July 25, 2005

A Business Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, July 25, 2005, at 7:00 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, Theoharous. Councilmen Pasquareillo and Pettet were absent. 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 Business Meeting of the Mayor and Council and adequate notice of this meeting has been provided by the Mayor and Council by e-mailing notice of this meeting to the Suburban Trends and the Herald News newspapers on June 30, 2005 stating therein that this meeting would be held on Monday, July 25, 2005 at the time of 7:00 P.M. in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy of this notice was posted on the bulletin board in the Wanaque Municipal Building on June 30, 2005 and a copy is on file in the office of the Municipal Clerk.

MINUTES:

Regular Meeting of June 13, 2005.

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

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

PRESENTATION:

Wanaque Soccer and Lancer Soccer Sports Awards – 7:45 P.M.

Held to the end of the meeting.

ORDINANCES:

Introduction of Ord. #17-0-05:

Re: Underage Drinking

On entertainment of the Mayor, Councilmen O’Connell and Mahler moved that Ordinance #17-0-05 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 Acting 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 47, ALCOHOLIC BEVERAGES, TO ESTABLISH ARTICLE III, PROHIBITING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 47, ALCOHOLIC BEVERAGES, TO ESTABLISH ARTICLE III, PROHIBITING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS 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 8th day of August 2005, at the Municipal Building in the Borough of Wanaque at 7:00 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 Acting Mayor declared the motion carried.

COMMITTEE REPORTS:

Councilman Balunis:

Councilman Balunis reported regarding recreation there will be a presentation of sports award certificates for the soccer teams tonight. The Little league team made the finals and football and soccer will be getting underway soon. The Board of Education awarded a contract to Green Acres Company in the amount of $261,000 and the work should be completed by September 1^st hopefully. There is a meeting tomorrow night moving board offices in the basement of Haskell School. Submitted an application to the State for matching funds for referendum items.

Councilman Mahler:

Councilman Mahler said I have no report.

Councilman O’Connell:

Councilman O’Connell reported at the Board of Adjustment meeting they moved through a couple of items and held a couple of items and there will be no meeting for August.

Councilman Theoharous:

Councilman Theoharous thanked everyone for their support during the passing of my wife.

PROFESSIONAL REPORTS/RESOLUTION REVIEW:

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

Tim McQuillen, 1323 Ringwood Avenue, Wanaque spoke about a letter his wife sent to the Mayor, asked if the Mayor read the letter, it needs an immediate response and no one responded yet. The letter was read. When was Elm Street turned into a dead end street? There is plastic netting across the road and a no trespassing sign. Has the Chief investigated it yet?

The Police Chief said not yet.

Tim McQuillen spoke about Alpha Street and will the obstacles be removed? Childrens safety is affected yet and will be keeping on you until it’s resolved.

Sandy Lawson, 28 Haskell Avenue, Haskell asked about the status of item 13.1 on the agenda and if the holes in the road on Fourth Avenue is from doing testing.

The Borough Administrator said I believe that is what they are doing.

Sandy Lawson asked if you purchase the property and it falls through is it contingent on whether the other site was developed.

The Borough Administrator said no.

Sandy Lawson asked about the Pulte status and are they putting the water main in this week? The final paving is an $800,000.00 deficit?

The Borough Administrator said there are $400,000.00 in change orders and one additional change order yet mostly for water connections to Ringwood Avenue.

Sandy Lawson gave her condolences to Councilman Theoharous.

John Maiello, 26 Rhinesmith Avenue, Wanaque spoke about the buildings being taken down and Boris’ looks old and needs something to be done.

John Gammero, 6 Shepherd Drive, Wanaque said there is a major water problem by his house it ruined the driveway, sidewalks and the ice conditions in winter are a total mess for the last eight years. Water runs down Bean Court from the storm drain. Recommend pictures be taken and if I get sued the town is going to be sued.

The Borough Administrator said the Borough Engineer will take a look at it.

Penny Anson, Shady Avenue, Haskell asked if the parking lot where Jack’s hardware was is going to be paved?

The Borough Administrator said it’s going to be left as stone for now and have the contractor come back to put in brick.

The Mayor closed the Public Discussion.

Engineer:

The Borough Engineer reported Ringwood Avenue is moving along. We had a preconstruction meeting for the Wanaque First Aid Squad Roof and hopefully they will start as soon as things get worked out. The Decker Road reconstruction is moving along and should know the time frame soon.

Attorney:

The Borough Attorney reported regarding the Sassafras property (Holiday Inn) signed the developer’s agreement and is being forwarded. The A & P case against Stop and Shop has been filed for processing and case depositions to be taken and will keep you posted.

Administrator:

The Borough Administrator reported the Ringwood Avenue reconstruction is finally getting to the end, the barriers should be moved by Wednesday and should finish the road paving. There was an article in the paper on Sunday regarding the over cost of the water and walls which was not correct. Have been working on the redevelopment plan with Bob Benecke.

The Mayor said we have been having a problem with street signs being stolen in town and I would like to commend the police department for their diligence.

REGULAR REPORTS - PROFESSIONAL REPORTS:

1. Clerk's Receipts ‑ NONE.

2. Police Department Report - NONE.

3. Tax Collector's Report for June 2005 ‑ NONE.

4. Municipal Court Report for May 2005 ‑ $24,369.25.

June 2005 - $27,194.27.

5. Welfare Report for June 2005 - NONE.

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

CONSENT AGENDA:

Seven (7) Applications for Raffle Licenses:

Re: 1) Lakeland Chorale Association – RL:629, RL:630, RL:631 and RL:632,

2) The Journey within a Center for Spiritual Evolvement – RL:633 and RL:

634, 3) Saint Francis of Assisi Home School Association – RL:635

Application for Bingo License:

Re: Saint Francis of Assisi Home School Association – BL:178

Resolution #98-0-05:

Re: Redemption of Tax Sale Certificates #000038 and #020057 for Block 410, Lot

39 in the amount of $387.13 and $40,190.05

WHEREAS, a Tax Sale was held for 1999 and 2001 delinquent Municipal charges on August 17, 2000 and May 20, 2002 respectfully, and

WHEREAS, JN Properties was the successful bidder for Block 410 Lot 39 for which Tax Sale Certificate #’s 000038 and 020057 were 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 amounts of $387.13 and $40190.05 as per the certification of the Tax Collector.

Resolution #99-0-05:

Re: Redemption of Tax Sale Certificate #040083 for Block 408, Lot 8 in the amount

of $49,900.98

WHEREAS, a Tax Sale was held for 2003 delinquent Municipal charges on and May 25, 2004 respectfully, and

WHEREAS, R. Rothman was the successful bidder for Block 408 Lot 8 for which Tax Sale Certificate # 040083 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 $49,900.98 as per the certification of the Tax Collector.

Resolution #100-0-05:

Re: Cancel Taxes on Block 431, Lot 8 in the amount of $2,272.50 and Block 200.12,

Lot 11 in the amount of $7,903.25

WHEREAS, the Borough of Wanaque purchased a portion of the property known as Block 431 Lot 8 in November, 2004 and Bethany Church Assemblies of God purchased Block 200.12 Lot 11; and

WHEREAS, the 2005 assessment of the property does not reflect such purchase;

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector shall cancel Taxes due on the referenced property in the amount of $2,272.50 for Block 431 Lot 8 and the amount of $ 7,903.25 for Block 200.12 Lot 11 as per the direction of the Governing Body.

Resolution #101-0-05:

Re: Appointment of Part-Time Communications Operator

BE IT RESOLVED that Donald Zofrea, 2 Milton Place, Haskell, New Jersey 07420 be and he is hereby appointed as a Part Time Communications Operator, effective June 22, 2005 at an hourly rate of $14.93.

Resolution #102-0-05:

Re: 2004 Audit

WHEREAS, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have an annual audit of its books, accounts and financial transactions; and

WHEREAS, The Annual Report of Audit for the year 2004 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A: 5-6, and a copy has been received by each member of the Governing Body; and

WHEREAS, Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

WHEREAS, The Local Finance Board has promulgated a regulation requiring that the Governing Body of each municipality shall by Resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the Annual Audit entitled:

General Comments

Recommendations

and

WHEREAS, The members of the Governing Body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

General Comments

Recommendations

as evidenced by the group affidavit form of the Governing Body; and

WHEREAS, Such Resolution of certification shall be adopted by Governing Body no later than forty-five days after receipt of the Annual Audit, as per the regulations of the Local Finance Board; and

WHEREAS, All members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52 - to wit:

R.S. 52:27BB-52 - “A local officer or member of a local Governing Body who, after a date fixed for compliance fails or refuses to obey an order of the Director of Local Government Services, under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than on thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.”

NOW, THEREFORE, BE IT RESOLVED, That the Governing Body of the Borough of Wanaque, hereby states that it has compiled with the promulgation of the Local Finance board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON July 25, 2005.

Refund of additional amount for deposit for Sidewalk Replacement – Permit #1963

Edward Kruithof, 87 Aldrin Drive, Wanaque in the amount of $130.00

Resolution #103-0-05 – Authorize the filing of the 2006 Municipal Alliance Grant

Application:

BE IT RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize the filing of the 2006 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 2005 Alliance to Prevent Alcoholism and Drug Abuse, for a grant amount of $56,400 and cash amount of $14,100; 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.

Resolution #104-0-05:

Re: Authorize the Mayor to execute the Municipal Alliance Agreement for

A.W.A.R.E. A.S.A.P. for the year 2006

BE IT RESOLVED that the Mayor be and he is hereby authorized to execute the 2006 Municipal Alliance Grant Application for A.W.A.R.E. A.S.A.P.

Resolution #106-0-05:

Re: Approve Easement #2 for Storms Avenue Water Main and Pump Station

WHEREAS, Pulte Homes has agreed to make certain improvements to the Wanaque Water system, which includes installing underground pipes for water detention purposes; and

WHEREAS, Pulte Homes has entered into a Deed of Easement with Joan Ruggiero and Reynold Bailey, 43 Storm Avenue, Haskell, N.J. for the purpose of securing an easement to construct these improvements on Block 403, Lot 70; and

WHEREAS, upon completion of the construction of these improvements, the easement and improvements will be the responsibility of the Borough of Wanaque.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute a Deed of Easement, dated between Joan Ruggiero and Reynold Bailey, Pulte Homes, and the Borough of Wanaque for the property located at Block 403, Lot 70 in the Borough of Wanaque

Resolution #107-0-05:

Re: Appoint Water Treatment Plant Operator

BE IT RESOLVED that Joan Hellinski, P.O. Box 246, Ringwood, New Jersey be

and is hereby appointed as the licensed Water Treatment Plant Operator effective August 1, 2005 at an annual salary of $6,272.00.

Resolution #105-0-05:

Re: Credit Card Receipts for Municipal Court

BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby

authorized to execute the Corporate Resolution and Merchant Application for the acceptance of Visa and Mastercard by the Municipal Court.

Resolution #108-0-05:

Re: Approve AFLAC Plan Amendment

BE IT RESOLVED that the Borough Administrator be and is hereby authorized

and directed to execute the amendment to the FLEX ONE cafeteria plan documents as provided by AFLAC.

Resolution #55-0-05:

Re: Amend Deferred Compensation Plan

WHEREAS, the Borough of Wanaque (hereinafter referred to as the "Employer") by resolution adopted a Deferred Compensation Plan (hereinafter referred to as the "Plan") effective April 8, 2002, for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and

WHEREAS, section 657 of the Economic Growth and Tax Relief Reconciliation Act of 2001 amended Section 402(a)(31)(B) of the Internal Revenue Code (the "Code"); and

WHEREAS, the Employer desires its Plan to conform with this change in the Code brought about by the Economic Growth and Tax Relief Reconciliation Act of 2001; and

WHEREAS, such amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this amendment;

NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts the attached Amendment (22-PD-VALIC-E657A033005) to Deferred Compensation Plan Document (22-PD-VALIC-E121201) to be part of and incorporated into its existing Deferred Compensation Plan Document.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services.

I, Katherine J. Falone, Municipal Clerk of the Employer, in the County of Passaic and the State of New Jersey, do hereby certify the foregoing to be a true and correct copy of a RESOLUTION adopted by the Employer on the 25 day of July, 2005.

Witness my hand and seal of the Employer on the 25^th day of July, 2005.

Resolution #109-0-05:

Re: Final Payment to Netrix, Inc. – Demolition of 1075 Ringwood Avenue in the

amount of $31,000.00

BE IT RESOLVED that final payment be made to Netrix Inc., 95 Berkshire

Avenue, Paterson, N.J. in the amount of $31,000 for the demolition of the property at 1075 Ringwood Avenue.

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.

COMMUNICATIONS:

Letter from Wanaque Recreation:

Re: Tennis Courts – Back Beach

The Borough Administrator said the tennis courts have been repaired over the years but they really need to be reconstructed.

On entertainment of the Mayor, Councilmen Balunis and O’Connell moved a motion to authorize the reconstruction of the tennis courts at Back Beach.

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

NEW BUSINESS:

Department of Transportation Letter – Ringwood Avenue Property:

The Borough Administrator said the property by Dunkin Donuts was offered to the Borough from the State and is mostly wetlands and in a flood plain.

On entertainment of the Mayor, Councilmen O’Connell and Mahler moved a motion to authorize the Administrator to investigate the property with the State.

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

The Mayor asked who maintains the property under the Department of Transportation bridge on Ringwood Avenue? There are pigeons that have nests there and there is garbage all over the side of the road.

The Borough Administrator said the Department of Transportation maintains the property. We will contact the Department of Transportation.

Closed Session:

Re: Litigation/Negotiation/Personnel

Held to the end of the meeting.

UNFINISHED BUSINESS:

Resolution #95-0-05:

Re: Designate Redeveloper Candle Factory Site (HOLD)

Held.

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 $ 701.00

CURRENT 2005 344,021.71

CURRENT PRE-PAID 32,286.21

WATER OPERATING 54,584.83

WATER OPERATING PRE-PAID 1,774.41

GENERAL CAPITAL 72,923.73

ESCROW BOOKKEEPER 3,240.10

DOG DEDICATED 60.00

RECREATION TRUST FUND 4,585.97

OTHER TRUST 230.00

UNEMPLOYMENT/DISABILITY 568.40

PUBLIC ASSISTANCE __ 13,347.50__

TOTAL VOUCHERS $528,323.86

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

APPROVED: July 25, 2005

___________________________

Warren Hagstrom

Mayor

Payrolls:

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

Payroll #12 p/e 06/17/05 $177,196.55

Payroll #13 p/e 07/01/05 _ 176,163.99_

Payroll Total $353,360.54

GRAND TOTAL $881,684.40

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

APPROVED: July 25, 2005

_______________________________

Warren Hagstrom

Mayor

PRESENTATION:

Wanaque Cougar Soccer and Lancer United Soccer:

The Mayor and Councilman Balunis presented the Sports Award Certificates to the Wanaque Cougar Soccer and Lancer United Soccer teams.

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiation/Personnel

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

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, (N.J.S.A. 10:4-1) permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, This public Body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque, County of Passaic, State of New Jersey, as follows:

1. The public shall be excluded from discussion of action upon the hereinafter specified subject matter.

2. The general nature of the subject matter to be discussed is as follows:

1) Contract Negotiations and 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 entertainment of the Mayor, Councilmen Mahler and O’Connell moved a motion to reconvene.

On roll call, all were present.

On entertainment of the Mayor, Councilmen O’Connell and Mahler moved a motion for the items in Closed Session.

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

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 8:40 P.M.

__________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk