February 14, 2005

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, February 14, 2005, 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, Mahler, O’Connell, Pasquariello, Pettet, Theoharous. The Mayor declared a quorum. The Borough Attorney Anthony Fiorello and the Borough Engineer Michael Cristaldi were present.

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 3, 2005, and a notice thereof has been posted on January 3, 2005 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.

ADMINISTRATION OF OATH OF OFFICE – Councilman Robert Pettet:

The Mayor asked Congressman Scott Garrett to administer the Oath of Office to Councilman Robert Pettet.

PRESENTATION:

Volunteer of the Year Award – 2004 – Helen Bakir:

The Mayor asked the representatives from the Recreation Commission, Kathy Riccardelli, Walter White and JoAnn Dandrea to present the plaque for the 2004 Volunteer of the Year Award to Helen Bakir.

Frank Rossettini – President of the Wanaque Soccer Association also presented a plaque to Helen Bakir for her dedication to the community.

MINUTES:

Regular Meeting of January 10, 2005.

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

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

ORDINANCES:

Public Hearing of Ord. #1-0-05:

Re: Bond Ordinance – Appropriating $210,000 for Improvement of Wanaque First

Aid Squad

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #1-0-05 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

On roll call, all voted yes, except Councilman Pettet who abstained 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 FIRST AID SQUAD BUILDING IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY APPROPRIATING $210,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $200,000 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.

No one came forward.

The Mayor closed the Public Hearing.

Councilmen Pasquariello and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE FIRST AID SQUAD BUILDING IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY APPROPRIATING $210,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $200,000 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, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Public Hearing of Ord. #2-0-05:

Re: Bond Ordinance – Supplemental Appropriation of $125,000 for the Improvement

of Fourth Avenue and Decker Road

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion that Ordinance #2-0-05 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: BOND ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION OF $125,000 FOR IMPROVEMENT OF FOURTH AVENUE AND DECKER ROAD IN AND BY THE BOROUGH HERETOFORE AUTHORIZED TO BE TAKEN BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $119,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH SUPPLEMENTAL APPROPRIATION.

The Mayor opened the Public Hearing.

No one came forward.

The Mayor closed the Public Hearing.

Councilmen O’Connell and Mahler moved that,

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION OF $125,000 FOR IMPROVEMENT OF FOURTH AVENUE AND DECKER ROAD IN AND BY THE BOROUGH HERETOFORE AUTHORIZED TO BE TAKEN BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $119,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH SUPPLEMENTAL 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, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Public Hearing of Ord. #3-0-05:

Re: Amend Parking Regulations on Ringwood Avenue

On entertainment of the Mayor, Councilmen Pasquariello and Mahler moved a motion that Ordinance #3-0-05 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, ENTITLED “VEHICLES AND TRAFFIC” TO AMEND CERTAIN PARKING REGULATIONS FOR RINGWOOD AVENUE.

The Mayor opened the Public Hearing.

No one came forward.

The Mayor closed the Public Hearing.

Councilmen Mahler and Pasquariello moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, ENTITLED “VEHICLES AND TRAFFIC” TO AMEND CERTAIN PARKING REGULATIONS FOR RINGWOOD AVENUE 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, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Public Hearing of Ord. #4-0-05:

Re: Water Capital Appropriation – Decker Road

On entertainment of the Mayor, Councilmen Mahler and Theoharous moved a motion that Ordinance #4-0-05 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE APPROPRIATING $25,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO DECKER ROAD.

The Mayor opened the Public Hearing.

Sandy Lawson, 28 Haskell Avenue, Haskell asked what is going to be done with regard to this Ordinance.

The Borough Administrator explained the Ordinance.

The Mayor closed the Public Hearing.

Councilmen Pasquariello and O’Connell moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $25,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO DECKER ROAD pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and

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

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Introduction of Ord. #5-0-05:

Re: Ordinance to exceed the Municipal Budget Appropriation Limits and to

On entertainment of the Mayor, Councilmen Balunis and Theoharous moved that Ordinance #5-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, except Councilman Pettet who abstained 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.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK 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 14th day of March 2005, 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, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Introduction of Ord. #6-0-05:

Re: Amend Chapter 116B, Section 3 “Dogs”

On entertainment of the Mayor, Councilmen Mahler and O’Connell moved that Ordinance #6-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO AMEND CHAPTER 116B, “DOGS” SECTION 3 WITH REGARDS TO THE REMOVAL OF ANIMAL FECES.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO AMEND CHAPTER 116B, “DOGS” SECTION 3 WITH REGARDS TO THE REMOVAL OF ANIMAL FECES 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 14th day of March 2005, 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

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Introduction of Ord. #7-0-05:

Re: Repeal Chapter 50 entitled “Animals” and replace it with a new Chapter 50

entitled “Animals – Feeding of Wildlife”

On entertainment of the Mayor, Councilmen Mahler and O’Connell moved that Ordinance #7-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 50, ENTITLED “ANIMALS” TO REPEAL THE ENTIRE CHAPTER AND REPLACE IT WITH A NEW CHAPTER 50 ENTITLED “ANIMALS – FEEDING OF WILDLIFE”.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 50, ENTITLED “ANIMALS” TO REPEAL THE ENTIRE CHAPTER AND REPLACE IT WITH A NEW CHAPTER 50 ENTITLED “ANIMALS – FEEDING OF WILDLIFE” 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 14th day of March 2005, 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

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Introduction of Ord. #8-0-05:

Re: Create and Establish Chapter 113 entitled “Yard Waste”

On entertainment of the Mayor, Councilmen Mahler and O’Connell moved that Ordinance #8-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO CREATE AND ESTABLISH CHAPTER 113 ENTITLED “YARD WASTE”.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO CREATE AND ESTABLISH CHAPTER 113 ENTITLED “YARD WASTE” 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 14th day of March 2005, 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

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Introduction of Ord. #9-0-05:

Re: Establish Articles 2 and 3 in Chapter 95 entitled “Stormwater Management”

On entertainment of the Mayor, Councilmen Pasquariello and Mahler moved that Ordinance #9-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO ESTABLISH ARTICLES 2 AND 3 IN CHAPTER 95, ENTITLED “STORMWATER MANAGEMENT” IN THE CODE OF THE BOROUGH OF WANAQUE.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO ESTABLISH ARTICLES 2 AND 3 IN CHAPTER 95, ENTITLED “STORMWATER MANAGEMENT” IN THE CODE OF 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 14th day of March 2005, 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

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

John Maiello, 26 Rhinesmith Avenue, Wanaque thanked the Mayor and Council for Ordinance #3-0-05 which will help the tenants with parking on Ringwood Avenue.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque asked what happened to the welcome to Wanaque sign on Ringwood Avenue.

The Mayor said it was stolen a few weeks ago.

Molly Reese, 24 Decker Road, Haskell asked when will the construction be done?

The Borough Administrator said sometime during the summer. It should take approximately three months to complete.

Molly asked if it will be similar to the way Bergen Avenue was done? Will there be parking on the street?

The Borough Administrator explained the construction project.

The Borough Engineer said the water lines will have to be moved from the back of the house possibly to the side of the house. We’ll have to see what would work.

Molly Reese said my neighbor goes for dialysis. Can he get to his house when the construction begins?

The Borough Engineer said you will always have access to your house.

Sandy Lawson, 28 Haskell Avenue, Haskell said they had the second Stormwater Management Seminar. Did anyone get there?

The Borough Administrator said I couldn’t get there today. I will speak with Pat Mancuso.

Sandy Lawson spoke about the Gallo acquisition and being ecstatic to hear that. The Open Space Committee has not met in a while and regular meetings should be set for the local Open Space Committee. Received a letter last week saying Pulte doesn’t have all their permits. How many building permits have been issued?

The Borough Administrator said foundation permits have been issued for three buildings.

Sandy Lawson said they don’t have final County approval yet.

The Borough Administrator said have not heard that.

Jerry Lyons, 93 Bergen Avenue, Haskell asked what is the County going to do with the bridge?

The Borough Administrator said the County is working on it but it may take ten years.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Eight (8) Applications for Raffle License:

Re: 1) The Journey within a Center for Spiritual Evolvement, Inc. – RA:616,

RA:617, 2) Wanaque First Aid Squad Auxiliary – RA:618, 3) Lakeland

Regional High School – RA:619, RA:620, RA:621, 4) A.W.A.R.E. A.S.A.P.

RA:622, 5) Haskell School P.T.A. – RA623

Resolution #39-0-05:

Re: Redemption of Tax Sale Certificate #040084 for Block 409, Lot 1 in the amount

of $10,727.33

WHEREAS, a Tax Sale was held for 2004 delinquent Municipal charges on May 25, 2004, and

WHEREAS, Robert Delvecchio, Pension Trust was the successful bidder for Block 409 Lot 1 for which Tax Sale Certificate #040084 was assigned, and

WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $10,727.33 as per the certification of the Tax Collector.

Resolution #40-0-05:

Re: Redemption of Tax Sale Certificate #010050 for Block 444, Lot 14 in the amount

of $1,024.65

WHEREAS, a Tax Sale was held for 2000 delinquent Municipal charges on December 28, 2001, and

WHEREAS, Robert Kane was the successful bidder for Block 444 Lot 14 for which Tax Sale Certificate #010050 was assigned, and

WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $1,024.65 as per the certification of the Tax Collector.

Resolution #41-0-05:

Re: Redemption of Tax Sale Certificate #040088 for Block 444, Lot 14 in the amount

of $22,080.15

WHEREAS, a Tax Sale was held for 2004 delinquent Municipal charges on May 25, 2004, and

WHEREAS, Dennis Moeller was the successful bidder for Block 444 Lot 14 for which Tax Sale Certificate #040088 was assigned, and

WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $22080.15 as per the certification of the Tax Collector.

Resolution #42-0-05:

Re: Refund of Tax overpayment on Block 403, Lot 67 in the amount of $1,530.00

WHEREAS, there exists a tax overpayment on the property listed herein:

BLOCK LOT AMOUNT

403 67 1530.00

WHEREAS, the attorney for the property owner has requested a refund of said overpayment.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $1530.00 in Tax overpayments as per the certification of the Tax Collector.

Resolution #43-0-05:

Re: 2004 Recycling Tonnage Grant Application

WHEREAS, The Mandatory Source Separation and Recycling Act,

P.L.1987, c. 102, has established a recycling fund from which tonnage grant may be

made to Municipalities in order to encourage local source separation and recycling

programs; and

WHEREAS, It is the intent and the spirit of the Mandatory Source

Separation and Recycling Act to use the tonnage grants to develop new Municipal

recycling programs and to continue and to expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to Implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, The recycling regulations impose on Municipalities certain

requirements as a condition for applying for tonnage grants, including but not limited to,

making and keeping accurate, verifiable records of materials collected and claimed by the

Municipality; and

WHEREAS, A resolution authorizing this Municipality to apply for such

tonnage grants will memorialize the commitment of this Municipality to recycling and to

indicate the assent of Borough Council to the efforts undertaken by the Municipality and

the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual

authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of

Wanaque, County of Passaic, New Jersey that the Borough of Wanaque hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Thomas F. Carroll to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

Resolution offered by: Councilman Pasquariello and Councilman O’Connell

Resolution certified by: Katherine J. Falone – Municipal Clerk

Payment to County of Passaic:

Re: Open Space Added/Omitted Taxes for 2004 - $4,790.66

Payment to County of Passaic:

Re: 1^st Quarter Taxes 2005 - $1,156,372.63

Payment to County of Passaic:

Re: Open Space Taxes – 1^st Quarter – 2005 - $21,452.97

Budgetary Transfers:

None.

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 January 2005 ‑ NONE.

4. Municipal Court Report for January 2005 ‑ NONE.

5. Welfare Report for December 2004 - NONE.

On entertainment of the Mayor, Councilmen Pasquariello 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.

___________________________

Warren Hagstrom

Mayor

Engineer:

The Borough Engineer said I have no report.

Attorney:

The Borough Attorney concurred with the Borough Administrators sentiments on the Gallo tract as a significant acquisition. There are one hundred fifty acres set aside by the Borough for acquisition for open space and preservation.

Administrator:

The Borough Administrator reported on meeting with the County regarding the Ringwood Avenue construction to work out some items. They are going to start construction around April 1^st. The north end will be done first in one stage from Jenkins Avenue to Orchard Street and the west side first will be done. Ringwood Avenue will be closed four to five weeks and then they will flip to the northbound side for two to three weeks and then they will go down Park Avenue to Crescente Lane finish early June to get the job done. Stop and Shop began work in the old Foodtown. They are going to do work which will take about six months and they hope to open in the fall. The hotel is still a go. They will be back before the Planning Board in March for some wire problems. The Budget is being worked on and we’re getting the financial numbers for that. The State closed on the Gallo tract on Townsend Road and that is part of Norvin Green State Forest. Passaic County put in $200,000.00 to close the deal between the State and the property owner.

COMMUNICATIONS:

Letter from Lowenstein Sandler:

Re: Ordinance #7-0-04

Held.

Letter from Passaic County 200 Club:

Re: Valor and Merit Awards for Public Safety Personnel

Received and filed.

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiation/Personnel

Held to the end of the meeting.

UNFINISHED BUSINESS:

Appointment of Ethics Committee Member:

Held.

RESOLUTIONS:

Resolution #44-0-05:

Re: Award Bid – John Garcia Construction Co., Inc. re: Decker Road Improvements

in the amount of $399,957.00

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

WHEREAS, the Borough of Wanaque advertised for and received bids on January 5, 2005 for the reconstruction of Decker Road, for which the following bids were received:

John Garcia Construction Co. Inc. $399,957.00

Concrete Construction Corp. $483,188.50

Tomaro Contracting Co. $500,000.00

Tomco Landscape & Excavating $517,517.00

Van Winderden Associates $532,000.00

Montana Construction Corp. $588,306.87

and;

WHEREAS, the Borough Administrator and Borough Engineer have received the bid of John Garcia Construction Co. Inc. and find it to be responsive and responsible.

NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to John Garcia Construction Co. Inc., 183 Friar Lane, Clifton, NJ 07013 at the low bid price of $399,957.00 and that the Mayor and Borough Clerk are authorized to execute the contract documents; and

BE IT FURTHER RESOLVED that funds are available in the following budget accounts: X-GP-324-203; Y-WC-108-204; Ordinances 2-0-05 and 4-0-05.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Resolution #45-0-05:

Re: Change Order – Ringwood Avenue – Phase II

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

BE IT RESOLVED that Passaic County Change Order #5 to Concrete Construction Corporation for changes to the Ringwood Avenue Phase II project in the amount of $93,173.00 be and is hereby approved.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

Resolution #46-0-05:

Re: Approve Community Forestry Grant Agreement

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

GRANT AGREEMENT BETWEEN

WANAQUE BOROUGH

AND THE STATE OF NEW JERSEY

BY AND FOR

THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

GRANT IDENTIFIER:

GOVERNING BODY RESOLUTION

The governing body of Wanaque Borough desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $2000.00 to fund the following project: COMMUNITY FORESTRY MANAGEMENT PLAN

Therefore, the governing body resolves that Warren Hagstrom or the successor to the office of Mayor is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $2000.00 and not more than $2000.00, and (c) to execute { } any amendments thereto {X} any amendments thereto which do not increase the Grantee’s obligations.

The Wanaque Borough authorizes and hereby agrees to match 33.3% of the Total Project Amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified. 100% of the match will be made up of in-kind services (if allowed by grant program requirements and the agreement).

The Grantee agrees to comply with all applicable federal, State, and municipal laws, rules and regulations in its performance pursuant to the agreement.

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the motion carried.

FINANCE REPORT:

Councilman Mahler 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 2004 $ 16,009.23

CURRENT 2005 $ 73,872.80

CURRENT PRE-PAID $278,196.22

WATER OPERATING 2004 $ 6,833.05

WATER OPERATING 2005 $ 2,348.05

WATER OPERATING PRE-PAID $ 45,327.75

GENERAL CAPITAL 11,433.86

DOG DEDICATED 4.20

RECREATION TRUST FUND 1,343.95

UNEMPLOYMENT/DISABILITY 8,657.05

PUBLIC ASSISTANCE __16,655.00__

TOTAL VOUCHERS $ 460,632.26

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the resolution adopted and forthwith approved it.

APPROVED: February 14, 2005

___________________________

Warren Hagstrom

Mayor

Payrolls:

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

Payroll #1 p/e 01/15/05 $363,461.51

Payroll #2 p/e 01/28/05 _ 176,612.55_

Payroll Total $363,461.51

GRAND TOTAL $824,142.77

On roll call, all voted yes, except Councilman Pettet who abstained and the Mayor declared the resolution adopted and forthwith approved it.

APPROVED: February 14, 2005

_______________________________

Warren Hagstrom

Mayor

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiation/Personnel

On entertainment of the Mayor, Councilmen O’Connell and Pasquariello 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) Potential and Threatened Litigation.

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

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

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

RECONVENEMENT:

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

On roll call, all were present.

ADJOURNMENT:

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

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:00 P.M.

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Katherine J. Falone, RMC, CMC

Municipal Clerk