MAYOR AND COUNCIL MEETING
BOROUGH OF WANAQUE

MINUTES

July 14, 2008

A Business Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, July 14, 2008, at 7:05 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 and Theoharous. Councilmen Pettet and Theoharous were absent. The Mayor declared a quorum. The Borough Attorney and Borough Engineer were present.

The Mayor read the following Sunshine Statement: This is a Business 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 June 9, 2008.

On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion to approve the aforementioned minutes.

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

Councilman Theoharous arrived at 7:10 P.M.

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiations/Personnel

On entertainment of the Mayor, Councilmen O’Connell and Balunis moved that,

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, (N.J.S.A. 10:4-1) permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, This public Body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque, County of Passaic, State of New Jersey, as follows:

1. The public shall be excluded from discussion of action upon the hereinafter specified subject matter.

2. The general nature of the subject matter to be discussed is as follows:

1) Purchase of property and negotiations.

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 Balunis moved a motion to reconvene at 7:35 P.M.

On roll call, all were present.

The Mayor read a statement for the site for the new Municipal building.

Before we get into the meeting, I would like to take a few minutes to discuss the site location for the new Municipal Building. As you know when this process started, the Council Buildings & Ground Committee reviewed several possible sites. Some sites were eliminated due to cost or proximity to wetlands. The others were evaluated and as a result the US Aluminum property on 4^th Avenue was selected. However, we also said that we would continue to investigate other possibilities.

During a recent conversation with the owners of the old Rhinesmith School property, we mentioned that their property was initially considered for town hall, but eliminated from consideration due to their asking price for the property. They came back to us with a very interesting proposal. Their proposal consists of a land swap whereby they would trade us the Rhinesmith property for the current Borough Hall property. We were also approached by the Post family about purchasing a portion of their property for the municipal building. Their property is a large vacant tract adjacent to the Rhinesmith property.

The Council and I have reviewed this possibility which will also include the purchase of several properties along Ringwood Avenue north of the Rhinesmith property and have determined that this location would be much better location for the new Town Hall than the Fourth Avenue property. This new location puts the building right on Ringwood Avenue, something that many residents have suggested.

We have instructed our consultant to review the new site and the possibilities for putting the new Municipal building there. The Borough attorney has also written to the other three property owners notifying them of our interest in their properties.

The municipal building property and the lot next door would be developed into 30 residential rental apartments, including 6 low and moderate income units.

We would retain a small parcel consisting of the Veterans monument, flag poles and cell towers.

In order to accomplish this, and move ahead with other redevelopment opportunities in our town, there is a resolution on the agenda authorizing a redevelopment study for several areas in town. The first area is from the Rhinesmith property north to Stevens Avenue. This includes all of the properties possibly needed for the Municipal building, plus the King Centre, the Rita’s Ice building, an empty lot, and one residential house on Stevens Avenue. We are not looking to do anything with the King Center, other than to possibly make it eligible for some state and federal funding, which I will address later.

The next Redevelopment area is from Cross Street north to the current Borough Hall property. We have asked the developer to look at whether expanding his proposal to utilize these properties makes sense. If they meet the criteria for redevelopment and the property owners agree, we would include them a redevelopment plan.

The third area is the Fourth Avenue area, including Arrow Metal, the US Aluminum site, the other industrial sites along both sides of Fourth Avenue, and the commercial properties along Ringwood Avenue between 2^nd Avenue and 4th Avenues. Again, we are looking to see if they are in need of rehabilitation or redevelopment to open up funding opportunities for them for improvements. We had previously stated that we were looking to give the properties on the east side of Ringwood Avenue between Second and Fourth Street a facelift to conform to the style of the Haskell Town Center Building. Including them in a redevelopment area enables them to be eligible for a number of state and federal redevelopment grants.

The fourth area is Union Court. This is a small street next to the 287 South on-ramp which the State did not buy out when the highway was built. We have been talking to the homeowners, and will go forward with a study only if all of the homeowners agree.

The final area is along the north side of Union Avenue between Greenwood Avenue and Superior Automotive. There is a redevelopment plan on those properties, where they are zoned for commercial and a hotel. We need to revisit that redevelopment plan, make the appropriate changes to conform with current redevelopment regulations and to actively seek a developer to implement the redevelopment of this area.

There is the potential for funding for improvements to properties included in a redevelopment area coming soon. Passaic County has secured a Community Development Block Grant which will be made available to the smaller communities in the County. One eligible grant is rehabilitation and storefront improvements for properties within a redevelopment zone. By including the properties along Ringwood Avenue, assuming they meet the redevelopment criteria, we may be able to secure grant funds to improve them.

Well, where does this leave us with the US Aluminum property. This property is included in the redevelopment area that is going to be studied. In talking with our economic development consultant, he recommends that the Borough keep control of the property as we go through the redevelopment process. We will continue to do the environmental investigation on the property to make sure it is cleaned up. There are several options that we can explore, which we will do over the next several months.

I am excited about the new site for Town Hall, and I personally feel it is a much better location than 4^th Avenue. We have a lot of work ahead of us in the next few months as we move these projects along.

PROCLAMATION:

Honoring Jan Barry – The Record on his Retirement:

Held.

ORDINANCES:

Public Hearing of Ord. #2-0-08:

Re: Dissolution of Wanaque Valley Regional Sewerage Authority

Held.

Public Hearing of Ord. #8-0-08:

Re: Bond Ordinance – Purchase of US Aluminum Property

Held.

On entertainment of the Mayor, Councilman Pasquariello and Balunis moved a motion to table Ordinances #2-0-08 and #8-0-08 to the August 11, 2008 meeting.

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

Public Hearing of Ord. #13-0-08:

Re: Amend Ordinance #1-0-08 – Regulating Outdoor Wood Furnaces

On entertainment of the Mayor, Councilmen Balunis and Theoharous moved a motion that Ordinance #13-0-08 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

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

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND ORDINANCE NO. 1-0-08 OF THE CODE OF THE BOROUGH OF WANAQUE REGULATING OUTDOOR WOOD FURNACES.

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.

Ben Thompson, 133 Doty Road, Haskell said I want to know how far this is going to go with this new Ordinance with the smoke. Who is going to monitor my smoke, who is going to check my wood. Is this new Ordinance going to affect me.

The Mayor said are you one of the individuals that has a wood stove.

Ben Thompson said yes.

The Mayor said yes it will.

Ben Thompson said it’s going to effect me. How can it effect me if I had a stove all these years.

The Borough Attorney said it will not effect the permitting process by ways of which any one else who buys a stove has to go through. There is an application process for those who tend to install new stoves and make an application to the Borough so that we know where stoves are. The enforcement aspect comes either from the Borough Building Inspector or from the Borough Health Officer. The Ordinance is crafted as a result of a model ordinance propounded by NESCAUM that’s an acronym that stands for the Northeast States for Coordinated Air Use Management. All of the New England states are a member of that and New Jersey and New York are a member of that. They have found that by reasons of the operation of the stoves that don’t completely burn their firewood that there was a need to address public health concerns. Maine in particular has enacted ordinances, actually statutes because a lot of people in Maine were using the stoves and there was a pool of contaminated air that began to spread over the small cities and towns in Maine. The problems are caused by people who burn green wood people who burn inappropriate things such as leaves, clothing and other things and because of the combustion ratios of some of those wood products being low there is an incomplete combustion of the wood or the product that’s there to burn. This results in smoke and smoke is an environmental problem.

Ben Thompson said just like a wood stove or anything else.

The Borough Attorney said well wood stoves in a house have more regulations.

Ben Thompson said when did anybody ever come down and check my wood. I burn all dry wood.

The Borough Attorney said then you don’t have a problem.

Ben Thompson said no I don’t. The Board of Health was there, the Environmental of Protection Agency was there.

The Borough Attorney said you don’t have a problem. But there are some people that would burn items that are not appropriate, paper, colored paper, magazine print. When you don’t have complete combustion creosote builds up inside the chimney the chimneys have to be regulated to be at a certain height so that the smoke doesn’t drift over to your neighbor and it has to be higher than your roof. And what happens when you don’t burn the creosote that gets there the creosote burns thereafter and produces smoke, produces environmental pollutants. So there is a list under this ordinance of the things that you shouldn’t burn. In essence if you burn dry wood you don’t have a problem.

Ben Thompson said the only problem I’ve had through this whole thing was a family dispute with my family and neighbors over dogs going to the bathroom on my yard which started it. And my brother’s mad at me for something that happened with my father. And all this became a big nightmare and everybody believed them and it’s a just a family fight. They’ve called the cops on me several times for my wood stove burning every time somebody got there there was no problem. They called the Environmental Protection Agency they came and they checked and there was no problem. It just escalates and escalates.

The Borough Attorney said there is no problem because apparently you’re burning the appropriate materials.

Ben Thompson said but I turn around and I have to spend thousands of dollars on lawyers which nobody even returns to my lawyer finally Mr. Brusco has.

The Borough Attorney said why would you need a lawyer if you’re in compliance.

Ben Thompson said why because I wanted to make sure. Tom Carroll “jerk the stove out.” What do you do just come down and jerk my stove out. I don’t like your swimming pool do I just come up and jerk your swimming pool out.

The Borough Attorney said I was asked to investigate the preparation of the Ordinance.

Ben Thompson said there was no investigation. Whoever came to my house.

The Borough Attorney said I was asked as an attorney to investigate the body of law and regulations that deal with wood burning stoves and it is a problem as more and more people are opting to go to wood burning stoves outdoor.

Ben Thompson said people are not going to afford five thousand dollars this year to heat their house. I don’t give myself a raise.

The Borough Attorney said I’ve explained to you the reason why. Seven states together with New Jersey and New York have promulgated this ordinance for control. We’re not alone in drafting it. It’s an attempt to try to regulate the need of the homeowner to have a wood burning stove or boiler as it’s called versus the environmental concerns that will come if you burn inappropriate materials, don’t have a high enough chimney and don’t address the regulations of the ordinance. So if you’re burning the type of materials that you’re burning you don’t have a problem. The application fee I think when you install it I think may be twenty five dollars and you’re exempted from that because you are already grandfathered.

Ben Thompson said that’s what I want. I want a letter saying I’m grandfathered.

The Borough Attorney said you are grandfathered in terms of the installation. You are not grandfathered in terms of having to burn appropriate materials, of having to address the areas that this ordinance seeks to address.

Ben Thompson said so all I have to worry about is clean smoke. Now who’s going to check my smoke.

The Borough Attorney said the Mayor was asking me about the grandfathering. Since you already have it installed we can’t impose upon you the requirement to come and take out an application for it. But that does not exempt you from continued inspections by the health officer or the building department.

Ben Thompson said no problem. Who is qualified to check that smoke.

The Borough Attorney said Mr. Brusco is and the health officer is.

Ben Thompson said he can tell if that smoke is bad or clean or good. The Environmental Protection Agency has a machine to check it but what does Jeff Brusco have.

The Borough Attorney said he has his eyes if there is a big pool of smoke coming out he can see what you’re burning.

Ben Thompson said and that counts for a wood stove too in the house.

The Borough Attorney said the industry regulates internal stoves. Unfortunately there is no statewide or nationwide regulation as to the manufacturing of these wood burning stoves. There is a whole variety of them. Some are very efficient and some are apparently not so efficient. So this is an endeavor hopefully that you’ll buy an appropriate stove with an appropriate chimney and burn appropriate wood. If all that takes place there should be no problem. Is there going to be smoke there’s going to be smoke is there going to be a pool of smoke that you see come out of the smoke stacks hopefully not.

Ben Thompson said if I have bad neighbors that just keep saying the chimney is smoking and just keep complaining and everybody listens to them because they cried and their kids are sick. It’s all a lie. They all smoked in their house by their kids for fifteen years they played cards. Nobody else in my town is sick. Nobody else in my neighborhood is sick. The people across the street, I hope I don’t hurt anybody’s feeling for this, DYFS came to their house for smoking pot and wanted to take their kids out and then they’re complaining about my smoke. It was all a lie.

The Borough Attorney said you have to appreciate Mr. Thompson that if a neighbor someone complains that something is going wrong somebody has to investigate it.

Ben Thompson said who came to investigate. You guys made laws and passed everything.

The Borough Attorney said you said someone was there and approved your wood. Who did you say came and looked at your stove.

Ben Thompson said the Environmental Protection Agency came. The Department of Environmental Protection came and he told me you’ve got a bad neighbor that keeps on complaining. Put a stack up and you’ll never have a problem.

The Borough Attorney said then that may be the solution. There is no regulation as to how high the stack has to be. So you can put up a five foot stack which makes no sense. But whatever your manufacturer says you’re going to do. But the stack has to be higher than five feet or ten feet. So this regulation says here’s how high the stack has to be so you don’t have a fire problem or a smoke problem. So you don’t have a problem apparently because you’re burning good wood. What happens between you and your neighbor is really not the subject of this ordinance.

Ben Thompson said so if I have a bad smoke problem then I have a problem.

The Borough Attorney said yes.

Ben Thompson said okay. I can live with that. That’s no problem. But I don’t have to go by anything else.

Councilman Balunis said what about the time period on there.

The Borough Attorney said hours of operation of the stove.

Ben Thompson said that shouldn’t effect me. I’m grandfathered in. I’m going to shut it off for the summer. I just had it off for the last three summers and they call you guys up, they call the cops and they complain about the smoke and it wasn’t even on. The Department of Environmental Protection came there and said what are these people crazy. All I’m saying is the people just keep complaining and complaining. It’s becoming a big problem with me now. It’s costing me a lot of money. I put this stove in five years ago because I saw the price of oil coming. It costs me nothing now to heat my house. I’d like to see how many of these people pay five thousand dollars this year to heat their house, six thousand dollars. It’s going to cost them a lot of money. Thank you.

Lorin Thompson, 133 Doty Road, Haskell said we’ve received mounds of complaints from all our neighbors and the problem was fixed when we put the extended chimney on. The ordinance as it reads now, our attorney has contacted you because we were afraid of losing the wood stove and he set forth in the letter what our specific concerns are. We are concerned with the times that are set forth in that ordinance that regulates when we can burn. It’s our only source of heat to burn from October 15^th to May 1^st maybe we can do it. If it’s cold we might not be able to and we don’t want any more trouble with the town, we never did want any trouble with the town. We’ve complied, we’ve put the chimney up, we burn clean wood. We might have to turn it on before October 15^th. If we don’t have to we won’t but if it gets cold we’re going to have to turn it on for heat. So we don’t want any more complaints and we just want you to know that’s our only source of heat. If we’re made to comply with this Ordinance what are we going to do not have heat. Turn on the wood stoves in the house I mean that’s ridiculous. So we just think that this really bias’ us and prejudices us and everything else. We want to burn earlier and May 1^st might be good if it’s not cold out. So please listen to our attorney’s concerns and our concerns and we appreciate your time. Thank you.

The Borough Attorney said I’ll talk to your attorney and address his concerns.

Lorin Thompson said I would appreciate that. Thank you.

Keith Mitchell, 4 McKinnon Place, Wanaque said I have the same stove and I’m having the same problems. I have neighbors that are throwing garbage in my stove because they don’t like me. That’s where the smoke is. And I actually had a conversation with you on the phone and you said you don’t want a third in town so Ben and I were going to be grandfathered in. Why did we have to hire a lawyer. Do you remember that conversation.

The Mayor said you didn’t have to hire a lawyer you chose to.

Keith Mitchell said okay but all these new ordinances come around and we’ve already had our stoves it shouldn’t effect us at all.

The Mayor said well you’re still subject to what you can burn and what you can’t burn.

Keith Mitchell that’s fine. I have no problem with that. It’s that people are throwing garbage in my stove. Now there’s a lock on it. Now it’s not going to happen. And I have a lawyer on the case too and you guys were sent letters and nothing.

The Mayor said we just got his letter Friday.

The Borough Attorney said it just came in today at noon.

Keith Mitchell said that’s the only source of my heat too. You guys can’t regulate what I burn. Every fireplace out there that burns, smokes and our stoves are approved by the Environmental Protection Agency. Do you know that. Approve by the Environmental Protection Agency. Do you have anything to say.

The Mayor said no.

The Borough Attorney said there is no regulations at the Environmental Protection Agency level or the state level that control the manufacturing specifications of these stoves.

Keith Mitchell said we would have to spend over a hundred thousand dollars for the Environmental Protection Agency test.

The Borough Attorney said we don’t have an Environmental Protection Agency test here.

Keith Mitchell said well they have it.

The Borough Attorney said as long as your chimney is high enough, as long as you’re burning the proper amount of materials you’re not burning rags, creosoted beans things of that nature then there is no problem. There is a whole list of things you can’t burn. In essence you can burn dry seasoned wood. Dry seasoned wood has a low combustion coefficient and should burn appropriately. Some of the others don’t and they cause the smoke problems that have been associated with some of the complaints or allegedly.

Keith Mitchell said now the person down the street burns green wood and is smokes the whole neighborhood and they think it’s coming from me. Is that fair.

The Borough Attorney said if somebody complains the building inspector will go out. If it’s somebody down the street I’m sure he’ll be able to make that assessment. If there’s a smoke stack down the street and the smoke is drifting north and they’re coming about you where’s the problem. There’s no problem. What we can’t control is apparently a neighborhood dispute where people are just ragging on you because they don’t like you for some reason. That’s not the purpose of this ordinance. The purpose of the ordinance is to unearth a whole area of regulation that’s going to come in more and more in to style because a lot more people are opting for these wood burning boilers and installing them outside the house and you need some sort of regulation to control what you can burn in them.

Keith Mitchell said okay. Thank you.

Dave DaSilva, 108 Monroe Street, Haskell said in reference to the date that they can start burning and they have to stop burning what happens if it is cold and it’s the only source of heat.

The Borough Attorney said those dates were picked with regard to when landlords have to turn on heat in apartment buildings and that’s frankly where they were crafted from.

Dave DaSilva said if they turn it on before or after that point is there a penalty of some sort.

The Borough Attorney said there can be if in the opinion of the building inspector or health officer it’s unwarranted. If you get a twenty degree day in September or October 3^rd I don’t think there would be a problem because common sense would prevail over it.

Dave DaSilva said because it’s their only source of heat.

The Borough Attorney said right.

John Maiello, 26 Rhinesmith Avenue, Wanaque said you can’t get involved in personal disputes. You can only go by the law and the ordinance. Regarding the question that was just asked, I have a house that’s heated by gas. If it’s cold October 1^st I can heat my house now if these people may have small children you have to find some way to amend the ordinance so if that’s their whole system they should have just the same priviledge that I do.

The Mayor closed the Public Hearing.

On entertainment of the Mayor, Councilmen Balunis and O’Connell moved a motion to amend the ordinance to extend the dates from October 1^st to May 1^st.

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

Councilmen Pettet and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND ORDINANCE NO. 1-0-08 OF THE CODE OF THE BOROUGH OF WANAQUE REGULATING OUTDOOR WOOD FURNACES 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, with the amendment to extend the dates from October 1^st to May 1^st and the Mayor declared the motion carried.

Public Hearing of Ord. #14-0-08:

Re: Establishing Chapter 74C – Hotels and Motels

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #14-0-08 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

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

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

ESTABLISH CHAPTER 74C OF THE CODE OF THE BOROUGH OF WANAQUE,

ENTITLED “HOTELS, MOTELS AND TOURIST LODGES,” TO ESTABLISH LICENSING PROCEDURES, REGULATIONS, AND A HOTEL AND MOTEL OCCUPANCY TAX.

The Mayor opened the Public Hearing.

Dave DaSilva, 108 Monroe Street, Haskell said in article 2 there is a reference to 2003 and 2004 is that just taken from the State law. Adopting in 2008 doesn’t matter 2003 or 2004.

The Borough Attorney said that is the enabling statute from the State allowing municipalities to adopt such an ordinance.

Dave said so it’s three percent.

The Mayor said yes.

The Mayor closed the Public Hearing.

Councilmen O’Connell and Balunis moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO

ESTABLISH CHAPTER 74C OF THE CODE OF THE BOROUGH OF WANAQUE,

ENTITLED “HOTELS, MOTELS AND TOURIST LODGES,” TO ESTABLISH LICENSING PROCEDURES, REGULATIONS, AND A HOTEL AND MOTEL OCCUPANCY TAX 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. #15-0-08:

Re: Amend Chapter 108 – Restrict Parking on Elinora Drive and Clifford Road

On entertainment of the Mayor, Councilwoman Cisco and Balunis moved a motion that Ordinance #15-0-08 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

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

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC, TO REGULATE PARKING ON ELINORA DRIVE AND CLIFFORD ROAD.

The Mayor opened the Public Hearing.

Chris Cosgrove, 11 Clifford Road, Wanaque said we’ve become the yellow line zone, no parking. That nice little development really has turned into a mess. Between the high school, I know the reasons for the emergency vehicles that you want to adopt the same ordinance that you have on Willow Way. I think it’s good that the police and firemen and everybody can get up there. But this ordinance says it’s restricted to school days, which I agree with, but can the signs state that because if the ordinance says school days the signs don’t reflect that at all. So anybody from out of town or anybody coming to visit you during eight to three, Monday to Friday can only park for one hour when the ordinance itself states school days only. So somehow can these signs that have to be put up to regulate the parking because in my instances I have the restricted parking on my whole front and on my whole side. Which is going to have signs saying no parking Monday to Friday, eight to three one hour only. I also inflect saying school days or from September 1^st to June so at least during the summer hours people can park there.

The Mayor said can we do that Tom. It should say when school is in session.

The Borough Administrator said I’ve got to see how the ordinance is.

Chris Cosgrove said I’m not the only one who feels that way. I do have a petition from almost everybody that this does effect and the letter that we did receive from counsel states school days only and it says it’s supposed to reflect the ordinance that’s on Willow Way and Willow Way signs do not say that.

The Borough Administrator said it could say while school is in session. That’s the way Willow Way is in the ordinance, it may not be on the signs, but that’s the way the ordinance does read.

Chris Cosgrove said but people not knowing it who are coming to visit you do not know that.

The Mayor said so let’s put that on the signs also and let’s also do them on Willow Way.

Chris Cosgrove said how come all of a sudden all these yellow stripes are painted all over this nice quaint little neighborhood. The statues of no parking within fifty feet is in the New Jersey handbook. Now the intersections, our homeowners are getting tickets on their own properties when they have been living there for thirty years. This nice little Elinora Drive, Clifford Road, I don’t want to call it a red light district we can just call it the little yellow lines commercial district what it looks like now. I would appreciate it if somebody drove through and took a look at this. It really has changed the look of this really nice little community. We really have it hard with the kids parking and the dirt and the litter and the language. But now many of us have lived there twenty to thirty years you should see what this looks like now and we can’t park and it’s really a shame. If the rules are in the handbook the police have been letting a lot of it slide maybe for thirty or forty years I’m not saying that’s right. But we have so many homeowners now that can’t park in front of their own homes when school is not in session because of these fifty foot yellow borders all over the place. It really makes the community look horrible. I would appreciate it if you guys took a ride and took a look at this now.

The Mayor said we will.

The Mayor closed the Public Hearing.

Councilmen Balunis and O’Connell 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 REGULATE PARKING ON ELINORA DRIVE AND CLIFFORD ROAD 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 Ordinance #16-0-08:

Re: Amend Chapter 28, Personnel to establish a Defined Contribution Program

On entertainment of the Mayor, Councilmen Balunis and Theoharous moved that Ordinance #16-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 28, ENTITLED “PERSONNEL” TO ESTABLISH ARTICLE XIII, DEFINED CONTRIBUTION RETIREMENT SYSTEM.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 28, ENTITLED “PERSONNEL” TO ESTABLISH ARTICLE XIII, DEFINED CONTRIBUTION RETIREMENT SYSTEM 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 11th day of August 2008, 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.

Introduction of Ordinance #17-0-08:

Re: Amend Chapter 108, Vehicles and Traffic to add a Bus Stop at Argyle Street

and Ringwood Avenue

On entertainment of the Mayor, Councilman O’Connell and Councilwoman Cisco moved that Ordinance #17-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

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

AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108,

ENTITLED “VEHICLES AND TRAFFIC TO AMEND SCHEDULE X – BUS STOPS, TO ESTABLISH A BUS STOP AT ARGYLE STREET.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO

AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108,

ENTITLED “VEHICLES AND TRAFFIC TO AMEND SCHEDULE X – BUS STOPS, TO ESTABLISH A BUS STOP AT ARGYLE STREET 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 11th day of August 2008, 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

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

Introduction of Ordinance #18-0-08:

Re: Amend Chapter 108 – Vehicles and Traffic to Add Schedule XIV no turn on red

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that Ordinance #18-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE,

CHAPTER 108, VEHICLES AND TRAFFIC TO ESTABLISH SECTIONS PROHIBITING RIGHT TURN ON RED.

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 ESTABLISH SECTIONS PROHIBITING RIGHT TURN ON RED 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 11th day of August 2008, 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

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

Resolution #124-0-08:

Re: Cancel $115,000 to Capital Surplus

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

WHEREAS, the following General Capital appropriation balance remain unexpended:

21-0-06 $115,000

WHEREAS, it is necessary to formally cancel said balance so that the

unexpended balance may be credited to Capital Surplus;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Wanaque that the above listed unexpended balance of $115,000.00 be cancelled to Capital Surplus.

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

Introduction of Ordinance #19-0-08:

Re: Appropriating $115,000 from Capital Surplus for Haskell Firehouse Addition –

On entertainment of the Mayor, Councilmen Theoharous and Balunis moved that Ordinance #19-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

The Clerk took from the table and read by title only as follows: AN ORDINANCE APPROPRIATING $115,000 FROM CAPITAL SURPLUS TO FUND AN ADDITION TO THE HASKELL FIREHOUSE.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $115,000 FROM CAPITAL SURPLUS TO FUND AN ADDITION TO THE HASKELL FIREHOUSE 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 11th day of August 2008, 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

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

The Borough Attorney left the meeting at 8:15 P.M.

COMMITTEE REPORTS:

Councilman Balunis:

Councilman Balunis reported the recreation commission doesn’t meet in July. They are getting ready for fall programs. Wanaque and Haskell schools renovations/referendum work is going on and the Wanaque field project work continues.

Councilwoman Cisco:

Councilwoman Cisco reported the Welfare Board did not have a meeting this month. The Board of Adjustment had five items on their agenda and three were heard. A letter of resignation was submitted for Board of Adjustment member Michael O’Hanlon.

Councilman O’Connell:

Councilman O’Connell reported we’re still looking for a garbage truck. The Borough hall had all the needs and assessments reported to the consultant. The Planning Board had no meeting last month due to there being no agenda. This Thursday there will be a meeting.

Councilman Pasquariello:

Councilman Pasquariello reported that for the police there is no report. The First Aid Squad is still looking at the one rig and they did not have a meeting this month.

Councilman Pettet:

Councilman Pettet was absent.

Councilman Theoharous:

Councilman Theoharous said reported the bids for the Haskell Firehouse addition were $270,500.00 to $580,000.00 which were too high. Proposals are to be received from the new architect and the bids are to be rejected.

The Borough Administrator went over items on the agenda.

PUBLIC DISCUSSION:

John Maiello, 26 Rhinesmith Avenue, Wanaque said is it true we were turned down by the State for State Aid it was in the paper today.

The Mayor said yes we were turned down for the extraordinary State Aid.

John Maiello said the other thing is I can’t see buying the Aluminum property if you’re not going to put the town hall there. That would put us two more million dollars in debt, the resolution there. I think we have enough problems now with, if there’s any delay, the State has just extended the permits on builders for four years. And I would just hope you’re not buying that property to satisfy Mr. Capodaglia because he wants that property cleared. You have to understand if he doesn’t build there and we don’t get the other two buildings built by Pulte in the next couple of years we lose 2.6 million dollars in revenue. Six hundred thousand you get a hundred percent from the candle factory even if you only get twenty percent of that two million, fifty five percent of it goes to our schools and the rest of it goes to help us pay our County bills. So I would kind of hold up before I start spending two million dollars on a forty year project.

The Mayor said first of all, Mr. Capodaglia has nothing to do with the US Aluminum and second of all we’re moving slowly with that.

John Maiello said I just made a comment. With regard to the town hall what is the size of this property, how big are these two properties.

The Borough Administrator said it’s about an acre. They’re just about the same size.

The Mayor said it’s just less than an acre.

John Maiello said and you want to put thirty units. Are you guys out of your minds. Do you realize what congestion would be. You would need at least forty five parking spaces. How many parking spaces do you have here. What are you going to do put a garage underneath and put up four stories high. I agree with you but we shouldn’t put the town hall here. It’s ridiculous to make a slump like that and then put thirty apartments here and you have thirty five or forty parking spaces and that doesn’t even mean if they have guests. It just doesn’t make any sense.

Kenneth Ambruster, 6 Gardella Place, Haskell said I appreciate the town picking up the yard waste. But I do notice a safety concern with the truck coming around. The rear beeper is not functional. It’s a safety issue and I feel for the poor guys operating that truck if somebody doesn’t get hurt one of these days if and when they back up going up and down the streets when they have to back up. I don’t see the other truck I guess the other truck died.

The Borough Administrator said is this the packer truck you’re saying or the garbage truck.

Kenneth Ambruster said the garbage truck. The one that you bought last year that was supposed to replace the other one that died. The yard waste truck.

The Borough Administrator said we will take care of it tomorrow. They should not be out if it’s not working.

Kenneth Ambruster said well it has been that way for several weeks and I’m concerned that someone doesn’t get hurt.

The Borough Administrator said we’ll take care of it. Thank you.

Dave DaSilva, 108 Monroe Street, Haskell said I first want to object again to having the format in this fashion where while Tom went through some of the stuff he didn’t go through all of it. So I still have some questions about some of the items on the agenda. In reference to the liquor license hearing for the Phoenix Club and 815 Ringwood Avenue is that going to be an actual hearing tonight or is that reporting on a hearing that took place.

The Borough Administrator said the Phoenix Club asked to be deferred to next month. 815 Ringwood Avenue I don’t believe is here.

Dave DaSilva said so that was an actual hearing that was supposed to take place here tonight.

The Borough Administrator said yes.

Dave DaSilva said what is the status of the Wanaque Valley Regional Sewerage Authority.

The Borough Administrator said nothing has changed since last month.

Dave DaSilva said so you’re still going to have the comptroller look into it.

The Mayor said we’ve requested the comptroller to look into it and he hasn’t gotten back to us yet.

Dave DaSilva said are we still going to carry the US Aluminum purchase and the hearing until you guys are ready to actually move forward.

The Mayor said yes.

Dave DaSilva said what is the status of the environmental investigation.

The Borough Administrator said they are still in the process of going through the paperwork. They got the request in to Department of Environmental Protection they are reviewing the file with Department of Environmental Protection and the Environmental Protection Agency they have not come back to me with any smoking guns or anything. We knew where there were some issues and there have been no surprises.

Dave DaSilva said and they are just reviewing papers at this point they haven’t actually gone out and done any samples of any sort.

The Borough Administrator said they have not done any samples. They did go out and do a site visit and site investigation but they haven’t gotten to the point nor have they asked us to authorize them to do that.

Dave and that’s included in the fee that we already authorized right.

The Borough Administrators said yes.

Dave DaSilva said in reference to the report to the office of smart growth I noticed that there were several references to a visioning project of some sort. At what point does the community get involved in that process.

The Borough Administrator said that is the next step that we go through. We had filed a grant application, which we should be hearing from shortly, with the office of smart growth to pay for the planner to go through that visioning process and that would probably be sometime in the fall.

Dave DaSilva said and then you would have some sort of hearing where the public can come out.

The Borough Administrator said yes.

Dave DaSilva said the redevelopment studies are we taking this as one big project or are you breaking these out to four separate projects.

The Mayor said five separate projects.

Dave DaSilva said there’s two Midvales.

The Mayor said there’s two Midvales, three Haskells.

Dave DaSilva said so it’s Midvale times two, Fourth Avenue and Union Court and Union Avenue north. Do you know how much it’s going to cost what you’re approving tonight.

The Borough Administrator said $19,500.00.

Dave DaSilva said and we’ll hear about that I guess in the future.

The Borough Administrator said yes.

Dave DaSilva said I was a little confused what is the grant application to the Highlands Council.

The Borough Administrator said to do an assessment as to what the Borough is going to need to do to come into conformance with the highlands regulations. Basically what they’re doing is giving towns money to figure out, it’s a pre-planning grant so that you can set up and do the investigation into the highlands regulations so that you have enough information to move forward should we want to conform. And we’re going to have to conform at least for the preservation area for the Highlands regulations.

Dave DaSilva said is the money paying for consultants to talk to us.

The Borough Administrator said yes.

Dave DaSilva said Councilman O’Connell mentioned the needs assessment is complete and will it be submitted.

Councilman O’Connell said we’re hoping to have everything for next month so we can get everybody together on it.

Dave DaSilva said what is going on with the advertising on the water tank.

The Borough Administrator said I’ll deal with that at the meeting when we get to the stuff we still have to talk about.

DaveDaSilva said well that’s my point. I’m not going to be able to comment on it if you don’t tell me now.

The Borough Administrator said I met with representatives of the company they are interested in doing something. They need to do some more research. We did not talk any numbers but there is a good possibility that we can do something either on the tank or in front of the tank.

Dave DaSilva said is this holding up the rest of the renovations of the tank.

The Borough Administrator said no not at all.

Dave DaSilva said just the actual painting I guess when they are finally done with the construction part of it.

The Borough Administrator said in talking to them it’s either going to be attached to the front of the tank or a separate structure in front of the tank.

Dave DaSilva said the cell towers on top of the tank do we actually get revenue from that.

The Borough Administrator said yes.

Dave DaSilva said and it’s not going to effect that at all.

The Borough Administrator said no.

The Mayor said the biggest cost of the tank renovation is the painting of the inside of the tank where the water is.

Dave DaSilva said have we done the testing of the water yet and is everything clear.

The Mayor said yes.

Dave DaSilva said the Mar Del Manor I noticed there is some construction going on there do you know what’s happening with that. The last I heard you had told me the bank had taken possession of the property.

The Borough Administrator said there is a new owner, they are renovating and they are waiting for their certificate from the State to re-open.

Dave DaSilva said and it’s going to be the same use.

The Borough Administrator said yes.

Dave DaSilva said will that work into our COAH requirement.

The Borough Administrator said it’s a good question. I haven’t looked at it. I don’t know what the requirement is since they closed down whether we get credits for the new beds, I doubt it, but it’s a good question.

Dave DaSilva said you may want to try to work it so that we do.

The Borough Administrator said I will. That would be significant. However it depends on how they deal with it on age because the new COAH requirements reduce the senior percentage to twenty five percent. So it may not work for us at all even if it was.

Dave DaSilva said when I asked in May about the COAH status for our town you had said there was something happening in June and here we are in July. Have you heard anything about where we stand with our third round.

The Borough Administrator said the State has provided us with, we have new regulations they wanted a plan submitted. I’ve gotten a proposal from our planner to do it. I don’t have a budget and we need to take a serious look as to what the timing is going to be for that. We are talking about another eighteen thousand dollars to update a plan that we spent eighteen thousand dollars on two years ago to submit. So we need to address that in the next month or two. But I want to get through getting the budget adopted.

Dave DaSilva said well I can’t emphasize how important this issue is to me personally because I would not want to see us lose our certification and have a builders remedy lawsuit where we have anything anywhere. So I think it’s something we need to keep an eye on. Because obviously our requirement has gone up as part of the new calculations while the borough continues to say no it’s ninety. So I’m concerned about how we come to the table with the State and come to some agreement as to where we stand.

The Mayor said we’ll all concerned with that.

Dave DaSilva said good I’m happy to hear that. Are the closed sessions obviously when you guys went upstairs today but when the closed sessions are in this room are they recorded.

The Municipal Clerk said no they are taken by notes.

Dave DaSilva said I know that and I see that Tony is not here but I know that as far as the open public meeting law after an issue is resolved the Council has thirty days to make those minutes from the closed session available to the public. And that brings me to another issue about the minutes. I’ve noticed that and Kathy no fault of yours I’m sure but there has been a lot of paraphrasing lately in the minutes where before the specific detail was discussed and now there’s COAH was discussed and we don’t actually see what words were said by who. And I’m a little concerned that the record is getting muddyed. I understand that the open session is recorded but I am a little concerned about the closed session not being recorded and if we have paraphrasing US Aluminum site discussed that really doesn’t tell the public much about what was discussed who said what etc. Obviously I have never seen minutes from a closed session about the US Aluminum site. I’m just concerned about what is actually being written down as part of those record keeping and obviously complying with the open public meetings act. Do you guys get a copy of the closed session minutes.

The Mayor said no.

Dave DaSilva said if I requested closed session meetings from the Pulte development do you have any idea what I would get.

Councilman Theoharous said get resolved issues that we talked about. It all comes public to you but it all comes to the public one way or another whether it comes up to a vote it’s going to be in the public record.

Dave DaSilva said I appreciate that but my concern is that there was a site selection process as part of this thing over the past year and a half and you were in closed session discussing site selection and the purchase of real property.

Councilman Theoharous said that’s right. That’s why we have closed session because if everything goes out it’s going to be misconstrued that’s why it’s closed session. So we talk amongst ourselves to find out what we’re going to do and once we decide that then we bring it to you.

Dave DaSilva said I understand the whole process. But according to the open public meetings act there has to be some accountability of what was discussed at that meeting and if it’s simply discussed US Aluminum site I’m not sure if that complies with the law.

The Municipal Clerk said it is detailed but until they are releasable a copy is not available. That is still ongoing US Aluminum.

Dave DaSilva said I mentioned also the work session minutes a few months ago not being on the website. Is that something that you guys are working on or is it something I can request copies of in person.

The Municipal Clerk said I’m a little behind with them but I will get them up as soon as possible.

Dave DaSilva said okay. Finally in reference to the Borough hall and the development that you’ve announced tonight about the possibility of doing a land swap with Mr. McNerney is that a done deal is that something that you guys have already inked and it’s going to happen or is it just a conceptual discussion at this point.

The Mayor said I would say it’s a conceptual discussion.

Dave DaSilva said so it’s still possible that you are going to purchase the US aluminum site for Borough hall.

The Mayor said there are a lot of possibilities. We may purchase a totally different site if neither one works out you never know.

Dave DaSilva said well just a few things to bring to the table when you’re negotiating this conceptual idea with Mr. McNerney. I’m not sure if you guys would have any issues with the highlands exemption that he received for that property. I think his highlands exemption itself is questionable because the plans have changed like two or three dozen times since he got the exemption in 2003.

The Mayor said before we do the swap with him we’ll be before the Highlands.

Dave DaSilva said the property you are discussing behind it I haven’t been back there in a while but are there any setback issues with being so close to the water.

The Borough Administrator said actually they are in what they call the lake community zone which is the same zone that the lake communities up in Ringwood are around. And they are developable.

The Mayor said the property is to the right of the Rhinesmith property in the back. It’s not really behind it. If you’re in the back of the Rhinesmith property it’s to the right.

The Borough Adminsistrator and it’s mid block on Furnace Avenue. There’s the street on one side and three homes on the other side.

Dave DaSilva said do you know how many homes would be involved in that portion of the redevelopment.

The Borough Administrator said there is one that fronts on Ringwood Avenue and they included one home on Stephens Avenue that is behind the vacant lot that basically just squares off the Rita’s property between Furnace Avenue and Stephens Avenue.

Dave DaSilva said how long has this been on the table has Mr. McNerney come to you within the past couple of weeks.

The Borough Administrator said since the last council meeting. It was pretty quick.

Dave DaSilva said so this doesn’t really coincided with the fact that they have been carrying their application for the Board of Adjustment for the past six months. It wasn’t that this was going on in the background.

The Borough Administrator said not at all.

Dave DaSilva said and finally I’ll just say that I really haven’t obviously given this new idea much thought since I only heard it about thirty minutes ago. But if this did work out where you decided to do this and it worked for everybody involved, I don’t see any need to spend two million dollars getting back into the real estate business, as it is we have a lot of real estate. There is one piece of property at the corner of Doty Road and Ringwood Avenue that we are giving away free to one of the developers that we own, rent free. I don’t think the Borough needs to be in the real estate business any longer and I really think it would be a waste of money especially in these economic times with the budget increase that we have this year, the increased taxes that are going to be imposed upon our residents I don’t think we need to spend an additional two million dollars for using something that at this point we really don’t need. Thanks.

Tom Luciani, 11 Belmont Avenue, Wanaque said with regard to the proposal of switching the property with the Rhinesmith building and this building. From what I understand they want to switch and put low income housing and apartments in this area if the switch was to be made. Does it really make sense that we want to have low income housing in the center of our town where we are trying to do a beautification and we’re going to put apartments and low income housing.

The Mayor said well low income housing is required by COAH for “x” amount of units that you have.

Tom Luciani said low income housing has been required for years and we allowed it to get by so now we’re going to allow it in the center of our town.

The Mayor said if you put in thirty units, it’s one for six, so if you put in thirty, it’s one for every four, so you need six units divided by five.

Tom Luciani said if the property is switched there was a proposal that there was supposed to be a company one firehouse to be put on to this property where would that firehouse be.

The Mayor said we haven’t determined that yet.

Tom Luciani said will there be.

The Mayor said we haven’t determined that yet either.

Tom Luciani said okay thanks. Just something to think about.

Chuck DeVore, President, Wanaque First Aid Squad said a couple of questions I have to ask. We need to put a sign up for new members down at the end by Dunkin Donuts on Ringwood Avenue. We’re down to ten, twelve members. We need to get a fund drive going. We need to get a sign up. You do have a piece of property down there that’s across from the Dunkin Donuts. The sign is roughly three by five. Who would handle putting the sign up and taking care of it.

The Borough Administrator said we don’t have any property down there.

Chuck DeVore said who owns across the street where the welcome to Wanaque sign was.

The Borough Administrator said that is owned by DuPont.

Chuck DeVore said Dupont as in Pompton DuPont.

The Borough Administrator said yes.

The Mayor said the welcome to Wanaque sign will be up by the next meeting.

Chuck DeVore said so if I get permission from DuPont then I can put the sign there.

The Borough Administrator said technically yes. With regards to down at the intersection we’ve discouraged signs from being hung on the fence and what not because of the way they look and we were having signs from all over. But that you would have to go to Dupont to get the permission from them.

Chuck DeVore said because I know the fire department hangs one across Ringwood Avenue on the banner.

The Mayor said that they get the County’s permission from because it goes across the road.

Chuck DeVore said the second thing is our roof. The insurance on that.

The Borough Administrator said right we’ve talked about that.

Chuck DeVore said I just want to get that on record though that the ball doesn’t get dropped because we’re going on two years on that.

Councilman Pasquariello said I thought it was settled.

Councilwoman Cisco said I’m sorry, through the chair, Councilman you’ve got to be kidding me. You’re on that committee.

Chuck DeVore said it has to get resolved though because it’s an issue with safety now inside the building with the dropped ceiling coming down. And they used all our tiles to repair the part that caved in on us which were never replaced by them either. And the other thing is just the parking lot. About how long will they be using that side of the parking lot because Patty just let me know that rentals that we are canceling for weddings because we only have half a parking lot. So I just need a time frame and about the damage that’s being done in the parking lot which I know Tom you did say that it was being taken care of but I just need to know what’s being done on that and be brought up to speed on that.

The Borough Administrator said they’re supposed to be done by the end of August. The idea was to have most of the work done before school opened. I know most of the pipes should be out of there. I haven’t been over there to see, so they should have consolidated.

Chuck DeVore said they moved down about twenty feet but the other thing is the issue of how fast they drive through the parking lot with the dump trucks.

The Borough Administrator said we’ve addressed that with them already and the time that they started operating also. I just talked with Mike tonight with regards to a proposal to at least make a repair and seal coat the parking lot. We need to come up with a long term plan to re-do the parking lot.

Chuck DeVore said okay thank you.

Timothy King, 31 Evergreen Avenue, Haskell said regarding my letter that you received shortly after June 26^th I am just wondering what the Council’s response is to that letter.

The Borough Administrator said I sent a letter to your neighbor who has the pipe and asked them for permission to go onto their property and replace the pipe. I have not received a response back from them yet. As I explained to you, the pipe was installed and I looked through the deeds and it appears that it was done by the developer when those homes were built. It’s a corragated aluminum pipe that sits not too far underneath the roadway and the ground. That whole area is relatively flat and that corraged pipe over the years became clogged and it’s been clogged for, I was down there maybe eight or ten years ago with Mayor Hagstrom at the time and we tried jetting it out and it was without success. I know that the property owner was asked at that time to allow us to have access and that was denied and we have made a second request to him. If he gives his permission then I have to come back to the Council to get authorization to move ahead to remove the pipe. That’s going to encompass getting permits from DEP and then going out and hiring a contractor. If he were to give his permission tomorrow that work would be done probably sometime next year because you’re looking at six months to nine months just to get through DEP.

Timothy King said okay. With all due respect did you read my letter.

The Borough Administrator said yes I did and as far as the inverse condemnation and all those other items unfortunately I can’t address them and Mr. Fiorello left. He would be the one that would have to speak to a lot of the points that you have in your letter.

Timothy King said so should I just follow up with a phone call then tomorrow morning.

The Borough Administrator said you can call him directly and ask him.

Timothy King said I’ve had several conversations with him already. So that’s basically where it stands I’m the one to follow up with Mr. Fiorello regarding the easement that does exist even though you say there is not one that exists.

The Borough Administrator said there is nothing on the deeds and there is nothing on the tax map.

Timothy King said I’ve established one though a prescriptive easement that’s what the letter describes for this reason.

The Borough Administrator said I would need and the Council would need something from Mr. Fiorello saying that you’re correct and then we would have to approach the property owner in that respect with the threat of litigation.

Timothy King said given our numerous conversations we’ve had over this topic in the past you have told me that he has categorically denied access to his property. And as many times as you have asked, it has just been a flat out no in response to the waterfall he built and where the town came in and knocked it down because he was creating flooding upstream in the post brook. So with that being said what would lead you to believe that he’s going to say yes to you tomorrow or within the next fifty years. I’m just concerned over the fact that he will just continously say no and the town’s contention is going to be be this guy says no therefore we can’t do it. And I also attached a New Jersey statute with my letter whereas I site that the town is in violation of managing stormwater. Daily I’m to deal with the prospect of losing personal property of my own because the town fails to address the stormwater issue.

The Borough Administrator said first that stormwater issue predates the stormwater regulations.

Timothy King said therefore it’s not applicable.

The Borough Administrator said that area has been flooding as long as I have been the Administrator here for thirteen years.

Timothy King said that does not bode well for you to put that on record that you know it has been flooding for years and to do nothing.

The Borough Administrator said there’s no place for the water to go.

Timothy King said when the storm drains are clogged to the top and packed like a brick of course it’s not going to go anywhere.

The Borough Administrator said I think you have to look at it in a little bit more of how everything drains in that area. That storm drain, if you look, go to the outfall on the other side is about six inches below the water. When I was there it was below, the bottom of the pipe was in the water.

Timothy King said I did and I didn’t see what you are describing. If that homeowner at 30 Evergreen Avenue has denied access to his property that brook travels directly through the middle of his backyard so how were you able to view that if he would not allow you on his property.

The Borough Administrator said because I was on his neighbor’s property who allowed me on because it goes right down the property line.

Timothy King said that’s not what I saw. I did not see it sitting under six inches of water.

The Borough Administrator said well when I was there I did. Mr. Cristaldi and I along with one of the experts out of his office from Mount Holly, I think it was about almost two years ago when this issue came up we walked the entire length of the drainage starting up on DuPont Avenue walking through Makemoney Avenue all the way down through Evergreen Avenue getting in whatever yards that we got permission to go in taking things all the way down to the post brook going down past the dam all the way down past the borough garage right down to Union Avenue to where it enters lower twin lakes. Basically based on what the State Department of Environmental Protection regulations are we were told that the only thing that we could do is make sure that the drainage area stays clear and we do this every winter is go through, have the road department go in and take out any trees that have fallen any debris, anything that is not natural down to the stream bed because you can’t touch the stream bed based on Department of Environmental Protection. And we were told that is the only thing that we could do and which we do. The post brook takes a lot of drainage. It takes the drainage off of Ringwood Avenue, it takes the drainage that comes from Sixth Avenue to Fifth Avenue behind the post office. When it’s flooding on Park Avenue it’s also flooding back in you’re area it’s flooding back on DuPont Avenue it’s flooding back on Makemoney Avenue because it’s all controlled by the level of the post brook and the post brook level is controlled by the level of lower twin lakes. If you look at the elevations of the area it’s all basically flat and that’s part of the other problem that we have with drainage was that you can’t get the water out fast enough.

Timothy King said how long ago would you say that you and Mr. Cristaldi walked the length of that brook from DuPont Avenue down to lower twin lakes.

The Borough Administrator said about two years ago I think.

Timothy King said I did the same trek that you did about three weeks ago and I saw that brook loaded with fallen trees, branches and things that you described that don’t belong there. And as you say you did that I mean my trek down that post brook was pretty difficult now I’m a relatively pretty fit young man and I was huffing and puffing in an exhaustive state trying to get from one end of that brook where you started down towards by the borough garage.

The Borough Engineer said I’m just trying to find out what you’re driving at. Do you think you are going to eliminate the flooding of the post brook.

Timothy King said if the water standing in the road has got somewhere to go my issue is more specially is the storm drains being clogged. Of course water is going to stand when it’s got nowhere to go. But if they are clear maybe it’s got a shot of going somewhere. But when I wake up in the morning on Christmas Eve and I’ve got fifteen inches of water in my house because of a clogged storm drain that’s a big problem for me. I pay my taxes. I’m entitled to have my stormwater managed. Whether you tell me it’s a flow issue or not some of the other things you have told me there’s no money in the budget for this, things of that nature. It’s just a round about constant excuses I’m getting why this can’t be done, generally just can’t be done was what you first told me. You said that Harry Hirshman lived there for thirty years you’ve had many conversations with him and you told him the same thing it can’t be done. He served this Council for a number years. Nothing has been done. How many more excuses are we going to have to be met with before there’s larger exposure. I don’t want to do that, you don’t want to do that. What is it going to take for me to get some sort of resolution to this other than to tell me it can’t be done. If there’s no money in the budget now what do I need to do to get money in the budget for next year for this to be done. You’re talking about US Aluminum site option three of the new municipal complex but we’re still going to go ahead and put seventy thousand dollars towards a study there. Well that’s money that could go towards something like this or some other measure in town. If that is option three why are we going to waste seventy thousand dollars on doing a study on an area that is our third choice right now.

The Borough Engineer said when your property flooded was it a localized flooding or was it after a bad storm where the whole brook was flooded.

Timothy King said the brook never comes over those banks. I’ve never seen it come over those banks. It’s always from the storm drains being clogged.

The Borough Engineer said that whole brook, if you look at the flood insurance map and those things were probably done in the fifties, that’s a flood plain.

Timothy King said I have flood insurance, I’m well aware of that. My house sits four inches below the lowest bench mark which is on Makemoney Avenue. I’ve had an elevation survey done.

The Borough Engineer said we’re probably never going to be able to eliminate that as a flood plain.

Timothy King said what am I going to do jack my house up four inches. That’s my only other option.

The Borough Engineer said it seems like you’re driving at you want to get rid of the flood plain.

Timothy King said no. I want the water to drain just like it drains by your house and everybody else’s house.

The Borough Engineer said that’s why I was asking you was it a local flood or was it a bad storm when you got flooded.

Timothy King said I’m sorry I didn’t copy you on my letter. But any rain storm that yields more than an inch of rain, I get almost a foot of standing water in front of my house. Anything over an inch, standing water. I mean that’s not a lot of rain.

The Borough Engineer said you do have to understand that you’ve got all the run of the brook.

Timothy King said I’ve lived on that street, with all due respect, for twenty eight years. I’m well aware of how that street outlet is and how it’s layed out. I’ve lived there almost my whole life. I’m well aware of it. So if you could tell me I don’t understand how the road drains that’s not how it is.

The Borough Administrator said we have put the letter out to the property owner.

Timothy King saisd which you know is going to go nowhere.

The Borough Administrator said but that is our first attempt. I will speak to Mr. Fiorello tomorrow with regards to your letter in more detail and ask him to get back to the Council in writing what the options are with regards to prescriptive easement, condemnation, whatever means would be necessary in order to enter onto that property. Then once the Council has that, and we’ll have it on the agenda for next month, the Council can make a decision as to which direction they want to go. Hopefully the property owner will be cooperative. One of the other things I can ask, with the Councils permission, is for the Borough Engineer to go out and take a look as to whether or not putting a pipe on the other side on Mr. Hirshmans’ property that might be the easier way to go.

Timothy King said Harry would give you the green light without a problem.

The Borough Administrator said so if the Council agrees that might be the thing to do. Keeping in mind, assuming we can do that, then we have to fund it and we’re looking at the time frame to get DEP permits but there would be a light at the end of the tunnel. So that’s what I would recommend. We’ll put it on the agenda for next month and we’ll have an answer.

Timothy King said so I’ll follow up with you and Mr. Fiorello tomorrow morning.

The Borough Administrator said I will follow up with Mr. Fiorello tomorrow. This is what’s going to happen. Mr. Cristaldi is going to go out and take a look to see whether or not if there is going to be enough pitch, the first thing I need to do is to talk to Mr. Hirshman to go on to his property to see whether or not there is enough pitch to get from the cul-de-sac through Mr. Hirshman’s property to the brook.

The Borough Engineer said does the flow go that way now.

The Borough Administrator said it’s supposed to because of the pipe that was there. However it is pretty flat. Even if you get a one percent pitch that at least gets some water moving and then look at the options of elliptical pipe or whatever else we could do there but it’s all going to be based on what the elevations are.

Timothy King said one of the things you had mentioned in the past in one of our numerous conversations the way that pipe is situated now that when run off comes down that brook that pipe which ties the three and four together acts as a tributary and in one of our conversations you said at times it could act as the water will flow up through that. Is there a way when we redo this pipe if we can get to that point that we can put some sort of value that would prevent water from coming up it.

The Borough Administrator said I would have to again defer to the Borough Engineer.

The Borough Engineer said see that’s a problem because what happens when you’re flooding downstream that water wants to seek it’s own level and it floods the entire area. Now you want to block it and force it downstream.

Timothy King said no not block it. So water can only go through one way.

The Borough Administrator said I’m not familiar with any type of check valve so to speak.

Timothy King said that’s what I was looking for.

The Borough Administrator said I have never seen in my experience a check valve on that type of drainage.

Timothy said okay. Sounds good.

John Maiello, 26 Rhinesmith Avenue, Wanaque said Tom you’re very well versed in the Highlands. If let’s say you should make a swap right now I know that Mr. McNerney would have to meet all the Highlands specifications would you have to meet the same specifications there or are you exempt like the schools.

The Borough Administrator said I believe we are exempt.

John Maiello said that’s what I thought.

The Borough Administrator said because I went to the first Highlands meeting, because at that time the State was going to require us to go for full Highlands approvals for every municipal project including road work and that’s how we got exempt. .

John Maiello said I knew the answer. Now if you make this part of the town center from Cross Street all the way up to Stephens both would be exempt is that correct.

The Borough Administrator said if it is designated a center I believe it would be.

William Holt, 8319 Warren’s Way, Wanaque said speaking of storm drains a good number of meetings ago I had asked if the Engineer here could look at the storm drain that’s opposite 815 Ringwood Avenue. At which time I was told that I would have to go to the County to raise any issues regarding that because it’s a County road there and I copied Tom on my email to the County and their response which included the statement that all of the erosion that has occurred there is an existing situation. Now I’m not a lawyer or anything but it sounds like they were trying to not take any responsibility for all of the erosion that has occurred on that bank. And there is a tremendous amount of erosion to the point that their storm drain pipe sticks out about ten feet into the air and I’m sure it didn’t stick out that far when it was originally installed and I can’t believe that pipe is legal or to code. So again I’m back to asking if there isn’t something the Borough can do to at least make sure it’s evaluated and when the road gets rebuilt maybe they can reconstruct the side of the hill there that’s been eroded away. I just ask you to at least be aware of all the erosion that’s occurred there. Thank you.

Jerry Lyons, 93 Bergen Avenue, Haskell said are they going to rebuild the road by the candle factory there. They put a lot of pipes in before the winter and then they dug it up about two weeks ago and there are some pretty big potholes there. Are they going to do it soon do you know because there are pretty big dips there and if you don’t see it at night.

The Mayor said they are supposed to refinish the road when they’re done.

The Borough Administrator said I’ll have them dress it up in the meantime.

Jerry Lyons said thank you.

Paul Ferrantino, 8323 Warren’s Way, Wanaque said if this swap goes through and you’re continuing with the study on the Aluminum factory and you find that it’s contaminated soil at that point we’re not buying the Aluminum factory can you force them to clean this up.

The Mayor said yes.

Paul Ferrantino said you can. Is that what will happen.

The Mayor said the report will go to the Department of Environmental Protection and they will be responsible for cleaning it up to whatever the applicable clean up rate is for the Department of Environmental Protection.

Paul Ferrantino said so that’s a definite plan that if you don’t go there you’ll at least get them to clean it up.

The Mayor said if we find pollutions there.

Paul Ferrantino said thank you.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Resolution #114-0-08:

Re: Approve Agreement – Valley Health Medical Group – Drug and Alcohol Testing

BE IT RESOLVED that the Borough Administrator is authorized to execute an agreement with Valley Health Medical Group, 15 Essex Road, Suite 504, Paramus, N.J. to provide drug and alcohol testing services to the Borough of Wanaque for a period of two (2) years, expiring on July 10, 2010.

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in accounts 8-CU-01-132-229 and 8-WP-02-050-225.

Resolution #115-0-08:

Re: Temporary Emergency Appropriation

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

WHEREAS, an emergent condition has arisen with respect to the adoption of the 2008 Municipal Budget and N.J.S.A. 40A:4-20 provides for an emergency temporary appropriation until the adoption of the 2008 Municipal Budget; and

WHEREAS, the total Temporary Budget including this Resolution will total $3,058,471.60;

NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of N.J.S.A. 40A:4-20 a temporary appropriation be made for the 2008 Temporary Budget in the amount of $203,898.11;

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

Resolution #116-0-08:

Re: Award Contract – 2008 Ford Super Duty 350 Truck – Water Department

BE IT RESOLVED that a contract be awarded to Warnock Fleet, 175 Route 10, East Hanover, N.J. for the purchase of (1) 2008 Ford Super Duty, F350, 4WD, REG CAB 137” XL with options for a total of $31,246.84 for the Water Department; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 7-WP-02-0251-292 and 7-WP-02-050-245.

Resolution #117-0-08:

Re: Amend 2008 Salary Resolution

BE IT RESOLVED that the 2008 Salary Resolution be amended as follows:

Effective July 1, 2008

Jeffrey Brusco, Construction Code Official $70,375.00

Resolution #125-0-08:

Re: Progress Payment #2 – Applied Landscape Technologies – Addice Park/

Wanaque School Reconstruction in the amount of $153,100.00

BE IT RESOLVED that payment be made to Applied Landscape Technologies, Inc. for Progress Payment #2 – Addice Park/Wanaque School Reconstruction in the amount of $153,100.50.

On entertainment of the Mayor, Councilmen Theoharous and Balunis 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 June 2008 ‑ NONE.

4. Municipal Court Report for June 2008 ‑

5. Welfare Report for June 2008 - NONE.

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

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

___________________________

Daniel Mahler

Mayor

Engineer:

The Borough Engineer reported on the water main replacement on Ringwood Avenue – permit fee $100.00 – Authorize submittal of the highlands permit – water permit for the Borough Administrator to sign. Punch list to be finished of items – First Aid Squad parking lot – repairs where it’s done – seal coat the whole lot and restripe it – will eventually need to be replaced - $4,500.00.

Attorney:

The Borough Attorney was absent.

Administrator:

The Borough Administrator reported on starting the budget preparations for next year. Lights down at Back Beach – call to make sure lights are off at Back Beach when done down there. All the lamps to be replaced within the next two weeks. Golden Age parking handicapped spaces – meet with them in the next two weeks.

COMMUNICATIONS:

Letter from Timothy King:

Re: 31 Evergreen Avenue, Haskell

Held.

NEW BUSINESS:

Letter from Ruth Kreloff, White Road, Ringwood:

Re: Refund of $400.00 deposit for Block 423, Lot 8 – Sale of Property

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

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

Letter of resignation from Michael O’Hanlon, Wanaque Board of Adjustment Member:

On entertainment of the Mayor, Councilwoman Cisco and Councilman O’Connell moved a motion to approve the aforementioned resignation.

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

Liquor License Hearing:

Re: Phoenix Club, 1093 Ringwood Avenue, Haskell and 815 Ringwood Avenue

Realty, LLC

Held.

Closed Session:

Re: Litigation/Negotiation/Personnel

Held prior to the meeting.

UNFINISHED BUSINESS:

Wanaque Valley Regional Sewerage Authority Status:

No change. The State Comptroller to look into it.

Authorize the Borough Attorney to prepare a contract for the purchase of the US

Aluminum property:

Advertising on the Haskell Water Tank:

The Borough Administrator said there is nothing new to report on.

Status of US Aluminum Investigation:

Reviewing what was filed with the Department of Environmental Protection so that there are no surprises. No samples taken yet and did a site visit or site investigation.

2008/2009 Liquor License Renewals – Resolution #118-0-08:

Re: 1) Berta’s Chateau, Inc., 2) Roar of the Crowd

On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved that,

BE IT RESOLVED, that the Mayor and Council of the Borough of Wanaque do hereby approve through this Resolution the following Liquor License Renewals for the year 2008/2009:

1. Santina and Peter Berta, Inc. - t/a Berta’s Chateau

2. DMN Horizons LLC – t/a Roar of the Crowd

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

Authorize the Borough Attorney to respond to the Fennelly Lawsuit:

On entertainment of the Mayor, Councilwoman Cisco and Councilman Balunis moved a motion to authorize the Borough Attorney to respond to the Fennelly Lawsuit.

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

RESOLUTIONS:

Resolution #119-0-08:

Re: Award Bid – Haskell Firehouse Addition (HOLD)

Held.

Resolution #120-0-08:

Re: Award Bid – Vehicle Maintenance

On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved that,

WHEREAS, the Borough of Wanaque advertised for and received bids on July 8, 2008 for vehicle maintenance services from the following bidders:

Superior Auto Repair $1179 per month

Roberts Automotive $1200 per month

and,

WHEREAS, the Borough Administrator has received said bids, and finds that the bid of Superior Auto Repair is the lowest responsive and responsible bid.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk be and are herby authorized and directed to execute a contract with Superior Auto Repair, 400 Union Avenue, Haskell, N.J. in accordance with the bid submitted in the amount of $1179 per month for a period of 24 months, commencing August 1, 2008; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account #7-CU-01-124-261.

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

Resolution #121-0-08:

Re: Professional Services – Redevelopment Study (Midvale, Fourth Avenue,

Union Court, Union Avenue – North)

On entertainment of the Mayor, Councilmen Theoharous and O’Connell moved that,

WHEREAS, Article VIII, Section III of the Constitution of the State of New Jersey establishes that the clearance, planning, development or redevelopment of certain areas of the State of New Jersey shall be a public purpose and further that municipal, public or private corporations may be authorized by law to undertake such development and redevelopment, and

WHEREAS, the Legislature of the State of New Jersey has adopted a comprehensive set of redevelopment laws, the centerpiece of which is the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.), allowing for the substantial improvement to, and turnaround of, underutilized, unused, fragmented, deteriorated and generally blighted properties through the careful design, writing, and implementation of local redevelopment plans, and

WHEREAS, the State of New Jersey Development and Redevelopment Plan encourages smart growth principles to be observed and applied in the State, specifically in those areas either previously developed or designated for development, and

WHEREAS, among the purposes of such redevelopment plans authorizing the planning, zoning, acquisition, clearance, reconstruction, rehabilitation and redevelopment of such local areas is to promote the public health, safety, morals and welfare and to stimulate the proper growth in the following areas of the Borough of Wanaque:

Midvale Avenue-Cross Street to Stevens Avenue.

Second Avenue/Fourth Avenue, Haskell

Union Court, Haskell

Union Avenue, Haskell

and,

WHEREAS, the primary goals of the Borough of Wanaque redevelopment effort is to improve the quality of life of Borough residents and improve the economic foundation of the Borough so that long term property tax stability is achieved for all Wanaque taxpayers, and

WHEREAS, in furtherance of the aforesaid purposes of redevelopment and to achieve the aforesaid goals, the Borough Council finds that redevelopment is desirable in the following areas of the Borough of Wanaque:

Cross Street to Stevens Avenue.

Second Avenue/Fourth Avenue, Haskell

Union Court, Haskell

Union Avenue, Haskell

and,

WHEREAS, it appears that within this general area there exists property (land), buildings or other improvements which, by reason of faulty arrangement of design, deleterious land use, obsolescence or obsolete layout or other factors, have remained vacant, stagnant, unproductive, under-utilized and undervalued and may be detrimental to the safety, health, morals or welfare of the Borough of Wanaque,

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque, Passaic County, New Jersey, pursuant to N.J.S.A. 40A:12A-1et seq., that the Planning Board is hereby authorized and directed to undertake a preliminary investigation to determine whether the property in the proposed redevelopment area, a portion of Blocks 220, 231, 232, 400, 432, 435 & 477 is a redevelopment area in accordance with the criteria set forth in N.J.S.A. 40A-12A-5, and

BE IT FURTHER RESOLVED that the Planning Board shall conduct a public hearing respecting the proposed redevelopment area that being specifically,

Midvale

Block, 231, Lots 5, 5.01, 7, 8, 9, 10 & 11

Block, 232, Lots 8, 9, 10, 13, & 14

Block, 220, Lots 3, 4 & 11

Haskell Second Avenue – Fourth Avenue

Block, 432, Lots 34, 35, 37 & 37.01

Block, 435, Lots 1, 2, 3, 4, 5, 5.01, 12, 13, 14,

14.01, 15, 16, 17 & 18

Union Avenue

Block, 400, Lots 8, 9, 9.01, 11, 11.01, 11.02, 12 & 13

Union Court

Block, 477, Lots 1, 2, 2.01, 2.02, 2.03, 3, 4, 4.01, 4.02 & 4.03

after public notice in accordance with N.J.S.A. 40A:12A-6 and, after completing its hearing and deliberation, the Wanaque Planning Board shall submit a recommendation to the Borough Council whether the delineated area, or any part thereof, be or not be determined to be a redevelopment area.

BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to engage Benecke Economics to assist the Planning Board in its’ deliberations on this matter, provided that said sum not exceed $20,500.

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in account 8-CU-01-119-286, 287 & 288.

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

Resolution #122-0-08:

Re: Approve Submission of Preliminary Assessment Report to the office of

Smart Growth

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

WHEREAS, the State Planning Act recognizes that New Jersey requires sound and integrated land use planning and coordination of planning at all levels of government in order to conserve the state’s natural resources, revitalize the urban centers, protect the quality of the environment, and provide needed housing and adequate public services at a reasonable cost while promoting beneficial economic growth, development and renewal; and

WHEREAS, Plan Endorsement is a voluntary review process developed by the State Planning Commission to provide the technical assistance and coordination of the State for municipalities, counties, and regional agencies to meet the goals of the State Planning Act and State Development and Redevelopment Plan (State Plan); and

WHEREAS, the purpose of the Plan Endorsement process is to increase the degree of consistency among municipal, county, regional and state agency plans with each other and with the State Plan and to facilitate the implementation of these plans and guide where and how development and redevelopment can be accommodated with the State Plan; and

WHEREAS, the State Planning Rules and Plan Endorsement Guidelines incorporate, and expand upon, the principles of the Municipal Land Use Law in order to help towns plan for a sustainable future; and

WHEREAS, the State Planning Rules and Plan Endorsement Guidelines require the preparation and submission of a Municipal Self-Assessment Report as the means by which a municipality assesses the consistency of its existing community vision and planning documents with the State Plan; and

WHEREAS, the Mayor and Council of the Borough of Wanaque desire to obtain Plan Endorsement from the State Planning Commission; and

WHEREAS, the Borough of Wanaque has prepared a Municipal Self-Assessment Report pursuant to the State Planning Rules and Plan Endorsement Guidelines; and

WHEREAS, the Municipal Plan Endorsement Advisory Committee has reviewed the Municipal Self-Assessment Report and recommends that the Mayor and Council approve it for submission to the State Planning Commission and the Office of Smart Growth towards the Borough of Wanaque’s pursuit of Plan Endorsement.

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of Wanaque hereby expressly state the intention of the Borough of Wanaque to pursue Plan Endorsement by the State Planning Commission; and

NOW THEREFORE BE IT FURTHER RESOLVED that the Mayor and Council of the Borough of Wanaque approves the Municipal Self-Assessment Report and authorizes it be submitted to the Office of Smart Growth for consideration and review as part of the effort to pursue Plan Endorsement.

NOW THEREFORE BE IT FURTHER RESOLVED that the Clerk of the Borough of Wanaque shall transmit a copy of this Resolution and the Notice as required by the State Planning Rules to the State Planning Commission and the Office of Smart Growth.

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

Resolution #123-0-08:

Re: Grant Application – New Jersey Highlands Council

On entertainment of the Mayor, Councilmen O’Connell and Balunis moved that,

WHEREAS, the Borough of Wanaque lies in both the Highlands planning area and preservation area; and

WHEREAS, the Highlands Council has grant funding available for investigating certain needs under the Highlands Protection Law; and

WHEREAS, the Borough of Wanaque wishes to begin the process of complying with the Highlands Protection Law.

NOW, THEREFORE, BE IT RESOLVED that the Borough Administrator be and is hereby authorized and directed to prepare and submit an application to the Highlands Council for a $15,000 grant to prepare for the process of Highlands compliance.

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

Resolution #126-0-08:

Re: Tax Levy Waiver Application

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

WHEREAS, the Governing Body of the Borough of Wanaque in the County of Passaic desires to make application to the Local Finance Board for its approval of a proposed levy waiver pursuant to N.J.S.A. 40A:4-45.46 and,

WHEREAS, the Governing Body believes that:

(a) it is in the public interest to accomplish such purpose; and,

(b) the levy waiver is for the health, wealth, convenience or betterment of the inhabitants of the Borough of Wanaque; and,

(c) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Borough of Wanaque and will not create an undue financial burden to be placed upon the Borough of Wanaque;

_____________________________________ NOW THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Wanaque as follows:

Section 1. The application to the Local Finance Board is hereby approved, and the Chief Financial Officer, along with other representatives of the Borough of Wanaque are hereby authorized to prepare such application and to represent the Borough of Wanaque in matters pertaining thereto.

Section 2. The Municipal Clerk of the Borough of Wanaque is hereby directed to

file a copy of the proposed surplus, levy waiver with the Local Finance Board as part of such application.

Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

Recorded Vote

AYE:

NO:

ABSTAIN:

ABSENT:

Certification:

The foregoing is a true copy of a resolution adopted by the Governing Body of the Borough of Wanaque on July 14, 2008.

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

Resolution #127-0-08:

Re: Authorize Assignment of Payment re: Scuffy’s Carting

On entertainment of the Mayor, Councilmen Balunis and O’Connell moved that,

WHEREAS, the Borough of Wanaque has awarded contracts to Scuffy’s Carting, LLC for garbage collection and for recycling collection; and

WHEREAS, Scuffy’s Carting has presented the Borough with a “Notification of Assignment” to assign its accounts and contracts receivable to Interstate Capital Corporation; and

WHEREAS, this is solely the assignment of the payments for services rendered by Scuffy’s Carting and not an assignment of the contracts or services under the contracts.

NOW, THEREFORE, BE IT RESOLVED that the Borough Administrator be and he is authorized to execute the “Notification of Assignment” on behalf of the Interstate Capital Corporation.

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

Resolution #128-0-08:

Re: Reject Bids for the Haskell Firehouse

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

WHEREAS, the Borough of Wanaque advertised for and received bids on July 9, 2008 for the addition to the Haskell Firehouse; and

WHEREAS, the lowest bid of $270,500 exceeded the budgeted amount of $200,000; and

WHEREAS, up further review of the plans, it was found that revising the drawings would be more economical to the Borough.

NOW, THEREFORE, BE IT RESOLVED that the bids for the addition to the Haskell Firehouse be and are hereby rejected, and that the Borough Administrator be and is hereby authorized and directed to have new plans and specifications prepared and re-advertise the project for bid.

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

Resolution #129-0-08:

Re: Approve Four (4) Day work week for non-essential Borough Hall employees

from July 21, 2008 to August 29, 2008

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

WHEREAS, there has been a significant increase in the cost of electricity which is putting a strain on Municipal Budgets; and

WHEREAS, a number of communities have implemented a four-day work week for certain Municipal employees, and it is felt that such a program will be a savings to taxpayers during the summer months; and

WHEREAS, the affected Municipal employees will continue to work the same number of hours per week; and

WHEREAS, the affected employees have agreed to this schedule from July 21 through August 29^th.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council hereby establish the work hours for non-emergency employees in the Municipal Building from July 21, 2008 through August 29, 2008 as 8:00 a.m. to 5:15 p.m. with one-half hour for lunch.

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

Resolution #130-0-08:

Re: Authorize submission of Highlands Permit

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

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

FINANCE REPORT:

Councilman Balunis 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 $ 62.76

CURRENT 2008 379,960.13

CURRENT PREPAID 16,492.25

WATER OPERATING 2008 53,616.54

WATER PREPAID 49.56

GENERAL CAPITAL 4,950.00

WATER CAPITAL 9,030.90

WATER INFRASTRUCTURE 5,869.94

ESCROW BOOKKEEPER 2,852.40

PUBLIC ASSISTANCE 8,349.00

RECREATION TRUST 1,084.00

ANIMAL TRUST 34.80

OPEN SPACE __ 74.92 ___

TOTAL VOUCHERS $482,427.20

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

APPROVED: July 14, 2008

___________________________

Daniel Mahler

Mayor

Payrolls:

Councilmen Balunis and O’Connell moved a resolution approving the following payrolls:

Payroll #12 p/e 06/13/08 $190,032.81

Payroll #13 p/e 06/27/08 $187,851.38

Payroll #14 p/e 07/11/08 $190,142.51_

Payroll Total $568,026.70

GRAND TOTAL $1,050,453.90

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

APPROVED: July 14, 2008

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Daniel Mahler

Mayor

ADJOURNMENT:

On entertainment of the Mayor, Councilmen O’Connell and Balunis moved a motion to adjourn the meeting.

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:25 P.M.

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Katherine J. Falone, RMC, CMC

Municipal Clerk