MAYOR AND COUNCIL MEETING
BOROUGH OF WANAQUE
MINUTES
March 10, 2008
A Regular Meeting of the
Mayor and Council of the Borough of Wanaque was held on Monday, March 10, 2008,
at 8:00 P.M. in the
The Mayor called the meeting to order.
On roll call, the following Council Members responded: Balunis, Cisco, O’Connell, Pasquariello, Pettet. Councilman Theoharous was absent. The Mayor declared a quorum. The Borough Engineer was present. The Borough Attorney was absent.
The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 2, 2008, and a notice thereof has been posted on January 2, 2008 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.
MINUTES:
Regular Meeting of February 11, 2008.
On entertainment of the Mayor, Councilmen O’Connell and Pasquariello 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. #2-0-08:
Re: Dissolution of
Held.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to advertise and hold the public hearing on April 14th.
On roll call, all voted yes, and the Mayor declared the motion carried.
Public Hearing of Ord. #3-0-08:
Re:
Appropriate $118,000 from Capital Surplus for
On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion that Ordinance #3-0-08 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.
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.
John Maiello,
The Borough Administrator said it
will be from
The Mayor closed the Public Hearing.
Councilmen Pasquariello and O’Connell moved that,
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. #4-0-08:
Re: Bond Ordinance - $850,000 for Haskell Tank Rehabilitation
On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion that Ordinance #4-0-08 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.
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.
Bruce
Lyons,
The Borough Administrator said we’ll find out when they go in and if there is will follow the guidelines.
Bruce Lyons asked if it is just the planning stage.
The Borough Administrator said yes.
John
Maiello,
The Borough Administrator said yes.
The Mayor closed the Public Hearing.
Councilmen Pasquariello and O’Connell moved that,
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. #5-0-08:
Re:
Bond Ordinance –
On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion that Ordinance #5-0-08 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.
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.
Councilman Balunis asked if the plans are final.
The Borough Administrator said it is out to bid.
Councilman Balunis asked about the path.
The Borough Administrator said it is before the Board for final approval and the gates to be put in.
The Mayor opened the Public Hearing.
Grace Maiello,
The Borough Administrator said yes.
Grace Maiello said will the fence be along the side of the school.
The Borough Administrator said I’ll show you the plans after the meeting.
The Mayor closed the Public Hearing.
Councilmen Pasquariello and Balunis moved that,
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. #6-0-08:
Re:
Amend Fees – Planning Board and Board of Adjustment
On entertainment of the Mayor, Councilman O’Connell and Councilwoman Cisco moved a motion that Ordinance #6-0-08 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.
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 O’Connell and Pasquariello moved that,
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. #7-0-08:
Re: Bond Ordinance – Improvement of the Water Supply and Distribution System –
On entertainment of the Mayor, Councilman Pasquariello and Pettet moved that Ordinance #7-0-08 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.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
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. #8-0-08:
Re:
Bond Ordinance – Purchase of US Aluminum property
On entertainment of the Mayor, Councilman Pasquariello and Pettet moved that Ordinance #8-0-08 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.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
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. #9-0-08:
Re:
Index Rate Ordinance
On entertainment of the Mayor, Councilman Pasquariello and Balunis moved that Ordinance #9-0-08 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: CALENDAR YEAR
2008 - ORDINANCE TO EXCEED THE MUNICIPAL
BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:
4-45.14).
On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved that,
BE IT RESOLVED that an Ordinance entitled: CALENDAR YEAR 2008 - ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) 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 14th day of April 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 2008 CURRENT AND WATER UTILITY BUDGET:
Resolution #67-0-08 and Resolution #68-0-08 – Deferred School Taxes
The Borough Administrator gave a presentation on the budget.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
Municipal Budget
of the Borough of Wanaque,
On roll call, all voted yes, and the Mayor declared the motion carried.
Councilmen Pasquariello and Pettet moved that,
Municipal Budget
of the Borough of Wanaque,
BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2008;
BE IT FURTHER RESOLVED, that said Budget be published by summary only in the Suburban Trends in the issue of March 30, 2008;
The Governing Body of the Borough of Wanaque does hereby approve the following as the Budget for the year 2008:
RECORDED VOTE: Ayes: Balunis Nays: NONE
Cisco
O’Connell Abstained: NONE
Pasquariello
Pettet Absent: Theoharous
Notice is hereby
given that the Budget and Tax Resolution was approved by the Governing Body of
the Borough of Wanaque,
A Hearing on the Budget and Tax Resolution will be held at the Municipal Building, on April 14, 2008 at 8:00 P.M. at which time and place objections to said Budget and Tax Resolution for the year 2008 may be presented by taxpayers or other interested persons.
On roll call, all voted yes, and the Mayor declared the motion carried.
PUBLIC
DISCUSSION:
The
Mayor opened the Public Discussion.
John
Maiello,
Christine
Meakem,
Councilman Balunis said the money is coming out of open space.
Christine Meakem said what is necessity and what is not. Start looking at what needs to be cut.
The Mayor closed Public Discussion.
CONSENT
AGENDA:
Application for Raffle License:
Re:
Application to amend Bingo License:
Re:
Wanaque First Aid Auxiliary – BL:183
Application for License to operate Amusement Machines:
Re:
Joseph Agostino,
by the Police Chief and Fire
Official)
Resolution #56-0-08:
Re:
Redemption of Tax
WHEREAS, a Tax Sale was held for 2004 delinquent Municipal charges on November 8, 2005, and
WHEREAS, Robert U. DelVecchio was the successful bidder for Block 211 Lot 15.01 for which Tax Sale Certificate #050093 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 $40,052.06 as per the certification of the Tax Collector.
Resolution #57-0-08:
Re: Refund of overpayments of Tax on various
properties in the amount
of $13,608.18
WHEREAS, there exist tax overpayments on the properties listed herein for the first quarter of 2008:
BLOCK
200.14 15 $2,679.96
276 4 $3,992.34
306 10 $1,150.92
313.05 3.07 $2,090.70
313.06 1.11 $244.26
313.08 3.07 $2,009.28
410 2 $1,440.72
WHEREAS, the owners have requested a refund of said overpayment;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $13,608.18 as per the certification of the Tax Collector.
Resolution #58-0-08:
Re: Refund of overpayment of Taxes due
to a
of $312.50 for Block 200.09,
WHEREAS, there exists a tax overpayment on the property listed herein due to a County Tax Board Judgment:
BLOCK
200.09 9 $312.50
WHEREAS, the owner has requested a refund of said overpayment;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $312.50 as per the certification of the Tax Collector.
Resolution #59-0-08:
Re: Approve Change Orders #1 and #2 to Smeal Fire Apparatus for a total amount of
$567.00
BE IT RESOLVED that payment be approved for Change Orders #1 and #2 to Smeal Fire Apparatus in the amount of $567.00
Payment to State of
Re: Pensions and Benefits – Public Employees’ Retirement System in the amount of
$136,159.20
Payment to State of
Re: Pensions and Benefits – Police and Firemen’s Retirement System in the amount of
$434,511.00
Resolution #60-0-08:
Re: Appoint Part-Time Communications Operator – Tim Mangano, 232 Crescent Road,
Wanaque effective immediately
BE IT RESOLVED that Tim Mangano, 232 Crescent Road, Wanaque be and he is hereby appointed as a Public Safety Telecommunicator at a rate of $17.13 per hour effective immediately.
Resolution #61-0-08:
Re:
Appoint Part-Time Communications Operator – Kelly A. Smith,
Haskell effective immediately
BE IT RESOLVED that Kelly
A. Smith, 66
Resolution #62-0-08:
Re: Appoint Summer Recreation Head Counselor – Kirsten Gillow – Salary $1,400.00
BE IT RESOLVED that
Kirsten Gillow,
Application for Membership for the Wanaque Volunteer Fire Department:
Re: Ray Kummer – Company #2 effective immediately
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to approve the aforementioned Consent Agenda.
On roll call, all voted yes, except Councilwoman Cisco who abstained 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 February 2008 ‑ NONE.
4. Municipal Court Report for February 2008 ‑
5. Welfare Report for February 2008 - NONE.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet 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 Engineer
reported on taking another look beyond repairing the Borough’s portion of
Administrator:
The Borough Administrator reported
the Holiday Inn got all their permits and hope to get moving along. This Thursday there is a meeting for all
Municipalities over 10,000 in population for State Aid in
Attorney:
The Borough Attorney was absent.
Councilman O’Connell spoke about the Recreation Commission By-Laws. The definition of what exactly is a travel team, club team, recreation team, all star, super star teams should be clarified. A letter should be sent to them.
COMMUNICATIONS:
Letter from Derek Meyer:
Re:
Recommendation to go to the Board of Adjustment.
NEW BUSINESS:
Two Applications for Ice Cream Vendor Licenses:
Re: 1) Siham Selim,
10
Held.
Closed Session:
Re:
Litigation/Negotiation/Personnel
Held to the end of the meeting.
UNFINISHED BUSINESS:
The Borough Engineer reported on the status.
RESOLUTIONS:
Resolution #63-0-08:
Re: State Contract Purchase – 2008 Ford Escape Hybrid
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that a contract for the purchase of one 2008 Ford Escape U59 4WD I4 CVT hybrid in the amount of $26,231 be awarded to Fords National Auto Mart, 900 Highway 35, Ocean, New Jersey 07712, under State Contract #A71077; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account reserve for damage car $8383.00 and in 8-CU-142-261.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #64-0-08:
Re: Temporary Emergency Appropriation
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
WHEREAS, an emergent condition has arisen with respect to the Capital Improvement Fund for 2008 and no adequate provision has been made in the 2008 temporary appropriations for the aforesaid purpose, and N.J.S. 40A: 4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned, and
WHEREAS, the total emergency temporary resolutions adopted in the year 2008 pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) including this resolution total $110,000.00;
NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of N.J.S. 40A:4-20:
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #65-0-08:
Re: Authorize application for Grant – Wanaque Community Visioning Project
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #66-0-08:
Re: Payment to Mike Fitzpatrick and Son, Inc. re: Emergency Booster Station
Replacement – Current Estimate No. 4 in the amount of $72,487.42
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that Current Estimate #4 in the amount of $72,487.42 for the Emergency Booster Station Replacement be and is hereby approved to Mike Fitzpatrick and Son, Inc.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #69-0-08:
Re: Click It or Ticket
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
WHEREAS, there
were 716 vehicle fatalities in
WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a safety belt; and
WHEREAS, use of a safety belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and
WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by safety belt usage nationally between 1975-2000; and
WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 19 – June 1, 2008 in an effort to raise awareness and increase safety belt usage through a combination of enforcement and education; and
WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the safety belt usage rate in the State from the current level of 91% to 93%; and
WHEREAS,
a further increase in safety belt usage in
THEREFORE, BE IT RESOLVED that the Borough of Wanaque declares it’s support for the Click It or Ticket safety belt mobilization both locally and nationally from May 19 – June 1, 2008 and pledges to increase awareness of the mobilization and the benefits of safety belt use.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #70-0-08:
Re:
Amend 2008 Temporary Capital Budget
On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that,
BE IT RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize the filing of the 2008 Municipal Alliance Grant Application; and
BE IT FURTHER RESOLVED that the Borough of Wanaque will adhere to all conditions and obligations as sub-grantee to the State of New Jersey and the County of Passaic as set forth in the Letter of Agreement between the Governor’s Council on Alcoholism and Drug Abuse and Passaic County, for the grant administration of the 2007 Alliance to Prevent Alcoholism and Drug Abuse, for a grant amount of $56,400 and cash amount of $14,100; and
BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk be and are hereby authorized to execute the proposed application;
BE IT FURTHER RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize that the Membership of AWARE will consist of the person’s names listed on Exhibit A, attached to this Resolution; and
BE
IT FURTHER RESOLVED that this group shall serve as the
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #71-0-08:
Re:
Approve Recreation By-Laws
Held.
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 $ 15,688.32
CURRENT 2008 243,180.67
CURRENT PRE-PAID 1,699,220.46
WATER OPERATING 2007 852.57
WATER OPERATING 2008 40,613.81
WATER PRE-PAID 232.12
GENERAL CAPITAL 1,190.00
WATER CAPITAL 73,424.42
WATER IMPROVEMENT ACCOUNT 1,425.35
ESCROW BOOKKEEPER 8,357.26
PUBLIC ASSISTANCE 15,433.50
RECREATION TRUST 13,191.00
UNEMPLOYMENT/DISABILITY 8.48
ANIMAL TRUST 5,829.75___
TOTAL VOUCHERS $2,118,647.71
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: March 10, 2008
___________________________
Daniel Mahler
Mayor
Payrolls:
Councilmen Pettet and Pasquariello moved a resolution approving the following payrolls:
Payroll #04 p/e 02/22/08 $195,288.08
Payroll #05 p/e 03/07/08 $196,472.32_
Payroll Total $391,760.40
GRAND TOTAL $2,510,408.11
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: March 10, 2008
________________________________
Daniel Mahler
Mayor
NEW BUSINESS:
Closed Session:
Re:
Negotiations/Personnel/Litigation
On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that,
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, (N.J.S.A. 10:4-1) permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, This public Body is of the opinion that such circumstances presently exist;
NOW,
THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque,
1. The public shall be excluded from discussion of action upon the hereinafter specified subject matter.
2. The general nature of the subject matter to be discussed is as follows:
1) Contract Negotiations, Personnel and Litigations.
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 O’Connell and Pasquariello moved a motion to reconvene.
On roll call, all were present.
ADJOURNMENT:
On entertainment of the Mayor, Councilmen O’Connell 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 9:45 P.M.
____________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk