MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES
Regular Meeting
January 12, 2009

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, January 12, 2009, at 8:00 P.M. in the Wanaque Municipal Building.

The Mayor called the meeting to order.

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

The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 2, 2009, and a notice thereof has been posted on January 2, 2009 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.

PRESENTATION: By Police Chief – Eagle Scout – Timothy Kecherson – 7:00 P.M.

Held.

MINUTES:

Regular Meeting of December 8, 2008.
Special Business Meeting of December 29, 2008.
Re-Organization Meeting of January 1, 2009.

On entertainment of the Mayor, Councilman Theoharous and Balunis moved a motion to approve the aforementioned minutes.
On roll call, all voted yes, except Councilman Pasquariello who abstained on the December 29, 2008 meeting and the Mayor declared the motion carried.

ORDINANCES: None.

COMMITTEE REPORTS:

Councilman Balunis:

Councilman Balunis reported the Board of Education entered into a contract for janitorial services. It is estimated to save approximately two hundred thousand dollars in the first year. The veterans committee there is nothing new. The library board is working on their budget and should finalize it this month. The recreation meeting is this Wednesday and it will also be the re-organization meeting reappointing members. A resident Frank Potanka has medical bills piling up due to an illness and there will be a benefit dinner to help cover the medical bills. It will be a pasta dinner on Saturday, January 24th from 5:00 P.M. to 8:00 P.M. and there will be live entertainment donated by Renee the Wanaque Reserve Coordinator. Tickets are available now and at the door.

Councilwoman Cisco:

Councilwoman Cisco reported the welfare board met on January 6th. Claire Kressaty was re-appointed and was administered the Oath of Office. There was a speaker from the County present regarding a program. The next meeting is May 12th. The first aid squad met and there are major projects to be undertaken and a new ambulance is coming. The squad is up to thirty three members now. There were six hundred seventy six calls in 2008. The Board of Adjustment did not meet. They cancelled the meeting and the next meeting is February 4th.

Councilman O’Connell:

Councilman O’Connell reported the committee met for designs for the municipal building. Committee meeting January 28th. The Mayor to send a letter to Pompton Lakes, Bloomingdale for shared services. The road department is looking to purchase a new truck. The Mayor met with Tom and Rick and it is in the budget for 2008. It should be available in two to three weeks. Recommendation is to approve the truck purchase.

Councilman Pasquariello:

Councilman Pasquariello reported the shared services committee is not meeting yet. The police are doing well.

Councilman Pettet:

Councilman Pettet said I have no report.

Councilman Theoharous:

Councilman Theoharous reported the new fire truck is ready.
Councilwoman Cisco said when will it be ready.
Councilman Theoharous said it should be here next month.

Administrator:

The Borough Administrator went over the items on the agenda. We added two resolutions. The road department is keeping up with the storms we’ve been having and putting in long hours.
Councilman O’Connell said is the truck coming with the plow.
The Borough Administrator said the plow and sander will be separate.

Engineer:

The Engineer reported on the application to the Highlands for the Water Main Extension Waiver needs a resolution authorizing the Administrator to execute the application.

Attorney:

The Borough Attorney was absent.

CONSENT AGENDA:

Resolution #26-0-09:
Re: Redemption of Tax Lien Certificate #08-00184 for Block 437, Lot 1.01 to JN Properties in the amount of $5,571.05

WHEREAS, a Tax Sale was held for 2007 delinquent Municipal charges on October 29, 2008, and
WHEREAS, JN Properties was the successful bidder for Block 437 Lot 1.01 for which Tax Sale Certificate #08-00184 was assigned, and
WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $5,571.05 as per the certification of the Tax Collector.

Resolution #27-0-09:
Re: Refund of 2008 4th Quarter overpayments for Block 311, Lot 5 in the amount of $167.32 and for Block 414, Lot 44 in the amount of $1,460.32 for a total refund of $1,627.64

WHEREAS, there exists tax overpayments on the properties listed herein for the fourth quarter of 2008:

BLOCK LOT AMOUNT
414 44 $1460.32
311 5 $167.32

WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $1,627.64 as per the certification of the Tax Collector.

Resolution #28-0-09:
Re: Budgetary Transfers

Be It Resolved By the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2008 Local Municipal Budget be approved:
Be It Further Resolved that the proper Borough Officers are hereby directed to enter the said transfers on the financial records of the Borough:

FROM TO

8-CU-01-099-132 $10,000.00 8-CU-01-132-299 $10,000.00
DPW S&W DPW O.E.

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

REGULAR REPORTS - PROFESSIONAL REPORTS:

1. Clerk's Receipts NONE.

2. Police Department Report - NONE.

3. Tax Collector's Report for December 2008 NONE.

4. Municipal Court Report for December 2008

5. Welfare Report for December 2008 - NONE.

On entertainment of the Mayor, Councilmen O’Connell 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
May
or

COMMUNICATIONS: None.

NEW BUSINESS:

Closed Session:
Re: Litigation / Negotiation / Personnel

Held to the end of the meeting.

UNFINISHED BUSINESS:

Status of US Aluminum Investigation:

There are investigations still going on for the site.

RESOLUTIONS:

Resolution #25-0-09:
Re: Appointment of Borough Attorney and COAH Planner

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

WHEREAS, on December 1, 2008 the Borough of Wanaque announced through its official Municipal Website, http://www.wanaqueborough.com that it was soliciting proposals for various professional services under the “Fair and Open” provisions of N.J.S.A. 19:44A-20.4 et seq; and
WHEREAS, those proposals were received on December 18, 2008 by the Borough Administrator, who opened them and read them aloud; and
WHEREAS, upon review by the Borough Council it is agreed to make certain appointments under the “Fair and Open” provisions of the law;
NOW, THEREFORE, BE IT RESOLVED that the following professional appointments are made for the year 2009 in accordance with N.J.S.A.40A:11-5 et seq. and N.J.S.A. 19:44A-20.4 et seq.:

Borough Attorney: Anthony Fiorello, Esq.
Borough COAH Planner: Art Bernard

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available;
BE IT FURTHER RESOLVED that a copy of this Resolution shall be published in the Suburban Trends as required by Law.

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

Resolution #29-0-09:
Re: Payment to 4 Clean Up, Inc. for Laura Avenue Improvements – Phase I – Current Estimate No. 4 and Final in the amount of $8,831.11

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

BE IT RESOLVED that payment be made to 4 Clean Up, Inc. for Laura Avenue Improvements – Phase I - Current Estimate No. 4 and Final in the amount of $8,831.11 in accordance with the Borough Engineers letter dated December 24, 2008.

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

Resolution #30-0-09:
Re: Approve Settlement Agreement – Fennelly vs. Borough of Wanaque

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

WHEREAS, William Fennelly and Mary Francis Fennelly, commenced an action against the Board of Health of the Borough of Wanaque and the Borough of Wanaque approval to construct a well and sanitary septic system on property owned by them at 6 Oak Street, Wanaque, Passaic County, New Jersey and more particularly known as Block 425, Lots 13 & 14 ; and
WHEREAS, the said plaintiff’s, had previously commenced an action against the Board of Adjustment which had denied permission to construct a dwelling on said premises, and were successful therein, and;
WHEREAS, in the instant action, plaintiff’s, have obtained permission to construct a well within 100 feet, of their proposed septic system in accordance with N.J.A.C. 7:9(d)-2.9 and 7:9(d)-2.10, in that in case the well, to a minimum depth of 20 feet into unweathered rock, and;
WHEREAS, the N.J.D.E.P. has heretofore issued an approval for the construction of the well on the premises, subject to the conditions set forth hereinabove, and;
WHEREAS, it is in the best interests of the Borough of Wanaque, to settle the litigation entering into a Consent Order,
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque, County of Passaic and State of New Jersey as follows:
1. The Borough of Wanaque is hereby authorized to enter into a settlement in the above litigation, in the form annexed hereto and made a part hereof as Exhibit “A”.
2. The Borough Attorney is hereby authorized to execute and enter into the settlement on behalf of the Borough of Wanaque, and to advise the Court thereof and thus, by the same, terminate the litigation.

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

Resolution #31-0-09:
Re: Appointment of Crossing Guard – Renee Militello, 10 Elm Street, Butler

On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved
that,
BE IT RESOLVED that Renee Militello, 10 Elm Street, Butler, New Jersey 07405 be and she is hereby appointed as a Crossing Guard at a rate of $18.04 per hour effective immediately.

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

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion to authorize the Borough Administrator to execute the application to Highlands for the Water Main Extension.
On roll call, all voted yes, and the Mayor declared the motion carried.

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

Sandy Lawson, 28 Haskell Avenue, Haskell said the payment to Applied Landscape is that open space monies.
The Borough Administrator said the landscape and sod are.
Sandy Lawson said regarding the crossing guard that was injured on Ringwood Avenue the speed limit there is thirty five and it used to be thirty could it maybe be lowered to twenty five.
The Borough Administrator said I will speak with Steve Edmond the County Engineer on Wednesday and see what’s involved.
Sandy Lawson said it’s important for school children walking along Ringwood Avenue and also the businesses.
The Borough Administrator said we will review it with the County Engineer on Wednesday.

Timothy King, 31 Evergreen Avenue, Haskell said I spoke with the Borough Administrator and what is the update on the status of the flooding.
The Borough Administrator said looking to do a road program and possibly install dry wells and that should give some relief but no cure all. Looked at the detention system and the water table is too shallow in the area. The best course is at Saint George Place.
Timothy King said can you do anything with the storm drain.
The Borough Administrator said the pipe is higher than the storm drain. It can possibly be done when the road program is done. You can only move the water so much in a floodplain. The Department of Environmental Protection and Highlands would probably look at the pipe regardless of what we do. Could be part of the road program in 2009 when Evergreen Avenue gets done.

Bonnie Davis and Cheryl Davis, 14 Second Avenue, Haskell said what is the status of the letter sent to Arrow regarding the water shooting off the roof. Did you get a response back. When are they doing the construction.
The Borough Administrator said we got approval in 2008 and they did not file permits.
Bonnie Davis said the road program for Evergreen Avenue can it be done for Second Avenue also.
The Borough Administrator said we are looking at what areas need to be done and make the most sense.
The Mayor said PSE&G dug up the streets in the area by Lakeside Avenue and maybe we can get them to do something.
Bonnie Davis said we have a letter from 2001 from Tom which has work that was to be done.
The Borough Administrator said we plan to put drainage on Fourth Avenue and Decker Road. The water ran on and we’ll try to collect the water and take care of that section. The work in the letter was done.
Bonnie Davis said nothing seems to significantly help. What will be done this year we don’t want to wait until Spring.
The Borough Administrator said maybe the detention drywell boxes will work in that area. It’s not one hundred percent failsafe but it will give you something to help. The lowest point of the boxes has to be higher than the pipe. We’ll look at elevations and the water table. We’ll check with the water department tomorrow.
Bonnie Davis said to do something with Arrow to get their permission would it be a problem.
The Borough Administrator said it would be easier to put it behind the curb.
Bonnie Davis said how long does it take to make the drywells.
The Borough Administrator said they are actually pre-fab like the septic system.
The Mayor said we’ll see what the engineer cost is and if it is feasible.
Bonnie Davis said what would be the time frame once it gets approved.
The Mayor said we’ll speak to them this week and see.

The Mayor closed Public Discussion.

FINANCE REPORT:

Councilman Pettet said your Finance Committee respectfully reports that they have examined and approved the following and recommend that warrants be issued for their payment when the funds of the Borough of Wanaque are sufficient to meet them.

Payrolls:

Councilmen Pettet and Pasquariello moved a resolution approving the following payrolls:

Payroll #01 p/e 01/09/09 $251,211.09_

Payroll Total $251,211.09

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: January 12, 2009

________________________________
Daniel Mahler
Mayor

NEW BUSINESS:

Closed Session:
Re: Negotiations / Personnel / Litigation

On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco 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) Negotiations, Purchase of property.
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 Pasquariello and Pettet moved a motion to reconvene.
On roll call, all were present.

ADJOURNMENT:

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

____________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk