MAYOR AND COUNCIL MEETING
BOROUGH OF WANAQUE
MINUTES
Business Meeting
August 9, 2010
A Business Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, August 9, 2010, at 7:05 P.M. in the Wanaque Municipal Building.The Mayor called the meeting to order.
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 Business meeting of the Mayor and Council and adequate notice thereof has been given by advertising the date, time and place of the Business meeting 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 in the office of the Municipal Clerk.MINUTES:
Regular Meeting of July 12, 2010.
On entertainment of the Mayor, Councilmen Cortellessa and Pettet moved a motion to approve the aforementioned Minutes.
On roll call, all voted yes, except Councilman Pasquariello who abstained and the Mayor declared the motion carried.ORDINANCES:
Public Hearing of Ord. #13-0-10:
Re: Parking First Street
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance 13-0-10 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 AND TRAFFIC TO ESTABLISH “NO PARKING” ON THE SOUTH SIDE OF FIRST STREET.
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.
Jim Affinito, 9 Whistler Place, Haskell and Board of Trustees Member Midvale Church said is it banning both sides of parking on the street and should clarify and get information on both sides.
Don DeGroat, 480 Ringwood Avenue, Wanaque said I am concerned about the safety of this. Specific touch points and motivation for the ban on the south side. Are there specific times or days for this. Attempt to help the school and activities.
The Mayor said the resident had trouble getting out of their driveway and wrote a letter. The police looked at it and gave their recommendation. Streets are narrow in other areas of town. The issue is not by the church more by the school.
Don DeGroat said you should consider the fine tuning of this and let it be heard again before approving it.Stewart Rich, 19 First Street said we never had a problem with this except maybe a couple of times during the picnic. One person should not matter it is not a major problem. Possibly make it one way and not inconvenience neighbors. The fire hydrants get blocked when people park there.
John Castro, 51 Laura Avenue, Wanaque said there is a problem coming off of Laura Avenue and didn’t notice until it was brought up tonight. The fire hydrants should be painted yellow. Maybe have parking during school only. There are no yellow lines on the old curbs for no parking but on the new section it was done. The yellow is not by the fire hydrants and the signs for no parking are not there any longer. It may cause problems parking on different streets.
Jim Affinito, 9 Whistler Place, Haskell said was a traffic study done and it should concur with one way as said. There is an older congregation that walks along there also.
Councilwoman Cisco said and the curbs are higher now. People used to park on the sidewalks.Don DeGroat, 480 Ringwood Avenue, Wanaque said we heard different scenarios and the person is not here to say what the concern is.
Sandy Lawson, 28 Haskell Avenue, Haskell said when the Food town came the street was one way. Suggest you do the same and notify residents and meet with them. Make the street one way in and one way out.
The Borough Administrator said the street goes nowhere.
Councilman Balunis said when the buses come in there is a safety issue.
The Borough Administrator said the curb is yellow and we’ll take a look at it.
Councilman Pettet said maybe we could send a letter to the State to change it and take a look at it through a police study.
The Mayor said what vehicle would not fit down the street.
Councilwoman Cisco said an ambulance can not get down there.Stewart Rich, 19 First Street said what can’t get down there is the vehicles for the picnic.
Lee Smith, Fire Chief said the trucks are tight to get down there.
Councilman Pasquariello said have to look at other streets also have the same situation and have to consider.
Councilwoman Cisco said Fredericks Street has the same issue.
Councilman Cortellessa said we have a police report stating it is a safety issue. It only takes one incident and can say was told it would happen. The issue stated a potential risk and hazard.
Councilwoman Cisco said we can ask the Police Chief to reiteriate.
John Reno, Police Chief said the letter was not the only incident. The school has trouble with people backing out. The fields were renovated and are being used. The different responding units don’t know the area. It is tighter now that the road was renovated. This is the recommendation to you and you can take it or not. Don’t revamp other Ordinances and streets for one situation.The Mayor closed the Public Hearing.
Councilmen Cortellessa and Pasquariello moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC TO ESTABLISH “NO PARKING” ON THE SOUTH SIDE OF FIRST STREET 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. #14-0-10:
Re: Bus Stop – Ringwood Avenue Southbound at Warren Hagstrom Boulevard
On entertainment of the Mayor, Councilmen Theoharous and Pettet moved a motion that Ordinance #14-0-10 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 AND TRAFFIC, TO CHANGE THE BUS STOP LOCATION ON RINGWOOD AVENUE AT WARREN HAGSTROM BOULEVARD.
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.
Dave DaSilva, 108 Monroe Street, Haskell said where is this going to be.
The Mayor said southbound on Ringwood Avenue diagonally from the guard shack.
Dave DaSilva said did you speak to the management regarding the sightline.
The Mayor said yes New Jersey Transit approved it.The Mayor closed the Public Hearing.
Councilmen Pettet and Pasquariello moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC, TO CHANGE THE BUS STOP LOCATION ON RINGWOOD AVENUE AT WARREN HAGSTROM BOULEVARD pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.On roll call, all voted yes, and the Mayor declared the motion carried.
Introduction of Ord. #15-0-10:
Re: Amend 2010 Salary OrdinanceOn entertainment of the Mayor, Councilman Pettet and Councilwoman Cisco moved that Ordinance #15-10 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 ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF PAYMENT THEROF FOR THE EMPLOYEES OF THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC WHO ARE NOT COVERED BY MUTUAL AGREEMENTS
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
AN ORDINANCE TO AMEND ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF PAYMENT THEROF FOR THE EMPLOYEES OF THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC WHO 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 13th day of September 2010, at the Municipal Building in the Borough of Wanaque at 7:00 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. #16-0-10:
Re: Amending the 2006 Haskell Town Center Redevelopment PlanBob Benecke, Economic Developer, said this is the area south of Doty Road on Ringwood Avenue in addition to the Haskell Town Center. There are resolutions authorizing the appointment of a redeveloper and the Council to act as the authority.
On entertainment of the Mayor, Councilmen Pettet and Cortellessa moved that Ordinance #16-0-10 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 AMENDING ORDINANCE NUMBER 2-0-06 ENTITLED “ESTABLISHING A REDEVELOPMENT PLAN AND DESIGNATING THE COUNCIL OF THE BOROUGH OF WANAQUE TO ACT AS THE REDEVELOPMENT ENTITY FOR THE RINGWOOD AVENUE MIXED USE REDEVELOPMENT PROJECT WITHIN THE RINGWOOD AVENUE RENEWAL AREA”; AND ADDING THE MUNICIPAL PROPERTY AT BLOCK 437, LOTS 1.02 AND 1.03 TO THE RINGWOOD AVENUE SERVICE BUSINESS ZONING DISTRICT (SBD) AMENDING CHAPTER 114-ZONING OF THE BOROUGH OF WANAQUE CODE TO INCLUDE SAID MUNICIPAL PARCELS IN THE SBD ZONE
On entertainment of the Mayor, Councilmen Cortellessa and Pettet moved that,
AN ORDINANCE AMENDING ORDINANCE NUMBER 2-0-06 ENTITLED “ESTABLISHING A REDEVELOPMENT PLAN AND DESIGNATING THE COUNCIL OF THE BOROUGH OF WANAQUE TO ACT AS THE REDEVELOPMENT ENTITY FOR THE RINGWOOD AVENUE MIXED USE REDEVELOPMENT PROJECT WITHIN THE RINGWOOD AVENUE RENEWAL AREA”; AND ADDING THE MUNICIPAL PROPERTY AT BLOCK 437, LOTS 1.02 AND 1.03 TO THE RINGWOOD AVENUE SERVICE BUSINESS ZONING DISTRICT (SBD) AMENDING CHAPTER 114-ZONING OF THE BOROUGH OF WANAQUE CODE TO INCLUDE SAID MUNICIPAL PARCELS IN THE SBD ZONE 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 13th day of September 2010, at the Municipal Building in the Borough of Wanaque at 7:00 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.
AN ORDINANCE AMENDING ORDINANCE NUMBER 2-0-06 ENTITLED “ESTABLISHING A REDEVELOPMENT PLAN AND DESIGNATING THE COUNCIL OF THE BOROUGH OF WANAQUE TO ACT AS THE REDEVELOPMENT ENTITY FOR THE RINGWOOD AVENUE MIXED USE REDEVELOPMENT PROJECT WITHIN THE RINGWOOD AVENUE RENEWAL AREA”; AND ADDING THE MUNICIPAL PROPERTY AT BLOCK 437, LOTS 1.02 AND 1.03 TO THE RINGWOOD AVENUE SERVICE BUSINESS ZONING DISTRICT (SBD) AMENDING CHAPTER 114-ZONING OF THE BOROUGH OF WANAQUE CODE TO INCLUDE SAID MUNICIPAL PARCELS IN THE SBD ZONE
WHEREAS, on February 13, 2006 the Borough Council of the Borough of Wanaque (hereinafter the Governing Body) adopted Ordinance Number 2-0-06 a Redevelopment Plan declaring an area at the northerly intersection of Doty Road at Ringwood Avenue to be an area in need of redevelopment pursuant to the Local Redevelopment and Housing Law, which was amended by Ordinance Number 19-0-06, clarifying the properties included in said Redevelopment Plan; and
WHEREAS, in furtherance of the objectives of the Redevelopment Plan the Council designated Bald Eagle Urban Renewal at Wanaque as redeveloper, and said redeveloper has successfully constructed the Haskell Town Center Project located within the redevelopment area declared and encompassed within Ordinance Number 2-0-06; and
WHEREAS, on January 17, 2008 the Wanaque Planning Board designated the two Borough owned parcels in Block 437 as in need of redevelopment; and
WHEREAS, on August 9, 2010 the Council has designated the aforesaid Borough of Wanaque owned property as in need of redevelopment; and
WHEREAS, the Borough Council desires to expand the Ringwood Avenue Service Business District (SBD) to include the parcels at Block 437, Lots 1.02 and 1.03, so as to provide additional parking resources in the Haskell Town Center.
NOW, THEREFORE, BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE AS FOLLOWS:
The following amendments to Ordinance Number 2-0-06 and Section 114 of the Code of the Borough of Wanaque are hereby enacted:
Section 1-The properties located at Block 437 Lots 1.02 and 1.03 are hereby added to the Ringwood Avenue Mixed Use Redevelopment Plan and said Plan is hereby amended to include these two parcels.
Section 2-All of the provisions, recitals and sections of Ordinance Number 2-0-06 as previously amended, and as hereinbefore identified, shall continue in full force and effect and, further are repeated herein as though they were written (or recited) verbatim, in full.
Section 3-the specific use of this property shall be for public parking or in the alternative parking for the Haskell Town Center Redevelopment Project (area) as may be authorized by the Borough Council. However, nothing in this Ordinance shall authorize the transfer, sale, or exchange of this property, only the assembly and clearance of land and the construction of a parking area upon said premises (property).
Section 4-Chapter 114-Zoning of the Borough of Wanaque Code is hereby amended to reflect the amendments included in this Ordinance thereby adding Block 437, Lots 1.02 and 1.03 to the SBD zoning district.
Section 5-Inconsistent Ordinances Repealed.
Should any provision of this Ordinance be inconsistent with the specific provisions of any prior Ordinance(s), the inconsistent provisions of such prior Ordinances are hereby repealed, but only to the extent of the inconsistencies.
Section 6-Severability.
In the event that any provision of this Ordinance or the application thereof to any person or circumstance is declared invalid by a court of competent jurisdiction, such declaration of invalidity shall not affect any other provision or application of this Ordinance which may be given effect, and, to realize this intent, the provisions and applications of this Ordinance are declared to be severable.
Section 7-Captions.
Captions contained in this Ordinance have been inserted only for the purpose of facilitating reference to the various sections, and are not intended and shall not be utilized to construe the intent and meaning of the text of any specific Section.
On roll call, all voted yes and the Mayor declared the motion carried.COMMITTEE REPORTS:
Councilman Balunis:
Councilman Balunis reported with regard to the Board of Education September 2nd is the first day of school. The recreation commission has no meetings in the summer usually. We met with the Union Representative and the Mediator on July 14th and came to an agreement. The Union had finally agreed to settle. Last year at the League of Municipalities Convention spoke with someone about an energy efficiency program to distribute free light bulbs. Jill Zajac is present tonight.
Jill Zajac spoke about the program with regard to Utilities and Energy Conservation and they go door to door and hand out light bulbs for free. It is a program that the town can possibly do.
The Mayor said we can possibly do it at the town picnic.Councilwoman Cisco:
Councilwoman Cisco said I have no report. The Board of Adjustment had no meeting and the First Aid Squad had no meeting.
Councilman Cortellessa:
Councilman Cortellessa reported the Road Department truck is out of commission and also the garbage truck. We need to decide what to do with the old equipment and we need to discuss replacing it. The Water and Sewer Department has 800,000 Gallons capacity a day. There is less sewage when the weather is dry and we had a couple of complaints about the odor. The backhoe is on the agenda which is much needed. Over the weekend Jackson Avenue had a major backup which was taken care of. The usage is under the line and we have not had to purchase any water so far.
The Mayor said we have money received from stimulus and a grant for sewage.Councilman Pasquariello:
Councilman Pasquariello reported there is not much going on and the award for maintenance contract for the police is on the agenda.
Councilman Pettet:
Councilman Pettet reported there was no meeting with Lakeland and Open Space meets in the fall. There is not much to report on.
Councilman Theoharous:
Councilman Theoharous reported on the bid for the John Deere backhoe is being awarded to Jesco which is on the agenda.
PUBLIC DISCUSSION:
The Mayor opened the Public Discussion.
Sandy Lawson, 28 Haskell Avenue, Haskell said could you expand on the COAH issues.
The Borough Administrator said they need a proposed Ordinance for Block 430, Lot 1 for affordable housing and other issues listed in the letter.Don DeGroat, 480 Ringwood Avenue, Wanaque said regarding the parking Ordinance when does it go into effect.
The Borough Attorney said twenty days after publication which would be the end of August.
Don DeGroat said I offered to purchase signs last month. What is the speed limit in the school crossing zone.
The Police Chief said the only one it applies to is the Haskell School since it is the only true school zone on Ringwood Avenue. The Department of Transportation is not easy to deal with in traffic studies. The increased visual left it for speed and additional summonses have been issued. The town would have to do a traffic study which would be about twenty five thousand dollars.
Councilwoman Cisco said the County Engineer is aware of it.
Chief Reno said should mark the crosswalks on Ringwood Avenue and the crosswalk must be done by Ordinance.
Don DeGroat said what is the new law for the crosswalks.
Chief Reno said as soon as you step into the crosswalk cars must stop. The Road Department and Sheriff’s Slap team can paint the crosswalks and there are options available.
The Borough Administrator said we are waiting for a quote from Denville paint for the Ringwood Avenue crosswalks.Ken Ambruster, 6 Gardella Place, Haskell said thank you Mr. Carroll for the recycling information. Will a revaluation be happening in this town.
The Borough Attorney said West Milford is doing it now and we have to wait and see.
Ken Ambruster said are we part of the suit with Paterson.
The Borough Attorney said that is still in court and we are waiting the outcome.
The Mayor said our time will come.
Ken Ambruster said when phase one and phase two for Ringwood Avenue were done the speed limit was thirty miles and when they redid the street it is now thirty five. The other signs were not correct.
The Borough Administrator said that is correct.Dave DaSilva, 108 Monroe Street, Haskell said is the backhoe in the water utility budget.
The Borough Administrator said yes.
Dave DaSilva said on 8.9 on the agenda the resolution for the hazard mitigation plan will that require people to purchase flood insurance.
The Borough Administrator said no.
Dave DaSilva said 1085 Ringwood Avenue why do we need a redeveloper to repave the parking lot.
The Borough Administrator said it is the most efficient way.
Dave DaSilva said the six hundred thousand dollars and thirty five thousand dollar grant for designating a redeveloper what is in it for the redeveloper.
Bob Benecke, Economic Developer said the tax credit and payment.
Dave DaSilva said in addition to taxes.
Bob Benecke said payment in lieu of taxes in for redevelopment.
Dave DaSilva said how is the asbestos removal going.
The Borough Administrator said it is being taken care of.
Dave DaSilva said the 2006 adjustment in the sewer rate are we still paying that amount.
The Borough Administrator said yes.
Dave DaSilva said with regard to Mountain Lakes is there anything the Borough can do.
The Borough Attorney said there are private property issues and conditions are on there. Could notify the property owner and show cause and get a court order.
Dave DaSilva said can we put up the orange snow fence.
The Borough Attorney said there is the soil sediment to comply with still and they state they are in the Highlands and are waiting for the ruling which should be mid September as a time line.
Dave DaSilva said what is the status of the traffic lines on Doty Road.
The Borough Administrator said Denville painting is coming in and that is part of the project.
Dave DaSilva said are you transferring money for the salary for painting the lines.
The Borough Administrator said no.
Dave DaSilva said where is the hotel tax in the budget.
The Borough Administrator said under the hotel tax line item.
Dave DaSilva said the COAH letter you have three weeks to respond. Is the Council comfortable with the response from the Administrator. If the bill does not pass you still need to respond unless a special meeting is held before the deadline.
The Borough Administrator said we will respond.
Councilman Cortellessa said the Administrator informs the Council of issues and we are informed.
The Mayor said we’ll speak with State officials also. Would like a freeze put on until S-1 is approved.
Dave DaSilva said there is a COAH is wrong and Wanaque is right attitude.
The Borough Administrator said COAH records with other communities is wrong and numbers are not right.
Bob Benecke said the Planning Board approved the housing element plan in May COAH heard it and it was fully discussed. How the Borough is approaching rehabilitation funding there is an issue with COAH for exclusion and inclusionary. No housing units are being built and there is no growth share. The letter is specific for rights and remedies.
Councilman Balunis said the disagreement of numbers for the units is there any way to lose COAH certification.
The Borough Administrator said no.
The Mayor said we’ll respond back and they may not like the response.The Mayor closed the Public Discussion.
CONSENT AGENDA:
Three (3) Applications for Raffle Licenses:
Re: Wanaque First Aid Squad Auxiliary – RA:741, RA:742 and RA:743Application for Bingo License re: Wanaque First Aid Squad Auxiliary – BA:188
Resolution #121-10:
Re: Tax Exemption for 2010 on various properties.WHEREAS, the following blocks/lots have been approved for tax exemption for the year 2010;
WHEREAS, there is a total amount due for Block 249, Lot 1 in the amount of $943.82, a total amount due for Block 301, Lot 1.01 in the amount of $62.50, a total amount due for Block 999, Lot 4.01 in the amount of 5,387.92, and a total amount due for Block 448 Lot 16.01 in the amount of $8,437.53;
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector shall cancel the 2010 tax on all parcels and the preliminary taxes on 2011.Resolution #122-0-10:
Re: Tax credit for overbillings on various properties due to County Board JudgmentWHEREAS, there exists tax overbilling on the properties listed on the attached spreadsheet for 2010 and the first half of 2011 as a result of County Board Judgments;
WHEREAS, the credits total of $124,953.73 for 2010 and $62,477.04 for the first half of 2011;
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector shall adjust these accounts accordingly as per the certifications from the County.Resolution #123-0-10:
Re: Resolution #123-0-10 – Authorizing Settlement of Tax Appeal for Block 103.02,
Lot 5 – 10 Reservoir DriveWHEREAS, Mohamed Moustafa is the owner of property known and designated
as Block 103.02, Lot 5 on the Borough of Wanaque Tax Map, and is commonly known
as 10 Reservoir Drive, Wanaque, New Jersey; and
WHEREAS, the said property owner filed a tax appeal in the Tax Court of New
Jersey under Docket No. 010367-2009; and
WHEREAS, as the result of negotiations it is in the best interests of the Borough
of Wanaque to settle the tax appeal;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Wanaque, County of Passaic, and State of New Jersey as follows:1. The Borough Attorney, Anthony Fiorello, Esq., is hereby authorized to enter into a
Stipulation of Settlement in connection with Tax Appeal filed by Mohamed Moustafa,
the owner of property known and designated as Block 103.02, Lot 5, as set forth on the
Borough of Wanaque Tax Map, said premises being also commonly known as 10
Reservoir Drive, Wanaque, New Jersey, and to execute the Stipulation of Settlement, in
the form annexed hereto.Resolution #124-0-10:
Re: Resolution #124-0-10 – Confirming the details of the Sale of General Bonds in
the amount of $2,304,000 - Passaic County Improvement AuthorityRESOLUTION PROVIDING FOR THE COMBINATION OF CERTAIN ISSUES OF BONDS OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AUTHORIZING THE SALE OF SUCH BONDS IN AN AMOUNT NOT TO EXCEED $2,304,000 TO THE PASSAIC COUNTY IMPROVEMENT AUTHORITY AND DETERMINING CERTAIN DETAILS IN CONNECTION THEREWITH.
BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:
Ordinances, Bond Amounts and Combination. Pursuant to the provisions of Section 40A:2-26 of the Local Bond Law of New Jersey (the “Local Bond Law”), particularly paragraph (f) thereof and in lieu of the sale of more than one issue of bonds as provided for in the Local Bond Law, the several issues of bonds of The Borough of Wanaque, New Jersey (the “Borough”) described below, authorized pursuant to bond ordinances of the Borough heretofore adopted, shall be combined into a single and combined issue of bonds in the principal amount of $2,304,000 (the “Bonds”). The principal amount of the bonds of the several issues of bonds to be combined into a single issue as above provided, the bond ordinance authorizing each of said several issues described by reference to its title, number and date of adoption, and the period or average period of usefulness determined in each of said bond ordinances are respectively as follows:
$1,904,000 bonds, being the bonds authorized by an ordinance entitled
“Bond ordinance providing for the improvement of the water supply and distribution system (Ringwood Avenue Project) in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $2,000,000 therefor and authorizing the issuance of $1,904,000 bonds or notes of the Borough for financing such appropriation” (#7-0-08) heretofore finally adopted on April 14, 2008. The period or average period of usefulness stated in said ordinance is forty (40) years.
$400,000 bonds, being the bonds authorized by an ordinance entitled “Bond ordinance making a supplemental appropriation of $400,000 for the improvement of the water supply and distribution system (Ringwood Avenue Project) in and by the Borough heretofore authorized to be undertaken by the Borough of Wanaque, in the County of Passaic, New Jersey, and authorizing the issuance of $400,000 bonds or notes of the Borough for financing such supplemental appropriation” (#17-09) heretofore finally adopted on September 14, 2009. The period or average period of usefulness stated in said ordinance is forty (40) years.
Average Useful Life. It is hereby found, determined and declared that the average period of usefulness, taking into consideration the respective amounts of obligations authorized to be issued pursuant to each of said bond ordinances, respectively, is forty (40) years.
Title and Principal Amount. The Bonds shall be designated “General Bonds of 2010”. The actual aggregate principal amount of Bonds to be issued shall not exceed $2,304,000. The Chief Financial Officer of the Borough (the “Chief Financial Officer”) and the Administrator of the Borough (each, an “Authorized Official”), are each hereby delegated the power to determine the final principal amount of the Bonds; provided, however, that the maximum principal amount of the Bonds shall not exceed $2,304,000.
Maturities and Interest Rates. The Bonds shall mature annually on such dates and in such principal amounts and shall bear interest at such rates, all as shall be determined by an Authorized Official; provided, however, that (i) the year of final maturity of the Bonds shall be no later than 2031 or twenty-one (21) years from the year of issuance, whichever is later and (ii) the effective rate of interest on the Bonds does not exceed 7.875%.
Form of the Bonds. The Bonds shall be issued in one or more series and in the form of one (1) bond certificate for each series registered in the name of The Passaic County Improvement Authority (the “Authority”) and shall be in substantially the form attached hereto as Exhibit A, with such modifications, additions, or deletions as may hereafter be approved by an Authorized Official. The execution of the Bonds by the Chief Financial Officer shall be conclusive evidence of any approval required by this Section.
Other Terms of the Bonds. The Bonds shall be subject to redemption on such terms, shall be payable at such place and shall have such other terms and provisions as may be specified or set forth in the form of Bond attached hereto as Exhibit A and as may be determined by an Authorized Official.
Execution of the Bonds. The Bonds shall be signed by the Mayor of the Borough or the Acting Mayor of the Borough (the “Mayor”) and the Chief Financial Officer, by their manual or facsimile signatures, and the corporate seal of the Borough shall be affixed thereto, or imprinted or reproduced thereon, and shall be attested by the manual or facsimile signature of the Clerk of the Borough or the Deputy Clerk of the Borough (the “Borough Clerk”).
Sale of the Bonds. Subject to the terms of and the limitations set forth in this resolution, an Authorized Official is hereby authorized to award and sell the Bonds.
Purchase Contract. An Authorized Official is hereby authorized on behalf of the Borough to execute the bond purchase agreement by and between the Borough and the Authority.
Delivery of the Bonds. The Bonds, in registered form, shall be numbered and lettered for identification purposes, in such manner as shall be determined by the Chief Financial Officer, and shall, as soon as practicable, be prepared, executed and delivered in definitive form to or upon the order of the Authority at the expense of the Borough upon payment in full of the purchase price for the Bonds.
Delivery of Related Documents. Upon the date of issuance of the Bonds, being the date of delivery of the Bonds to the Authority and the payment of the purchase price therefor in accordance with the bond purchase agreement, the Chief Financial Officer is hereby authorized and directed, as of the date of issuance, to deliver to the Authority (a) an arbitrage and use of proceeds certificate with respect to the Bonds in such form as shall be satisfactory to Hawkins Delafield & Wood LLP under and for the purposes of Section 148 of the Internal Revenue Code of 1986, as amended to said date of issuance, (b) an undertaking or agreement to provide continuing disclosure in order to assist the Authority and the underwriter in complying with Rule 15c2-12 of the Securities and Exchange Commission in a form satisfactory to Hawkins Delafield & Wood LLP, (c) a loan agreement by and between the Borough and the Authority and (d) such other documents as may be useful, necessary, convenient or desirable in connection with the issuance of the Bonds.
Actions to be Taken on Behalf of the Borough. The Mayor, the Borough Administrator, the Chief Financial Officer and the Borough Clerk are hereby authorized and directed to do all matters necessary, useful, convenient or desirable to accomplish the sale, issuance and delivery of the Bonds all in accordance with the provisions of this resolution.
Effective Date. This resolution shall take effect immediately.
Upon motion of Councilwoman Cisco, seconded by Councilman Theoharous, the foregoing resolution was adopted by the following vote:
AYES: Councilman Balunis, Councilwoman Cisco, Councilman Cortellessa, Councilman Pasquariello, Councilman Pettet, Councilman Theoharous
NOES: NONEResolution #125-0-10:
Re: Award Bid - Police Vehicle Maintenance ContractWHEREAS, the Borough of Wanaque advertised for and received bids on July 28, 2010 for Automotive Repairs for the Wanaque Police Department and
Administrative Vehicles and bids were received from the following (per month):Wanaque Service Station (Lukoil) $979.00
Community Auto Center $ll00.00
Superior Auto Repair $849.00
and;
WHEREAS, the Borough Administrator has renewed the bid of Superior Auto Repair and finds it to be responsive and responsible in conformance with N.J.S.A. 40A:11-1 et seq.
NOW, THEREFORE BE IT RESOLVED that a contract for Automotive Repair be awarded to Superior Auto Repair, 400 Union Avenue, Haskell, New Jersey in the amount of $849.00 per month for 24 months effective September 1, 2010, ending August 31, 2012; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 0-CU-01-124-261.Resolution #126-0-10:
Re: Award Bid - John Deere 2010 310J BackhoeWHEREAS, the Borough of Wanaque advertised for and received bids on July 28, 2010 for one 2010 John Deere 310J Two Wheel Loader Backhoe or approved equal, and bids were received from:
Trico Equipment Services (CASE) $60,175.00
Jesco Equipment (John Deere) $58,215.00WHEREAS, the Water Supervisor and Borough Administrator has reviewed the bid of Jesco Equipment and find it to be responsive and responsible in accordance with N.J.S.A. 40A:11-1 et. seq.
NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to Jesco Equipment Company, 118 St. Nicolas Avenue, South Plainfield, New Jersey for one 2010 John Deer 310J Two Wheel Loader Backhoe in the amount of $58,215.00.
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account O-WP-02-051-292.Resolution #127-0-10:
Re: Passaic County, New Jersey Multi-Jurisdictional Hazard Mitigation Plan.WHEREAS, the Borough of Wanaque is vulnerable to damages from hazard events which pose a threat to public health and safety and could result in property loss and economic hardship;
WHEREAS, a Multi-Jurisdictional Hazard Mitigation Plan (the Plan) has been developed through the work of the Passaic County Office of Emergency Management and interested parties within the Borough of Wanaque;
WHEREAS, the Plan recommends hazard mitigation actions that will: protect people and property within the Borough of Wanaque potentially affected by hazards; reduce future public, private, community, and personal costs of disaster response and recovery; and reinforce the Borough of Wanaque’s leadership in emergency preparedness efforts;WHEREAS, the Disaster Mitigation Act of 2000 (P.L.106-390)(DMA 2000) and associated Federal regulations published under 44CFR Part 201 require the Borough of Wanaque to formally adopt a Hazard Mitigation Plan subject to the approval of the Federal Emergency Management Agency to be eligible for federal funds for hazard mitigation projects and activities;
WHEREAS, public meetings were held to receive comment on the Plan as required by DMA 2000;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that:1. The Borough of Wanaque officials identified in the Mitigation Action Plan (Section 9) are hereby directed to implement the recommended actions assigned to them. These officials will report annually on their activities, accomplishments, and progress to the Mayor and Council of the Borough of Wanaque.
2. The Borough of Wanaque Local Emergency Management Coordinator will provide annual progress reports on the status of the implementation of the Plan to the Passaic County Office of Emergency Management.
3. The Borough of Wanaque will undertake periodic updates of the Plan as indicated in the Plan Maintenance Program (Section 10) but no less frequent than every five years.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the
Borough of Wanaque adopts the Passaic County, New Jersey Multi-Jurisdictional Hazard Mitigation Plan, dated July 23, 2010 as this jurisdiction’s Hazard Mitigation Plan, and resolves to execute the actions in the Plan.Resolution #128-0-10:
Re: Designating Redeveloper – 1085 Ringwood AvenueWHEREAS, on August 9, 2010 the Borough Council of the Borough of Wanaque adopted a Resolution adding the municipal property at Block 437, Lots 1.02 and 1.03 to the Ringwood Avenue Mixed Use Redevelopment Plan (Service Business District); and
WHEREAS, the Council is in the process of adding these municipally owned parcels to the Redevelopment Plan as authorized in Ordinance 2-0-06; and
WHEREAS, the expressed use of this property shall be for public parking; and
WHEREAS, the redeveloper of the Ringwood Avenue Redevelopment Area has agreed to clear the land for the ultimate purpose of constructing a parking lot thereon; and
WHEREAS, the Borough Council desires for the redeveloper to perform the land clearance and site preparation work at a commercially reasonable price-as determined through a competitive quote received by the Borough Administrator; and
WHEREAS, the Borough Council desires to pay for the aforesaid work through a credit (via a refund) of the 2010 PILOT payment due from the redeveloper-Bald Eagle Urban Renewal at Wanaque, L.L.C; and
WHEREAS, the Borough Council finds that it is in the best interest of the public health and safety to provide additional parking resources in the Haskell Town Center.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Wanaque, Passaic County, New Jersey, pursuant to the provisions of N.J.S.A. 40A:12A-1 et seq., that Bald Eagle Urban Renewal at Wanaque, L.L.C., an urban renewal company organized for the purposes of carrying out Redevelopment Project(s), is hereby designated as the Redeveloper of the Wanaque Town Center Parking lot at the southern intersection of Doty Road and Ringwood Avenue, for the purpose of land assembly and land clearance including demolition of any vacant structures, located upon the premises.
BE IT FURTHER RESOLVED, pursuant to N.J.S.A. 40A:12A-8, that the Mayor is hereby authorized to execute on behalf of the Borough of Wanaque a Redevelopment Agreement, consistent with the adopted Redevelopment Plan (Ordinance), between the Borough of Wanaque and the herein designated redeveloper, Bald Eagle, for the clearance of land which shall also be consistent with the aforementioned Redevelopment Plan, a copy of said agreement shall be placed on file in the office of the Borough Clerk upon execution thereof.
BE IT FURTHER RESOLVED, that the Borough Administrator and CFO are hereby authorized to apply a credit against the 2010 PILOT payment for any work done in furtherance of this municipal property clearance.Resolution #129-0-10:
Re: Final Payment – Lucas Electric – Memorial Field Lights - HELDResolution #130-0-10:
Re: Approve Agreement – Local 108BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized to execute a collective bargaining agreement with Local 108, RWDSU, for the period of January 1, 2010 to December 31, 2010.
Payment to County of Passaic:
Re: 3rd Quarter Taxes for Year 2010 in the amount of $1,932,387.18Payment to County of Passaic:
Re: 3rd Quarter Open Space Taxes for the Year 2010 in the amount of $34,230.90Resolution #133-0-10:
Re: Designating the Borough of Wanaque Municipal Property as an area in Need of
RedevelopmentWHEREAS, on July 10, 2006 the Borough Council of the Borough of Wanaque adopted a Resolution authorizing and directing the Wanaque Planning Board to undertake a preliminary investigation to determine whether the properties in a proposed redevelopment area, in the Haskell Towns Center is a redevelopment area in accordance with the criteria set forth in the New Jersey Local Redevelopment and Housing Law (N.J.S.A 40A:12A-1 et seq.); and
WHEREAS, the primary objectives of the Borough of Wanaque redevelopment effort as indicated in the aforesaid Council resolution is to: 1) improve property conditions in the Borough; 2) improve the quality of life of Borough residents; and 3) improve the economic foundation of the Borough so that long-term property tax stability is realized by all Wanaque taxpayers; and
WHEREAS, the Local Redevelopment and Housing Law (LRHL) allows for the substantial improvement to properties included in an area in need of redevelopment resulting in capital investment and the turnaround or rearrangement of properties that are either unused, underutilized, fragmented, or deteriorated, or in the alternative may help achieve the policy and planning goals and objectives of the State of New Jersey Development and Redevelopment Plan; and
WHEREAS, the Wanaque Planning Board thoroughly reviewed and discussed the issue of redevelopment and the process of investigating an area in need of redevelopment. This review included a review of the criteria set forth in the LRHL (N.J.S.A. 40A:12A-5) to determine if said area of Wanaque qualifies as an area in need of redevelopment; and
WHEREAS, the Wanaque Planning Board authorized the Planning Consultants, Benecke Economics, to conduct a study of the proposed potential redevelopment area and make a recommendation as to whether the area identified by the Council satisfies the criteria of the LRHL, the Borough Council also made available the professional services of Mr. Benecke, Mr. Suljic PP, and Dr. Coleman to assist the Planning Board in the redevelopment process and understanding the economic issues respecting this proposed potential redevelopment area; and
WHEREAS, on December 20, 2007 and January 17, 2008 the Wanaque Planning Board conducted public hearings pursuant to the LRHL and following publication and wide distribution of a notice of hearing and following the preparation of a map of the potential area in need of redevelopment; and
WHEREAS, the Planning Board considered the Redevelopment Investigation Report, dated November 9, 2007 as updated, prepared by Benecke Economics, said report having been provided to the property owners and made available to the general public; and
WHEREAS, on January 17, 2008 the Wanaque Planning Board unanimously adopted a resolution finding that the area referenced herein qualifies under N.J.S.A. 40A: 12A-1 et seq. as an area in need of redevelopment; and
WHEREAS, the Borough of Wanaque owns certain property in the Planning Board designated redevelopment area; Block 437, Lots 1.02 and 1.03; and
WHEREAS, said properties have further deteriorated over the past two years, making them an eyesore and a threat to the public health and safety.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque that, based upon the recommendation of the Wanaque Planning Board and recognizing the diligent work of the Board, the municipally owned properties located at Block 437, Lots 1.02 and 1.03, are hereby designated as an area in need of redevelopment pursuant to the provisions of NJSA 40A:12A-1 et seq.
BE IT FURTHER RESOLVED that the Borough Council will NOT be authorizing the use of eminent domain condemnation regarding this matter.Application for Raffle License:
Re: West Milford Midget Football - RA:744On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to approve the aforementioned Consent Agenda.
On roll call, all voted yes, except Councilwoman Cisco who recused from the Wanaque First Aid Squad Bingo and Raffle License, and the Mayor declared the motion carried.
REGULAR REPORTS - PROFESSIONAL REPORTS:1. Clerk's Receipts
2. Police Department Report -
3. Tax Collector's Report for July 2010
4. Municipal Court Report for July 2010
5. Welfare Report for July 2010 -On entertainment of the Mayor, Councilmen Cortellessa and Pasquariello 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:
The Administrator reported on the Architect for the façade improvements should have soon. With regard to recyclables I looked into it and all plastics and milk cartons are recyclable. The information will be out in the fall newsletter.Engineer:
The Engineer reported we are going to advertise the date for the bids for Melrose Avenue and Furnace Avenue. We have to select the drainage and the survey we are working on it.
Attorney:The Attorney reported we are still receiving tax appeals and they keep coming in. Valley View the case is still going on and will report back in September.
The Borough Administrator said we will look to do a Bond Reduction over five years from Tax Appeals.
The Mayor said what is the status of Mountain Lakes Estates.
The Borough Attorney said there are reports from the police department and the building inspector and there is a soil sediment situation. Everything is ready to go and are waiting for the process. M and T Bank is suing as to whose mortgage it is and that is going to mediation as both have title so it will be going to title mediation. The Borough and the local Sewer have been brought into the suit as it means the market value units as opposed to age restricted units. There is a water usage issue and they will go to mediation and hope to find a buyer to buy and build it out.COMMUNICATIONS:
Letter from Jomon Kalarickal, Kalari Liquors:
Re: Resolution #111-0-10 – Liquor License Stipulations/Restrictions.Chief Reno spoke to the licensee and the recommendations will stay in place until next June’s renewal.
Letter from Fire Chief:
Request to Show Tower 543 at the New Jersey State Firemen’s Convention –
Resolution #131-0-10On entertainment of the Mayor, Councilman Pasquariello and Councilwoman
Cisco moved that,BE IT RESOLVED that the Wanaque Borough Volunteer Fire Department, in conjunction with Smeal Fire Apparatus Company, be and are authorized to bring the 2009 Ladder Truck to the N.J. Firemen’s Convention from September 16-19, 2010 in Wildwood, New Jersey, upon receipt of a certificate of insurance and indemnification agreement from Smeal Fire Apparatus, assuming all liability for the vehicle while it is outside of the Borough of Wanaque on these dates.
On roll call, all voted yes, and the Mayor declared the motion carried.
COAH Response to Round 3 Submittal – Resolution #132-0-10:
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
On roll call, all voted yes, and the Mayor declared the motion carried.Jomon Kalarickal, 1093 Ringwood Avenue, Phoenix Club said we had a meeting on Saturday with the police and there is no disagreement. I have been the owner since 2004 and have done my best to keep the establishment in good standing and keep the business operating in Wanaque. Would like to meet with Councilman Pasquariello as the liaison to the police department.
NEW BUSINESS:Closed Session:
Re: Litigation / Negotiation / PersonnelNone.
UNFINISHED BUSINESS:Resolution #65-0-10 – Bond Reduction – Valley View
Held.
RESOLUTIONS: NONE
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 Operating 2009 $ 2,549.52
Current Prepaid 2010 $ 1,759.08
Current Operating 2010 $ 249,039.58
Water Operating Prepaid $ 1,198.16
Water Operating 2010 $ 27,136.17
Sewer Operating Prepaid $ 41.36
Sewer Operating 2010 $ 53,961.57
General Capital $ 13,824.60
Water Capital $ 26,172.81
Escrow $ 1,417.50
Recreation Trust $ 31,887.14
Housing Trust $ 1,026.00
Unemploy/Disab. $ 414.73Animal Trust $ 264.00
Voucher Total: $410,692.22
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.APPROVED: August 9, 2010
___________________________
Daniel Mahler
MayorPayrolls:
Councilmen Pettet and Theoharous moved a resolution approving the following payrolls:
Payroll #14 7/16/10 $193,192.87Payroll #15 7/30/10 $198,843.19
Payroll Total $392,036.06GRAND TOTAL $802,728.28
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.APPROVED: August 9, 2010
________________________________
Daniel Mahler
Mayor
ADJOURNMENT:On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 8:50 P.M.
___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk