MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

MINUTES
Special Meeting
March 30, 2009

A Special Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, March 30, 2009 at 7:00 P.M. in the Wanaque Municipal Building.

The Mayor called the meeting to order with the flag salute.

ROLL CALL:

On roll call, the following Council Members responded: Balunis, Cisco, Pettet and Theoharous. Councilmen O’Connell and Pasquariello were absent. The Borough Attorney was present. The Borough Engineer was absent. The Mayor declared a quorum.

The Mayor read the following Sunshine Statement: Adequate notice of this meeting has been provided by the Mayor and Council by e-mailing notice of this meeting to the Suburban Trends and the Herald News newspapers on March 25, 2009 stating therein that this meeting would be held on Monday, March 30, 2009 at the time of 7:00 P.M., in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey, and a copy of this notice was posted on the bulletin board in the Wanaque Municipal Building on March 25, 2009, and a copy is on file in the office of the Municipal Clerk.

ORDINANCE:

Introduction of Ord. #6-0-09:
Re: Ordinance to exceed the Municipal Budget Appropriation Limits and to establish
a CAP Bank

On entertainment of the Mayor, Councilmen Theoharous and Pettet moved that Ordinance #6-0-09 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:

CALENDAR YEAR 2009
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)

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

BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK pass 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 20th day of April 2009, 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, except Councilman Balunis, Councilwoman Cisco who voted no, the Mayor declared a tie and broke the tie with a yes vote.

RESOLUTIONS:

Resolution – Increase in Deferred Regional High School Taxes

Councilmen Pettet and Theoharous moved that,

RESOLUTION OF THE BOROUGH OF WANAQUE
AUTHORIZING INCREASE IN DEFERRED REGIONAL HIGH SCHOOL TAXES


WHEREAS, the Division of Local Government Services requires that the Governing Body of any municipality which has Deferred Regional High School Taxes must authorize any increase in the deferral of any additional amounts, and
WHEREAS, the Governing Body has decided that an increase in Deferred Regional High School Taxes is in the best interest of the Borough at this time,
NOW, THEREFORE, BE IT RESOLVED by the Governing Body that the following Deferred Regional High School Taxes be hereby increased for the year ended December 31, 2008 as follows:
Deferred
Regional High
School Taxes

Amount Deferred 12/31/08 3,394,730.00
Amount Deferred 12/31/07 3,244,804.50

149,925.50

BE IT FURTHER RESOLVED by the Governing Body that a certified copy of this resolution be filed with the Director of the Division of Local Government Services.
Adopted this 30th day of March, 2009, and
certified as a true copy of an original.

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

Resolution – Application for Tax Levy Waiver

Councilmen Theoharous and Pettet moved that,

Resolution of the Borough of Wanaque
Making Application to the Local Finance Board
Pursuant To N.J.S.A 40A:4-45.46

WHEREAS, the Governing Body of the Borough of Wanaque in the County of Passaic desires to make application to the Local Finance Board for its approval of a proposed levy waiver pursuant to N.J.S.A. 40A:4-45.46 and,

WHEREAS, the Governing Body believes that:

(a) it is in the public interest to accomplish such purpose; and,
(b) the levy waiver is for the health, wealth, convenience or betterment of the inhabitants of the Borough of Wanaque; and,
(c) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Borough of Wanaque and will not create an undue financial burden to be placed upon the Borough of Wanaque;

NOW THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Wanaque as follows:

Section 1. The application to the Local Finance Board is hereby approved, and the Chief Financial Officer, along with other representatives of the Borough of Wanaque are hereby authorized to prepare such application and to represent the Borough of Wanaque in matters pertaining thereto.
Section 2. The Municipal Clerk of the Borough of Wanaque is hereby directed to
file a copy of the proposed surplus, levy waiver with the Local Finance Board as part of such application.
Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

Recorded Vote
AYE: Councilwoman Cisco, Councilman Pettet, Councilman Theoharous
NO: Councilman Balunis
ABSTAIN: NONE
ABSENT: Councilman O’Connell, Councilman Pasquariello

Certification:
The foregoing is a true copy of a resolution adopted by the Governing Body of the Borough of Wanaque on March 30, 2009.

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

Resolution – Pension Contribution Waiver

Councilmen Pettet and Theoharous moved that,

Resolution of Borough of Wanaque
Making Application to the Local Finance Board for
a Reduced Pension Contribution
Pursuant to N.J.S.A 43:15A-24(c) and/or
N.J.S.A. 43:16A-15(9)

WHEREAS, the Borough Council of the Borough of Wanaque in the County of
Passaic desires to make application to the Local Finance Board for its approval of a reduced pension contribution pursuant for its Police and Fire Retirement System contribution pursuant to N.J.S.A. 43:15A-24(c) and its Public Employee Retirement System contribution pursuant to N.J.S.A. 43:16A-15(9) for certain normal and accrued liability contributions in the amount of:
• Police and Fire Retirement System in the amount of $234,925
• Public Employee Retirement System in the amount of $80,352 ; and,

WHEREAS, the Borough Council has made certain determinations concerning this application as required by statute and has completed the required Attachment that documents said determinations; and,

WHEREAS, the Borough Council determined that it needs to pay the reduced contribution and said determination is in the public interest; and,

1. the inability of the Borough of Wanaque to meet the cap without jeopardizing public safety, health, and welfare or jeopardizing the fiscal stability or

NOW THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque in the County of Passaic as follows:

Section 1. The reduced pension contribution Attachment, as attached hereto, is incorporated by reference into this Resolution as if contained fully within.

Section 2. The reduced pension contribution for PFRS in the amount of $234,925 and PERS in the amount of $80,352, pursuant to N.J.S.A. 43:15A-24(c) and/or N.J.S.A. 43:16A-15(9) et. seq. have been confirmed by the Chief Financial Officer and are the amounts deemed by the governing body for application to the Local Finance Board and as allowed by the New Jersey Division of Pension and Benefits.

Section 3. The application to the Local Finance Board is hereby approved, and the Chief Financial Officer, along with other representatives of the Borough of Wanaque are hereby authorized to submit such application and to represent the Wanaque in matters pertaining thereto.

Section 4. The Certification of the Chief Financial Officer of the Borough of Wanaque, is incorporated into this Resolution as a certification of the truth and accuracy of the facts submitted in the application for pension deferral.

Section 5. The Clerk of the Borough of Wanaque is hereby directed to file a copy of this reduced pension contribution resolution as part of the application with the Local Finance Board.

Section 6. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by law .

Recorded Vote
AYE: Councilwoman Cisco, Councilman Pettet, Councilman Theoharous
NO: Councilman Balunis
ABSTAIN: NONE
ABSENT: Councilman O’Connell, Councilman Pasquariello

Certification of Clerk:

The foregoing is a true copy of a resolution and pension deferral application adopted by the Borough Council of the Borough of Wanaque on March 30, 2009

______________________________ _________________________
(Signature and seal of clerk) Date

Certification of Chief Financial Officer:

I, Mary Ann Brindisi, Chief Financial Officer, of the Borough of Wanaque in the County of Passaic do hereby declare:

1. That the documents submitted herewith and the statements contained herein are true to the best of my knowledge and belief; and

2. That this application was considered, confirmed and approved, by this Resolution, by the governing body of the Borough of Wanaque, County of Passaic, on March 30, 2009.

______________________________ _________________________
Signature of Chief Financial Officer Date

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

Resolution – Introduction of 2009 Operating and Water Utility Budgets

INTRODUCTION OF 2008 CURRENT AND WATER UTILITY BUDGET:
Resolution #69-0-09 and Resolution #70-0-09 – Deferred School Taxes

The Borough Administrator gave a presentation on the budget.

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

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2009. It is hereby certified that the Budget and Capital Budget annexed hereto and hereby made a part hereof is a true copy of the Budget and Capital Budget approved by resolution of the Governing Body on the 30th day of March, 2009 and that public advertisement will be made in accordance with the provisions of N.J.S. 40A:4-6 and N.J.A.C. 5:30-4.4(d). Certified by me, this 30th day of March, 2009, Katherine J. Falone, Clerk. It is hereby certified that the approved Budget annexed hereto and hereby made a part is an exact copy of the original on file with the Clerk of the Governing Body, that all additions are correct, all statements contained herein are in proof and the total of anticipated revenues equals the total of appropriations. Certified by me, this 30th day of March, 2009, Charles J. Ferraioli, Jr., Registered Municipal Accountant, Certified by me, this 30th day of March, 2009, Mary Ann Brindisi, Chief Financial Officer.

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

Councilmen Pettet and Theoharous moved that,

Municipal Budget of the Borough of Wanaque, County of Passaic for the Fiscal Year 2008:
BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2008;
BE IT FURTHER RESOLVED, that said Budget be published by summary only in the Suburban Trends in the issue of March 30, 2008;
The Governing Body of the Borough of Wanaque does hereby approve the following as the Budget for the year 2008:

RECORDED VOTE: Ayes: Cisco Nays: Balunis
Pettet
Theoharous Abstained: NONE

Absent: O’Connell
Pasquariello

Notice is hereby given that the Budget and Tax Resolution was approved by the Governing Body of the Borough of Wanaque, County of Passaic, on March 30, 2009.
A Hearing on the Budget and Tax Resolution will be held at the Municipal Building, on April 20, 2009 at 8:00 P.M. at which time and place objections to said Budget and Tax Resolution for the year 2009 may be presented by taxpayers or other interested persons.

On roll call, all voted yes, except Councilman Balunis and Councilwoman Cisco who voted no, the Mayor declared a tie and broke the tie with a yes vote.

Resolution – Resolution to veto Bill S2577 – A3772 – Conversion of Age Restricted housing.

Councilmen Balunis and Pettet moved a motion to do a supporting Resolution.
On roll call, all voted yes and the Mayor declared the motion carried.

The Borough Administratrator checked with the auditor and need one more vote introduce the budget.
Councilmen Pettet and Theoharous moved a motion to introduce the budget.
On roll call, all voted yes, except Councilman Balunis who voted no, the Mayor declared the motion carried.

Resolution – Resolution to file lawsuit regarding Wanaque Valley Regional Sewerage Authority.

Councilman Balunis and Councilwoman Cisco moved a motion to approve the resolution.
On roll call, all voted yes, and the Mayor declared the motion carried.

Public Discussion:

The Mayor opened the Public Discussion.

John Maiello, 26 Rhinesmith Avenue, Wanaque spoke about the two resolutions on the agenda regarding the budget.

Dave DaSilva, 108 Monroe Street, Haskell spoke about the resolutions on the agenda for increase of deferred regional high school taxes and the tax levy waiver. When was the notice for the meeting done and why was the agenda changed. We should be able to give an opinion before you vote on items. Should give the public notice.
The Mayor said the notice was sent on Wednesday and I changed the agenda.
John Maiello, 26 Rhinesmith Avenue, Wanaque said a suggestion is maybe you can have two public discussions at the meeting. Do you have an idea of what the county taxes are going up and the schools is three hundred a pretty good guess.

John DiMeglio, 414 Ringwood Avenue, Wanaque thanked the Mayor and Council for taking action on the Wanaque Valley Regional Sewerage Authority situation.

Grace Maiello, 26 Rhinesmith Avenue, Wanaque spoke about the stimulus money available and have we applied for it.
The Borough Administrator said there was an article in the paper and we should be at the top of the list. The construction is ready to go and it should be a zero interest loan.
Grace Maiello said that’s good. Thank you.

The Mayor closed the Public Discussion.

ADJOURNMENT:

On entertainment of the Mayor, Councilmen Pettet and Theoharous moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 7:45 P.M.

___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk