MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES
Regular Meeting
September 8, 2008

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, September 8, 2008, at 10:30 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, Pettet and Theoharous. Councilman Pasquariello was absent. The Mayor declared a quorum. The Borough Attorney and Engineer were present. The Borough Administrator 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 August 11, 2008.

On entertainment of the Mayor, Councilman Theoharous and O’Connell moved a motion to approve the aforementioned minutes.
On roll call, all voted yes, and the Mayor declared the motion carried.

PUBLIC HEARING AND ADOPTION OF 2008 CURRENT AND WATER UTILITY BUDGET:
Resolution #136-0-08 and Resolution #137-0-08

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

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2008. It is hereby certified that the Budget and Capital Budget annexed hereto and hereby made a part hereof is a true copy of the Budget and Capital Budget approved by resolution of the Governing Body on the 10th day of March, 2008 and that public advertisement will be made in accordance with the provisions of N.J.S. 40A:4-6 and N.J.A.C. 5:30-4.4(d). Certified by me, this 8th day of September, 2008, Katherine J. Falone, Clerk. It is hereby certified that the approved Budget annexed hereto and hereby made a part is an exact copy of the original on file with the Clerk of the Governing Body, that all additions are correct, all statements contained herein are in proof and the total of anticipated revenues equals the total of appropriations. Certified by me, this 8th day of September, 2008, Charles J. Ferraioli, Jr., Registered Municipal Accountant, Certified by me, this 8th day of September, 2008, Mary Ann Brindisi, Chief Financial Officer.

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

Councilmen Pasquariello and Fiorito moved that,

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2008:
BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2008;
BE IT FURTHER RESOLVED, that said Budget be published by summary only in the Suburban Trends in the issue of March 30, 2008;
The Governing Body of the Borough of Wanaque does hereby approve the following as the Budget for the year 2008:

RECORDED VOTE: Ayes: Balunis Nays: NONE
Cisco
O’Connell Abstained: NONE
Pasquariello
Pettet Absent: Theoharous

Notice is hereby given that the Budget and Tax Resolution was approved by the Governing Body of the Borough of Wanaque, County of Passaic, on March 10, 2008.
A Hearing on the Budget and Tax Resolution will be held at the Municipal Building, on April 14, 2008 at 8:00 P.M. at which time and place objections to said Budget and Tax Resolution for the year 2008 may be presented by taxpayers or other interested persons.

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

On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved a motion to table Ordinances #2-0-08, #8-0-08 and #10-0-08 to the October 6, 2008 meeting.
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. #8-0-08:
Re: Bond Ordinance – Purchase of US Aluminum Property

Held.

Public Hearing of Ord. #20-0-08:
Re: Appropriating $21,000.00 from the Capital Improvement Fund to finance
The appraisal of certain real properties for possible acquisition

On entertainment of the Mayor, Councilmen Theoharous and O’Connell moved a motion that Ordinance #20-0-08 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 APPROPRIATING $21,000.00 FROM THE CAPITAL IMPROVEMENT FUND TO FINANCE THE APPRAISAL OF CERTAIN REAL PROPERTIES FOR POSSIBLE ACQUISITION.

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 how many properties are we looking to get the appraisal of.
The Mayor said six properties.
Dave DaSilva do you know the total land size of all of them together.
The Mayor said not exactly. The properties are this property, the borough owned property here, the property on the Rhinesmith property, the Post property, there is a single family house north of the Rhinesmith property there is a tanning salon north of that and then there is the Chinese restaurant north of that they are the six.
Dave DaSilva said you have no idea how many acres, an estimate.
The Mayor said not exactly.
Dave DaSilva said is that something I can get from Tom possibly.
Councilwoman Cisco said yes you can because I asked him the same question and he knew it.
Dave DaSilva said okay thank you.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque said have you picked an appraiser yet to appraise these properties you appropriated $21,000.00 for them to be appraised.
The Mayor said I believe we chose an appraiser at the last meeting.
The Borough Attorney said Mr. Holzhauer. We pretty much use him on our tax appeals he is a certified appraiser.
Grace said do you know when this will be available.
The Mayor said hopefully we’ll have it by the next council meeting but I’m not sure.
John Maiello, 26 Rhinesmith Avenue, Wanaque said is this individual an MIA.
The Mayor he is a certified appraiser. He is a CTA SGREA.
The Borough Attorney said he is not an MIA.
Grace Maiello said okay thank you.

The Mayor closed the Public Hearing.

Councilmen Theoharous and Pettet moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $21,000.00 FROM THE CAPITAL IMPROVEMENT FUND TO FINANCE THE APPRAISAL OF CERTAIN REAL PROPERTIES FOR POSSIBLE ACQUISITION 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 DISCUSSION:

The Mayor opened the Public Discussion.

Dave DaSilva, 108 Monroe Street, Haskell said what is the current status of our plans with US Aluminum.
The Mayor said as discussed at the work session they’re on hold.
Dave DaSilva said we still have the memorandum of understanding but we haven’t thought about this since last month.
The Borough Attorney said we’ve had an exchange of communication concerning our understanding and there has been work done on the preliminary contract between the two and it has gone through several ammendations. We have input from our environmental firm that we hired and we’ve gotten some certain language and some comments from him of language to be inserted into the contract and we have special counsel who has also looked at the contract and recommended further ammendations to it. I don’t know if the Council has seen those. I have seen them because I have reviewed them and called the Borough Administrator with my opinion with respect to this. So I don’t think that contract has come back here for us to review. It is just in the stage of being prepared.
Dave DaSilva said and I think the way we left it last month it was our plan as a Borough to keep the property in our control I think was your word Mr. Mayor even though we don’t plan on building the town hall there.
The Mayor said that is true we’re still negotiating a contract and if we decide we are going to go to the Rhinesmith property site and we are going to do a redevelopment there then we will assign that contract to a redeveloper.
Dave said the Aluminum site.
The Mayor said yes.
Dave DaSilva said and there has been no further discussions about the property swap with Mr. McNerney because I understand he has an application before the board of adjustment and they keep carrying it I guess because there is something going on with the property swap.
The Mayor said I assume he’s carrying it because he doesn’t know the status of the property swap yet because we haven’t done the appraisals. And he’s carrying it until that time.
Dave DaSilva said do you know the current status of the Mar Del Manor property.
The Mayor said I understand someone has purchased it and is putting in a similar facility.
Dave DaSilva said I think I brought this up the last time are we looking at getting some COAH credits for that facility. It would be nice if we could get a couple of credits here and there.
The Mayor said we’ll take a look into that. I know Tom addressed the issue.
Dave DaSilva said what is our position on the 815liquor license and carrying it from month to month with no one showing up.
The Borough Attorney said it was on last month they requested an adjournment through their attorney because they wanted some discovery. They are entitled to due process, they are entitled to know what the charges are. The charges were alleged against them for three violations. One is by having a person working there who is not on their list the second one was another formality type of violation in not posting the list and the third one is for purchasing alcohol at a non sanctioned place. The attorney was provided with a copy of that discovery, her request for an adjournment was accommodated to give her time to prepare. I don’t see her here. When it comes time for it to be acted on the agenda I will make a recommendation to the Council concerning their license. The Council will deliberate I’m sure concerning what they can do. You could suspend the license. This is a first offense I don’t know that you would want to revoke it without the chance of a lawsuit and overturning it by alcoholic beverage control. One of the concerns that we had we tried hard to keep the license operating we tried to keep the facility open and not go through another pocket license. You can certainly suspend their license for a period that may be appropriate they can convert that suspension into a money fine. They do that by petitioning the alcoholic beverage control they open their books and records to see how much money they made, what their expenses are and what their intake is and then the alcoholic beverage control will convert the period of suspension into a fine. They may be overjoyed to have a suspension. That remains to be seen. They are actively marketing the premises. I think the Council’s feeling was it was more marketable to a real active restauranteur or operator with the license in tact as opposed to a revocation or the elimination of a license.
The Mayor said did she change her attorney.
The Borough Attorney said the attorney sent a strange letter that says I have not been retained to represent them but I want discovery on their behalf. I replied it’s strange that you want discovery if you are not the attorney of record but I’ll give it to you. So they were noticed to be here, they’re not here and the governing body will take appropriate action.
Dave DaSilva said one of my concerns back when you granted the extension a few months ago you came up with a set of rules and one is the chain across the driveway in the front which was a big concern of mine because if somebody goes in there on a motorcycle or a child on a bicycle they could get hurt.
The Borough Attorney said we raised that issue. When we imposed those regulations last year they petitioned to the administrative law courts to set aside those regulations. We went before the administrative law judge and the regulations that we imposed have to have some residence into the operation of a liquor license. The judge was of the opinion that did not. Also the applicant produced a letter from their insurance agent saying that as a condition for issuing the insurance policy they wanted that there so nobody would come on to the premises. He claimed, the first time we went to the hearing Mr. Guinta appeared and I objected to his appearance because it was a corporation and he would need to appear with an attorney and he was not an owner and not authorized to speak on behalf of the owner the owner being his sister so the second hearing was with his sister and an attorney in presence and they tried to eliminate a number of those conditions and they succeeded in eliminating one but at the same time we succeeded in adding two more to the list. One is get the truck out from in the middle of the parking lot and put it in the back and two get that construction equipment off the property it doesn’t belong there. In addition to the ones that we resolved we added two more and the court indicated they would not support the chain.
Dave DaSilva said so now it’s off the table.
The Borough Attorney said it was off the table by judicial determination I shouldn’t say determination because the judge didn’t rule on it she held a mediation session.
Councilman Balunis asked if he is allowed to put the chain up when he is closed.
The Borough Attorney said yes obviously he can’t put it up when he is open. That’s been a problem. He had a pocket license for two years and then got three special rulings from abc to extend that license. We were down to the last minute and the county was requiring them to do certain things and he was determined to try to keep the license. I think the feeling was the place has been up for sale and the subject of alleged contracts that have fallen through one way or the other. But it’s a better facility I think for the Borough if it has a license attached to it because without it, it could not make it when it had a license I don’t know what they’re going to do if they don’t have a license it’s a big facility.
The Mayor said if the license expires it goes away forever. Because the State many years ago passed a law that you can have so many licenses per number of individuals.
The Borough Attorney said I think we’re entitled to one or two licenses. You can’t put it within a certain distance of a church or a school so the licenses are going to be on Ringwood Avenue you’re hard pressed to find a place that is not a house of worship or a school. We’ve had a couple of licenses expire because they couldn’t be sold. The ruling later on this evening will be concerning those allegations. We kept our detective on call but with no party being here we will just do it on the basis of the reports of incidents.
Dave DaSilva said you mentioned that there was really no status update on the sewer authority and you tabled the hearing today to dissolve it. Have you made any in roads with the State comptroller in reference to reviewing it.
The Mayor said I know Tom has made additional phone calls down there to get them to start moving on it but they haven’t. They said they are looking into it but they haven’t done anything yet.
Dave DaSilva said last month I brought up the closed session minutes and what was actually being recorded you told me that we weren’t actually recording them on to the audio system. Did anyone look into exactly what is being written down.
The Borough Attorney said the clerk asked me for an opinion and as you know when I read the resolution we keep matters in closed session and we report the matters for when the reason for keeping them in closed session no longer exist so there are a lot of items that we’ve talked about in closed session especially with respect to acquisition of properties and strategies that we don’t want to disclose at this point in time because we need to negotiate them. There is some advice that we have got from attorneys concerning options that really haven’t been decided upon yet so when those matters have been decided within thirty days they are public. So I wrote back or called her or left a message publish those parts of closed session for those items that are no longer in need of confidentiality.
Dave DaSilva said my concern was that it not say discussion regarding real property, discussion regarding US Aluminum that there is actual details like we have for the public session. If I requested the records for the pulte properties and you went into closed session to discuss that am I going to see discussion regarding pulte properties or am I going to see Councilman Mahler said this, Councilman Pettet said this.
The Borough Attorney said you’re going to see minutes that the clerk has taken whose responsibility is to keep accurate minutes. Minutes don’t need to say everything that took place they need to say motion was made or discussion was had along this line you don’t have official action.
Dave DaSilva said it’s your legal opinion that is in compliance with the open public meetings act.
The Borough Attorney said when I last checked the taking of written minutes need not be as comprehensive of those taken by recording. I won’t venture an opinion without looking as to whether you need to take those type of minutes whether you have the tape on and have those detailed minutes. I don’t know. Something in my mind is haunting me saying you may have to but I’m not sure.
Dave DaSilva said I will ask again next month so if you could let me know.
The Borough Attorney said sure I’ll be happy to.

John Maiello, 26 Rhinesmith Avenue, Wanaque said regarding 815 Ringwood Avenue we’re in a catch twenty two with this. If you do away with this license that piece of property is useless to us.
The Borough Attorney said I don’t think the recommendation is going to be to do away with the license.
John Maiello said when you said we could suspend the license, if we lose that license we’re only allowed so many for the town we already have too many so once we lose it we’ll never get it back.
The Borough Attorney said I don’t agree we have too many. We have more than what ordinarily is allotted to us.
John Maiello said the Aluminum factory you said that a developer is going to buy it. Is that Mr. Falciglia.
The Borough Attorney said no. What has happened is the Borough of Wanaque is formulating a contract with US Aluminum to buy the property but the latest ammendation of that contract provides that the Borough of Wanaque can and is entitled to assign that contract to a redeveloper. No redeveloper has been chosen, we don’t even know if we’re going to buy the site. We’re not even sure at this point if we’re going to sign the contract. But the contract end from my perspective has not been finalized but it does have a provision that it allows an assignment of it to a redevelopment agency.
John Maiello said my personal opinion is if this does go through with the swap and everything else and you’re holding off on it let anybody that wants to buy it to redevelop it why should we invest two million dollars.
The Borough Attorney said part of the problem is it’s like playing cards if all of our cards are exposed that’s why we go into private session it takes away some bargaining position. Why would we spend “x” amount of dollars if we can get somebody to pony up the money as a redeveloper. That’s theoretical I’m not talking about this project.
John Maiello said that’s why they’re postponing the Rhinesmith property at the Board of Adjustment it’s been put off until January I believe. They want to see what’s going to happen with that. I can understand that. I don’t want thirty units here but maybe we can regulate something on that. My personal opinion again let’s not invest any money in one of the properties that we’re not going to use.

Bill Holt, 8319 Warrens Way, Wanaque said do we have an estimate what it cost to reconstruct the ball field infield that gets washed away when it floods out at Warren Hagstrom Boulevard.
The Mayor said how much of it got flooded away this weekend. I didn’t see it over there.
Bill Holt said it needs a lot of work. In any case if it’s of any significant amount I would like to propose that we start the process of trying to get approval to divert the water around the infield. There will still be just as much flow it just wouldn’t have to go across the infield of the ball field where you are constantly going to have to rebuild the infield. That’s just a suggestion. In addition to advertising on the water tank is there something else in the works to go up there.
The Mayor said we do have cell antennas there for a number of different providers. But that’s already existing there.
Bill Holts said so it’s not new buildings or anything constructed. I thought I heard that there was a provision for allowing some buildings to be constructed.
The Borough Attorney said the only buildings that were constructed in connection with the antenna that are on there is a small control building that was put up when a number of years ago when we had our first telecommunications company lease it. It’s a very small building where they put their equipment. Something tells me that we were going to refurbish one of the water tanks. That may be what you are hearing.
The Mayor said that’s the tank we’re refurbishing.
Bill Holt said if there are leases that are going to be given out to put additional equipment on the cell tower, there is a tower there right.
The Mayor said no there’s an antenna on the water tower.
Bill Holt said there isn’t a separate pole.
The Mayor said no.
Discussion followed regarding the cell site.
Bill Holt said the Borough has put out offers for additional leases. There was an advertisement in the newspaper a couple of weeks ago. What is the advertisement for.
The Municipal Clerk said there is a bid opening on September 30th for Cellular Communications Site located on the Haskell Tank.
Bill Holt said has there been an analysis done as to how big a building we would need for a new building with what a footprint might be or square footage.
The Mayor said there was a needs assessment done. I don’t know if they’ve released that.
Councilman O’Connell said we’ve met with the Engineer and we’ve had some unanswered questions and we had some questions that we brought up and he’s going to re-draw it up and hopefully we’ll sit down with him in the next couple of weeks and hopefully have a detailed package for October for the Borough Hall and the Police headquarters.
Bill Holt said that would be a rough estimate of footprint.
Councilman O’Connell said we went through the rough stages already there are two separate plans he’s going to draw out and hopefully we’ll have an actual number of what the footprints will be.
Bill Holt said and that will include parking and stuff like that
Councilman O’Connell said absolutely.
Bill Holt said okay thank you.

John Maiello, 26 Rhinesmith Avenue, Wanaque said I see down by where Pizza one is when they went before the Board of Adjustment she wanted some things and they said they weren’t going to give her anything until she had dressed the place up and she did a beautiful job. You are going around telling people to clean up their lots and you’ve got a disaster here a parking lot for the cars, rocks, everything and you haven’t done anything to address this just because you’re going to sell it this building or trade it. It looks like crap in plain english. You have different criteria for citizens and yourselves and I disagree with that.
Councilwoman Cisco said and I personally take an offense to that.
Councilman Theoharous said that makes two of us.

The Mayor closed Public Discussion.

CONSENT AGENDA:

Four (4) Applications for Raffles Licenses:
Re: Lakeland ChoraleAssociation RA:694, RA:695 and RA:696, 2) Wanaque
First Aid Squad Auxiliary – RA:697

Application for Bingo License:
Re: Wanaque First Aid Squad Auxiliary – BA:184

Membership Application:
Re: Wanaque Borough Fire Department – Joseph Bettio – Company #1 effective
Immediately pending physical examination results
Resolution #138-0-08:
Re: Refund of overpayment of Tax for 2008 – 3rd Quarter on Block 311, Lot 19 in
The amount of $1,256.86 and Block 468, Lot 3.01 in the amount of $4,471.99

WHEREAS, there exists a tax overpayment on the property listed herein for the third quarter of 2008:

BLOCK LOT AMOUNT
311 19 $1256.86
468 3.01 $4471.99

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $5,728.85 as per the certification of the Tax Collector.

Resolution #139-0-08:
Re: Refund of overpayment of Tax for 2008 – 2nd Quarter from Homestead Rebate in
the amount of $1,386.04

WHEREAS, there exists a tax overpayment on the property listed herein for the second quarter of 2008 due to the Homestead Rebate:

BLOCK LOT AMOUNT
310 14 $1386.04

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $1386.04 as per the certification of the Tax Collector.

Resolution #140-0-08:
Re: Payment to 4 Clean-Up, Inc. for Current Estimate No. 2 – Laura Avenue Improvements – Phase I in the amount of $147,155.62

BE IT RESOLVED that payment be made to 4 Clean-Up, Inc. for the Laura Avenue Improvements – Phase I – Current Estimate No. 2 in the amount of $147,155.62 in accordance with the Borough Engineers letter dated August 26, 2008.

Resolution #141-0-08:
Re: Payment to Applied Landscape Technologies for Progress Payment #3 – Addice
Park Improvements in the amount of $425,687.50

BE IT RESOLVED that payment be made to Applied Landscape Technologies for Addice Park – Payment No. 3 in the amount of $425,687.50.

Resolution #142-0-08:
Re: Payment to John Garcia Construction Co., Inc. for Current Estimate No. 5 and
Final – Change Order No. 3 – Whistler Place in the amount of $14,232.81

BE IT RESOLVED that payment be made to John Garcia Construction Co., Inc. for the Whistler Place Reconstruction approving Current Estimate No. 5 and Final and Change Order No. 3 in the amount of $14,232.81 in accordance with the Borough Engineers letter dated August 28, 2008.

Resolution #143-0-08:
Re: Oppose Senate S-1455 – Consolidation of Tax Assessors

A RESOLUTION OF THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC AND STATE OF NEW JERSEY OPPOSING SENATE BILL.1455

WHEREAS, Senate Bill 1455 calls for a referendum to send municipal functions
And services such as tax assessor, municipal tax collector, municipal health services and municipal animal control services to the County level; and
WHEREAS, Senate Bill 1455 does not give the municipality any option if the
County voters cast a majority to consolidate, it becomes binding on all municipalities in the County; and
WHEREAS, consolidation would cause unnecessary hardship on citizens who
rely on the municipal tax office for information and assistance, for example: community’s senior citizens who depend on tax offices for assistance in completing tax freeze and rebate forms; residents who need local assistance on emergent basis for animal control will have to contact the County offices in Paterson for assistance; residents that want to review and discuss their tax assessments will no longer have the ability to review such information in Town Hall, they will likely have to travel to the County Tax Board office in Wayne; and
WHEREAS, without a proper study there is no proof that consolidation will save
any public money and while such familiarity with local services will no longer be provided to residents, the costs of such services will likely just be added to the County portion of residents’ tax bills; and
WHEREAS, Senate Bill 1455 calls for a “master plan” for the consolidation of tax assessment and tax collection functions after enactment of the proposal thus failing to provide voters with a factual basis on which to make a decision on the referendum; and
WHEREAS, current State Statutes place responsibility for tax assessment and tax
collection at the local level to provide residents with such services and information; and
WHEREAS, it is the municipalities’ responsibility to collect all property taxes due and distribute same to the other taxing authorities, as well as enforcing awe as to delinquencies, review assessments, senior applications, disability applications and changes in assessments.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque, County of Passaic, State of New Jersey that for the reasons set forth in this Resolution, the Borough does hereby oppose the passage and enactment of Senate Bill 1455 as it does not provide any proof of cost savings and it will diminish accessible services to residents.
BE IT FURTHER RESOLVED that the Borough of Wanaque shall direct the
Borough Administrator to transmit a copy of this Resolution to Governor Jon Corzine, Senate President Richard Codey, Senator Ronald Rice, Chairman of the Community and Urban Affairs Committee and to the representatives for the Borough of Wanaque in the State Assembly and State Senate.

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

REGULAR REPORTS - PROFESSIONAL REPORTS:

1. Clerk's Receipts NONE.

2. Police Department Report - NONE.

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

4. Municipal Court Report for August 2008

5. Welfare Report for August 2008 - NONE.

On entertainment of the Mayor, Councilmen Theoharous and O’Connell 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 items on the agenda.

Administrator:

The Borough Administrator was absent.

Attorney:

The Borough Attorney reported on items on the agenda.

COMMUNICATIONS: None.

NEW BUSINESS:

Letter from Bald Eagle Urban Renewal at Wanaque LLC:
Re: Request for refund of $200.00 Bond for Road Repair to Doty Road

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

October Work and Regular Meetings – October 6, 2008 – Work Meeting 7:00 P.M.
And Regular Meeting 8:00 P.M.

Closed Session:
Re: Litigation/Negotiation/Personnel

None.

UNFINISHED BUSINESS:

Wanaque Valley Regional Sewerage Authority Status:

No change in the status.

Advertising on the Haskell Water Tank:

No change in the status.

Status of US Aluminum Investigation:

Previously discussed.

Haskell Firehouse Status:

Evergreen Avenue Drainage:

Norman Court Drainage:

Liquor License Hearing:
Re: 815 Ringwood Avenue Realty, LLC

The Borough Attorney said members of the Governing Body you are now sitting and acting as the agency of the division of alcoholic beverage control in connection with a license issued to 815 Ringwood Avenue, Haskell, New Jersey on April 19, 2008 Officer Lee Smith who is assigned by the Chief of Police to monitor licensees who distribute alcohol or sale alcoholic beverages conducted an inspection of many of the Boroughs operating facilities. On this date while inspecting 815 Ringwood Avenue he found the following violations of law. NJAC section 13:2-23.13 (a) (3) incomplete 141 A form that is a form that is required to be maintained by a licensee it was incomplete in that it did not list all employees. Mr. Ben Guinta advised the inspector, Officer Smith that he volunteers to help out his sister. However notwithstanding his name was not listed, moreover the entertainment with respect to the premises was not listed on that form and thus constituting the violation. Secondly he is required by law to maintain a long form of his license application on the premises, he did not have such an application. Thirdly more of a concern because it is more than a technical or paperwork violation the licensee purchased alcohol from a prohibited source that is a retailer to a retailer sale. You can’t do that you have to buy from an appropriate State approved agency. While checking the book of account the investigating officer found a receipt dated January 29, 2008 from Bottle King, 1950 Route 23, Wayne, New Jersey for the following two Baileys Irish Cream one Jack Daniels and one melon liquor. I also found a receipt dated 3/29/08 from the A and P Liquors, Haskell for the following Sambuca Romana. The above named brand liquors were observed at the bar at the time. These three separate violations constitute violations of the law by the licensee and therefore you are scheduled for the hearing this evening to make a determination. We had Officer Smith alerted to testify since the licensee didn’t appear nor did the attorney you can receive the police report and the attachments in evidence for your consideration you already have copies of it and you can consider an appropriate penalty to assess against the licensee. That penalty can be a revocation of the license for a specified period of time a suspension of the license in which case the licensee would be notified and has certain appellate rights. Generally there is a gradation of penalties to be assessed against the licensee this is the first penalty and violation that has been assessed or been lodged against the licensee so my recommendation is that the license not be suspended or revoked but rather you consider an appropriate period of suspension knowing of course the background that I have explained concerning it’s operation.

The Mayor said what would be an appropriate period.
The Borough Attorney said anywhere from seven to fourteen days for a first offense.
Councilman Balunis said those are the only options.
The Borough Attorney said no. It can be seven days, fourteen days, thirty days. You can not assess a fine. There is a case on record where a municipality tried to assess a fine and you are not authorized to do that. The only person who can convert a suspension into a fine is the director of the alcholic beverage control and he does so only after a review of the economics of the facility and makes a determination how much the fine should be.
The Mayor said what would a normal suspension be in a case like this.
The Borough Attorney said seven days, fourteen days, thirty days. Depending upon the severity of it, if its repeated you would grade it up. If it’s repeated again you would be more harsh.
Councilman O’Connell said this is going to be here every month until he actually shows up.
The Borough Attorney said no. This is it, this is the hearing. You are going to make your determination tonight. He is advised he is suspended.
The Mayor said should we announce if anyone is representing the licensee.
The Borough Attorney said is anyone here representing 815 Ringwood Avenue. No one came forward or responded. They were invited here, they were sent notice. The attorney requested the discovery. We’ve given them an opportunity. This is the second date for their hearing, they don’t appear therefore it’s appropriate for you to take action. If they find themselves aggrieved there is a method of appealing it to the Administrative Law Courts again.

On entertainment of the Mayor, Councilmen Theoharous and Balunis moved a motion to approve a thirty day suspension of the liquor license effective September 15th through October 15th.
On roll call, all voted yes, and the Mayor declared the motion carried.

RESOLUTIONS:

Resolution #144-0-08:
Re: Interlocal Agreement – Health Services - Ringwood

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

WHEREAS, the Borough of Wanaque and the Borough of Ringwood have shared Health Officer, Public Health Nurse Supervisor, Health Educator and Sanitarian services since 1998, and
WHEREAS, Ringwood wishes to continue to provide said services to Wanaque; and
WHEREAS, Wanaque wishes to extend said contract.
NOW, THEREFORE, BE IT RESOLVED that the agreement between the Borough of Wanaque and the Borough of Ringwood for Health Officer, Public Health Nurse Supervisor, Heath Educator and Sanitarian, dated December 22, 1998, be extended for a period of three years, at the following annual cost.

2008 $64,584
2009 $67,167
2010 $69,854
and;
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 8-CU-01-134-000 and contingent upon inclusion in the budget subsequent years.

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

Resolution #145-0-08:
Re: Adjust Mileage Reimbursement
On entertainment of the Mayor, Councilwoman Cisco and Councilman Balunis moved that,
BE IT RESOLVED that the mileage reimbursement for Borough Employees be established as per the Internal Revenue Service guidelines at 58.8 cents per mile effective July 1, 2008.

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

Resolution #146-0-08:
Re: Emergency Water Interconnection Agreement – Pompton Lakes Municipal
Utilities Authority

On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved that,
WHEREAS, the Wanaque Water Utility has a water interconnection with the Pompton lakes Municipal Utilities Authority for emergency purposes; and
WHEREAS, it is necessary to formalize the use of this emergency interconnection.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk are authorized and directed to execute an Interlocal Services Agreement with the Pompton Lakes MUA for the use of the emergency water interconnection located on Ringwood Avenue.

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

Resolution #147-0-08:
Re: Amend Resolution #121-0-08 – to add two properties

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

WHEREAS, on July 14, 2008 the Governing Body of the Borough of Wanaque adopted resolution 121-0-08 directing the Planning Board to undertake a preliminary investigation of certain properties for a proposed redevelopment area; and
WHEREAS, after adoption, it was determined that two properties were inadvertently left off of the resolution and the Borough Council wishes to include these properties in the study.
NOW, THEREFORE, BE IT RESOLVED that resolution 121-0-08 adopted July 14, 2008 be and is hereby amended to add Block 232, Lots 6 and 11 to the study area.

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

The Mayor said Councilwoman Cisco has agreed to be the liaison to the County Freeholders.
Councilwoman Cisco said I will check with Counsel for the County if there is any conflict.

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 $ 480.00

CURRENT 2008 297,939.16

CURRENT PRE-PAID 21,189.56

WATER OPERATING 2008 33,082.24

WATER PREPAID 5,216.24

GENERAL CAPITAL 229,439.66

WATER CAPITAL 46,779.98

WATER INFRASTRUCTURE 4,589.02

ESCROW BOOKKEEPER 6,284.90

PUBLIC ASSISTANCE 10,635.00

RECREATION TRUST 14,087.95

ANIMAL TRUST 5,718.75

UNEMPLOYMENT/DISABILITY __ 2,829.02 ___


TOTAL VOUCHERS $678,271.48

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: September 8, 2008

___________________________
Daniel Mahler
Mayor


Payrolls:

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

Payroll #16 p/e 08/08/08 $187,133.77

Payroll #17 p/e 08/22/08 $192,707.88

Payroll #18 p/e 09/05/08 $192,837.61_

Payroll Total $572,679.26

GRAND TOTAL $1,250,950.74

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: September 8, 2008
________________________________
Daniel Mahler
Mayor


ADJOURNMENT:

On entertainment of the Mayor, Councilman O’Connell and Councilwoman Cisco moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 11:25 P.M.


___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk