MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES
Regular Meeting
December 14, 2009

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, December 14, 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 November 9, 2009.

On entertainment of the Mayor, Councilmen Theoharous and Pettet moved a motion to approve the aforementioned Minutes.

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

PRESENTATIONS:

Councilman Ed O’Connell:

The Mayor presented a plaque to Councilman O’Connell for his years of service on the Council.
The Borough Administrator spoke about Councilman O’Connell’s years on the Council.

John DiMeglio – Planning Board Member:

Held.

ORDINANCES:

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

On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco moved a motion to table Ordinance #16-0-09.
On roll call, all voted yes, and the Mayor declared the motion carried.

Public Hearing of Ord. #23-0-09:
Re: Redevelopment Area – Union Court

On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion that Ordinance #23-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE AMENDING § 114-14.14 OF THE BOROUGH OF WANAQUE CODE PERTAINING TO THE RD-1 ZONE AND AMENDING THE 1998 REDEVELOPMENT PLAN FOR THOSE PROPERTIES LOCATED IN BLOCK 477, AS DEPICTED ON THE BOROUGH TAX MAP, SAID PROPERTIES BEING INCLUDED IN SAID PLAN AND BEING LOCATED ALONG, OR IN THE IMMEDIATE VICINITY OF, UNION AVENUE IN THE BOROUGH OF WANAQUE. FURTHER, DESIGNATING THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE AS THE REDEVELOPMENT ENTITY FOR THE SERVICE BUSINESS DISTRICT-2 (A REDEVELOPMENT AREA) AND CREATING THE SBD-2 ZONE. CHAPTER 114 OF THE CODE OF THE BOROUGH OF WANAQUE ENTITLED ‘ZONING AND LAND USE’ IS HEREBY AMENDED TO INCLUDE THE SBD-2 ZONE.

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.

Robert Benecke, Benecke Economics said Block 402 was not designated in 1998 so it can not be included. The tax map included is the current one used by the Tax Assessor and the tax maps should be updated. The point of area, I believe the lot lines will have to be redrawn and should give power to the Planning Board to redraw the lines as subdivision. Union Court is a lot not a street.

Sandy Lawson, 28 Haskell Avenue, Haskell said regarding the homes on the street what does it mean for the residents on the street.
The Mayor said it was offered to all four residents and they agreed to it and the developer has to have all four residents to agree.
Sandy Lawson said the lines being redrawn what does that mean.
The Borough Attorney said the developer has the right to redraw the lines for development. It does not effect the property owners.

Robert Kincade, 39 Union Court, Haskell said what is the status of Union Court. I have lived there since April 1968 and the property was deeded to my sister who I purchased it from. It is a private road and the State came through and said we have an easement there. The State doesn’t want the road.
Robert Benecke said the Attorney and the office can do a title search to see who owns the property and need to authorize the title search.

Dave DaSilva, 108 Monroe Street, Haskell said how many dwellings are there and are they one or two families and how many sewers are current capacity today.
The Borough Administrator said they are one family and 1.25 million gallon capacity.
Dave DaSilva said are any there any other effects of this and is the Borough to puchase any of this.
The Borough Administrator said no.
Dave DaSilva said there is zero cost to the Borough. The pumping station, the redeveloper should have the right of way to the pumping station. There are water issues there, the bridge collapsed and there are not many ways to get back there.
The Borough Administrator said we’ll make sure it works.

The Mayor closed the Public Hearing.

Councilmen Balunis and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AMENDING § 114-14.14 OF THE BOROUGH OF WANAQUE CODE PERTAINING TO THE RD-1 ZONE AND AMENDING THE 1998 REDEVELOPMENT PLAN FOR THOSE PROPERTIES LOCATED IN BLOCK 477, AS DEPICTED ON THE BOROUGH TAX MAP, SAID PROPERTIES BEING INCLUDED IN SAID PLAN AND BEING LOCATED ALONG, OR IN THE IMMEDIATE VICINITY OF, UNION AVENUE IN THE BOROUGH OF WANAQUE. FURTHER, DESIGNATING THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE AS THE REDEVELOPMENT ENTITY FOR THE SERVICE BUSINESS DISTRICT-2 (A REDEVELOPMENT AREA) AND CREATING THE SBD-2 ZONE. CHAPTER 114 OF THE CODE OF THE BOROUGH OF WANAQUE ENTITLED ‘ZONING AND LAND USE’ IS HEREBY AMENDED TO INCLUDE THE SBD-2 ZONE pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

Public Hearing of Ord. #24-0-09:
Re: 2010 Salary Ordinance (Police Only)

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion that Ordinance #24-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE SALARY ORDINANCE FOR THE YEAR 2010.

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

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

Councilmen Pasquariello and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE SALARY ORDINANCE FOR THE YEAR 2010 pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

Public Hearing of Ord. #25-0-09:
Re: Bond Ordinance – Reconstruction of Melrose Avenue and Furnace Avenue

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion that Ordinance #25-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF MELROSE AVENUE AND FURNACE AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $325,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $108,750 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

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

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

Councilmen Pasquariello and Pettet moved that,

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF MELROSE AVENUE AND FURNACE AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $325,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $108,750 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

Public Hearing of Ord. #26-0-09:
Re: Bond Ordinance – Water Improvements - Melrose Avenue and Furnace Avenue

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion that Ordinance #26-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows:
BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (MELROSE AVENUE AND FURNACE AVENUE) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $120,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $120,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.
This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.

The Mayor opened the Public Hearing.
No one came forward.
The Mayor closed the Public Hearing.
Councilmen Pasquariello and Pettet moved that,

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF MELROSE AVENUE AND FURNACE AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $325,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $108,750 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

Public Hearing of Ord. #27-0-09:
Re: Amend Chapter 91 – Sewers to establish Rates and Rules and Regulations

On entertainment of the Mayor, Councilmen Pettet and Theoharous moved a motion that Ordinance #27-0-09 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 91, “SEWERS”, TO ESTABLISH REGULATIONS FOR THE SEWER UTILITY AND RATES, AND AUTHORIZING PUBLICATION BY REFERENCE.

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 is there any change in the wording and who makes changes to the rates.

The Mayor closed the Public Hearing.

Councilmen Pasquariello and O’Connell moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 91, “SEWERS”, TO ESTABLISH REGULATIONS FOR THE SEWER UTILITY AND RATES, AND AUTHORIZING PUBLICATION BY REFERENCE 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. #28-0-09:
Re: Bond Ordinance – Improvement of Memorial Field appropriating $350,000

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #28-0-09 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:
BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF MEMORIAL FIELD IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $350,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $275,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF MEMORIAL FIELD IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $350,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $275,000 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 28th day of December 2009, at the Municipal Building in the Borough of Wanaque at 7:00 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.

RESOLUTION #189-0-09:
Re: Capital Budget Amendment

On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion to approve the aforemention Resolution. (Attached)
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 current surplus amount.
The Borough Administrator said eighty thousand dollars.
Dave DaSilva said are the transfers being taking into account.
The Borough Administrator said they will be cancelled December 28th to go into surplus for 2010.
Dave DaSilva said is that eighty thousand dollars.
The Borough Administrator said we didn’t use in surplus for the year.
Dave DaSilva said the article regarding Arrow in the newspaper was anything received.
The Borough Administrator said we spoke to Arrow and they did not receive anything.
Dave DaSilva said what is the status of the flooding.
The Borough Administrator said there is grant money for engineering to design it.
Dave DaSilva said will it be done in the Spring.
The Borough Administrator said sometime in 2010.
Dave DaSilva said what is the status of US Aluminum.
The Borough Administrator said we’re waiting for the DEP and have heard nothing yet.
Dave DaSilva said what is the status of the Rhinesmith property on Ringwood Avenue.
The Borough Administrator said there is a developer that may be interested.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque said there are surveyors going around Ringwood Avenue and I was told it’s for the police department.
The Borough Administrator said we are not aware of anything.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Resolution #190-0-09:
Re: Redemption of Tax Sale Certificate #08-00195 to US Bank-Cust/Sass Muni V dtr
for Block 432, Lot 38 in the amount of $76,563.27

WHEREAS, a Tax Sale was held for 2008 delinquent Municipal charges on September 30, 2009, and
WHEREAS, US Bank-Cust/Sass Muni V dtr was the successful bidder for Block 432 Lot 38 for which Tax Sale Certificate #08-00195 was assigned, and
WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $76,563.27 as per the certification of the Tax Collector.

Resolution #191-0-09:
Re: Refund of Taxes paid for 2009 and eight days of 2008 due to property being exempt for a 100% disabled Veteran, Block 313.03, Lot 4.15 in the amount of $8,162.10

WHEREAS, the owner of Block 313.03 lot 4.15 qualifies for a 100% disabled Veteran exemption from tax, and
WHEREAS, the property owner has overpaid the tax for 2009 and eight (8) days of 2008,
NOW, THEREFORE, BE IT RESOLVED that the Treasurer refund a total of $8,162.10 as per the certification of the Tax Collector.

Resolution #192-0-09:
Re: Refund of overpayments of 4th Quarter 2009 on Block 239, Lot 4, Block 313.04,
Lot 4.13, Block 313.09, Lot 2.02, Block 317, Lot 2.14 and Block 415, Lot 20 for
a total amount of $9,115.78

WHEREAS, there exist tax overpayments on the properties listed herein for the fourth quarter of 2009:

BLOCK LOT AMOUNT
239 4 $1,806.07
313.04 4.13 $1,880.18
313.09 2.02 $1,620.07
317 2.14 $2,320.24
415 20 $1,489.22

WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $9,115.78 as per the certification of the Tax Collector.

Resolution #194-0-09:
Re: Establish Sewer Utility Bank Accounts

BE IT RESOLVED that the Mayor, Municipal Clerk and Chief Financial Officer be and are hereby authorized to sign all checks and issue payments for the following Sewer Utility Accounts:

Wanaque Borough Sewer Operating
Wanaque Borough Sewer Depository

BE IT FURTHER RESOLVED that the Council President be authorized to sign in the absence of the Mayor and the Assistant Treasurer in the absence of the Chief Financial Officer.

Resolution #195-0-09:
Re: Approve Current Estimate #4 and Final to JPI Painting, Inc. for the Repainting and Improvements to the 1,000,000 Gallon Haskell Water Tank in the amount of $20,388.00

BE IT RESOLVED that payment be made to JPI Painting, Inc. for Repainting and Improvements to the 1,000,000 Gallon Haskell Water Tank approving Current Estimate #4 and Final in the amount of $20,388.00 in accordance with the Borough Engineers letter dated December 3, 2009.

Resolution #193-0-09:
Re: Approve Change Order #3 ($11,056.18) and Payment #4 ($36,523.71) for Laura Avenue Phase II

BE IT RESOLVED that Change Order #3 ($11,056.18) and Engineers Certification #4 ($36,523.71) for Laura Avenue Phase II payable to John Garcia Construction Company be and is hereby approved.

Resolution #196-0-09:
Re: Authorize execution of 2009 Wastewater Management Grant Agreement

WHEREAS, the Borough of Wanaque participates in the Mid-Passaic County Cooperative Pricing System, which took bids for disposal of Solid Waste Type 10 and Type 13, with the Borough of Hawthorne serving as the lead agency; and
WHEREAS, the Borough of Hawthorne has awarded a contract for solid waste disposal to Waste Management of New Jersey at a cost of $69.21 for a term of five years; and
WHEREAS, the Borough of Wanaque wishes to award a subsidiary contract to Waste Management, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute a subsidiary contract for the disposal of Solid Waste Type 10 and Type 13 with Waste Management of New Jersey, Inc., 77 Brookside Place, Hillsdale, New Jersey at the bid price of $69.21 for a term of five years, beginning January 1, 2010 and terminating December 31, 2014; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account CU-01-136-256.

Resolution #197-0-09:
Re: Budgetary Transfers

BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2009 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

9-CU-01-117-282 $ 5,000.00 9-CU-01-111-276 $ 5,000.00
Public Bldg O.E. Legal

9-CU-01-117-282 $ 100.00 9-CU-01-141-211 $ 100.00
Public Bldg. O.E. Public Assist. O.E.

9-CU-01-117-262 $ 400.00 9-CU-01-106-299 $ 400.00
Public Bldg. O.E. Finance O.E.

9-CU-01-099-107 $ 500.00 9-CU-01-099-117 $ 500.00
Tax Assessment S&W Public Bldg S&W

9-CU-01-099-109 $ 7,100.00 9-CU-01-099-104 $ 7,100.00
Tax Collector S&W Munic Clerk S&W

9-CU-01-099-132 $ 2,700.00 9-CU-01-099-106 $ 2,700.00
DPW S&W Finance S&W

9-CU-01-099-139 $ 500.00 9-CU-01-099-144 $ 500.00
Recreation S&W Electrical Inspector S&W

9-CU-01-099-142 $ 9,200.00 9-CU-01-099-134 $ 9,200.00
CCO S&W Bd of Health S&W

2010 Re-Organization Meeting Date – January 4, 2010 – 7:00 P.M.

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

REGULAR REPORTS - PROFESSIONAL REPORTS:

1. Clerk's Receipts NONE.

2. Police Department Report - NONE.

3. Tax Collector's Report for November 2009 NONE.

4. Municipal Court Report for November 2009

5. Welfare Report for November 2009 - NONE.

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous 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:

Letter from Planning Board:
Re: Ordinance #23-0-09 Union Court Redevelopment

Received and filed.

Letter from NJ Transit:
Re: Relocate an existing bus stop to accommodate a bus shelter along Ringwood
Avenue, southbound between Warren Hagstrom Boulevard and F.A. Orechio
Drive

Received and filed.

Letter from Mr. Paff, New Jersey Libertarian Party:
Re: Loitering Ordinance

Received and filed.

NEW BUSINESS:
Letter from Peter Franceschi, 24 Second Avenue, Haskell:
Re: Refund of Street Opening Permit #2070 deposit in the amount of $100.00

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

Closed Session:
Re: Litigation / Negotiation / Personnel

Held prior to the meeting.

The Mayor read a copy of an email he obtained from an un-named source. The letter was a private email written by Councilman Balunis and addressed to several of his friends. The email was not addressed to any of the Mayor or Council members and the Mayor read the letter without Councilman Balunis’ approval or consent. (Attached)

The Mayor said Tom you claim you never saw a cost analysis.
Councilman Balunis said that’s right.
The Mayor said I saw one. I even printed my own to double check Mr. Carroll’s
numbers. Furthermore the Borough Administrator discussed revenues and cost with the Council on several occasions. Your comments that there was no cost analysis and one was never provided to them is incorrect. You voted to approve the financing but you’re now stating that you did so without reviewing any of the cost analysis. You state that not one of the dopes asked how much maintenance and insurance will cost for ten years or how much taxes are lost over ten years of the lease. Again this issue was discussed several times. As a matter of fact I was copied on an email dated August 5th from Tom Carroll to you detailing the taxes on the property. Actually on the same day Mr. Carroll had phoned me to tell me that he had received an email saying the insurance was four hundred dollars. You stated that Pulte told us the trailer would need a new roof within the next ten years. I don’t recall that statement being made by Pulte neither does Mr. Carroll and neither does any other people I’ve talked to. So I would like to know who from Pulte made that comment.
Councilman Balunis said Tom told me we would need a new roof within ten years and I did not receive a cost analysis neither did any one on this Council. I did not get the cost analysis that was given to Miss Christine Meakem and she tells me that the things that she asked for were not given to her in the cost analysis the details she requested. The only information I got on this before we voted on it was what I asked for. I asked Tom for the information and I received it and that’s why I voted against it.
The Mayor said I saw a cost analysis and I prepared my own cost analysis.
Councilman Balunis said I never saw one.
The Mayor said I put one together that says basically that we were looking at
Councilman Balunis said I was told information as we went. As we went along we were told bits and pieces of information. No formal cost analysis was given to us.
The Mayor said the one I looked at that Tom had was a handwritten one and the one he prepared was after I pointed out that he didn’t have the debt service on there was an excel worksheet. But basically what I was looking at and I also said over the course of twenty years we were looking at a profit of a million one on the property and at the end of twenty years we are going to own the land a quarter of a mile from Route 287.
Councilman Balunis said well I never saw this excel spreadsheet before we voted on it. I can tell you that.
The Mayor said well I sat in Tom’s office with him and I went over his handwritten schedule.
Councilman Balunis said my point is Dan the Council did not receive a cost analysis with all the facts before it was voted on. Did not.
The Mayor said I got one.
Councilman Balunis said I’m glad you got one. You didn’t vote on it. I’m glad you got one. The only information I got over and above what was told in committee meetings was what I went out and asked. I asked Tom, I asked the Borough Attorney that’s how I got my information. We were not given a formal cost analysis. And Christine Meakem the one that she got did not contain all the information that she asked for.
The Mayor said and we discussed all these issues we discussed how many times what the insurance would cost.
Councilman Balunis said and Christine said she wanted to see the cost analysis that the Mayor and Council got. Well Christine showed me that and I said this is not something I ever received. That’s it. You want to make a big deal about it. Make a big deal about it. I did not see a cost analysis and that’s what I’m saying. And I voted against it and even if I did see a cost analysis I would still vote against it again today knowing I don’t think I’ve learned any more since the vote but I would still not vote for this purchase.
Councilman O’Connell said I think that’s fine and dandy. I have a few different issues. It wasn’t Pulte that told you the roof would last ten years it was me and I don’t remember seeing you up there. I remember seeing you in Tom’s office several times.
Councilman Balunis said no I didn’t have to go on the roof. Tom told me Pulte told us that we would need a new roof in ten years.
Councilman O’Connell said who do you think told Tom not Pulte.
Councilman Balunis said Tom said Pulte told us we would need a new roof in ten
Years.
Councilman O’Connell said I said you would need a roof in ten years because I was up on the roof.
Councilman Balunis said okay so we’ll need a new roof within ten years.
Councilman O’Connell said and I don’t remember seeing you in Tom’s office
when I got all of my questions answered. So I’m a little offended that you called everybody dopes on the Council and I think everybody else should be too. We went through this with an article in the Trends and you said you were misquoted are you misquoted here.
Councilman Balunis said no.
Councilman O’Connell said so everyone is still dopes.
Councilman Balunis said here’s what I think Ed I don’t think people ask enough questions on this.
Councilman O’Connell said were you in the office with me.
Councilman Balunis said with what.
Councilman O’Connell said when I was discussing it with Tom and other Council members.
Councilman Balunis said Tom told me we would need a new roof within ten years.
Councilman O’Connell said yes and I told Tom.
Councilwoman Cisco said in fairness you did tell me as well you went up on the roof and checked it out.
Councilman O’Connell said I find it quite offending that you are calling me a dope saying I didn’t know what was going on when I sat in the office I don’t know how long.
Councilman Balunis said I’m not saying you’re a dope.
Councilman O’Connell said you called everyone a dope twice.
Councilman Balunis said I’m saying because people didn’t ask questions.
Councilman O’Connell said how do you know what questions I asked though.
Councilman Balunis said you may have asked certain questions yes. But I don’t think the Council was informed as it should have been to make this decision.
Councilman O’Connell said but you don’t know what I asked you don’t know how long I asked the questions well you called us all dopes. Everyone should be offended by that.
Councilman Balunis okay Ed.
Councilwoman Cisco said my turn there just a little but. Just so you know I of all the people up here would have the most I mean I can understand being called a dope I really truly can no offense. However I spoke to Christine Meakem myself for at least an hour and thirty minutes one day alone just her and I. I’ve talked to her several times since then I have gone above and beyond and I went to the County and asked questions, I have called Councilman O’Connell I have talked to Tom I mean I think I did my homework on this I can’t speak for anyone else.
Councilman Balunis you know the Council voted for it. It’s a difference of opinion. I still don’t think it was a good thing for us to do.
Councilwoman Cisco said and I appreciate that I do but if that’s the worse thing I should ever be called it’s not a big deal to me.
Councilman Balunis said knowing what I know about this I’m still surprised that the five of you voted for it I am I really am because the public what I’m hearing including Christine Meakem to this day they’re telling me they don’t think we should have done this.
Councilman O’Connell said even if we made nothing off of it but own the property after twenty years it still brings services to residents of Passaic County to Wanaque.
Councilman Balunis said it’s not our job to bring services to Passaic County.
Councilman O’Connell said it’s our job to better Wanaque and that’s going to better Wanaque so people don’t have to drive through Paterson.
Councilman Balunis said we have a difference of opinion. Our job is to provide municipal services to the people of Wanaque that’s why we were elected here. The Mayor and Council are supposed to provide municipal services to the people in Wanaque. County services are not our problem.
Councilwoman Cisco said thirty seven percent will be County services brought before the town. Board of Social Services will be there they will have sixty three percent I believe if I’m not mistaken. The other thirty seven percent will be the County Clerk, etc. To me that’s a win win situation.
Councilman Balunis said we have a difference of opinion. But you know I see we are way over the spending CAP we have to defer pension costs we shouldn’t be spending a half a million dollars on property. I just don’t agree with it. I think our perview is municipal services period.
Councilwoman Cisco said let’s go back one other step then. I don’t think we should have a handshake agreement for two hundred thousand dollars either but that’s water under the bridge as well. Moving forward from that let’s make the best we can out of a bad situation that’s my opinion on the subject and I’m done.
Councilman Pettet said let’s also understand and we can have a difference of opinion that’s fine. And by the way Tom slap me on the side of the head if you ever think I’m rude or arrogant to somebody because I didn’t think I was being that way I was trying to be informative to her. We’re friends so slap me up side of the head and take me aside and say hey Rob you sound arrogant.
Councilman Balunis said I could tell you it wasn’t taken that way.
Councilman Pettet said and I’ll talk to her because I don’t want her to think that. The idea is that I was probably passionate about it. Because I understand what you’re saying Tom but there is a feeling in the community why is the town doing this. Again this is my opinion and we can have that difference of opinion, in my opinion on the surface it looks stupid and it looks like why is the town doing this. I had a citizen approach me and when I said here is what is going to happen besides the services here’s the and I don’t know if you guys speak for yourself as far as I was briefed with enough “evidence” that I felt this is overwhelming our case monetarily if I had seen figures that put us within a thousand dollars of what we collect from taxes I would say well I don’t know is it worth it but what I saw from the briefing I got it seemed overwhelming in favor the monetary that will come to us. When I explained that to the citizen they said okay. On the surface I agree it looked bad and I think that as a Council we owe it to our townspeople to say look here is what we’re doing and why we’re doing it and then as a benefit. I do believe our initial purpose as you say is a municipal benefit and I do believe we also bring a better quality of life here.
Councilman Balunis said we’ll have to agree to disagree because I disagree one hundred percent.
Councilman Pettet said and you can and that’s why we’re here. There’s an old saying if all of us on a committee agree all the time one of us is not necessary so that is the point of why we are here. But I do want the towns people to know and folks out there to know that we do number one we do take the briefing and we do take things seriously and vote our conscious on them and number two speaking from my personal side and this goes for any of you guys if you ever think that I’ve spoken in an arrogant manner slap me up the side of my head and get me aside and say hey you hurt someone’s feelings or whatever and I appreciate knowing that. I will go to her and explain that to her again it was a matter of passion that we felt about this issue and not out of arrogance.
Councilman O’Connell said and another thing if I may this was back in October 7th , 2009. I certainly haven’t agreed with everyone on the Mayor and Council going back several Council Members and if I ever had a problem with someone I certainly would call them up and I would think that you would give me the same respect because there have been other issues where you and I didn’t agree on Tom and we talked for several hours on the phone instead of an email name calling.
Councilman Balunis said I was kind of out numbered on this one.
Councilman O’Connell said which is fine. I’ve been outnumbered in the past and voted down. But I’d rather hash it out outside where you punch me in the nose than to get an email that’s three months old about everyone being dopes.
The Mayor said Rob voted against the sewer authority and I’ve had instances when I was a Councilman and I voted on things I didn’t agree with people and it’s like okay if you don’t agree you don’t agree you don’t go calling them names and give a condescending attitude towards everybody.
Councilman Balunis said the thing is Dan there was no cost analysis handed out to us before. We got bits and pieces of information as we went along a meeting here a meeting there. There was no cost analysis. I never got that thing that Christine got. She said let me see the cost analysis the Mayor and Council got. I never got that, no excel spreadsheet, no cost analysis.
The Mayor said the initial one that Tom had was on a piece of paper. And I didn’t like it so I did my own and said okay it works. When we first started discussing this project back in May and June initially I didn’t like this project. Until I looked at the numbers and I said the numbers are pretty good when I started looking at the numbers and looking at the fact that we’re providing a service it made sense. My initial reaction was the same as you and actually I asked a lot of questions also. I got the building inspector involved. I’m the one who brought up the roof question. I was up on the roof before Ed of course I didn’t know what I was looking at.
Councilwoman Cisco said no offense but that is about the one and only thing that I’ve ever agreed with you that you have no idea what you were doing.
The Mayor said actually I know what a puddle looks like and they had a couple of them up there and I could tell when the gutters were clogged with leaves. There are a few things I do know about.
Councilman Balunis said the building inspectors report is one of the things that made me not vote for it.
The Mayor said when he did his report Pulte agreed to correct a lot of the things that were on his report, as a result of his report. And some of the things on his report actually wound up being minor cosmetic things. When I told Jeff to go in there and give a report on the building I said we want to know everything leave no stone unturned because we want to know what’s going on. He kind of went a little overboard which is what I asked him to do.
Councilman O’Connell said he really didn’t go overboard.
Councilman Balunis said is Passaic County moving in there this January.
The Borough Attorney said the Passaic County Board of Chosen Freeholders have been in dialogue with the Passaic County Board of Social Services because there is a need for a subletting agreement. The Passaic County Freeholders doing their due diligence had their people review the site and their people review the reports they brought it to their buildings and grounds committee they discussed it they requested certain information for example they wanted to know what was our garbage service things of that nature just informative things. They voted at their last freeholder meeting to authorize their attorney to draw up a subletting agreement. So when that subletting agreement is drawn and signed the board of social services the signs then we sign. They have all been trying to make it happen before the end of December. So they are in the process of drafting a lease as soon as that lease is acceptable to the Board of Social Services and the Freeholders it will be signed and then the Board of Social Services will sign and then the borough will sign they have been authorized to sign. The latest twist is that they want to make payments up front they’re going to pay the full years in advance. Councilwoman Cisco is correct in that thirty seven percent of the space will be dedicated to Freeholder services such as Surrogate, Clerk so you can have marriages, you can have passports, you can have filing of wills, Probate. There is also a work force element that goes in to assist people who are out of work and are looking for retraining. Those are all County and Board functions so those services will come up. We have a two year guarantee on the roof repair that has been done. I think Tom has indicated there is a ten percent set aside a year he is going to set aside seven thousand dollars a year in order to fund future repairs that we may have to make that have to be done.
Councilman Balunis said has the mold remediation been taken care of.
The Borough Administrator said we have not moved forward with any of the
items that we are going to take care of until such time as we have title to the building. The mold remediation they are giving us credit on the sale and we are going to have it done.
Councilman Balunis said you have to have that done before they move in.
The Borough Administrator said we’re going to have that done before they move in. However since we do not have title to the building and don’t want to go ahead and spend any of that money until that’s done but we’ll have that lined up to go just as soon as we close.
The Borough Attorney said they have given us a credit and we can get the work done for under that credit so we’re comfortable with that aspect of it. There are a lot of other aspects they wanted certain things done but they’re accepting responsibility for everything inside the building essentially.
Councilman Pasquariello said never assume that we don’t communicate with Tom. You told us that we don’t ask questions. We talk on the phone. I don’t have the leisure of sitting up here and sitting here because I work. I’ll call Tom first and then I’ll call Ed. We get our stats before we come here that way we run more efficiently here.
Councilman Balunis said did you get a cost analysis.
Councilman Pasquariello said I asked Tom what the profit margin was what was going to be put into that place because with all the elderly people that we have, we have Pulte here there’s going to be more services so they don’t have to drive south. That’s the key. You’re giving our town a service plus the local area. Whether we make a hundred thousand or fifty thousand here for a while profit it doesn’t matter the services are there in the long term it’s a benefit. That’s all there is it’s a benefit for our town. I mean think about it. But we all communicate not walking into the building every day.
Councilman Balunis said we’re just going to have to disagree there because I don’t think the communication.
Councimlan Pasquariello said well how do you know we don’t communicate.
Councilman Balunis said we did not get a formal cost analysis. The information is not flowing as it should. I mean if you’re comfortable with making a decision with the amount of information you had that’s fine okay. I don’t agree. To debate the worthiness of the project now is a mute point because it’s done.
Councilman Pasquariello said let me ask you a question do you know how to analyize a cost analysis paperwork.
Councilman Balunis said I can read numbers.
Councilman Pasquariello said I mean I know what I can do for a living but I wouldn’t know how to read a cost analysis so you ask questions. Where is our profit, what’s our cost. People are trained to do certain things. I wouldn’t want to do Dan’s job I certainly wouldn’t want to do Ed’s job.
Councilman Balunis said well we’re making a decision on spending a half a million dollars of the towns’ money. We have to look at it. I don’t agree on what we’re doing.
Councilman Pasquariello said it’s like when you’re buying an investment piece of property. You want your rent to cover your cost.
Councilman Pettet said I think what you said we were adequately briefed. I mean some of us like you Tom you understand certain ways of reading certain spreadsheets and while others may not but the adequateness of being briefed by Tom Carroll.
Councilman Balunis said see you may have felt you were adequately briefed I did not. I didn’t think it was something we should be doing but I’ve given it the benefit of doubt and asked every question I could and got all the information I could before I rushed to a decision. But on face value I’m against it one hundred percent. And after I got all that information I’m still against it. It didn’t change my mind.
The Mayor said nobody’s arguing whether you are for or against it. That’s not the issue here.
Councilman Pasquariello said but don’t assume nobody else knew what was going on and call us dopes.
Councilman Balunis said I don’t think that everybody got enough information on this.
Councilman Pasquariello said how do you know. Were you on the phone with me when I was talking to Tom.
Councilman Balunis said shouldn’t we all get the same information.
Councilman O’Connell said does everybody ask the same questions.
Councilman Balunis said so if you don’t ask the question you don’t get the information.
Councilman O’Connell said if I’m uncomfortable with something I’m going to ask more and more questions.
Councilman Balunis said alright I don’t want to beat it to death.
Councilman O’Connell said I don’t want to beat it to death.
Councilman Pasquariello said that’s just like when we did the roof on the first aid squad I knew nothing about roofing I actually asked Rick Crescente and Ed what kind of roof is the best roof to stop that from happening. And then the Engineers came and finally got the roof fixed. But you ask people who know the business. I don’t want people telling me how to run my business drill them and fill them.

UNFINISHED BUSINESS: None.

RESOLUTIONS:

Resolution #198-0-09:
Re: Award of Bid – Garbage Disposal – Waste Management - $69.21 per ton

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

WHEREAS, the Borough of Wanaque participates in the Mid-Passaic County Cooperative Pricing System, which took bids for disposal of Solid Waste Type 10 and Type 13, with the Borough of Hawthorne serving as the lead agency; and
WHEREAS, the Borough of Hawthorne has awarded a contract for solid waste disposal to Waste Management of New Jersey at a cost of $69.21 for a term of five years; and
WHEREAS, the Borough of Wanaque wishes to award a subsidiary contract to Waste Management, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute a subsidiary contract for the disposal of Solid Waste Type 10 and Type 13 with Waste Management of New Jersey, Inc., 77 Brookside Place, Hillsdale, New Jersey at the bid price of $69.21 for a term of five years, beginning January 1, 2010 and terminating December 31, 2014; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account CU-01-136-256.

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

Resolution #199-0-09:
Re: Repeal Resolution #179-0-09 and approve a two (2) year Contract with Delta Dental for dental insurance

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

BE IT RESOLVED that Resolution #179-0-09 adopted November 9, 2009 be and is hereby repealed; and
BE IT FURTHER RESOLVED that the Borough Administrator be and he is authorized and directed to execute an agreement with Delta Dental of N.J., Inc. for dental insurance for the period of January 1, 2010 to December 31, 2011.

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

Resolution #200-0-09:
Re: Appoint Deputy Municipal Court Administrator (Part-Time)

BE IT RESOLVED that Theresa Ernest, 22 Rhonda Place, Wanaque New Jersey be and she is hereby appointed as Deputy Municipal Court Administrator (provisional) effective January 11, 2010 at an hourly salary of $12.00.

Resolution #201-0-09:
Re: Appoint Ann Smolen Acting Tax Collector

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

WHEREAS, Lynn Gordon, Tax Collector, is on a medical leave of absence effective December 7, 2009; and
WHEREAS, it is necessary for the Borough to have a Tax Collector to handle the affairs of the office; and
WHEREAS, Ann Smolen is a Certified Tax Collector and serves as Deputy Tax Collector.
NOW, THEREFORE, BE IT RESOLVED that Ann Smolen be and is hereby appointed as acting tax Collector effective December 7, 2009 and until such time as Lynn Gordon returns from a leave of absence; and
BE IT RESOLVED that Ann Smolen receive an additional $1,000 per month to perform the duties of Acting Tax Collector.

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

Resolution #202-0-09:
Re: Assignment and Assumption Agreement – Wanaque Valley Regional Sewerage
Authority

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

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 $ 8,393.57

CURRENT 2009 348,580.67

WATER OPERATING PREPAID 965.64

WATER OPERATING 2009 51,649.33

GENERAL CAPITAL 5,205.00

ANIMAL TRUST 5,925.75

ESCROW 2,212.40

PUBLIC ASSISTANCE 10,000.10

UNEMPLOYMENT/DISABILITY 4,243.78

RECYCLING TRUST 2,266.74

RECREATION TRUST 14,739.75

WATER CAPITAL ____234.00____

TOTAL VOUCHERS $454,416.73

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: December 14, 2009
___________________________
Daniel Mahler
Mayor


Payrolls:

Councilmen Pettet and Pasquariello moved a resolution approving the following payrolls:
Payroll #23 p/e 11/17/09 $211,277.66

Payroll #24 p/e 12/01/09 $207,127.04
Payroll Total $418,404.70

GRAND TOTAL $872,821.43

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: December 14, 2009
________________________________
Daniel Mahler
Mayor


NEW BUSINESS:

Closed Session:
Re: Negotiations / Personnel / Litigation

Held prior to the meeting.

ADJOURNMENT:

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:15 P.M.

___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk