June 12, 2006
A Business
Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday,
June 12, 2006, at 7:30 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. Councilman Theoharous was 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, June 12, 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:
Regular Meeting of May 8, 2006.
On entertainment of the Mayor, Councilmen Mahler and Fiorito moved a motion to approve the aforementioned Minutes.
On roll call, all voted yes, except Councilman O’Connell who abstained and the Mayor declared the motion carried.
PUBLIC HEARING:
Golden Age Club Lease – Resolution #99-0-06 – Release of Restriction – Golden Age
Club:
The Mayor opened the Public Hearing.
Grace Maiello,
The Borough Administrator said the egress and ingress on the Mazzola property not leasing the property to the homeowner.
The Borough Attorney said the public hearing is to waive the reversion.
The Mayor closed the Public Hearing.
On entertainment of the Mayor, Councilmen Pettet and Mahler moved that,
WHEREAS, on November 10, 1983, the Borough of Wanaque, conveyed to the Borough of Wanaque Golden Agers, property known and identified as Block 236, Lot 17, on the Borough of Wanaque Tax Map; and
WHEREAS, the Borough of Wanaque Golden Agers, did in consequence of such transfer, construct a building and facility, for the use of senior citizens from the Borough of Wanaque and surrounding communities; and,
WHEREAS, the aforesaid conveyance, contained a provision, in accordance with N.J.S.A 40A:12-21 providing that the said land and buildings not be used for any commercial business but solely for the purposes of the said Borough of Wanaque Golden Agers and further providing that if the said lands and buildings were not so used that title to the property, would revert to the Borough of Wanaque and;
WHEREAS, the Borough of Wanaque Golden Agers, have negotiated an Agreement with Robert J. Mazzola and Nancy Mazzola involving a lease for parking purposes in consideration for the payment of the sum of $1.00; and
WHEREAS, N.J.S.A. 40:60-51.5 empowers the Borough of Wanaque, to waive, release or modify any conditioners or reverters imposed in the sale and conveyance of the premises aforesaid if the same accomplishes the purposes for which such land was transferred; and
WHEREAS, the Borough of Wanaque believes that it is in the best interests of the Borough of Wanaque, Borough of Wanaque Golden Agers, to modify the aforesaid Deed Restriction, and the conditions and reverters contained therein, so as to accomplish the contemplated project.
NOW,
THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque of
the
1. The Borough of Wanaque hereby modifies, waives and releases the conditions, and reverter, contained in Deed executed by the Borough of Wanaque as Grantor, to the Borough of Wanaque Golden Agers, as Grantee, dated November 10, 1983, and recorded in the Passaic County Registrar’s Office, on December 9, 1983 in Deed Book 111, Page 481 et seq. Said premises, being known and designated as Block 236, Lot 17, on the Borough of Wanaque Tax Map.
2. The purpose for the modification and waiver of reverter, is to enable the Borough of Wanaque Golden Agers to enter into a lease agreement with Robert J. Mazzola and Nancy M. Mazzola to enter into and to negotiate for parking purposes.
3. A public hearing shall be scheduled as provided by N.J.S.A 40:60-51.2 and the notice of the same, describing the aforesaid property and the conditions and reverter to be waived to be advertised prior to such public meeting, once each week for two weeks, in the Borough of Wanaque official newspaper.
4. This resolution and in intended course of action is deemed to be in the best interests of the residents of the Borough of Wanaque.
On roll call, all voted yes, and the Mayor declared the motion carried.
PRESENTATION:
Bruce Gallagher – Boy Scouts of
The
Mayor presented a plaque to Bruce Gallagher.
Councilman Fiorito spoke about how Bruce helps all organization with
fundraising in town.
ORDINANCES:
Public Hearing of Ord. #11-0-06:
Re:
Accept donation of property, Block 444, Lot
On entertainment of the Mayor, Councilmen O’Connell and Fiorito moved a motion that Ordinance #11-0-06 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 AUTHORIZING ACQUISITION OF BLOCK 444 LOT 9, BOROUGH OF WANAQUE.
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 Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AUTHORIZING ACQUISITION OF BLOCK 444 LOT 9, BOROUGH OF WANAQUE 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. #12-0-06:
Re: Financial Ordinance – Bald Eagle Suites
On entertainment of the Mayor, Councilmen Mahler and Fiorito moved a motion that Ordinance #12-0-06 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 APPROVING A FIFTEEN YEAR PAYMENT IN LIEU OF TAXES PROGRAM FOR THE RINGWOOD AVENUE MIXED USE REDEVELOPMENT PROJECT TO BE CONSTRUCTED IN THE BOROUGH OF WANAQUE BY BALD EAGLE COMMONS, LLC OR A SUBSTITUTE URBAN RENEWAL, LLC, AN URBAN RENEWAL ENTITY, PURSUANT TO THE LONG TERM TAX EXEMPTION LAW N.J.S.A. 40A:20-1 ET SEQ.
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 Mahler and O’Connell moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROVING A FIFTEEN YEAR PAYMENT IN LIEU OF TAXES PROGRAM FOR THE RINGWOOD AVENUE MIXED USE REDEVELOPMENT PROJECT TO BE CONSTRUCTED IN THE BOROUGH OF WANAQUE BY BALD EAGLE COMMONS, LLC OR A SUBSTITUTE URBAN RENEWAL, LLC, AN URBAN RENEWAL ENTITY, PURSUANT TO THE LONG TERM TAX EXEMPTION LAW N.J.S.A. 40A:20-1 ET SEQ.
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. #13-0-06:
Re:
Amend Chapter 108 Vehicles and Traffic – Prohibit Low Speed Vehicles
On entertainment of the Mayor, Councilmen Pettet and O’Connell moved that Ordinance #13-0-06 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 AMENDING CHAPTER 108 (VEHICLES & TRAFFIC) OF THE CODE OF THE BOROUGH OF WANAQUE TO PROHIBIT LOW SPEED VEHICLES
On entertainment of the Mayor, Councilmen Pettet and O’Connell 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 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.
Introduction of Ord. #14-0-06:
Re:
On entertainment of the Mayor, Councilmen O’Connell and Mahler moved that Ordinance #14-0-06 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
On entertainment of the Mayor, Councilmen O’Connell and Mahler moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE
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.
Introduction of Ord. #15-0-06:
Re:
Dissolution of
On entertainment of the Mayor, Councilmen Mahler and O’Connell moved that Ordinance #15-0-06 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.
Introduction of Ord. #16-0-06:
Re:
Amend Developer’s Fee Ordinance
On entertainment of the Mayor, Councilmen Mahler and O’Connell moved that Ordinance #16-0-06 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 72, ENTITLED “DEVELOPMENT FEES”, TO AMEND SAID FEES.
On entertainment of the Mayor, Councilmen Mahler and O’Connell 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 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.
Introduction of Ord. #17-0-06:
Re:
On entertainment of the Mayor, Councilmen O’Connell and Mahler moved that Ordinance #17-0-06 be taken from the table and read by the Clerk, by title only, for consideration of first reading.
On roll call, all voted yes, except Councilman Pasquariello who abstained 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
On entertainment of the Mayor, Councilmen Mahler and O’Connell 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 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, except Councilman Pasquariello who abstained and the Mayor declared the motion carried.
COMMITTEE
REPORTS:
Councilman Fiorito:
Councilman Fiorito reported on the Welfare Meeting. Mickey Mantle baseball started and little league had the all stars.
Councilman Mahler:
Councilman Mahler reported on
Ordinance 15-0-06 has been going on for a while –
Councilman O’Connell:
Councilman O’Connell reported on the
sweeper is not working and a truck is broken down. The road department is working on it. The planning board has preliminary approval
for the Candle Factory and the area south of
Councilman Pasquariello:
Councilman Pasquariello reported we’re still trying to reach the claims adjuster for the roof damage at the First Aid Squad. The FOP Golf outing was successful. The computers are working well in the police cars.
Councilman Pettet:
Councilman Pettet reported the Superintendent of Schools is leaving and they are beginning a search for a new Superintendent.
PROFESSIONAL
REPORTS/RESOLUTION REVIEW:
Administrator:
The Borough Administrator reported
the Holiday Inn resolution is on the agenda for approval. The Wanaque Reserve received approval for
three more buildings to open. A traffic
officer is to remain from 6:30 A.M. to 9:30 A.M. Hopefully by November the traffic light will
be in. There is an easement and the
poles being moved are being delayed by Verizon.
They have about three to four months of work. The local and regional sewer authority are
moving along with water. Boards are
getting people to come prepared for the meeting.
Attorney:
The Borough Attorney reported on the Holiday Inn project. Met with Mr. Patel and they are anxious to get started. When it comes before the Council recommend approval.
Engineer:
The Engineer said I have no report.
PUBLIC DISCUSSION:
The Mayor opened the Public Discussion.
John Maiello,
The Borough Administrator said the Candle Factory is paying more than Bald Eagle.
John Maiello,
The Borough Administrator said there is a resolution on the agenda.
Councilman Mahler spoke about the contract being five years $103,000.00 and the percent is 4.3, 4.3 4.5 same as the police.
Sandy Lawson,
The Borough Administrator said it has to be filed by July.
Sandy Lawson what is the obligation.
The Borough Administrator said every
so many units build – address Pulte units – don't know how
Sandy Lawson said what is the status
of
The Borough Attorney said received from the tax collector property of tax status got letters to pay or hear from them.
Sandy Lawson said what is the Borough intending to do.
The Borough Attorney said hold the Tax Sale Certificates which get eighteen percent. Kara/Mountain Lakes secure title to the properties and hopefully pay.
The Borough Administrator said if we take title to property don't think it will get there. Phase two and three will not be built. Denied on Phase one already.
Bonnie and Cheryl Davis,
The Borough Administrator said they marked out where the bubbles came up and it seems to be where the problem is. They are checking to see what other work has been done in the area to maybe be related to the flooding. It has been too wet to get in with the machinery to try to find the drainage problem. It is marked out and they are waiting for dry days. Will give you a call when the work is going to take place.
Bonnie and Cheryl Davis said approximately when would the work be done.
The Borough Administrator said probably Wednesday or Thursday.
Bonnie and Cheryl Davis said we are water proofing the house and need to hook in to the drain.
Councilman Pasquariello said on May
11th there was a chemical spill at the North Jersey District Water
Supply Commission facility on
The Mayor closed the Public Discussion.
CONSENT
AGENDA:
Two (2) Applications for Raffle Licenses:
Re:
1) Saint Francis of
Two (2) Membership Applications for the Fire Department:
Re: 1) Daniel Hart – Company #2 and 2) Michael Hart – Company #2 effective
immediately
Resolution #93-0-06:
Re:
Refund of Tax overpayments on Block 414,
WHEREAS, there exist tax overpayments on the properties listed herein:
BLOCK
414 7 1164.02
WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $1164.02 as per the certification of the Tax Collector.
Resolution #94-0-06:
Re:
Redemption of Tax
of $6,592.85
WHEREAS, a Tax Sale was held for 2005 delinquent Municipal charges on May 23, 2006, and
WHEREAS, Elliot Loeb was the successful bidder for Block 243 Lot 8 for which Tax Sale Certificate #06-00158 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 $6,592.85 as per the certification of the Tax Collector.
Resolution #95-0-06:
Re:
Redemption of Tax
amount of $171.41
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 275 Lot 27 for which Tax Sale Certificate #06-00162 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 $171.41 as per the certification of the Tax Collector.
Resolution #96-0-06:
Re:
Remove from Tax
WHEREAS, an error in the reporting of outstanding balances by a title company concerning the Special Assessment of Block 458, Lot 8 and, these balances still exist
NOW, THEREFORE, BE IT
RESOLVED that Block 458,
Resolution #97-0-06:
Re: Cancel Water billing on account #3500-2 in the amount of $4,066.90
WHEREAS, an error existed in the meter readings of water account 3500-2 that has lead to a billing of $4,066.90;
NOW, THEREFORE, BE IT RESOLVED that the billing of $4,066.90 be cancelled.
Resolution #98-0-06:
Re:
Correction of Tax
WHEREAS, an error has been found in the name of the certificate holder of tax sale certificate 06-00160, Block 258, Lot 2 in the amount of $9119.23 and 06-00168, Block 448, Lot 16 in the amount of $56,291.60 due to a computer error;
NOW, THEREFORE, BE IT RESOLVED that the Tax Collector reissue tax sale certificates 06-00160 and 06-00168 to Wachovia-Cust/Sass Muni V dtr.
Resolution #100-0-06:
Re: Special Item of Revenue - Clean Communities Grant
WHEREAS, N.J.S.A. 40:A: 4-87 provides that the Director of Division of Local Government Services may approve the insertion of any insertion of any Special Item of Revenue in the Budget when such item shall have been made available by law and the amount thereof was not determined at the time of adoption of the Budget; and
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount.
NOW, THEREFORE, BE IT RESOLVED that the Borough of Wanaque, in the County of Passaic, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an Item of Revenue in the Budget for the year 2006 in the sum of $7,902.94.
BE IT FURTHER RESOLVED that a sum of $7,902.94 is hereby appropriated under the caption of:
CLEAN COMMUNITIES GRANT $7,902.94
BE IT FURTHER RESOLVED, that the Municipal Clerk forward two certified copies of this Resolution to the Director of the Division of Local Government Services.
Resolution #101-0-06:
Re: COAH – Commit to Third Round Petition
RESOLUTION REQUESTING TO REMAIN UNDER THE JURISDICTION OF
COAH ON AFFORDABLE HOUSING AND COMMITTING TO PETITION WITH A THIRD ROUND
AFFORDABLE
WHEREAS, Wanaque petitioned COAH on Affordable Housing (COAH) for substantive certification of a second round Housing Element and Fair Share Plan on December 16, 1996 and September 13, 1999; and
WHEREAS, Wanaque was granted substantive certification of its second round Housing Element and Fair Share Plan by COAH on October 3, 2001, which is valid until October 3, 2007; and
WHEREAS, COAH adopted N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et seq., which went into effect on December 20, 2004; and
WHEREAS, COAH adopted amendments to N.J.A.C. 5:94 et. seq. and N.J.A.C. 5:95 et seq., which went into effect on May 15, 2006; and
WHEREAS, pursuant to N.J.A.C. 5:95-15.3, a municipality that has received second round substantive certification that expires subsequent to December 20, 2005, and seeks to remain under the jurisdiction of COAH for the municipality’s third round fair share obligation, shall be required to submit a resolution to COAH from the governing body no later than July 14, 2006, that commits to file or petition for third round substantive certification in accordance with N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et seq. by earlier of the expiration date of its second round substantive certification or May 15, 2007; and
WHEREAS, the amendments adopted by COAH to N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et seq. in no way affect the protections granted to municipalities for the period of second round substantive certification, which period of second round substantive certification remains in effect for the original period granted.
NOW THEREFORE BE IT RESOLVED by the governing body of Wanaque, in the County of Passaic, State of New Jersey, that Wanaque hereby requests to remain under the jurisdiction of COAH pursuant N.J.A.C. 5:95-15.3 for the third round period substantive certification; and
BE IT FURTHER RESOLVED that Wanaque hereby commits to address its third round fair share obligation by filing or petitioning COAH for review and certification of a newly adopted housing element and fair share plan in accordance with N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et seq. by October 3, 2007. .
Resolution #102-0-06:
Re:
Change Order
BE IT RESOLVED that payment be made to Tomaro Contracting Co., Inc. for Bergen Avenue Improvements, Section 2 approving Change Order No. 1 in the amount of $38,900.00.
Letter from Robert Barrett request for refund of escrow for Application #03-06
In the amount of $315.00:
Refund of Building Permit #06-228 for
REGULAR REPORTS - PROFESSIONAL REPORTS:
1. Clerk's Receipts ‑ NONE.
2. Police Department Report - NONE.
3. Tax Collector's Report for June 2006 ‑ NONE.
4. Municipal Court Report for April 2006 ‑ $5,331.00.
5. Welfare Report for June 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
NEW BUSINESS:
Approval of 2006/2007 Liquor License Renewals – Resolution #108-0-06:
1. A & P Tea Company 6. Gramlich’s
2. Berta’s Chateau 7. Il Palazzo
3. Ernie’s Discount Liquor 8. Crown Liquors
*4. Flip’s Bar – Resolution
#109-0-06 9.
#110-0-05
5. Provision Foods LTD 10. Roar of the Crowd
*License with Resolution of stipulations and restrictions
(Approval pending completion of inspection reports of establishments)
The Police Chief spoke about the Phoenix Club have some violations regarding their paperwork and charges will be brought up.
Resolution
#108-0-06:
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED, that the Mayor and Council of the Borough of Wanaque do hereby approve through this Resolution the following Liquor License Renewals for the year 2006/2007:
1. The Great Atlantic & Pacific Tea Company - t/a A & P
2. Santina and Peter Berta - t/a Berta’s
3. Price Rite Liquors, Inc. t/a Ernie’s Discount Liquors
4. Joseph Agostino - t/a Flip’s Bar
5. The Gramlich Corporation - t/a Gramlich’s
6. Il Palazzo, Inc. - t/a Il Palazzo
7. T.P. Summer, Inc. – t/a Crown Liquors
8. Phoenix
Club, Inc. - t/a
9. Provision Foods LTD – t/a Tree Tavern
10. B.R. Guest, Inc. – t/a Roar of the Crowd
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution
#109-0-06:
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
WHEREAS, Plenary Retail Consumption License No. 1613-32-017-003 was issued to Joseph Agostino by the Borough of Wanaque, permitting the on premises consumption of alcoholic beverages and other activities as are set forth and more fully described in N.J.S.A. 33:1-12 for premises located at 18 Railroad Avenue, Wanaque, New Jersey, said premises being commonly known and designated as "Flip's"; and
WHEREAS, the Mayor and Council of the Borough of Wanaque did recommend certain restrictions be placed on the conduct of the operation of the applicant's premises and license, as a condition of renewal, and the applicant Joseph Agostino having consented to the imposition of such restrictions;
NOW, THEREFORE BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE BOROUGH OF WANAQUE, COUNTY OF PASSAIC, NEW JERSEY, as follows:
1. Plenary Retail Consumption License No.
1613-32-017-003 issued by the Borough of Wanaque to Joseph Agostino for
premises located at
a) The licensee Joseph Agostino, or his designee, shall notify the Wanaque Police Department of any disturbances, breaches of the peace, assaults, or of any other conduct detrimental to the public peace and well-being, both within the licensed premises or areas adjacent thereto.
b) The licensee Joseph Agostino, or his designee, shall undertake whatever measures as are necessary or required to control and prevent drinking of alcoholic beverages on the porch or stoop of the licensed premises or in areas immediately adjacent thereto.
c) The licensee Joseph Agostino, or his designee, shall continuously patrol and police the licensed premises so as to keep it clean, free from debris, discarded bottles or cans, and other trash or rubbish.
d) The licensee Joseph Agostino, or his designee, shall establish and institute procedures designed to prohibit fights, brawls, arguments, shouting and disturbing noises, both within the licensed premises and areas immediately adjacent thereto so as to promote public health and safety, especially during late evening and early morning hours and on weekends.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #110-0-06:
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that Plenary Retail Consumption License No. 1613-32-014-003 issued to Jomon Kalarickal, Kalari Liquors, LLC by the Borough of Wanaque for premises located at 1093 Ringwood Avenue, Haskell, New Jersey, said premises being commonly known and designated as "Phoenix Club" be renewed for the 2006/2007 License Term with the condition that all the violations noted in the inspection report completed by the Police Department be corrected.
On roll call, all voted yes, and the Mayor declared the motion carried.
Application for a Person to Person Transfer:
Re: Plenary Retail Consumption License #1613-33-002-001 from the Gramlich
Corporation to Sal F. Falciglia – Resolution #111-0-06
Held.
Closed Session:
Re:
Litigation/Negotiation/Personnel
Held to the end of the meeting.
UNFINISHED BUSINESS:
Status of
Letters sent to deficient people in taxes.
RESOLUTIONS:
Resolution #103-0-06:
Re: Award Contract – Nature’s Choice Corporation – Yard Waste Disposal
On entertainment of the Mayor, Councilmen Pasquariello and Mahler moved that,
BE IT RESOLVED that the Borough of Wanaque accepts the proposal of Nature's Choice Corporation, 111 Springfield Road, Union, N.J. 07083 for trucking and recycling of yard waste at a cost of $7.72 per cubic yard; and
BE IT FURTHER RESOLVED that this contract is awarded as an exception to the Local Public Contracts Law, N.J.S.A. 40A:11-5 (s) and is awarded as a "not fair and open" contract in accordance with N.J.S.A. 19:44A-20.4 and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 6-CU-01-136-000.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #104-0-06:
Re: Contract for recycling disposal
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
BE IT RESOLVED that the Mayor and Borough Clerk are authorized to execute an agreement with Zozzaro Brothers Inc, 175 Circle Avenue, Clifton, N.J. 07011 for disposal of recyclable materials as per this proposal dated April 27, 2006; and
BE IT FURTHER RESOLVED that this contract is awarded as an exception to the Local Public Contracts Law, N.J.S.A. 40A:11-5 (s) and is awarded as a "not fair and open" contract in accordance with N.J.S.A. 19:44A-20.4; and
BE IT FURTHER RESOLVED that co-mingled recycling will be accepted at no charge, and the Borough of Wanaque will receive a rebate for mixed paper at a rate of 70% of the Official Board Markets monthly high published price (New York Area) for Grade #6 Newspaper with a floor price of $20.00 per ton.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #105-0-06:
Re:
Amend Developers Agreement –
On entertainment of the Mayor, Councilmen Pettet and Pasquariello moved that,
WHEREAS, irrevocable standby letters
of credit are acceptable as a performance guarantee pursuant to N.J.S.A.
40:55D-53 et seq., relating to property known as Block
468 Lot 3.01.
WHEREAS, the Borough of Wanaque
entered into a Developer’s Agreement with owners and developers of property
known as Block 468, Lot 3.01 for the construction of an 81 room hotel; and
WHEREAS, the Developer’s Agreement
required performance guarantees, pursuant to N.J.S.A. 40:55D-53 et seq.,
by posting with the Borough a performance bond; and
WHEREAS, the aforesaid statute
permits the Developer to provide performance guarantees in the form of an
irrevocable standby letter of credit; and
WHEREAS, a performance guaranty, in
the form of an irrevocable standby letter, is authorized by the aforesaid
statute in a form acceptable by the New Jersey Department of Community Affairs;
and
WHEREAS, an amendment to the
Developer’s Agreement is required in order to substitute the irrevocable letter
of credit, for the performance bond as set forth in the aforesaid Developer’s
Agreement; and
WHEREAS, it is the opinion of the
Mayor and Council of the Borough of Wanaque that the provision of a performance
guaranty, in the form of an irrevocable standby letter of credit, is
acceptable.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE BOROUGH OF WANAQUE, STATE OF NEW JERSEY, COUNTY OF PASSAIC, NEW JERSEY, as follows:
1. Mayor Thomas Balunis and Borough Clerk Katherine
J. Falone are hereby authorized to execute and enter into an amendment to the
Developer’s Agreements in the form annexed hereto.
2. The
standby irrevocable letter of credit shall be subject to the review and
approval by the Borough of Wanaque Borough Administrator, Thomas F. Carroll,
and by the Borough of Wanaque Attorney, Anthony Fiorello, Esq.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #106-0-06:
Re: Approve Employment Agreement – Borough Administrator
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that the Mayor is hereby authorized to execute the Employment Agreement.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #107-0-06:
Re: Appoint Anthony Giampietro as Electrical Subcode Official
On entertainment of the Mayor, Councilmen O’Connell and Pasquariello moved that,
BE IT RESOLVED that Anthony Giampietro be and he is hereby appointed as the Electrical Subcode Official, part time (provisional) at an annual salary of $11,025.00.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #112-0-06:
Re: Bond Reduction – Wanaque Reserve/Pulte Homes
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that the
Developer – Pulte Homes has requested a reduction of their Performance Bond
Number 6262415 for
On roll call, all voted yes, and the Mayor declared the motion carried.
PUBLIC DISCUSSION:
Eve Tomczak,
The Borough Administrator said that is for infrastructure when a developer completes certain completion of items. The Engineer reviewed it and the bond gets lowered.
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 $ 1,771.54
CURRENT 171,808.94
CURRENT PRE-PAID 1,270,274.32
WATER OPERATING 14,313.30
WATER OPERATING PRE-PAID 1,979.00
GENERAL CAPITAL 61,393.55
ESCROW BOOKKEEPER 15,215.71
ESCROW PREPAID 309.00
RECREATION TRUST FUND 6,029.32
ANIMAL TRUST FUND 42.60
PUBLIC ASSISTANCE 11,172.00
RECYCLING TRUST __ 429.00__
TOTAL VOUCHERS $1,554,738.28
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: June 12, 2006
___________________________
Thomas Balunis
Mayor
Payrolls:
Councilmen Mahler and O’Connell moved a resolution approving the following payrolls:
Payroll #10 p/e 05/19/06 $182,010.45
Payroll #11 p/e 06/02/06 _ 181,242.96_
Payroll Total $363,253.41
GRAND TOTAL $1,917,991.69
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: June 12, 2006
_______________________________
Thomas Balunis
Mayor
NEW BUSINESS:
Closed Session:
Re: Litigation/Negotiation/Personnel
On entertainment of the Mayor, Councilmen O’Connell and Mahler 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) Personnel.
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 Fiorito 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 8:25 P.M.
____________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk
The Municipal Clerk was asked to leave.