MAYOR AND COUNCIL MEETING
BOROUGH OF WANAQUE
MINUTES
Regular Meeting
February 8, 2010A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, February 8, 2010, at 8:10 P.M. in the Wanaque Municipal Building.
The Mayor called the meeting to order and asked the Boy Scouts to lead the flag salute.
On roll call, the following Council Members responded: Balunis, Cisco, Cortellessa, Pasquariello, Pettet and Theoharous. The Mayor declared a quorum. The Borough Attorney and Borough Engineer 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 6, 2010, and a notice thereof has been posted on January 6, 2010 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file with the Municipal Clerk.PRESENTATIONS:
Re: Volunteer of the Year Award 2009The Mayor and Recreation Commission members Joanne Dandrea and Dan Sinclair presented a plaque to the Volunteer of the Year Award 2009 recipient Lynn Van Dugteren. The Mayor presented a plaque to the Boy Scouts for their 100th Anniversary.
The Mayor said we’ll take a five minute break.
The Mayor called the meeting to order.
On roll call, the following Council Members responded: Balunis, Cisco, Cortellessa, Pasquariello, Pettet and Theoharous.PRESENTATIONS:
Re: Volunteer of the Year Award 2009The Mayor and Recreation Commission presented a plaque to the Volunteer of the Year Award 2009 recipient.
PROCLAMATION:
The Mayor read the following Proclamations.
100th Anniversary of the Boy Scouts of America
WHEREAS, the Boy Scouts of America was established February 8, 1910 and for one hundred years has created a strong foundation of leadership, service and community for millions of American youth; and
WHEREAS, the Boy Scouts of America provides a program that builds character, trains Scouts in the responsibilities of participating citizenship and develops personal fitness; and
WHEREAS, with every rank advancement comes new challenges, new adventures and new friends for Scouts and those Scouters who accompany them along the way: and
WHEREAS, the Boy Scouts of America has nurtured and honored over two million Eagle Scouts; and
WHEREAS, the Boy Scouts of America alumni share memories that last a lifetime; and
WHEREAS, Scouting celebrates its legacy and reaffirms its commitment to inspire and prepare future generations.
NOW, THEREFORE, BE IT PROCLAIMED that the Boy Scouts of America and its Borough of Wanaque Tiger Cubs, Cub Scouts, and Boy Scouts – their leaders and sponsoring organizations – are hereby honored by the Borough of Wanaque Municipal Mayor and Council for making a difference in Wanaque by their dedication of Scouting’s core values – leadership, character, community service, achievement and stewardship of the environment.Read Across America Day – March 2, 2010
WHEREAS, the citizens of Wanaque stand firmly committed to promoting
reading as the catalyst for our student’s future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and
WHEREAS, Wanaque has provided significant leadership in the area of community
involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well being and long term quality of life; and
WHEREAS, NEA’S Read Across America, a national celebration of reading on
March 2, 2010, which would have been the 106TH birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and
WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, and their local affiliates across the state to promote reading and adult involvement in the education of our community’s students;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council calls on the citizens of The Borough of Wanaque to assure that every child is in a safe place reading together with a caring adult on March 2, 2010;
AND BE IT FURTHER RESOLVED that this body enthusiastically endorses
NEA’s Read Across America and Read Across America-NJ, and recommits our community to engage in programs and activities to make America's children the best readers in the world.National Day of Prayer – May 6, 2010
WHEREAS, The Supreme Court has affirmed the right of State legislatures to open their sessions with prayer and the Supreme Court and the U.S. Congress themselves begin each day with prayer; and
WHEREAS, In 1988, legislation setting aside the first Thursday in May in each year as a National Day of Prayer was passed unanimously by both Houses of Congress and signed by President Ronald Reagan; and
WHEREAS, The National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received to request healing for wounds endured, and to ask God to guide our leaders and bring wholeness to the United States and her Citizens; and
WHEREAS, It is fitting and proper to give thanks to God by observing a day of
prayer in Wanaque when all may acknowledge our blessings and express gratitude for them, while recognizing the need for strengthening religious and moral values in our State and nation;
NOW, THEREFORE, I Daniel Mahler, Mayor of the town of Wanaque, do hereby proclaim the first Thursday in May, 2010, to be designated as"A DAY OF PRAYER IN WANAQUE"
and encourage the citizens of Wanaque to observe the day in ways appropriate to its importance and significance.
MINUTES:
Regular Meeting of December 14, 2009, Special Meeting of December 28, 2009, Re-Organization Meeting of January 4, 2010 and Regular Meeting of January 11, 2010.
On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved a motion to approve the Regular Meeting of December 14, 2009.
On roll call, all voted yes, except Councilman Cortellessa who abstained and the Mayor declared the motion carried.On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to approve the Special Meeting of December 28, 2009.
On roll call, all voted yes, except Councilman Cortellessa who abstained and the Mayor declared the motion carried.On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to approve the Re-Organization Meeting of January 4, 2010.
On roll call, all voted yes, and the Mayor declared the motion carried.On entertainment of the Mayor, Councilmen Pettet and Theoharous moved a motion to approve the Re-Organization Meeting of January 11, 2010.
On roll call, all voted yes, and the Mayor declared the motion carried.
ORDINANCES:Public Hearing of Ord. #1-0-10:
Re: An Ordinance Repealing Provisions of Chapter 85 entitled “Peace and Good
Order” (Loitering)
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion that Ordinance #1-0-10 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 REPEALING AND REVISING CERTAIN PROVISIONS OF CHAPTER 85 ENTITLED “PEACE AND GOOD ORDER” OF THE CODE OF THE BOROUGH OF WANAQUE CODE.
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
REPEALING AND REVISING CERTAIN PROVISIONS OF CHAPTER 85 ENTITLED “PEACE AND GOOD ORDER” OF THE CODE OF THE BOROUGH OF WANAQUE CODE 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. #2-0-10:
Re: Amend Chapter 108 – Vehicles and Traffic, Alternate Side Parking on Decker
Road and a portion of Bergen Avenue
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion that Ordinance #2-0-10 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 THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES & TRAFFIC TO AMEND SECTION 108-25, PARKING RESTRICTIONS DURING SNOW REMOVAL.
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.
Robert Fedor, 25 Bergen Avenue, Haskell said because people can’t plow you shouldn’t change the Ordinance for parking. The curbs were done and the street is smaller. There are a lot of cars on the street and where do we park.
The Mayor said the Ordinance says 1:00 A.M. to 6:00 A.M. and I said to make it during the day.
Robert Fedor said we park on the yard. I have four drivers.
Councilman Cortellessa said didn’t the police department talk about a safety issue related to this subject. We should not make any exceptions to the issues.
The Borough Administrator said when the roads were redone they were made bigger, twenty eight to thirty feet. People were parking off the road on the property. We said not to do alternate side of the street initially. The last couple of years the cars were not being moved and when they were moved it was ice and we received complaints from residents that snow was pushed in front of the neighbors.John Maiello, 26 Rhinesmith Avenue, Wanaque said I’m confused because certain times of the day I get a ticket for parking and people in Haskell are exempt from getting a ticket.
The Mayor said reconstructed road piece on Bergen Avenue the dirt and gravel took their parking spaces.
John Maiello said there is preferential treatment and I should be allowed to park on any street without being penalized.Brian Dean, 21 Bergen Avenue, Haskell said I see a different view as I have a bad back problem and the neighbor has cars for their kids and my wife has to shovel and it is not fair we need a solution.
The Mayor said we thought of doing it during the day when the kids are in school.
Brian Dean said something needs to be done and it has to be taken care of.Doug Uhlendorf, 26 Decker Road, Haskell said when we see the plow coming we move our cars. The street used to be smaller now it’s bigger. We had ten feet of parking and now it’s a curb and seven feet less for parking. There is still twenty one feet of roadway and I agree to make in parking in the morning not the overnight. Where do we park the other cars.
Councilman Cortellessa said what other restrictions are in town.
The Borough Administrator said there is no parking or alternate side parking.
Councilwoman Cisco said maybe be need to address that.
The Mayor maybe we need to address all the streets.
Police Captain Fackina said the spirit of the Ordinance is to allow alternate side parking. We voiced concern of Bergen Avenue and Decker Road the cars being across from each other. Any time is snows there is one and half car width along the road. It needs alternate side and people know the night before. Whether you do that there during the day or night keep it the same for the whole town. The majority is no parking for most streets.John Maiello, 26 Rhinesmith Avenue, Wanaque said there should be a uniform Ordinance for all streets. I have a driveway for four cars and it allows to park in the driveway for our friends. It should be uniform for everyone in town. You should hold off and have a uniform Ordinance on parking.
The Borough Administrator said other towns have alternate parking and comments should be worked in that Captain Fackina gave you. The signs would need to be replaced and there is the budget situation.Robert Fedor, 25 Bergen Avenue, Haskell said there is a sign on Father Hayes Drive but the bus parks on the road there.
Councilwoman Cisco said no they are encroaching and parking on the property owned by the church.The Mayor closed the Public Hearing.
Councilmen Theoharous and Pettet moved a motion to table Ordinance #2-0-10 to March 8, 2010.
On roll call, all voted yes, except Councilwoman Cisco, Councilmen Cortellessa and Pasquariello who voted no. The Mayor voted yes and broke a tie vote declaring the motion carried to table Ordinance #2-0-10 to March 8, 2010.Introduction of Ord. #3-0-10:
Re: Amend Chapter 111, Water to amend Water RatesOn entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved that Ordinance #3-0-10 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 THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 111, “WATER” TO AMEND SECTION 111-32 CHARGES.
On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 111, “WATER” TO AMEND SECTION 111-32 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 8th day of March 2010, 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.COMMITTEE REPORTS: (Work Meeting)
PUBLIC DISCUSSION:
The Mayor opened the Public Discussion.
John Maiello, 26 Rhinesmith Avenue, Wanaque said the grant is 1.5 million dollars and the renovations cost three million dollars is that right.
Councilman Cortellessa said maybe a little more 3.4 I believe it was.
John Maiello said have they floated the bond for that yet.
Councilman Cortellessa said this is the Regional Sewer Authority. This is not the Wanaque Sewer Authority and I believe they have.
John Maiello said will it raise our sewer rate.
Councilman Cortellessa said they did not speak about sewer rate increases at this point at the meeting.
Johm Maiello said they probably will. Do you know what the interest rate is.
The Mayor said I don’t know off the top of my head.
Councilman Cortellessa said it was very, very low.
Councilman Balunis said actually they can’t raise the rate we would have to raise the rates.Police Chief John Reno said regarding the parking keep in mind when addressing the Ordinance for overnight parking has been in effect for twenty years and it was not much of a problem. A lot of the plowing is done at night and should not put alternate side in the whole town and it is not a significant cost factor.
Dave DaSilva, 108 Monroe Street, Haskell said regarding Ordinance #3-0-10 will the auditor be here next month during the public hearing.
The Borough Administrator said no.
The Mayor said he should be here next month.
Dave DaSilva said what are the budgetary transfers total.
The Mayor said thirty eight thousand dollars offhand.
Dave DaSilva said can I get a copy of the budgetary transfers and can we save the liquor license for 815 Ringwood Avenue.
The Mayor said yes you can get a copy.
The Borough Attorney said there were options the town had and conditions were imposed on the license and there was a hearing with the Administrative Law Judge. The Council chose not to close the business.
The Mayor said can’t force them to sell it.
The Borough Attorney said there are a number of violations that are still pending.
Dave DaSilva said who initiates a pocket license.
The Borough Attorney said there is a process to follow and they haven’t followed it.
Dave DaSilva said so the property stays the way it is. On 15.2 the Bond Anticipate Note some funds are from Open Space.
The Borough Administrator said to dedicate Open Space you must apply it against the balance.
Dave DaSilva said what is the status of the Candle factory.
The Borough Administrator said they are bankrupt.
Dave DaSilva said is there anyone to contact about the maintenance of the property.
The Borough Attorney said it will probably take months to have someone take hold of the property.
Dave DaSilva said the weeds are starting to come out.
The Borough Attorney said it is still the property owner to notify if there are issues.
Dave DaSilva said how long does the temporary budget last.
The Borough Administrator said three months. The State allows you to operate on a temporary budget until the budget is adopted.
Dave DaSilva said is the twenty six percent of the actual budget.
The Borough Administrator said it is the actual for 2009.
Dave DaSilva said there are no revenues just expenditures.
The Borough Administrator said just expenditures and emergency appropriations.
Dave DaSilva said did you analyze the department heads of what the actual needs are.
The Borough Administrator said they gave over the last eighteen months one hundred twenty five thousand dollars out of a million dollars. We are in the process of getting the surplus numbers and decide the CAP numbers.
Dave DaSilva said then you would go to the emergency appropriation.
The Borough Administrator said yes.
The Mayor closed the Public Discussion.
CONSENT AGENDA:
Application for Raffle License:
Re: Wanaque First Aid Squad Auxiliary – RA:730Application for Amusement Machine License:
Re: Joseph Agostino, 18 Railroad Avenue, Wanaque – “Flip’s” (Approved by the
Police Chief and Fire Official)Application for Used Car Lot:
Re: Ameri-Car and Truck Sales, Inc. 891 Ringwood Avenue, Haskell (Approved by
the Police Chief, Building Inspector and Health Inspector)Letter of Resignation from Volunteer Fire Department:
Re: Michael Hart, 895 Ringwood Avenue, Haskell remove from the rolls of Company
Number 2Resolution #29-0-10:
Re: Budgetary TransfersBE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2009 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
099-142 $11,000.00 099-124 $22,000.00
CCO S&W Police S&W
99-132 $ 5,500.00
DPW S&W099-101 $ 5,500.00
Admin S&W099-101 $ 1,500.00 099-104 $ 1,500.00
Admin. S&W Munic Clerk S&W099-139 $ 750.00 099-117 $ 750.00
Rec S&W Public Bldg S&W104-212 $ 400.00 128-291 $ 400.00
Munic Clerk OE WFAS
104-212 $ 600.00 134-299 $ 600.00
Munic. Clerk OE Bd of Health OE
105-212 $ 500.00 132-261 $ 500.00
Data Proc. DPW OE104-231 $ 500.00 132-261 $ 500.00
Munic Clerk OE DPW OE107-249 $ 1,700.00 119-233 $ 2,700.00
Tax Assessor OE Plan Bd OE109-217 $ 600.00
Tax Coll OE117-203 $ 400.00
Public Bldg. OE125-263 $ 1,900.00 124-264 $ 5,000.00
Police Car Police OE136-258 $ 1,100.00
Sanitation135-252 $ 2,000.00
Veg. Waste135-252 $ 450.00 111-276 $ 1,000.00
Veg. Waste Legal135-253 $ 550.00
Veg. Waste146-205 $ 2,500.00 146-202 $ 2,500.00
Street Lights GasolinePayment to County of Passaic:
Re: 1st Quarter Taxes for the Year 2010 in the amount of $1,726,063.52
Payment to County of Passaic:
Re: Open Space Taxes for the 1st Quarter Year 2010 in the amount of $35,077.08Resolution #30-0-10:
Re: Health Benefit PolicyWHEREAS, the Borough of Wanaque established a program for employees to opt-out of receiving health benefits in lieu of receiving a cash payment; and
WHEREAS, it is necessary to restate and amend this policy.
NOW, THEREFORE, BE IT RESOLVED as follows:
1) Any employee who is eligible for health benefits, and is covered by another plan held by a spouse or partner, may decline receiving health benefits from the Borough in-lieu of a cash payment.
2) Any employee who is eligible for employee/partner, parent/child, or family coverage, and declines a portion of this coverage, which results in a savings, shall be eligible for a pro-rate portion of the in lieu of payment.
3) Any employee receiving coverage from other than the Borough, and loses said coverage, shall be eligible to re-enroll at any time with proof of the loss of coverage.
4) Any employee receiving an in-lieu of payment may re-enroll in health benefits during the open enrollment period.
5) In-lieu of payment may be continued into retirement if the retiree is eligible for post retirement benefits subject to the requirements of the health insurance provider.In-Lieu of Coverage Payment.
1) The in-lieu of coverage payment shall be 40% of the highest premium for coverage available to Borough employees, and shall be based on the level of eligibility for the employee.
2) In-lieu of coverage payment shall be paid through payroll (24 pays) and is subject to all Federal and State taxes.
3) Any retiree receiving an in-lieu of coverage cash payment shall be paid on the third month of each quarter, and the retiree shall receive a 1099 for monies received.Resolution #31-0-10:
Re: Surplus PropertyBE IT RESOLVED that the following vehicles are declared surplus property in accordance with N.J.S.A. 40A:11-36:
Generator/Trailer Combination
Trailer: Serial#509284
Generator: ONAN GENSET Serial #L83068847
and;
BE IT FURTHER RESOLVED that the Borough Administrator is authorized to hold this auction by open public sale or by internet auction at Govdeals.com.Resolution #32-0-10:
Re: Professional Services – COAH Affordable Housing AdministrationBE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized and directed to execute an agreement with Community Grants, Planning and Housing Program for 2010 at a cost not to exceed $4,700, and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in the Housing Trust Account.
Resolution #33-0-10:
Re: Status of Liquor License – 815 Ringwood Avenue, HaskellBE IT RESOLVED that Liquor License #1613-32-015-009 issued to and held by 815 Ringwood Avenue Realty, LLC has failed to file a renewal application prior to September 28, 2009 for the 2009/2010 License term and the license has lapsed for failure to renew.
Resolution #34-0-10:
Re: Opposing Assembly Bill 4280 and Senate Bill 3045 “Time of Decision” RuleOPPOSING ASSEMBLY BILL 4280 AND SENATE BILL 3045 “TIME OF DECISION” RULE
WHEREAS, A-4280 and S-3045 would effectively eliminate the “time of decision” rule; and
WHEREAS, these bills would grant protection to any Land Use application once it has been submitted for consideration by the municipal Planning Board or Zoning Board of Adjustment virtually making these applications immune from any change in municipal zoning ordinances; and
WHEREAS, the “time of decision rule” is a judicially recognized principle that decisions are made on the basis of laws, ordinances and regulations in effect at the time the decision is rendered; and
WHEREAS, this rule was created out of judicial respect for the separate powers vested in legislative bodies providing a mechanism to correct errors or close unanticipated loopholes, in statutory or ordinance language; and
WHEREAS, the Courts have applied this rule to allow municipalities to rectify an error in a zoning ordinance, thus giving the Governing body the opportunity to perfect a legislative policy that has been found to be imperfectly expressed; and
WHEREAS, municipalities are best equipped to address local land use issues and should be provided with discretion and the tools necessary to establish appropriate laws, regulations and controls that would address any unforeseen errors and/or loopholes, which are discovered after an application has been submitted.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that the Borough opposes S-3045 and A-4280; and
BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to members of the Legislation representing the 40th Legislative and the New Jersey State League of Municipalities.
Resolution #35-0-10:
Re: Approve Final Payment – Mike Fitzpatrick and Son – Storms Avenue Pump
StationBE IT RESOLVED that progress payment #5 in the amount of $30,279.06 and final payment of $14,490.30 be paid to Mike Fitzpatrick & Son, 16 Cozy Lake Drive, Oak Ridge, N.J. for the reconstruction of the Storms Avenue Pump Station.
Two (2) Applications for Flea Markets:
Re: 1) Wanaque Reserve, 11100 Warren’s Way, Wanaque – Saturday, June 5, 2010
(Rain Date – June 6, 2010), 2) Wanaque Borough Fire Department Ladies
Auxiliary, One Fourth Avenue, Haskell – Saturday, May 1, 2010 (Rain Date – May 2, 2010)
Application for Bingo License:
Re: Wanaque Reserve Senior Citizens Association – BA:187On entertainment of the Mayor, Councilman Balunis and Councilwoman Cisco moved a motion to approve the aforementioned Consent Agenda.
On roll call, all voted yes, except Councilman Cortellessa who abstained 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 January 2010 NONE.
4. Municipal Court Report for January 2010
5. Welfare Report for January 2010 - NONE.On entertainment of the Mayor, Councilmen Pasquariello and Pettet 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.___________________________
Daniel Mahler
Mayor
Administrator:Engineer:
Attorney:
COMMUNICATIONS:
Letter from Lorraine LaNeve:
Re: Requesting permission to gather at the Wanaque War Memorial at 12:00 Noon on May 6, 2010 for National Day of Prayer and ProclamationNEW BUSINESS:
Resolution #36-0-10:
Re: Resolution approving Fire Department request for 100th Anniversary Parade on
June 12, 2010No Resolution was done.
Resolution #37-0-10:
Re: Resolution waiving provisions of Chapter 84-7.1 to allow sale and consumption of alcoholic beverages at Addice Park by the Wanaque Fire Department on June 12, 2010On entertainment of the Mayor, Councilmen Theoharous and Cortellessa moved that,
WHEREAS, the Wanaque Borough Fire Department is celebrating its 100th Anniversary on June 12, 2010 with a parade along Ringwood Avenue and a festival at Addice Park; and
WHEREAS, the Wanaque Borough Fire Department has requested that the prohibition of alcoholic beverages on municipal property, Chapter 85-7.1 of the Borough Code be waived for the day; and
WHEREAS, the Wanaque Borough Fire Department has prepared a plan to limit alcohol consumption to one specific area of the park, and will provide adequate supervision so that alcohol is not brought into other areas of the park, and said plan is satisfactory to the Governing Body.
NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Wanaque does hereby relax the provisions of Chapter 84-7.1 regarding the consumption of alcoholic beverages on Borough property, solely during the hours of
1 P.M. to 8 P.M. on Saturday, June 12, 2010 for the Wanaque Borough Fire Department 100th Anniversary festival and only in the specific area designated for alcohol consumption; and
BE IT FURTHER RESOLVED that this exception is for this one specific event, and shall not be interpreted to allow alcohol consumption on any Borough property at any other time.On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #38-0-10:
Re: Resolution requesting Board of Freeholders to approve Fire Departments request
to close Ringwood Avenue on June 12, 2010On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved that,
WHEREAS, the Wanaque Borough Fire Department requested that the County of Passaic allow the closure of Ringwood Avenue from Union Avenue to Conklintown Road on June 12, 2010 between the hours of 12 noon to 4 P.M. in order for the Department to host its 100th Anniversary Parade; and
WHEREAS, the Governing Body of the Borough of Wanaque fully supports this activity.
NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Wanaque does hereby endorse the request of the Wanaque Borough Fire Department and requests the Passaic County Board of Chosen Freeholders to approve this application.On roll call, all voted yes, and the Mayor declared the motion carried.
Letter of Resignation from Dominick Cortellessa from the Board of Adjustment:
On entertainment of the Mayor, Councilwoman Cisco and Councilman Pasquariello moved a motion to accept the aforementioned letter of resignation.
On roll call, all voted yes, except Councilman Cortellessa who abstained, and the Mayor declared the motion carried.Closed Session:
Re: Litigation / Negotiation / PersonnelHeld to the end of the meeting.
UNFINISHED BUSINESS:
Creation of Historical Commission:
Held to the next meeting.
RESOLUTIONS:
Resolution #39-0-10:
Re: Approve submission of Application to PCIA for $2.4 Million Dollar Loan under
RZEDB program for Ringwood Avenue Water MainOn entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
WHEREAS, the Borough of Wanaque is planning to replace the water main and water service in Ringwood Avenue from Fr. Hayes Drive to the Ringwood line; and
WHEREAS, the Borough wishes to obtain financing which is most favorable to the rate payers of the Wanaque Water Utility; and
WHEREAS, the Passaic County Improvement Authority is offering low interest financing for public projects through the Passaic County Recovery Zone Bond Program.
NOW, THEREFORE, BE IT RESOLVED that the Borough Administrator is authorized to prepare and submit an application to the Passaic County Improvement Authority for $2.4 million to finance the Ringwood Avenue Water Main Replacement Project.On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #40-0-10:
Re: Approve issuance of Bond Anticipation NotesEXTRACT 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 February 8, 2010, at 8:00 o’clock P.M.
PRESENT: Councilman Balunis, Councilwoman Cisco, Councilman Cortellessa, Councilman Pasquariello, Councilman Pettet, Councilman Theoharous
ABSENT: NONE
* * *
Councilman Pasquariello introduced and moved the adoption of the following resolution and Councilman Theoharous seconded the motion:
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $2,991,250 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 improvement of various roads in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $350,000 therefor and authorizing the issuance of $315,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on June 11, 2007 (#10-0-07), Bond Anticipation Notes of the local unit in a principal amount not exceeding $315,000 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 2. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of Laura Avenue (Phase I) in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $455,000 therefor and authorizing the issuance of $184,500 bonds or notes of the Borough for financing such appropriation”, finally adopted on June 11, 2007 (#11-0-07), Bond Anticipation Notes of the local unit in a principal amount not exceeding $184,500 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 providing for the acquisition of a new and additional fire truck by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $975,000 therefor and authorizing the issuance of $725,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on August 13, 2007 (#12-0-07), Bond Anticipation Notes of the local unit in a principal amount not exceeding $725,000 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 the Haskell Firehouse in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $200,000 therefor and authorizing the issuance of $180,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on August 13, 2007 (#13-0-07), Bond Anticipation Notes of the local unit in a principal amount not exceeding $180,000 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 Haskell Water Tank in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $850,000 therefor and authorizing the issuance of $650,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on March 10, 2008 (#4-0-08), Bond Anticipation Notes of the local unit in a principal amount not exceeding $650,000 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 a bond ordinance of the local unit entitled: “Bond ordinance providing for the construction and improvement of athletic fields in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $1,200,000 therefor and authorizing the issuance of $1,050,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on March 10, 2008 (#5-0-08), Bond Anticipation Notes of the local unit in a principal amount not exceeding $555,000 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 7. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the acquisition of a new and additional ambulance by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $170,000 therefor and authorizing the issuance of $153,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on December 8, 2008 (#22-0-08), Bond Anticipation Notes of the local unit in a principal amount not exceeding $153,000 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 8. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of the water supply and distribution system (Melrose Avenue and Furnace Avenue) in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $120,000 therefor and authorizing the issuance of $120,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on December 14, 2009 (#26-08), Bond Anticipation Notes of the local unit in a principal amount not exceeding $120,000 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 9. Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of Melrose Avenue and Furnace Avenue in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $325,000 therefor and authorizing the issuance of $108,750 bonds or notes of the Borough for financing such appropriation”, finally adopted on December 14, 2009 (#25-09), Bond Anticipation Notes of the local unit in a principal amount not exceeding $108,750 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 10. 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 9 described, shall be combined into a single and combined issue of bonds in the principal amount of $2,991,250.
Section 11. 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 9, 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 12. 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 13. 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.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #41-0-10:
Re: Appoint Kathy Gallanthen as Municipal Court AdministratorOn entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that Kathy Gallanthen be and she is hereby appointed as the Municipal Court Administrator effective February 1, 2010 at an annual salary of $55,067.00.
On roll call, all voted yes, and the Mayor declared the motion carried.
PUBLIC DISCUSSION: (Work Meeting)
FINANCE REPORT:
Councilman Pettet 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 PREPAID $55,802.15
CURRENT OPERATING 2009 $65,860.77
CURRENT OPERATING 2010 $374,937.68
WATER OPERATING PREPAID $11,158.79
WATER OPERATING 2009 $18,004.75
WATER OPERATING 2010 $46,370.21
SEWER OPERATING 2010 $3,232.96
GENERAL CAPITAL $6,590.00
WATER CAPITAL $51,961.86
ESCROW $825.00
PUBLIC ASSISTANCE $10,208.00
ANIMAL TRUST $702.60
RECREATION TRUST $3,760.00
TOTAL VOUCHERS $649,414.77
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: February 8, 2010
___________________________
Daniel Mahler
Mayor
Payrolls:Councilmen Pettet and Theoharous moved a resolution approving the following payrolls:
Payroll #1 p/e 01/15/10 $238,899.06
Payroll #2 p/e 01/29/10 $205,318.32
Payroll Total $444,218.38GRAND TOTAL $1,093,633.15
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: February 8, 2010
________________________________
Daniel Mahler
Mayor
NEW BUSINESS:Closed Session:
Re: Negotiations / Personnel / LitigationOn entertainment of the Mayor, Councilmen Theoharous and Cortellessa 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) 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, Councilman Pasquariello and Councilwoman Cisco moved a motion to reconvene at 10:05 P.M.
On roll call, all were present.
ADJOURNMENT:On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 10:05 P.M.
___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk