February 14, 2011
Regular Meeting
A Regular Meeting of the Mayor and Council of the Borough of Wanaque was held on Monday, February 14, 2011, at 8:30 P.M. in the Wanaque Municipal Building.
The Mayor called the meeting to order.
On roll call, the following Council Members responded: Balunis, Cortellessa, Leonard, Pettet and Theoharous. Councilman Pasquariello was absent. The Mayor declared a quorum. The Borough Attorney and Borough Engineer were present.
The Mayor read the following Sunshine Statement: This is a Regular meeting of the Mayor and Council and adequate notice thereof has been given by advertising the date, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on December 29, 2010, and a notice thereof has been posted on December 29, 2010 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.
MINUTES:
Regular Meeting of January 10, 2011
On entertainment of the Mayor, Councilmen Theoharous and Leonard moved a motion to approve the aforementioned Minutes.
On roll call, all voted yes and the Mayor declared the motion carried.
PRESENTATION: Sports Awards – Cheerleaders – 7:00 P.M.
PROCLAMATION: Read Across America – March 2, 2011
The Mayor read the following Proclamation:
"Read Across America"
March 2, 2011
WHEREAS, the citizens of Wanaque stand firmly committed to promoting reading as the catalyst for our student’s future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and
WHEREAS, Wanaque has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well being and long term quality of life; and
WHEREAS, NEA’S Read Across America, a national celebration of reading on March 2, 2011, which would have been the 107th birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and
WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, Saturn-UAW, and their local
affiliates across the state to promote reading and adult involvement in the education of our community’s students;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council calls on the citizens of The Borough of Wanaque to assure that every child is in a safe place reading together with a caring adult on March 2, 2011;
AND BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA’s Read Across America and Read Across America-NJ, and recommits our community to engage in programs and activities to make America's children the best readers in the world.
ORDINANCES:
Public Hearing of Ord. #1-0-11:
Re: An Ordinance Authorizing the Acquisition of Real Estate Known as Block 421;
Lots 14-17 Pursuant to the Local Lands and Building Law N.J.S.A. 40A:12-1 et
seq.
On entertainment of the Mayor, Councilmen Pettet and Leonard moved that Ordinance #1-0-11 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 THE ACQUISITION OF REAL ESTATE KNOWN AS BLOCK 421; LOTS 14-17 PURSUANT TO THE LOCAL LANDS AND BUILDING LAW N.J.S.A 40A:12-1 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.
Sandy Lawson, 28 Haskell Avenue, Haskell said I support the acquisition and ask that you notify the Passaic County Open Space Committee.
The Borough Administrator said we will.
The Mayor closed the Public Hearing.
Councilmen Cortellessa and Theoharous moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL ESTATE KNOWN AS BLOCK 421; LOTS 14-17 PURSUANT TO THE LOCAL LANDS AND BUILDING LAW N.J.S.A 40A:12-1 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.
Public Hearing of Ord. #2-0-11:
Re: An Ordinance to Amend the Code of the Borough of Wanaque, Chapter 73,
entitled Fire Prevention, to Amend Section 73-9 Permits
On entertainment of the Mayor, Councilmen Theoharous and Pettet moved that Ordinance #2-0-11 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 73, ENTITLED FIRE PREVENTION, TO AMEND SECTION 73-9 PERMITS.
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 Theoharous and Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 73, ENTITLED FIRE PREVENTION, TO AMEND SECTION 73-9 PERMITS 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. #3-0-11:
Re: Refunding Bond Ordinance Authorizing the Issuance of $3,500,000 Refunding Bonds of the Borough of Wanaque, in the County of Passaic, New Jersey
On entertainment of the Mayor, Councilmen Cortellessa and Balunis moved that Ordinance #3-0-11 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 REFUNDING BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $3,500,000 REFUNDING BONDS OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY
On entertainment of the Mayor, Councilmen Cortellessa and Balunis moved that,
AN ORDINANCE REFUNDING BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $3,500,000 REFUNDING BONDS OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, 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 14th day of March 2011, at the Municipal Building in the Borough of Wanaque at 8:00 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.
Councilman Cortellessa said for the use of the money we should stay on top of where it is going.
PUBLIC DISCUSSION:
The Mayor opened the Public Discussion.
Sandy Lawson, 28 Haskell Avenue, Haskell said regarding the development with the Rhinesmith building property found an article and Mayor Hagstrom on December 12, 2003 said stores and other things would be put there before putting houses and apartments/condos and is this the best we can do.
The Borough Attorney cautioned members of the Council who are also planning board members regarding any comments.
Sandy Lawson said cautioned that what goes there on the property.
Dave DaSilva said there are two procedural things you didn’t end the work meeting and reconvene after closed session and what is the status of Mountain Lakes Estates.
The Borough Attorney said we ended the work meeting and held the closed session prior to the regular meeting and Mountain Lakes Estates is in the appellate division with the developer.
Dave DaSilva said who paid for things to be done.
The Borough Attorney said the property owner paid for it.
Dave DaSilva said what about the dry sewer line.
The Borough Attorney said we can’t do anything until the appellate division rules on it.
Dave DaSilva said what is the status of the drainage of Second Avenue.
The Mayor said discussed drainage and the Engineer to install seepage pits.
The Borough Administrator said we’re looking to purchase the property and the cost for the drainage and the Engineer is looking into that.
Dave DaSilva said what is the status of US Aluminum are the contractors coming in yet.
The Borough Administrator said that is at the Department of Environmental Protection and there is a no further action from Department of Environmental Protection issued.
Dave DaSilva said who is responsible for shoveling the sidewalks on Ringwood Avenue.
The Borough Administrator said the Road Department has been doing it when they can.
John DiMeglio, 414 Ringwood Avenue, Wanaque said Building 8 and 10 at Wanaque Reserve are getting a reduction in their taxes through tax appeals and any building facing the sewer plant also is.
The Mayor said they are filing an appeal by an individual and they won the appeal.
John DiMeglio said the Tax Assessors secretary said ten thousand dollars was taken off the taxes for each.
The Borough Administrator said the County Board of Taxation went to and was proactive in a not positive situation.
John DiMeglio said thirty four houses at twenty thousand dollars how are you going to pay for that.
The Borough Administrator said the assessment is received and you can file a tax appeal.
John DiMeglio said will send a letter to residents on Ringwood Avenue and ask for a reduction in taxes due to the road condition. You cater to the Wanaque Reserve residents.
The Mayor said you can file a tax appeal.
John DiMeglio said the Wanaque Valley Sewerage Authority spend three million dollars and for the odor control they spent three hundred thousand dollars for the Wanaque Reserve.
Grace Maiello, 26 Rhinesmith Avenue, Wanaque said the Bingo License for the Wanaque Reserve is that only for their residents only.
Councilman Cortellessa said yes.
The Mayor closed the Public Discussion.
CONSENT AGENDA:
Two (2) Applications for Bingo Licenses:
Re: 1) Wanaque Reserve – BA:189,2) Wanaque First Aid Squad Auxiliary –
BA:190 – REMOVED FROM CONCENT AGENDA
Five (5) Applications for Raffle Licenses:
Re: 1) Wanaque First Aid Squad Auxiliary – RA:756, 2) PTA Wanaque School –
RA:757 and RA:758 3) Saint Francis of Assisi Home School Association –
RA: 759 and RA:760
One Application for Tow Truck License:
Re: Justified Towing and Repair LLC, 400 Union Avenue, Haskell.
Payment to County of Passaic:
Re: 1st Quarter Taxes for the Year 2011 in the amount of $1,829,225.35.
Payment to County of Passaic:
Re: Open Space Taxes for the 1st Quarter Year 2011 in the amount of $34,653.99.
Resolution #32-0-11:
Re: Refund of Tax overpayment on Block 418, Lot 15 for the 4th Quarter of 2010 due to a County Board Judgment in the amount of $912.66.
WHEREAS, there exists an overpayment on the property listed herein for the fourth quarter of 2010 due to a County Board Judgment from an Assessor’s Appeal
BLOCK LOTAMOUNT
418 15912.66
WHEREAS, the owners have requested a refund of said overpayments;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $912.66 as per the certification of the Tax Collector.
Resolution #33-0-11:
Re: Establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements with other Contracting Units
WHEREAS, N.J.S.A. 40A:11-11(5) authorizes two or more contracting units to establish a Cooperative Pricing System and to enter into a Cooperative Pricing Agreement for its administration; and
WHEREAS, the Borough of Wanaque, County of Passaic, State of New Jersey is desirous of establishing a Cooperative Pricing System and entering into a Cooperative Pricing Agreement with other contracting units;
WHEREAS, the Borough of Wanaque has agreed to serve as the Lead Agency for a Cooperative Pricing System; and
WHEREAS, on February 14, 2011 the governing body of the Borough of Wanaque, County of Passaic, State of New Jersey duly considered the establishment of a Cooperative Pricing System for the provision and performance of goods and services,
NOW, THEREFORE BE IT RESOLVED as follows:
COOPERATIVE PRICING SYSTEM ESTABLISHED
The Borough of Wanaque hereby authorizes the creation of a Cooperative Pricing System to be known as Upper Passaic COOPERATIVE PRICING SYSTEM with the Borough of Wanaque serving as the Lead Agency.
COOPERATIVE PRICING AGREEMENT
The Mayor is hereby authorized to enter into separate Cooperative Pricing Agreements with the participating contracting units and said Agreement shall be deemed a single Agreement.
COPY OF RESOLUTION TO DIVISION OF LOCAL GOVERNMENT SERVICES
A single certified copy of this resolution shall be forwarded to the Division of Local Government Services as part of the application for the registration of this Cooperative Pricing System.
EFFECTIVE DATE
This resolution shall take effect immediately upon passage.
Resolution #34-0-11:
Re: Budgetary Transfers
Resolution for Inter Appropriation Transfers
BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2010 Local Municipal Budget be approved;
BE IT FURTHER RESOLVED that the proper Borough Officers are hereby directed to enter the said transfers on the financial records of the Borough:
FROMTO
0-CU-01-099-124$ 2,500.000-CU-01-117-206$5,000.00
Police S&W
0-CU-01-099-101$ 2,500.00
Admin S&W
0-CU-01-099-132$ 725.000-CU-01-146-205$ 725.00
DPW S&WStreet Lights
0-CU-01-099-132$ 2,400.000-CU-01-132-261$ 2,400.00
DPW S&WDPW OE
0-CU-01-099-145$ 1,010.000-CU-01-123-203$ 1,010.00
Plumb Insp S&WFire Dept OE
0-CU-01-101-299$ 950.000-CU-01-128-291$ 950.00
Admin OEWFAS OE
0-CU-01-101-299$ 300.000-CU-01-134-273$ 300.00
Admin OEBd Health OE
0-CU-01-136-258$ 2,500.000-CU-01-111-276$ 5,200.00
Sanitation
0-CU-01-120-233$ 2,000.00
Bd of Adjustment OE
0-CU-01-099-124$ 700.00
Police S&W
Resolution #35-0-11:
Re: Authorizing submission of an application to the Local Finance Board relating to the proposed refunding of Sewer Bonds.
RESOLUTION OF THE BOROUGH OF WANAQUE
MAKING APPLICATION TO THE LOCAL FINANCE BOARD
PURSUANT TO N.J.S.A. 40A:2-51
WHEREAS, THE Borough of Wanaquedesires to make application to the Local Finance Board for its review and/or approval of a proposed refunding bond ordinanceauthorizing the issuance of refunding bonds for purposes of refinancing outstanding bonds and realizing debt service savings.
WHEREAS, the Borough of Wanaquebelieves:
(a)It is in the public interest to accomplish such purpose;
(b)said purpose or improvements are for the health, wealth, convenience or betterment of the inhabitants of the local unit or units;
(c)the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;
(d)the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;
NOW THEREFORE, BE IT RESOLVED by the Borough Councilof the Borough of Wanaqueas follows:
Section 1.The application to the Local Finance Board is hereby approved, and the Chief Financial Officer, Auditor, Attorney, Bond Counsel and Financial Advisor, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.
Section 2.The Clerk of the Boroughis hereby directed to prepare and file a copy of the proposed refunding bond ordinance with the Local Finance Board as part of such application.
Section 3.The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.
Recorded VoteAYE / NO / ABSTAIN / ABSENT
Balunis, Cortellessa, Leonard, Pettet, Theoharous / NONE / NONE / Pasquariello
The foregoing is a true copy of a resolution adopted by the governing body of the Borough of Wanaque on February 14, 2011
Resolution #36-0-11:
Re: Bond Anticipation Note - $4,586,450.00.
EXTRACT from the minutes of a regular meeting of the Borough Council of the Borough of Wanaque, in the County of Passaic, New Jersey, held at the Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey, on February 14, 2011, at 8:00 o’clock P.M.
PRESENT: Councilman Balunis, Councilman Cortellessa, Councilman Leonard, Councilman Pettet and Councilman Theoharous
ABSENT: Councilman Pasquariello
* * *
Councilman Theoharous introduced and moved the adoption of the following resolution and Councilman Pettet seconded the motion:
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,586,450 BOND ANTICIPATION NOTES OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY.
BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AS FOLLOWS:
Pursuant to a bond ordinance of The Borough of Wanaque, (herein called “local unit”) entitled: “Bond ordinance providing for the improvement of various roads in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $350,000 therefor and authorizing the issuance of $315,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on June 11, 2007 (#10-0-07), Bond Anticipation Notes of the local unit in a principal amount not exceeding $315,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.
Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of Laura Avenue (Phase I) in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $455,000 therefor and authorizing the issuance of $184,500 bonds or notes of the Borough for financing such appropriation”, finally adopted on June 11, 2007 (#11-0-07), Bond Anticipation Notes of the local unit in a principal amount not exceeding $184,500 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.
Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the acquisition of a new and additional fire truck by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $975,000 therefor and authorizing the issuance of $725,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on August 13, 2007 (#12-0-07), Bond Anticipation Notes of the local unit in a principal amount not exceeding $725,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.
Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of the Haskell Firehouse in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $200,000 therefor and authorizing the issuance of $180,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on August 13, 2007 (#13-0-07), Bond Anticipation Notes of the local unit in a principal amount not exceeding $180,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.
Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the improvement of the Haskell Water Tank in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $850,000 therefor and authorizing the issuance of $650,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on March 10, 2008 (#4-0-08), Bond Anticipation Notes of the local unit in a principal amount not exceeding $650,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.
Pursuant to a bond ordinance of the local unit entitled: “Bond ordinance providing for the construction and improvement of athletic fields in and by the Borough of Wanaque, in the County of Passaic, New Jersey, appropriating $1,200,000 therefor and authorizing the issuance of $1,050,000 bonds or notes of the Borough for financing such appropriation”, finally adopted on March 10, 2008 (#5-0-08), Bond Anticipation Notes of the local unit in a principal amount not exceeding $555,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any Bond Anticipation Notes heretofore issued therefor.