MAYOR AND COUNCIL MEETING

BOROUGH OF WANAQUE

 

MINUTES

 

December 11, 2006

 

 

A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, December 11, 2006, at 8:00 P.M. in the Wanaque Municipal Building.

 

The Mayor called the meeting to order.

 

            On roll call, the following Council Members responded: Fiorito, 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 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 4, 2006, and a notice thereof has been posted on January 4, 2006 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 November 13, 2006.

 

On entertainment of the Mayor, Councilmen Theoharous and Fiorito moved a motion to approve the aforementioned Minutes.

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

 

Special Meeting of November 27, 2006.

 

On entertainment of the Mayor, Councilmen Fiorito and Theoharous moved a motion to approve the aforementioned Minutes.

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

 

ORDINANCES:

 

   Public Hearing of Ord. #27-0-06:

     Re:  Accept Access Road from Wanaque Valley Regional Sewerage Authority

 

            On entertainment of the Mayor, Councilmen Mahler and O’Connell moved a motion that Ordinance #27-0-06 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 ACCEPTING ACCESS ROAD FROM WARRENS WAY TO THE WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY FACILITY.

 

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 Fiorito and Mahler moved that,

 

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE ACCEPTING

ACCESS ROAD FROM WARRENS WAY TO THE WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY FACILITY 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. #28-0-06:

     Re:  Bond Ordinance – Improvement of the Water Supply and Distribution System

             (Storms Avenue) appropriating $900,000

 

            On entertainment of the Mayor, Councilmen O’Connell and Mahler moved a motion that Ordinance #28-0-06 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:  BOND

ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (STORMS AVENUE) IN AND BY THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $900,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $900,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.

 

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 Mahler moved that,

BE IT RESOLVED that an Ordinance entitled:  BOND ORDINANCE

PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM (STORMS AVENUE) IN AND BY THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC, NEW JERSEY, APPROPRIATING $900,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $900,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION 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. #29-0-06:

     Re:  2007 Salary Ordinance

 

            On entertainment of the Mayor, Councilmen Mahler and Theoharous moved a motion that Ordinance #29-0-06 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 ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF AND THE METHOD OF PAYMENT THEREOF FOR THE EMPLOYEES OF THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC, WHO ARE AND ARE NOT COVERED BY MUTUAL AGREEMENTS.

 

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 Mahler moved that,

 

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE TO AMEND

ORDINANCES THAT PROVIDE FOR AND DETERMINE THE RATE OF AND THE METHOD OF PAYMENT THEREOF FOR THE EMPLOYEES OF THE BOROUGH OF WANAQUE IN THE COUNTY OF PASSAIC, WHO ARE AND ARE NOT COVERED BY MUTUAL AGREEMENTS 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.

 

CONSENT AGENDA:

 

   Application to Amend Bingo License:

     Re:  Wanaque First Aid Auxiliary – BL:182

 

   Application for Raffle License:

     Re:  A.W.A.R.E. A.S.A.P. – RA:662

 

   Membership Application for Fire Department:

     Re:  Zachary Anderson – Company #2 effective immediately

 

   Resolution #173-0-06:

     Re:  Cancel Taxes on Block 313.09, Lot 3.05 due to 100% disabled Veteran in the

             amount of $1,838.37

 

WHEREAS, the owner of Block 313.09 lot 3.05 qualifies for a 100% disabled Veteran exemption from tax, and

WHEREAS, there remains an added assessment amount of $1838.37 plus interest outstanding on this property for 2006 4th quarter,

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector cancel the tax and interest due.

 

   Resolution #174-0-06:

     Re:  Cancel Taxes on Block 313.09, Lot 4.14 due to disabled Veteran in the amount of

             $1,819.96

 

WHEREAS, the owner of Block 313.09 lot 4.14 qualifies for a 100% disabled Veteran exemption from tax, and

WHEREAS, there remains an added assessment amount of $1819.96 plus interest outstanding on this property for 2006 4th quarter,

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector cancel the tax and interest due.

 

   Resolution #175-0-06:

     Re:  Cancel Taxes on Block 430, Lot 1.03 due to demolition of building in the amount

             of $3,025.54

 

WHEREAS, the owner of Block 430 lot 1.03 has demolished the building on this property and,

WHEREAS, this owner has paid tax on the land assessment, and

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector cancel the remaining tax of $3,025.54.

 

 

   Resolution #176-0-06:

     Re:  Cancel 2006 Taxes per Lease Agreement with Pulte Communities on various

             properties in the amount of $2,797.90

 

WHEREAS, Pulte Communities of NJ Limited Partnership is the owner of

 

Block 999 lot 4.01

Block 301 lot 1.01

   Block 249 lot 1, and

 

WHEREAS, the Borough of Wanaque has entered into a lease agreement with the same, and

NOW, THEREFORE, BE IT RESOLVED that as part of this lease agreement, the Tax Collector will cancel the tax and accrued interest on these properties for the year 2006.

 

   Resolution #177-0-06:

     Re:  Refund of 2006 4th Quarter Tax overpayments on various properties in the

             amount of $18,298.17

 

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

 

BLOCK            LOT               AMOUNT

200                  8.09                 1159.51

200.03             17                    2180.23

313.07 `           3.05                 1889.82

313.08             3.12                 1422.41

313.08             4.05                 2271.06

317                  2.06                 2158.42

403                  86                    7216.72

 

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $18,298.17. as per the certification of the Tax Collector.

 

   Refund of Deposit:

     Re:  Street Opening Permit #1982 to Dale Ostrander, 5 Belmont Avenue, Wanaque

             in the amount of $100.00

 

   Budgetary Transfers:

 

            BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2006 Local Municipal Budget be approved:

            BE IT FURTHER RESOLVED, that the proper Borough Officers are hereby directed to enter the said transfers on the financial records of the Borough:

FROM                                                                         TO

 

Administration S&W                $1,500.00                    Finance S&W              $1,500.00

-099-101                                                                     -099-106

Administration S&W                $1,000.00                    Planning Bd. S&W       $1,000.00

                                                                                    -099-119

Admin. S&W                           $  750.00                     Bd of Adj. S&W          $   750.00

                                                                                    -099-121

Admin. S&W                           $  500.00                     OEM  S&W                $   500.00

                                                                                    -099-133

Admin. S&W                           $3,000.00                    Munic Clerk S&W       $3,000.00

                                                                                    -099-104

Admin. S&W                           $1,000.00                    OEM Other Exp.          $1,000.00

                                                                                    -133-299

Tax Assessor S&W                  $1,000.00                    Planning BD S&W       $1,000.00

-099-107                                                                     -099-119

Tax Assessor  S&W                 $5,000.00                    Police S&W                 $5,000.00

                                                                                    -099-124

Recreation S&W                      $8,000.00                    Gasoline                       $8,000.00

-099-139                                                                     -146-202

Recycling                                  $60,000.00                  Police S&W                 $60,000.00

-135-252                                                                     -099-124

Bd of Health                             $14,000.00                  DPW O.E.                   $14,000.00

-099-134                                                                     -132-299

CCO  S&W                             $13,000.00                  DPW O.E.                   $13,000.00

-099-142                                                                     -132-299

Finance O.E.                            $ 1,250.00                   DPW  O.E.                  $  1,250.00

-106-211                                                                     -132-299

Mayor & Council O.E. $ 4,000.00                   FICA                           $  4,000.00

-102-299                                                                     -156-346

Finance O.E.                            $ 1,000.00                   BLDG                          $ 1,250.00

-106-211                                                                     -099-117

Engineer Fees                           $ 1,750.00                   BLDG                          $1,750.00

-115-276                                                                     -099-117

DPW  S&W                            $15,000.00                  Police Car                    $15,000.00

-099-132                                                                     -125-263

Garbage                                   $12,000.00                  Police Car                    $12,000.00

-136-256                                                                     -125-263

Data Processing                        $3,200.00                    Gasoline                       $3,200.00

-105-211                                                                     -146-202

Vegatative Waste                                                         Police S&W                 $11,500.00

-135-252                                 $9,500.00                    -099-124

-135-253                                 $2,000.00

Garbage                                                                       Police S&W                 $6,000.00

-136-299                                 $5,000.00

-136-256                                 $1,000.00

DPW S&W                                                                 DPW Other Expenses

-099-132                                 $9,000.00                    -132-299                     $25,000.00

Engineer

-115-274                                 $7,000.00

Tax Coll S&W

-099-109                                 $1,500.00

Public Bldg S&W

-099-117                                 $4,000.00

Bd of Health S&W

-099-134                                 $1,500.00

Admin S&W

-099-101                                 $1,000.00

Plan Bd S&W

-099-119                                 $1,000.00                               

 

   Application for Raffle License:

     Re:  A.W.A.R.E. A.S.A.P. – RA:663

 

   Resolution #185-0-06:

     Re:  Refund of Tax overpayment on Block 313.10, Lot 4.02 in the amount of

             $2,209.20

 

WHEREAS, there exists a tax overpayment on the property listed herein:

 

BLOCK            LOT               AMOUNT

313.10             4.02                $2,209.20

 

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

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of  $2,209.20. as per the certification of the Tax Collector.

 

 

   Resolution #187-0-06:

     Re:  Supporting “Ground Zero” Responders, Volunteers and Residents

 

RESOLUTION SUPPORTING “GROUND ZERO” RESPONDERS,

VOLUNTEERS AND RESIDENTS

 

WHEREAS, when the World Trade Center was attacked by terrorists on September 11, 2001, many first responders, volunteers and residents living in the area worked together attempting to save lives and in the ensuing monumental clean-up effort; and

WHEREAS, those who labored so tirelessly for so long at Ground Zero were admired by the entire nation and hailed as heroes; and

            WHEREAS, five years later, many of those very people who gave so unselfishly of themselves are now experiencing serious threats to their health due to the conditions at the site; and

            WHEREAS,  many of the health problems and resulting extraordinary expenses being faced by the Ground Zero workers, as well as residents in the area, have exhausted health insurance coverage, savings, and other benefits, and those people are more or less being left to fend for themselves; and

            WHEREAS, the plight of those affected, who should be thanked profusely for their services and not ignored, should be resolved and taken care of by all means necessary.

            NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the Borough of Wanaque, in the State of New Jersey, do hereby urge the creation of programs at all levels of government, and in the private sector as well, that would provide assistance to those who are facing serious health threats and financial woes due to working and living at Ground Zero, and

            BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to President George W. Bush; to Senator Frank Lautenberg; to Senator Robert Menendez; to Congressman Steven Rothman; to New York Governor George Patacki, to New Jersey Governor Jon S. Corzine; to New York Mayor Michael Bloomberg; to New Jersey State Senator John A. Girgenti; to New Jersey Assemblywoman Nelida Pou; to New Jersey Assemblyman Alfred E. Steele; to the Passaic County Board of Chosen Freeholders; and to the Clerks of all Passaic County Municipalities.

 

            On entertainment of the Mayor, Councilmen Mahler 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.  

           

REGULAR REPORTS - PROFESSIONAL REPORTS:

 

1.   Clerk's Receipts ‑ NONE.

 

2.   Police Department Report  - NONE.

 

3.   Tax Collector's Report for November 2006    NONE.

                                               

4.   Municipal Court Report for November 2006    NONE.

                                                                                               

5.   Welfare Report for November 2006  -  NONE.

 

On entertainment of the Mayor, Councilmen Theoharous and Fiorito 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.

 

___________________________

               Thomas Balunis

                       Mayor

 

 

   Administrator:

 

            The Borough Administrator reported we received a $250,000 grant from NJDOT for Phase I of reconstruction of Laura Avenue.  I believe that goes from George Street to Furnace Avenue but I’m not sure of the limits, but I know it was the north end that we were looking at.  So we would be looking at doing the water main, re-doing the sidewalk curbs, drainage and everything on that.  And that street as we all know is just as bad as Ringwood Avenue is.  So that will be a nice improvements for that area.  The Board of Education has received approval from the Department of Education for the Addice park lease and leasing a portion of the school property to the Borough so the agreements will be signed tomorrow night and we’ll be able to move forward in January hopefully in awarding the consultants contract.  You’re all aware that the candle factory is being demolished and things are moving forward with that development.  So he’s continuing to move along and we’re happy to see that.  Lastly I just want to mention that the Wanaque school PTA the last few years has a drama club and has been putting on shows.  With my son there the last two years, we’ve been involved with it and they put a great show on this past weekend called high school musical.  And for fourth through eighth graders it was a high school quality production and it was really good.  The kids had a good time.  They did it at the high school so it was a good way of introducing a lot of the kids to the high school, to the stage and it was done all by parent volunteers it was funded by the home school PTA and everybody who was involved with this should be commended because it was a really good program.

 

   Attorney:

 

            The Borough Attorney reported based upon your authorization I filed an answer in the lawsuit of Strengthen our Sisters vs the Borough of Wanaque.  In that answer we not only denied the allegations.  In specificificity, I think there are six counts in the complaint but we also put in separate defenses in a counter claim.  The counter claim is to compel them to come before the Board of Adjustment and make an application to present their plans for review and approval or disapproval.  So that’s been filed.  We’re meeting with Tom tomorrow.  I spoke to the Department of Community Affairs today.  I’ll be getting their files tomorrow so that will be coming up for trial shortly.  The Borough has waived the fees for that application and the Borough has declined to remove anybody from those facilities until such time as the court has an opportunity to rule on the case.  That’s the status of the litigation.

 

   Engineer:

 

            The Borough Engineer said I have no report. 

 

COMMUNICATIONS:   None.

 

NEW BUSINESS:

 

 

   Three (3) Applications for Tow Truck License:

     Re:  1) Advanced Towing Repairs Ltd., 30 Ringwood Avenue, Ringwood,

             2) Ringwood Towing LLC, 89 Greenwood Lake Turnpike, Ringwood,

             3) Roberto’s Auto Body, 14 Haskell Avenue, Haskell

 

            On entertainment of the Mayor, Councilman Fiorito and O’Connell moved a motion to approve the aforementioned applications.

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

 

   January Work and Regular Meetings – January 8, 2007 – 7:00 P.M. and 8:00 P.M.

 

   Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

            None.

 

UNFINISHED BUSINESS:     

 

   Application for Liquor License Transfer – Person to Person:

     Re:  Adalgisa Gazzillo to Ermalinda Tavarez, 815 Ringwood Avenue, Haskell –

             License #1613-032-015-008 – Resolution #168-0-06

 

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

 

WHEREAS, an application has been filed for a person to person transfer of Plenary Retail Consumption License w/Broad Package Privilege #1613-32-015-008 heretofore issued to Adalgisa Gazzillo for premises located at 815 Ringwood Avenue, Wanaque, New Jersey 07465; and

            WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

            WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local Ordinances and conditions consistent with Title 33; and

            WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;

            NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council hereby approve, effective December 11, 2006, the transfer of the aforesaid Plenary Retail Consumption License to 815 Ringwood Avenue Realty, L.L.C. subject to the closing of title, and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all its terms and conditions, is hereby transferred to 815 Ringwood Avenue Realty, L.L.C. effective December 11, 2006.”

 

            On roll call, all voted yes, and the Mayor declared the motion carried pending receipt of the original Tax Clearance Certificate.

RESOLUTIONS:

 

   Resolution #178-0-06:

     Re:  Water Main Extension Application – Valley View at Wanaque

 

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

 

            BE IT RESOLVED that Mayor Thomas Balunis be and he is authorized to execute a Water Main Extension Application for Fourth Avenue in connection with the Valley View at Wanaque development.

 

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

 

   Resolution #179-0-06:

     Re:  Withdrawing from New Jersey State Health Benefits Fund

 

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

 

      A Resolution to terminate participation under the New Jersey State Health Benefits Program (which includes Prescription Drug Program and/or Dental Plan coverage).

 

       BE IT RESOLVED:

 

       1.   The Borough of Wanaque hereby resolves to terminate its participation in the program (including Prescription Drug and/or Dental Plan) thereby canceling coverage provided by the New Jersey State Health Benefits Program (N.J.S.A. 52:14-17.25 et seq.) for all its active and retired employees.

2.   We shall notify all active employees of the date of their termination of coverage under the program.

3.   We understand that the Division of Pensions and Benefits will notify retired employees of the cancellation

of their coverage.

4.   We understand that all COBRA participants will be notified by the Division of Pensions and Benefits and advised to contact our office concerning a possible alternative health, prescription drug, and dental insurance program.

5.      We understand that this resolution shall take effect the first of the month following a 60-day period beginning with the receipt of the resolution by the State Health Benefits Commission.

 

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

 

   Resolution #180-0-06:

     Re:  Joining Bergen Municipal Employee Benefits Fund

 

     On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that,

 

RESOLUTION TO JOIN

BERGEN MUNICIPAL EMPLOYEE BENEFITS FUND

 

            WHEREAS, a number of public entities in the State of New Jersey have joined together to form the BERGEN MUNICIPAL EMPLOYEE BENEFITS FUND hereafter referred to as "FUND", as permitted 40A:10-36 et seq., and;

            WHEREAS, the FUND was approved to become operational by the Departments of Insurance and Community Affairs and has been operational since that date, and;

            WHEREAS, the statutes and regulations governing the creation and operation of a joint insurance fund, contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a FUND;              WHEREAS, the governing body of the Borough of Wanaque, hereinafter referred to as "LOCAL UNIT" has determined that membership in the FUND is in the best interest of the LOCAL UNIT.

            NOW, THEREFORE, BE IT RESOLVED that the governing body of the LOCAL UNIT hereby agrees as follows:

 

                       i.           Become a member of the FUND for the period outlined in the LOCAL UNIT's Indemnity and Trust Agreements.

                       ii.           Will participate in the following type (s) of coverage (s):

                                  a.)          Health Insurance as defined pursuant to N.J.S.A. 17B:17-4, the FUND's Bylaws, and Plan of Risk Management.

                      iii.           Adopts and approves the FUND's Bylaws.

                      iv.           Execute an application for membership and any accompanying certifications.

                      v.           Commit to the four principles of the FUND which are:

                                  a.)          A long term philosophy on rates.

                                  b.)          A willingness to work with bargaining units to achieve plan design changes.

                                  c.)          Professional management with stability and commitment.

                                  d.)          Rating structure based on actuarial numbers.

 

            BE IT FURTHER RESOLVED that the Governing Body of the LOCAL UNIT is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the FUND as required by the FUND's Bylaws, and to deliver these documents to the FUND's Executive Director with the express reservation that these documents shall become effective only upon:

 

                       i.           Approval of the LOCAL UNIT by the FUND.

                       ii.           Receipt from the LOCAL UNIT of a Resolution accepting assessment.

                      iii.           Approval by the New Jersey Department of Insurance and Department of Community Affairs.

 

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

 

   Resolution #181-0-06:

     Re:  Cancel Stale Dated Checks

 

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

WHEREAS, there exists several stale dated checks for the Borough of Wanaque

which remain outstanding as of  December 11, 2006

            WHEREAS, it is therefore necessary to formally cancel these stale dated checks

to surplus;

            NOW, THEREFORE, BE IT RESOLVED that the following checks be canceled:

           

CURRENT FUND:

           

                        Ck#217832 – Dated  9/12/05                32.00

                        Ck#218165 – Dated 11/15/05             150.00

                                    CK#218397 – Dated 12/12/05            450.00

 

                                                                         TOTAL         $632.00

           

PAYROLL:

                                    Ck#44807 – Dated 3/24/05                 121.64

                                    CK#45121 – Dated 6/1/05                  896.69

                                    CK#45380 – Dated 7/29/05                158.53

                                    CK#45645 – Dated 9/23/05                    2.12

                                                                           TOTAL    $1178.98                         

                                                                                   

                                                      Grand total of checks:  $1,810.98

 

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

 

   Resolution #182-0-06:

     Re:  Cancel Appropriations

 

            On entertainment of the Mayor, Councilmen O’Connell and Mahler moved that,

 

WHEREAS, the following Water Operating budget appropriation balance remains unexpended:

 

Purchase of Water                                            $52,978.89

 

WHEREAS, it is necessary to formally cancel said balance so that the unexpended balance may be credited to Surplus;

NOW THEREFORE, BE IT RESOLVED, by the Council of the Borough of Wanaque, that the above listed unexpended balance of the Water Operating Fund entitled Purchase of Water be canceled.

 

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

 

   Resolution #183-0-06:

     Re:  Award Bid – Police Car

 

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

 

            BE IT RESOLVED that a contract be awarded to Warnock Fleet, 175 Route 10, East Hanover, N.J. 07936 for one (1) Ford Crown Victoria Police Car, under New Jersey State Contract #A67129 at a price of $22,387.89; and

            BE IT FURTHER RESOLVED that the Chief Financial Office has certified that funds are available in budget account 6-CU-01-125-263.

 

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

 

   Resolution #184-0-06:

     Re:  Application to Local Finance Board – Bond Financing

 

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

RESOLUTION OF THE BOROUGH OF WANAQUE

MAKING APPLICATION TO THE LOCAL FINANCE BOARD

PURSUANT TO N.J.S.A. 40A:2-26(e) et seq.

 

            WHEREAS, the Borough of Wanaque desires to make application to the Local Finance Board for its review and/or approval of nonconforming bond principal payments; and

            WHEREAS, the Borough of Wanaque believes:

            a.     it is in the public interest to accomplish such purpose;

            b.    said purpose or improvements are for the health, welfare, convenience or betterment of the inhabitants of the local unit or units;

            c.     the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;

            d.    the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;

            NOW, THEREFORE, BE IT RESOLVED by the Borough Council as follows:

            Section 1.  The application to the Local Finance Board is hereby approved, and the Bond Counsel, and Financial Advisor, along with other representatives of the Borough of Wanaque, are hereby authorized to prepare such application and to represent the Borough of Wanaque in matters pertaining thereto.

            Section 2.  The Clerk of the Borough of Wanaque is hereby directed to prepare and file a copy of the proposed financing with the Local Finance Board as part of such application.

 

 

            Section 3.  The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and approval as provided by the applicable New Jersey Statute.

 

Recorded Vote

     AYE                                                NO            ABSTAIN            ABSENT

Councilman Fiorito                             NONE             NONE                 NONE

Councilman Mahler

Councilman O’Connell

Councilman Pasquariello

Councilman Pettet

Councilman Theoharous

 

The foregoing is a true copy of a resolution adopted by the Borough Council of the Borough of Wanaque on December 11, 2006.

           

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

 

   Resolution #186-0-06:

     Re:  Emergency Parking Regulations – Decker Road and Bergen Avenue

 

            On entertainment of the Mayor, Councilmen O’Connell and Mahler moved that,

 

WHEREAS, the Borough of Wanaque has reconstructed Decker Road and a portion of Bergen Avenue with a wide width to allow on-street parking; and

            WHEREAS, Chapter 108-4 and 108-25 prohibit overnight parking on these streets from December 1 to March 1; and

            WHEREAS, the Borough wishes to exempt these streets from the provisions of Chapter 108-4 and 108-25 of the Wanaque Code; and

            WHEREAS, N.J.S.A. 39:4-197.3 allows the Governing Body by resolution to adopt special traffic regulations for a period of not to exceed three months.

            NOW, THEREFORE, BE IT RESOLVED that the provisions of Chapter 108-4 and 108-25 of the Wanaque Borough Code shall not apply to the following streets:

 

                                    Decker Road – Entire length

                                    Bergen Avenue – From Edgar Place to Paul Place

 

            BE IT FURTHER RESOLVED that said temporary regulations shall be effective immediately for a period of ninety days; and

            BE IT FURTHER RESOLVED that a certified copy of this resolution be filed with the Commissioner of the New Jersey Department of Transportation.

 

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

 

   Resolution #188-0-06:

     Re:  Establish Wastewater Management Committee with Ringwood

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

 

WASTEWATER MANAGEMENT AGREEMENT BETWEEN THE

 BOROUGH OF WANAQUE, THE WANAQUE BOROUGH

SEWERAGE AUTHORITY AND THE BOROUGH OF RINGWOOD

           WHEREAS, the Borough of Ringwood has voted to dissolve the Wanaque Valley Regional Sewerage Commission, allowing it to merge with the Wanaque Borough Sewerage Authority (WBSA); and

           WHEREAS, there are certain agreements and understandings with the Wanaque Valley Regional Sewerage Authority which the Borough of Wanaque and the Wanaque Borough Sewerage Authority wish to continue; and

           WHEREAS, the Borough of Wanaque and the Borough of Ringwood wish to continue a relationship with regards to Wastewater Management.

           NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

1.      There is hereby established the Wanaque/Ringwood Wastewater Management Committee, consisting of the respective Mayors and Administrator/Manager of each community, two members of the Wanaque Borough Sewerage Authority and the plant manager of the Wanaque Valley Sewer Plant, for the purpose of updating the Wastewater Management Plan for both communities through December 31, 2009. The Wanaque Borough Sewerage Authority will fund all of the administrative costs of the Committee (attorney & secretary) through December 31, 2009.

2.      The Wanaque Borough Sewerage Authority will fund any Wastewater Management Plan’s submitted to the NJ DEP in 2007 through 2009 as follows:  (a) fund 100% of the cost for the Borough of Wanaque (b) fund up to $20,000 of the cost for engineering and related fees for the Boro of Ringwood.  Any costs in excess of $20,000 for the Boro of Ringwood shall be approved by Ringwood before the expense is incurred and shall be paid for by the Boro of Ringwood.

3.      The Borough of Wanaque and the Wanaque Borough Sewerage Authority agree that current litigation between Regional & Ringwood over prior wastewater management filing costs will be dismissed and Ringwood will be absolved of the liability.

4.      The Wanaque Borough Sewerage Authority will complete current wastewater management application to DEP under the same terms as paragraph 2 above.

5.      The Wanaque Borough Sewerage Authority agrees to take all sewerage from Peter Cooper School and Hewitt School through December 31, 2016 at no charge, up to a maximum of 120% of the volume by type of material received at the sewage plant in 2006 from these schools. All transportation costs are to be paid by Ringwood or the Ringwood Board of Education.

6.      The Wanaque Borough Sewerage Authority agrees that any Ringwood resident or business who is currently hooked up the WBSA lines or who hooks up in the future, will pay the same hook up fee and same annual user rates as Wanaque residents. Ringwood property owners will be allowed to connect to the sewer system in the future, as long as the line passes their property and capacity exists, and all other regulations of the NJDEP are met.

 

 

7.      The Wanaque Borough Sewerage Authority agrees to keep rates for septic haulers servicing Ringwood competitive with other receiving sewerage plants in the immediate area.

8.      The Boro of Wanaque, Boro of Ringwood and WBSA agree to allow the Township of West Milford to join the Wastewater Management Committee. The Boro of Wanaque and the WBSA agree to afford the Township of West Milford the same benefits as afford to the Boro of Ringwood under this agreement. 

9.      This agreement is contingent upon the final passage and adoption of ordinances in 2006 by the Boro of Wanaque, the Boro of Ringwood and the Township of West Milford dissolving the Wanaque Valley Regional Sewer Authority. The failure of any of the three municipalities above to pass and adopt such ordinance will void this agreement in full.

 

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

 

PUBLIC DISCUSSION:

 

            The Mayor opened the Public Discussion.

 

            Sandy Lawson, 28 Haskell Avenue, Haskell asked about Resolution #188-0-06 what is the purpose, I know it has to do with Wastewater Management Plan of the committee.

            The Borough Administrator said the committee is to join with Ringwood in continuing the wastewater management plan with Ringwood for at least the next three years as the regional has done over the years.

            Sandy Lawson said is this part of the sewer authority.

            The Borough Administrator said this is part of the dissolution of the regional sewer authority.  This committee will work together with Ringwood and West Milford if they choose to join with us and Wanaque to continue to do the wastewater management plan for the next three years.  Along with an agreement to handle some of the gray water that Ringwood is now producing that is going to the treatment plant and offering  the same benefits to West Milford.

            Sandy Lawson said the candle factory is coming down now but what approvals, Wanaque Manor property approvals, that they actually had at the time when the transfer of the development of rights occurred.

            The Borough Administrator said the original eighty six units.

            Sandy Lawson said yes.  I thought their approvals had expired.

            The Borough Administrator said there was a question as to whether or not their approvals had expired because it was granted, if my memory serves me correct and Tony correct me if I’m wrong, that approval for the eighty six units was subject to litigation and it went through the Board of Adjustment and when it goes through the Board of Adjustment the approvals run with the land.  It’s not like the Planning Board where there are certain time frames that are involved with it.  There were questions and I remember in doing the research, whether we would prevail in court and this was the way to solve that problem.

            Sandy Lawson said there was an article in the paper and it basically said they had all their approvals.  It’s a great thing you did the transfer of development rights but I just don’t think that it’s accurate to say they had all their approvals because they didn’t.  They were before the Board of Adjustment so I think its good enough to say you did the transfer of development rights which is a good thing, but again I feel it doesn’t justify the number of units in the blasting.

            The Mayor said one thing I learned the years on the Council here is when you’re given an interview you only have control of what you say.  You don’t have control of what is written in the article.  That’s all I can tell you.  When you read something in an article that doesn’t mean it was said or it was true.  It could be not quite right and that happens from time to time.

            Sandy Lawson said I just wanted to say that because I hear it and see it in print time and again that they have their approvals and it’s not quite right.  It’s not quite accurate.

            The Borough Attorney said the funny thing is they did get all their approvals in 1986.  We took a position and went to litigation with it that in fact they got their approvals from the wrong board and they were prepared and did in fact file with the appropriate board citing at least they had site plan approval.  To make a long story short the development rights, and I don’t know about development rights, but we acquired the property as you know and we also, as a result of acquiring the property acquired the sewer authority rights.  When the article said they had all their approvals they did in 1986 but they didn’t as far as we were concerned at that time with the Borough.

           

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                                                                                 $  158,370.10

 

CURRENT PRE-PAID                                                               1,715,532.89

 

WATER OPERATING                                                                    16,011.53

 

WATER OPERATING  PRE-PAID                                                  1,452.92

 

GENERAL CAPITAL                                                                        4,393.28

 

ESCROW BOOKKEEPER                                                              12,055.00

 

RECREATION TRUST FUND                                                       16,780.00

 

OTHER TRUST                                                                                     50.00

ANIMAL TRUST FUND                                                                        7.80

 

PUBLIC ASSISTANCE                                                                    7,023.00

 

UNEMPLOYMENT/DISABILITY                                          ____   505.33__

                                                                   

                                                          TOTAL VOUCHERS     $1,932,181.85

 

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

APPROVED:  December 11, 2006

 

 

___________________________

               Thomas Balunis

                       Mayor

 

Payrolls:

           

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

                                    Payroll #23                p/e 11/17/06                   $203,525.51

 

                                    Payroll #24                p/e 12/01/06                 _$196,336.96_

                                   

                                                                           Payroll Total              $399,862.47

 

                                                                     GRAND TOTAL          $2,332,044.32

 

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

APPROVED:  December 11, 2006

 

________________________________

                   Thomas Balunis

                           Mayor

 

                                                                                                                                                                                                                                                                                                               

ADJOURNMENT:

 

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

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 8:20P.M.

 

 

_________________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk