REGULAR COUNCIL MEETING June 8, 2020

VIDEO CONFERENCEWanaque, New Jersey 07465

7:00pm

BOROUGH OF WANAQUE NEW JERSEY

Council Chambers 579 Ringwood Avenue Wanaque, N.J. 07465

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MAYOR Daniel Mahler

BOROUGH COUNCIL

Tom Balunis Dominick Cortellessa

Edward Leonard Donald Pasquariello

Robert Pettet Eric Willse

BOROUGH OF WANAQUE Regular Council Meeting VIDEO CONFERENCE AGENDA

Phone: (973) 839-3000

Website: www.wanaqueborough.com June 8, 2020 – 7:00 p.m.

CALL TO ORDER Mayor Daniel Mahler, Presiding

• Pledge of Allegiance to the Flag • Roll Call • Sunshine Statement

APPROVAL OF MINUTES Borough Council

• May 11, 2020 INTRODUCTION OF ORDINANCES Borough Council ORDINANCE# 4-0-2020: CALENDAR YEAR 2020 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET

APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) COUNCIL COMMITTEE REPORTS Borough Council RESOLUTIONS CONSENT AGENDA Borough Council

All items listed on the Consent Agenda are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council request specific items to be removed for separate action.

112-0-2020: Resolution allowing outdoor seating for restaurants during the pandemic shutdown

of Retail and Commercial businesses in New Jersey 113-0-2020: Resolution Appointing Special Law Enforcement Officers in the Borough of

Wanaque Police Department Effective July 1, 2020 114-0-2020: Resolution of the Borough of Wanaque Authorizing Increase in Deferred Regional

High School Taxes

115-0-2020: Resolution Authorizing the Approval of Estimate #1 and Payment to Reivax Contracting Corp, 68 Finderne Avenue, Bridgewater, NJ 08807 for the 2018 Water Main Improvement Project In The Amount Of $208,338.20.

116-0-2020: Resolution of the Borough of Wanaque Authorizing an Increase of the Bid Threshold

Council Chambers 579 Ringwood Avenue Wanaque, N.J. 07465

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MAYOR Daniel Mahler

BOROUGH COUNCIL Tom Balunis

Dominick Cortellessa Edward Leonard

Donald Pasquariello Robert Pettet

Eric Willse

BOROUGH OF WANAQUE Regular Council Meeting VIDEO CONFERENCE AGENDA

Phone: (973) 839-3000 Website: www.wanaqueborough.com

June 8, 2020 – 7:00 p.m.

INTRODUCTION OF THE 2020 MUNICIPAL BUDGET Borough Council

• Introduction of the Borough of Wanaque 2020 Municipal Budget• Public Hearing and Adoption of the Budget – July 13, 2020

REGULAR REPORTS / PROFESSIONAL REPORTS Borough Council

COMMUNICATIONS Borough Council

UNFINISHED BUSINESS Borough Council

FINANCE REPORT Council President Pettet

• Vouchers – Payrolls

PUBLIC COMMENT General Public Members of the public are invited to comment at this time on any issues, whether or not on the agenda.

Passaic County format to be followed for the Public Session

ADJOURNMENT

Additional items may be added to this agenda. Final action may be taken on all matters listed or added to this agenda. This agenda was prepared as of 6/1/2020 with all available information as of this date.

Katherine J. Falone, RMC, CMC Municipal Clerk

HEARING ASSISTANCE IS AVAILABLE UPON REQUEST

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

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ORDINANCE# 4-0-2020

CALENDAR YEAR 2020 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Borough Council of the Borough of Wanaque in the County of Passaic finds it advisable and necessary to increase its CY 2020 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Borough Council hereby determines that a 1.0% increase in the budget for said year, amounting to $107,875.35 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Wanaque, in the County of Passaic, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2020 budget year, the final appropriations of the Borough of Wanaque shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.50%, amounting to $377,563.73, and that the CY 2020 municipal budget for the Borough of Wanaque be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

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ORDINANCE# 4-0-2020

CALENDAR YEAR 2020 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Dated: June 8, 2020

RECORD OF COUNCIL VOTE Councilman Motion Second Yes No Abstain Councilman Motion Second Yes No Abstain

Balunis

Pasquariello

Cortellessa

Pettet

Leonard

Willse

ATTEST:

_______________________________________ ________________________________________ Katherine J. Falone RMC, CMC Daniel Mahler Municipal Clerk Mayor

This resolution, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #112-0-2020

RESOLUTION ALLOWING OUTDOOR SEATING FOR RESTAURANTS DURING THE PANDEMIC SHUTDOWN OF RETAIL AND COMMERCIAL BUSINESSES IN NEW JERSEY

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WHEREAS, restaurants are an integral part of the local economies and social fabrics of municipalities; and WHEREAS, policies regarding restaurants established by the State of New Jersey through law, regulation and executive order rightfully prioritize public health; and WHEREAS, the proper adherence of measures to mitigate the spread of the Covid-19 virus has greatly affected the business model of restaurants; and WHEREAS, The Borough wishes to help its local businesses through this difficult time; and WHEREAS, many restaurants are owned and operated by local families that depend upon continued economic activity; and WHEREAS, The Borough has promoted the take-out and home delivery services of restaurants as residents have quarantined at home; and WHEREAS, restaurant owners are seeking guidance as to how they may safely resume dine-in service upon an eventual broadening of business activity allowable under state authority; and WHEREAS, The Borough supports and follows the recommendations of health care professionals to continue proactive measures such as social distancing to curtail the spread of the Covid-19 virus; and WHEREAS, The Borough supports temporary, practical measures that enable restaurants to augment their dine-in capabilities as a means to boost customer activity. NOW THEREFORE BE IT RESOLVED, the Mayor and Borough Council of the Borough of Wanaque in the County of Passaic in the State of New Jersey hereby agree as follows:

1. Outdoor seating will be temporarily permitted as an accessory use to a restaurant, fast-food restaurant and drive-in restaurant as those terms are defined in §174A in the Borough Zoning Ordinance. The temporary period shall be through December 31, 2020 unless a longer or shorter time is established by an Executive Order issued by the Governor.

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #112-0-2020

RESOLUTION ALLOWING OUTDOOR SEATING FOR RESTAURANTS DURING THE PANDEMIC SHUTDOWN OF RETAIL AND COMMERCIAL BUSINESSES IN NEW JERSEY

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2. Outdoor restaurant seating will not require the filing of a Site Plan Application.

3. A Temporary Outdoor Restaurant Seating Application must be obtained prior to the creation of any outdoor seating. A drawing of the proposed outdoor restaurant seating area must accompany the Zoning Permit Application. This drawing shall show the location and size of all proposed tables and chairs and distances to other tables and chairs and distances from any other structures such as a host podium and serving stations. All distance separations shall comply with all applicable Executive Orders issued by the Governor of the State of New Jersey, as well as any other requirements, conditions and/or limitations in any applicable Executive Orders. Where available, the sketch shall be superimposed upon an existing site plan drawing or survey.

4. The Borough will waive the filing fee for a Temporary Outdoor Restaurant Seating Application to the

Planning and Engineering Department seeking to create outdoor restaurant seating.

5. The Borough will expedite the review of all Applications seeking to create outdoor restaurant seating.

6. No performance bond, maintenance bond or engineering inspection fees will be required in connection with an approved outdoor restaurant seating plan.

7. The following standards are hereby created in connection with outdoor restaurant seating:

a) The outdoor restaurant seating area may not exceed 1,500 square feet;

b) Outdoor restaurant seating areas can be located upon public sidewalks where adequate provision is

made for the pedestrian public, on relatively level grass areas, and in parking lots where an adequate number of parking stalls remain in the opinion of the Borough Zoning Officer. Preference should be given to creating outdoor restaurant seating on sidewalks and upon grass areas.

c) Where outdoor seating is proposed to be created in a parking lot, bollards or other protection

structures shall be erected along the perimeters of the outdoor restaurant seating area in order to enhance public safety;

d) Temporary lighting will be required if the outdoor restaurant seating area is proposed to be utilized

after dusk;

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #112-0-2020

RESOLUTION ALLOWING OUTDOOR SEATING FOR RESTAURANTS DURING THE PANDEMIC SHUTDOWN OF RETAIL AND COMMERCIAL BUSINESSES IN NEW JERSEY

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e) Landscaping of the perimeter of or within the outdoor restaurant seating area will not be required

but may be proposed by the applicant;

f) Awning, umbrellas, and tents may be utilized within an outdoor restaurant area, but tents with sides are not permitted;

g) Serving stations and a host podium may be located within an outdoor restaurant seating area

provided a Plexiglas or other similar partition is used;

h) No change in grading will be permitted in order to create an outdoor restaurant seating area, and no temporary flooring or mats may be utilized;

i) The proposed hours of operation of the outdoor restaurant seating area will be included in the

Temporary Outdoor Restaurant Seating Application;

j) No outdoor restaurant seating area may be located within an approved delivery area/loading zone;

k) Restaurants with existing outdoor seating areas may seek to expand the existing area;

l) Outdoor seating is limited to the front and side of any restaurant. No seating is permitted in the back of any restaurant. The front door of the restaurant shall be considered the front of the restaurant;

m) An applicant for a proposed outdoor restaurant seating area must have previously secured site plan

approval from the Borough Zoning Board of Adjustment or Planning Board and must be in compliance with its existing site plan approval;

n) The consumption of alcoholic beverages will continue to be regulated by the New Jersey Alcoholic

Beverage Control Commission therefore all applicants are responsible for verifying that their liquor license permits the serving of alcohol outdoors;

o) Seating may not be within 8 feet of any roadway

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #112-0-2020

RESOLUTION ALLOWING OUTDOOR SEATING FOR RESTAURANTS DURING THE PANDEMIC SHUTDOWN OF RETAIL AND COMMERCIAL BUSINESSES IN NEW JERSEY

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p) An approved outdoor restaurant seating area must be discontinued or reduced in size if proper

social distancing is not maintained or the restaurant establishment does not comply with applicable sanitary and cleaning standards, use of masks and partitions or other Executive Order requirements issued by the Governor;

q) All outdoor seating areas must be closed by 10pm from Sunday through Thursday and 11pm on

Friday and Saturday;

r) The Borough Zoning Officer shall have the discretion to create additional standards for a particular property and to fashion such conditions as may be necessary to further the purposes of the Borough Zoning Ordinance in §168 and §174 as well as the goals and objectives of the Borough's Master Plan;

s) Additional provisions concerning such issues as the maximum number of people at a table; required

minimum distances between tables; and standards for addressing patrons waiting to be seated will be formulated after the promulgation of the Governor's Executive Order permitting restaurants to reopen.

8. This resolution temporarily supersedes any and all restrictions by the Planning Board and Board of

Adjustment related to outdoor dining and outdoor serving of alcohol.

9. Any bar/restaurant having restriction on their 2019 License must have their plan for outdoor serving of alcohol beverages approved by the Wanaque Police Department.

10. This resolution shall include the provisions of Executive Order 150 issued by the Governor and Executive Directive #20-014 issued by the New Jersey Department of Health.

11. This resolution is subject to change to conform to any additional Executive Order issued the Governor or an Executive Directive issued by the New Jersey Department of Health.

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #112-0-2020

RESOLUTION ALLOWING OUTDOOR SEATING FOR RESTAURANTS DURING THE PANDEMIC SHUTDOWN OF RETAIL AND COMMERCIAL BUSINESSES IN NEW JERSEY

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This Resolution shall take effect on the date that restaurants for dine-in service are permitted to reopen by executive order of the Governor. Dated: June 8, 2020

RECORD OF COUNCIL VOTE Councilman Motion Second Yes No Abstain Councilman Motion Second Yes No Abstain

Balunis

Pasquariello

Cortellessa

Pettet

Leonard

Willse

ATTEST:

_______________________________________ ________________________________________ Katherine J. Falone RMC, CMC Daniel Mahler Municipal Clerk Mayor This resolution, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.

BOROUGH OF WANAQUE ZONING DEPARTMENT

579 Ringwood Avenue Wanaque, NJ 07465

973-839-3000 Fax 973-835-0783

TEMPORARY OUTDOOR RESTAURANT SEATING

Name of Business:

Contact person:

Address:

Phone:

Owner Name and Signature:

End Date of Outdoor Seating (Permit expires December 31, 2020):

Hours of Operation for Outdoor Seating Area (Sunday-Thursday 10pm / Friday-Saturday 11:00pm)

Applications are currently being accepted but approvals cannot be granted until an official Executive Order has been signed by Governor Murphy

The following items must be included with the application: 1. Survey or plot plan showing location, size and number of tables and seating.

Area cannot exceed 1,500 square feet. 2. Diagram of outdoor seating with measurements. 3. No fee will be required by the Borough of Wanaque.

Any fees imposed by the State of New Jersey will be the responsibility of the applicant. 4. If seating will be utilized after dusk, temporary lighting will be required if existing lighting is

inadequate. 5. If within a parking lot, safety bollards or similar must be provided. 6. All applicants are responsible for verifying that their liquor license permits the serving of alcohol

outdoors.

Approvals:

Zoning Officer Date Issued/ Permit#

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #113-0-2020

RESOLUTION APPOINTING SPECIAL LAW ENFORCEMENT OFFICERS IN THE BOROUGH OF WANAQUE POLICE DEPARTMENT EFFECTIVE JULY 1, 2020

WHEREAS, the Borough Council of the Borough of Wanaque has determined that it is in the best interests of the Borough to appoint Special Class II Law Enforcement Officers to the Wanaque Police Department; and WHEREAS, the Chief of Police pursuant to N.J.S.A. 40A:14-146.10(e) has confirmed the eligibility and qualifications of such to the position of Special Class II Law Enforcement Officers with the Wanaque Police Department; and NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque, that the following officers are hereby appointed as Special Class II Law Enforcement Officers for a term not to exceed one (1) year pursuant to N.J.S.A.40A:14-146.14 with the Wanaque Police Department, effective July 1, 2020 pending approvals by the Division of Criminal Justice, and medical clearance.

Charles E Huber Jr. Philip Cavallaro

Dated: June 8, 2020

RECORD OF COUNCIL VOTE Councilman Motion Second Yes No Abstain Councilman Motion Second Yes No Abstain

Balunis X X

Pasquariello X

Cortellessa X

Pettet X

Leonard X X

Willse X

ATTEST:

_______________________________________ ________________________________________ Katherine J. Falone RMC, CMC Daniel Mahler Municipal Clerk Mayor

This resolution, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #114-0-2020

RESOLUTION OF THE BOROUGH OF WANAQUE AUTHORIZING INCREASE IN DEFERRED REGIONAL HIGH SCHOOL TAXES WHEREAS, the Division of Local Government Services requires that the Governing Body of any municipality which has Deferred Regional High School Taxes must authorize any increase in the deferral of any additional amounts, and WHEREAS, the Governing Body has decided that an increase in Deferred Regional High School Taxes is in the best interest of the Borough at this time, NOW, THEREFORE, BE IT RESOLVED by the Governing Body that the following Deferred Regional High School Taxes be hereby increased for the year ended December 31, 2019 as follows:

Deferred Regional High School Taxes

Amount Deferred 12/31/18 $4,166,242.00 Amount Deferred 12/31/17 $4,002,241.00

$164,001.00

BE IT FURTHER RESOLVED by the Governing Body that a certified copy of this resolution be filed with the Director of the Division of Local Government Services. Dated: June 8, 2020

RECORD OF COUNCIL VOTE Councilman Motion Second Yes No Abstain Councilman Motion Second Yes No Abstain

Balunis

Pasquariello

Cortellessa

Pettet

Leonard

Willse

ATTEST:

_______________________________________ ________________________________________ Katherine J. Falone RMC, CMC Daniel Mahler Municipal Clerk Mayor This resolution, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #115-0-2020

RESOLUTION AUTHORIZING THE APPROVAL OF ESTIMATE #1 AND PAYMENT TO REIVAX CONTRACTING CORP, 68 FINDERNE AVENUE, BRIDGEWATER, NJ 08807 FOR THE 2018 WATER MAIN IMPROVEMENT PROJECT IN THE AMOUNT OF $208,338.20 BE IT RESOLVED that the Borough Council of the Borough of Wanaque hereby approves Estimate #1 and payment to Reivax Contracting Corp for the 2018 Water Main Improvement Project in the amount of $208,338.20 as recommended by the Borough Engineer. Dated: June 8, 2020

RECORD OF COUNCIL VOTE Councilman Motion Second Yes No Abstain Councilman Motion Second Yes No Abstain

Balunis

Pasquariello

Cortellessa

Pettet

Leonard

Willse

ATTEST:

_______________________________________ ________________________________________ Katherine J. Falone RMC, CMC Daniel Mahler Municipal Clerk Mayor This resolution, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.

BOROUGH OF WANAQUE COUNTY OF PASSAIC

STATE OF NEW JERSEY

RESOLUTION #116-0-2020

RESOLUTION OF THE BOROUGH OF WANAQUE AUTHORIZING AN INCREASE OF THE BID THRESHOLD WHEREAS, the State of New Jersey has, effective July 1, 2020, adjusted the bid threshold for awarding contracts pursuant to the Local Public Contracts Law and has given local contracting units the ability to increase the bid threshold up to $44,000 in municipalities with a Qualified Purchasing Agent; and WHEREAS, the Borough has appointed a Qualified Purchasing Agent in accordance with N.J.A.C. 5:34-5 et seq.; and WHEREAS, the Borough desires to take advantage of the increased bid threshold NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Wanaque, in the County of Passaic and State of New Jersey, that the Borough hereby increases its bid threshold to $44,000 effective July 1, 2020. Dated: June 8, 2020

RECORD OF COUNCIL VOTE Councilman Motion Second Yes No Abstain Councilman Motion Second Yes No Abstain

Balunis

Pasquariello

Cortellessa

Pettet

Leonard

Willse

ATTEST:

_______________________________________ ________________________________________ Katherine J. Falone RMC, CMC Daniel Mahler Municipal Clerk Mayor This resolution, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.