January 10, 2005

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, January 10, 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, Theoharous. The Mayor declared a quorum. The Borough Attorney Anthony Fiorello was absent and the Borough Engineer Michael Cristaldi was 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 – Special Police Officers:

The Mayor administered the Oaths of Office to the new Special Police Officers.

MINUTES:

Regular Meeting of December 13, 2004 and Re-Organization Meeting of January 1, 2005.

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

On roll call, all voted yes, except Councilman Theoharous who abstained on the December 13^th Minutes, and the Mayor declared the motion carried.

ORDINANCES:

Introduction of Ord. #1-0-05:

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

First Aid Squad Building

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that Ordinance #1-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, 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.

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell 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 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 February 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, and the Mayor declared the motion carried.

Introduction 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 Theoharous and Pasquariello moved that Ordinance #2-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, 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.

On entertainment of the Mayor, Councilmen Theoharous and Pasquariello and 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 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 February 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, and the Mayor declared the motion carried.

Introduction of Ord. #3-0-05:

Re: Amend Parking Regulations on Ringwood Avenue

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

On roll call, all voted yes, 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.

On entertainment of the Mayor, Councilmen Mahler and Balunis and 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 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 February 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, and the Mayor declared the motion carried.

Introduction of Ord. #4-0-05:

Re: Water Capital Appropriation – Decker Road

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that Ordinance #4-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

On roll call, all voted yes, 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.

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell and 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 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 February 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, and the Mayor declared the motion carried.

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

No one came forward.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Application for Raffle License:

Re: Saint Francis of Assisi Home School Association – RA:615

Resolution #27-0-05:

Re: Refund of Tax overpayments on various properties – Total $3,531.76

WHEREAS, there exist tax overpayments on the properties listed herein:

BLOCK LOT AMOUNT

200.01 21 250.00

200.18 3C0068 1639.61

221 10 1642.15

WHEREAS, the owners have requested a refund of said overpayments;

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $3531.76 as per the certification of the Tax Collector.

Resolution #28-0-05:

Re: Cancel balance of Taxes due on Block 479, Lot 5.1

WHEREAS, the State of New Jersey has purchased the property known as Block 479, Lot 5.1; and

WHEREAS, the State of New Jersey is exempt from paying property Taxes;

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector shall cancel the balance of Taxes due on the referenced property in the amount of $6.36 as per the direction of the Governing Body.

Resolution #29-0-05:

Re: Cancel Tax overpayments on Block 456, Lot 15 - $9.50, Block 255, Lot 6 –

$1,160.32

WHEREAS, there exist tax overpayments on the properties listed herein:

BLOCK LOT AMOUNT

456 15 9.50

255 6 1160.32

WHEREAS, attempts have been made to refund said overpayments without response;

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall cancel a total of $1169.82 in Tax overpayments as per the certification of the Tax Collector.

Resolution #30-0-05:

Re: Redemption of Tax Sale Certificate #040077 on Block 267, Lot 14 in the amount

Of $11,618.84

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 267 Lot 14 for which Tax Sale Certificate #040077 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 $11,618.84 as per the certification of the Tax Collector.

Resolution #31-0-05:

Re: Additional interest due Tax Sale Certificate #040091 on Block 463, Lot 7 in the

Amount of $41.71

WHEREAS, a redemption of Tax Sale Certificate was made July, 2004 for Tax Sale Certificate #040091; and

WHEREAS, Dennis Moeller, the lien holder was issued the redemption amount, however, through a computer miscalculation the incorrect amount was paid.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall issue an additional refund to the lien holder in the amount of $41.71 as per the certification of the Tax Collector.

Budgetary Transfers:

BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2005 Local Municipal Budget be approved;

BE IT FURTHER RESOLVED that the proper Borough Officers are hereby directed to enter the said transfers on the financial records of the Borough:

FROM TO

Telephone $ 1,500.00 Board of Health $ 1,500.00

4-CU-146-201 4-CU-134-299

Tax Assessment – $ 3,000.00 Public Buildings – $ 3,000.00

S & W S & W

4-CU-099-107 4-CU-099-117

Health – S & W $10,000.00 Police – S & W $10,000.00

4-CU-132-261 4-CU-141-217

Payment to Treasurer, State of New Jersey re:

Re: 4^th Quarter State Training Fees – Construction Code in the amount of $7,456.00

Membership Application for Wanaque Borough Volunteer Fire Department:

Re: Christopher Ledwith – Company #1 effective immediately (Pending results

from Occupational Health

On entertainment of the Mayor, Councilmen Mahler and Balunis moved a motion to approve the aforementioned Consent Agenda.

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

REGULAR REPORTS - PROFESSIONAL REPORTS:

1. Clerk's Receipts ‑ NONE.

2. Police Department Report - NONE.

3. Tax Collector's Report for December 2004 ‑ NONE.

4. Municipal Court Report for December 2004 ‑ $6,170.00.

5. Welfare Report for December 2004 - NONE.

On entertainment of the Mayor, Councilmen Mahler 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.

___________________________

Warren Hagstrom

Mayor

Engineer:

The Borough Engineer said I have no report.

Attorney:

The Borough Attorney was absent.

Administrator:

The Borough Administrator reported on the Emergency Management Plan. We met with the contractor for Ringwood Avenue regarding some of the problems – will address them in the Spring. There was an article in the Suburban Trends on Pulte. If Pulte were built now the homeowner would be assessed $1,000.00 less no one said it would reduce taxes by fifty percent. Analysis had not built Foodtown Ramapo Mountain average homeowner would pay $500.00 more had interchange not been put in. Ratables add more and put dollars in homeowners pockets. We’re going to struggle and do the best we can with it to reduce the burden to the homeowner had Skylands Clean and other organizations not pay five thousand dollars not six thousand dollars. The article is not correct. We have the actual facts and numbers.

COMMUNICATIONS:

Letter from the Borough of Hawthorne:

Re: Proclamation commemorating Walter Porter

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

WHEREAS, in the ever changing world we live in, the Borough of Wanaque has been blessed with the steady representation of Walter J. Porter Jr. as a Passaic County Freeholder; and

WHEREAS, Walter J. Porter Jr. has represented the interests of the Borough of Wanaque and those of Passaic County for the past twenty-four years; and

WHEREAS, as a lifelong Paterson resident, Walter J. Porter Jr. has always put the needs of Passaic County first; and

WHEREAS, Walter J. Porter Jr. has earned a reputation of being an honest and fair elected representative, and has always been a man of his word; and

WHEREAS, the “Dean of the Freeholders” Walter J. Porter Jr. is leaving the Passaic County Board of Chosen Freeholders after twenty four years of service, and will be missed by all of the residents of Passaic County, especially senior citizens, veterans, and law enforcement agencies whom he held close to his heart.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that, on behalf of all residents of the Borough, it extends its best wishes and thanks for your devotion to a job that you truly loved; and

BE IT FURTHER RESOLVED, that Walter J. Porter Jr. and his wife Mildred be blessed with good health and happiness in the years to come.

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

NEW BUSINESS:

Storm Sewer Easement – 966 Ringwood Avenue:

Held.

Application for Liquor License Transfer – Person to Person:

Re: Price Rite Liquors, Inc. to D.N.P. Enterprises, L.L.C. – License

#1613-44-018-007 – Resolution #32-0-05

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

WHEREAS, an application has been filed for a person to person transfer of Plenary Retail Distribution License #1613-44-018-007 heretofore issued to Price Rite Liquors, Inc. to D.N.P. Enterprises, L.L.C. for premises located at 382 Ringwood Avenue, Wanaque, New Jersey 07465; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local Ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council hereby approve, effective January 10, 2005, the transfer of the aforesaid Plenary Retail Distribution License subject to the closing of title, and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all its terms and conditions, is hereby transferred to D.N.P. Enterprises, L.L.C., effective January 10, 2005.”

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

Appointment of two (2) Ethics Committee Members:

The Mayor appointed Reverend Donald DeGroat to the Ethics Committee.

Closed Session:

Re: Litigation/Negotiation/Personnel

Held to the end of the meeting.

Appointment of a Planning Board Member – Class IV – Four Year Term:

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion to appoint William Rucci to a four (4) Year Term on the Planning Board, David Slater as an Alternate #1 for a one (1) Year Term to the Planning Board and Eileen Ventrella to a four (4) Year Term on the Library Board.

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

UNFINISHED BUSINESS:

Meadowbrook Avenue Trees:

RESOLUTIONS:

Resolution #33-0-05:

Re: Issue $1,512,850 Bond Anticipation Notes

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

EXTRACT from the minutes of a regular meeting of the Borough Council of the Borough of Wanaque, in the County of Passaic, New Jersey, held at the Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey, on January 10, 2005, at 8:00 o’clock P.M.

PRESENT: Councilman Balunis, Councilman Mahler, Councilman O’Connell, Councilman Pasquariello, Councilman Theoharous

ABSENT: NONE

* * *

Councilman Pasquariello introduced and moved the adoption of the following resolution and Councilman Mahler seconded the motion:

RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,512,850 BOND ANTICIPATION NOTES OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY.

BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AS FOLLOWS:

Section 1. Pursuant to a bond ordinance of The Borough of Wanaque, in the County of Passaic (herein called “local unit”) entitled: “Bond ordinance providing for construction or reconstruction of sidewalks along a portion of Ringwood Avenue in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $375,000 therefor, directing a special assessment of the cost thereof, and authorizing the issuance of $357,000 bonds or notes of the Borough for financing the same”, finally adopted on March 13, 2003 (#8-0-03), Bond Anticipation Notes of the local unit in a principal amount not exceeding $357,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 2. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for acquisition of lands in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $500,000 therefor and authorizing the issuance of $476,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on October 13, 2003 (#20-0-03), Bond Anticipation Notes of the local unit in a principal amount not exceeding $476,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 3. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of Fourth Avenue and Decker Road in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $609,000 therefor and authorizing the issuance of $278,100 bonds or notes of the Borough for financing such appropriation”, finally adopted on April 12, 2004 (#4-0-04), Bond Anticipation Notes of the local unit in a principal amount not exceeding $278,100 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 4. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of the water supply and distribution system in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $251,000 therefor and authorizing the issuance of $251,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on April 12, 2004 (#5-0-04), Bond Anticipation Notes of the local unit in a principal amount not exceeding $251,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 5. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the acquisition of lands in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $167,500 therefor and authorizing the issuance of $150,750 bonds or notes of the Borough for financing such appropriation”, finally adopted on July 12, 2004 (#16-0-04), Bond Anticipation Notes of the local unit in a principal amount not exceeding $150,750 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 6. Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey, particularly paragraph (f) thereof and in lieu of the sale of more than one issue of bonds as provided for in said Local Bond Law, the several issues of bonds of this local unit authorized pursuant to bond ordinances of the local unit hereinabove in Sections 1 through 5 described, shall be combined into a single and combined issue of bonds in the principal amount of $1,512,850.

Section 7. The following matters in connection with said Bond Anticipation Notes are hereby determined:

(a) All notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the local unit, provided that no note issued pursuant to Sections 1 through 5, inclusive, hereof shall mature later than (i) one year from the date of the first such note issued pursuant to the respective ordinances referred to in said Sections, and (ii) three years from the date of the first note issued pursuant to each such respective ordinance unless the local unit shall have paid and retired amounts of such notes sufficient to allow it, in accordance with provisions of Section 40A:2-8 of the Local Bond Law, to renew a portion thereof beyond the third anniversary date of the first of such notes;

(b) All notes issued hereunder shall bear interest at such rate or rates as may be determined by the chief financial officer of the local unit; and

(c) The notes shall be in the form prescribed by resolution heretofore adopted by the governing body of this local unit determining the form of Bond Anticipation Notes issued pursuant to the Local Bond Law, and any such notes may be signed or sealed by officers of the local unit in any manner permitted by Section 40A:2-25 of said Local Bond Law notwithstanding that said form or resolution may otherwise provide.

Section 8. The chief financial officer of the local unit is hereby authorized and directed to determine all matters in connection with said notes not determined by this or a subsequent resolution, and the signature of the chief financial officer upon said notes shall be conclusive as to such determinations.

Section 9. The chief financial officer of the local unit is hereby authorized to sell said Bond Anticipation Notes from time to time at public or private sale in such amounts as the chief financial officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.

Section 10. Any instrument issued pursuant to this resolution shall be a general obligation of the local unit, and the local unit’s faith and credit are hereby pledged to the punctual payment of the principal of and interest on said obligations and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.

Section 11. The chief financial officer of the local unit is authorized and directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the notes sold, the price obtained and the name of the purchaser.

Section 12. The chief financial officer of the local unit is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of said notes to the purchasers thereof as promptly as possible, including (i) the preparation, execution and dissemination of a Preliminary Official Statement and Final Official Statement with respect to said notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to said notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to said notes in accordance with Rule 15c2‑12 promulgated by the Securities and Exchange Commission and (iv) execution of an arbitrage and use of proceeds certificate certifying that, among other things, the local unit, to the extent it is empowered and allowed under applicable law, will do and perform all acts and things necessary or desirable to assure that interest paid on said notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended.

Section 13. This resolution shall take effect immediately.

Upon motion of Councilman Pasquariello, seconded by Councilman Mahler, the foregoing resolution was adopted by the following vote:

AYES: Councilman Balunis, Councilman Mahler, Councilman O’Connell, Councilman Pasquariello, Councilman Theoharous

NOES: NONE

Resolution #34-0-05:

Re: Opposing A-3529 – Disability Pension Enhancement

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

WHEREAS, on November 8, 2004, the New Jersey Superior Court, Appellate Division reaffirmed that Government workers cannot receive both a full ordinary disability pension and workers compensation benefits at the same time for the same injury; and

WHEREAS, on November 22, 2004, A-3529 was introduced in response to this court decision to permit a such a double payment retroactive to August 1997, and this bill later has its second reading and is now awaiting a full Assembly vote; and

WHEREAS, if A-3529 is adopted, Government workers will receive substantially more income while out on workers compensation than they would receive if still on the job, and the language of this bill purports to “restore” a benefit which never existed in the law; and

WHEREAS, if A-3529 is adopted, it will have a significant negative financial impact on New Jersey’s already fiscally stressed Municipalities;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Municipality of Wanaque joins with the New Jersey League of Municipalities and the Municipal Excess Liability Fund in urging you to oppose A-3529 and to support the referral of A-3529 to the Pension and Health Benefits Review Commission for further fiscal analysis; and

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to Acting Governor Codey, to our State Senator and to our representatives in the General Assembly, as well as to the New Jersey League of Municipalities.

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

Resolution #35-0-05:

Re: Sale of Borough Property

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

WHEREAS, the Borough of Wanaque, by Ordinance 21-0-03 authorized the sale of certain property owned by the Borough of Wanaque pursuant to N.J.S.A.:12-13(B)(5); and

WHEREAS, pursuant thereto, the Borough of Wanaque did conduct an open public auction for the sale of Borough owned property and did properly advertise the same in accordance with law; and

WHEREAS, a public auction was held on January 20, 2004 at the appointed time and place, and the Borough did receive bids for certain of the properties offered for sale; and

WHEREAS, the Borough has determined it to be in the best interests of the Borough and the citizens of the Borough of Wanaque to accept the bids offered for particular parcels of land;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OR THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC, NEW JERSEY, as follows,

1) The Borough does hereby accept bids on parcels of land located in the Borough of Wanaque by bidders, as set forth on annexed Exhibit A.

2) The Borough of Wanaque is hereby authorized to sell the properties annexed under Exhibit A, to the said bidders, for the sales prices noted therein.

3) The Mayor of the Borough of Wanaque and the Borough Clerk of the Borough of Wanaque are hereby authorized and empowered to execute such deeds and title instruments as may be necessary and proper, and as prepared and approved by the Wanaque Borough Attorney, in order to convey title to the property designated under Exhibit A, and to receive the funds therefor, in accordance with law.

4) The sale of the aforesaid parcels of property are deemed and determined to be in the best interests of the Borough of Wanaque and its citizens.

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

Resolution #36-0-05:

Re: Capital Budget Amendment

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

WHEREAS, the Borough of Wanaque desires to constitute the 2005 Temporary Capital Budget of said Municipality by inserting therein the following project:

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Wanaque as follows:

Section 1. The 2005 Temporary Capital Budget of the Borough of Wanaque is hereby constituted by the adoption of the schedule to read as follows:

Temporary Capital Budget of the

Borough of Wanaque

County of Passaic, New Jersey

Projects Scheduled for 2005

Method of Financing

Capital

Estimated Budget Imp. Capital

Project Costs Grants Appr. Fund Fund Surplus Bonds

Improvement to $210,000 $10,000 $200,000

the First Aid

Squad Building

Supp. $125,000 $6,000 $119,000

Appropriation

Improvement to

Fourth Avenue &

Decker Road

$335,000 $16,000 $319,000

Section 2. The Clerk be and is authorized and directed to file a certified copy of this Resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for 2005 Temporary Capital Budget, to be included in the 2005 Permanent Capital Budget as adopted.

Roll Call: Councilman Balunis, Councilman Mahler, Councilman O’Connell, Councilman Pasquariello, Councilman Theoharous.

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

Resolution #37-0-05:

Re: Appointment of New Council Member

The Mayor read the following letter:

Warren Hagstrom

52 Furnace Avenue

Wanaque, New Jersey 07465

January 7, 2005

Borough of Wanaque

579 Ringwood Avenue

Wanaque, New Jersey 07465

Attention: Katherine Falone

Municipal Clerk

Re: Council Vacancy

Dear Ms. Falone:

Please be advised the County Committee met and the three names to be submitted for the vacancy of Councilman Monks is as follows:

Thomas Luciani

11 Belmont Avenue

Wanaque, New Jersey 07465

Robert Pettet

94 Tremont Terrace

Wanaque, New Jersey 07465

Andrew Bolduc

14 Toquet Street

Haskell, New Jersey 07420

Very truly yours,

Warren Hagstrom

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

BE IT RESOLVED that Robert Pettet, 94 Tremont Terrace, Wanaque, New Jersey 07465 be and he is hereby appointed as a Councilman to fill the unexpired term of Stephen Monks which expires on December 31, 2005.

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

Resolution #38-0-05:

Re: Award Contract – 2005 Ford Crown Victoria (State Contract)

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

BE IT RESOLVED that a contract be awarded to Winner Ford of Cherry Hill, 250 Haddonfield – Berlin Road, Cherry Hill, New Jersey 08034 under New Jersey State Contract #A45069 for one (1) 2005 Ford Crown Victoria Police Car, at the State bid price of $20,870.13; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified funds are available in budget account 5-CU-125-263.

On roll call, all voted yes, 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 $152,183.10

CURRENT PRE-PAID $105,254.29

WATER OPERATING 24,659.28

WATER OPERATING PRE-PAID 196.30

GENERAL CAPITAL 22,831.45

ESCROW FUND 7,358.50

RECREATION TRUST FUND 12,115.20

MUNICIPAL ALLIANCE/AWARE 578.50

PUBLIC ASSISTANCE 3,537.26

RECYCLING TRUST 3,727.40

OTHER TRUST ___ 492.01__

TOTAL VOUCHERS $ 332,933.29

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

APPROVED: January 10, 2005

___________________________

Warren Hagstrom

Mayor

Payrolls:

Councilmen Mahler and Theoharous moved a resolution approving the following payrolls:

Payroll #25 p/e 12/16/04 $184,196.51

Payroll #26 p/e 12/30/04 _ 186,125.97_

Payroll Total $370,322.48

GRAND TOTAL $703,255.77

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

APPROVED: January 10, 2005

_______________________________

Warren Hagstrom

Mayor

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiation/Personnel

On entertainment of the Mayor, Councilmen Theoharous and Balunis 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) Personnel.

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 roll call, all were present.

ADJOURNMENT:

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

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 8:40 P.M.

__________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk