October 3, 2005

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, October 3, 2005, at 8:00 P.M. in the Wanaque Municipal Building.

The Mayor called the meeting to order.

On roll call, the following Council Members responded: Balunis, Mahler, O’Connell, Pasquariello, Pettet, Theoharous. 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 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.

MINUTES:

Regular Meeting of September 12, 2005.

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

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

ORDINANCES:

Public Hearing of Ord. #18-0-05:

Re: Accept Easement – Block 403, Lot 20 (1 of 2)

On entertainment of the Mayor, Councilmen Pettet and Theoharous moved a motion that Ordinance #18-0-05 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 AUTHORIZING THE ACQUISITION OF AN EASEMENT AND IMPROVEMENTS ON PREMISES DESIGNATED AS BLOCK 403 LOT 70 ON THE WANAQUE BOROUGH TAX MAP.

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.

Sandy Lawson, 28 Haskell Avenue, Haskell asked if this is the Ordinance regarding the pipes on the school property and improvements on the property.

The Borough Administrator said the same pipes were going under the school property. Two million gallons are pumped through the pump station.

Sandy Lawson asked where is the pump station located?

The Borough Administrator said off Storms Avenue.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque asked if Pulte is paying for the initial installation and does the Borough have any monetary costs?

The Attorney said no we own the pipes after installation.

The Mayor closed the Public Hearing.

Councilmen Pettet and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN EASEMENT AND IMPROVEMENTS ON PREMISES DESIGNATED AS BLOCK 403 LOT 70 ON THE WANAQUE BOROUGH TAX MAP 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. #19-0-05:

Re: Accept Easement – Block 403, Lot 20 (2 of 2)

On entertainment of the Mayor, Councilmen Pettet and Theoharous moved a motion that Ordinance #19-0-05 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 AUTHORIZING THE ACQUISITION OF A SECOND EASEMENT AND IMPROVEMENTS ON PREMISES DESIGNATED AS BLOCK 403 LOT 70 ON THE WANAQUE BOROUGH TAX MAP.

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.

No one came forward.

The Mayor closed the Public Hearing.

Councilmen Pettet and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AUTHORIZING THE ACQUISITION OF A SECOND EASEMENT AND IMPROVEMENTS ON PREMISES DESIGNATED AS BLOCK 403 LOT 70 ON THE WANAQUE BOROUGH TAX MAP 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. #20-0-05:

Re: Easement Agreement – Block 236, Lot 9 (Villa Realty – Library Parking)

On entertainment of the Mayor, Councilmen Theoharous and Pasquariello moved a motion that Ordinance #20-0-05 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 AUTHORIZING THE ACQUISITION OF AN EASEMENT ON PREMISES DESIGNATED AS BLOCK 236 LOT 9 (PORTION OF) ON THE WANAQUE BOROUGH TAX MAP.

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.

No one came forward.

The Mayor closed the Public Hearing.

Councilmen Theoharous and Pasquariello moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN EASEMENT ON PREMISES DESIGNATED AS BLOCK 236 LOT 9 (PORTION OF) ON THE WANAQUE BOROUGH TAX MAP 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. #21-0-05:

Re: Appropriate $35,000 for Repaving of Snake Den Road

On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #21-0-05 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 $35,000.00 FROM THE CAPITAL IMPROVEMENT FUND FOR REPAVING A PORTION OF SNAKE DEN ROAD.

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.

No one came forward.

The Mayor closed the Public Hearing.

Councilmen Pasquariello and Theoharous moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $35,000.00 FROM THE CAPITAL IMPROVEMENT FUND FOR REPAVING A PORTION OF SNAKE DEN ROAD 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.

Councilman Pasquariello asked about the lower part of Snake Den Road being paved.

The Borough Administrator said all of Snake Den Road is getting done.

Public Hearing of Ord. #22-0-05:

Re: Amend 2005 Salary Ordinance

On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion that Ordinance #22-0-05 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 TO AMEND ORDINANCE #24-0-04 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".

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.

Sandy Lawson, 28 Haskell Avenue, Haskell asked if the employees listed in the Ordinance are for the Pulte project and is Pulte paying the salaries?

The Borough Administrator said

The Mayor closed the Public Hearing.

Councilmen O’Connell and Mahler moved that,

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND ORDINANCE #24-0-04 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 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.

Introduction of Ord. #23-0-05:

Re: Amend Chapter 91A – Registration of Sexual Offenders

On entertainment of the Mayor, Councilmen Balunis and Theoharous moved that Ordinance #23-0-05 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

The Clerk took from the table and read by title only as follows: AN ORDINANCE OF THE BOROUGH OF WANAQUE TO AMEND CHAPTER 91A – REGISTRATION OF SEXUAL OFFENDERS TO ESTABLISH ARTICLE II, ENTITLED SEX OFFENDER RESIDENCY PROVISION.

On entertainment of the Mayor, 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 first reading, and that said Ordinance be further considered for final passage and adoption at a Meeting of the Borough Council to be held on the 14th day of November 2005, at the Municipal Building in the Borough of Wanaque at 8:00 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and

BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

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

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

Sandy Lawson, 28 Haskell Avenue, Haskell asked what is the difference between a variance and waiver?

The Borough Attorney said a waiver designs criteria and a variance is restrictions on zoning. The Planning Board aksed the developer for a waiver.

Sandy Lawson said one hundred fourteen units is too much and in favor of smaller amounts. The property next to Lakeland Auto Parts approvals from 1989 meet todays standards and fall under approvals already given?

The Borough Attorney said we can’t answer that due to situation.

Sandy Lawson asked the grant for Whistler Place do we have that money now?

The Borough Administrator said we will submit paperwork for the grant.

Sandy Lawson asked about the Tax Sale for Mountain Lakes.

The Borough Administrator said the Borough to try to get the Certificates. There is a lawsuit going on regarding the property.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Three (3) Applications for Raffle Licenses:

Re: 1) Saint Francis of Assisi Home School Association – RL:638 and RL:639,

2) A.W.A.R.E. A.S.A.P. – RL:640

Payment to County of Passaic:

Re: 4^th Quarter Taxes – 2005 in the amount of $1,271,147.55

Payment to County of Passaic:

Re: 4^th Quarter Open Space Taxes – 2005 in the amount of $25,651.33

Refund of payment to Saint Francis of Assisi Home School Association:

Re: Raffle Application – RA:638 in the amount of $10.00

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

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

REGULAR REPORTS - PROFESSIONAL REPORTS:

1. Clerk's Receipts ‑ NONE.

2. Police Department Report - NONE.

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

4. Municipal Court Report for September 2005 ‑ $15,117.10.

5. Welfare Report for September 2005 - NONE.

On entertainment of the Mayor, Councilmen Pasquariello and Mahler moved that reports be received and filed; and that all monies be turned over to the Treasurer.

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

___________________________

Warren Hagstrom

Mayor

Engineer:

The Borough Engineer reported the roof on the Wanaque First Aid Squad should start work the end of October. Fourth Avenue is almost finished and Decker Road has started.

Attorney:

The Borough Attorney said I have no report.

Administrator:

The Borough Administrator reported there is a second round of COAH grants. The contractors are finishing up Ringwood Avenue. Columbus Day to finish the bump in the road by Burnside Place. The redevelopment of the Haskell business district is moving forward north of Doty Road. Stop and Shop is planning on opening October 28^th. The weather has been nice and no leaves are down yet. We will have to extend the collection. A letter to the residents of Carter Road and Fourth Avenue was sent out asking residents to use Burnside Place or Father Hayes Drive for the next two weeks during the construction. The Attorney and I have been contacted by the Intilli property owners that there are approvals from 1989 to build thirty three townhouses by Lakeland Auto Parts. They have approvals from the town and the county. Should review the plans and get new requirements met.

The Borough Attorney explained the background of the property.

COMMUNICATIONS: None.

NEW BUSINESS:

Two (2) Applications for Soil Removal Permits:

Re: 7 McAtee Lane and 149 Crescent Road

On entertainment of the Mayor, Councilmen Pasquariello and Mahler moved a motion to approve the application for Soil Removal Permit for 7 McAtee Lane with the conditions stated in the Borough Engineers report.

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

On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved a motion to approve the application for Soil Removal Permit for 149 Crescent Road with the conditions stated in the Borough Engineers report.

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

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

Re: Adalgisa Gazzillo, 815 Ringwood Avenue, Wanaque

Held.

2006 Re-Organization Meeting Date:

On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to hold the 2006 Re-Organization meeting on Monday, January 2, 2006 at 12:00 P.M.

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

Closed Session:

Re: Litigation/Negotiation/Personnel

None.

Borough Administrator – Tax Sale:

On entertainment of the Mayor, Councilmen Mahler and Balunis moved a motion to authorize the Borough Administrator to bid on Tax Sale Certificates.

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

UNFINISHED BUSINESS: None.

RESOLUTIONS:

Resolution #132-0-05:

Re: Halloween Curfew

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

WHEREAS, the Police Department has determined that a Halloween curfew would be in the best interest of the citizens of Wanaque; and

WHEREAS, said curfew would limit the potential damage to persons and property;

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

1) There will be a curfew on Sunday, October 30th and on Monday, October 31st at 9:00 P.M. for all children under the age of eighteen.

2) That the fire whistle be sounded at 9:00 P.M. on October 30th and on

October 31st to make the children aware that the curfew is in effect.

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

Resolution #133-0-05:

Re: Permanent Appointment – Plumbing Subcode Official

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

BE IT RESOLVED that Donald Stambaugh be and he is hereby permanently appointed as Plumbing Subcode Official, P/T effective October 3, 2005 at an annual salary of $10,652.00, in accordance with the New Jersey Department of Personnel certification OL052054 dated September 19, 2005.

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

Resolution #134-0-05:

Re: Appointment of Full Time Crossing Guard – Catherine Passarello effective

immediately

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

BE IT RESOLVED that Catherine Passarella, be and she is hereby appointed as a Full Time Crossing Guard at a rate of $15.95 per hour effective immediately.

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

Resolution #135-0-05:

Re: Support Ringwood

Councilmen Mahler and O’Connell moved that,

WHEREAS, the Ford Motor Company dumped toxic chemicals in the Ramapo Mountains in the Borough of Ringwood; and

WHEREAS, the Ford Motor Company has failed to completely clean up this superfund site, even through the United States Environmental Protection Agency has approved their work; and

WHEREAS, it is necessary to completely remove all toxic materials, since this area serves as an aquifer feeding the Wanaque Reservoir, serving 2.5 million people; and

WHEREAS, the residents of the Borough of Wanaque rely on groundwater wells as their primary source of water, and any contamination of the groundwater could have an adverse effect on our community; and

WHEREAS, the EPA is making demands on the Borough of Ringwood to share in the cost of the cleanup, where if the original work had been complete, Ford Motor Company would have and should shoulder the entire cost of the mitigation work; and

WHEREAS, the Borough of Ringwood and its residents are victims of this dumping and contamination, and in no way should be held responsible for any cleanup cost.

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

1. That the New Jersey Department of Environmental Protection oversee all activities regarding this matter to assure all residents that this property is clean.

2. That the USEPA demand that Ford Motor Company bear 100% of the cleanup cost, and that the Borough of Ringwood be held harmless for any expenses.

3. That the U.S. Attorney for New Jersey investigate all cleanup activities up to now, to ascertain if all actions were proper.

4. That our Federal and State representatives actively monitor the cleanup programs and support the Borough of Ringwood in this matter.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded

to President George W. Bush; EPA Administrator Steven Johnson; EPA Region 2 Administrator Alan Steinberg; U.S. Senator Frank Lautenberg; U.S. Senator Jon Corzine; Congressman Scott Garrett; Acting Governor Richard Codey; Senator Henry McNamara, Assemblyman David Russo; Assemblyman Kevin O'Tool; DEP Commissioner Bradley Campbell; Passaic County Board of Chosen Freeholders; North Jersey District Water Supply Commission, Mayor and Council of the Borough of Ringwood.

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 $183,770.76

CURRENT PRE-PAID 19,877.10

WATER OPERATING 14,393.55

WATER OPERATING PRE-PAID 1,158.90

GENERAL CAPITAL 15,098.17

ESCROW BOOKKEEPER 1,117.50

RECREATION TRUST FUND 294.00

PUBLIC ASSISTANCE __ 11,751.00__

TOTAL VOUCHERS $247,460.98

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

APPROVED: October 3, 2005

___________________________

Warren Hagstrom

Mayor

Payrolls:

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

Payroll #19 p/e 9/23/05 _$212,344.47_

(Includes Retro)

Payroll Total $212,344.47

GRAND TOTAL $459,805.45

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

APPROVED: October 3, 2005

_______________________________

Warren Hagstrom

Mayor

ADJOURNMENT:

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

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

__________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk