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
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,
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
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
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:
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
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
SEWERAGE AUTHORITY,
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,
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
AUTHORITY,
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,
The Borough Administrator said it is one percent of the equalized value.
Bruce
Lyons,
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:
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
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
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
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
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,
John Maiello,
The Borough Administrator said we
gave him feedback and we’re waiting to hear from him. He did get the
Bob Ferdon,
The Borough Administrator said the owner has been contacted to take care of the property.
Bruce Lyons,
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
The Borough Administrator said there is an agreement with the developer to resurface them.
Bruce Lyons said the bridge on
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
$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
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
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
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
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #119-0-06:
Re:
Authorizing Transfer of Tax
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,
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 –
$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
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
Road (between
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
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
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
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,
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,
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,
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