A Business Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, July 10, 2006, at 7:30 P.M. in the Wanaque Municipal Building.

 

The Mayor called the meeting to order.

 

            On roll call, the following Council Members responded: Mahler, O’Connell, Pettet and Theoharous.  Councilmen Fiorito and Pasquariello were absent.  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 May 11, 2006 stating therein that this meeting would be held on Monday, July 10, 2006 at the time of 7:30 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 May 11, 2006 and a copy is on file in the office of the Municipal Clerk.

 

MINUTES:

 

Business Meeting of June 12, 2006 and Special Meeting of June 26, 2006.

 

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 Pettet who abstained on June 26th and Councilman Theoharous who abstained and the Mayor declared the motion carried.

 

COMMITTEE REPORTS:

 

   Councilman Mahler:

 

            Councilman Mahler reported Wanaque Borough Sewerage Authority, West Milford and Ringwood to adopt Ordinances regarding Ordinance #15-0-06.  Bob Benecke, Economic Developer – Resolution #122-0-06 South of Doty Road the Planning Board to conduct study.

 

   Councilman O’Connell:

 

            Councilman O’Connell reported the Planning Board Meeting for July 20th has been rescheduled to Tuesday, July 25th.

 

   Councilman Pettet:

 

            Councilman Pettet reported that the search for a new Superintendent of Schools has been ongoing and they narrowed it to three candidates.

 

   Councilman Theoharous:

 

            Councilman Theoharous reported the Board of Health met and there is not much else going on.

 

PROFESSIONAL REPORTS/RESOLUTION REVIEW:

 

            The Borough Administrator reported there are a lot of people signed up for the Back Beach camp.  The softball fields are doing well.  Officer Cappello is coming back August 1st and he needs to catch up on training.  Cameras are being installed today in the police cars and training and use will begin next month.  Radios are getting installed.  Went over Ordinances and Resolutions on the agenda.  Met with Holiday Inn applicants and are getting close to starting.  They need final approval from the County Planning Board.  The Road program will have for August.

 

            The Borough Attorney reported on the list of tax delinquents – letters were sent out.  Received communication from the Attorney for U.S. Aluminum.  The Sassafras property must post a letter of credit and a policy for insurance.

 

            The Borough Engineer reported on the Road Program for Bergen Avenue.

 

ORDINANCES:

 

   Public Hearing of Ord. #13-0-06:

     Re:  Amend Chapter 108 Vehicles and Traffic – Prohibit Low Speed Vehicles

 

            On entertainment of the Mayor, Councilmen O’Connell and Mahler moved a motion that Ordinance #13-0-06 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

AMENDING CHAPTER 108 (VEHICLES & TRAFFIC) OF THE CODE OF THE BOROUGH OF WANAQUE TO PROHIBIT LOW SPEED VEHICLES.

 

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 AMENDING

CHAPTER 108 (VEHICLES & TRAFFIC) OF THE CODE OF THE BOROUGH OF WANAQUE TO PROHIBIT LOW SPEED VEHICLES pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and

BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

 

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

 

   Public Hearing of Ord. #14-0-06:

     Re:  East Belmont Avenue Bridge (Table)

 

            On entertainment of the Mayor, Councilmen Mahler and Theoharous moved a motion to table Ordinance #14-0-06.

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

 

   Public Hearing of Ord. #15-0-06:

     Re:  Dissolution of Wanaque Valley Regional Sewerage Authority

 

            On entertainment of the Mayor, Councilmen Mahler and Theoharous moved a motion that Ordinance #15-0-06 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 DISSOLVING THE WANAQUE VALLEY REGIONAL

SEWERAGE AUTHORITY, COUNTY OF PASSAIC, STATE OF NEW

JERSEY.

 

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.

 

John Maiello, 26 Rhinesmith Avenue, Wanaque asked if by eliminating the sewer authority will it help with lowering the fees.

Councilman Mahler said hopefully it will.  Combining the two authorities will save money.  Other towns are not really interested in having it.

John Maiello asked if the criteria and rules are applicable to the town.

Councilman Mahler

  

The Mayor closed the Public Hearing.

 

Councilmen Mahler and Theoharous moved that,

 

            BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE

DISSOLVING THE WANAQUE VALLEY REGIONAL SEWERAGE

AUTHORITY, COUNTY OF PASSAIC, STATE OF NEW JERSEY 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. #16-0-06:

     Re:  Amend Developer’s Fee Ordinance

 

            On entertainment of the Mayor, Councilmen Mahler and Pettet moved a motion that Ordinance #16-0-06 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 THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 72, ENTITLED “DEVELOPMENT FEES”, TO AMEND SAID FEES

 

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.

 

John Maiello, 26 Rhinesmith Avenue, Wanaque asked if have a house to develop do I pay the one percent.

The Borough Administrator said it is one percent of the equalized value.

 

Bruce Lyons, 84 Burnside Place, Haskell spoke about the sidewalks on Second Avenue.

 

The Mayor said this is the public hearing on Ordinance #16-0-06 only not the public discussion.

 

The Mayor closed the Public Hearing.

 

Councilmen Mahler and Theoharous moved that,

 

            BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 72, ENTITLED “DEVELOPMENT FEES”, TO AMEND SAID FEES 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. #17-0-06:

     Re:  Dupont Avenue - Easement

 

            The Borough Attorney said Mr. George Struble is here tonight and he was instrumental in getting this issue resolved.

 

            On entertainment of the Mayor, Councilmen O’Connell and Theoharous moved a motion that Ordinance #17-0-06 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 GRANTING AN EASEMENT OF A PORTION WANAQUE

BOROUGH PROPERTY KNOWN AS LOT 7 BLOCK 402.

 

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 Theoharous moved that,

 

            BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE

GRANTING AN EASEMENT OF A PORTION WANAQUE BOROUGH

PROPERTY KNOWN AS LOT 7 BLOCK 402 pass final reading and

that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and

BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.

 

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

           

   Introduction of Ord. #18-0-06:

     Re:  Amend Chapter 108 – No Parking – Portion of Second Avenue

 

            On entertainment of the Mayor, Councilmen Theoharous and Mahler moved that Ordinance #18-0-06 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

The Clerk took from the table and read by title only as follows:  AN ORDINANCE TO

AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER  108 “VEHICLES

AND TRAFFIC” TO AMEND SECTION 108-14, SCHEDULE I TO PROHIBIT

 PARKING ON A PORTION OF SECOND AVENUE.

 

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

 

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE TO

AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER  108 “VEHICLES

AND TRAFFIC” TO AMEND SECTION 108-14, SCHEDULE I TO PROHIBIT

 PARKING ON A PORTION OF SECOND AVENUE pass first reading, and that said Ordinance be further considered for final passage and adoption at a Meeting of the Borough Council to be held on the 14th day of August 2006, at the Municipal Building in the Borough of Wanaque at 7:30 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and

BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

 

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

 

   Introduction of Ord. #19-0-06:

     Re:  Amending Ordinance #2-0-06 Establishing a Redevelopment Plan and designating

             the Council of the Borough of Wanaque to act as the Redevelopment entity for the

             Ringwood Avenue mixed use Redevelopment project

 

            On entertainment of the Mayor, Councilmen Mahler and Theoharous moved that Ordinance #19-0-06 be taken from the table and read by the Clerk, by title only, for consideration of first reading.

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

 

The Clerk took from the table and read by title only as follows:  AN

ORDINANCE DISSOLVING THE WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY, COUNTY OF PASSAIC, STATE OF NEW JERSEY.

 

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

 

BE IT RESOLVED that an Ordinance entitled:  AN ORDINANCE

DISSOLVING THE WANAQUE VALLEY REGIONAL SEWERAGE AUTHORITY, COUNTY OF PASSAIC, STATE OF NEW JERSEY pass first reading, and that said Ordinance be further considered for final passage and adoption at a Meeting of the Borough Council to be held on the 10th day of July 2006, at the Municipal Building in the Borough of Wanaque at 7:30 P.M., and that at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance; and

BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.

 

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

 

PUBLIC DISCUSSION:

 

            The Mayor opened the Public Discussion.

 

            Kenneth Ambruster, 6 Gardella Place, Haskell spoke about the garbage constantly being missed and the contractor not doing a good job.

 

            John Maiello, 26 Rhinesmith Avenue, Wanaque spoke about the redevelopment property on Ringwood Avenue where the school building was.

            The Borough Administrator said we gave him feedback and we’re waiting to hear from him.  He did get the Highlands exemption.

 

            Bob Ferdon, 34 Fredericks Street, Wanaque asked what is going on with property maintenance at the old school property.

            The Borough Administrator said the owner has been contacted to take care of the property.

 

            Bruce Lyons, 84 Burnside Place, Haskell spoke about the sidewalks on Second Avenue.

            The Borough Administrator said put in an application about two years ago for safe sidewalks and to create safe walking path for school children and residents to the businesses in town.

            Bruce Lyons asked if approval has been given for the tennis courts at Back Beach to be resurfaced.

            The Borough Administrator said there is an agreement with the developer to resurface them.

            Bruce Lyons said the bridge on Doty Road looks weak.

            The Borough Administrator said the dam and the area has to be studied.

 

            The Mayor closed the Public Discussion.          

 

CONSENT AGENDA:

 

   Membership Application for the Fire Department:

     Re:  Kevin Caddell – Company #2 effective immediately

 

   Resolution #114-0-06:

     Re:  Redemption of Tax Sale Certificate #06-00166 for Block 444, Lot 14 in the amount of

             $707.54

 

 

WHEREAS, a Tax Sale was held for 2005 delinquent Municipal charges on May 23, 2006, and

WHEREAS, Dennis Moeller was the successful bidder for Block 444 Lot 14 for which Tax Sale Certificate #06-00166 was assigned, and

 

WHEREAS, the property owner has redeemed said certificate of which funds have been deposited into the Current Account.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund to the lien holder the amount of $707.54 as per the certification of the Tax Collector.

 

   Resolution #115-0-06:

     Re:  Agreement – Valley Workplace Connection – Alcohol and Drug Testing

 

BE IT RESOLVED that the Borough Administrator is authorized to execute an agreement with Valley Workplace Connection, 15 Essex Road, 5th Floor, Paramus, N.J. for alcohol and drug testing; and

            BE IT FURTHER RESOLVED that this agreement does not exceed $17,500 and is not subject to "Pay to Play" requirements.

 

   Resolution #116-0-06:

     Re:  Support A-2660 – Limits Punitive Awards

 

RESOLUTION SUPPORTING NEW JERSEY STATE ASSEMBLY BILL 2660

TO LIMIT AWARDS OF PUNITIVE DAMAGES AGAINST LOCAL GOVERNMENT UNITS IN CERTAIN CASES

 

            WHEREAS, the Borough of Wanaque is a member of the New Jersey Intergovernmental Insurance Fund, a New Jersey joint insurance fund (J.I.F.) comprised of almost forty local government units including municipalities boards of education and a municipal authority that have joined together for the purpose of insuring themselves against a variety of potential municipal liabilities and to acquire workman's compensation insurance; and

WHEREAS, the New Jersey Intergovernmental Insurance Fund supports Assembly Bill 2660, which if enacted is intended to eliminate the award of punitive damages against municipalities and boards of education and their employees that are acting within the scope or under color of their office, employment or agency; and 

            WHEREAS, this bill will clarify the Legislature's position on the issue of punitive damages against local government units and guide future court decisions when ruling on the availability of such awards; and

            WHEREAS, punitive damage awards truly damage the taxpayers of a local government unit, not the intended target of the award, and therefore do not achieve the rehabilitative behavior modifying goals that are the normal justification for such awards.

            NOW, THEREFORE, IT IS RESOLVED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF WANAQUE THAT:

           

 

 

The Mayor and Council of the Borough of Wanaque desires to be on record in supporting the New Jersey Intergovernmental Insurance Fund and desires to notify its elected representatives in the New Jersey Legislature of its support of Assembly Bill 2660 and any necessary companion legislation that needs to be adopted in the New Jersey Senate to protect the municipal taxpayers of the State of New Jersey from punitive awards.

 

            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 July 2006    NONE.

                                               

4.   Municipal Court Report for July 2006    NONE.

                                                                                                     

5.   Welfare Report for July 2006  -  NONE.

 

On entertainment of the Mayor, Councilmen Mahler and O'Connell 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

                                                                                                                                                                                                                                                                                              

COMMUNICATIONS:   None.

 

NEW BUSINESS:

 

   Letter from Frank Messina:

     Re:  Refund of $3.00 for a Street Map

 

   Letter of Resignation from Dawn Quigley – Special Police Officer effective immediately

 

            Received and filed.

 

   Remove Robert Leto as a Part-Time Communications Operator effective immediately

 

            Received and filed.

 

 

   Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

            Held to the end of the meeting.

 

UNFINISHED BUSINESS:

 

   Application for a Person to Person Liquor License Transfer:

     Re:  Plenary Retail Consumption License #1613-33-002-001 from the Gramlich Corporation

            to Sal F. Falciglia – Resolution #111-0-06

 

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

 

WHEREAS, an application has been filed for a person to person transfer of Plenary Retail Consumption License #1613-33-002-001 heretofore issued to The Gramlich Corporation for premises located at 750 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 July 10, 2006, the transfer of the aforesaid Plenary Retail Consumption License to Sal F. Falciglia 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 Sal F. Falciglia effective July 10, 2006.

 

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

 

RESOLUTIONS:

 

   Resolution #117-0-06:

     Re:  Authorize the filing of the 2007 Municipal Alliance Grant Application

 

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

 

BE IT RESOLVED that the Mayor be and he is hereby authorized to execute the 2007 Municipal Alliance Grant Application for A.W.A.R.E. A.S.A.P.

 

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

 

 

 

   Resolution #118-0-06:

     Re:  Authorize the Mayor to execute the Municipal Alliance Agreement for A.W.A.R.E.

             A.S.A.P. for the year 2007

 

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

 

BE IT RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize the filing of the 2007 Municipal Alliance Grant Application; and

            BE IT FURTHER RESOLVED that the Borough of Wanaque will adhere to all conditions and obligations as sub-grantee to the State of New Jersey and the County of Passaic as set forth in the Letter of Agreement between the Governor’s Council on Alcoholism and Drug Abuse and Passaic County, for the grant administration of the 2006 Alliance to Prevent Alcoholism and Drug Abuse, for a grant amount of $56,400 and cash amount of $14,100; and

            BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk be and are hereby authorized to execute the proposed application;

            BE IT FURTHER RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize that the Membership of AWARE will consist of the person’s names listed on Exhibit A, attached to this Resolution; and

            BE IT FURTHER RESOLVED that this group shall serve as the Alliance of the above said municipality for a three year term in accordance with P.L. 1989, C. 51 and the Guidelines of the Passaic County Municipal Alliance Plan Steering Subcommittee.

 

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

 

   Resolution #119-0-06:

     Re:  Authorizing Transfer of Tax Sale Certificate 586 to U.S. Aluminum

 

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

 

WHEREAS, the Borough of Wanaque holds Certificate of Tax Sale 586, with respect to property known and identified on the Borough Tax Map as Block 435, Lot 5.01, on which is due and owing the sum of $33,047.62, as of July 10, 2006; and

            WHEREAS, U.S. Aluminum, holder and owner of Tax Sale No. 517, in the aforesaid Block 435 Lot 5.01, the amount necessary to redeem the same being $1,292.42 as of July 10, 2006; and          

            WHEREAS, U.S. Aluminum is in the process of foreclosing on its certificate of tax sale, and desires to redeem Certificate 586; and

            WHEREAS, U.S. Aluminum desires, further, to secure a transfer of the Wanaque Borough owned Certificate 586 on which there is due and owing the redemption sum of $33,047.62; and

            WHEREAS, for U.S. Aluminum to proceed with its foreclosure, it is necessary to redeem the said certificate; and

            WHEREAS, it is deemed to be in the best interests of the Borough of Wanaque to collect taxes due and owing, on Block 435 Lot 5.01 on tax certificate 586;

            NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC, and STATE OF NEW JERSEY, as follows:

 

1.      The Borough of Wanaque is hereby authorized to redeem Certificate of Tax Sale 517, with respect to Block 435, Lot 5.01, as identified on the Borough of Wanaque Tax Map in the amount of $1,292.42, with interest calculated to July 10, 2006, together with such accrued interest and penalties as may appertain thereto, until the date of redemption.

2.      The Borough of Wanaque is hereby authorized to transfer to U.S. Aluminum, all of its right, title, and interest in Certificate of Tax Sale 586, covering the aforesaid premises, Block 435 Lot 5.01 on the Borough Tax Map to U.S. Aluminum, in consideration of the payment of $32,679.32, the same being the amount necessary to redeem the certificate effective through July 10, 2006, together with such additional interest and penalties as may accrue thereafter until the time of redemption.

3.      The said transfer is further conditioned upon payment by U.S. Aluminum to the Borough of Wanaque, the sum of $500 to defray administrative and professional costs.

4.      In consideration of the contemplated transfer, U.S. Aluminum shall pay to the Borough of Wanaque the sum of $500.00 to defray professional fees and costs.

5.      The Borough of Wanaque Administrator, Thomas F. Carroll, is hereby a uthorized to execute such documents and instruments as being necessary to effect the purposes of this resolution, subject to the review and approval by the Wanaque Borough Attorney.

 

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

 

   Resolution #120-0-06:

     Re:  Agreement – Passaic County Open Space Trust Fund Wanaque Manor Acquisition

             $150,000.00 (Boulevard Property)

 

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

 

BE IT RESOLVED that the Mayor and Borough Clerk be and are hereby authorized

and directed to execute a grant agreement with the County of Passaic for $150,000 for the Open

Space acquisition of the Wanaque Manor (Boulevard) property.

 

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

 

   Resolution #121-0-06:

     Re:  Professional Services – Community Grants and Planning – Housing Rehabilitation

             Services

 

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

 

WHEREAS, the Borough of Wanaque placed a notice on its official website on May 26, 2006 for a request for professional services for the implementation and administration of a housing rehabilitation program; and

WHEREAS, proposals were received and opened on June 19, 2006; and

            WHEREAS, one proposal was received from Community Grants and Planning for said services, which are exempt from public bidding by N.J.S.A. 40A:11-5, and this solicitation meets the requirements of the “Fair and Open” requirements of N.J.S.A. 19:44A-20.04 et. seq.;

            NOW, THEREFORE, BE IT RESOLVED that a contract be awarded to Community Grants and Planning, 569 Abbington Drive, East Windsor, NJ 08520 in the amount not to exceed $85,000; and

            BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in other Trust (Pulte) and Housing Trust Accounts; and

            BE IT FURTHER RESOLVED that the Borough Clerk be directed to publish a notice of this action in the Suburban Trends.

 

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

 

   Resolution #122-0-06:

     Re:  Direct Planning Board to conduct area in need study for certain properties along

             Ringwood Avenue (south of Doty Road), Brook Street, Coles Avenue and Doty

             Road (between Ringwood Avenue and Greenwood Avenue)

 

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

 

WHEREAS, Article VIII, Section III of the Constitution of the State of New Jersey establishes that the clearance, planning, development or redevelopment of certain areas of the State of New Jersey shall be a public purpose and further that municipal, public or private corporations may be authorized by law to undertake such development and redevelopment, and           

            WHEREAS, the Legislature of the State of New Jersey has adopted a comprehensive set of redevelopment laws, the centerpiece of which is the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.), allowing for the substantial improvement to, and turnaround of, underutilized, unused, fragmented, deteriorated and generally blighted properties through the careful design, writing, and implementation of local redevelopment plans, and  

WHEREAS, the State of New Jersey Development and Redevelopment Plan encourages smart growth principles to be observed and applied in the State, specifically in those areas either previously developed or designated for development, and

WHEREAS, among the purposes of such redevelopment plans authorizing the planning, zoning, acquisition, clearance, reconstruction, rehabilitation and redevelopment of such local areas is to promote the public health, safety, morals and welfare and to stimulate the proper growth of the Ringwood Avenue-Doty Road area of the Borough of Wanaque; and

WHEREAS, the primary goals of the Borough of Wanaque redevelopment effort is to improve the quality of life of Borough residents and improve the economic foundation of the Borough so that long term property tax stability is achieved for all Wanaque taxpayers, and 

            WHEREAS, in furtherance of the aforesaid purposes of redevelopment and to achieve the aforesaid goals, the Borough Council finds that redevelopment is desirable in the Ringwood Avenue-Doty Road area of the Borough of Wanaque, and 

WHEREAS, it appears that within this general area there exists property (land), buildings or other improvements which, by reason of faulty arrangement of design, deleterious land use, obsolescence or obsolete layout or other factors, have remained vacant, stagnant, unproductive, under-utilized and undervalued and may be detrimental to the safety, health, morals or welfare of the Borough of Wanaque,

 

 

            NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque, Passaic County, New Jersey, pursuant to N.J.S.A. 40A:12A-1et seq., that the Planning Board is hereby authorized and directed to undertake a preliminary investigation to determine whether the property in the proposed redevelopment area, a portion of Blocks 437, 436, and 448, is a redevelopment area in accordance with the criteria set forth in N.J.S.A. 40A-12A-5, and

BE IT FURTHER RESOLVED that the Planning Board shall conduct a public hearing respecting the proposed redevelopment area that being specifically, Block 436  Lots 1 through 5, Lots 7 through 13 and Lots 3.01, 4.01, 6.01, and 11.01; Block 437 Lots 1 through 11 and Lots 1.01, 1.02, and 1.04; Block 448 Lots 1 through 5, after public notice in accordance with N.J.S.A. 40A:12A-6 and, after completing its hearing and deliberation, the Wanaque Planning Board shall submit a recommendation to the Borough Council whether the delineated area, or any part thereof, be or not be determined to be a redevelopment area.

BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to engage a Professional Planning firm to assist the Planning Board in it’s deliberations on this matter, provided that said sum not exceed $17,500.

 

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

 

   Resolution #123-0-06:

     Re:  2005 Audit

 

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

 

WHEREAS, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have an annual audit of its books, accounts and financial transactions; and

WHEREAS, The Annual Report of Audit for the year 2005 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A: 5-6, and a copy has been received by each member of the Governing Body; and

WHEREAS, Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

WHEREAS, The Local Finance Board has promulgated a regulation requiring that the Governing Body of each municipality shall by Resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the Annual Audit entitled:

                                                                General Comments

                                                                Recommendations

and

WHEREAS, The members of the Governing Body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

                                                                General Comments

                                                                Recommendations

 

as evidenced by the group affidavit form of the Governing Body; and

WHEREAS, Such Resolution of certification shall be adopted by Governing Body no later than forty-five days after receipt of the Annual Audit, as per the regulations of the Local Finance Board; and

WHEREAS, All members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52 - to wit:

R.S. 52:27BB-52 - “A local officer or member of a local Governing Body who, after a date fixed for compliance fails or refuses to obey an order of the Director of Local Government Services, under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than on thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.”

NOW, THEREFORE, BE IT RESOLVED, That the Governing Body of the Borough of Wanaque, hereby states that it has compiled with the promulgation of the Local Finance board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON July 10, 2006.

 

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

 

   Resolution #124-0-06:

     Re:  Add Lot Redevelopment Plan – Ringwood Avenue

 

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

 

            WHEREAS the Borough Council has declared the Ringwood Avenue area (north of Doty Road) 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 “contract” owner of the property lying in the redevelopment area, Bald Eagle Suites Inc. (Sal Falciglia, Principal) was initially designated by the Borough Council as the Redeveloper, and for purposes of completing this project has renamed their firm (or development company) Bald Eagle Urban Renewal at Wanaque LLC, 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 Bald Eagle Urban Renewal at Wanaque, LLC having offices at 179 Cahill Road, Suite 311, West Milford, New Jersey as the redeveloper of the Ringwood Avenue Mixed-Use Redevelopment Project,

           

 

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, Bald Eagle Urban Renewal at Wanaque, 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 Bald Eagle Urban Renewal at Wanaque LLC may-for

the purpose of completing this project-change its name to another redevelopment company provided that full disclosure, including notification to the Borough Administrator is made.

 

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

 

PUBLIC DISCUSSION:

 

            The Mayor opened the Public Discussion.

 

            John Maiello, 26 Rhinesmith Avenue, Wanaque asked about Resolution #121-0-06.

            The Borough Administrator said that is for the housing rehabilitation for Pulte to fund twenty units in the Borough.

            John Maiello said the money stays in town.

 

            Eve Tomczak, 55 Skyline Drive, Ringwood asked how far is the Candle Factory project.

            The Borough Administrator said the DEP is looking into it.

            Eve Tomczak asked if asbestos was found.

            The Borough Administrator said there was a minimum amount found and they need a state removal permit.

            Eve Tomczak asked how much of a small amount is it.

            The Mayor said don’t remember off hand but it was mentioned at the last planning board meeting.

 

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                                                2005                           $      183.56

 

CURRENT                                                                                    141,782.01

 

CURRENT PRE-PAID                                                                 151,071.74

 

WATER OPERATING                                                                   23,504.01

 

WATER OPERATING  PRE-PAID                                               32,512.13   

 

WATER CAPITAL                                                                           1,434.38

 

GENERAL CAPITAL                                                                     32,399.18

 

ESCROW BOOKKEEPER                                                             12,850.31

 

ESCROW PREPAID                                                                         8,551.80

 

RECREATION TRUST FUND                                                        4,005.00

 

ANIMAL TRUST FUND                                                                       60.00

 

PUBLIC ASSISTANCE                                                            ___10,594.00__

                                                         

                                                          TOTAL VOUCHERS        $418,848.12

 

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

APPROVED:  July 10, 2006

 

___________________________

              Thomas Balunis

                     Mayor

 

Payrolls:

           

            Councilmen Mahler and Pettet moved a resolution approving the following payrolls:

 

                                    Payroll #12             p/e 06/16/06                  $182,010.45

 

                                    Payroll #13             p/e 06/30/06                 _ 181,242.96_

 

                                                                           Payroll Total          $362,500.40

 

                                                                        GRAND TOTAL      $781,348.52

 

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

APPROVED:  July 10, 2006

 

 

_______________________________                                                                 

                  Thomas Balunis                                                

                          Mayor           

           

NEW BUSINESS:

 

   Closed Session:

     Re:  Litigation/Negotiation/Personnel

 

            On entertainment of the Mayor, Councilmen Theoharous and Pettet 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)      Contract 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.

 

ADJOURNMENT:

 

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

On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 8:35 P.M.

 

____________________________

Katherine J. Falone, RMC, CMC

Municipal Clerk