total of seventy six thousand dollars in taxes.That was the base amount off hand I donít remember that number.†††††

††††††††††† Dave DaSilva said do you know what the actual land was taxed.

††††††††††† The Borough Administrator said you requested a copy of the agreement it is in there.

Dave DaSilva said the developerís agreement.

The Borough Administrator saidyes.

Dave DaSilva said how long is that for.

The Borough Administrator said that I believe is fifteen years

††††††††††† Dave DaSilva said thatís a yearly payment.

††††††††††† The Borough Administrator said yes and there were escalator clauses again I donít remember what they were offhand.

††††††††††† Dave DaSilva said what about Valley View, what is the arrangement there.

††††††††††† The Borough Administrator said Valley View is a five year freeze then itís the increase is based on the percentage increase on the amount to be raised in taxes, not the tax rate because those numbers can fluctuate.From years five through year twenty and then from year twenty to twenty five its twenty percent phase in each year back to full taxes.

††††††††††† Dave DaSilva said if the fifth year was this year it would be three percent.

††††††††††† The Borough Administrator said it would be the percentage increase in the amount to be raised by taxes not the tax rate per se.Itís possible that the amount to be raised can increase more than the tax rate in a given year.

††††††††††† Dave DaSilva said I saw literature from one of the agents selling the properties as is and there is a clause in their marketing material that says taxes are frozen for fourteen years as per the agreement with the Borough of Wanaque.Is that statement not correct.

††††††††††† The Borough Administrator said that is not correct and weíve met with them and explained to them how they were supposed to read it.

††††††††††† Dave DaSilva said if this all gets changed the new way without the age restrictions that will be addressed before they start marketing it.

The Borough Administrator said yes.

Dave DaSilva said Iím a little confused by the change in the language of the adult housing ordinance it was partial age restriction and non partial age restriction.

The Borough Administrator said I was going to have that changed because originally there was a miscommunication when the original Ordinance was drafted it was fifty-fifty and then we went back and took out the fifty and just made it fully age restricted unfortunately the title was not corrected.

Dave DaSilva said there isnít going to be any age restrictions on any of the units.

The Borough Administrator said right.

Dave DaSilva said that wonít affect your notice or anything will it.

The Borough Administrator said no.

Dave DaSilva said Iím going to reserve my comments about the board of

adjustment and planning board merger until next month when you have the public hearing.But something came up on Wednesday night at the board adjustment meeting that Iím confused by and Mr. Fiorello maybe you can help me understand this.The Borough I guess was involved in this lawsuit thought the board of adjustment.Mr. Faasse represented the board of adjustment and therefore the Borough at this hearing and it came back to the board that Mr. Carroll wanted the board of adjustment attorney to appeal the case and maybe someone misspoke but it seemed odd to me that the Borough Administrator is making that decision and not somebody else.††††

††††††††††† The Borough Attorney said there was an application brought before the board of adjustment which was denied.The board denied it on the basis on the interpretation of the municipal land use law in which interpretation both I and the planning board attorney as well as the board of adjustment attorney agree.In essence it provides that where you had a stray lotor a lot that was subdivided in the past and it was undersized then you could apply for a building permit and get permission to build.It did not say that you could apply for a subdivision of an existing lot into two non-conforming lot sizes thus increasing the density.So that was the collective wisdom of the three attorneys for both the boards and the Borough.The property owner appealed to the law division and the case went before a judge and that judge did not rule in favor of the interpretation given by the board of adjustment.Mr. Faasse contacted me with respect to that.He provided me with his brief and I read his brief and I commented on what I felt to be the appropriateness of his legal argument and rationale.And he asked me whether or not he should appeal it because if he appeals it the board of adjustment has to pay his fee and there is a financial implementation in that which then redounds to Mr. Carroll who has the budget under his control and purview at all times.So with that I prepared for Mr. Carroll an analysis of the statute and the particular decision of the court and the collective opinions of the attorneys representing the various elements of the town.I told him that I thought it was worthwhile to appeal it because what could happen is that anybody who owned the lot could then subdivide the lot into two non-conforming undersize more dense lots and build houses on it and that was not what our interpretations of the Ordinance was.I ran it by Mr. Carroll and I also indicated from a cost perspective that Mr. Faasse had already done the brief and that he would need a copy of the transcript of the judges decision he could probably polish up his brief and appeal hopefully successfully with a limited amount of financial exposure before I gave Mr. Faasse the go ahead because he was asking me would I get permission for him to move forward I ran it by Mr. Carroll he conferred with me we decided that it was an appropriate enoughissue to bring to the appellate division.There are no written decisions on record regarding that particular matter so there was no case law we could go to.And this has an implication not only for this case but it has implication for many cases that could be brought creating greater densities.Which is amicable to what our zone is about and our zoning ordinances are about is to create densities that are appropriate to the areas and not have somebody in a ten thousand square foot per lot area divide into two five thousand square feet and say I can do that because the municipal land use law says I could.Thatís the basis.Mr. Carroll didnít have to get approval but somebody has to pay for that litigation and since he controls the budget and has oversight of it he wanted to be sure that he and the Mayor and Council are comfortable with that appeal. I think he brought that back before his board because I donít control him the board of adjustment controls him and so he went back before that board and asked permission to file that appeal based upon what I just said and I think they gave him that permission.

††††††††††† Dave DaSilva said yes they voted on it Wednesday and I think the case has implications outside of Wanaque as well.

The Borough Attorney said if itís a reported case it will bind all municipalities and all planning boards and all boards of adjustment and I think thatís why it had such wide implications and I just think the judge focused upon density without looking at the intent of the statute and what could go on, what the arm could be if you just said okay go ahead and divide your ten thousand square foot lots into two five thousand square foot lots and thatís okay I just didnít agree with that.†††††††††††††††††††††

††††††††††† Dave DaSilva said I just want to make a personal comment on the borough hall and the conceptual designs that you brought before us tonight.While it may be a pretty picture I think that itís a really bad idea to continue to move forward with this without looking at the financial implications of it completely.To show pretty pictures and make everybody feel warm and fuzzy what this may look like I think itís a really bad idea I think your spending money before you have it and you havenít even gotten the development completely approved of the candle factory that you say youíre counting on for payment of the new municipal building and weíre already looking at pictures of what itís going to look like.So I really think you need to move even more cautiously.I did hear some opinions from several of you recently in the newspaper and some other literature that youíre going to move forward slowly this may take several years to happen and I was shocked and sickened today to see that something that was not on the agenda such a huge presentation that has implications for almost every single person in this town and nobody was here to see it because nobody knew about it and I think that is shameful and I hope that in the future you move a little more cautiously.Thanks.†††

 

†††††††††† John Maiello, 26 Rhinesmith Avenue, Wanaque said in looking at the cost of this new building you were saying you that were able to use the six hundred thousand dollars or whatever it is to lower the taxes what is used for municipal taxes now and you take that away we have to pick that up.So whatever happens we have to pay for the whole ten million dollars.Because if you use the six hundred thousand dollars to build that we have to pay the taxes and you take away that six hundred thousand dollars from lowering the taxes in the town so therefore we have to pay whatever it costs the full thing and itís just a ruse.

 

The Mayor closed Public Discussion.

†††††††††††††††††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

 

 

CONSENT AGENDA:

††††††††††††††††††††††††††

††† Four (4) Applications for Raffles Licenses:

††††† Re: Lakeland Lancer Diamond Club - RA:701, 2) Combined Societies of Saint

†††††††††††† Francis Church Ė RA:702, 3) Lakeland Band Association Ė RA:703 and RA:704

 

††† Membership Application for the Wanaque Fire Department re: Christopher Fuehring Ė

††† Company #2 effective immediately

 

†† Resolution #162-0-08:

†††† Re:Refund of Tax overpayments on various properties in the amount of

†††††††††††† $2,078.49

 

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

 

BLOCK††††††††††† LOT†††††††††††††† AMOUNT

224††††††††††††††††† 3.01†††††††††††††† $628.36

438††††††††††††††††† 6††††††††††††††††††††† $1,450.13

 

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of$2,078.49 as per the certification of the Tax Collector.

 

††† Payment to County of Passaic:

†††††† Re:Open Space Taxes for the 4th Quarter in the amount of $37,555.41

 

††† Payment to County of Passaic:

†††††† Re:4th Quarter Taxes for the year 2008 in the amount of $1,894,190.79

 

†† Budgetary Transfers:

 

Be It Resolved by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2008 Local Municipal Budget be approved:

Be It Further Resolved that the proper Borough Officers are hereby directed to enter the said transfers on the financial records of the Borough:

 

††††††††††††††††††††††† FROM ††††††††††††††††††††††††††††††††††††††††††††††† TO

 

8-CU-01-104-221†††††††††††††††††† $2700.00†††††††† 8-CU-01-115-276†††††† $2700.00

Munic Clerk OE†††††††††††††††††††††††††††††††††††††††††††††† Engineering OE

 

8-CU-01-104-221†††††††††††††††††† $3500.00†††††††† 8-CU-01-130-299†††††† $3500.00

Munic. Clerk OE††††††††††††††††††††††††††††††††††††††††††††† OEMOE

 

8-CU-01-106-211†††††††††††††††††† $2000.00†††††††† 8-CU-01-115-276†††††† $7000.00

Finance OE

 

8-CU-01-107-249†††††††††††††††††† $2000.00††††††††

Tax Collector OE

 

8-CU-01-117-208†††††††††††††††††† $3000.00

Buildings & Grounds OE

 

†† Resolution #163-0-08:

†††† Re:Award Contract Ė Rock Salt ($63.81 per ton)

 

††††††††††† BE IT RESOLVED that the Mayor and Borough Clerk be and they are hereby authorized and directed to execute a contract with International Salt Company, Clark Summit, PA under the Passaic County Cooperative Pricing Program for Rock Salt at the price of $63.81 per ton; and

††††††††††† BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 132-247.

 

†† Resolution #164-0-08:

†††† Re:Authorize Grant Agreement Ė Passaic County Open Space $75,000

 

††††††††††† BE IT RESOLVED that the Mayor and Borough Clerk be and they are authorized and directed to execute a grant agreement with the County of Passaic under the 2008 Open Space and Farmland Preservation Trust Fund for $75,000 for the Memorial Field Light Replacement Project.

 

†† Resolution #165-0-08:

†††† Re:Payment to Applied Landscape Technologies for Addice Park/Wanaque

†††††††††††† School Field Improvements in the amount of $184,007.37

 

†††††††††††† BE IT RESOLVED that payment be made to Applied Landscape Technologies for Addice Park in the amount of $184,007.37.

 

†† Resolution #166-0-08:

†††† Re:Payment to Mike Fitzpatrick & Son, Inc. for the Emergency Booster

†††††††††††† Station Replacement Ė Change Order No. 2 in the amount of $5,355.00

 

BE IT RESOLVED that payment be made to Mike Fitzpatrick & Son, Inc. for the Emergency Booster Station Replacement approving Change Order No. 2 in the amount of $5,355.00 in accordance with the Borough Engineers letter dated October 7, 2008.

 

†† Resolution #167-0-08:

†††† Re:Payment to 4 Clean Up, Inc. for Laura Avenue Improvements Ė Phase I

†††††††††††† Change Order No. 1 in the amount of $18,106.14

 

BE IT RESOLVED that payment be made to 4 Clean Up, Inc. for Laura Avenue Improvements Ė Phase I approving Change Order No. 1 for a decrease of $12,226.40 and approving Current Estimate No. 3 in the amount of $18,106.14 in accordance with the Borough Engineers letter dated November 5, 2008.

 

††††††††††† On entertainment of the Mayor, Councilmen Pasquariello and OíConnell 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 October 2008NONE.

†††††††††††††††††††††††††††††††††††††††††††††††

4.†† Municipal Court Report for October 2008

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

5.†† Welfare Report for October 2008-NONE.

 

On entertainment of the Mayor, Councilmen OíConnell and Pasquariello moved that reports be received and filed; and that all monies be turned over to the Treasurer.

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

 

 

 

___________________________

††††† †††††††††††Daniel Mahler

†††††††††††††† ††††††Mayor

 

†† Engineer:

 

††††††††††† The Borough Engineer reported on the change order for Laura Avenue Phase I came in twelve thousand dollars lower than the bid.Haskell Water Tank bids came in from seven hundred fifty four thousand dollars to one million dollars.

†† Administrator:

 

††††††††††† The Borough Administrator reported working diligently on the budget.Two weeks ago we had freezing rain and snow and the road department was ready and is prepared for any additional bad weather.The elections went well and everyone was prepared and worked well together the OEM and police worked out well.

†††††††††††††††††††††††

†† Attorney:

†††††††††††

††††††††††† The Borough Attorney reported letters were sent out for the redevelopment to the property owners.Regarding Maple Avenue appeals from the Board of Adjustment there are small matter density issues.

 

COMMUNICATIONS:None.

†††††††††††

NEW BUSINESS:

 

†† Application for Tow Truck License re: Ringwood Towing

 

††††††††††† On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved a motion to approve the aforementioned application.

††††††††††† 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:

 

Wanaque Valley Regional Sewerage Authority Status:

 

††††††††††† No change in the status.

 

†† Status of US Aluminum Investigation:

 

††††††††††† No change in the status.

 

RESOLUTIONS:

 

†† Resolution #168-0-08:

†††† Re:Award BidĖ Haskell Tank Rehabilitation

 

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

 

††††††††††† WHEREAS, the Borough of Wanaque advertised for and received bids on October 28, 2008 for the Haskell Tank Painting project and bids were received from the following:

 

ß         JPI Painting, Inc.†††††††††††††††††††††††††††††††††††††††††††††††††††† $754,900.00

ß         Classic Protective Coasting†††††††††††††††††††††††† $790,875.00

ß         Amstar of Western N.Y.†††††††††††††††††††††††††††††††††††††††† $838,000.00

ß         RML Construction, Inc.††††††††††††††††††††††††††††† ††††††††††† $889,966.00

ß         Maple Electric Co. Construction††††††††††††††††††††††† $1,068,401.00

and;

††††††††††† WHEREAS, the Borough Engineer and the Borough Administrator have reviewed the bid of JPI Painting, Inc and finds it to be responsive and responsible.

††††††††††† NOW, THEREFORE, BE IT RESOLVED that a contract for the Haskell Tank Painting project be awarded to JPI Painting, Inc., 58 South Main Street, Suite 1, Poland, OH 44514 at the bid price of $754,900.00, and that the Mayor and Borough Clerk be and are hereby authorized to execute a contract; and

††††††††††† BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account Y-WC-04-114-201 ($740,000) and

8-WP-02-050-219 ($14,900).

 

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

 

†† Resolution #169-0-08:

†††† Re:Approve Highlands Conformance Process

 

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

 

ARESOLUTION SEEKING AN EXTENSION OF THE DEADLINE TO PETITION FORSUBSTANTIVE CERTIFICATION PURSUANT TO EXECUTIVE ORDER 114 AND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HIGHLANDS COUNCIL AND THE COUNCIL ON AFFORDABLE HOUSING

 

WHEREAS, on September 5, 2008, Governor Corzine signed Executive Order 114 which requires the Council on Affordable Housing (COAH) and the New Jersey Highlands Council (Highlands) to enter into a Memorandum of Understanding (MOU) designed to coordinate the regulations of both agencies by maximizing affordable housing opportunities while preserving critical environmental resources; and

 

WHEREAS, COAH and the Highlands have prepared such an MOU, which was adopted by COAH on October 29, 2008 and by the Highlands Council on October 30, 2008; and

WHEREAS, conformance with the Highlands Regional Master Plan (Plan Conformance) requires revisions to municipal and county master plans and development regulations as applicable to the development and use of land to align them with the goals, requirements, and provisions of the Regional Master Plan; and

WHEREAS, COAH regulations establish a December 31, 2008 deadline for municipalities currently under the jurisdiction of COAH to submit third round petitions for substantive certification of a municipal housing element and fair share plan; and

WHEREAS, the MOU establishes a procedure that municipalities under the jurisdiction of both COAH and the New Jersey Highlands Water Protection and Planning Act may follow to seek an extension to the December 31, 2008 deadline set by COAH for the submission of third round petitions for substantive certification of a municipal housing element and fair share plan; and

WHEREAS, the MOU provides for an extension of the December 31, 2008 deadline to December 8, 2009 for any Highlands municipality under COAHís jurisdiction that, before December 31, 2008: 1) submits a duly adopted Notice of Intent to Petition in accordance with the Highlands Councilís Plan Conformance Guidelines; and 2) submits a duly adopted resolution notifying COAH of its intent to petition COAH no later than December 8, 2009; and

WHEREAS, on November 10, 2008 the governing body of the Borough of Wanaque adopted a resolution notifying the Highlands that Borough of Wanaque set September 15, 2009 as the target date for submission of a Petition for Plan Conformance.

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Wanaque hereby agrees that its deadline for the submission of a Housing Element and Fair Share Plan pursuant to N.J.A.C. 5:96-16 is extended from December 31, 2008 to December 8, 2009; and

BE IT FURTHER RESOLVED that the governing body of the Borough of Wanaque hereby directs the Municipal Clerk to immediately transmit a signed and sealed copy of this resolution to COAH; and

BE IT FURTHER RESOLVED that the governing body of the Borough of Wanaque hereby directs the Municipal Clerk to immediately transmit a signed and sealed copy of the November 10, 2008 duly adopted Notice of Intent to Petition in accordance with the Highlands Councilís Plan Conformance Guidelines to COAH; and

 

BE IT FURTHER RESOLVED that the governing body of Borough of Wanaque intends to submit a petition for substantive certification of a third round Housing Element and Fair Share Plan to COAH not later than December 8, 2009.

 

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

 

†† Resolution #170-0-08:

†††† Re:Petition COAH for Highlands Extension

 

††††††††††† On entertainment of the Mayor, Councilmen Pettet and Balunis moved that,

 

ARESOLUTION SEEKING AN EXTENSION OF THE DEADLINE TO PETITION FORSUBSTANTIVE CERTIFICATION PURSUANT TO EXECUTIVE ORDER 114 AND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HIGHLANDS COUNCIL AND THE COUNCIL ON AFFORDABLE HOUSING

 

WHEREAS, on September 5, 2008, Governor Corzine signed Executive Order 114 which requires the Council on Affordable Housing (COAH) and the New Jersey Highlands Council (Highlands) to enter into a Memorandum of Understanding (MOU) designed to coordinate the regulations of both agencies by maximizing affordable housing opportunities while preserving critical environmental resources; and

WHEREAS, COAH and the Highlands have prepared such an MOU, which was adopted by COAH on October 29, 2008 and by the Highlands Council on October 30, 2008; and

WHEREAS, conformance with the Highlands Regional Master Plan (Plan Conformance) requires revisions to municipal and county master plans and development regulations as applicable to the development and use of land to align them with the goals, requirements, and provisions of the Regional Master Plan; and

WHEREAS, COAH regulations establish a December 31, 2008 deadline for municipalities currently under the jurisdiction of COAH to submit third round petitions for substantive certification of a municipal housing element and fair share plan; and

WHEREAS, the MOU establishes a procedure that municipalities under the jurisdiction of both COAH and the New Jersey Highlands Water Protection and Planning Act may follow to seek an extension to the December 31, 2008 deadline set by COAH for the submission of third round petitions for substantive certification of a municipal housing element and fair share plan; and

WHEREAS, the MOU provides for an extension of the December 31, 2008 deadline to December 8, 2009 for any Highlands municipality under COAHís jurisdiction that, before December 31, 2008: 1) submits a duly adopted Notice of Intent to Petition in accordance with the Highlands Councilís Plan Conformance Guidelines; and 2) submits a duly adopted resolution notifying COAH of its intent to petition COAH no later than December 8, 2009; and

WHEREAS, on November 10, 2008 the governing body of the Borough of Wanaque adopted a resolution notifying the Highlands that Borough of Wanaque set September 15, 2009 as the target date for submission of a Petition for Plan Conformance.

NOW, THEREFORE, BE IT RESOLVED, that the Borough of Wanaque hereby agrees that its deadline for the submission of a Housing Element and Fair Share Plan pursuant to N.J.A.C. 5:96-16 is extended from December 31, 2008 to December 8, 2009; and

BE IT FURTHER RESOLVED that the governing body of the Borough of Wanaque hereby directs the Municipal Clerk to immediately transmit a signed and sealed copy of this resolution to COAH; and

BE IT FURTHER RESOLVED that the governing body of the Borough of Wanaque hereby directs the Municipal Clerk to immediately transmit a signed and sealed copy of the November 10, 2008 duly adopted Notice of Intent to Petition in accordance with the Highlands Councilís Plan Conformance Guidelines to COAH; and

BE IT FURTHER RESOLVED that the governing body of Borough of Wanaque intends to submit a petition for substantive certification of a third round Housing Element and Fair Share Plan to COAH not later than December 8, 2009.

 

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

 

†† Resolution #171-0-08:

†††† Re:Professional Services - Highlands Planner Needs Assessment

 

††††††††††† On entertainment of the Mayor, Councilmen OíConnell and Pettet moved that,

 

††††††††††† WHEREAS, the Borough of Wanaque has received a grant of $15,000 from the New Jersey Highlands Council to conduct a needs assessment for compliance with the Highlands Master Plan; and

††††††††††† WHEREAS, Fred Suljic, P.P is knowledgeable in the Highlands rules, and has submitted a proposal to perform this needs assessment; and

††††††††††† WHEREAS, the proposal cost of $15,000 which is below the threshold for ďPay to PlayĒ compliance;

††††††††††† NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque accepts the proposal of Fred Suljic, P.P. HC1, Box 1 A 217, Lackawaxen, PA 18435 in the amount of $15,000 to conduct a Highlands needs assessment for the Borough of Wanaque; and

††††††††††† BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified funds are available through Resolution #152-0-08 adopted September 8, 2008.

 

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

 

†† Resolution #172-0-08:

†††† Re:Designating Certain Areas as an area in need of Redevelopment

 

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

 

RESOLUTION DESIGNATING A PORTION OF THE BOROUGH OF WANAQUE AS AN AREA IN NEED OF REDEVELOPMENT

 

 

††††††††† WHEREAS, on July 14, 2008 the Borough Council of the Borough of Wanaque adopted a Resolution authorizing and directing the Wanaque Planning Board to undertake a preliminary investigation to determine whether the properties in a proposed redevelopment area is a redevelopment area in accordance with the criteria set forth in the New Jersey Local Redevelopment and Housing Law (N.J.S.A 40A:12A-1 et seq.); and

††††††††† WHEREAS, the primary goals of the Borough of Wanaque redevelopment effort as indicated in the aforesaid Council resolution is to: 1) improve property conditions in the Borough; 2) improve the quality of life of Borough residents; and 3) improve the economic foundation of the Borough so that long-term property tax stability is realized by all Wanaque taxpayers; and

††††††††† WHEREAS, the Local Redevelopment and Housing Law (LRHL) allows for the substantial improvement to properties included in an area in need of redevelopment resulting in capital investment and the turnaround or rearrangement of properties that are either unused, underutilized, fragmented, or deteriorated, or in the alternative may help achieve the policy and planning goals and objectives of the State of New Jersey Development and Redevelopment Plan; and


††††††††† WHEREAS, the Wanaque Planning Board thoroughly reviewed and discussed the issue of redevelopment and the process of investigating an area in need of redevelopment. This review included a review of the criteria set forth in the LRHL (N.J.S.A. 40A:12A-5) to determine if said area of Wanaque qualifies as an area in need of redevelopment; and

††††††††† WHEREAS, the Wanaque Planning Board authorized the Planning Consultants, Benecke Economics, to conduct a study of the proposed potentialredevelopment area and make a recommendation as to whether the area identified by the Council satisfies the criteria of the LRHL, the Borough Council also made available the professional services of Mr. Benecke, Mr. Suljic PP, and Dr. Coleman to assist the Planning Board in the redevelopment process and understanding the economic issues respecting this proposed potential redevelopment area; and

††††††††† WHEREAS, on October 16, 2008 the Wanaque Planning Board conducted public hearings pursuant to the LRHL and following publication and wide distribution of a notice of hearing and following the preparation of a map of the potential area in need of redevelopment; and

††††††††† WHEREAS, the Planning Board considered the Redevelopment Investigation Report, dated October 6, 2008 prepared by Benecke Economics, said report having been provided to the property owners and made available to the general public; and

††††††††† WHEREAS, on October 16, 2008 the Wanaque Planning Board unanimously adopted a motion finding that the area referenced herein qualifies under N.J.S.A. 40A: 12A-1 et seq. as an area in need of redevelopment; and††

††††††††† NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque that, based upon the recommendation of the Wanaque Planning Board and recognizing the diligent work of the Board, the properties located at the following parcels of properties, as further identified by the Planning Board at their October 16 meeting, are hereby designated as an area in need of redevelopment pursuant to the provisions of NJSA 40A:12A-1 et seq.

†††††††††††††††††† ďBlock 231, Lot 11; Lots 5, 5.01, 7, 8, 9, and 10. This area is generally located along Ringwood Avenue in the Midvale section of the Borough and includes the former ďRheinsmith SchoolĒ property.

††††††††† Block 232, Lots 6 and 8; Lots 11 and 13. This area is generally located along Ringwood Avenue and includes the current municipal building and adjacent parking lot.

††††††††† Block 220, Lots 4, 11. This area is generally located along Ringwood Avenue and is located in the Midvale section of the Borough.

††††††††† Block 435, Lots 5 and 5.01. This is the US Aluminum factory site.

††††††††† Block 435, Lots 13, 14.01, 15, 16, and 17. This area is generally located along Ringwood Avenue and is located in the Haskell Town Center

 

††††††††† BE IT FURTHER RESOLVED that the Borough Council will NOT be authorizing the use of eminent domain condemnation regarding this matter, with the sole (possible) exception of Block 435, Lot 5.01-a property in tax foreclosure proceedings.

 

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

 

†† Resolution #173-0-08:

†††† Re:Award ďNot Fair and OpenĒ Quote Ė Fourth Avenue Tie-Ins

 

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

RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR FOURTH AVENUE TIE-INS

 

††††††††††† WHEREAS, the Borough of Wanaque has a need to acquire installation of water services on Fourth Avenue as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5 and,

WHEREAS, the Borough Administrator/Qualified Purchasing Agent has determined and certified in writing that the value of the acquisition will exceed $17,500; and,

WHEREAS, the anticipated construction time of this contract is two (2) weeks; and

WHEREAS, Mike Fitzpatrick Equipment Company has submitted a proposal dated October 17, 2008 indicating they will provide the water service interconnections on Fourth Avenue for the quoted price of $25,600; and

WHEREAS, Mike Fitzpatrick Equipment Company, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that Mike Fitzpatrick Equipment Company, Inc. 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 the Mike Fitzpatrick Equipment Company, Inc. 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-WP-02-050-219.

††††††††††† NOW THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of Wanaque hereby authorizes the Borough Administrator/Qualified Purchasing Agent to issue a purchase order to Mike Fitzpatrick Equipment Company 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.

 

††††††††††† 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††††††††††††††††††††††††††††††††††††††††††† †††††††††††††††††††††††††††††$††† 2,830.00

 

CURRENT 2008†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 433,940.01

 

CURRENT PRE-PAID†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 10,417.85

 

WATER OPERATING 2007†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 64.86

 

WATER OPERATING 2008††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 40,189.23

 

WATER PREPAID††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 487.92

 

GENERAL CAPITAL†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 8,402.18

 

WATER CAPITAL††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 30,487.60

 

ESCROW BOOKKEEPER††††††††††††††††††††††††††††††††††††††† †††††††††††††††††††††††2,336.32

 

PUBLIC ASSISTANCE††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 9,130.00

 

RECREATION TRUST†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 6,437.95

 

ANIMAL TRUST†††††††††††††††††††† †††††††††††††††††††††††††††††††††††††††††††††††__†††††††††† 42.60 ___††

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††

††††††††††††††††††††††††††††††††††††††††††††††††††††††††† TOTAL VOUCHERS†††††††† $544,766.82

 

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

APPROVED:November 10, 2008

 

 

___________________________

††††††††††††††† Daniel Mahler

†††††† †††††††††††††Mayor

 

 

Payrolls:

†††††††††††

††††††††††† Councilmen Pettet and OíConnell moved a resolution approving the following payrolls:

†††††††††††††††††††††††††††††††††††

††††††††††††††††††††††††††††††††††† Payroll #21†††††††††††††††††† p/e 10/17/08†††††††††††††††††† $190,772.12

 

††††††††††††††††††††††††††††††††††† Payroll #22††††††††††††††††† p/e 10/31/08†††††††††††††††††† $194,647.64

††††††††††††††††††††††††††††††††††† †††††††††††††††††††††††††††††††

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †† †††††††† †††Payroll Total†††††††††††††† $385,419.76

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †††††††††GRAND TOTAL††††††††††††† $930,186.58

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

APPROVED:November 10, 2008

________________________________

††† †††††††††††††††††Daniel Mahler

††††††††††††††††††††††††† Mayor

 

NEW BUSINESS:

 

†† Closed Session:

†††† Re:Negotiations/Personnel/Litigation

 

††††††††††† On entertainment of the Mayor, Councilmen Pasquariello and Balunis 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 for properties in the redevelopment area..

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 OíConnell and Balunis moved a motion to reconvene.

††††††††††† On roll call, all were present.

†††††††††††

ADJOURNMENT:

 

On entertainment of the Mayor, Councilmen OíConnell 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 9:35 P.M.

 

 

___________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk