August 8, 2005

                                                                                   

A Business Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, August 8, 2005, at 7:00 P.M. in the Wanaque Municipal Building.

 

The Mayor called the meeting to order.

 

            On roll call, the following Council Members responded: Balunis, Mahler, O’Connell, Pasquariello, Pettet, Theoharous.  The Mayor declared a quorum.  The Borough Attorney Anthony Fiorello and the Borough Engineer Michael Cristaldi were present.

 

The Mayor read the following Sunshine Statement: This is a Business Meeting of the Mayor and Council and adequate notice of this meeting has been provided by the Mayor and Council by e-mailing notice of this meeting to the Suburban Trends and the Herald News newspapers on June 30, 2005 stating therein that this meeting would be held on Monday, August 8, 2005 at the time of 7:00 P.M. in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy of this notice was posted on the bulletin board in the Wanaque Municipal Building on June 30, 2005 and a copy is on file in the office of the Municipal Clerk.

 

MINUTES:

 

Regular Meeting of July 25, 2005.

 

On entertainment of the Mayor, Councilmen Mahler and O’Connell 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. #17-0-05:

     Re:  Underage Drinking

                                                 

On entertainment of the Mayor, Councilmen Pettet and Balunis moved a motion that Ordinance #17-0-05 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 47, ALCOHOLIC BEVERAGES, TO ESTABLISH ARTICLE III, PROHIBITING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS.

 

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 O’Connell and Balunis moved that,

 

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 47, ALCOHOLIC BEVERAGES, TO ESTABLISH ARTICLE III, PROHIBITING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS 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.

 

COMMITTEE REPORTS:

 

Councilman Balunis:

 

            Councilman Balunis reported there is nothing new with the Board of Education and the Veterans fund is coming along.

 

Councilman Mahler:

 

            Councilman Mahler reported the Sewer Authority will schedule a meeting with other towns within thirty days.  October 6th there is going to be a Special Meeting regarding feasibility at 8:00 P.M. at Lakeland Regional High School in the Auditorium.

 

Councilman O’Connell:

 

            Councilman O’Connell said I have no report.

 

Councilman Pasquariello:

 

            Councilman Pasquariello said regarding the Police Department there is no report.  The First Aid Squad met with the mason and choose the brick for the building.  The roof will be done once the schools are open.  The new rig should be here in about a month.

 

 

Councilman Pettet:

 

            Councilman Pettet said I have no report.

 

Councilman Theoharous:

 

            Councilman Theoharous reported the Water Department is working hard and it doesn’t look like there will be any water restrictions.

 

PROFESSIONAL REPORTS/RESOLUTION REVIEW:

 

Engineer:

 

            The Engineer reported on Fourth Avenue the drainage pipe is being installed and is about half done.  They have to finish before they redo the road.  The contractor is bringing in equipment to being the work on Decker Road.  The First Aid Squad roof will be done when the material comes in.        

 

Administrator:

 

            The Administrator reported that August 30th tentatively the streetscape should be installed and is should be completed in a few hours.  Stop and Shop will be sponsoring $3,000.00 for the fireworks for the town picnic.

 

Attorney:

 

            The Attorney said I have no report.

 

PUBLIC DISCUSSION:

 

            The Mayor opened the Public Discussion.

 

            John Maiello, 26 Rhinesmith Avenue, Wanaque spoke about item 9.6 on the agenda and what is the grant for?

            The Borough Administrator said it is a $45,000.00 grant for the First Aid Squad roof.

            The Mayor closed the Public Discussion.      

 

REGULAR REPORTS - PROFESSIONAL REPORTS:

 

1.   Clerk's Receipts ‑ NONE.

 

2.   Police Department Report  - NONE.

 

3.   Tax Collector's Report for July 2005  ‑  NONE.

                                               

4.   Municipal Court Report for July 2005  ‑  NONE.

                                                                                                 

5.   Welfare Report for July 2005  -  NONE.

 

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

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

 

___________________________

             Warren Hagstrom

                     Mayor

 

 

CONSENT AGENDA:

 

   Applications to Amend Bingo License:

     Re:  Wanaque First Aid Squad Auxiliary – BL:177

 

   Application for Membership:

     Re:  Wanaque Borough Volunteer Fire Department – Matthew Hayward – Company

             #2

 

   Resolution #110-0-05:

     Re:  Refund of Tax overpayments on various properties in the amount of $7,809.81

 

WHEREAS, there exist tax overpayments on the properties listed herein:

 

BLOCK            LOT AMOUNT

102                  3                      1101.37

200.18             3 C0028            1838.11

204                  9                      1247.15

236                  3                      2299.97

240                  13.02                 187.86

450                  7                      1135.35

 

WHEREAS, the owners have requested a refund of said overpayments;

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $7,809.81 as per the certification of the Tax Collector.

 

   Payment to the County of Passaic:

     Re:  3rd Quarter Taxes for the year 2005 in the amount of $1,271,147.55

 

   Payment to the County of Passaic:

     Re:  Open Space Taxes for the 3rd Quarter Year 2005 in the amount of $25,651.33

  

   Resolution #111-0-05:

     Re:  Authorize the Mayor to execute the Statewide Livable Communities Grant

            Agreement

            WHEREAS, the Governing Body of the Borough of Wanaque received notice from the New Jersey Department of Community Affairs of its eligibility to receive a Statewide Livable Communities – Capital Improvements Grant in the amount of $45,000; and,

            WHEREAS, the purpose of the grant is for roof replacement for the first aid squad building.

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of Borough of Wanaque, that the Governing Body does hereby accept the grant of $45,000, for purposes described herein,

            BE IT FURTHER RESOLVED, that the Mayor of the Borough of Wanaque be and hereby is authorized to execute a Grant Agreement with the New Jersey Department of Community Affairs on behalf of the Borough of Wanaque, and upon execution of said Agreement, the Borough of Wanaque does accept the Terms and Conditions specified in the Agreement in connection with this grant.

Certification

I, Katherine Falone, Municipal Clerk of the Borough of Wanaque in the County of Passaic, and the State of New Jersey do hereby certify that the foregoing resolution is a true copy of the original resolution duly passed and adopted by the Governing Body at its meeting of August 8, 2005.

  

   Refund of deposit for Sidewalk replacement:

     Re:  118 Monroe Street, Haskell – Permit #1975 in the amount of $187.50

 

   Refund of deposit for Street Opening:

     Re:  Villa Place in the amount of $100.00

 

   Resolution #112-0-05:

     Re:  Appoint Robert DeStaffen as Field Representative, Property Improvement

 

            BE IT RESOLVED that Robert DeStaffen be and he is hereby appointed as Field Representative, Property Improvement, effective August 8, 2005 at an hourly rate of $18.01 per hour.

 

   Resolution #113-0-05:

     Re:  Approve Sewer Easement – Ramapo Mountain Drive

 

            On entertainment of the Mayor, Councilmen Pettet and O’Connell moved a motion to approve the aforementioned Consent Agenda.

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

 

COMMUNICATIONS:

 

   Letter from Borough of Ringwood:

     Re:  Resolution approving spending limitations on annual New Jersey State Budget

             Resolution #114-0-05

 

 

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

 

WHEREAS, N.J.S.A. 40A:4-45 et seq. declares that it is the policy of the legislature that spiraling costs of local government must be controlled to protect the homeowners of the State and enable them to maintain their homesteads; and

            WHEREAS, N.J.S.A. 40A:4-45 goes on to impose highly restrictive limitations on municipal spending; and

            WHEREAS, in addition to complying with the State imposed spending limitations, local elected officials are extremely aware of the burden imposed upon their taxpayers and exercise appropriate fiscal and community responsibility in the adoption of their respective budgets; and

            WHEREAS, the State of New Jersey government does not have the same or a similar law limiting its budget increases from year-to-year; and

            WHEREAS, without limitations on State budget increases, taxpayers are vulnerable to unregulated rising State tax burdens every year; and

            WHEREAS, in the spirit of tax relief, the State of New Jersey should subject itself to the same financial controls that it has imposed on Municipalities, Counties, Authorities and School Districts.

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

 

1)                 It requests that legislation be enacted to impose limits on the annual New Jersey State Budget to include spending limitations comparable to those required of Municipalities, Counties, Authorities and School Districts; and

2)                 A certified copy of this resolution be forwarded to Acting Governor Codey, Senator Henry P. McNamara, Assemblyman Kevin O’Toole, Assemblyman David Russo, Passaic County Board of Chosen Freeholders and all Passaic County municipalities.

 

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

 

            Councilman Mahler spoke about S3526 and A2144 – Christopher’s Law and requested that a supporting Resolution be done.

 

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

 

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

 

NEW BUSINESS:

   

   Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

            Held to the end of the meeting.

 

 

UNFINISHED BUSINESS:

 

   Resolution #95-0-05:

     Re:  Designate Redeveloper Candle Factory Site

 

            Councilmen Mahler and Pasquareillo moved that,

 

            WHEREAS, the Borough Council of the Borough of Wanaque adopted Ordinance No. 10-0-05 on May 16, 2005 entitled, “An Ordinance Establishing a Redevelopment Plan and Designating the Council of the Borough of Wanaque as the Redevelopment Entity for the Adult Housing Redevelopment Project within the Fourth Avenue Adult Housing Renewal Area and establishing the Fourth Avenue Adult Housing Zoning District (AAH-2) as Section 114-7.1 of the Code of the Borough of Wanaque”, and

            WHEREAS, pursuant to said ordinance, as well as the provisions of the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.) the Borough of Wanaque may enter into an agreement with a redeveloper for the planning, re-planning, construction or undertaking of any project or redevelopment work, or any part thereof; and

            WHEREAS, on March 24, 2004 the Borough Planner, Michael Kauker P.P., rendered his opinion that the area encompassed by the former “Candle Factory” site (Lots 36 and 38 in Block 432) is an area in need of redevelopment and on October 21, 2004 the Wanaque Planning Board, after due notice and public hearing thereon, concurred that the area is an area in need of redevelopment, and

            WHEREAS, the Borough Council has declared the area an area in need of redevelopment, as part of a comprehensive economic development plan as reviewed by the Borough Council on June 13, 2005 and has zoned the area for adult housing and open space within the redevelopment area, to meet a pressing public need to provide housing opportunities (both adult and affordable oriented housing) and passive recreation opportunities to the public, and  

            WHEREAS, the current owner of the property lying in the redevelopment area, Capadaglia Development Corporation, has designed a project consistent with the requirements of the aforesaid Redevelopment Plan Ordinance (Ordinance Number 10-0-05) subject to final site plan approval and the execution of a redevelopment and financial agreement implementing the terms and conditions of the Adult Housing Redevelopment Plan, and

            WHEREAS, Section 6 of the Redevelopment Plan Ordinance authorizes the Mayor and/or Borough Administrator to execute documents on behalf of the Borough of Wanaque to implement the redevelopment plan.

            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 the Borough Council hereby designates Wanaque Associates, LLC, with offices at 142 Route 23 North, Pompton Plains, NJ as the redeveloper of the Wanaque Adult Housing upon the final execution of a Redeveloper’s Agreement between the Borough of Wanaque and Wanaque Associates LLC, which shall include the township required COAH provisions, and subject to the terms and conditions set forth therein; and

            BE IT FURTHER RESOLVED, that 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 between the Borough of Wanaque and the herein designated redeveloper, Wanaque Associates LLC, a copy of said agreement shall be placed on file in the office of the Borough Clerk upon execution; and

            BE IT FURTHER RESOLVED that pursuant to the New Jersey Long-Term Tax Exemption Law (N.J.S.A. 40A:20-1 et seq.) the Mayor is hereby authorized to execute a Financial Agreement with the Redeveloper and the Urban Renewal Entity (URE) to implement the Payment in Lieu of Taxes (PILOT) program authorized pursuant to the New Jersey Long-Term Tax Exemption Law; and

            BE IT FURTHER RESOLVED that Wanaque Associates LLC may for the purpose of completing this project change its name to Wanaque Renewal Corporation, or any other name providing that all ownership interests, including the principal developers, remain the same.

 

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

 

FINANCE REPORT:

 

Councilman Mahler said your Finance Committee respectfully reports that they have examined and approved the following and recommend that warrants be issued for their payment when the funds of the Borough of Wanaque are sufficient to meet them.

 

            Vouchers:

 

CURRENT                                                2004                           $    4,876.54

 

CURRENT                                                2005                             158,070.65

 

CURRENT PRE-PAID                                                                  100,905.64

 

WATER OPERATING                             2004                                      49.99

 

WATER OPERATING                             2005                               19,346.76

 

WATER OPERATING  PRE-PAID                                                  1,174.07   

 

GENERAL CAPITAL                                                                     33,564.38

 

ESCROW BOOKKEEPER                                                                  722.50

 

DOG DEDICATED                                                                                31.80

 

RECREATION TRUST FUND                                                        3,280.00

 

OTHER TRUST                                                                                   330.00

 

UNEMPLOYMENT/DISABILITY                                                  7,409.57

 

PUBLIC ASSISTANCE                                                            __ 13,268.00__                                                            

       

                                                          TOTAL VOUCHERS       $343,029.90

 

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

APPROVED:  August 8, 2005

 

___________________________

              Warren Hagstrom

                       Mayor

 

Payrolls:

           

            Councilmen Mahler and O’Connell moved a resolution approving the following payrolls:

 

                                    Payroll #14            p/e 07/15/05                  $174,907.66

 

                                    Payroll #15            p/e 07/29/05                 _ 181,865.99_

 

                                                                           Payroll Total         $356,773.65

 

                                                                        GRAND TOTAL    $699,803.55

 

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

APPROVED:  August 8, 2005

 

_______________________________

                Warren Hagstrom

                         Mayor

 

NEW BUSINESS:

 

   Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

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

            On roll call, all were present.

 

ADJOURNMENT:

 

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

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 7:40 P.M.

 

 

__________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk