April 18, 2005

May 16, 2005

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, May 16, 2005, at 8:00 P.M. in the Wanaque Municipal Building.

The Acting Mayor called the meeting to order.

On roll call, the following Council Members responded: Balunis, Mahler, Pasquariello, Pettet, Theoharous. The Mayor and Councilman O’Connell were absent. The Acting Mayor declared a quorum. The Borough Attorney Anthony Fiorello and the Borough Engineer Michael Cristaldi were present.

The Acting Mayor read the following Sunshine Statement: This is a Regular 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 March 15, 2005 stating therein that this meeting would be held on Monday, April 18, 2005 at the time of 8:00 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 March 15, 2005 and a copy is on file in the office of the Municipal Clerk.

MINUTES:

Regular Meeting of April 18, 2005.

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

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

PUBLIC HEARING AND ADOPTION OF THE 2005 MUNICIPAL CURRENT AND

WATER UTILITY BUDGET:

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

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2005. It is hereby certified that the Budget and Capital Budget annexed hereto and hereby made a part hereof is a true copy of the Budget and Capital Budget approved by resolution of the Governing Body on the 18th day of April, 2005 and that public advertisement will be made in accordance with the provisions of N.J.S. 40A:4-6 and N.J.A.C. 5:30-4.4(d). Certified by me, this 18th day of April, 2005, Katherine J. Falone, Clerk. It is hereby certified that the approved Budget annexed hereto and hereby made a part is an exact copy of the original on file with the Clerk of the Governing Body, that all additions are correct, all statements contained herein are in proof and the total of anticipated revenues equals the total of appropriations. Certified by me, this 18th day of April, 2005, Charles J. Ferraioli, Jr., Registered Municipal Accountant, Certified by me, this 18th day of April, 2005, Mary Ann Brindisi, Chief Financial Officer.

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

Councilmen Theoharous and Mahler moved that,

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2005:

BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2005;

BE IT FURTHER RESOLVED, that said Budget be published by summary only in the Suburban Trends in the issue of May 1, 2005;

The Governing Body of the Borough of Wanaque does hereby approve the following as the Budget for the year 2005:

RECORDED VOTE: Ayes: Balunis Nays: NONE

Mahler

O’Connell Abstained: NONE

Pasquariello

Pettet Absent: NONE

Theoharous

Notice is hereby given that the Budget and Tax Resolution was approved by the Governing Body of the Borough of Wanaque, County of Passaic, on April 18, 2005.

A Hearing on the Budget and Tax Resolution will be held at the Municipal Building, on May 16, 2005 at 8:00 P.M. at which time and place objections to said Budget and Tax Resolution for the year 2005 may be presented by taxpayers or other interested persons.

ORDINANCES:

Public Hearing of Ord. #10-0-05:

Re: Amend Chapter 114, Zoning to establish RD 4 Zone

On entertainment of the Acting Mayor, Councilmen Mahler and Balunis moved a motion that Ordinance #10-0-05 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 ESTABLISHING A REDEVELOPMENT PLAN AND DESIGNATING THE COUNCIL OF THE BOROUGH OF WANAQUE TO ACT AS THE REDEVELOPMENT ENTITY FOR THE ADULT HOUSING REDEVELOPMENT PROJECT WITHIN THE FOURTH AVENUE ADULT HOUSING RENEWAL AREA AND ESTABLISHING THE FOURTH AVENUE ADULT HOUSING ZONING DISTRICT (AAH-2) AS SECTION 114-7.1 OF THE CODE OF THE BOROUGH OF WANAQUE

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 Acting Mayor opened the Public Hearing.

Sandy Lawson, 28 Haskell Avenue, Haskell said I would like to go on record again to restrict the active adult housing to the original number and not 102 units. Need to look at the numbers again, the density is too high.

The Acting Mayor closed the Public Hearing.

Councilmen Mahler and Balunis moved that,

BE IT RESOLVED that an Ordinance entitled: AN

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 Acting Mayor declared the motion carried.

Public Hearing of Ord. #12-0-05:

Re: Increase in Development Fees

On entertainment of the Acting Mayor, Councilmen O’Connell and Mahler moved a motion that Ordinance #12-0-05 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 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 72, ENTITLED “DEVELOPMENT FEES”, TO AMEND SAID FEES.

The Acting Mayor opened the Public Hearing.

Sandy Lawson, 28 Haskell Avenue, Haskell spoke about the development fees for residential housing impact.

The Borough Administrator said it is solely for new businesses.

The Acting Mayor closed the Public Hearing.

Councilmen Theoharous and Balunis moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 72, ENTITLED “DEVELOPMENT FEES”, TO AMEND SAID FEES 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 Acting Mayor declared the motion carried.

Public Hearing of Ord. #13-0-05:

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

a Cap Bank

On entertainment of the Acting Mayor, Councilmen Mahler and Theoharous moved a motion that Ordinance #13-0-05 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 Acting 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.

The Acting Mayor opened the Public Hearing.

John Maiello, 26 Rhinesmith Avenue, Wanaque asked this Ordinance be explained to the public.

The Borough Administrator explained the Ordinance.

The Acting Mayor closed the Public Hearing.

Councilmen Theoharous and Balunis 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 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 Acting Mayor declared the motion carried.

Introduction of Ord. #14-0-05:

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

On entertainment of the Acting Mayor, Councilmen Balunis and Mahler moved that Ordinance #14-0-05 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 APPROPRIATING $12,500.00 FROM THE CAPITAL IMPROVEMENT FUND FOR THE DEMOLITION OF 1075 RINGWOOD AVENUE IN THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC.

On entertainment of the Acting Mayor, Councilmen Balunis and Mahler 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 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 13th day of June 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.

Introduction of Ord. #15-0-05:

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

On entertainment of the Acting Mayor, Councilmen Mahler and Theoharous moved that Ordinance #15-0-05 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: 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.

On entertainment of the Acting Mayor, Councilmen Mahler and Theoharous 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 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 13th day of June 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

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

Introduction of Ord. #16-0-05:

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

On entertainment of the Acting Mayor, Councilmen Balunis and Pettet moved that Ordinance #16-0-05 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: 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.

On entertainment of the Acting Mayor, Councilmen Mahler and Balunis 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 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 13th day of June 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

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

PUBLIC DISCUSSION:

The Acting Mayor opened the Public Discussion.

John and Grace, 26 Rhinesmith Avenue, Wanaque spoke about the letter from the County regarding Ordinance #3-0-05 and they have no objection if the town agrees.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque spoke about items 8.7, 8.10 and 10.1 on the agenda.

Ann Benedetto, 179 Snake Den Road, Wanaque spoke as a representative of the committee for Snake Den Road about the deplorable and deteriorating condition of the road and submitted a petition with signatures of residents to have something done.

The Borough Administrator said I spoke with representatives from Bloomingdale and Ringwood regarding the situation with the road.

The Acting Mayor closed the Public Discussion.

CONSENT AGENDA:

Two (2) Applications to Amend Raffles Licenses:

Re: Saint Francis of Assisi Church – RL:624 and RL:625

Application to Amend Bingo License:

Re: Wanaque First Aid Squad Auxiliary – BL:177

Three (3) Membership Applications for the Wanaque Borough Volunteer Fire

Department:

Re: 1) David Truitt – Company #1, 2 George Schamble – Company #2, 3) Roberto

Delos Santos – Company #2

Application for Ice Cream Vendor License:

Re: Daniel Fonzo – Great Lakes Ice Cream (Approved by the Police Department and

the Health Department)

Resolution #74-0-05:

Re: Refund of Tax overpayment on various properties in the amount of $9,324.37

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

BLOCK LOT AMOUNT

200.01 14 1934.02

200.14 15 2277.61

200.18 3C0051 1664.10

310 24 1076.00

415 9 1088.11

461 2 1284.53

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $9,324.37 as per the certification of the Tax Collector.

Resolution #75-0-05:

Re: Authorization for the Tax Collector to prepare and issue estimated Tax bills for

the third quarter Taxes

BE IT RESOLVED that the Borough's Tax Collector be and she is authorized and directed to issue estimated tax bills for the 3^rd quarter of 2005, upon the approval of the tax rate set forth in Resolution #76-0-05.

Resolution #76-0-05:

Re: Estimated annual Tax Rate

WHEREAS, the Borough of Wanaque introduced its 2005 Municipal budget on April 18, 2005 and held a public hearing on May 16, 2005, at which time it was decided to delay adoption of the budget until a decision is made by the State of New Jersey on Wanaque's Discretionary Aid Application; and

WHEREAS, it has been determined that it will be necessary to issue estimated tax bills for the 3^rd quarter of 2005, in order to provide for a sufficient cash flow for governmental operations; and

WHEREAS, the tax levies for the Borough of Wanaque, Wanaque Board of Education and the County of Passaic will fall above the 5% threshold for the rate to be set by the Governing Body; and

WHEREAS, the Governing Body desires to have the estimated tax bill for the 3^rd quarter of 2005 to be as close as possible to the actual tax bill, so that any shortfall will be minimal in the 4^th quarter, and place an unexpected additional burden on our taxpayers.

NOW, THEREFORE, BE IT RESOLVED that the Director of the Division of Local Government Services be requested to approve the following amounts for the 2005 3^rd quarter estimated tax bill for the Borough of Wanaque.

Amount to be Raised 05 Rate 04 Rate Percent

Borough $5,571,831.00 1.12 1.073 4.39

Local School 9,304,933.00 1.871 l.771 5.62

Regional H.S. 5,213,620.00 1.048 1.016 3.16

County (E) 4,995,529.00 1.004 .931 7.87

Open Space 49,712.00 .029 .029

Total Tax Rate $ 25,135,625.00 5.073 4.82 5.25

Assessed Value: $497,450.000

Assumptions:

County – 8% Increase; all other figures are actual adopted levies

Payment to County of Passaic:

Re: 2^nd Quarter Taxes 2005 in the amount of $1,156,372.63

Payment to County of Passaic:

Re: 2^nd Quarter Open Space Taxes 2005 in the amount of $21,452.96

Resolution #77-0-05:

Re: Lease Amendment – Sprint

WHEREAS, Sprint Spectrum Realty Company entered into a lease agreement with the Borough of Wanaque for the installation of a cellular tower at the Wanaque Municipal Building; and

WHEREAS, Sprint Spectrum Realty Company wishes to sublease its entire interest to an affiliate of Global Signal, which is allowable under said lease;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to sign an “Amendment Regarding Ground Lease” in regards to this transaction.

Resolution #78-0-05:

Re: Appointment of Fire Inspector, David Evangelista effective April 18, 2005

BE IT RESOLVED that David Evangelista, 45 Durham Street, Pompton Lakes, New Jersey be and is hereby appointed as a Fire Subcode Inspector, effective 4/18/05, at an hourly salary of $35.00 per hour.

Resolution #79-0-05:

Re: Appointment of Part-Time Communications Operator, Mohammad Droubi

effective April 25, 2005

BE IT RESOLVED that Mohammad Droubi be and he is hereby appointed as Public Safety Telecommunicator trainee, part-time, effective April 25, 2005 at a wage of $5.15 per hour.

Resolution #80-0-05:

Re: Appointment of Part-Time Cashier, Ann Smolen effective May 9, 2005

BE IT RESOLVED that Ann Smolen be and she is hereby appointed as a Cashier, Typing, part-time in the Tax and Utility office, for up to twenty hours per week, at a wage of $12.00 per hour.

Resolution #81-0-05:

Re: Approval of Change Order No. 1 – Decker Road Improvements in the amount

of $37,500.00

BE IT RESOLVED that payment be made to John Garcia Construction Co., Inc. for Decker Road Improvements - Change Order No. 1 in the amount of $37,500.00.

Resolution #82-0-05:

Re: Professional Services – Community Grants and Planning – Small Cities

Recaptured Funds Administrator

BE IT RESOLVED that the Borough Administrator is authorized to execute an agreement with Community Grants and Planning for administration of the Housing Rehabilitation Program using recaptured funds from the County Development Block Grant Program; and

BE IT FURTHER RESOLVED that the Borough Clerk publish a notice of this Professional Service Contract in the Suburban Trends.

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

On roll call, all voted yes, and the Acting 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 April 2005 ‑ NONE.

4. Municipal Court Report for April 2005 ‑ $16,392.74.

5. Welfare Report for April 2005 - NONE.

On entertainment of the Acting 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 Acting Mayor declared the motion carried.

___________________________

Donald Pasquariello

Acting Mayor

Engineer:

The Borough Engineer reported on Fourth Avenue is moving along. The drainage is being done and then they will start the construction.

Attorney:

The Borough Attorney said I will report in closed session on Crozier vs. Borough of Wanaque.

Administrator:

The Borough Administrator reported that the gas main needs to be lowered on Ringwood Avenue and hopefully this week it will be paved. Then the contractor will move down Ringwood Avenue below Doty Road and after the final paving should be done. I received information from Steven Edmonds the County Engineer regarding putting brick at Doty Road. The duratherm bakes color into the asphalt and the contractor has been asked to look into doing that as it lasts a long time. Twice a week garbage collection has begun this week and it is also clean up week. The Mayor sends his regrets he is not at the meeting but his back has been out.

COMMUNICATIONS:

Letter from New Jersey General Assembly:

Re: Resolution in Support of a permanent and constitutionally guaranteed 30%

reduction in property taxes – Resolution #83-0-05

On entertainment of the Acting Mayor, Councilmen Mahler and Pettet moved that,

WHEREAS, New Jersey has some of the highest property taxes in the United States; and

WHEREAS, property taxes have increased by 6.3 percent in the past five years; and

WHEREAS, the state government has provided only marginal amounts of state aid for property tax relief in the past three years, and may be providing no increase in state aid this year; and

WHEREAS, the ever-increasing property tax burden is making it difficult for families to afford living in our communities and is particularly troublesome for seniors living on fixed incomes; and

WHEREAS, all of these factors combined justify calling the current situation a property tax crisis; and

WHEREAS, it is the responsibility of the Legislature to address problems of this magnitude; and

WHEREAS, Assembly Republicans have proposed a Blueprint for Property Tax Reform direct property tax relief; and

WHEREAS, the plan provides a permanent 30% reduction in property taxes that is constitutionally guaranteed and phased in over three years; and

WHEREAS, the plan places constitutionally-established restraints on taxes and spending, so budgetary savings and revenue growth will be the preferred means to pay for property tax relief; and

WHEREAS, the plan includes tools local governments can use to economize and keep taxes and spending in check;

NOW, THEREFORE, BE IT RESOLVED, that we urge the New Jersey State – Legislature to adopt the amendments to the state constitution that are proposed by the Blueprint for Property Tax Reform so they are placed on the ballot in 2005 and voters can decide whether direct and meaningful property tax relief should begin in 2006; and

BE IT FURTHUR RESOLVED, that we urge the New Jersey State Legislature and Acting Governor Richard J. Codey to adopt the series of bills contained in the Blueprint for Property Tax Reform so municipalities can use these tools to control taxes and spending.

A certified copy of this resolution shall be sent to the Assembly Speaker Albio Sires, Assembly Minority Leader Alex DeCroce and all state legislators representing our legislative district.

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

NEW BUSINESS:

Letter from Sharon Pal:

Re: Resignation from the Board of Health effective May 2005

On entertainment of the Acting Mayor, Councilmen Mahler and Theoharous moved a motion to accept the letter of resignation with regret.

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

Letter from Saint Francis of Assisi Church:

Re: Refund of Raffle License Fee in the amount of $110.00 due to a cancelled event

On entertainment of the Acting Mayor, Councilmen Pettet and Theoharous moved a motion to approve the aforementioned refund.

On roll call, all voted yes, except Councilman Mahler who voted no, and the Acting Mayor declared the motion carried.

Two (2) Applications for Soil Removal Permits:

Re: 1) Robert Grauso, 119 and 121 Meadowbrook Avenue, Wanaque, 2) Robert

Mazza, 37 Skyland Avenue, Haskell

On entertainment of the Acting Mayor, Councilmen Theoharous and Balunis moved a motion to approve the aforementioned applications. The Application for Robert Grauso is approved subject to the stipulations/conditions in the Borough Engineer’s letter.

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

Application for Limousine License:

Re: A.E.B. Transport, Alan Bennett, 8 Milton Place, Haskell (Pending approval of

Inspection of vehicle by the Police Department)

On entertainment of the Acting Mayor, Councilmen Mahler and Pettet moved a motion to approve the aforementioned application.

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

Request to purchase Borough property:

Re: 1) Block 423, Lots 37, 40 and 41 – Robert Mazza, 2) Block 425, Lot 27 – Robert

and Anne Mawson

On entertainment of the Acting Mayor, Councilmen Theoharous and Mahler moved a motion to approve the aforementioned request.

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

Closed Session:

Re: Litigation/Negotiation/Personnel

Held to the end of the meeting.

UNFINISHED BUSINESS: None.

RESOLUTIONS:

Resolution #84-0-05:

Re: Sale of Surplus Property (Vehicles)

On entertainment of the Acting Mayor, Councilmen Pettet and Theoharous moved that,

WHEREAS, N.J.S.A. 40A:11-36 allows a Municipality to sell its personal property not needed for public use; and

WHEREAS, the Borough of Wanaque wishes to sell the following vehicles no longer needed for public use:

Year Make Vin

1994 Chevrolet 1G1BL52P2RR192224

2000 Ford 2FAFP71W5YX164624

1999 Ford 2FAFP71WZXX171139

1994 Chevrolet 1G1BL52P5RR128937

1997 Ford 2FALP71WOVX224064

1986 GMC 1GHDP8C1YXGU510033

1983 Intl. 2HTD10454DCA11415

1996 Dodge 1B7KF23ZXTJ165632

1995 Ford 2FALP71W1SX196318

1999 Ford 2FAFP71W0XX171138

BE IT RESOLVED that the above listed vehicles are no longer needed for public use, and that the Borough Administrator be and he is authorized to advertise the sale in accordance with N.J.S.A. 40A:11-36.

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

Resolution #85-0-05:

Re: Award Bid – Fire Protection Equipment

On entertainment of the Acting Mayor, Councilmen Theoharous and Pettet moved that,

BE IT RESOLVED that a contract be awarded to AAA Emergency Supply Company, Inc, 635 North Broadway, White Plains, New York 10603 for the purpose of the following fire equipment:

48 Globe GX-7 PBI-Gold Bunker Pants @ $681.60 per pair $32,716.80

1 Globe Traditional White Nomex Chief's Coat @ $755.90 755.90

Total $33,472.70

under New Jersey State Contract #53063; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget accounts X-GC-03-326-201 ($30,124.80) and X-GC-03-326-202 ($3,347.90).

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

Resolution #86-0-05:

Re: Passaic County Open Space Grant Application

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

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

authorized to execute a grant application to the Passaic County Open Space Committee for funding of the purchase of the Wanaque Manor property.

On roll call, all voted yes, and the Acting 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 $ 8,452.00

CURRENT 2005 144,219.93

CURRENT PRE-PAID 92,796.74

WATER OPERATING 2005 12,429.44

WATER OPERATING PRE-PAID 15,203.59

GENERAL CAPITAL 3,696.30

ESCROW BOOKKEEPER 5,194.45

DOG DEDICATED 85.80

RECREATION TRUST FUND 2,515.00

PUBLIC ASSISTANCE __ 11,948.00__

TOTAL VOUCHERS $ 296,541.25

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

APPROVED: May 16, 2005

___________________________

Donald Pasquariello

Acting Mayor

Payrolls:

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

Payroll #8 p/e 04/22/05 $160,902.38

Payroll #9 p/e 05/06/05 _ 167,138.07_

Payroll Total $328,040.45

GRAND TOTAL $624,581.70

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

APPROVED: May 16, 2005

_______________________________

Donald Pasquariello

Acting Mayor

Councilman Mahler moved a motion for the dissolution of the Wanaque Valley Regional Sewerage Authority. Councilman Balunis seconded the motion.

On roll call, all voted yes, except Councilman Pasquariello who voted no, and the Acting Mayor declared the motion carried.

Draft Ordinance to be done for the next meeting.

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiation/Personnel

On entertainment of the Acting Mayor, Councilmen Theoharous and Mahler 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) Report from the Attorney and certain personnel matters.

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 Acting Mayor declared the motion carried.

RECONVENEMENT:

On entertainment of the Acting Mayor, Councilmen Mahler and Theoharous moved a motion to reconvene.

On roll call, all were present.

The Borough Attorney said after checking my notes I don’t believe item 10.1 on the agenda was voted on. It would be proper at this time to make a motion and a second to pass a supporting Resolution.

On entertainment of the Acting Mayor, Councilmen Mahler and Pettet moved a motion to approve a supporting Resolution.

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

ADJOURNMENT:

On entertainment of the Acting Mayor, Councilmen Mahler 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 9:00 P.M.

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Katherine J. Falone, RMC, CMC

Municipal Clerk