September 12, 2005

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, September 12, 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 August 8, 2005.

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

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

PRESENTATION:

Appropriate Living for the Autistic to the Wanaque F.O.P.:

Michael Tisoli, M.J. Paulson and Kathy Colletti from Appropriate Living for the Autistic presented a plaque to the Wanaque F.O.P. 145 for a donation that was made.

PROCLAMATIONS:

National Preparedness Month – September 2005:

WHEREAS, Emergency preparedness is the shared responsibility of the entire nation. Every community, every business and every individual has a role to plan in preparing for emergencies.

WHEREAS, National Preparedness Month provides an opportunity to highlight the importance of emergency preparedness and encourage all Americans to take steps to be better prepared for emergencies in their homes, business and schools.

WHEREAS, Federal, state and local officials and the private sector are working to deter, prevent and respond to all types of emergencies. These activities, along with an active American community, contribute to a level of national preparedness that is critical to securing homeland.

WHEREAS, National Preparedness Month is a nationwide coordinated effort that allows Americans to learn more about ways to prepare for all types of emergencies from natural disasters to potential terrorist attacks.

WHEREAS, The U.S. Department of Homeland Security and the American Red Cross urge all Americans to take time during September 2005 to get an emergency supply kit, make a family emergency plan, be informed about different threats and their appropriate responses, and get involved in preparing their community.

NOW, THEREFORE, I, Warren Hagstrom, Mayor of Wanaque do hereby proclaim September 2005, as National Preparedness Month in the Borough of Wanaque. I call upon the people of Wanaque to recognize the importance of preparing for potential emergencies, and to observe this month with appropriate events, activities and preparedness programs.

National Alcohol and Drug Addiction Recovery Month – September 2005:

WHEREAS, substance use disorders are a serious and treatable health problem, and as many as 63 percent of Americans say that addiction to alcohol or other drugs has had an impact on them at some point in their lives, whether it was the addiction of a friend or family member or another experience, such as their own personal addiction; and

WHEREAS, accessing our citizens’ needs for addiction treatment and referring them to appropriate treatment-and their family members to support service-is a crucial first step in helping people realize that recovery is possible and treatment is effective; and

WHEREAS, barriers to accessing treatment programs that can help heal lives, families, and our community are a significant problem for our neighbors, friends, co-workers, and family members with substance use disorders; and

WHEREAS, community members seeking treatment deserve affordable, individualized treatment programs; and

WHEREAS, celebrating individuals in recovery and their families, and saluting the health care providers who helped them obtain treatment, educates our community about the benefits of treatment and affirms that such providers deserve adequate compensation for their services; and

WHEREAS, to help achieve this goal, the Substance Abuse and Mental Health Services Administration within the U.S. Department of Health and Human Services and the White House Office of National Drug Control Policy invite all residents to participate in National Alcohol and Drug Addiction Recovery Month (September, 2005);

NOW, THEREFORE, BE IT RESOLVED that I, Warren Hagstrom, Mayor of the Borough of Wanaque, by virtue of the authority vested in me, do hereby proclaim

SEPTEMBER, 2005

NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH

In the Borough of Wanaque.

ORDINANCES:

Introduction of Ord. #18-0-05:

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

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

On entertainment of the Mayor, Councilmen Pasquariello and Mahler 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 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 3rd day of October 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.

Introduction of Ord. #19-0-05:

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

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

On entertainment of the Mayor, Councilmen Pasquariello and Mahler 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 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 3rd day of October 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 Mayor declared the motion carried.

Introduction of Ord. #20-0-05:

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

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

On entertainment of the Mayor, Councilmen Balunis and O'Connell 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 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 3rd day of October 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 Mayor declared the motion carried.

Introduction 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 that Ordinance #21-0-05 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 APPROPRIATING $35,000.00 FROM THE CAPITAL IMPROVEMENT FUND FOR REPAVING A PORTION OF SNAKE DEN ROAD.

On entertainment of the Mayor, 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 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 3rd day of October 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 Mayor declared the motion carried.

Introduction of Ord. #22-0-05:

Re: Amend 2005 Salary Ordinance

On entertainment of the Mayor, Councilmen O'Connell and Mahler moved that Ordinance #22-0-05 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 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".

On entertainment of the Mayor, 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 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 3rd day of October 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 Mayor declared the motion carried.

PUBLIC DISCUSSION:

The Mayor opened the Public Discussion.

Sandy Lawson, 28 Haskell Avenue, Haskell asked about Ordinances #18-0-05 and #19-0-05, Resolutions #122-0-05 and #129-0-05 and the status of the RSK development.

The Borough Administrator explained Ordinance #18-0-05 and #19-0-05 deal with Storms Avenue. Resolution #122-0-05 is the sale of property on Elm Street. Resolution #129-0-05 is to rescind the renewal of the liquor license pending a special ruling from the Director of the Division of Alcoholic Beverage Control. The RSK development status is they still need sewer and water capacity for that site and must prove he is exempt from the Highlands Act.

Sandy Lawson asked if the Wastewater Plan has been approved.

The Borough Administrator said it is down at the County the Stormwater Plan and the Wastewater Plan goes to the State through the Regional Sewer Authority.

Bob Ferndon, Fredericks Street, Wanaque thanked postal worker Bob Tennant for his help regarding the break ins on the street. The police were involved and caught the people who did it. Thanked the Police and the Police Chief for solving the Quik Chek robberies. Does the Council serve as the local Alcoholic Beverage Control Board? Is it the responsibility of the Attorney to question applications of the Board Attorney to make sure the rules are followed, the statutory and land use regulations? The Board of Adjustment July 6^th meeting dragged on and they attempted to establish hours of the bar. Ringwood Avenue by Valentine’s Beauty Supply have problems at Third Avenue with flooding. Regarding the park benches by the clock tower I have a workshop and will restore the benches for no fee for the town.

Sandy Lawson spoke about the Passaic County Open Space. Fifteen sites were visited on Saturday and a presentation is scheduled for the 20^th and 21^st. When is the Open Space Committee going to meet? It has been since June 2004.

The Borough Administrator said I will get a hold of Joe Fiorito.

The Mayor closed the Public Discussion.

CONSENT AGENDA:

Two (2) Applications for Raffle Licenses:

Re: Wanaque First Aid Squad Auxiliary – RL:636 and RL:637

Removed from the Consent Agenda.

Application for Bingo License:

Re: Wanaque First Aid Squad Auxiliary – BL:179

Removed from the Consent Agenda.

Application to Amend Bingo License:

Re: Saint Francis Home School Association – BL:178

Resolution #116-0-05:

Re: Refund of Tax Sale Certificate #020054 for Block 310, Lot 17 in the amount

$178.47

WHEREAS, a Tax Sale was held for 2001 delinquent Municipal charges on May 20, 2002, and

WHEREAS, PAM Investors was the successful bidder for Block 310 Lot 17 for which Tax Sale Certificate #020054 was assigned, and

WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $178.47 as per the certification of the Tax Collector.

Resolution #117-0-05:

Re: Refund of Tax overpayment on Block 228, Lot 3 in the amount of $1,200.00

WHEREAS, payments were received from the State of New Jersey for Homestead Rebates on the property listed herein that were delinquent at the time of reporting:

BLOCK LOT AMOUNT

228 3 1200.00

WHEREAS, this property has been brought current and the attorney for said property owner has requested a refund of said overpayments

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund the amount of $1200.00 as per the certification of the Tax Collector.

Resolution #118-0-05:

Re: Cap Law Exception

WHEREAS, paying for rising fuel costs under Cap Law restrictions will force local officials to under-fund essential services; and

WHEREAS, coming together with budget-busting public employee pension and benefit bills, these fuel costs threaten to undermine the ability of municipalities to adequately protect the public’s health, safety and welfare; and

WHEREAS, fuel costs affect virtually every municipal service, especially public safety, and including homeland security activities; and

WHEREAS, with no flexibility because of Cap limitations, any service cuts will jeopardize the public’s safety and security; and

WHEREAS, faced with a 2.5% Cap, these vital services will be under-funded if municipalities are forced to finance them without the flexibility provided by a Cap exception; and

WHEREAS, Hurricane Katrina’s devastation all along the Gulf Coast will only further exacerbate this problem;

NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Borough of Wanaque does hereby ask Governor Codey to direct the Local Finance Board to grant a one-year exception to all municipalities for these unanticipated costs, retroactive to July 1, 2005, which retroactivity is necessary in order to allow fiscal year municipalities to apply the exception in their current budgets; and

BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor Codey, to our State Senator, to our Representatives in the General Assembly and to the New Jersey Leaque of Municipalities.

Resolution #119-0-05:

Re: Statewide Local Domestic Preparedness Equipment Grant

WHEREAS, The Statewide Local Domestic Preparedness Equipment Grant Program which was established in 2002 in response to the 9/11 terrorist attacks in New York City, Washington, D.C. and Shanksville, Pennsylvania, has been exposed as nothing more than a way to give money to politically favored legislative districts; and

WHEREAS, The grant program was intended to help municipalities purchase first-responder equipment, such as radios, gas masks, protective “hazmat” suits and bomb-sniffing dogs, that they were unable to purchase from their own budgeted funds; and

WHEREAS, It is documented that in the three years of the program’s operation, towns in Democratic legislative districts have received 93% of the $23 million in funds which were available; and

WHEREAS, It is also documented that in the same time period, towns in Republican legislative districts received just 7% of the money available, a mere $1,647,642; and

WHEREAS, It has also been documented that Acting Governor Dick Codey and Attorney General Peter Harvey used no criteria to award funds under this grant program except for the political affiliation of the legislative district in which these municipalities are located; and

WHEREAS, this shocking use of homeland security funds for purely political purposes has put the safety and security of the citizens of this town at greater risk; and

WHEREAS, this September 11^th marks the fourth year anniversary of the 9/11 terrorist attack on the citizens of our country, in which New Jersey lost nearly 700 of its citizens; and

WHEREAS, this municipality’s Local Domestic Preparedness Equipment Grant was improperly and shamefully ignored and denied by Acting Governor Dick Codey and Attorney General Peter Harvey and based purely on the fact that it is located in a Republican legislative district.

NOW, THEREFORE, BE IT RESOLVED

1) This municipality condemns the awarding of Statewide Local Domestic Preparedness Equipment Grants for partisan purposes;

2) This municipality expresses its outrage that the Statewide Local Domestic Preparedness Equipment Grant Program did not base awarding of grants on merit:

3) This municipality calls on Acting Governor Codey and State Treasurer John McCormac to fund State homeland security grants from the $40 million currently budgeted for property tax assistance and community development projects;

4) This resolution shall take effect immediately.

Resolution #120-0-05:

Re: Resolution Authorizing the Issuance of not Exceeding $2,108,250 Bond Anticipation

Notes

EXTRACT from the minutes of a regular meeting of the Borough Council of the Borough of Wanaque, in the County of Passaic, New Jersey, held at the Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey, on September 12, 2005, at 8:00 o’clock P.M.

PRESENT: Mayor Hagstrom, Councilman Balunis, Councilman Mahler, Councilman O’Connell, Councilman Pasquareillo, Councilman Pettet, Councilman Theoharous

ABSENT: NONE

* * *

Councilman Theoharous introduced and moved the adoption of the following resolution and Councilman Mahler seconded the motion:

RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $2,108,250 BOND ANTICIPATION NOTES OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY.

BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AS FOLLOWS:

Section 1. Pursuant to a bond ordinance of The Borough of Wanaque, in the County of Passaic (herein called “local unit”) entitled: “Bond ordinance providing for the acquisition of lands in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $1,575,000 therefor and authorizing the issuance of $1,496,250 bonds or notes of the Borough for financing such appropriation”, finally adopted on June 14, 2004 (#15-0-04), Bond Anticipation Notes of the local unit in a principal amount not exceeding $1,496,250 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 2. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of the First Aid Squad building in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $210,000 therefor and authorizing the issuance of $200,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on February 14, 2005 (#1-0-05), Bond Anticipation Notes of the local unit in a principal amount not exceeding $200,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 3. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance making a supplemental appropriation of $125,000 for the improvement of Fourth Avenue and Decker Road in and by the Borough heretofore authorized to be taken by the Borough of Wanaque, in the County of Passaic, New Jersey and authorizing the issuance of $119,000 bonds or notes of the Borough for financing such supplemental appropriation”, finally adopted on February 14, 2005 (#2-0-05), Bond Anticipation Notes of the local unit in a principal amount not exceeding $119,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 4. Pursuant to a bond ordinance of the local unit 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”, finally adopted on June 13, 2005 (#15-05), Bond Anticipation Notes of the local unit in a principal amount not exceeding $108,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 5. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of the water supply and distribution 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”, finally adopted on June 13, 2005 (#16-05), Bond Anticipation Notes of the local unit in a principal amount not exceeding $185,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.

Section 6. Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey, particularly paragraph (f) thereof and in lieu of the sale of more than one issue of bonds as provided for in said Local Bond Law, the several issues of bonds of this local unit authorized pursuant to bond ordinances of the local unit hereinabove in Sections 1 through 5 described, shall be combined into a single and combined issue of bonds in the principal amount of $2,108,250.

Section 7. The following matters in connection with said Bond Anticipation Notes are hereby determined:

(a) All notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the local unit, provided that no note issued pursuant to Sections 1 through 5, inclusive, hereof shall mature later than (i) one year from the date of the first such note issued pursuant to the respective ordinances referred to in said Sections, and (ii) three years from the date of the first note issued pursuant to each such respective ordinance unless the local unit shall have paid and retired amounts of such notes sufficient to allow it, in accordance with provisions of Section 40A:2-8 of the Local Bond Law, to renew a portion thereof beyond the third anniversary date of the first of such notes;

(b) All notes issued hereunder shall bear interest at such rate or rates as may be determined by the chief financial officer of the local unit; and

(c) The notes shall be in the form prescribed by resolution heretofore adopted by the governing body of this local unit determining the form of Bond Anticipation Notes issued pursuant to the Local Bond Law, and any such notes may be signed or sealed by officers of the local unit in any manner permitted by Section 40A:2-25 of said Local Bond Law notwithstanding that said form or resolution may otherwise provide.

Section 8. The chief financial officer of the local unit is hereby authorized and directed to determine all matters in connection with said notes not determined by this or a subsequent resolution, and the signature of the chief financial officer upon said notes shall be conclusive as to such determinations.

Section 9. The chief financial officer of the local unit is hereby authorized to sell said Bond Anticipation Notes from time to time at public or private sale in such amounts as the chief financial officer may determine at not less than par and to deliver the same from time to time to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof and payment therefor.

Section 10. Any instrument issued pursuant to this resolution shall be a general obligation of the local unit, and the local unit’s faith and credit are hereby pledged to the punctual payment of the principal of and interest on said obligations and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected.

Section 11. The chief financial officer of the local unit is authorized and directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of notes pursuant to this resolution is made, such report to include the amount, description, interest rate and maturity of the notes sold, the price obtained and the name of the purchaser.

Section 12. The chief financial officer of the local unit is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of said notes to the purchasers thereof as promptly as possible, including (i) the preparation, execution and dissemination of a Preliminary Official Statement and Final Official Statement with respect to said notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to said notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to said notes in accordance with Rule 15c2‑12 promulgated by the Securities and Exchange Commission and (iv) execution of an arbitrage and use of proceeds certificate certifying that, among other things, the local unit, to the extent it is empowered and allowed under applicable law, will do and perform all acts and things necessary or desirable to assure that interest paid on said notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended.

Section 13. This resolution shall take effect immediately.

Upon motion of Councilman Theoharous, seconded by Councilman Mahler the foregoing resolution was adopted by the following vote:

AYES: Councilman Balunis, Councilman Mahler, Councilman O’Connell, Councilman Pasquariello, Councilman Pettet, Councilman Theoharous

NOES: None

Resolution #121-0-05:

Re: Permanent Appointment – Electrical Subcode Official

BE IT RESOLVED that Mark L. Barone be and is hereby permanently appointed as the Electric Subcode Official effective September 12, 2005, in accordance with the New Jersey Department of Personnel certification OL051799 dated 8/15/05.

Resolution #122-0-05:

Re: Approve Sale of Block 427, Loy 7, 8 and 9

BE IT RESOLVED the Mayor and Borough Clerk be and are hereby authorized and directed to execute a deed selling Block 423, Lot 7,8, & 9 to Eric Lohmeyer and Ann Lohmeyer.

Resolution #123-0-05:

Re: Interlocal Agreement with Wanaque Valley Regional Sewerage Authority –

Qualified Purchasing Agent Services

BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute an Interlocal Services Agreement with the Wanaque Valley Regional Sewerage Authority for Qualified Purchasing Agent Services.

Resolution #124-0-05:

Re: Interlocal Agreement with Wanaque Borough Sewerage Authority

BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute an Interlocal Services Agreement with the Wanaque Borough Sewerage Authority for Qualified Purchasing Agent Services.

Resolution #125-0-05:

Re: Chapter 159 – Highway Traffic Safety Click It or Ticket Grant - $4,000.00

WHEREAS, N.J.S.A. 40:A: 4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any Special Item of Revenue in the Budget when such item shall have been made available by law and the amount thereof was not determined at the time of adoption of the Budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount.

NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque, in the County of Passaic, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an Item of Revenue in the Budget for the year 2005 in the sum of $4,000.00

BE IT FURTHER RESOLVED that a like sum of $4,000.00 is hereby appropriated under the caption of:

CLICK IT OR TICKET IT GRANT $4,000.00

BE IT FURTHER RESOLVED, that the Municipal Clerk forward two certified copies of this Resolution to the Director of the Division of Local Government Services.

Refund of Payment to William Ponte:

Re: Escrow for Board of Adjustment Application #7-05 in the amount of $37.50

On entertainment of the Mayor, Councilmen Theoharous and Mahler 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 August 2005 ‑ NONE.

4. Municipal Court Report for July 2005 ‑ $14,435.04.

August 2005 - $19,218.13.

5. Welfare Report for August 2005 - NONE.

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

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

___________________________

Warren Hagstrom

Mayor

Engineer:

The Borough Engineer report on the construction on Fourth Avenue and Decker Road. Regarding Red Mine Road gave a letter to the Borough Administrator.

Attorney:

The Borough Attorney reported the opinion from the appellate division was received regarding the Paterson Board of Education. If it was successful it would have passed on the cost to other towns. The County would have picked up the cost for Paterson and the small towns would have paid the most cost per student. It was successful with other Municipalities in the case.

Administrator:

The Borough Administrator reported they are quickly wrapping up Ringwood Avenue. The drainage and the bump by Burnside Place is being worked on to be remilled and redone. Benches at the gazebo have been damaged. We’re looking to remove the benches and put them in front of Borough Hall and get new sturdier benches for down there. The fuel costs are hitting and we’ll need a transfer of funds top be done in November. The agreement has been ratified with the blue and white collar employees. Trees are to be planted on Meadowbrook Avenue. There are two resolutions on the agenda to appoint me as purchasing agent for the Wanaque Borough Sewerage Authority and the Wanaque Regional Sewerage Authority.

The Mayor spoke about the funds are coming in slowly for the veterans.

COMMUNICATIONS: None.

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiation/Personnel

Held to the end of the meeting.

UNFINISHED BUSINESS: None.

RESOLUTIONS:

Resolution #126-0-05:

Re: Approve Contract with Local 108 RWDSU (Blue and White Collar Employees)

BE IT RESOLVED that the Collective Bargaining Agreement between Local

108, R.W.D.S.U. and the Borough of Wanaque, for the period of January 1, 2005 to December

31, 2009 be and is hereby approved.

Resolution #127-0-05:

Re: Approve Employment Agreement – Chief of Police

BE IT RESOLVED that an Employment Agreement between the Borough of Wanaque, and John W. Reno, Chief of Police, for the period of January 1, 2005 to December 31, 2007 be and is hereby approved.

Resolution #128-0-05:

Re: Amend 2005 Salary Resolution

BE IT RESOLVED that the 2005 salary resolution be amended to reflect the salaries listed on Schedule "A" attached to and made part of this resolution.

Resolution #129-0-05:

Re: Rescind the Renewal of the Liquor License for The Gramlich Corporation –

License #1613-33-002-001

WHEREAS, Gramlich Corporation is the owner of Liquor License #1613-33-002-001 located at 750 Ringwood Avenue, Wanaque, New Jersey; and

WHEREAS, the license was renewed by the Borough of Wanaque on June 13, 2005;

WHEREAS, the license has been renewed every year as being active but has actually been inactive since March 6, 2003;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that the renewal of Liquor License #1613-33-002-001 issued to Gramlich Corporation be rescinded until the licensee file a verified petition with the Director of the Division of Alcoholic Beverage Control for a Special Ruling to renew the license for the 2005/2006 license term.

Resolution #130-0-05:

Re: Preliminary Investigation for proposed Redevelopment Area (Midvale Business

District)

WHEREAS, Article VIII, Section III of the Constitution of the State of New Jersey establishes that the clearance, planning, development or redevelopment of certain areas of the State of New Jersey shall be a public purpose and further that municipal, public or private corporations may be authorized by law to undertake such development and redevelopment, and

WHEREAS, the Legislature of the State of New Jersey has adopted a comprehensive set of redevelopment laws, the centerpiece of which is the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.), allowing for the substantial improvement to, and turnaround of, underutilized, unused, fragmented, deteriorated and generally blighted properties through the careful design, writing, and implementation of local redevelopment plans, and

WHEREAS, the State of New Jersey Development and Redevelopment Plan encourages smart growth principles to be observed and applied in the State, specifically in those areas either previously developed or designated for development in areas such as an aging Town Center, and

WHEREAS, among the purposes of such redevelopment plans authorizing the planning, zoning, acquisition, clearance, reconstruction, rehabilitation and redevelopment of such local areas is to promote the public health, safety, morals and welfare and to stimulate the proper growth of the Borough of Wanaque; and

WHEREAS, the primary goals of the Borough of Wanaque’s redevelopment effort is to improve the quality of life of township residents and improve the economic foundation of the borough so that long term property tax stability is achieved for all Wanaque taxpayers, and

WHEREAS, in furtherance of the aforesaid purposes of redevelopment and to achieve the aforesaid goals, the Borough Council finds that redevelopment is desirable in the Ringwood Avenue area of the Borough of Wanaque, and

WHEREAS, it appears that within the Ringwood Avenue area there exists property (land), buildings or other improvements which, by reason of faulty arrangement of design, deleterious land use, obsolescence or obsolete layout or other factors, have remained vacant, stagnant, unproductive, under-utilized and undervalued and may be detrimental to the safety, health, morals or welfare of the Borough of Wanaque,

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque, Passaic County, New Jersey, pursuant to N.J.S.A. 40A:12A-1et seq., that the Planning Board is hereby authorized and directed to undertake a preliminary investigation to determine whether the properties in the proposed redevelopment area, annexed hereto as Schedule A and commonly referred to as the Ringwood Avenue area, is a redevelopment area in accordance with the criteria set forth in N.J.S.A. 40A-12A-5, and

BE IT FURTHER RESOLVED that the Planning Board shall conduct a public hearing respecting the proposed redevelopment area after public notice in accordance with N.J.S.A. 40A:12A-6 and, after completing its hearing and deliberation, the Wanaque Planning Board shall submit a recommendation to the Borough Council whether the delineated area, or any part thereof, be or not be determined to be a redevelopment area.

SCHEDULE A

PROPERTY LIST

BLOCK: LOT:

220 3,4,11

221 1,3.01,4,4.01,4.02,7,9

229 1,2,3,4,5,6

230 none

231 5.01,5.02,7,8,9,10,11,12,13

232 2,4,6,8,10,11,14

233 1.01,2,3,4,5,6,7

234 none

235 7,8,9,10,11,12,13

236 1,2,3,4,9,9.01,10,11

236.01 22,23,24

On entertainment of the Mayor, Councilmen Mahler and Balunis moved a motion to contact the County to hang a banner across Ringwood Avenue to welcome home a resident in the service returning from Iraq.

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 2004 $ 5,057.75

CURRENT 2005 202,111.52

CURRENT PRE-PAID 1,326,083.32

WATER OPERATING 2004 1,052.00

WATER OPERATING 2005 21,645.64

WATER OPERATING PRE-PAID 1,138.34

GENERAL CAPITAL 35,412.81

DOG DEDICATED 48.00

RECREATION TRUST FUND 3,230.00

OTHER TRUST 100.00

UNEMPLOYMENT/DISABILITY 2,188.89

RECYCLING TRUST 3,727.40

PUBLIC ASSISTANCE __ 11,339.00__

TOTAL VOUCHERS $1,613,134.67

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

APPROVED: September 12, 2005

___________________________

Warren Hagstrom

Mayor

Payrolls:

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

Payroll #16 p/e 8/12/05 $166,124.56

Payroll #17 p/e 8/26/05 $165,396.33

Payroll #18 p/e 9/09/05 _$170,085.02_

Payroll Total $501,605.91

GRAND TOTAL $2,114,740.58

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

APPROVED: September 12, 2005

_______________________________

Warren Hagstrom

Mayor

NEW BUSINESS:

Closed Session:

Re: Litigation/Negotiation/Personnel

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

3. The Mayor and Council shall release and disclose to the general public the

discussion and actions taken on the subject matter of the above mentioned closed session when the reasons for discussing and acting on the matter in closed session no longer exist, but no later than one month of the Mayor and Council arriving at a final decision on the specified subject matter.

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

RECONVENEMENT:

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

On roll call, all were present.

Two (2) Applications for Raffle Licenses:

Re: Wanaque First Aid Squad Auxiliary – RL:636 and RL:637

Application for Bingo License:

Re: Wanaque First Aid Squad Auxiliary – BL:179

On entertainment of the Mayor, Councilmen Balunis and Mahler moved a motion to waive any fees to the Borough for Raffle or Bingo Licenses from the Wanaque First Aid Squad Auxiliary.

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

ADJOURNMENT:

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

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 9:55 P.M.

__________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk