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
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
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
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
(
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
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,
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,
$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,
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
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,
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&
-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,
$2,209.20
WHEREAS, there exists a tax overpayment on the property listed herein:
BLOCK
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
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.,
2) Ringwood Towing LLC, 89
3) Roberto’s Auto Body,
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,
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
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #179-0-06:
Re: Withdrawing from
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
On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that,
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
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 –
On entertainment of the Mayor, Councilmen O’Connell and Mahler moved that,
WHEREAS, the Borough of Wanaque has
reconstructed
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
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
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
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
On roll call, all voted yes, and the Mayor declared the motion carried.
PUBLIC DISCUSSION:
The Mayor opened the Public Discussion.
Sandy Lawson,
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
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