MAYOR AND COUNCIL MEETING
BOROUGH OF WANAQUE
MINUTES
Regular Meeting
June 14, 2010
A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, June 14, 2010, at 8:25 P.M. in the Wanaque Municipal Building.The Mayor called the meeting to order with the flag salute.
On roll call, the following Council Members responded: Balunis, Cisco, Cortellessa, Pettet, and Pasquariello. Councilman Theoharous was absent. The Mayor declared a quorum. The Borough Attorney, Borough Engineer and Borough Auditor 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.MINUTES:
Regular Meeting of May 10, 2010 and Special Meeting of June 1, 2010.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to approve the aforementioned minutes.
On roll call, all voted yes, and the Mayor declared the motion carried.PROCLAMATION:
The Mayor presented a Proclamation to the Fire Chief for the Fire Departments 100th Anniversary.
ORDINANCES:
Public Hearing of Ord. #6-0-10:
Re: Capital Ordinance for Façade Improvements
On entertainment of the Mayor, Councilmen Pettet and Pasquariello moved a motion that Ordinance #6-0-10 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 APPROPRIATE $127,000 IN COMMUNITY BLOCK GRANT FUNDS AND $40,000 FROM THE CAPITAL IMPROVEMENT FUND OF THE BOROUGH OF WANAQUE FOR THE HASKELL FAÇADE IMPROVEMENT PROGRAM FOR A TOTAL APPROPRIATION OF $167,000.
This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.The Mayor opened the Public Hearing.
Sandy Lawson, 28 Haskell Avenue, Haskell said which area is this for.
The Mayor said it is on the same side as Kressaty’s Pharmacy.
Sandy Lawson said there is a grant for this.
The Mayor said yes.
The Mayor closed the Public Hearing.Councilmen Pasquariello and Cortellessa moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO APPROPRIATE $127,000 IN COMMUNITY BLOCK GRANT FUNDS AND $40,000 FROM THE CAPITAL IMPROVEMENT FUND OF THE BOROUGH OF WANAQUE FOR THE HASKELL FAÇADE IMPROVEMENT PROGRAM FOR A TOTAL APPROPRIATION OF $167,000 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. #7-0-10:
Re: Capital Ordinance for Second Avenue Avenue Drainage
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #7-0-10 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 APPROPRIATE $83,800 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $30,000 FROM THE CAPITAL IMPROVEMENT FUND OF THE BOROUGH OF WANAQUE FOR THE 2ND AVENUE DRAINAGE PROJECT FOR A TOTAL APPROPRIATION OF $113,800.
This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.
The Mayor opened the Public Hearing.
Sandy Lawson, 28 Haskell Avenue, Haskell said this has been a long time coming and with the stormwater management plan in place you should put a component of the report and address those issues in it.
The Mayor closed the Public Hearing.Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO APPROPRIATE $83,800 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $30,000 FROM THE CAPITAL IMPROVEMENT FUND OF THE BOROUGH OF WANAQUE FOR THE 2ND AVENUE DRAINAGE PROJECT FOR A TOTAL APPROPRIATION OF $113,800 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. #8-0-10:
Re: COLA Index Rate OrdinanceOn entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #8-0-10 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: CALENDAR YEAR 2010 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14).
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 opened the Public Hearing.Councilmen Pasquariello and Cortellessa moved that,
BE IT RESOLVED that an Ordinance entitled: CALENDAR YEAR 2010 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) 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. #9-0-10:
Re: Bond Ordinance – Ringwood Avenue Phase IIIOn entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #9-0-10 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: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF RINGWOOD AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $850,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $809,500 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF RINGWOOD AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $850,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $809,500 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION 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 12th day of July 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. #10-0-10:
Re: Bond Ordinance – Assessment - Sidewalks Ringwood Avenue Phase IIIOn entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #10-0-10 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: BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF SIDEWALKS ALONG PORTIONS OF RINGWOOD AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY APPROPRIATING $825,000 THEREFOR, DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF, AND AUTHORIZING THE ISSUANCE OF $785,700 BONDS OR NOTES OF THE BOROUGH FOR FINANCING THE SAME.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF SIDEWALKS ALONG PORTIONS OF RINGWOOD AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY APPROPRIATING $825,000 THEREFOR, DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF, AND AUTHORIZING THE ISSUANCE OF $785,700 BONDS OR NOTES OF THE BOROUGH FOR FINANCING THE SAME 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 12th day of July 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. #11-0-10:
Re: Bond Ordinance – Bond Ordinance Second Avenue Drainage - $180,000On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that Ordinance #11-0-10 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: BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE DRAINAGE SYSTEM IN AND ALONG SECOND AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $185, 000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $176,100 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE DRAINAGE SYSTEM IN AND ALONG SECOND AVENUE IN AND BY THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $185, 000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $176,100 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION 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 12th day of July 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. #12-0-10:
Re: 2010 Salary Ordinance (Non-Union)On entertainment of the Mayor, Councilmen Pasquariello and Petett moved that Ordinance #12-0-10 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 ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF PAYMENT THEREOF 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 THEREOF 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 12th day of July 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.
PUPLIC HEARING of the 2010 Current, Water Utility and Sewer Utility Budgets and other Financial and Budgetary Resolutions – Resolution #95-0-10 and Resolution #116-0-10 – Self Examination of the Budget and Chief Financial Certification of Approved Budget Form
The Borough Administrator said this budget is one hundred six dollars additional that taxpayers will have to pay. There will probably be significant cuts next year.
The Mayor said the expenses are down in the budget and the revenue side is where we are taking the hit.The Mayor opened the Public Hearing on the Budget.
Sandy Lawson, 28 Haskell Avenue, Haskell said what is going to be cut and what is going to be reinstated in the budget.
The Borough Administrator said the revenues and the County is taking over Social Services. The picnic and money in recreation is going to be put back in.
Sandy Lawson said the budget is down five positions and are there any services being cut.
The Borough Administrator said the Health Department and Tax Assessor’s office have had their hours cut and we are down two people in the Road Department and the police lost an individual which will increase their response time.
Sandy Lawson said what is the average increase for each homeowner.
The Borough Administrator said one hundred six dollars.
The Mayor closed the Public Hearing on the Budget.Councilmen Cortellessa and Pettet moved that,
WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and
WHEREAS N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and
WHEREAS, pursuant to N.J.A.C. 5:30-7.2 THRU 7.5 the Borough of Wanaque has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial Officer has determined that the Borough of Wanaque meets the necessary conditions to participate in the program for the 2010 budget year, so now therefore
BE IT RESOLVED, by the Borough Council of the Borough of Wanaque that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officer's certification. The governing body has found the budget has met the following requirements:1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:
a. Payment of interest and debt redemption charges
b. Deferred charges and statutory expenditures
c. Cash deficit of preceding year
d. Reserve for uncollected taxes
e. Other reserves and non-disbursement items
f. Any inclusions of amounts required for school purposes2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met (complies with the "CAP" law).
3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.
4. That pursuant to the Local Budget Law:a. All estimates of revenue are reasonable, accurate, and correctly stated.
b. Items of appropriation are properly set forth
c. In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.5. The budget and associated amendments have been introduced, publicly advertised, and in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.
6. That all other applicable statutory requirements have been fulfilled.
BE IT FURTHER RESOLVED, THAT A COPY OF THIS RESOLUTION BE FORWARDED TO THE Director of the Division of Local Government Services.
On roll call, all voted yes, and the Mayor declared the motion carried.
RESOLUTION #95-0-10:
On entertainment of the Mayor, Councilmen Pettet and Cortellessa moved that,BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque of the County of Passaic that the Budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $8,387,645.00 for Municipal purposes;
RECORDED VOTE:
AYES: Councilman Balunis, Councilwoman Cisco, Councilman Cortellessa, Councilman Pasquariello and Councilman Pettet.
NAYS: NONE
ABSTAINED: NONEABSENT: Councilman Theoharous
It is hereby certified that the within Budget is a true copy of the Budget finally adopted by Resolution of the Governing Body on the 14th day of June 2010. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2010 approved Budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services.
Councilwoman Cisco thanked the Mayor and Administrator for a good job on the budget.
The Borough Auditor explained the budget process and now the budget is adopted.
The Borough Administrator said the Tax Collector and former Tax Collector are to be commended on the consolidation of the tax bills and the process.COMMITTEE REPORTS: (Work Meeting)
PUBLIC DISCUSSION:
The Mayor opened the Public Discussion.
Kenneth Ambruster, 6 Gardella Place, Haskell said what are the tax bills going to be going up.
The Borough Administrator said they are going up one hundred six dollars.The Mayor closed the Public Discussion.
CONSENT AGENDA:
Resolution #93-0-10:
Re: Cancel the 2010 Tax on Block 448, Lot 16.01 in the amount of $3,707.36WHEREAS, Block 448 Lot 16.01 has been purchased by the Borough of Wanaque and is now tax exempt
WHEREAS, there is a total amount due for Block 448 Lot 16.01 in the amount of $3,707.36
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector shall cancel the 2010 tax on this parcel.Resolution #94-0-10:
Re: Refund of Tax Overpayments on various properties for the 2nd Quarter of 2010 in the amount of 7,745.96WHEREAS, there exists tax overpayments on the properties listed herein for the 2nd Quarter of 2010:
BLOCK LOT AMOUNT
200.18 3C0105 $1,880.33
313.09 3.12 $1,867.20
102 20 $1,492.30
273 1 $2,506.13
WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $7,745.96 as per the certification of the Tax Collector.Resolution #96-0-10:
Re: NJDOT Grant Application – Wanaque Avenue and Butler PlaceResolution #97-0-10:
Re: Approve Yard Waste Disposal ContractWHEREAS, the Borough of Wanaque solicited proposals for the recycling of yard waste and leaves and received the following quotes:
Nature’s Choice Yard Waste $11.94 cu. yd.
Deliver or picked up Leaves $ 8.72 cu. yd.Grinnell Recycling Yard Waste $14.00 cu. yd.
Picked up Leaves $14.00 cu. yd.
and;
WHEREAS, the Borough Administrator has reviewed the proposal of Nature Choice and finds it meets the needs of the Borough.
NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to Nature’s Choice Corporation, 1 Caven Point Avenue, Jersey City, N.J. 07305 in accordance with the quote submitted on March 24, 2010.
Resolution #98-0-10:
Re: Approve Agreement – Dykstra Associates for Modules 6 and 7 - HighlandsBE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized to execute an agreement with Dykstra Associates for Modules 6 and 7 for Highlands Conformance, not to exceed $10,000.
Resolution #99-0-10:
Re: Passaic County CDBG participationBE IT RESOLVED that the Mayor and Borough Clerk are authorized and directed to execute a cooperative agreement with the Passaic County Community Development Block Grant Program for program years 2011, 2012 and 2013.
Resolution #100-0-10:
Re: Consent to Assign Promissory Note to Arrow Shed LLCBE IT RESOLVED that the Mayor Daniel Mahler be and he is authorized to sign a Consent Agreement to assign the Promissory Note, dated as of November 14, 2000 between Arrow Group Industries Inc. and the Wanaque Borough Sewerage Authority to Arrow Shed, LLC.
Resolution #101-0-10:
Re: Approve Final Payment – 4 Clean Up – First Street and Second Street – $16,837.67BE IT RESOLVED that the Mayor Daniel Mahler be and he is authorized to sign a Consent Agreement to assign the Promissory Note, dated as of November 14, 2000 between Arrow Group Industries Inc. and the Wanaque Borough Sewerage Authority to Arrow Shed, LLC.
Resolution #102-0-10:
Re: Approve Final Payment – John Garcia and Son – Laura Avenue – Phase IIBE IT RESOLVED that the Engineer’s estimate #5 (final) for the Laura Avenue Phase II reconstruction in the amount of $6,124.24 payable to John Garcia & Son be and is hereby approved.
Resolution #103-0-10:
Re: Approve Payment #2 and Change Order #1 – Lucas Electric for Memorial Field
LightsBE IT RESOLVED that current estimate #2 in the amount of $79,868.61 for the Memorial Field lights payable to Lucas Electric be and is hereby approved; and
BE IT FURTHER RESOLVED that the following change orders are also approved:
#1 Credit ($15,000.00)
#2 2,550.85
#3 2,581.33
#4 1,916.36
#5 1,916.38
#6 4,283.68Net Change Credit ($ 1,751.42)
Resolution #104-0-10:
Re: NJDOT Grant Application – Burnside PlaceResolution #105-0-10:
Refund COAH Fees – Holiday Inn ExpressBE IT RESOLVED that the non-residential development fee paid by Shree Badha Shivam LLC for the property located at 303 Union Avenue, Haskell, N.J. in the amount of $58,500 be and is hereby refunded.
Resolution #106-0-10:
Re: Authorize the Mayor to execute the 2010 Contract for the Ringwood/Wanaque
Alliance for Prevention of Substance Abuse (A.W.A.R.E.A.S.A.P)BE IT RESOLVED that the Mayor of the Borough of Wanaque is hereby authorize to execute the 2010 Contract for the Ringwood/Wanaque Alliance for Prevention of Substance Abuse – DEDR Funding - $54,400.00.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to approve the aforementioned Consent Agenda.
On roll call, all voted yes and the Mayor declared the motion carried.
REGULAR REPORTS - PROFESSIONAL REPORTS:1. Clerk's Receipts for May NONE.
2. Police Department Report for May - NONE.
3. Tax Collectors Report for May 2010 NONE.
4. Municipal Court Report for May 2010
5. Welfare Report for May 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 The Great Atlantic and Pacific Tea Company:
Re: Request for a refund of an overpayment for the 2010/2011 Liquor License
Renewal in the amount of $400.00 – Resolution #107-0-10On entertainment of the Mayor, Councilmen Cortellessa and Balunis moved that,
BE IT RESOLVED that a refund be made to The Great Atlantic and Pacific Tea Company, Inc. for an overpayment for the 2010/2011 Liquor License Renewal Fee in the amount of $400.00.
On roll call, all voted yes, and the Mayor declared the motion carried.
NEW BUSINESS:
Approval of 2010/2011 Liquor License Renewals - Resolution #108-0-10:
1. Berta’s Chateau 6. Roar of the Crowd
2. Wine 2 Spirits 7. Il Palazzo, Inc.
3. Sal Falciglia 8. Crown Liquors
*4. Flip’s Bar – Resolution #109-0-10 *9. Phoenix Club – Resolution #111-0-10
*5. Tree Tavern - Provision Foods LTD - Resolution #110-0-10 10. The Great Atlantic and Pacific Tea Company *License with Resolution of stipulations and restrictions
(Approval pending completion of inspection reports of establishments)
On entertainment of the Mayor, Councilman Pettet and Councilwoman Cisco moved a motion to approve the aforementioned Liquor Licenses with any conditions, stipulations or restrictions placed on licenses.
On roll call, all voted yes, and the Mayor declared the motion carried.Application for Ice Cream Vendor License:
Re: Adib Daoud, 19 Skyland Avenue, Haskell (Suject to the approval of the Police
Department Inspection and the Health Department Inspection)Held.
Passaic County Open Space Trust Application:
Previously discussed.
Tax Appeals:
Previously discussed
Business Meetings – July and August:Will be held at 7:00 P.M.
Welcome to Wanaque Sign:
On entertainment of the Mayor, Councilwoman Cisco and Councilman Pettet moved a motion to approve the location of the sign on the property at Union Avenue and Ringwood Avenue.
On roll call, all voted yes, and the Mayor declared the motion carried.Closed Session:
Re: Litigation / Negotiation / PersonnelNone.
UNFINISHED BUSINESS:Resolution #112-0-10:
Re: Appointment of Historical CommissionOn entertainment of the Mayor Councilman Pettet and Councilwoman Cisco moved that,
BE IT RESOLVED that the following residents be and are hereby appointed to the Wanaque Historical Committee (Resolution 87-0-10) with terms beginning July 1, 2010.
Golden Age Club – Bill Trusewicz – 3 years
Library Board of Trustees - Alice Beam - 4 years
Chamber of Commerce - Grace Maiello - 3 years
Veterans of Foreign Wars - John Beam - 4 years
At Large-Francis Miceli - 5 years
At Large - Joe Gilabert - 3 years
At Large – Patricia Kebrdle - 4 years
At Large - Dolores Hagstrom - 5 years
- Board of Education – Marie Mahler – 5 YearsOn roll call, all voted yes, except Councilman Cortellessa who abstained and the Mayor declared the motion carried.
Letter re: Parking on First Street
Ordinance to be done for the next meeting.
Resolution #65-0-10:
Re: Bond Reduction – Valley View
Held.RESOLUTIONS:
Resolution #113-0-10
Re: Designating the Borough Administrator as signatory on behalf of the Borough
Council as appointing authority for Civil ServiceOn entertainment of the Mayor Councilmen Pettet and Balunis moved that,
WHEREAS, the Civil Service Commission has determined that the Borough Council is the proper “Appointing Authority” in the Borough form of government; and
WHEREAS, the Civil Service Commission has requested that the Borough Council designate an individual to sign all Civil Service forms on behalf of the Borough Council as Appointing Authority.
BE IT RESOLVED that the Borough Administrator be designated to act as the signatory on behalf of the Borough Council as the Appointing Authority for the Borough of Wanaque.On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #114-0-10:
Re: Bond Sale Delegation ResolutionOn entertainment of the Mayor, Councilmen Pettet and Pasquariello moved that,
RESOLUTION 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 Councilman Pettet, seconded by Councilman Pasquariello the foregoing resolution was adopted by the following vote:
AYES: Councilman Balunis, Councilwoman Cisco, Councilman Cortellessa, Councilman Pasquariello, Councilman Pettet
NOES: NONE
ABSENT: Councilman TheoharousABSTAIN: NONE
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #115-0-10:
Re: Supporting Over the Limit under Arrest 2010 Statewide CrackdownOn entertainment of the Mayor, Councilman Cortellessa and Councilwoman Cisco moved that,
WHEREAS, Impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and
WHEREAS, 31% of motor vehicle fatalities in New Jersey are alcohol related; and
WHEREAS, an enforcement crackdown is planned to combat impaired driving; and
WHEREAS, the summer season and the Labor Day holiday in particular are traditionally times of social gatherings which include alcohol; and
WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the “Over the Limit Under Arrest 2010 State Crackdown”; and
WHEREAS, the project will involve increased impaired driving enforcement from August 20 through September 6, 2010; and
WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways;
NOW, THEREFORE, BE IT RESOLVED that Wanaque Borough declares it’s support for the “Over the Limit Under Arrest 2010 Statewide Crackdown” from August 20 through September 6, 2010 and pledges to increase awareness of the dangers of drinking and driving.
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 $2,195.19
CURRENT OPERATING 2009 $6,000.00
CURRENT OPERATING 2010 $341,456.07
WATER OPERATING PREPAID $1,219.52
WATER OPERATING 2009 $3,100.00
WATER OPERATING 2010 $53,815.94
SEWER OPERATING PREPAID $220.88
SEWER OPERATING 2010 $425.00
GENERAL CAPITAL $80,768.61
WATER CAPITAL $1,747.50
ESCROW $382.50
PUBLIC ASSISTANCE $16,243.50
RECREATION TRUST $8,275.50OTHER TRUST $13,000.00
RECYCLING TRUST $3,186.63
ANIMAL TRUST $19.80
HOUSING TRUST $163.20 $163.20
TOTAL VOUCHERS $532,219.84
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: June 14, 2010
___________________________
Daniel Mahler
Mayor
Payrolls:Councilman Pettet and Councilman Pasquariello moved a resolution approving the following payrolls:
Payroll #10 05/21/10 $189,818.51
Payroll #11 06/04/10 $194,040.13
Payroll Total $383,858.64GRAND TOTAL $ 916,078.48
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: June 14, 2010
________________________________
Daniel Mahler
Mayor
ADJOURNMENT:On entertainment of the Mayor, Councilman Balunis 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 8:55 P.M.
___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk