MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

AGENDA
Special Business Meeting
December 29, 2008

A Special Business Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, December 29, 2008 at 7:00 P.M. in the Wanaque Municipal Building.

The Mayor called the meeting to order with the flag salute.

ROLL CALL:

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

The Mayor read the following Sunshine Statement: Adequate notice of this meeting has been provided by the Mayor and Council by e-mailing notice of this meeting to the Suburban Trends and the Herald News newspapers on December 13, 2008 stating therein that this meeting would be held on Monday, December 29, 2008 at the time of 7:00 P.M., in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey, and a copy of this notice was posted on the bulletin board in the Wanaque Municipal Building on December 13, 2008, and a copy is on file in the office of the Municipal Clerk.

Public Hearing of Ordinance #2-0-08:
Re: Dissolution of Wanaque Valley Regional Sewerage Authority

On entertainment of the Mayor, Councilmen O’Connell and Balunis moved a motion to table Ordinance #2-0-08.
On roll call, all voted yes, and the Mayor declared the motion carried.

Public Hearing of Ordinance #24-0-08:
Re: Amend Zoning Ordinance – AH – Zone - Fourth Avenue Renewal Area

On entertainment of the Mayor, Councilmen Theoharous and Balunis moved a motion to table Ordinance #24-0-08.
On roll call, all voted yes, and the Mayor declared the motion carried.

Public Hearing of Ordinance #25-0-08:
Re: Establishing Article XII of Regulating Wireless Telecommunication Towers and Antennas

On entertainment of the Mayor, Councilmen Theoharous and Pettet moved a motion that Ordinance #25-0-08 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 ESTABLISHING ARTICLE XII OF THE CODE OF THE BOROUGH OF WANAQUE REGULATING WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS.

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

The Mayor opened the Public Hearing.

Dave DaSilva, 108 Monroe Street, Haskell said was there a fuller version of this published in the paper because I didn’t see it describing exactly what the Ordinance was.
The Municipal Clerk said it was published last month in the paper.
Dave DaSilva said can you briefly describe what this covers without going into too much detail.
The Mayor said basically it’s an Ordinance that limits wireless telecommunication towers and antennas to Borough property.
Dave DaSilva said to only Borough property.
The Mayor said yes.
Dave DaSilva said okay thank you.

The Mayor closed the Public Hearing.

Councilmen Balunis and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE
ESTABLISHING ARTICLE XII OF THE CODE OF THE BOROUGH OF WANAQUE REGULATING WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

Public Hearing of Amended Ordinance #26-0-08:
Re: Dissolving the Wanaque Borough Board of Adjustment and consolidating and Confirming its powers on the Wanaque Planning Board

On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved a motion to table Ordinance #26-0-08.
On roll call, all voted yes, and the Mayor declared the motion carried.

Resolution #192-0-08:
Re: Refund of overpayments of Tax on various properties in the amount of $9,827.37

Remove from the agenda.

Resolution #193-0-08:
Re: Cancel Appropriations

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

WHEREAS, the following Water Operating budget appropriation balances remain unexpended:

Purchase of Water $88,922.73

Capital Outlay $21,000.00

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balance may be credited to Surplus;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Wanaque, that the above listed unexpended balance of $109,922.73 be canceled to surplus.

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

Resolution #194-0-08:
Re: Budgetary Transfers

On entertainment of the Mayor, Councilman O’Connell and Councilwoman Cisco moved that,
Resolution for Inter Appropriation 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-01-099-109 $11,800.00 8-CU-01-099-103 $1,900.00
Tax Collector S&W Election S&W
8-CU-01-141-299 $ 300.00
Public Assist. O.E.
8-CU-01-099-104 $8,500.00
Munic Clerk S&W
8-CU-01-099-119 $ 100.00
Plan Bd S&W
8-CU-01-099-133 $ 500.00
EOM S&W
8-CU-01-099-139 $ 500.00
Recreation S&W
8-CU-01-099-142 $55,400.00 8-CU-01-099-134 $40,000.00
CCO S&W Bd of Health S&W
8-CU-099-144 $4,000.00
Elect. Insp S&W
8-CU-099-145 $5,000.00
Plumb Insp. S&W
8-CU-01-099-106 $6,400.00
Finance S & W

8-CU-01-099-142 $5,500.00 8-CU-01-146-201 $ 3,000.00
CCO S&W Telephone
8-CU-01-120-276 $ 2,500.00
Bd of Adj. O.E.

8-CU-01-136-256 $19,000.00 8-CU-01-219-301 $11,000.00
Sanitation Insurance- reimb.
8-CU-01-134-299 $ 1,000.00
Bd of Health O.E.
8-CU-01-142-261 $ 7,000.00
CCO O.E.

8-CU-01-201-237 $ 2,200.00 8-CU-01-099-201 $ 2,200.00
Munic Court O.E. Munic Court S&W

8-CU-01-104-221 $3,400.00 8-CU-01-101-221 $3,400.00
Munic Clerk O.E. Admin O.E.

8-CU-01-099-124 $32,000.00 8-CU-01-125-263 $32,000.00
Police S&W Police Car

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

Resolution #195-0-08:
Re: Highlands Conformance Participation (Replaces Resolution #169-0-08)

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

NOTICE OF INTENT TO PETITION THE HIGHLANDS COUNCIL FOR PLAN CONFORMANCE

WHEREAS, the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A. 13:20-1 et seq., finds and declares that protection of the New Jersey Highlands is an issue of State level importance because of its vital link to the future of the State’s drinking water supplies and other key natural resources; and
WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the Highlands Water Protection and Planning Council (Highlands Council) to prepare and adopt a Regional Master Plan for the Highlands Region and requiring that within nine to 15 months after September 8, 2008, each county and municipality located wholly or partially in the Preservation Area must submit a Petition for Plan Conformance to the Highlands Council for that portion of its jurisdiction lying within the Preservation Area; and
WHEREAS, the Highlands Act specifies that conformance with the 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, the Highlands Council’s Plan Conformance Guidelines require that for jurisdictions with any lands in the Preservation Area, a Notice of Intent to conform to the Regional Master Plan must be submitted to the Highlands Council as soon as practicable, but not later than February 1, 2009 and that for any lands in the Planning Area, a Notice of Intent may be submitted at any time; and
WHEREAS, the Borough of Wanaque lies within the Highlands Region as defined by the Highlands Act; and
WHEREAS, the Borough Council of the Borough of Wanaque believes that it is in the best interest of the Borough of Wanaque to conform to the Regional Master Plan.
NOW, THEREFORE BE IT RESOLVED, that the Governing Body of the Borough of Wanaque, Passaic County, hereby provides the Highlands Council with this Notice of Intent to petition the Highlands Council for Plan Conformance for all lands lying within the Preservation Area.
BE IT FURTHER RESOLVED, this Notice of Intent additionally specifies that the Governing Body of the Borough of Wanaque intends to include all lands lying with the Planning Area in the petition. In accordance with the Highlands Council’s Plan Conformance Guidelines, this Notice of Intent is not binding with respect to lands within the Planning Area.
BE IT FURTHER RESOLVED, this Notice of Intent provides notice to the Highlands Council that the Governing Body of the Borough of Wanaque has set September 15, 2009 as the target date for submission of a Petition for Plan Conformance.
BE IT FURTHER RESOLVED, that resolution 169-0-08 adopted November 10, 2008 be repealed and substituted by this resolution.

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

Two (2) Membership Applications for the Wanaque Volunteer Fire Department:
Re: 1) John DeNoble – Company #2, 2) William Stankevitch – Company #1
Effective immediately subject to physical examination approvals

On entertainment of the Mayor, Councilmen Theoharous and O’Connell moved a motion to approve the aforementioned membership applications.
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 2008 $119,211.29

CURRENT PREPAID 3,244.40

WATER OPERATING 2008 22,129.86

WATER OPERATING PREPAID 406.46

GENERAL CAPITAL 6,361.88

WATER CAPITAL 492.00

ESCROW BOOKKEEPER 1,318.78

PUBLIC ASSISTANCE 8,151.30

RECREATION TRUST 17,890.00

OPEN SPACE 362.00

ANIMAL TRUST __ 4.20 ___

TOTAL VOUCHERS $179,572.31

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: December 29, 2008

___________________________
Daniel Mahler
Mayor

Payrolls:

Councilmen Pettet and Theoharous moved a resolution approving the following payrolls:
Payroll #25 p/e 12/12/08 $207,286.78

Payroll #26 p/e 12/26/08 $206,126.33_

Payroll Total $413,413.11

GRAND TOTAL $592,985.42

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: December 29, 2008

________________________________
Daniel Mahler
Mayor

Public Discussion:

The Mayor opened the Public Discussion.

Sandy Lawson, 28 Haskell Avenue, Haskell said what was the outcome on the zoning ordinance.
The Mayor said it was tabled.
Sandy Lawson said I hope that you will look long and hard before you decide to change that.
The Mayor that’s why we tabled it.
Sandy Lawson said on the cancel the appropriations what are the appropriations.
The Borough Administrator said they are the purchase of water and various water appropriations that now go to surplus and make it available for next years’ budget. We do that regularly each year, for the water.
Sandy Lawson said where do we usually purchase it from.
The Borough Administrator said this is the water we purchase from Passaic Valley. This is our peaking water and we didn’t have to buy as much this year.
Sandy Lawson said with regard to the budgetary transfers could you give us a number of what they are.
The Borough Administrator said it’s two thousand dollars to finance, two thousand nine hundred dollars to public inspection, ten thousand dollars to water operations, FICA one hundred sixty one dollars, audit five thousand dollars, public buildings seven thousand five hundred dollars, fire dept other expenses two thousand five hundred dollars, Board of Adjustment four thousand dollars, municipal services act seven thousand five hundred dollars, stormwater management five hundred dollars, department of public works other expenses, forty thousand dollars. These are all just to make sure we have sufficient balances should any bills come in.
Sandy Lawson said for the audit, that is just for the budgetary audit.
The Borough Administrator said yes that is audit and financial statements and things like that.
Sandy Lawson said okay. Thank you.

Dave DaSilva, 108 Monroe Street, Haskell said what was the amount of the total appropriations that were cancelled.
The Borough Administrator said one hundred nine thousand nine hundred twenty two dollars and seventy three cents.
Dave DaSilva said and what is the total amount of budgetary transfers.
The Borough Administrator said I don’t have a total on it.
Dave DaSilva said I find it odd you called a special meeting for a couple of things that you tabled. What happened.
The Mayor said with regard to the zoning on Fourth Avenue we decided to take a little harder look at it so we tabled it and the Board of Adjustment Councilman O’Connell met with the board and they’re going to make some changes and we decided to table that also.
Dave DaSilva said in reference to the candle factory property, before you vote on it will you have a new developers agreement.
The Borough Attorney said procedurally the developers agreement comes after. It doesn’t precede action by the Mayor and Council, or in this case the planning board. As if and when those public bodies meet and come to some resolution there is no developers agreement. There is an existing agreement. So it can only be modified pursuant to action taken by this governing body and the planning board.
Dave DaSilva said so the action is taken by the planning board and then Mayor and Council and then the Mayor and Clerk get authorized to sign the document.
The Borough Attorney said well they authorize the attorney to review all of the papers and documents that were submitted to the planning board and to this governing body and to encapsulate that into an developers agreement which not only takes into consideration the conditions of approval given in connection with any changes that are made but also any new laws that have come on the books such as we have one for water infrastructures and anything else that has to be done, developers fees, things of that nature.
Dave DaSilva said okay thanks.

Louis Bakula, 21 Gorge Drive, Haskell said can any one give me insight as to the big concrete castings that are on the corner of Roger Avenue and Gorge Drive.
The Borough Administrator said the best that I know it’s the local sewer authority. They’re putting in a sewer line.
Louis Bakula said it seems like a lot of stuff just to feed one new house.
The Borough Administrator said it’s not just feeding one new house. They’re coming up through that property and coming down Gorge Drive and hooking in the pump station so that the pump station won’t be needed any more and everything will be able to gravitate down Greenwood Avenue.
Louis Bakula said did that have anything to do with that incident that happened on Greenwood Avenue last Monday, the big gas leak.
The Borough Administrator said I understand the contractor apparently hit the gas line it was mis-marked.
Louis Bakula said so that is going to feed everyone from Skylands Avenue down through John Dee’s property to Greenwood Avenue.
The Borough Administrator said correct.
Louis Bakula said how will that affect the surrounding areas because then all of Gorge Drive can be gravity fed into that line.
The Borough Administrator said that you would have to ask the sewer authority.
Louis Bakula said okay. Thank you.

The Mayor closed the public discussion.

ADJOURNMENT:

On entertainment of the Mayor, Councilmen Pettet and Theoharous moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 7:15 P.M.

___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk