MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES

Regular Meeting
April 20, 2009

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, April 20, 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, Pettet and Theoharous.  Councilman Pasquariello was absent.  The Mayor declared a quorum.  The Borough Attorney and Borough Engineer were present.  Also present Robert Benecke, Economic Development Consultant.

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.

PROCLAMATIONS:  National Donate Life Month – April 1, 2009
                                     Myasthenia Gravis Awareness Month – June 2009

            The Mayor read the following Proclamations:

NATIONAL DONATE LIFE MONTH

            Whereas, every human life has matchless value, and during National Donate Life Month, we reaffirm our commitment to raising awareness about organ donation and the importance of making the decision to donate. We also express our appreciation to those who have donated organs, tissue, and marrow.

            Whereas, over 100,000 of Americans, over 4,500 in New Jersey, are currently on the waiting list for an organ transplant and thousands more need life enhancing tissue transplants. I urge all New Jersey residents to register with the state’s donor registry; say yes to organ and tissue donation on their driver’s license, and share their decision with family and friends. By taking these steps, New Jerseyans can help save lives.  My Administration is committed to strengthening organ and tissue donation programs and to increase the number of organs available for transplantation in order to save lives.  The kindness and generosity of donors reflect the compassionate spirit of our state.
            Whereas, during National Donate Life Month, we celebrate the life-saving work of medical professionals and researchers and the many others whose actions reflect our commitment to a brighter tomorrow.  Individuals can visit www.DonateLifeNJ.org to learn more about organ and tissue donation and how they can give the gift of life.
            Now, Therefore, I, Daniel Mahler, Mayor of Wanaque, by virtue of the authority vested in me by the citizens of Wanaque, do hereby proclaim April 2009 as Donate Life Month.  I call upon community groups, and private organizations to help raise awareness of the urgent need for organ and tissue donors throughout our state.
MYASTHENIA GRAVIS AWARENESS MONTH

            Whereas, Myasthenia Gravis is a neuro-muscular disease striking children and adults, affecting control of voluntary muscles and afflicting several hundred of our fellow New Jerseyans; and
            Whereas, the symptoms of this disorder include, but are not limited to, difficulty moving, breathing, swallowing, speaking and seeing; and
            Whereas, the Myasthenia Gravis Foundation of America, Inc. is a non-profit organization founded, "to facilitate the timely diagnosis and optimal care of individuals affected by myasthenia gravis and closely related disorders, and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy, and patient care"; and
            Whereas, Myasthenia Gravis is the most common neuromuscular disorder affecting the residents of New Jersey; and
            Whereas, it is fitting to recognize the many physicians who demonstrate an untiring effort to treat this disease and search for a cure;
            Now, Therefore, I, Daniel Mahler, Mayor of the Borough of Wanaque do hereby proclaim
June 2009
as
MYASTHENIA GRAVIS AWARENESS MONTH
IN THE BOROUGH OF WANAQUE

MINUTES:

Regular Meeting of March 9, 2009.

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

Special Meeting of March 30, 2009.

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

INTRODUCTION OF 2008 CURRENT AND WATER UTILITY BUDGET:
Resolution #69-0-09 and Resolution #70-0-09 – Deferred School Taxes

            The Borough Administrator gave a presentation on the budget.

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 2009.  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 20th day of April, 2009 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 20th day of April, 2009, 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 20th day of April, 2009, Charles J. Ferraioli, Jr., Registered Municipal Accountant, Certified by me, this 20th day of April, 2009, Mary Ann Brindisi, Chief Financial Officer.

On roll call, all voted yes, except Councilman Balunis and Councilwoman Cisco who voted no, the Mayor declared the motion not carried.
The Borough Administrator said the budget is not introduced.
            Councilwoman Cisco said I agree I have had the budget for a while and see problems with it and with the introduction now can we have a couple of meetings and bring in some people and go over it.
            The Borough Administrator said the budget has to be introduced by April 28th.  The waiver not approved and the auditor to be present.
            Councilwoman Cisco said I will amend my vote to yes to introduce the budget.
            Councilman Pettet said I want this to be public and do not want it being said that we do not care about the budget.  There is no one on the Council that frivously says tax points are not big deal.  Don’t want to sit silent on this.  There are caring individuals on this Council.
            Councilman Theoharous said anyone sitting on this Council is deeply concerned but there is a limit on what you can do.  We can look at it again and the people on the Council are very concerned about the budget.

Councilmen Theoharous and Pettet moved that,

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2009:
BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2009;
BE IT FURTHER RESOLVED, that said Budget be published by summary only in the Suburban Trends in the issue of April 26, 2009;
The Governing Body of the Borough of Wanaque does hereby approve the following as the Budget for the year 2009:
 
RECORDED VOTE:   Ayes:   Cisco                        Nays:  Balunis
                                                  O’Connell
                                                  Pettet                       Abstained:  NONE
                                                  Theoharous
                                                                                  Absent:  Pasquariello                                                                                        
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 30, 2009.
A Hearing on the Budget and Tax Resolution will be held at the Municipal Building, on April 20, 2009 at 8:00 P.M. at which time and place objections to said Budget and Tax Resolution for the year 2009 may be presented by taxpayers or other interested persons.

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

ORDINANCES:

   Public Hearing of Ord. #5-0-09:
     Re:  An Ordinance establishing a Redevelopment Plan for certain properties
            
             On entertainment of the Mayor, Councilmen Pettet and Balunis moved a motion that Ordinance #5-0-09 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 ESTABLISHING A REDEVELOPMENT PLAN FOR CERTAIN PROPERTIES LOCATED ON OR NEAR RINGWOOD AVENUE, FURNACE AVENUE, RHINESMITH AVENUE, AND FOURTH AVENUE IN THE BOROUGHOF WANAQUE, DESIGNATING THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE AS THE REDEVELOPMENT ENTITY FOR THE MIDVALE AND US ALUMINUM REDEVELOPMENT AREAS AND ESTABLISHING THE MIDVALE REDEVELOPMENT AREA ZONING DISTRICT (MRA) AND THE INDUSTRIAL-MIXED USE REDEVELOPMENT AREA (IMURA). CHAPTER 114 OF THE CODE OF THE BOROUGH OF WANAQUE ENTITLED ‘ZONING’ IS HEREBY AMENDED TO INCLUDE THE MRA ZONE AND IMU ZONE AND ZONING DISTRICTS.
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 much money was spent on the redevelopment study.
            The Borough Administrator said the appraisals were eleven thousand dollars, six thousand four hundred dollars for Robert Benecke’s (Economic Development Consultant) fees, fifteen thousand dollars for US Aluminum.
            Dave DaSilva said how much do you plan in the future to spend to purchase the property.
            Robert Benecke, Economic Developer said it may be a land swap or exchange only.
            The Borough Administrator said there is a hold on the project and no purchase of property.  There is no money in the budget for the purchase of the property.
            Robert Benecke said the Ordinance doesn’t authorize the purchase of the property.
            Dave DaSilva said how much money will be spent if you do purchase the property.
            The Borough Administrator said 1.7 million dollars for the property with the swap.
            Dave DaSilva said what about the pilot program.
            Robert Benecke said I need to speak to the Governing Body.
            Dave DaSilva said if the Ordinance is adopted then the 1.7 million dollars is to purchase the property.
            Robert Benecke said the Ordinance just could be on the books.
            Dave DaSilva said could you explain the redevelopment area.
            The Mayor said the first four buildings we received a grant for the Valentine Beauty Supply, Kressaty’s Pharmacy, Bumper to Bumper.  The second property US Aluminum there may be a redeveloper to develop it into a commercial zone.  The third piece is here and Cross Street.  The option to include them is we do a land swap and it has to be contiguous property.  The fourth is the Rhinesmith School property north of here, a single family house, the tanning salon, the Chinese restaurant, King Center, the deli and vacant lot, the Post property adjacent to the lot and part of south of Ringwood Avenue.  We need to put zoning in place, if the economy gets better we could move on it.  It’s prudent to purchase the property if the time is appropriate and put on hold for the municipal building.
            Dave DaSilva said is just the building on hold or all four.
            The Mayor said just the municipal building.  The property further north could be redeveloped now.  We’ll reconsider the plan.
            Dave DaSilva said will you hold off on the entire area.
            The Mayor said we’ll hold off now but put it in place if a developer comes in.
            Dave DaSilva said what is the Ordinance for US Aluminum.
            Robert Benecke said it is for the heights and setbacks and other items in the Ordinance.
            Dave DaSilva said the sliver of property is that for a redeveloper for both areas.
            Robert Benecke said could do that.
            Councilman Theoharous left the meeting at 8:45 P.M.  
            Dave DaSilva said what is section 7 of the financial agreement.
            Robert Benecke said it is applicable to the four properties and the area.  Short term tax exemptions and discretionary agreement to be by separate Ordinances.
            Dave DaSilva said does this Ordinance authorize the Governing Body to spend any money.
            Robert Benecke said no.

            Jack Dunning, 60 Willow Way, Wanaque said the foreclosure property on the Boulevard what is the size.  The four buildings are they to be re-faced with the money.
            Robert Benecke said that’s a grant.  That’s a better looking site and the redone assessment of increasing taxes is not necessary with commercial property – not residential.
            Jack Dunning said the proposed parking in the Ordinance how did the 1.8 parking spaces come about.
            Robert Benecke said through the residential site improvement standards along with the Borough Planning Board.  The spaces for visitor parking is up to the Planning Board.
            Jack Dunning said seven hundred fifty feet is not that big for the units.
            Robert Benecke said seven hundred fifty feet is pretty large.  The Planning Board is to determine that and they don’t envision three bedrooms there.
            Jack Dunning said regarding the density, the townhouse Ordinance doesn’t allow that.
            Robert Benecke said the use of property and tax increments the last eighteen units plus are to sixteen thousand square feet.
            Jack Dunning said what about setbacks.
            Robert Benecke said fifteen on the side similar to what we have and similar to what the buffer we have is.
            Jack Dunning said the buffer, will that be fence or trees.
            Robert Benecke said the details are for the Planning Board again.
            Jack Dunning said the pervious coverage is dense.
            Robert Benecke said we have to discuss the active recreation site plan.
            Jack Dunning said how do we avoid COAH in this Ordinance.
            Robert Benecke said it is in the Highlands area and the scarce resource element.
            Jack Dunning said will COAH be a problem.
            The Borough Administrator said we will deal with round three.  It’s good until December 2009.  We don’t know how Highlands is going to address COAH.  Other Ordinances address it and it wasn’t in place.

            John Maiello, 26 Rhinesmith Avenue, Wanaque said how many children will come out of this.
            Robert Benecke said guess about eight.
            John Maiello said changing the Ordinance to twenty-four units is a problem on an acre.  The pilot program is a sweetheart deal with the contractor in my opinion.
            Robert Benecke said two percent of most non-condo projects - ninety five percent of improved value received by the town.  The tax rates average two percent of the value, market value of the property.  The pilot program is to avoid debt.
            John Maiello said I don’t believe in that.  You as a builder would want something like this to pay taxes.

            Laura Fenilli, 519 Ringwood Avenue, representing Block 220, Lot 11 said is there a grant available to property owners.
            The Mayor said there is one hundred twenty six thousand dollar grant divided by four available and down by Doty Road we received a grant from the County.
            Laura Fenilli said how do we go about proceeding with that.
            The Borough Administrator said should there be a developer to be comprehensive for the property with a proposal makes it easier to provide for the property owner.
            Laura Fenilli said if we are interested in purchasing the property would we be forced to sell to the redeveloper.  Are there upgrades for the face lift.
            Robert Benecke said no.  If funding is available you can speak to the town about grants.

            Sandy Lawson, 28 Haskell Avenue, Haskell said the property north of Ringwood Avenue why skip some properties.
            Robert Benecke said the properties have different standards.
            Sandy Lawson said why was the residential property included in there.  The residential house could be become commercial property why is it exempt.
            Robert Benecke said it is not exempt.
            Sandy Lawson said you may decide not to do the property swap.  There is patchwork development and they do that a lot in town.  Should have options and not exclude these properties they may provide options down the road.
            Robert Benecke said the residential is not allowed to be set in there.  It’s not part of the redevelopment.

            Grace Maiello, 26 Rhinesmith Avenue, Wanaque said the properties south do not fall into the category.
            Robert Benecke said the Planning Board and the Council adopted resolutions last November for a redevelopment study to be done.
            Grace Maiello said what is the difference now.
            Robert Benecke said the Ordinance has been published and is a structural outline of what the plan hopes to come to one day.
            Grace Maiello said most of the Highlands obliterate or does he have to reapply, Mr. McNerney.
            Robert Benecke said he has to be in compliance with the Highlands.  It is somewhat densely developed to begin with and rather dense to conform with the plan.  Pre-existing applications have to be approved by the Highlands Council.  They will get into that with the site application.

            John Maiello, 26 Rhinesmith Avenue, Wanaque said the regarding the restrictions, behind the properties they are residential and could spend half the cost.

            The Mayor closed the Public Hearing.
           
Councilmen Pettet and O’Connell moved that,

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE ESTABLISHING A REDEVELOPMENT PLAN FOR CERTAIN PROPERTIES LOCATED ON OR NEAR RINGWOOD AVENUE,
FURNACE AVENUE, RHINESMITH AVENUE, AND FOURTH AVENUE IN THE BOROUGHOF WANAQUE, DESIGNATING THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE AS THE REDEVELOPMENT ENTITY FOR THE MIDVALE AND US ALUMINUM REDEVELOPMENT AREAS AND ESTABLISHING THE MIDVALE REDEVELOPMENT AREA ZONING DISTRICT (MRA) AND THE INDUSTRIAL-MIXED USE REDEVELOPMENT AREA (IMURA). CHAPTER 114 OF THE CODE OF THE BOROUGH OF WANAQUE ENTITLED ‘ZONING’ IS HEREBY AMENDED TO INCLUDE THE MRA ZONE AND IMU ZONE AND ZONING DISTRICTS pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

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

   Introduction of Ord. #6-0-09:
     Re:  An Ordinance to exceed the Municipal Budget Appropriation Limits and to
             Establish a CAP Bank
           
            On entertainment of the Mayor, Councilman Pettet and Councilwoman Cisco moved that Ordinance #6-0-09 be taken from the table and read by the Clerk, by title only, for consideration of first reading.
 On roll call, all voted yes, and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows:  AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) 

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

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 20th day of April 2009, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

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

   Introduction of Ord. #7-0-09:
     Re:  Capital Appropriation Ordinance First Street and Second Street Department of
             Transportation Grant ($211,000)
            On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that Ordinance #7-0-09 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 $211,000 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE RECONSTRUCTION OF FIRST STREET AND SECOND STREET IN THE BOROUGH OF WANAQUE. 

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

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE APPROPRIATING $211,000 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE RECONSTRUCTION OF FIRST STREET AND SECOND STREET IN THE BOROUGH OF WANAQUE pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 11th day of May 2009, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

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

   Introduction of Ord. #8-0-09:
     Re:  Capital Appropriation Ordinance Laura Avenue Phase II Department of
             Transportation Grant ($257,000)
           
            On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that Ordinance #8-0-09 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 $257,000 FROM THE
NEW JERSEY DEPARTMENT OF TRANSPORTATION
GRANT FOR THE RECONSTRUCTION OF LAURA AVENUE
PHASE II IN THE BOROUGH OF WANAQUE

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

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE APPROPRIATING $257,000 FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE RECONSTRUCTION OF LAURA AVENUE
PHASE II IN THE BOROUGH OF WANAQUE pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 11th day of May 2009, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

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

   Introduction of Ord. #9-0-09:
     Re:  Appropriate $90,000 from the Water Capital Improvement Fund for Laura
             Avenue Phase II
           
            On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that Ordinance #9-0-09 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 $90,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR LAURA AVENUE PHASE II

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

BE IT RESOLVED that an Ordinance entitled:    AN
ORDINANCE APPROPRIATING $90,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR LAURA AVENUE PHASE II pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 11th day of May 2009, 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.

            The Mayor said we’ll take a five minute break.  Councilman O’Connell left the meeting at 9:30 P.M.
            On roll call, the following Council Members responded:  Councilman Balunis, Councilwoman Cisco, Councilman Pettet.
COMMITTEE REPORTS:  (Work Meeting)

PUBLIC DISCUSSION:

            The Mayor opened the Public Discussion.

            Charlie Huber, 158 Conklintown Road, Wanaque said I bought the house five years ago and was using an easement to get to the property.  The neighbor blocked it off and we can’t use it now.  We would like to restore it now so we can use it.  There are people making u-turns and kids are parking there.  There is no u-turn sign on Conklintown Road.
            The Borough Attorney said should have a copy of the survey sent to the town to review.
            The Borough Engineer spoke to the resident.

            Sheryl Davis, 14 Second Avenue, Haskell said is there an update on the grant for the drainage.
            The Borough Administrator said April 17th was the deadline and we will not find anything out until the fall.  The County is to make a decision and there is eight hundred thousand dollars in grant money available and there are fourteen towns applying.  We will probably find out sometime in October.  There is a lot more paperwork for Federal grants to be completed.
            Sheryl Davis said you won’t find out at all until October.
            The Borough Administrator said probably.
            Sheryl Davis said what is the next step if we don’t get approved for this.
            The Borough Administrator said we can try the Department of Transportation to apply to get a grant or see about the Borough funding it.  There is an application process for next year for Furnace Avenue and Melrose Avenue and for the Laura Avenue projects.
            Sheryl Davis said could Arrow Group do anything to divert the water.
            The Borough Administrator said we can call Arrow Group again.
            Sheryl Davis said this is nine years this has been going on and it is unacceptable.
            Councilwoman Cisco said if you give me your number I will try to find out something by Wednesday.
            Sheryl Davis said thank you.

            Dave DaSilva, 108 Monroe Street, Haskell said what is the process for the application for flooding on Second Avenue.
            The Borough Administrator said to reconstruct Second Avenue.
            Dave DaSilva said what is the cost to design it.
            The Borough Administrator said a ball park number is twenty thousand dollars the figure is forty thousand dollars.
            Dave DaSilva said when did the Ethics committee meet the last time.
            The Mayor said it has been several years.  There is an Ethics complaint and there will be a meeting held to address it soon.
            Dave DaSilva said what are the details for the Department of Transportation lease.
            The Borough Administrator said it is one dollar per month.  It includes the property next to Dunkin Donuts, the property where the welcome to Wanaque sign is and Fourth Avenue where they are parking vehicles on now.
            Dave DaSilva said are you going to buy a new sign for there.
            The Borough Administrator said yes.
            Dave DaSilva said what is the status of 815 Ringwood Avenue.
            The Borough Attorney said the license renewal is to come up in June and he has to comply with the Administrative Law stipulations.
            Dave DaSilva said are you going to impose a fine.
            The Borough Attorney said we can’t impose a fine.  It will come before the Council and we’ll take it from there.
            Dave DaSilva said regarding the four day work week that was done last year will it be done again this year and what was the savings.
            The Borough Administrator said no we will not be doing it this year.  It was an inconvenience to the residents and the savings was approximately fifty dollars a day.
            Dave DaSilva said what is the status update on the envisioning.
            The Borough Administrator gave an update of the process.
            Dave DaSilva said is three votes enough to pass an Ordinance.
            The Borough Administrator said yes.
            Dave DaSilva said regarding the seven hundred thousand dollars there is no tax cut at all.
            The Borough Administrator said it is four hundred fifty to five hundred thousand dollars to get to zero increase.
            Dave DaSilva said regarding Mountain Lakes the conditions are still there and there is a sinkhole.  The residents complained for the safety of the children.  Just gets worse and someone should take a look Lakeside Manor and see the condition there.  With regard to the adult housing bill keep in mind convert age restricted not if holding deposits on the houses, that removes the possibility of it and twenty percent of COAH that’s what they are proposing also recreation tennis courts improvements.  Also the restriction to do anything to footprint of housing.  Bills S2577 and A3772.  The sewer authority is there any action yet.  There are private sewer plant companies out there.  You should bring in an outside company to do that and structure it so that Ringwood and West Milford would get something.

            The Borough Engineer said I looked at the survey map and Garden Road is blocked off which is not allowed.  The bridge is probably private property and part of the bridge may be a right of way and it needs repair also.

            The Mayor closed the Public Discussion.
 
CONSENT AGENDA:
        
   Application for Bingo License:
     Re:  Wanaque Reserve Senior Citizens Association, Inc. – BA:185
   Two (2) Applications for Ice Cream Vendor’s License:
     Re:  1) Sandra Cruz-Quitshat – S & A Ice Cream, 2) John DeCrocker, Jr. (Approved
             By the Police Department and Health Department)

   Resolution #73-0-09:
     Re:  Refund of overpayment for water account #3688-0 on Block 206, Lot 62 in the
             Amount of $280.00
              
WHEREAS, the Water Department has determined that there is only one water service at Block 206 Lot 62 known as account 3688-0, and
WHEREAS, the homeowner has been charged two minimums on account 3688-0 for some time, and
WHEREAS, the property owner has paid for the two minimums
NOW, THEREFORE, BE IT RESOLVED account 3688-0 located on Block 206 Lot 62 be credited for the overpayments in the amount of $280.00.

   Resolution #74-0-09:
     Re:  Redemption of Tax Sale Certificate #06-00159 for Block 255.01, Lot 5 in the
             Amount of $49,413.69
              
WHEREAS, a Tax Sale was held for 2005 delinquent Municipal charges on May 23, 2006, and
WHEREAS, Robert U. Delvecchio was the successful bidder for Block 255.01 Lot 5 for which Tax Sale Certificate #06-00159 was assigned, and
WHEREAS, Robert U. Delvecchio paid a premium of $10,600.00 for said certificate, 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 $49,413.69 as per the certification of the Tax Collector.

Resolution #75-0-09:
     Re:  Refund of Tax overpayment on Block 439, Lot 11 in the amount of $1,172.95

WHEREAS, there exists a tax overpayment on the property listed herein for the first quarter of 2009:

BLOCK            LOT               AMOUNT
439                  11                    $1,172.95

WHEREAS, the owner has requested a refund of said overpayment;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $1,172.95 as per the certification of the Tax Collector.

   Resolution #83-0-09:
     Re:  Cancel Stale Dated Check in the amount of $176.54
WHEREAS, there exists one stale dated check for the Borough of Wanaque,
which remains outstanding as of April 20, 2009; and
            WHEREAS, it is therefore necessary to formally cancel this stale dated check
to surplus;
            NOW, THEREFORE, BE IT RESOLVED that the following check be cancelled:

            PAYROLL:

            Check# 1664 – Dated 4/17/08                         $176.54

                                                              TOTAL         $176.54

                        GRAND TOTAL OF CHECKS          $176.54

            On entertainment of the Mayor, Councilmen Pasquariello and O’Connell 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 2009  ‑  NONE.
                                                
4.   Municipal Court Report for March 2009  ‑ 
                                                                                               
5.   Welfare Report for March 2009  -  NONE.

On entertainment of the Mayor, Councilmen Pettet and Theoharous 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

   Administrator:

   Engineer:

   Attorney:

COMMUNICATIONS:

   Letter from County of Passaic, Department of Planning:
      Re:  Ordinance #5-0-09

            Received and filed.

   Letter from Lee Smith, Fire Chief :
     Re:  Request for a one day exception to the Borough Ordinance
             
            On entertainment of the Mayor, Councilman Balunis and Councilwoman Cisco moved a motion to approve the aforementioned request.
            On roll call, all voted yes, and the Mayor declared the motion carried.

   Letter from Charles Sahanas:
     Re:  Refund of deposit for Permit #2051 in the amount of $100.00

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

NEW BUSINESS:

   Appointment of two (2) Ethics Committee Members:

            On entertainment of the Mayor, Councilmen Pettet and Balunis moved a motion to appoint Pamela Mendoza to the Ethics Committee.
            On roll call, all voted yes, and the Mayor declared the motion carried.

   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.

   Resolution #55-0-09:
     Re:  Refund of Tax Sale Certificate #06-00153 to Edward J. Galbierczyk for Block
             200.21, Lot 24 in the amount of $1,571.48

            Held.

   Resolution #64-0-09:
     Re:  Approve Lease Agreement – NJDOT Property

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

            BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute a lease agreement with the New Jersey Department of Transportation for certain properties located on Fourth Avenue and at the corner of Union Avenue and Ringwood Avenue (Parcel X44B and part of X49C) in the Borough of Wanaque

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

RESOLUTIONS:

   Resolution #76-0-09:
     Re:  Award Proposal for Disposal of Yard Waste and Leaves – Nature’s Choice, Inc.
             In the amount of $11.94 per cubic yard for yard waste and $8.94 per cubic yard
             Waste and $8.94 per cubic yard for leaves

            WHEREAS, the Borough of Wanaque advertised for and solicited bids for the disposal of yard waste and leaves for the year 2009, and proposals were received from the following:
Nature’s Choice - $11.94 cu. yd. yard waste
Nature’s Choice- $ 8.94 cu. yd. Leaves

Grinnell Recycling - $12.50 cu. yd. leaves
and;
            WHEREAS, the Borough Administrator has reviewed the proposal of Nature’s Choice, Inc and finds it to be responsive and responsible; and
            WHEREAS, marketing of recycling material is exempt from bidding under the “Local Public Contracts Law:, N.J.S.A. 40A:11-1 et. seq.
            NOW, THEREFORE, BE IT RESOLVED that the proposal from Nature’s Choice, Inc. 1 Caven Point Avenue, Jersey City 07305 dated March 19, 2009 be and is hereby accepted for yard waste disposal at $11.94 per cubic yard and for leaves at $8.94 per cubic yard; and
            BE IT FURTHER RESOLVED that the Borough Clerk place a notice of this action in the Suburban Trends.

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

   Resolution #77-0-09:
     Re:  A.W.A.R.E. A.S.A.P. Alliance Grant

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

            BE IT RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize the filing of the 2009 Municipal Alliance Grant Application; and
            BE IT FURTHER RESOLVED that the Borough of Wanaque will adhere to all conditions and obligations as sub-grantee to the State of New Jersey and the County of Passaic as set forth in the Letter of Agreement between the Governor’s Council on Alcoholism and Drug Abuse and Passaic County, for the grant administration of the 2008 Alliance to Prevent Alcoholism and Drug Abuse, for a grant amount of $54,400 and cash amount of $17,200; and
            BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk be and are hereby authorized to execute the proposed application;
            BE IT FURTHER RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize that the Membership of AWARE will consist of the person’s names listed on Exhibit A, attached to this Resolution; and
            BE IT FURTHER RESOLVED that this group shall serve as the Alliance of the above said municipality for a three year term in accordance with P.L. 1989, C. 51 and the Guidelines of the Passaic County Municipal Alliance Plan Steering Subcommittee.

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

   Resolution #78-0-09:
     Re:  Memorializing the payment plan for Holiday Inn Express

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved
A motion to approve the aforementioned resolution.     
            On roll call, all voted yes, and the Mayor declared the motion carried.

   Resolution #79-0-09:
     Re:  Award Professional Services – Fred Suljic/Dykstra Engineering Highlands
             Module II ($10,000.00)

            BE IT RESOLVED that a contract for Highlands Land Use Resource Capacity Analysis Module 2 be and is hereby awarded to Fred F. Suljic P.P./Dykstra Associates, 11 Lawrence Road, Newton, N.J. in the amount of $10,000; and
            BE IT FURTHER RESOLVED that funds for this contract are available in the Highlands Conformance Grant, and
            BE IT FURTHER RESOLVED that the Borough Clerk be authorized to publish a notice of this action in the Suburban Trends.

   Resolution #80-0-09:
     Re:  Authorize Alaimo Group – Rainbow Valley paving and drainage design
 
            BE IT RESOLVED that the Alaimo Group be and are hereby awarded a professional services contract to perform engineering services for the Rainbow Valley Paving and Drainage Design program in an amount not to exceed $10,000.00; and
            BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account XGC-03-342-202; and
            BE IT FURTHER RESOLVED that the Borough Clerk publish a notice of this action in the Suburban Trends.
           
   Resolution #81-0-09:
     Re:  Appropriation $140,000 from Water Infrastructure Trust for First Street and
             Second Street reconstruction

            BE IT RESOLVED that $140,000 be appropriated from the Water Infrastructure Trust Fund for the reconstruction of First Street and Second Street.

   Resolution #82-0-09:
     Re:  Payment to JPI Painting, Inc. – Current Estimate #1 for the Haskell Water Tank
            In the amount of $107,310.00
            
BE IT RESOLVED that payment be made to JPI Painting, Inc. for the Haskell Water Tank in the amount of $107,310.00 in accordance with the Borough Engineers letter dated April 8, 2009.

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 PREPAID                                                                 $   3,076.33

CURRENT 2008                                                                              2,985.17

CURRENT 2009                                                                           367,534.17

WATER OPERATING PREPAID                                                   2,618.19

WATER OPERATING 2009                                                          36,081.32

WATER CAPITAL                                                                          8,195.96

GENERAL CAPITAL                                                                      7,567.50

ESCROW                                                                                        14,944.40

PUBLIC ASSISTANCE                                                                 15,646.15

UNEMPLOYMENT/DISABILITY                                                    782.92

RECYCLING TRUST                                                                      8,023.96

RECREATION TRUST                                                                    3,237.27

ANIMAL TRUST                                                                   __           80.40  ___  
                                                                  
                                                          TOTAL VOUCHERS       $470,773.74

On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED:  April 20, 2009

___________________________
                 Daniel Mahler
                      Mayor

 

Payrolls:
           
            Councilmen Pettet and Theoharous moved a resolution approving the following payrolls:                       
                                    Payroll #06                   p/e 03/20/09                   $199,295.30

                                    Payroll #07                 p/e 04/03/09                   $193,341.82

                                    Payroll #08                   p/e 04/17/09                   $209,339.14_
                                                                   
                                                                           Payroll Total               $601,976.26

                                                                     GRAND TOTAL           $1,072,750.00
 
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED:  April 20, 2009

________________________________
                     Daniel Mahler
                          Mayor

 

NEW BUSINESS:

   Closed Session:
     Re:  Negotiations/Personnel/Litigation

            On entertainment of the Mayor, Councilman Pettet 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. Litigation, Negotiations, Contracts.
  2. 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 Pettet and Balunis moved a motion to reconvene.
            On roll call, all were present.

ADJOURNMENT:

On entertainment of the Mayor, Councilmen Balunis and Pettet moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 10:45 P.M.

 

_____________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk