November 14, 2005

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, November 14, 2005, at 8:25 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, O’Connell, Pasquariello, Pettet, Theoharous. The 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 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.

PERSONAL REMEMBRANCES OF MAYOR WARREN HAGSTROM - Borough Council, Borough Professionals

Councilman Balunis:

Many people in our town know of or have read about Mayor Warren Hagstrom’s long record of community service to the Borough of Wanaque, but that only tells part of the story. Those of us that were close to him and for those of us whose life he touched, know just how fortunate we were, to have a man of Warren Hagstrom’s caliber serve as our Mayor. You would be hard pressed to find a more decent and caring man. He routinely went over and above his responsibilities as Mayor in order to help people. One example of that is the Food for the Hungry Program he ran. I could tell you of dozens more. Many times, the Mayor and Council find themselves in no-win situations, where in the process of solving one problem, someone else becomes unhappy. We all agonize over those decisions. But one thing you could always count on . When it was all said done; Mayor Hagstrom always did what he felt was the right thing to do for our town. Personally, I feel blessed having had the opportunity to serve with him on the Council and to count on him as a close personal friend. Warren Hagstrom led us by example, and I will never forget the one piece of advice he gave me many times, and that is, “with any decision, no matter how difficult, in the end you just have to do the right thing, you have to do what’s best for the town.” I am quite certain that philosophy will remain with each of us.

Councilman Mahler:

Nov 5^th was a sad day in Wanaque with the passing of Mayor Warren Hagstrom. Many people have said many things about Warren in the last 9 days, but the theme is generally the same. Warren was a man who truly loved the citizens of the town in which he lived his entire 73 years. The feeling was mutual. Warren’s son, Eric, commented to me at the repass that he never shook so many peoples hand as he did during the two days of the wake. He further added that the thing which truly moved him was not what people said to him, but the look in their eyes and the feeing in their hands. This told him how much his father was truly loved by the people of Wanaque. Warren’s term as mayor was unprecedented in the 87 year history of the Wanaque Borough. No previous Mayor has served for 3 full terms. Warren was elected mayor 4 times and the night before he died he met with Tom Balunis and myself to start the planning for a run for his fifth term in November 2006. His tenure as Wanaque’s Mayor lasted 15 years. I am very proud that I was afforded the opportunity to be part of his administration for the past 13 years. Being retired, Warren was a full time Mayor for the past 12 years. This enabled him to do things that previous mayors could not. Many times he would be the first one down at the DPW garage in the morning to direct the activities of the day. Warren enjoyed getting into the DPW truck and plowing the snow himself when the crew grew tired. He loved speaking with the citizens of Wanaque and getting the pulse of the people. The job of Mayor also includes the performance of weddings as justice of the peace. Warren loved this. He would perform numerous weddings each year. Mayors of surrounding towns who were “too busy” for this task would send people to Wanaque to be married. There were several instances when he actually performed two or more wedding in one day. Many mayors charge for this service. Warren never did. He explained that many of these people didn’t have a lot of money and not charging them was his way of helping start their marriage life together. Warren had compassion for people less fortunate than him. This was one of the reasons he started the Wanaque food program. Warren and I have been very close for the past 14 years. Our relationship went far beyond involvement in local politics. We both attended the Methodist Church and there were many days when the discussion of church issues came ahead of political issues. Warren was an avid sports fan. We enjoyed going together to games at Giants Stadium, Continental Arena and even a few minor league baseball games in Sussex County. Warren loved baseball. We had numerous discussions about NY’s two major league baseball teams. He loved telling stories about his days playing baseball at Butler HS. A few years ago we had a great time coaching a little league team together (with my son Joe and his grandson Adam) and later bringing our kids up to the baseball hall of fame in Cooperstown. A few years later Adam played baseball for Lakeland HS on a team that won the county championship. The day after almost every game Warren would call me up to report Adam’s progress. He was a very proud grandparent. Every summer for the past 12 years Warren & Dolores would invite Marie and I with our children to their farm in upstate NY for a few days. Warren had this antique tractor a “Massey-Furgeson” from the 1940’s that he loved to tinker with. He would always go to the farm a few days earlier to cut some paths thru the cornfields for the kids to ride the ATV’s. It seemed like every year something different would break on the tractor and we would spend at least one day driving all over upstate NJ looking for a part. This annual ritual was really just a great day to hang out together, relax and enjoy each others company. Warren truly did love Wanaque. There were 2 projects that Warren felt were essential to the future of Wanaque. These were the Pulte senior living complex and the revitalization of downtown Haskell. These projects are well under way and it is a shame that Warren will not be here to see their completion.

I strongly feel that we as the town council should take this opportunity to permanently memorialize the legacy of Warren Hagstrom in Wanaque. I believe an appropriate tribute to Warren should at a minimum include the following: First, Nov 5^th of each year should be declared as “Warren Hagstrom Day” in the Borough of Wanaque. Second, Highland Avenue, which leads to the Pulte development should be renamed “Warren Hagstrom Boulevard”in his honor. By doing so not only would Warren’s name be permanently attached to the project that he felt was essential to the future of Wanaque, but it will also serve to inform our 1,400 or so new residents about the man responsible for their new homes. Third, I feel that we should also name the soon to be completed sports fields near the Pulte development in honor of our late mayor. My suggestion is that the council discuss these and any other ideas over the next 45 days and put them into action in the form of a formal resolution at our annual reorganization meeting on January 2, 2006. In closing, I am going to truly miss Warren Hagstrom. He was my friend, my colleague, my mentor and part of my family. I vow that I will continue to do what it takes to help make Warren’s vision for Wanaque come to fruition. Thank you.

Councilman Pasquariello:

Warren was a visionary. He saw things that should be done in this town that others thought would never work or couldn’t be done – revitalizing downtown, bringing in the senior citizens complex. Our mission now is to complete his vision.

Councilman Theoharous:

Warren was a great friend and a great Mayor. I am proud to be a part of his accomplishments. We will miss him dearly.

Councilman Pettet:

I think I will always remember Warren as a little kid. No, not when I was a little kid. I mean Warren as a little kid. This intelligent, “tell it like it is”, Mayor had something special. Something we are reminded that the Kingdom of God contains. That is, childlike faith, optimism and fun. How about a 70 year old man “playing” with a snow plow or a lawn mower? Warren was a believer. A believer in God. A believer in people. A believer in this great country. A believer in Wanaque. I remember sitting with this man one day. You know those times when the “just between you and me” type conversations usually come up. With no one else around. With no public to“impress”, Mayor Hagstrom shared with me what he sees as the most important qualification a leader can have. Integrity. It was very important to him that he and those who served around him were honest, sincere, and wanting the best for his beloved people. Warren’s yes meant “yes” and his no meant “no”. A quality rarely found in politicians. As a matter of fact I do not think of this man as a politician, but rather a caring human being. He really felt bad when he was unable to fix a situation due to legal constraints or some other type situation. He almost took it personally but he told the straight story. He never hid behind a committee or gave false hope. There is an old saying. No one is irreplaceable. That is simply untrue. Each of us is created unique with a unique mission that only we are able to do. Some of us never fully live that mission. Others, like Warren Hagstrom live every day, no, every minute fulfilling that mission. Therefore Warren’s unique touch will never be replaced. It is a charge for the council and new mayor to be the best we can be in our mission in our unique ways. It is a challenge for us to serve with those same values as Mayor Hagstrom. The values of honesty, caring and that wonderful childlike optimism.

Katherine Falone, Municipal Clerk:

Sometimes we may not realize that everything we do affects not only our lives but touches others too. After knowing Warren for 17 years there are so many words that come to mind to describe him when thinking back over the years. Kind, considerate, sincere, generous, caring professional, dedicated, thoughtful, respected, loved. He would always help anyone and was sympathetic to their situation. He would try to do anything he could to resolve the problem. He was always available to all of us and anyone who needed him. He was very involved in the town and he was concerned and cared for everyone as individuals taking the time to listen. He never hesitated to give out praise, words of encouragement or positive reinforcement. He was very professional and dedicated to being Mayor. He always had a smile and his caring ways and generous spirit made him someone special. He was loved and respected by many people and colleagues and he will be missed tremendously.

Tom Carroll, Borough Administrator:

For the past ten years, I had the pleasure of getting to know and learn from a great human being – Warren Hagstrom. We spent many hours just sitting, talking about life, family and the future. All of our conversations came around to one thing – always do what you feel is best and is right. Warren wanted what was best for Wanaque. He worried about our senior citizens and their ability to pay property taxes. He worried about the businesses and residents along Ringwood Avenue during the construction. He loved seeing our children play on our fields, and I never saw a broader smile on him then when he gave out sports awards. I could write for hours about this man – he created a vision for us – a legacy to fulfill.

Resolution #145-0-05 - In Memoriam – Mayor Warren Hagstrom

Report of the Borough Attorney – Filling Vacancy of Mayor

WHEREAS, Warren Hagstrom was born in a house on Conklintown Road, next to the High Mountain Brook, on July 10, 1932, was taught by Mrs. Gladys Rhinesmith at the Midvale School, and excelled at baseball at Butler High School; and

WHEREAS, Warren Hagstrom married Dolores DiMarco on July 26, 1952, raising a family in his hometown, serving as a coach and mentor for many youth in the community; and

WHEREAS, Warren Hagstrom was employed by the New Jersey Bell Telephone Company, rising to the position of engineer before retiring in 1991; and

WHEREAS, Warren Hagstrom began his public service in 1965 when he was first elected to the Borough Council, where he served until 1970 and then from 1972 to 1974; and

WHEREAS, Warren Hagstrom returned to public life, again being elected to the Borough Council in 1989, and then was elected as Mayor, beginning his term on January 1, 1991; and

WHEREAS, during his tenure as Mayor, Warren Hagstrom created a vision for our community, and implemented that vision, his many accomplishments including the opening of an interchange on Interstate 287; the construction of a supermarket on Union Avenue; the renovation of Back Beach Park; installing new playground equipment at Lakeside Park, Haskell School, Wanaque School, Jaycee Park and the Conklintown Road park; the reconstruction of Ringwood Avenue and the Haskell Business District; seeing the development of the Wanaque Reserve by Del Webb; repaving and reconstructing roads in the community; making sure roads were plowed and leaves picked up; and many other municipal services; and

WHEREAS, Warren Hagstrom was also a champion of the resident, having his phone number listed and personally answering the phone, taking residents complaints and comments, and helping everyone who called, not only as the Mayor but as a caring individual, for which he should first be remembered; and

WHEREAS, Warren Hagstrom left this life on November 5, 2005, filled with the knowledge that Wanaque was a better place for all who lived here.

NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE that we remember a great friend, mentor and colleague who guided this Governing Body and our community for over fourteen years and whose legacy will be lasting; and

BE IT FURTHER RESOLVED that our condolences and sympathy be extended to Dolores Hagstrom and her family on their loss; and

BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to spread the text of this resolution in the official minutes of the Borough of Wanaque, as a lasting tribute to a man who gave of himself to every single resident of our community.

Dated: November 14, 2005

Councilman Theoharous presented Mayor Warren Hagstrom’s nameplate to his wife Dolores.

The Borough Attorney explained the process to select a new Mayor. Fifteen days after the death of the Mayor the political party must submit three names to the Council and they must the select one of the three names within fifteen days.

MINUTES:

Regular Meeting of October 3, 2005.

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

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

APPEARANCE: Adalgisa Gazzillo – Wanaque Manor – Liquor License

The Borough Attorney administered the oath to Adalgisa Gazzillo for her testimony she will be giving.

Adalgisa Gazzillo stated due to unforeseen expenses and work to be done is the reason why the business is not open yet.

Benjamin Guinta, Brother of Adalgisa Gazzillo read a letter dated April 6, 2005 regarding the business.

The Borough Administrator asked when are you going to open the business?

Adalgisa Gazzillo stated early next year. There is work that still needs to be done.

Discussion followed.

The Borough Attorney suggested the matter be tabled to the next meeting.

On entertainment of the Acting Mayor, Councilmen Mahler and Balunis moved a motion to have a progress report presented at the next meeting.

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

ORDINANCES:

Public Hearing of Ord. #23-0-05:

Re: Establish Sex Offender Residency Restrictions

On entertainment of the Acting Mayor, Councilmen Theoharous and Balunis moved a motion that Ordinance #23-0-05 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 OF THE BOROUGH OF WANAQUE TO AMEND CHAPTER 91A REGISTRATION OF SEXUAL OFFENDERS TO ESTABLISH ARTICLE II, ENTITLED SEX OFFENDER RESIDENCY PROVISION.

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.

Mayor Warren Hagstrom deserves credit for this Ordinance.

John Maiello, 26 Rhinesmith Avenue, Wanaque asked if this Ordinance can be challenged in court?

The Borough Attorney said any Ordinance can be challenged in court and it could go to the court of appeals and they can withhold it.

John Maiello said if the court rules against it it wouldn’t hold up in town?

The Borough Attorney said that’s right.

Bob Ferndon, Fredericks Street, Wanaque spoke about the Ordinance includes the whole town except one street right.

The Borough Administrator said right the only street is Townsend Road.

The Acting Mayor closed the Public Hearing.

Councilmen Balunis and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE OF

THE BOROUGH OF WANAQUE TO AMEND CHAPTER 91A REGISTRATION OF SEXUAL OFFENDERS TO ESTABLISH ARTICLE II, ENTITLED SEX OFFENDER RESIDENCY PROVISION 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. #24-0-05:

Re: Bond Ordinance – Whistler Place Reconstruction

On entertainment of the Acting Mayor, Councilmen Balunis and O’Connell moved that Ordinance #24-0-05 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 FO RTHE IMPROVEMENT OF WHISTLER PLACE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $436,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $167,400 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

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

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF WHISTLER PLACE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $436,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $167,400 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 12th day of December 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 Acting Mayor declared the motion carried.

Introduction of Ord. #25-0-05:

Re: Bond Ordinance – Water – Whistler Place Reconstruction

On entertainment of the Acting Mayor, Councilmen O’Connell and Mahler moved that Ordinance #25-0-05 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 DISTRIBUTION SYSTEM (WHISTLER PLACE) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $151,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $151,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

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

BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (WHISTLER PLACE) IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $151,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $151,000 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 12th day of December 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 Acting Mayor declared the motion carried.

Introduction of Ord. #26-0-05:

Re: Bond Ordinance – Communications Upgrade

On entertainment of the Acting Mayor, Councilmen O’Connell and Mahler moved that Ordinance #26-0-05 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 ACQUISITION OF NEW AND ADDITIONAL EQUIPMENT BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $690,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $621,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

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

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

Introduction of Ord. #27-0-05:

Re: Title 59 – Lakeland Regional High School

Held.

Introduction of Ord. #28-0-05:

Re: Easement – Highland and Ringwood Avenue

On entertainment of the Acting Mayor, Councilmen O’Connell and Mahler moved that Ordinance #28-0-05 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 AUTHORIZING THE ACQUISITION OF AN EASEMENT AND IMPROVEMENT ON PREMISES DESIGNATED AS BLOCK 245, LOT 6 ON THE

WANAQUE BOROUGH TAX MAP.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN EASEMENT AND IMPROVEMENT ON PREMISES DESIGNATED AS BLOCK 245, LOT 6 ON THE WANAQUE BOROUGH TAX MAP 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 12th day of December 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 Acting Mayor declared the motion carried.

Introduction of Ord. #29-0-05:

Re: Amend Towing Fees

On entertainment of the Acting Mayor, Councilmen O’Connell and Mahler moved that Ordinance #29-0-05 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 110, VEHICLES, TOWING AND STORAGE OF, TO AMEND SECTION 110-14, TOWING AND STORAGE CHARGES.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 110, VEHICLES, TOWING AND STORAGE OF, TO AMEND SECTION 110-14, TOWING AND STORAGE CHARGES 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 12th day of December 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 Acting Mayor declared the motion carried.

Introduction of Ord. #30-0-05:

Re: Amend Chapter 108-17 – Time Limit Parking – Willow Way

On entertainment of the Acting Mayor, Councilmen Mahler and Theoharous moved that Ordinance #30-0-05 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 108, SECTION 108-17, SCHEDULE IV – TIME LIMIT PARKING.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, SECTION 108-17, SCHEDULE IV – TIME LIMIT PARKING 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 12th day of December 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 Acting Mayor declared the motion carried.

Introduction of Ord. #31-0-05:

Re: Curfew Ordinance

On entertainment of the Acting Mayor, Councilmen Balunis and Pettet moved that Ordinance #31-0-05 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, TO CREATE CHAPTER 69, ENTITLED “CURFEW” TO ADOPT CURFEW

REGULATIONS WITHIN THE BOROUGH OF WANAQUE.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO CREATE CHAPTER 69, ENTITLED “CURFEW” TO ADOPT CURFEW REGULATIONS WITHIN THE BOROUGH OF WANAQUE pass first reading, and that said Ordinance be further considered for final passage and adoption at a Meeting of the Borough Council to be held on the 12th day of December 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 Acting Mayor declared the motion carried.

Introduction of Ord. #32-0-05:

Re: 2006 Salary Ordinance

On entertainment of the Acting Mayor, Councilmen Mahler and O’Connell moved that Ordinance #32-0-05 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 ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF AND THE METHOD OF PAYMENT THEREOF FOR THE EMPLOYEES OF THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC, WHO ARE AND ARE NOT COVERED BY MUTUAL AGREEMENTS.

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF AND THE METHOD OF PAYMENT THEREOF FOR THE EMPLOYEES OF THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC, WHO ARE AND ARE NOT COVERED BY MUTUAL AGREEMENTS 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 12th day of December 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 Acting Mayor declared the motion carried.

Introduction of Ord. #33-0-05:

Re: Amend Chapter 133 – “Animals”

On entertainment of the Acting Mayor, Councilmen O’Connell and Pettet moved that Ordinance #33-0-05 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 133, ENTITLED “ANIMALS” TO AMEND THE DEFINITION OF GUARDIAN AND ADD AN INTERPRETATION OF THE ORDINANCE

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 133, ENTITLED “ANIMALS” TO AMEND THE DEFINITION OF GUARDIAN AND ADD AN INTERPRETATION OF THE ORDINANCE 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 12th day of December 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 Acting Mayor declared the motion carried.

Introduction of Ord. #34-0-05:

Re: Amend Chapter 114-1 – Vacating and Voiding approvals by the Planning Board

And Board of Adjustment

On entertainment of the Acting Mayor, Councilmen Mahler and Theoharous moved that Ordinance #34-0-05 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 AMENDING CHAPTER 114-1, OF THE CODE OF THE BOROUGH OF WANAQUE BY ESTABLISHING A NEW ARTICLE VACATING AND VOIDING APPROVALS BY THE PLANNING BOARD AND BOARD OF ADJUSTMENT UNDER CERTAIN CIRCUMSTANCES

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AMENDING CHAPTER 114-1, OF THE CODE OF THE BOROUGH OF WANAQUE BY ESTABLISHING A NEW ARTICLE VACATING AND VOIDING APPROVALS BY THE PLANNING BOARD AND BOARD OF ADJUSTMENT UNDER CERTAIN CIRCUMSTANCES 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 12th day of December 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 Acting Mayor declared the motion carried.

PUBLIC DISCUSSION:

The Acting Mayor opened the Public Discussion.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque asked about item 13.3 on the agenda.

The Borough Administrator said they are guidelines to allow residents to use asphalt.

Grace Maiello asked about 15.6 on the agenda the Deferred Compensation Plan.

The Borough Administrator said they are administrative changes to the policy.

John Maiello, 26 Rhinesmith Avenue, Wanaque said to repair the sidewalks by the County is a bond required?

The Borough Administrator said no as long as there is nothing done in the roadway and they don’t break the curb.

Bruce Zeman, 74 Molinari Drive, Wanaque spoke about the Guardian Ordinance and thanked the Council for their support. Mayor Warren Hagstrom cared for the residents and the animals.

The Acting Mayor closed the Public Discussion.

CONSENT AGENDA:

Three (3) Applications for Raffle Licenses:

Re: 1) Ringwood-Wanaque Ice Hockey Association - RL:641, RL:642 and RL:643

Resolution #135-0-05:

Re: Refund of Tax overpayments of Block 416, Lot 30 in the amount of $186.77 and

Block 454, Lot 12 in the amount of $1,507.97

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

BLOCK LOT AMOUNT

416 30 186.77

454 12 1507.97

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $1694.74 as per the certification of the Tax Collector.

Resolution #136-0-05:

Re: Refund of duplicate water payment for Account #4138-0 in the amount of $50.00

WHEREAS, a duplicate payment for water charges was received on the property listed herein:

ACCOUNT # AMOUNT

4138-0 50.00

WHEREAS, the owners has requested a refund of said duplicate payment;

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $50.00 from Water Operating as per the certification of the Tax Collector.

Resolution #137-0-05:

Re: Extend the grace period for payment of 4^th Quarter Taxes to November 14, 2005

WHEREAS, due to the passing of Mayor Hagstrom, the Borough of Wanaque did not transact any business on November 9, 2005, and

WHEREAS, to allow our taxpayers the entire “grace period” in which to pay property taxes the last day shall be extended

NOW, THEREFORE, BE IT RESOLVED that the Acting Mayor and Borough Council members direct the Tax Collector to extend the grace period for payment of fourth quarter taxes until November 14, 2005.

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

CLERK O.E. $ 6,000.00 ADMIN. O.E. $ 8,000.00

5-CU-01-104-212 5-CU-01-101-299

FINANCE O.E. $ 2,000.00

5-CU-01-106-211

PLANNING BD O.E. $ 15,000.00 STREET LIGHTING $ 4,000.00

5-CU-01-119-285 5-CU-01146-205

AUDIT $ 5,000.00

5-CU-01-108-234

LEGAL $ 6,000.00

5-CU-01-111-276

VEGETATIVE WASTE $75,000.00 ROADS O.E. $60,000.00

5-CU-01135-252 5-CU-01-132-299

CONST.CODE O.E. $15,000.00

5-CU-01-142-299

PLUMBING INSP. $20,000.00 FIRE O.E. $20,000.00

5-CU-01-099-145 5-CU-01-123-299

ELECTRICAL INSP $17,500.00 CONST. CODE $17,500.00

5-CU-01-099-144 5-CU-01-142-299

GARBAGE $ 500.00 CONST. CODE $ 500.00

5-CU-01-136-256

CCO S&W $15,000.00 CONST. CODE $15,000.00

5-CU-01-099-142

GARBAGE $ 8,000.00 GASOLINE $ 8,000.00

5-CU-01-136-256 5-CU-01-146-202

GARBAGE $ 1,500.00 FIRE SUB-CODE $ 1,500.00

5-CU-01-099-143

Refund of deposit for Road Opening Permit #1980:

Re: Verizon in the amount of $450.00

On entertainment of the Acting Mayor, Councilmen Mahler and O’Connell 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 October 2005 ‑ NONE.

4. Municipal Court Report for October 2005 ‑ NONE.

5. Welfare Report for October 2005 - NONE.

On entertainment of the Acting 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.

___________________________

Donald Pasquariello

Acting Mayor

Engineer:

The Borough Engineer reported the roof on the Wanaque First Aid Squad will start Wednesday or Thursday. Fourth Avenue is almost finished and Decker Road there are a couple of problems and may have to relocate the gas mains.

Attorney:

The Borough Attorney said there will be a Special Meeting on December 5^th at 8:30 P.M. for the appointment of a Mayor.

Administrator:

The Borough Administrator reported the leaves are coming down finally. The Road Department worked Saturday and will be working next Saturday. Regarding the Holiday Inn and the water payment will be discussed at the next meeting.

COMMUNICATIONS: None.

NEW BUSINESS:

Approval of 2005/2006 Liquor License Renewal – Resolution #131-0-05:

Re: Adalgisa Gazzillo, 815 Ringwood Avenue, Haskell

Held.

Approval of 2005/2006 Liquor License Renewal – Resolution #138-0-05:

Re: Gramlich’s Corporation, 750 Ringwood Avenue, Wanaque

On entertainment of the Acting Mayor, Councilmen Mahler and O’Connell moved a motion to approve the aforementioned Liquor License Renewal.

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

Allowing residents to make temporary repairs to sidewalks along Ringwood Avenue

Closed Session:

Re: Litigation/Negotiation/Personnel

None.

UNFINISHED BUSINESS: None.

RESOLUTIONS:

Resolution #139-0-05:

Re: Change Order – Fourth Avenue Reconstruction

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

BE IT RESOLVED that payment be made to Mike Fitzpatrick and Son, Inc., for Fourth Avenue Reconstruction – Current Estimate No. 2 and Change Order No. 2 in the amount of $303,407.90.

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

Resolution #140-0-05:

Re: Professional Services – Community Grants and Planning COAH Uniform

Housing Affordability Controls

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

WHEREAS, the Borough of Wanaque is in need of consulting services to be the administrative agent for Affordable Housing; and

WHEREAS, Community Grants and Planning is qualified to provide said services;

NOW, THEREFORE, BE IT RESOLVED that the Acting Mayor and Borough Clerk be and are hereby authorized and directed to execute a Professional Services Agreement with Community Grants and Planning, 569 Abbington Drive, East Windsor, New Jersey 08520 to provide Administrative Agent services for Affordable Housing Services, as outlined in the proposed agreement, at a cost not to exceed $12,000.00; and

BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the Pulte Trust Account and/or the Housing Trust Account; and

BE IT FURTHER RESOLVED that the Borough Clerk be directed to place a notice of this action in the Suburban Trends.

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

Resolution #141-0-05:

Re: Request time extension – Bergen Avenue Phase II

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

WHEREAS, the Borough of Wanaque has received a grant from the New Jersey Transportation Trust Fund for the reconstruction of Bergen Avenue; and

WHEREAS, the Borough of Wanaque wishes to extend the time period to award a bid under this grant, due to the late completion of the Fourth Avenue project and the continuing work on Decker Road both of which impacts Bergen Avenue.

NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque requests the New Jersey Department of Transportation to extend the time for making an award of the bid for the Bergen Avenue II project to April 15, 2006.

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

Resolution #142-0-05:

Re: Approve Estimate #1 and Change Order #2 – Decker Road

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

BE IT RESOLVED that payment be made to John Garcia Construction Co., Inc. for Decker Road Reconstruction – Current Estimate No. 1 and Change Order No. in the amount of $80,781.40.

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

Resolution #143-0-05:

Re: Authorizing the application for State Aid under the Municipal Stormwater

Regulation Program and designating an individual to execute the grant

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

RESOLUTION FOR ADOPTING CHANGES TO AN EXISTING DEFERRED COMPENSATION PLAN PURSUANT TO THE JOB CREATION AND WORKER ASSISTANCE ACT OF 2002, INTERNAL REVENUE CODE SECTION 457 REGULATIONS (INCLUDING CERTAIN PROPOSED REVISIONS), INTERNAL REVENUE SERVICE REVENUE PROCEDURE 2004-12

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 November 14, 2005, for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; and

WHEREAS, the Employer by resolution retained The Variable Annuity Life Insurance Company (‘VALIC”) as the contractor under the Deferred Compensation Plan and executed a Service Agreement with said contractor; and

WHEREAS, the Job Creation and Worker Assistance Act of 2002 amended Section 457 of the Internal Revenue Code (the Code”) and

WHEREAS, the Internal Revenue Service (“IRS”) issued final Code Section 457 regulations on July 11, 2003 and proposed Code Section 415 regulations issued May 31, 2005 that modified the Code Section 457 regulations; and

WHEREAS, the IRS has issued model amendments (Revenue Procedure 2004-56) and guidance regarding rollover contributions to eligible retirement plans (Revenue Procedure 2004-12) that apply to Section 457 Plans; and

WHEREAS, the IRS has set a deadline of December 31, 2005 for State and local government Section 457 (b) plan sponsors to adopt or amend their plans to conform with the Code, regulations, and interpretative guidance; and

WHEREAS, the Employer desires its Plan to conform with the changes in the Code, regulations, and interpretative guidance; and

WHEREAS, the Employer desires to adopt an amended and restated Plan that conforms with the changes in the Code, regulations, and interpretative guidance; and

WHEREAS, such amended and restarted Plan shall supersede the previously adopted Plan;

NOW, THEREFORE, BE IT RESOLVED that the Employer does hereby adopt the amended and restated Plan prepared by VALIC and assigned Plan Document identifier 55-PD-VALIC-110305 by the Director of the Division of Local Governmental Services.

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

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

Resolution #144-0-05:

Re: Requesting Passaic County Freeholders to fund Phase III of the Ringwood

Avenue Reconstruction

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

WHEREAS, the Borough of Wanaque and the Board of Chosen Freeholders of the County of Passaic have joined in the reconstruction of Ringwood Avenue, the first two phases from north of Union Avenue to Father Hayes Drive; and

WHEREAS, the Borough and County have cooperatively worked together to improve Ringwood Avenue for the residents of Wanaque and for up county commuters traveling to Ringwood and West Milford; and

WHEREAS, this joint project has led to the revitalization of the Haskell Business District, which is beneficial to both the Borough and the County; and

WHEREAS, Ringwood Avenue is the gateway to the Highlands, offering many recreational opportunities to residents; and

WHEREAS, Ringwood Avenue north of Father Hayes Drive is in need of reconstruction, with many sidewalks crumbling, non-existent curbs, and substandard drainage; and

WHEREAS, the Borough of Wanaque wishes to continue the improvements to Ringwood Avenue.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF WANAQUE that the Board of Chosen Freeholders of the County of Passaic be and are hereby formally requested to begin the planning and funding for the Ringwood Avenue Phase III road reconstruction program, which will be a joint program between the Borough of Wanaque and the County of Passaic; and

BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to forward a copy of this resolution to the members of the Board of Chosen Freeholders of the County of Passaic, the Clerk of the Board of Freeholders, the Passaic County Administrator and the Passaic County Engineer.

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

Resolution #146-0-05:

Re: Adopting changes to an existing Deferred Compensation Plan

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

WHEREAS, the Job Creation and Worker Assistance Act of 2002 amended Section 457 of the Internal Revenue Code (the Code”) and

WHEREAS, the Employer desires its Plan to conform with the changes in the Code, regulations, and interpretative guidance; and

WHEREAS, the Employer desires to adopt an amended and restated Plan that conforms with the changes in the Code, regulations, and interpretative guidance; and

WHEREAS, such amended and restarted Plan shall supersede the previously adopted Plan;

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

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

Resolution #147-0-05:

Re: Capital Budget Amendment

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

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

Resolution #148-0-05:

Re: Approve Purchase – Road Department Truck

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

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

Resolution #149-0-05:

Re: Settlement of Tax Appeal

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

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 $1,545,611.80

CURRENT PRE-PAID 21,455.07

WATER OPERATING 34,405.71

WATER OPERATING PRE-PAID 1,443.84

GENERAL CAPITAL 3,059.51

ESCROW BOOKKEEPER 7,290.87

RECREATION TRUST FUND 5,055.00

PUBLIC ASSISTANCE 11,651.00

DOG DEDICATED 53.40

RECYCLING TRUST 1,640.00

OTHER TRUST __ 1,044.85__

TOTAL VOUCHERS $1,632,711.05

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

APPROVED: November 14, 2005

___________________________

Donald Pasquariello

Acting Mayor

Payrolls:

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

Payroll #20 p/e 10/07/05 $165,390.32

Payroll #21 p/e 10/21/05 $173,810.22

Payroll #22 p/e 11/04/05 _$165,498.91_

Payroll Total $504,699.45

GRAND TOTAL $2,137,410.45

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

APPROVED: November 14, 2005

_______________________________

Donald Pasquariello

Acting Mayor

ADJOURNMENT:

On entertainment of the Acting Mayor, Councilmen Mahler and Pettet moved a motion to adjourn the meeting.

On roll call, all voted yes, and the Acting Mayor declared the motion carried; meeting adjourned at 10:20 P.M.

_____________________

Katherine J. Falone, RMC, CMC

Municipal Clerk