MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

 

MINUTES

 

Regular Meeting

April 14, 2008

 

 

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, April 14, 2008, 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.  Councilman Theoharous was absent.  The Mayor declared a quorum.  The Borough Engineer was present.  The Borough Attorney was absent.  The Municipal Clerk was absent. 

 

The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 2, 2008, and a notice thereof has been posted on January 2, 2008 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.

 

MINUTES:

 

Regular Meeting of March 10, 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.

 

ORDINANCES:

 

   Public Hearing of Ord. #2-0-08:

     Re:  Dissolution of Wanaque Valley Regional Sewerage Authority

 

            Held.   

 

   Public Hearing of Ord. #7-0-08:

     Re:  Bond Ordinance – Improvement of the Water Supply and Distribution System –

             Ringwood Avenue Project

            

            On entertainment of the Mayor, Councilman O’Connell and Councilwoman Cisco moved a motion that Ordinance #7-0-08 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:  BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (RINGWOOD AVENUE PROJECT) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $2,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,904,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

 

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

 

The Mayor opened the Public Hearing.

 

            Dave DaSilva, 108 Monroe Street, Haskell said are we receiving any aid from the County, State or anybody in reference to this project.

            The Borough Administator said we have put an application in to the federal government through Senators Lautenberg, Menandez and Congressman Garrett for a one million dollar federal grant but there are no other monies out there.

            Dave DaSilva, 108 Monroe Street, Haskell said do we share any costs with the County with common services while these projects are going on while they’re digging it up and paving it.

            The Borough Administrator said the water main is all ours.  The County does not share any of those costs.  When we do the road reconstruction that’s a shared agreement with the County.

            Dave DaSilva said okay thanks.

 

            Bruce Lyons, 84 Burnside Place, Haskell will they put sidewalks in with that improvement.

            The Mayor said well this is just for the water main.

            Bruce Lyons said but won’t the sidewalks be involved in that.

            The Mayor said the reason we’re doing the water main now is we have to do it before the County reconstructs the road which will be the following year and they’re going to do the road, curbs and sidewalk.    

            Bruce Lyons said because Ringwood Avenue north going up to Lakeland the sidewalks are pretty beat up.

            The Mayor said this is the first phase because you have to do what’s under the roadway before you do the roadway.

            Bruce Lyons said okay thanks.   

 

            The Mayor closed the Public Hearing.

 

Councilmen Pasquariello and O’Connell moved that,

 

            BE IT RESOLVED that an Ordinance entitled:  BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (RINGWOOD AVENUE PROJECT) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $2,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,904,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and

BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

 

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

 

   Public Hearing of Ord. #8-0-08:

     Re:  Bond Ordinance – Purchase of US Aluminum Property

 

            The Borough Administrator said Mayor I need a motion to table them to the next meeting because the public hearing has already been scheduled so we have to re-advertise it for the public hearing for next month.  So I need a motion to table.

            The Mayor said we don’t have a motion to table the sewer authority ordinance.  Any reason for that.

            The Borough Administrator said we tabled it to an unspecified date at prior months.  This with being a funding ordinance with a bond we have to make sure that we have to do this month to month in order that there is a record as far as the advertisement goes.

            The Mayor said so the motion should be to table it until we’re ready to vote on it and then we’ll re-advertise it.

            The Borough Administrator said it’s got to be to a specific date.  We should do it month to month.  

 

            On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to table Ordinance #8-0-08 to the May 12, 2008 meeting.

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

 

   Public Hearing of Ord. #9-0-08:

     Re:  Index Rate Ordinance

 

            On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved a motion that Ordinance #9-0-08 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:  CALENDAR

YEAR

2008 - ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14).

 

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

 

The Mayor opened the Public Hearing.

            No one came forward.

            The Mayor closed the Public Hearing.

 

Councilmen O’Connell and Balunis moved that,

 

BE IT RESOLVED that an Ordinance entitled:  CALENDAR

YEAR

2008 - ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) pass 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.

 

            The Borough Administrator said Mayor before we go on to the Budget since we are in Ordinances to address the funding of the study on US Aluminum.  What I’m recommending is that first the Council consider a resolution canceling $75,000.00 from Ordinance #21-0-06, that was the Ordinance for the Rainbow Valley Lake Dam.  Cancel that amount to capital surplus and then consider another ordinance appropriating the $75,000.00 from capital surplus to fund the environmental investigation of US Aluminum.

            The Mayor asked an ordinance or resolution.

            The Borough Administrator that has to be done by ordinance.  Then what I would suggest is that when we do the temporary emergency appropriation we add $75,000.00 to the road department budget temporary and I will appropriate it out of there for the time being.  

 

   Resolution #84-0-08:

     Re:  Cancelling $75,000.00 from Ordinance #21-0-06 to Capital Surplus

 

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

 

WHEREAS, the following General Capital appropriation balances remain unexpended:

 

Ordinance #21-0-06                $75,000.00

 

WHEREAS, it is necessary to formally cancel said balances 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 $75,000.00 be canceled to Capital  Surplus.

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

 

   Introduction of Ordinance #10-0-08:

     Re:  Ordinance appropriating $75,000 from Capital Surplus to find an environmental

             investigation of the US Aluminum property

 

            On entertainment of the Mayor, Councilman O’Connell and Balunis moved that Ordinance #10-0-08 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 $75,000.00 FROM CAPITAL SURPLUS TO FUND AN ENVIRONMENTAL INVESTIGATION OF THE US ALUMINUM PROPERTY.

 

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

 

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE

APPROPRIATING $75,000.00 FROM  CAPITAL SURPLUS TO FUND AN ENVIRONMENTAL INVESTIGATION OF THE US ALUMINUM PROPERTY

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 12th day of May 2008, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and

BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

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

 

PUBLIC HEARING OF THE 2008 CURRENT AND WATER UTILITY BUDGET:

 

            The Mayor opened the public hearing on the 2008 budget.

 

            Dave DaSilva, 108 Monroe Street, Haskell said last year we discussed the possibility of publishing the budget on the Borough Website.  Have we made any progress with that.

            The Mayor said what’s up with that Tom.

            The Borough Administator said honestly I didn’t put it up.  If you want a copy of it we’ll be more than happy to give you a copy of it.  

            Dave DaSilva said is the detailed budget available to the public.

            The Borough Administrator said yes.

            Dave DaSilva read a prepared statement.

 

            The Mayor closed the public hearing on the 2008 budget.

 

            The Borough Administrator said Mayor the adoption of the budget needs to be held until the final numbers of State aid are delivered to the towns and also we’ve placed an application for extraordinary aid for $600,000.00 to the State that won’t be acted on until July at the earliest.  So we probably will not be adopting the Budget until at least July if not August. 

 

PUBLIC DISCUSSION:

 

            The Mayor opened the Public Discussion.

 

            Bruce Lyons, 84 Burnside Place, Haskell spoke about when Public Service comes through and they dig up the roads they throw a patch on there and it just sits and nothing has been done.  Are they just going to leave it and until the town decides to repave the roads again.

The Borough Administrator said most of the roads that Public Service has done that with we do require them to come in and pave to the center line, pave half the road.  However that’s usually done anywhere from six months to half a year to let the road settle.

Discussion followed regarding the roads.    

 

            Barbara Potash, 1115 Ringwood Avenue, Haskell spoke about the status of the redevelopment of the southern end of town.  When it will be heard before this Council.  I was of the impression it would be this month.

The Borough Administrator said I’ve had discussions with our Economic Development Consultant.  As you may be aware there have been several significant court cases that have come down over the last couple of months and rather than moving ahead he is analyzing the effects of those court cases before he makes a recommendations to the Council to move ahead on the properties that were recommended by the Planning Board.  So we’re doing our due diligence on that and not rushing into it.

Barbara Potash said so it will be a little while and we’ll be notified.

The Borough Administrator said yes everyone will be notified individually when that hearing is scheduled.

Discussion followed regarding the redevelopment.   

 

            Larry Montena, 1105 Ringwood Avenue, Haskell spoke about the redevelopment of the south end of Ringwood Avenue and the final report was submitted without looking at the facility and just for the record it’s been five months and he never came with a contract.  I just want you to know the story and I don’t want anyone to disparage my home or business. 

 

Victor Calabrese, 1111 Ringwood Avenue, Haskell asked about the nature of those court cases do they deal with eminent domain.

The Borough Administrator said yes they do.

Victor Calabrese said okay that’s all I wanted to know.

 

Dave DaSilva, 108 Monroe Street, Haskell asked about the status of the COAH application, the third round certification.

The Borough Administrator said as you are aware COAH has redone the rules and all of the 300 towns who submitted round three are going to have to redo them.  But it’s still up for COAH’s review as far as adopting the final rules they’ve changed the formula from one COAH unit for every eight units to one COAH unit for every four units.  So that’s all going to have to be addressed   We’re going to have to go through the whole process all over again.

Dave DaSilva said I still have a concern in reference to the last submittal you made to COAH in reference to your understanding of what the obligation of our town was versus their understanding.  I guess the magnitude of that’s going to change now, probably double.  So do you anticipate that your understanding of the obligation of Wanaque will be half that of, or actually less than half of what COAH believed was our obligation.

The Borough Administrator said I don’t have the numbers here in front of me and I’m not going to say whether it was half a quarter or double.

Dave DaSilva said here’s my concern.  We’re eating up more and more developable property within our town with this and that and at some point the State may say to us you no longer have protection under the certification and you’re going to be open to a builder’s indemnity lawsuit and we’re going to be in the same position that Bloomingdale is in right now where anywhere a builder wants, as long as they get highlands exemption, they can build anywhere and go as high as they want.  And I’m very concerned that with now you’re going to take the US Aluminum property and you’re thinking about a redevelopment of that entire area sometime this year.  Eventually there’s not going to be anything left and when we finally have to meet our obligation for COAH there’s not going to be anything acceptable to build on.

The Borough Administrator said I don’t want to get into a full COAH debate with you right now.  There are certain requirements as I understand under the law that by having the plan in place its providing the ability to meet doesn’t mean we have to meet  That’s why under round two we have what they call an unmet need..  That’s a whole discussion when Mr. Bernard comes up and we have the public hearing on the revised round three.

Dave DaSilva said have you heard anything about when that’s going to happen.

The Borough Administrator said I believe COAH’s round three rules are due to be adopted in June and then it will come down from there and then we’ll have a time frame as to when we have to resubmit.

Dave DaSilva said and we’ll have to go through the full expense of having the person do the report again.

The Borough Administrator said it will be a matter of updating, we’re not starting from scratch, it will be a matter of updating the report.

Dave DaSilva said can you give us an update on 815 Ringwood Avenue ABC application.

 

 

The Borough Administrator said Mr. Fiorello and I went to a hearing sometime in early March.  The licensee and her attorney did not appear.  Mr. Giunta appeared on behalf of the licensee, however since they are an LLC he could not represent them since he did not have a standing.  So there is another hearing scheduled for May 16th.

Dave DaSilva said as far as the Borough is concerned he is abiding by most of the requirements.

The Borough Administrator said as far as I am aware of yes.

Dave DaSilva said just a comment about the advertising on the Water Tank since I see this thing from my back yard.  I would be really concerned about changing it to a stark color, putting something ridiculous on there.

The Borough Administrator said this is just the working theory.  The tank is going to stay bluish green.  The color that it is or something that’s going to be neutral.  If we decide to do anything it’s going to be visible solely from 287 it would not be visible from the town.

DaveDaSilva said since we didn’t get a chance to question the gentleman from the environmental engineer, what I wanted to ask him was is it industry standard to trust the report of somebody in an adversarial situation the sellers report in this case.  I don’t necessarily know if we should trust the contents.

The Borough Administrator said we asked that question and that’s why a number of the firms that came in actually go in and review others work.  So this is an industry unto itself.  The scientific work there is a high degree of confidence in because they all meet a certain industry standard as to how they take the samples.  The analysis and the extent of the sampling and how they go about it, that’s where you may come up to question.

DaveDaSilva said here’s my concern.  If I was the owner of this property and I was trying to get rid of it and I knew there was contamination on the property and I hired an environmental consultant to come out and do a study for whatever reasons, I could say dig here don’t dig there.  And us as the buyer did not trust the fact that those locations were accurate and we may be suspicious of another location or our consultant is suspicious of another location and this gentleman is saying he’s not going to do any digging at this point.  I’m just a little concerned about that.

The Borough Administrator said we are going to have the right to go in and do the digging.

Discussion followed regarding the situation.                  

The Borough Administrator said let’s get the study done and understand what we have to deal with and then we can make those judgments from there.

Dave DaSilva said okay.

 

Barbara Potash, 1115 Ringwood Avenue, Haskell said I think I misunderstood Mr. Carroll you wanted to set up a meeting.

The Borough Administrator said yes what I said was I would set up a meeting with you, Mr. Montena and if Mr. Calabrese wants to come, with Mr. Benecke he’s the consultant that we have here so that you can talk to him in a small group setting.

Barbara Potash said or would it be more wise at this point to speak with maybe one or two of the council people instead of Mr. Benecke I think we all have a very bitter taste right now.

Administrator said we can include the Council committee in that meeting but Mr. Benecke is our consultant and I would feel more comfortable having him there.  He is our expert.

Barbara Potash said okay.

 

The Mayor closed Public Discussion.

                                                                                            

CONSENT AGENDA:

 

   Two (2) Applications for Raffle Licenses:

     Re:  1) Saint Francis of Assisi School – RA:686, 2) A.W.A.R.E. A.S.A.P. – RA:687

   

   Application for License to operate Amusement Machines:

     Re:  Kalari Liquors, LLC – Phoenix Club, 1093 Ringwood Avenue, Haskell

            (Approved by the Police Chief and Fire Official)

                          

   Resolution #73-0-08:

     Re:  Refund of overpayment of Taxes for 2007, 4th Quarter on Block 313.06, Lot 4.21

             in the amount of $4,309.03

 

WHEREAS, there exists a tax overpayment on the property listed herein for the fourth quarter of 2007:

 

BLOCK            LOT               AMOUNT

313.06               4.21               $4,309.03

 

WHEREAS, the owner has requested a refund of said overpayment;

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $4,309.03 as per the certification of the Tax Collector.

 

            On entertainment of the Mayor, Councilman Balunis 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 March 2008    NONE.

                                               

4.   Municipal Court Report for March 2008   

                                                                                               

5.   Welfare Report for March 2008  -  NONE.

 

On entertainment of the Mayor, Councilmen O’Connell and Pasquariello 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:

           

 

   Administrator:

 

                       

   Attorney:

           

            The Borough Attorney was absent.

 

COMMUNICATIONS:

 

   Letter from the Recreation Commission:

     Re:  By-Laws

           

NEW BUSINESS:

 

   Advertising on Haskell Water Tank:

           

   Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

            Held to the end of the meeting.

 

UNFINISHED BUSINESS:

 

  Glen Court Repairs:

 

   Wanaque Valley Regional Sewerage Authority Status:

 

            On entertainment of the Mayor, Councilmen Balunis and O’Connell moved a motion for the Borough Attorney to send letters to both towns.

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

 

 

 

   Board of Adjustment Status:

 

            On entertainment of the Mayor, Councilmen O’Connell and Balunis moved a motion to extend for six months.

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

 

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

   Aluminum property:

 

            On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion to approve the aforementioned authorization.

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

 

   Two Applications for Ice Cream Vendor Licenses:

     Re:  1) Siham Selim, 19 Skyland Avenue, Haskell, 2) John DeCrocker, Jr.,

             10 Brookside Heights, Wanaque

 

            Item 1 - Held.

 

            On entertainment of the Mayor, Councilmen O’Connell and Balunis moved a motion to approve the application for John DeCrocker, Jr.

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

 

   Resolution #71-0-08:

     Re:  Approve Recreation Commission By-Laws

 

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

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

 

RESOLUTIONS:

 

   Resolution #74-0-08:

     Re:  Temporary Emergency Appropriation

 

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

 

TEMPORARY EMERGENCY APPRROPRIATION

 

WHEREAS, an emergent condition has arisen with respect to 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 $2,650,675.38

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 #75-0-08:

     Re:  Professional Engineering Services – Laura Avenue – Phase II

 

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

 

            WHEREAS, on March 25, 2008 the  Borough of Wanaque announced through its official Municipal Website, www.wanaqueborough.com that it was soliciting proposals for Engineering services for the design of Laura Avenue Phase II under the “Fair and Open” provisions of N.J.S.A. 19:44A-20.4 et seq.; and

            WHEREAS, those proposals were received on April 8, 2008 by the Borough Administrator, who opened them and read them aloud; and

            WHEREAS,  proposals were received from the following:

            Alaimo Group

            RCC Design

            PS&S Group

            WHEREAS, upon review by the Borough Council it is agreed to award this professional service under the “Fair and Open” provisions of the law;

            NOW, THEREFORE, BE IT RESOLVED that the following professional appointments are made in accordance with N.J.S.A. 40A:11-5 et seq. and N.J.S.A. 19:44A-20.4 et seq.:

            Design and Construction Services for Laura Avenue Phase II – RCC Design, Inc., 76 Goshen Street, Paterson, NJ  in the amount of $38,100 in accordance with their proposal dated April 8, 2008; and

             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 #76-0-08:

     Re:  Professional Engineering Services – Ringwood Avenue – Phase III

           

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

WHEREAS, on March 25, 2008 the  Borough of Wanaque announced through its official Municipal Website, www.wanaqueborough.com that it was soliciting proposals for Engineering services for the design of Ringwood Avenue Phase III water main under the “Fair and Open” provisions of N.J.S.A. 19:44A-20.4 et seq.; and

 WHEREAS, those proposals were received on April 8, 2008 by the Borough Administrator, who opened them and read them aloud; and

            WHEREAS,  proposals were received from the following:

            Alaimo Group

            RCC Design

            PS&S Group

           WHEREAS, upon review by the Borough Council it is agreed to award this professional service under the “Fair and Open” provisions of the law;

NOW, THEREFORE, BE IT RESOLVED that the following professional appointment is made in accordance with N.J.S.A. 40A:11-5 et seq. and N.J.S.A. 19:44A-20.4 et seq.:

 Design and Construction Services for the Ringwood Avenue Water Main- $69,500 for design and $50,000 for construction supervision  in accordance with their proposal dated April 7, 2008 and further negotiaion; and

             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 #77-0-08:

     Re:  Professional Engineering Services – Haskell Tank Rehabilitation        

 

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

            WHEREAS, on March 25, 2008 the Borough of Wanaque announced through its official Municipal Website, www.wanaqueborough.com that it was soliciting proposals for Engineering services for the design of the rehabilitation of the Haskell Water Tank under the “Fair and Open” provisions of N.J.S.A. 19:44A-20.4 et seq.; and

WHEREAS, those proposals were received on April 8, 2008 by the Borough Administrator, who opened them and read them aloud; and

            WHEREAS,  proposals were received from the following:

            Alaimo Group

            RCC Design

            PS&S Group

            WHEREAS, upon review by the Borough Council it is agreed to award this professional service under the “Fair and Open” provisions of the law;

            NOW, THEREFORE, BE IT RESOLVED that the following professional appointment is made in accordance with N.J.S.A. 40A:11-5 et seq. and N.J.S.A. 19:44A-20.4 et seq.:

            Design and Construction Services for the rehabilitation of the Haskell Water Tank - $95,000  in accordance with their proposal dated April 7, 2008; and

             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 #78-0-08:

     Re: Award Bid – Addice Park/Wanaque School Renovations (Base Bid only –

           Alternates to be awarded in May)_

 

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

 

WHEREAS, the Borough of Wanaque advertised for and received bids for improvements to Addice Park and Wanaque School Fields on April 2, 2008 in accordance with N.J.S.A. 40A:11-1 et seq. “Local Public contracts Law” from the following:

 

 

                                                                        Total Bid

                                                                         Amount                       Alternate Number

 

 

1.   Applied Landscape Technologies, Inc.        $617,000.00                Alternate #1  -  $354,900.00

      P.O. Box 608                                                                                 Alternate #2  -  $  40,000.00

      Montville, New Jersey  07045                                            Alternate #3  -  $  51,000.00

                                                                                                            Alternate #4  -  $  69,600.00

                                                                                                            Alternate #5  -  $ 500.00 per

                                                                                                                                      cubic yard

TOTAL BASE PLUS ALTERNATES             1,132,500.00

 

 

2.   Andy-Matt, Inc.                                          $745,000.00              Alternate #1  -  $279,000.00

      Kenneth E. Flint, Operations Manager                                            Alternate #2  -  $  60,000.00

      19 Scrub Oak Road                                                                       Alternate #3  -  $  98,000.00

      Mine Hill, New Jersey  07803                                                        Alternate #4  -  $114,500.00

                                                                                                            Alternate #5  -  $ 400.00 per

                                                                                                                                       cubic yard

TOTAL BASE PLUS ALTERNATES             $1,296,500.00

 

 

3.   Let It Grow, Inc.                                         $790,000.00               Alternate #1  -  $434,933.00

      52 Ackerson Street                                                                        Alternate #2  -  $  35,000.00

      River Edge, New Jersey  07661                                                     Alternate #3  -  $  47,000.00

                                                                                                            Alternate #4  -  $  47,000.00

                                                                                                            Alternate #5  -  $  400.00 per

                                                                                                                                      cubic yard

TOTAL BASE PLUS ALTERNATES             $1,353,933.00

 

 

4.   TM Brennan Contractors                            $879,000.00                Alternate #1  -  $294,623.00

      3505 Route 94                                                                               Alternate #2  -  $  67,262.00

      Hamburg, New Jersey  07419                                                        Alternate #3  -  $  88,310.00

                                                                                                            Alternate #4  -  $105,258.00

                                                                                                            Alternate #5  -  $    46.00 per

                                                                                                                                      cubic yard

 

TOTAL BASE PLUS ALTERNATES $1,434,453.00

 

and;

            WHEREAS, upon review by the Borough Administrator and the consulting engineer it is determined that the bid of Applied Landscape Technologies, Inc. is the most responsive and responsible bid; and

            WHEREAS, this is a joint project with the Lakeland Regional High School Board of Education, which needs to approve funding of its portion of the alternate bids; and

            WHEREAS, the Borough of Wanaque wishes to proceed with the base bid, and reserve the right to award the alternates at a later date in accordance with the bid specification.

            NOW, THEREFORE, BE IT RESOLVED that a contract for the base bid of $617,000 for this project be awarded to Applied Landscape Technologies, Inc. P.O. Box 608, Montville, N.J. 07045; and

            BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account X-GC-03-347-201.

            BE IT FURTHER RESOLVED that the Borough reserves the right to award any and all alternate bids during the life of the contract in accordance with the specifications.

 

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

 

   Resolution #79-0-08:

     Re:  Professional Services – Engineering Study – US Aluminum

 

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

WHEREAS, on February 15, 2008 the  Borough of Wanaque announced through its official Municipal Website, www.wanaqueborough.com that it was soliciting proposals for Environmental Engineering services for the site investigation of the US Aluminum property under the “Fair and Open” provisions of N.J.S.A. 19:44A-20.4 et seq.; and

            WHEREAS, those proposals were received on March 13, 2008 by the Borough Clerk, who opened them and read them aloud; and

            WHEREAS,  proposals were received from the following:

            EAI, Inc; the Gibson Tarquini Group; LAN Associates; Potpomac-Hudson Environmental; Hammerhead Process Engineering and Environmental Services; Langan Services; Environmental Standards; Najarian Associates; Suburban Consulting Engineers; JM Sorge Inc. Environmental Consultants; and

           WHEREAS, upon review by the Buildings & Grounds Committee and their recommendation to the Borough Council, it is agreed to award this professional service under the “Fair and Open” provisions of the law;

           NOW, THEREFORE, BE IT RESOLVED that the following professional appointment is made in accordance with N.J.S.A. 40A:11-5 et seq. and N.J.S.A. 19:44A-20.4 et seq.:

JM Sorge Inc., Environmental Consultants, 54 Fourth Street, Somerville, NJ 08876 in an amount not to exceed $72,500  in accordance with their proposal dated March 12, 2008; and

            BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account X-GC-03-348-202;

            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 #80-0-08:

     Re:  Award Contract – Yard Waste Disposal

 

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

 

WHEREAS, the Borough of Wanaque solicited proposals for disposal of grass, leaves and yard waste, a material exempt from public bidding in accordance with N.J.S.A. 40A:11-5; and

            WHEREAS, proposals were received from the following:

 

Environmental Renewal             $16.50 delivered

                                                            $16.50 grass picked up

                                                            $10.00 leaves picked up

 

Grinnell                                     $9.72 delivered

                                                            $9.72 picked up

 

Nature’s Choice                                   $12.44 grass delivered

                                                            $ 9.44 leaves delivered

                                                            $ 9.44 leaves picked up

and;

            Upon review by the Borough Administrator, it was found that the proposal by Nature’s Choice Corporation is best in cost and operation for the Borough of Wanaque.

NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to Nature’s Choice Corporation, 1 Caven Point Avenue, Jersey City, N.J. 07305 at the price quoted above; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 8-CU-01-135-252.

 

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

 

   Resolution #81-0-08:

     Re:  Award Contract – Laura Avenue – Phase I

 

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

 

            WHEREAS, the Borough of Wanaque advertised for and received bids on April 9, 2008 for Laura Avenue Reconstruction-Phase I from the following bidders

 

                                    Name                                                      Amount

DLS Contracting                                              $590,799.00

English Paving                                       $691,917.57

Sanitary Construction                                        $510,561.00

4 Clean-Up, Inc.                                              $405,007.25

John Garcia Construction                                  $422,026.75

Rockborn Trucking & Excavation                     $606,659.50

Schlenley Construction                          $566,193.98

D.R. Mullen Construction                                 $424,541.05

Reivax Contracting                                           $411,517.35

and;

            WHEREAS, upon review by the Borough Administrator and the Borough Engineer it has been determined that the bid of 4 Clean-Up, Inc. is the most responsive and responsible bid.

            NOW, THEREFORE, BE IT RESOLVED that a contract for Laura Avenue Phase I Reconstruction be awarded to 4 Clean-Up, Inc. P.O. Box 5098, North Bergen New Jersey at the low bid price of $405,007.25.

            BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget accounts X-GC-03-343-201 ($179,500.) and X-GC-03-343-206 ($96,697.25) and Water Infrastructure Trust ($128,810. - Resolution #99-0-07).

 

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

 

   Resolution #82-0-08:

     Re:  Appoint Laborer – Road Department

 

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

 

            BE IT RESOLVED that Shane Riegler, 32 Lakeside Avenue, Haskell, N.J. be and he is appointed to the position of Laborer, Road Department, effective April 28, 2008 at an annual salary of $30,000 subject to passing a physical.

 

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

 

   Resolution #83-0-08:

     Re:  Appoint Laborer – Water Department

 

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

 

BE IT RESOLVED that Nathaniel Burgess, 43 Fredericks Street, Wanaque, N.J. be and he is appointed to the position of Laborer, Water Department, effective April 28, 2008 at an annual salary of $34,000 subject to passing a physical.

 

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

 

FINANCE REPORT:

           

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

 

            Vouchers:

 

CURRENT 2007                                                                         $  16,794.05

 

CURRENT 2008                                                                           236,463.94

 

CURRENT PRE-PAID                                                                     5,572.18

 

WATER OPERATING 2007                                                               577.40

 

WATER OPERATING 2008                                                          28,103.56

 

WATER PRE-PAID                                                                             995.77

 

GENERAL CAPITAL                                                                          581.25

 

WATER CAPITAL                                                                           2,008.50

 

ESCROW BOOKKEEPER                                                               1,379.16

 

PUBLIC ASSISTANCE                                                                    9,821.00

 

RECREATION TRUST                                                                     2,376.00

 

ANIMAL TRUST                                                                                   64.80

 

PERS PENSION CONTRIBUTION                                             136,159.20

 

PFRS PENSION CONTRIBUTION                                        __  434,511.00___  

 

                                                                  

                                                          TOTAL VOUCHERS         $858,777.81

 

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

APPROVED:  April 14, 2008

 

 

___________________________

                Daniel Mahler

                      Mayor

 

Payrolls:

           

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

                                   

                                    Payroll #06                   p/e 03/21/08                   $185,184.76

 

                                    Payroll #07                   p/e 04/04/08                   $189,387.35_

                                                                   

                                                                           Payroll Total               $374,572.11

 

                                                                     GRAND TOTAL           $1,233,349.92

 

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

APPROVED:  April 14, 2008

 

 

________________________________

                     Daniel Mahler

                           Mayor

 

 

NEW BUSINESS:

 

   Closed Session:

     Re:  Negotiations/Personnel/Litigation

 

            On entertainment of the Mayor, Councilman O’Connell 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)      Contract Negotiations, Personnel and Litigations.

3.      The Mayor and Council shall release and disclose to the general public the

discussion and actions taken on the subject matter of the above mentioned closed session when the reasons for discussing and acting on the matter in closed session no longer exist, but no later than one month of the Mayor and Council arriving at a final decision on the specified subject matter.

 

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

 

RECONVENEMENT:

 

            On entertainment of the Mayor, Councilman Pettet and Councilwoman Cisco 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 9:45 P.M.

 

 

________________________

            Thomas F. Carroll

            Borough Administrator