MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES
Regular Meeting
October 5, 2009

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, October 5, 2009, at 8:00 P.M. in the Wanaque Municipal Building.

The Mayor called the meeting to order.

On roll call, the following Council Members responded: Balunis, Cisco, O’Connell, Pasquariello, Pettet 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.

MINUTES:

Regular Meeting of September 14, 2009.

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion to approve the aforementioned Minutes.
On roll call, all voted yes, and the Mayor declared the motion carried.

ORDINANCES:

Public Hearing of Ord. #16-0-09:
Re: An Ordinance to Dissolve the Wanaque Valley Regional Sewerage Authority

On entertainment of the Mayor, Councilmen Theoharous and O’Connell moved a motion to table Ordinance #16-0-09 to the November meeting.
On roll call, all voted yes, and the Mayor declared the motion carried.

Introduction of Ord. #20-0-09:
Re: Amend Chapter 91 – Sewers to Establish a Sewer Utility

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that Ordinance #20-0-09 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 TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 91, “SEWERS” TO CREATE A SEWER UTILITY.

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 91, “SEWERS” TO CREATE A SEWER UTILITY 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 November 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.

Introduction of Ord. #21-0-09:
Re: Amend Chapter 108 – Vehicles and Traffic to amend Section 108-14 – No Parking portion of Tremont Terrace

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that Ordinance #21-0-09 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 TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC TO AMEND SECTION 14, SECTION I, NO PARKING.

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous 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 SECTION 14, SECTION I, NO PARKING 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 November 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.

Introduction of Ord. #22-0-09:
Re: Amend Chapter 108 – Vehicles and Traffic to amend Section - Bus Stops

On entertainment of the Mayor, Councilmen Theoharous and Pasquariello moved that Ordinance #22-0-09 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 TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC, TO AMEND SECTION 23, SCHEDULE X, BUS STOPS.

On entertainment of the Mayor, Councilmen Theoharous and Pasquariello 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 SECTION 23, SCHEDULE X, BUS STOPS 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 November 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.

COMMITTEE REPORTS: (Work Meeting)

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

Dave DaSilva, 108 Monroe Street, Haskell said what is the status of Arrow Group and redirecting the water that comes off the roof.
The Mayor said there is a grant from the County and should help with the water situation.
Dave DaSilva said there is video of the water shooting off the roof. A letter was received from Brown and Caldwell regarding the contamination above the standards within seven acres of a cloud of smoke from venting on the roof and properties. The rain water drains on the street and the kids play in the water and there is concern about contamination. Should put pressure to redirect the water to a basin on Arrow’s property.
The Borough Administrator said we’ll look to get permission for the basin and down spouts.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Two (2) Membership Applications for Wanaque Borough Volunteer Fire Department:
Re: 1) Jason Roettger – Company No. 1 and 2) Frederick Tritschler – Company No. 1

Application for Tow Truck License:
Re: Ringwood Towing, LLC

Application for Flea Market License:
Re: Wanaque Borough Fire Department Ladies Auxiliary – October 24 ,2009

Resolution #161-0-09:
Re: Halloween Curfew

WHEREAS, the Police Department has determined that a Halloween curfew would be in the best interest of the citizens of Wanaque; and
WHEREAS, said curfew would limit the potential damage to persons and property;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque as follows:

1) There will be a curfew on Friday, October 30th and on Saturday, October 31st at 9:00 P.M. for all children under the age of eighteen.
2) That the fire whistle be sounded at 9:00 P.M. on October 30th and on October 31st to make the children aware that the curfew is in effect.

Resolution #162-0-09:
Re: 2008 Audit – Corrective Action Plan

WHEREAS, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have an annual audit of its books, accounts and financial transactions; and
WHEREAS, The Annual Report of Audit for the year 2008 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A: 5-6, and a copy has been received by each member of the Governing Body; and
WHEREAS, Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and
WHEREAS, The Local Finance Board has promulgated a regulation requiring that the Governing Body of each municipality shall by Resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the Annual Audit entitled:
General Comments
Recommendations
and
WHEREAS, The members of the Governing Body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

General Comments
Recommendations

as evidenced by the group affidavit form of the Governing Body; and
WHEREAS, Such Resolution of certification shall be adopted by Governing Body no later than forty-five days after receipt of the Annual Audit, as per the regulations of the Local Finance Board; and

WHEREAS, All members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and
WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52 - to wit:
R.S. 52:27BB-52 - “A local officer or member of a local Governing Body who, after a date fixed for compliance fails or refuses to obey an order of the Director of Local Government Services, under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than on thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.”
NOW, THEREFORE, BE IT RESOLVED, That the Governing Body of the Borough of Wanaque, hereby states that it has compiled with the promulgation of the Local Finance board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON October 5, 2009.

Resolution #163-0-09:
Re: Approve Storm Drain Connection Agreement

BE IT RESOLVED that Thomas F. Carroll, Borough Administrator be and he is hereby authorized and directed to execute an agreement with the County of Passaic to connect storm drains from First Street and Second Street into the County’s Storm Drain System on Ringwood Avenue.

Resolution #164-0-09:
Re: Chapter 159 – Passaic County Open Space and Recreation Grant - $75,000.00

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any Special Item of Revenue in the Budget of any County of Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of adoption of the Budget; and
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount;
NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque, in the County of Passaic, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an Item of Revenue in the Budget for the year 2009 in the amount of $75,000.00 from Passaic County Open Space and Recreation for Memorial Field lights.
BE IT FURTHER RESOLVED, that a sum of $75,000.00 is hereby appropriated under the caption of: Memorial Fields Lights $75,000.00

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

Resolution #166-0-09:
Re: Participation in Morris County Cooperative Pricing Program

BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC AND STATE OF NEW JERSEY:

This Resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Wanaque.

Pursuant to the provisions of N.J.S.A. 40A:11-10 and 11 the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the “Lead Agency” (Township of Randolph) for the purchase of work, materials, supplies and services expiring on September 30, 2011.

The Lead Agency (Township of Randolph) entering into contracts on behalf of the Borough of Wanaque shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.

On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco 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 September 2009 NONE.

4. Municipal Court Report for September 2009

5. Welfare Report for September 2009 - NONE.

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

___________________________
Daniel Mahler
Mayor

Administrator:

Engineer:

Attorney:

COMMUNICATIONS: None.

NEW BUSINESS:

Closed Session:
Re: Litigation / Negotiation / Personnel

Held prior to the meeting.

UNFINISHED BUSINESS: None.

RESOLUTIONS:

Resolution #165-0-09:
Re: Professional Services – Kinsey Associates – Memorial Field Lights Design

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

WHEREAS, the Borough of Wanaque wishes to replace the lights at Memorial Field; and
WHEREAS, the Borough has received a proposal from Kinsey Associates to design the electrical system for the lights, at an amount of $16,500; and
WHEREAS, the value of the contract is less than $17,500 and is exempt from the “Pay to Play” requirements.
NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to Kinsey Associates, 486 Schooley’s Mountain Road, Hackettstown, New Jersey 07840 in the amount of $16,500 for the design of the Memorial Field Lighting System; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the Passaic County Open Space and Recreation Grant.

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

Resolution #167-0-09:
Re: Approve Police Supervisor Officer’s Agreement

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

BE IT RESOLVED that the Collective Bargaining agreement between the Borough of Wanaque and the Wanaque Police F.O.P. #145 Superior Officers, for the period of January 1, 2010 through December 31, 2014 be and is hereby approved.

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

Resolution #168-0-09:
Re: Award Bid – Passaic County Cooperative Pricing Program – Rock Salt

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
WHEREAS, the County of Passaic has awarded a contract for the purchase of rock salt, which includes members of the Passaic County Cooperative Pricing; and
WHEREAS, the Borough of Wanaque wishes to utilize this contract for the purchase of rock salt.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Borough Clerk be and are hereby authorized and directed to enter into a subsidiary contract with Atlantic Salt, Inc, Lowell, MA. for the purchase of up to 1500 tons of rock salt at the low bid price of $56.42 per ton; and
BE IT FURTHER RESOLVED that this is a subsidiary contract to the award of bid made by the Passaic County Board of Chosen Freeholders on September 12, 2006 and designated as contract #38-PCCP 09-1; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 9-CU-01-132-247.

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 $ 8,971.32

CURRENT 2009 214,226.75

WATER OPERATING PREPAID 450.96

WATER OPERATING 2009 20,090.30

GENERAL CAPITAL 7,140.00

PUBLIC ASSISTANCE 9,955.10

RECREATION TRUST 270.00

ANIMAL TRUST 18.00

TOTAL VOUCHERS $261,122.43

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: October 5, 2009

___________________________
Daniel Mahler
Mayor


Payrolls:

Councilmen Pettet and O’Connell moved a resolution approving the following payrolls:
Payroll #19 p/e 9/22/09 $200,452.89_

Payroll Total $200,452.89

GRAND TOTAL $461,575.32

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: October 5, 2009
________________________________
Daniel Mahler
Mayor


NEW BUSINESS:

Closed Session:
Re: Negotiations / Personnel / Litigation

Held prior to the meeting.

ADJOURNMENT:

On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 8:15 P.M.

___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk