April 18, 2005

June 13, 2005

A Business Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, June 13, 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, Pasquariello, Pettet. Councilman Theoharous was 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 May 18, 2005 stating therein that this meeting would be held on Monday, June 13, 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 May 13, 2005 and a copy is on file in the office of the Municipal Clerk.

MINUTES:

Regular Meeting of May 16, 2005.

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

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

APPEARANCE:

Robert Benecke – Economic Development Consultant:

Held to the end of the meeting.

ORDINANCES:

Adoption of Ord. #12-0-05:

Re: Increase in Development Fees

Tabled.

Public Hearing of Ord. #14-0-05:

Re: Appropriate $12,500 from CIF for Demolition of 1075 Ringwood Avenue

On entertainment of the Mayor, Councilmen Mahler and Balunis moved a motion that Ordinance #14-0-05 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

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

The Clerk took from the table and read by title only as follows: AN ORDINANCE APPROPRIATING $12,500.00 FROM THE CAPITAL IMPROVEMENT FUND FOR THE DEMOLITION OF 1075 RINGWOOD AVENUE IN THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC.

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.

John Maiello, 26 Rhinesmith Avenue, Wanaque spoke about where the building is being demolished to put additional parking since there is no parking in the center of town.

Lori Bull, 14 Prospect Street, Wanaque asked how they are going to demolish the building.

The Borough Administrator said they are going to demolish the building from the back to the front and then take down the garages in the back also.

The Mayor closed the Public Hearing.

Councilmen Mahler and Balunis moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $12,500.00 FROM THE CAPITAL IMPROVEMENT FUND FOR THE DEMOLITION OF 1075 RINGWOOD AVENUE IN THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and

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

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

Public Hearing of Ord. #15-0-05:

Re: Bond Ordinance - $370,000 for Bergen Avenue Phase II Reconstruction

On entertainment of the Mayor, Councilmen O’Connell and Mahler moved a motion that Ordinance #15-0-05 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

On roll call, all voted yes, 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 BERGEN AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $370,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $108,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH 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 PROVIDING FOR THE IMPROVEMENT OF BERGEN AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $370,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $108,000 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, and the Mayor declared the motion carried.

Public Hearing of Ord. #16-0-05:

Re: Bond Ordinance - $185,000 for Bergen Avenue Phase II Water Main and

Services

On entertainment of the Mayor, Councilmen Pettet and O’Connell moved a motion that Ordinance #16-0-05 be taken from the table and read by the Clerk, by title only, for consideration of final reading.

On roll call, all voted yes, 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 WATER SUPPLY AND WATER SYSTEM IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $185,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $185,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

The Mayor opened the Public Hearing.

No one came forward.

The Mayor closed the Public Hearing.

Councilmen Balunis and Mahler moved that,

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND WATER SYSTEM IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $185,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $185,000 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, and the Mayor declared the motion carried.

COMMITTEE REPORTS:

Councilman Balunis:

Councilman Balunis reported there is not too much going on with Recreation. The summer recreation program at Back Beach has approximately one hundred people signed up for it. The Board of Education meeting is next week. Bids to pave the parking lot will be going out. Specs for a referendum for renovations. The referendum before the end of the year.

Councilman Mahler:

Councilman Mahler read the resignation letter from Bill Gramlich resigning from the Wanaque Valley Regional Sewerage Authority. Would like to recommend Frank Covelli be appointed to the Wanaque Valley Regional Sewerage Authority. Lakeland Regional High School baseball team won the County champs again and have won two out of the last three years also. The band awards are 7:00 P.M. tonight. June 16^th is the senior awards and June 20^th is the graduation.

Councilman O’Connell:

Councilman O’Connell said I have no report.

Councilman Pasquariello:

Councilman Pasquariello reported on the FOP Golf outing and the bids for the Wanaque First Aid Squad roof were received and the contract will be awarded tonight.

Councilman Pettet:

Councilman Pettet reported the Ordinance committee met regarding the Animal Ordinance and they are working on a solution.

PROFESSIONAL REPORTS/RESOLUTION REVIEW:

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

John Maiello, 26 Rhinesmith Avenue, Wanaque thanked the Mayor and Council for the County making the road wider for parking on Ringwood Avenue. Storms Avenue sewer project - 1.5 million came in more than expected. Will there be a cover put over the Sewer Authority so Pulte residents can’t see the facility?

The Borough Administrator said there will be an enclosed building. Money was allocated in the bid for and the money is shared by Pulte and the Sewer Authority it is not covered under the bid. The whole building is not going to be covered.

Lori Bull, 14 Prospect Street, Wanaque spoke about the letter from Bill Gramlich, the liquor license procedure, property on Makemoney Avenue and asked if the accuracy of tax figures is correct for Pulte at $8,000.00.

The Borough Administrator said yes. It’s based on the formula for resale.

The Mayor closed the Public Discussion.

Engineer:

The Borough Engineer reported the Fourth Avenue drainage Current Estimate No. 1 is ready for payment and have the bid results for the Wanaque First Aid Squad Roof.

Attorney:

The Borough Attorney said I have no report except items on the agenda.

Administrator:

The Borough Administrator reported receiving a call from the Water Supervisor that the Haskell well pump broke down and the alarms did not go off. We were close to declaring a water emergency but we got the pump back and in service due to a dedicated water department and Office of Emergency Management. The pump was installed and we avoided a major problem. We’ll have Alaimo Associates to look at the electrical system. It’s old and needs replacing. Ringwood Avenue is moving along, they are putting the pipe in – PSE&G is to come in and drop one hundred feet of pipe. It should be two to three weeks work on the northbound side and then they should flip over and the next side should go quicker. We met with the developer for Holiday Inn and they are getting ready to go. Decker Road is getting ready to start and Fourth Avenue should be about another six weeks then Decker Road should begin. There are no complaints for the new detour route but Whistler Place the road needs work repair. Alaimo Associates to start the process for full reconstruction – sidewalks, road, drainage and water main.

REGULAR REPORTS - PROFESSIONAL REPORTS:

1. Clerk's Receipts ‑ NONE.

2. Police Department Report - NONE.

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

4. Municipal Court Report for May 2005 ‑ $17,877.19.

5. Welfare Report for May 2005 - NONE.

On entertainment of the Mayor, Councilmen Mahler and Balunis 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:

Three (3) Applications for Raffle Licenses:

Re: 1) Saint Francis of Assisi Church – RL:626 and RL:627, 2) A.W.A.R.E.

A.S.A.P. – RL:628

Application for Ice Cream Vendor License:

Re: Cyrus Kinyua – (Approved by the Police Department and the Health Department

Resolution #87-0-05:

Re: Refund of Tax overpayments on various properties in the amount of

$3,754.83

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

BLOCK LOT AMOUNT

271 3 2150.82

439 8 1604.01

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $3754.83 as per the certification of the Tax Collector.

Approval of 2005/2006 Liquor License Renewals – Resolution #88-0-05:

1. A & P Tea Company 6. Gramlich’s

2. Berta’s Chateau 7. Il Palazzo

3. Ernie’s Discount Liquor 8. Crown Liquors

*4. Flip’s Bar – Resolution #89-0-05 9. Phoenix Club – Resolution #90-0-05

5. Provision Foods LTD 10. Roar of the Crowd

*License with Resolution of stipulations and restrictions

(Approval pending completion of inspection reports of establishments)

Resolution #88-0-05:

BE IT RESOLVED, that the Mayor and Council of the Borough of Wanaque do hereby approve through this Resolution the following Liquor License Renewals for the year 2005/2006:

1. The Great Atlantic & Pacific Tea Company - t/a A & P

2. Santina and Peter Berta - t/a Berta’s

3. Price Rite Liquors, Inc. t/a Ernie’s Discount Liquors

4. Joseph Agostino - t/a Flip’s Bar

5. The Gramlich Corporation - t/a Gramlich’s

6. Il Palazzo, Inc. - t/a Il Palazzo

7. T.P. Summer, Inc. – t/a Crown Liquors

8. Phoenix Club, Inc. - t/a Phoenix Club

9. Provision Foods LTD – t/a Tree Tavern

10. B.R. Guest, Inc. – t/a Roar of the Crowd

Resolution #89-0-05:

WHEREAS, Plenary Retail Consumption License No. 1613-32-017-003 was issued to Joseph Agostino by the Borough of Wanaque, permitting the on premises consumption of alcoholic beverages and other activities as are set forth and more fully described in N.J.S.A. 33:1-12 for premises located at 18 Railroad Avenue, Wanaque, New Jersey, said premises being commonly known and designated as "Flip's"; and

WHEREAS, the Mayor and Council of the Borough of Wanaque did recommend certain restrictions be placed on the conduct of the operation of the applicant's premises and license, as a condition of renewal, and the applicant Joseph Agostino having consented to the imposition of such restrictions;

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

1. Plenary Retail Consumption License No. 1613-32-017-003 issued by the Borough of Wanaque to Joseph Agostino for premises located at 18 Railroad Avenue, Wanaque, New Jersey, is hereby renewed through June 30, 2006 with the following restrictions:

a) The licensee Joseph Agostino, or his designee, shall notify the Wanaque Police Department of any disturbances, breaches of the peace, assaults, or of any other conduct detrimental to the public peace and well-being, both within the licensed premises or areas adjacent thereto.

b) The licensee Joseph Agostino, or his designee, shall undertake whatever measures as are necessary or required to control and prevent drinking of alcoholic beverages on the porch or stoop of the licensed premises or in areas immediately adjacent thereto.

c) The licensee Joseph Agostino, or his designee, shall continuously patrol and police the licensed premises so as to keep it clean, free from debris, discarded bottles or cans, and other trash or rubbish.

d) The licensee Joseph Agostino, or his designee, shall establish and institute procedures designed to prohibit fights, brawls, arguments, shouting and disturbing noises, both within the licensed premises and areas immediately adjacent thereto so as to promote public health and safety, especially during late evening and early morning hours and on weekends.

Resolution #90-0-05:

BE IT RESOLVED that Plenary Retail Consumption License No. 1613-32-014-003 issued to Jomon Kalarickal, Kalari Liquors, LLC by the Borough of Wanaque for premises located at 1093 Ringwood Avenue, Haskell, New Jersey, said premises being commonly known and designated as "Phoenix Club" be renewed for the 2005/2006 License Term with the condition that all the violations noted in the inspection report completed by the Police Department be corrected.

Resolution #91-0-05:

Re: Appointment of Stacey Dakake – Nurse Assistant – Part Time

BE IT RESOLVED that Stacy Dakake, 8 Parkway, Riverdale, New Jersey be and is hereby appointed as a Nurse Assistant Part-time, effective June 13, 2005, at an hourly salary of $23.77 per hour.

Appointment of Library Board Member – Alice Beam to fill an unexpired term expiring

December 31, 2006

Request to purchase property – Block 403, Lot 16 – Makemoney Avenue:

Resolution #92-0-05:

Re: Approve Water Utility Easement – Block 403, Lot 70

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 May 20, 2005 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 #93-0-05:

Re: Approve Amendment to Developer’s Agreement – Pulte Communities

WHEREAS, it is necessary to make certain changes to the developer's agreement between the Borough of Wanaque and Pulte Homes, New Jersey, Limited Partnership with respect to water supply and distribution.

NOW, THEREFORE, BE IT RESOLVED THAT THE mayor and Borough Clerk be and are hereby authorized and directed to execute the Second Amended Developer's Agreement between the Borough of Wanaque and Pulte Homes, New Jersey, Limited Partnership.

Resolution #94-0-05:

Re: Appoint replacement for William Gramlich, unexpired term, Wanaque Valley

Regional Sewerage Authority

WHEREAS, William Gramlich was reappointed as a commissioner to the Wanaque Valley Regional Sewerage Authority on February 1, 2003 for a five year term; and

WHEREAS, William Gramlich has resigned from this position due to health reasons, effective immediately; and

WHEREAS, the Governing Body wishes to fill the vacancy.

NOW, THEREFORE, BE IT RESOLVED that Frank Covelli, 61 Rhinesmith Avenue, Wanaque, New Jersey be and is hereby appointed to fill the unexpired term of William Gramlich on the Wanaque Valley Regional Sewerage Authority, which shall expire on January 31, 2008.

Resolution #95-0-05:

Re: Designate Redeveloper Candle Factory Site

Held.

Resolution #96-0-05:

Re: Award Bid – Wanaque First Aid Squad Roof Replacement

WHEREAS, the Borough of Wanaque advertised for and received bids on June 7, 2005 for the replacement of the roof on the Wanaque First Aid Squad building; and

WHEREAS, the following bids were received:

P. Cipollini, Inc. $110,140.00

The Barrettt Company $173,074.00

and;

WHEREAS, the Borough Engineer and Borough Administrator have reviewed the bid of P. Cipollini, Inc and find it to be responsive and responsible.

NOW, THEREFORE, BE IT RESOLVED that a contract for the replacement of the roof at the Wanaque First Aid Squad Building be awarded to P. Cipollini, Inc. t/a Cipollini Roofing, 203 E. Blackwell Street, Dover, New Jersey 07801 at the low bid of $110,140.00; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer has certified that funds are available in budget account X-GC-329-201.

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.

COMMUNICATIONS: None.

NEW BUSINESS:

Underage Drinking Ordinance:

Ordinance to be done for next meeting.

Closed Session:

Re: Litigation/Negotiation/Personnel

Held to the end of the meeting.

UNFINISHED BUSINESS: None.

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 $ 4,670.86

CURRENT 2005 183,621.66

CURRENT PRE-PAID 1,264,103.98

WATER OPERATING 2005 15,151.47

WATER OPERATING PRE-PAID 2005 10,946.96

GENERAL CAPITAL 57,727.07

ESCROW BOOKKEEPER 2,760.80

DOG DEDICATED 39.60

RECREATION TRUST FUND 3,701.00

RECYCLING TRUST 1,640.00

PUBLIC ASSISTANCE __ 10,927.00__

TOTAL VOUCHERS $1,555,290.40

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

APPROVED: June 13, 2005

___________________________

Warren Hagstrom

Mayor

Payrolls:

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

Payroll #10 p/e 05/20/05 $166,258.45

Payroll #11 p/e 06/03/05 _ 169,425.68_

Payroll Total $335,684.13

GRAND TOTAL $1,890,974.53

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

APPROVED: June 13, 2005

_______________________________

Warren Hagstrom

Mayor

The Mayor said we’ll take a break.

RECONVENEMENT:

On roll all, all voted yes, except Councilman Mahler who was absent.

The Borough Attorney said there was a property sale for Block 427, Lots 7, 8 and 9 and there is a bid before you for acceptance.

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion to accept the property sale bid for Block 427, Lots 7, 8 and 9.

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

The Borough Administrator introduced Robert Benecke, Economic Development Consultant.

PUBLIC DISCUSSION:

Lori Bull, 14 Prospect Street, Haskell said taxes can’t be raised for twenty five years correct?

Robert Benecke said the payment in lieu of taxes can go up per the Council – discretionary for Council for thirty five years.

John Maiello, 26 Rhinesmith Avenue, Wanaque said did three hundred dollars come from the developer and not affect state aid.

Robert Benecke decrease school board land tax. State aid impacted – land not impacted. Payment in lieu of taxes – no to school boards as of laws right now.

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiation/Personnel

On entertainment of the Mayor, Councilmen O’Connell 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) Negotiations.

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 Balunis moved a motion to reconvene.

On roll call, all were present.

ADJOURNMENT:

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

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 8:30 P.M.

__________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk