10 16 06 minutes october by L53Kusd

VIEWS: 1 PAGES: 28

									                                    October 16, 2006
                                           1
Tape #06-21
#1836


I.CALL TO ORDER

A Regular Meeting of the Governing Body of the Borough of Lincoln Park was held in
the Council Chambers of the Municipal Building, 34 Chapel Hill Road, Lincoln Park,
New Jersey on October 16, 2006. The Clerk Called the Meeting to Order at 7:30 PM
and made the Statement of Compliance with the Open Public Meetings Act. The Clerk
advised those present where the exits to the room were and to turn off all cell phones
and beepers. After the Pledge of Allegiance the Clerk called the Roll showing the
following:



II. PLEDGE OF ALLEGIENCE/ROLL CALL

PRESENT:         Council Members:       Sarah Gresko
                                        Raymond T. Kerwin
                                              Herman “Hy” Nadel
                                        Ann Thompson
                                        James A. Wild
                                        David A. Runfeldt

ABSENT:                                 Ellen C. Harrigan


Also PRESENT were Mayor David G. Baker, Borough Administrator/Engineer Joseph
Maiella, Chief Financial Officer, Dennis Gerber and Borough Attorney David Dixon.

III. MINUTES FOR APPROVAL:

Runfeldt: Minutes for Approval September 18, 2006.

Gresko: So MOVED

Thompson: SECOND

Runfeldt: Any questions, corrections, or changes? Call the Roll please.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Minutes of September 18, 2006 were Approved.

Runfeldt: Minutes for Approval October 2, 2006.

Thompson: So MOVED

Gresko: SECOND

Runfeldt: Any questions, corrections, or changes? Call the Roll please.

Yes:          Council Members: Gresko, Kerwin, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      Nadel

The Minutes of October 2, 2006 were Approved.
                                   October 16, 2006
                                          2


IV. ORDINANCES FOR INTRODUCTION:

Runfeldt: Ordinances for Introduction 15-06 Amend Chapter 134 Games of Chance.

The Clerk read the following Resolution:

             BE IT RESOLVED, that an Ordinance entitled:

                ORDINANCE AMENDING CHAPTER 134, GAMES OF
           CHANCE, OF THE CODE OF THE BOROUGH OF LINCOLN PARK
           DESIGNATING THE BOROUGH CLERK AS ISSUING AUTHORITY

be Introduced and Read by Title on First Reading by the Clerk.

Kerwin: So MOVED

Nadel: Second

Runfeldt: Call the Roll

Runfeldt: Any questions, corrections, or changes? Call the Roll please.

Yes:         Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:          None
Absent:      Harrigan
Abstain:     None

The Resolution was Adopted.

Runfeldt: Any discussion? Read it again.

The Clerk read the following Resolution:

             BE IT RESOLVED, that an Ordinance entitled:

                ORDINANCE AMENDING CHAPTER 134, GAMES OF
           CHANCE, OF THE CODE OF THE BOROUGH OF LINCOLN PARK
           DESIGNATING THE BOROUGH CLERK AS ISSUING AUTHORITY

be passed on First Reading; and

              BE IT FURTHER RESOLVED that said Ordinance be considered for Final
Passage at the Meeting of the Governing body of the Borough of Lincoln Park on the
20th day of November, 2006 at approximately 7:30 PM in the Municipal Building at which
time and place all persons interested shall be given an opportunity to be heard
concerning said Ordinance; and

              BE IF FURTHER RESOLVED that the Clerk be authorized and directed to
advertise said Ordinance with a Notice of Introduction thereof in the Suburban Trends
according to law.

Kerwin: So MOVED

Gresko: SECOND

Runfeldt: Call the Roll please.

Yes:         Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:          None
Absent:      Harrigan
Abstain:     None
                                   October 16, 2006
                                          3
The Resolution was Adopted.

Runfeldt: For Introduction 16-06 Amend Chapter 157, Peddling & Soliciting.

The Clerk read the following Resolution:

              BE IT RESOLVED, that an Ordinance entitled:

                ORDINANCE AMENDING CHAPTER 157, PEDDLING
                AND SOLICITING, OF THE CODE OF THE BOROUGH
                              OF LINCOLN PARK

       be Introduced and Read by Title on First Reading by the Clerk.

Kerwin: So MOVED

Wild: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.

Runfeldt: Questions or comments? Please read it again.

The Clerk read the following Resolution.

              BE IT RESOLVED, that an Ordinance entitled:

                ORDINANCE AMENDING CHAPTER 157, PEDDLING
                AND SOLICITING, OF THE CODE OF THE BOROUGH
                              OF LINCOLN PARK

be passed on First Reading; and

              BE IT FURTHER RESOLVED that said Ordinance be considered for Final
Passage at the Meeting of the Governing Body of the Borough of Lincoln Park on the
20th day of November, 2006 at approximately 7:30 PM in the Municipal building at which
time and place all persons interested shall be given an opportunity to be heard
concerning said Ordinance; and

              BE IT FURTHER RESOLVED that the Clerk be authorized and directed to
advertise said Ordinance with a Notice of Introduction thereof in the Suburban Trends
according to law.

Kerwin: So MOVED

Gresko: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.
                                   October 16, 2006
                                          4


Runfeldt: Ordinance 17-06 Authorize Sale of Borough Lands Formerly Comprising the
Paper Street “Mabey Lane”.

The Clerk Read the following Resolution:

               BE IT RESOLVED, that an Ordinance entitled:

           ORDINANCE TO RELEASE, VACATE, AND EXTINGUISH
     ANY AND ALL PUBLIC RIGHTS IN AND TO A PORTION OF MABEY LANE

be Introduced and Read by Title on First Reading by the Clerk.

Kerwin: So MOVED

Wild: SECOND

Runfeldt: Call the Roll.

Yes:           Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:            None
Absent:        Harrigan
Abstain:       None

The Resolution was Adopted.

Runfeldt: Questions or comments? Read it again.

The Clerk read the following Resolution:

       BE IT RESOLVED, that an Ordinance entitled:

           ORDINANCE TO RELEASE, VACATE, AND EXTINGUISH
     ANY AND ALL PUBLIC RIGHTS IN AND TO A PORTION OF MABEY LANE

be passed on First Reading; and

       BE IT FURTHER RESOLVED that said Ordinance be considered for Final
Passage at the Meeting of the Governing Body at the Borough of Lincoln Park on the
20th day of November, 2006 at approximately 7:30 PM in the Municipal Building at which
time and place all persons interested shall be given an opportunity to be heard
concerning said Ordinance; and

       BE IT FURTHER RESOLVED that the Clerk be authorized and directed to
advertise said Ordinance with a Notice of Introduction thereof in the Suburban Trends
according to law.

Kerwin: So MOVED

Wild: Second

Runfeldt: Call the Roll.

Yes:           Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:            None
Absent:        Harrigan
Abstain:       None

The Resolution was Adopted.
                                     October 16, 2006
                                            5

Runfeldt: For Introduction Ordinance 18-06 Release, Vacate and Extinguish any and all
Public Rights in and to a Portion of Mabey Lane.

The Clerk read the following:

              BE IT RESOLVED, that an Ordinance entitled:

           ORDINANCE AUTHORIZING THE SALE OF BOROUGH LANDS
                 FORMERLY COMPRISING THE PAPER STREET
              “MABEY LANE” AND CONSTITUTING LESS THAN 1/8TH
             OF THE MINIMUM SIZE REQUIRED FOR DEVELOPMENT
           UNDER THE MUNICIPAL ZONING ORDINANCE, PURSUANT TO
                 THE PROVISIONS OF N.J.S.A. 40A: 12-13 (b)(5).

       be introduced and Read by Title on First Reading by the Clerk.

Kerwin: So MOVED

Nadel: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.

Runfeldt: Questions or comments? The sale price listed in the Ordinance is from Tom
Lenhardt representing the fair market value of those properties.

Kerwin: Have the purchasers agreed to these prices?

Maiella: I believe copies were made available to the gentleman who was at the meeting
two weeks ago or Ellen Ross called him after we prepared that. I don’t know if he
stopped by to pick it up or not. We did make an attempt to contact him.

Dixon: We had indicated at the time of the meeting that they attended that the price or
the cost would be whatever the cost incurred by the Borough associated with the
adoption, publication etc. and that’s what I believe the numbers reflect.

Maiella: This is based on the estimate of property value taken as excess land as
compared to the minimum that would be required. So I think that it’s taken as 50% of
what like a 15,000 sq ft lot it’s taken at 50% of what that land value would be, and again
it’s only for the portions that we are selling.

Kerwin: Right, so it’s only for the paper street.

Dixon: Half a paper street.

Wild: So it’s not going to cost us anything at all for this transaction?

Maiella: Yes, they are responsible for that to and they will also be responsible for
Dave’s time, advertising fees etc.

Runfeldt: So basically we are giving them half and they are paying for half. Please
read it again.
                                    October 16, 2006
                                           6

The Clerk read the following Resolution:


              BE IT RESOLVED, that an Ordinance entitled:

           ORDINANCE AUTHORIZING THE SALE OF BOROUGH LANDS
                 FORMERLY COMPRISING THE PAPER STREET
              “MABEY LANE” AND CONSTITUTING LESS THAN 1/8TH
             OF THE MINIMUM SIZE REQUIRED FOR DEVELOPMENT
           UNDER THE MUNICIPAL ZONING ORDINANCE, PURSUANT TO
                 THE PROVISIONS OF N.J.S.A. 40A: 12-13 (b)(5).

       be passed on First Reading; and

              BE IT FURTHER RESOLVED that said Ordinance be considered for Final
Passage at the Meeting of the Governing Body of the Borough of Lincoln Park on the
20th day of November, 2006 at approximately 7:30 PM in the Municipal Building at which
time and place all persons interested shall be given an opportunity to be heard
concerning said Ordinance; and

              BE IT FURTHER RESOLVED that the Clerk be authorized and directed to
advertise said Ordinance with a Notice of Introduction thereof in the Suburban Trends
according to law.

Kerwin: So MOVED

Gresko: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.

Runfeldt: For Introduction 19-06 Authorize Service Agreement Amendment.

Dixon: Actually this Ordinance only is for the Amendment to the Service Agreement of
PBSA the Agreement with Riverdale is by Resolution so this is Ordinance only governs
the service agreement amendment with TBSA. That amendment is for the other
agreement, the agreement, which is authorized, by Resolution and the reason we are
doing this is because the consensus from those involved in the matter was that an
Ordinance is required to approved this. I disagree with that position because the
Ordinance is required to approve the original service agreement, whereas, for the
amendments for the service agreements which is what this is, I believe that the
Interlocal Services Act and the (indiscernible) Resolution. But rather than spitting into
the wind against everyone else’s opinion I felt it best to proceed with to approve it by
Ordinance.

Runfeldt: Because with Pequannock we just did Resolution and that was no problem.

Dixon: And that was no problem. However, we are dealing with different parties in this
particular transactions and different egos I guess you could say.

Kerwin: Joe is this is being done for TBSA or for

Dixon: Just TBSA

Kerwin: or for Riverdale and PRBRSA?
                                    October 16, 2006
                                           7
Dixon: This is the Service Agreement Amendment that reflects the sale that we have
with Riverdale. This is not the agreement with Riverdale. This is the agreement with
TBSA and the members of TBSA, so
Runfeldt: Isn’t that the same members that were there when we sold it to Pequannock.

Dixon: But PRBRSA is actually a party to the other agreement so therefore they felt
they had to put their two cents worth in. I disagree, however, it’s been agreed by all the
representative parties Fairfield included that it would be best to proceed as an
Ordinance.

Runfeldt: Do we need to revisit anything with Pequannock?

Dixon: No it’s just a matter. .

Baker: Our agreement was with Pequannock. Basically when we passed the
Resolution TBSA accepted it and that was that. This is an agreement, what PRBRSA is
saying is that the agreement is null and void unless we have an agreement with
everybody that everybody changes their service agreement to reflect this.

Runfeldt: Ok. Please read it.

              BE IT RESOLVED, that an Ordinance entitled:

                              ORDINANCE AUTHORIZING
                           SERVICE AGREEMENT AMENDMENT

       be Introduced and Read by Title on First Reading by the Clerk.

Nadel: So MOVED

Gresko: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.

Runfeldt: Any other questions?

Dixon: I have to say thought that the Service Agreement Amendment and the
Agreement with Riverdale, is the same agreement that we have been looking at for the
past year. It has not changed at all in that time. It’s just been delayed by various
individuals for whatever reason. Not the Borough, the Borough has been ready, willing
and able to proceed with both agreements for over a year.

Runfeldt: Read it again please.

              BE IT RESOLVED, that an Ordinance entitled:

                              ORDINANCE AUTHORIZING
                           SERVICE AGREEMENT AMENDMENT

be passed on First Reading; and

              BE IT FURTHER RESOLVED that said Ordinance be considered for Final
Passage at the meeting of the Governing body of the Borough of Lincoln Park on the
20th day of November, 2006 at approximately 7:30 PM in the Municipal building at which
time and place all persons interested shall be given an opportunity to be heard
concerning said Ordinance; and
                                  October 16, 2006
                                            8
              BE IT FURTHER RESOLVED that the Clerk be authorized and directed to
advertise said Ordinance with a Notice of Introduction thereof in the suburban Trends
according to law.



Ordinance 19-06 Continued:

Nadel: So MOVED

Gresko: SECOND

Runfeldt: Call the Roll please.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.

ORDINANCES FOR ADOPTION:

Runfeldt: Ordinance for Adoption 12-06 Municipal Stormwater Management.

The Clerk read the following:

                     BE IT RESOLVED, that an Ordinance entitled:

                 AN ORDINANCE TO ESTABLISH STORMWATER
                CONTROL REGULATIONS FOR THE MANAGEMENT
                  OF STORM WATER WITHIN THE BOROUGH OF
                       LINCOLN PARK, MORRIS COUNTY,
                           STATE OF NEW JERSEY

be Read by Title on Second Reading and a Hearing held thereon.

Nadel: So MOVED

Kerwin: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.

Runfeldt: MOTION to go to PUBLIC please?

Thompson: So MOVED

Gresko: SECOND

Council President Runfeldt asked for a Voice Vote.

The PUBLIC HEARING was OPENED.

Thompson: MOTION to CLOSE the PUBLIC PORTION.

Kerwin: SECOND
                                   October 16, 2006
                                           9
Council President Runfeldt asked for a Voice Vote.

The PUBLIC HEARING was CLOSED.

Runfeldt: Read it again please.

Ordinance 12-06 Continued:

The Clerk read the following:

              BE IT RESOLVED, that an Ordinance entitled:

                 AN ORDINANCE TO ESTABLISH STORMWATER
                CONTROL REGULATIONS FOR THE MANAGEMENT
                       OF STORM WATER WITHIN THE
                 BOROUGH OF LINCOLN PAR, MORRIS COUNTY,
                          STATE OF NEW JERSEY

be passed on Final Reading and a Notice of Final Passage of said Ordinance be
published according to law.

Nadel: So MOVED

Wild: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Ordinance was Adopted.

Runfeldt: Adoption of Ordinance 13-06 Authorize Emergency Appropriation.

The Clerk read the following Resolution.

                     BE IT RESOLVED, that an Ordinance entitled:

                  AN ORDINANCE AUTHORIZING AN EMERGENCY
                       APPROPRIATION N.J.S.A. 40A:4-53

be Read by Title on Second Reading and a Hearing held thereon.

Thompson: So MOVED

Wild: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.

Runfeldt: MOTION to go to PUBLIC please?

Thompson: So MOVED

Wild: SECOND
                                   October 16, 2006
                                         10


Ordinance 13-06 Continued:

Council President Runfeldt asked for a Voice Vote.

Thompson: MOTION to CLOSE the PUBLIC PORTION

Kerwin: SECOND

Council President Runfeldt asked for a Voice Vote.

The PUBLIC PORTION was CLOSED.

Runfeldt: Read it again please.


The Clerk read the following Resolution.

                     BE IT RESOLVED, that an Ordinance entitled:

                  AN ORDINANCE AUTHORIZING AN EMERGENCY
                       APPROPRIATION N.J.S.A. 40A:4-53

be passed on Final Reading and a Notice of Final Passage of said Ordinance be
published according to law.

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Ordinance was Adopted.


Runfeldt: For Adoption Ordinance 14-06 Lease of Lanes Field.

The Clerk read the following Resolution:

                     BE IT RESOLVED, that an Ordinance entitled:

               ORDINANCE AUTHORIZING LEASE OF LANES FIELD
                   BETWEEN BOROUGH OF LINCOLN PARK
                 AND LINCOLN PARK BOARD OF EDUCATION

be Read by Title on Second Reading and a Hearing held thereon.

Thompson: So MOVED

Wild: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolution was Adopted.
                                   October 16, 2006
                                         11


Ordinance 14-06 Continued:


Runfeldt: MOTION to go to PUBLIC.

Gresko: So MOVED

Kerwin: SECOND

Council President Runfeldt asked for a Voice Vote.

The PUBLIC HEARING was OPENED.

Thompson: MOTION to CLOSE the PUBLIC HEARING

Kerwin: SECOND

Council President Runfeldt asked for a Voice Vote.

THE PUBLIC HEARING was CLOSED.

Runfeldt: Please read it again.

The Clerk read the following Resolution:


                     BE IT RESOLVED, that an Ordinance entitled:

               ORDINANCE AUTHORIZING LEASE OF LANES FIELD
                   BETWEEN BOROUGH OF LINCOLN PARK
                 AND LINCOLN PARK BOARD OF EDUCATION

be passed on Final Reading and a Notice of Final Passage of said Ordinance be
published according to law.

Wild: So MOVED

Gresko: SECOND

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Ordinance was Adopted.

V. RESOLUTIONS:

CONSENT AGENDA

Runfeldt: Resolutions. Now this goes with R06-251, is that correct?

Dixon: Yes, that’s correct and I note the questions the Council has with regard to the last
sentence about reimbursement under the addendum the reason that’s in there is the fact that
Riverdale doesn’t have any control over whether or not TBSA approves the Service Agreement
Amendment. They have proceeded with the agreement, are putting up the money, it’s going
to be placed into an interest bearing account in escrow. I can understand the disinterest in
having a reimbursement provision, however, if we can’t convey to them the gallon-age, if it’s
barred by TBSA they wanted a means by which the money could be returned. And I think it is
                                     October 16, 2006
                                           12


relatively unlikely that TBSA will be turning down this agreement, I am talking about I guess Hy
can give us some enlightenment

Nadel: No, they won’t turn it down. It’s such a good policy we are reimbursing on a deal that’s
been around for a year and should have been stomped on sooner and could have ended it
sooner with another client. Instead here we are in a position of if this thing falls through now
we have expended a lot of money on legal and all kinds of effort and I am very disturbed with
this because months ago we should have at least known that they are insisting on an
Ordinance or something and pursued it then. This is not a way to do business. A lot of money
involved and we are out a lot of loss our budget is going to be in a state of limbo because of
this and it’s very disturbing.

Runfeldt: I agree with Hy I mean even like you just said we have been ready to sell for the last
year we have done everything we haven’t changed anything, we ‘ve done everything we’ve
been asked I don’t see why

Dixon: I don’t think it’s going to be a problem to delete that paragraph, because just as Hy had
indicated it’s very unlikely that TBSA will turn it down and I think Riverdale knows that.

Runfeldt: Okay so can we delete it and vote on it tonight. So we are deleting the entire
paragraph? Just do date of return payment period. Take away reimbursement of any
payment

Dixon: Just take out and reimbursement for any payment made. No what you do is take out
“the amount equal to the cost incurred on Bond or Note Interest of 6.2 etc. etc. through that
semicolon. It starts with the words “an amount equal to” and then ends with the semi colon
that comes out. But we will reimburse them of course the money they paid.

Nadel: Absolutely, yes.

Runfeldt: So we are going from the colon to the semi colon.

Dixon: That’s correct.

Runfeldt: So it will read Resolution 251 is going to read the entire first page, and then the
second page will just be if the conditions set forth in paragraphs a, b, and c are not satisfied by
February 1st 2007 this agreement shall be null and void and the payment of $6,250,000.00
shall be reimbursed to Riverdale along with the following. (Indiscernible)

Dixon: Which is the surcharge that they’ve given us.

Runfeldt: Reimbursement. …payment made to Lincoln Park for its carrying charges on …

Dixon: I should also point out that Riverdale won’t be during that time, making any payments
for the 250,000 gallons because TBSA won’t bill for that until after it’s been approved by the
membership so that’s surplus. That really isn’t necessary to have that in there.

Runfeldt: So we can delete everything after

Dixon: I wouldn’t delete that

Baker: Don’t delete that

Dixon: Don’t delete that because I like that provision.

Runfeldt: Okay, so we are just going from the colon to the semi colon that can all be taken out.

Dixon: That’s right

Clerk: What about the last paragraph? Lincoln Park shall return the said payments…

Runfeldt: We need to have date.
                                                October 16, 2006
                                                      13

Dixon: Thirty Days. I figure thirty days because that’s how long it would take for us to have a
Council Meeting once the termination occurred.

Runfeldt: Okay and not to be too specific here but, which semi colon are we going to? The first
one
or the second one?

Dixon: Just the first one so it will be the last word payment is deleted.

Gerber: The reimbursement of any payment pursuant to the interest also… go back to that?

Runfeldt: So they get their interest back too.

Dixon: They get their interest back but they’ve paid us and any money that they pay if they did
pay anything TBSA would guarantee it.

Runfeldt: Okay. Does everybody have that?

Clerk: This is attached to 251?

Dixon: This is attached to the agreement that is being approved by your Resolution R06-215.

Clerk: So you are going to include the new copy in the agreement that you are going to send
me.

Dixon: Yes, that’s right.

Maiella: So Riverdale is adopting this tonight?

Dixon: Yes

Maiella: Suppose they adopt a differently than we do?

Dixon: They will be adopting it differently than we do, we will just simply have to get an
amendment.
They will have to amend their agreement.

Runfeldt: Okay in which case we need a motion and a second on Consent Agenda
Resolutions, R06-13, and R06-243 through R06-257.

Nadel: So MOVED

Kerwin: SECOND


                                                 RESOLUTION R06-13

       BE IT RESOLVED by the Governing Body of the Borough of Lincoln Park, that the
following FEES AND CHARGES shall be effective for and during the year 2006:

       Master Plan Up-date & Reports. (without attachments). . . .                              $ 50.00
       Housing Element . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          $ 75.00
       Circulation Element. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         $ 25.00
       DRO (Development Review Ordinance). . . . . . . . . . . . . . .                          $100.00
       Zoning Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       $ 15.00
       Street Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    $ 10.00
       Flood Hazard Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          $ 10.00
       Tax Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   $ 5.00 ea. pg.
       Flood Drainage Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           $ 75.00 ea. pg.
       Water or Sewer Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           $ 75.00 ea. pg.
       Topographical Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          $ 75.00 ea. pg.
       Towing Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        $100.00
       Lincoln Park Code Book. . . . . . . . . . . . . . . . . . . . . . . . . . . .            $100.00
                                              October 16, 2006
                                                    14

Resolution R06-13 Continued:


      Stormwater Management Ordinance. . . . . . . . . . . . . . . . . .                     $ 75.00
      Thonet Maps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     $ 15.00 ea. pg.
      Photocopies/Original Pages:                            1-10 pages. . . . .             $    .75 ea. pg.
                                                             11-20 pages. . . .              $    .50 ea. pg.
                                                             Over 20 pages. .                $    .25 ea. pg.
      Municipal Tax Records e-file (through internet). . . . . . . . . . .                   $ 12.00 per
                                                                                                request
      Raffle Licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                 On Premise Draw Raffle for Cash (50/50) or merchandise
                 (exceeding $400.00 total prize value)            $20.00 for each
                                                                  day on which a
                                                                  drawing is to be
                                                                  conducted under license
                                                                  to State
                                                                  $20.00 to Borough
                                                                  for each day on which a
                                                                  drawing is to be conducted
                                                                  under license

               On Premise Draw Raffle for cash (50/50) or merchandise (not exceeding
               $400.00 total prize value) no licensing fee. If the raffle should exceed
               $400.00, then submit $20.00 at time of the filing report of operations
               to state. If the raffle should exceed $400.00, then submit $20.00 at time of the
               filing report of operations to Borough.


               Off-Premise Draw Raffle awarding merchandise as a prize (for each
               $1,000 or part thereof):                         $20.00 to State
                                                                $20.00 to Borough

               Carnival Games or Wheel $20.00 for each game or wheel held on any one
               Day, or any series of consecutive days not exceeding 6 at
               one location.                                        $20.00 to State ea.
                                                                    game
                                                                    $20.00 to Borough
                                                                    ea. game

               Off-Premise cash (50/50) raffle: a $20.00 fee at application. If more than
               $1,000 in awarded prizes, then $20.00 per $1,000 in awarded prizes or part
               thereof.                                              $20.00 ea. $1,000
                                                                     to State
                                                                     $20.00 ea. $1,000
                                                                     to Borough

                Special Door Prize Raffle: no fee and no license provided the merchandise is
               wholly donated and has a retail value of less than $50.00. NOTE: cannot be
               conducted when other games of chance are being conducted, held or operated.

               Calendar Raffle: $20.00 (for each $1,000 or part thereof of the retail value of
               the prize).                                  $20.00 to State
                                                     $20.00 to Borough

               Instant Raffle: For each day on which instant raffle tickets are sold or offered for
               sale or for one (1) year license:      $20.00 for ea. day
                                                                      to State or $750 to
                                                                      State for one (1)
                                                                      year.

                                                                                             $20.00 foe ea. day
                                               October 16, 2006
                                                     15

Resolution R06-13 Continued:

                                                                                               to Borough or $750
                                                                                               to Borough for one
                                                                                               (1) year

               Golf Hole-In-One: for each $1,000 or part thereof of retail value of ancillary
               prizes.                                       $20.00 to State
                                                                     $20.00 to Borough

               Armchair Race: per licensed day of operation.                                   $50.00 to State
                                                                                               $50.00 to Borough.

               Casino Nights: per occasion                                                     $100.00 to State
                                                                                               $100.00 to Borough

      Bingo License. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  $ 20.00 ea.
                                                                                          Occasion to State
                                                                                          $ 20.00 ea.
                                                                                          occasion to
                                                                                          Borough
      Hunting Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00
      Returned Check Charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25.00
      Landscaper Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25.00 for
                                                                                          Landscaper & 1st
                                                                                          Vehicle; $10.00
                                                                                          each additional
                                                                                          vehicle
      Film Makers Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . .


               a.   Basic Filming Permit. . . . . . . . . . . . . . . . . . . . . . . . $ 75.00
               b.   Expedited Processing of Permit Required. . . . . . . . $175.00
               c.   Daily Filming Fee (in addition to Basic Fee). . . . . . .$ 500.00 per day
               d.   Daily Filming Fee (Major Motion Picture). . . . . . . . $1,500.00 per day
               e.   Filming Permit Fee (Non-Profit filming for. . . . . . . . $ 25.00
                    educational purposes) (NO daily rate required)

      Carbon Monoxide Alarms/Fire Alarms. . . . . . . . . . . . . . . . . . . $ 35.00
      License Fees for Amusements and Devices. . . . . . . . . . . . . . $ 100.00

        BE IT FURTHER RESOLVED that the following FEES AND CHARGES shall be in
effect for and during the year 2006 for the LINCOLN PARK POLICE DEPARTMENT:

      Investigative Report :                                     1st page. . . . . . . .       $   .75
                                                                 Each add’l page.              Photocopy Fees
                                                                 Mailed                        $ 5.00

      Accident Report:                                           1st page. . . . . . . . $ .75
                                                                 Each add’l page. . Photocopy Fees
                                                                 Mailed                  $ 5.00

      False Alarms:                                              1-4 Calls. . . . . . . . FREE
                                                                 5-6 Calls. . . . . . . . $ 25.00
                                                                 7 & Up. . . . . . . . . . $ 50.00

      Buy and Sell Gold Permit. . . . . . . . . . . . . . . . . . . . . . . . . . .            $ 50.00
      Records Check. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       $ 15.00
      Pistol Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   $ 2.00
      Fire Arms ID Cards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        $ 5.00
      DVD/Audio Tapes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         $ 10.00 each
                                                 October 16, 2006
                                                       16


Photographs:

        All 8x10 Color. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    $ 10.00
        All 8x10 Black & White. . . . . . . . . . . . . . . . . . . . . . . . . . . . .          $ 6.00
        All 4x5 Color. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   $ 4.00
        All 4x5 Black & White. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         $ 4.00
        Photo ID’s as Required. . .(Solicitation, etc.) . . . . . . . . . . . .                  $ 25.00

                                                           ***

                                            RESOLUTION R06-243

        BE IT RESOLVED, by the Governing Body of the Borough of Lincoln Park that
the bills on a list filed in the Office of the Borough Clerk having been recommended for
payment by the Business Administrator, be and are hereby approved for payment;

       BE IT FURTHER RESOLVED that the Treasurer be and he hereby is authorized
to issue warrants in payment thereof when there are sufficient funds available to meet
them:

CHECK NO.                                      ACCOUNT                                           TOTAL

24129 through 24257                            Current                                 1,952,200.35
4817 through 4835                              Water Utility                              39,784.31
1756                                           Water Capital                              11,849.40
2151 through 2163                              General Capital                         1,031,976.15
0451 through 0455                              Accutrack                                   6,404.70
2044                                           General Trust                                 287.50
1179 through 1182                              D.A.R.E.                                      592.69
1486 through 1488                              Fed/State Grant                             1,492.85
1224                                           Food Pantry                                   551.64
1536                                           Recycling Trust                               271.26


                                            RESOLUTION R06-244

      WHEREAS, it was necessary to issue certain checks to carry on the order of
business of the Borough of Lincoln Park;

       NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough
of Lincoln Park that the action of the Mayor and Treasurer in issuing the following
checks be and is hereby confirmed:

ACCOUNT
CHK NO.          PAID TO                                 PURPOSE                                 AMOUNT

CURRENT

24129          Ellen Ross                                             Reimbursement                              102.69
24130          Payroll Agency                                      FICA for Sept.22,06                      15,527.67
24131          Payroll Agency                                       Payroll of 09/22/06                     75,032.77
24132          Net Payroll                                          Payroll of 09/22/06                    139,950.78
24133          CDW                                                    Police Software                         6,170.62
24134          Dell Services Sales                                   Software support                         1,530.00
24135          Hilltop Farm Condo.                                     3rd quarter 06                          634.36
24136          North Jersey Mun. Employees                            Oct.06 Payment                       118,545.00
24137          Treasurer, State of N.J.                             Pesticide Licenses                          360.00
24138          Net Payroll                                          Payroll of 10/06/06                     140,589.94
24139          Payroll Agency                                       Payroll of 10/06/06                     74,434.30
24140          Payroll Agency                                        FICA for 10/06/06                        14,841.92
24141          Feeney & Dixon LLP                                    Aug.06 Payment                            2,609.61
24142          Radio City Entertainment                          Christmas show Dec.1,06                       3,265.00
                                      October 16, 2006
                                            17
24143         L.P. Board of Ed.                 Payment School Tax Oct.06        1,178,537.08
24144         Ranor Overhead Door                 Replace check#24099               1,396.97

WATER UTILITY
4817(Conf.)   Payroll Escrow                       FICA for Sept.22,06                  834.74
4818(Conf.)   Payroll Escrow                       Payroll of Sept.22,06              3,748.62
4819(Conf.)   Net Payroll                          Payroll of Sept.22,06              7,468.50
4820(Conf.)   Net Payroll                           Payroll of Oct.6,06               7,210.10
4821(Conf.)   Payroll Escrow                        Payroll of Oct.6,06              3,655.66
4822(Conf.)   Payroll Escrow                        FICA for Oct.06,06                  807.85

GENERAL CAPITAL

2151(Conf.) Current Fund                                6 04 048 201                 5,622.75

ACCUTRACK

0451(Conf.) Current Fund                        Engineer's 08/12-08/25/06               625.00
0452(Conf.) Current Fund                        Engineer's 08/26-09/08/06             2,562.50
0453(Conf.) Current Fund                         Engineer's 09/09-09/22/06             175.00
0454(Conf.) Feeney & Dixon, LLP                       Escrow#17370                     142.20

TAX ASSESSMENT TRUST

1052(Conf.) Current Fund                               Bond Principal                7,000.00

                                             ***

                                  RESOLUTION R06-245


                               BOROUGH OF LINCOLN PARK
                                  COUNTY OF MORRIS
                                 STATE OF NEW JERSEY

                      EXPRESSING THE INTEREST OF THE
                  BOROUGH OF LINCOLN PARK IN THE FORMATION
                       OF THE CENTRAL PASSAIC RIVER
                          BASIN FLOOD COMMISSION

               WHEREAS, nothing has been done to address the recurring problem of
flooding in the Central Passaic River Basin; and

               WHEREAS, it is apparent that if any progress is to be made in the area of
flood control, it is essential for all of the municipalities in the Central Passaic River Basin
to come together and present one united voice in the fight to find long term solutions to
our flooding problems; and

             WHEREAS, the vehicle best suited to find long term solutions would be
the establishment of a Central Passaic River Basin Flood Commission; and

              WHEREAS, the focus of the Flood Commission would be to look at any
and all options to reduce flooding effects, develop strategies to gain support for a
solution and ultimately, get a project constructed; and

              WHEREAS, with a single strong voice, the likelihood of success is much
greater and that single voice should be the Central Passaic River Basin Flood
Commission.

             NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the
Borough of Lincoln Park that the Borough of Lincoln Park agrees to join the Central
Passaic River Basin Flood Commission; and
                                    October 16, 2006
                                          18

              BE IT FURTHER RESOLVED that the Mayor is hereby authorized to work
with the other municipalities in the Central Passaic River Basin to establish a Central
Passaic River Basin Flood Commission; and

        BE IT FURTHER RESOLVED that copies of this Resolution be sent to Senator
Robert Martin, Assemblyman Alex DeCroce and Assemblyman Joseph Pennachio, and
to all of the municipalities that form the Central Passaic River Basin.

                                           ***


                                RESOLUTION R06-246

                           BOROUGH OF LINCOLN PARK

              SPECIAL EMERGENCY RESOLUTION N.J.S.A. 40A:4-53

      WHEREAS, an ordinance has been adopted creating a special emergency
appropriation of $350,000 for Revaluation of Real Property and no adequate provision
was made in the 2006 budget for the aforesaid purpose, and N.J.S.A. 40A:4-53
provides for the creation of a special emergency appropriation for the purpose above
mentioned, and

     WHEREAS, the total amount of Emergency Appropriations created including the
appropriation to be created by this resolution is $350,000

     NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the
members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A:4-48
and 40A:4-53:

Resolution R06-246 Continued:

     I.   A special emergency appropriation be and the same is hereby made for

Revaluation of Real Property………………………………..                         $350,000

     2.   Total amount per ordinance is for $350,000 and the Borough Council hereby
          requests that an exclusion from the 5% “Cap” be granted by the Director of
          the Division of Local Government Services in accordance with P,L. 1981
          Chapter 56 in the amount of $70,000 per year in the budgets of the next five
          succeeding years commencing with the budgets of 2007 in accordance with
          40A:4-55 (C).

     3.   That an emergency note or notes be authorized not in excess of $350,000,
          the amount appropriated by Ordinance as stated above.

     4.   That said note or notes shall be dated October 16, 2006, may be renewed
          from time to time and at least 1/5 of all such notes and renewals thereof shall
          mature and be paid in each fiscal year thereafter until all are paid.

     5. That three certified copies of this Resolution be filed with the Director of the
        Division of Local Government Services.

                                           ***

                                RESOLUTION R06-247

                     RESOLUTION URGING THE NEW JERSEY
                         ATTORNEY GENERAL AND THE
                       STATE OF NEW JERSEY TO PROVIDE
                     FOR DEFENSE AND INDEMNIFICATION OF
                    MUNICIPAL POLICE OFFICERS AND POLICE
                         DEPARTMENTS VOLUNTARILY
                        SERVING ON STATE AND COUNTY
                       LAW ENFORCEMENT TASK FORCES
                                    October 16, 2006
                                          19

        WHEREAS, multiple municipal police departments and police officers throughout
New Jersey voluntarily serve on State and County Law Enforcement Task Forces for
investigative and prosecutorial purposes; and

       WHEREAS, such voluntary service on Law Enforcement Task Forces provide
the State with necessary personnel and manpower for major investigations and criminal
prosecutions; and

        WHEREAS, municipal police departments and police officers voluntarily serving
on such Task Forces are not only serving their municipal employers indirectly, but are
also directly benefiting the State of New Jersey; and

       WHEREAS, the State of New Jersey is generally required to provide defense
and indemnification for County Detectives who serve on Prosecutors’ Task Forces and
should also provide the same defense and indemnification to municipal police officers
voluntarily serving on such Task Forces; and

       WHEREAS, the New Jersey State Attorney General’s Office has taken the
position in pending litigation involving municipal police officers voluntarily serving on a
Prosecutor’s Law Enforcement Task Force that the State of New Jersey will not provide
a defense or indemnification for the municipal police officers and police departments
that had voluntarily served on the Task Force; and

       WHEREAS, the State of New Jersey’s denial of defense and indemnification for
municipal police departments and officers serving on such Task Forces is contrary to
the public interest o the State of New Jersey and is unfair to the municipalities and
municipal police officers that voluntarily serve on such Law Enforcement Task Forces;

       NOW, THEREFORE, BE IT RESOLVED, by the Borough of Lincoln Park, in the
County of Morris and State of New Jersey, that the Governing Body respectfully urges
the State of New Jersey and the Attorney General to recognize the need for municipal
police departments and officers to voluntarily serve on Law Enforcement Task Forces
and that such voluntary service provides the State of New Jersey with necessary
personnel and manpower for criminal investigations and prosecutions; and

       BE IT FURTHER RESOLVED, that the Governing Body of the Borough of
Lincoln Park respectfully urges the State of New Jersey and the Attorney General to
provide defense and indemnification for municipal police departments and officers
voluntarily serving on Law Enforcement Task Forces; and

       BE IT FURTHER RESOLVED, that the Borough Clerk is hereby authorized and
directed to forward a copy of this Resolution to Governor Jon S. Corzine, the Attorney
General, the Legislative Representatives of the 26th Legislative District, the Freeholders
of the County of Morris, Morn County Prosecutor Michael M. Rubbinaccio, the New
Jersey Police Chiefs’ Association, and all Morris County Municipalities.
                                            ***

                                 RESOLUTION R06-248

      BE IT RESOLVED by the Governing Body of the Borough of Lincoln Park, that
the Tax Collector is hereby authorized to make the following tax refunds in the year
2006:

Bl/Lt                Name                        Amount               Reason

125/21               Greenpoint Mtg.             $896.80              Pd. By Title
                                                                      Co. & Mtg.
                                                                      Co.

                                           ***
                                    October 16, 2006
                                          20


                                 RESOLUTION R06-249

               RESOLUTION AUTHORIZING AWARD OF NON-FAIR
             AND OPEN CONTRACT FOR BOND COUNSEL, WITHOUT
                   COMPETITIVE BIDDING, AS A NON-FAIR
                          AND OPEN CONTRACT


        WHEREAS, there exists a need for the Professional Services of a BOND
COUNSEL for the Borough of Lincoln Park, in the County of Morris, State of New
Jersey, for the remainder of the 2006 fiscal year, in accordance with the “Local Fiscal
Affairs Law” (N.J.S.A.40A: 5-1 et seq.), as a Non-Fair and Open Contract, pursuant to
the provisions of N.J.S.A. 19:44A-20.4 and/or N.J.S.A. 19:44A-20.5; and
        WHEREAS, Joseph Maiella, Purchasing Agent has determined and certified in
writing that the value of the services will exceed $17,500; and

       WHEREAS, the anticipated term of this contract is one (1) year; and

        WHEREAS, GARY WALSH, WINDELS, MARX, LANE AND MITTENDORF,
LLC, 120 ALBANY STREET PLAZA, NEW BRUNSWICK, NJ 08901 has completed
and submitted a Business Entity Disclosure Certification which certifies that GARY
WALSH, WINDELS, MARX, LANE AND MITTENDORF, LLC, 120 ALBANY STREET
PLAZA, NEW BRUNSWICK, NJ 08901 has not made any reportable contributions to a
political or candidate committee in the Borough of Lincoln Park in the previous one year
(2005 exempt), and that the contract will prohibit GARY WALSH, WINDELS, MARX,
LANE AND MITTENDORF, LLC, 120 ALBANY STREET PLAZA, NEW BRUNSWICK,
NJ 08901from making any reportable contributions through the term of the contract; and

        WHEREAS, the Chief Financial Officer of the Borough of Lincoln Park has
certified that
Resolution R06-249 Continued:

sufficient funds are available for said purpose in the current budget; and

       WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires
that the Resolution authorizing the award of contracts for “Professional Services”
without competitive bids and the contract itself must be available for public inspection;

      NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough
of Lincoln Park authorizes and directs that the Mayor, Borough Administrator, and/or
Purchasing Agent enter into a professional services contract with GARY     WALSH,
WINDELS, MARX, LANE AND MITTENDORF, LLC, 120 ALBANY STREET PLAZA,
NEW BRUNSWICK, NJ 08901 as described herein; and

              BE IT FURTHER RESOLVED that this contract is awarded without
competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5(1)
(a) of the Local Public Contracts Law because the contract is for a service performed by
a person(s) authorized by law to practice a recognized profession that is regulated by
law; and

      BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification
and the Determination of Value be placed on file with this Resolution; and

        BE IT FURTHER RESOLVED that a notice of this action shall be printed once in
the official newspaper as required by law.

                                           ***
                                    October 16, 2006
                                          21


                                RESOLUTION R06-250

        RESOLUTION AUTHORIZING CONTRACTS (4) FOR THE SUPPLY
   AND DELIVERY (#1), CONSTRUCTION OF FOOTINGS & FOUNDATIONS (#2),
   ASSEMBLY & INSTALLATION OF THREE (3) ANTENNA TOWERS (#3), AND
     INSTALLATION & WIRING OF ANTENNAS (#4) FOR THE DEPARTMENT
        OF PUBLIC WORKS, HOSE COMPANY #1 & HOSE COMPANY #2

        WHEREAS, the Borough of Lincoln Park has a need to acquire & install three
(3), new radio antennae for the new Department of Public Works, Hose Company #1,
and Hose Company #2, have received competitive quotes from TESSCO, 11126
McCormick Rd, Hunt Valley, MD, 21031-1494 (supply & delivery)(“TESSCO”), for the
sum of $5,200.00 total, as a fair and open contract, pursuant to the provisions of
N,.J.S.A. 19:44A-20.4; Joe Fede, Inc., 12 Troy Lane, Lincoln Park, NJ, 07035
(construction of footings & foundations)(“Fede”), for the sum of $12,600.00, as a fair and
open contract, pursuant to the provisions of N,.J.S.A. 19:44A-20.4; Adventura, 133
Ryerson Road, Lincoln Park, NJ 07035 (Assembly and installation of three (3)
antenna towers)(“Adventura”), for the sum of $12,000.00, as a fair and open contract,
pursuant to the provisions of N,.J.S.A. 19:44A-20.4; and, ESS, 16 Worth St., South
Hackensack, NJ, 07606 (Installation of antennas & wiring)(“ESS”) for the sum of
$3,500.00, as a fair and open contract, pursuant to the provisions of N,.J.S.A. 19:44A-
20.4, copies of which are on file in the office of the Borough Clerk (hereinafter,
collectively, “Quotes”);and,

        WHEREAS, Captain Thomas Andrascik, of the Lincoln Park Police Department,
by memoranda dated September 7, 2006, and Joseph Maiella, Borough Administrator,
by memorandum dated September 26, 2006, have recommended that the contracts for
the supply & delivery (1), construction of footings & foundations (2), assembly and
installation of three (3) antenna towers (3), and installation of antennas & wiring, be
awarded to, respectively, TESSCO, Fede, Adventura, and ESS (Memos”); and,

       WHEREAS, the Borough Administrator has determined and certified in writing
that the value of each of the four (4) contracts will not exceed $17,500, do not exceed
the bid threshold pursuant to the Local Public Contracts Law, and are not subject to the
provisions of the Pay-to-Play Law; and

        WHEREAS, the Chief Financial Officer of the Borough of Lincoln Park has
certified that sufficient funds are available for said purpose in the current budget.

       NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough
of Lincoln Park, as follows:

       1. The Mayor, Borough Administrator and Chief Financial Officer are hereby
authorized and directed to execute contracts for and/or approve and forward Purchase
Requisition(s) to TESSCO, Fede, Adventura, and ESS, for the supply & delivery (1),
construction of footings & foundations (2), assembly and installation of three (3) antenna
towers (3), and installation of antennas & wiring, for the Department of Public Works,
Hose Company #1 & Hose Company #2, in accordance with the Quotes of TESSCO,
Fede, Adventura, and ESS, and the Memos of Captain Thomas Andrasik and Joseph
Maiella, Borough Administrator, on file in the Office of the Borough Clerk; and,

      2. Mayor, Borough Clerk, Borough Administrator, and Chief Financial Officer, are
hereby authorized and directed to execute, on behalf of the Borough of Lincoln Park,
any and all documents necessary to effectuate the purposes hereof.

                                           ***

                                RESOLUTION R06-251

      WHEREAS, the Borough of Lincoln Park desires to enter into an agreement with
the Pequannock River Basin Regional Sewerage Authority (“PRBRSA”) and the
Borough of Riverdale (“RIVERDALE”), for the sale of 250,000 gallons per day of its
                                    October 16, 2006
                                          22


Resolution R06-251 Continued:

excess sewerage capacity to RIVERDALE; and,

       WHEREAS, in order to effectuate the foregoing agreement, the Service
Agreement governing the Two Bridges Sewerage Authority (“TBSA”), will be required to
be modified and/or amended, to reflect the re-allocation of capacity, the Main Sewer
Factor, and the Treatment Plant Factor, in accordance with the proposed Service
Agreement Amendment, a copy of which is on file in the Office of the Borough Clerk;

       NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough
of Lincoln Park that the Mayor, Borough Administrator, Borough Clerk and/or the
Borough’s TBSA representatives/commissioners, are hereby authorized and directed to
execute, on behalf of the Borough of Lincoln Park, the proposed TBSA Service
Agreement Amendment, as an Inter-local Services Agreement, pursuant to the
Interlocal Services Act (N.J.S.A. 40:8A-1 et seq.), in the form on file in the office of the
Borough Clerk;

       BE IT FURTHER RESOLVED, that the Mayor and Borough Clerk, are hereby
authorized and directed to execute, on behalf of the Borough of Lincoln Park, the
proposed Agreement, between and among the Borough of Lincoln Park, PRBRSA,
and/or RIVERDALE, for the sale of 250,000 gallons per day of its excess sewerage
capacity to RIVERDALE, as an Inter-local Services Agreement, pursuant to the
Interlocal Services Act (N.J.S.A. 40:8A-1 et seq.), in the form on file in the office of the
Borough Clerk.

                                           ***

                                 RESOLUTION R06-252

       WHEREAS, the Borough of Lincoln Park is required to charge & collect fees for
the issuance of Raffle & Games of Chance licenses for charitable, religious & other,
non-profit organizations, which fees are set and determined by the State of New Jersey,
Legalized Games of Chance Control Commission (hereinafter, “Commission”); and

      WHEREAS, the Commission has recently raised the fees for issuance of Raffle &
Games of Chance licenses, and is considering further, substantial increases in the
same; and

       WHEREAS, the proposed increases in fees will make it substantially difficult for
charitable, religious, and other, non-profit groups to raise funds to support their
charitable & public service activities;

       NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough
of Lincoln Park that we hereby express our strong objection to any further increase in
fees charged for the issuance of Raffle & Games of Chance licenses, as set by the
State of New Jersey, Legalized Games of Chance Control Commission;


       BE IT FURTHER RESOLVED that a copy this resolution and a letter, expressing
the Borough’s strong opposition to any further increases in the fees for issuance of
Raffle & Games of Chance licenses, be forwarded to the Commission, and the
Borough’s State Senate and Assembly delegation.

                                           ***
                                   October 16, 2006
                                         23


                                RESOLUTION R06-253

        WHEREAS, the Borough of Lincoln Park has, for over twelve (12) years,
participated in a program with the State of New Jersey to cover the cost of the
Borough’s share of early-retirement pension contributions, by annual contributions to by
annual contributions to the State Public Employees Retirement System (PERS), over a
period of thirty (30) years, and

       WHEREAS, the State of New Jersey, has and continues to charge the Borough
interest on the outstanding balance, presently at the rate of approximately 8 ½% per
annum; and,

       WHEREAS, the Borough of Lincoln Park finds that the interest rate charged by
the State of New Jersey is exorbitant & unjustifiable, and, despite prior requests, the
State of New Jersey has refused to reduce the rate of interest charged to participating
municipalities, and, further, has refused to allow the Borough to pay-off the entire
indebtedness in a single, lump-sum;

       NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough
of Lincoln Park that we hereby express our strong objection to the interest rate charged
by the State of New Jersey on the Borough’s contribution for its share of pension
contributions for early-retirees, and request that the State of New

                                          ***

                                RESOLUTION R06-254

      WHEREAS, HOBART BUILDERS. LLC , had heretofore deposited with the
Borough of Lincoln Park, an escrow in connection with a Road Opening Permit for
premises located at 11 Zeliff Place, Block 138, Lot 5; and

       WHEREAS, HOBART BUILDERS. LLC has submitted a written request, on file
in the Office of the Chief Financial Officer, that unused escrow funds be returned; and

       WHEREAS, Dennis Gerber, Chief Financial Officer for the Borough, has reported
in his Certification of Funds for Release of Escrow Money, that a balance does remain
in the 2006 General Trust Escrow Account – Bank Account #107-019-8491, Escrow
Account #1937 and may be refunded to HOBART BUILDERS. LLC; and

       WHEREAS, Joseph Maiella, Borough Engineer, has inspected the premises, and
has reported that the applicants have complied with/satisfied all of the required
conditions, and has submitted a report, dated September 26, 2006, on file in the Office
of the Borough Clerk, recommending release of the remaining escrow funds;

       NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the
Borough of Lincoln Park, that funds on deposit from HOBART BUILDERS. LLC, in the
2006 General Trust Escrow Account – Bank Account #107-019-8491, Escrow Account
#1937 in connection with a Road Opening Permit for premises located at 11 Zeliff Place, be
and hereby are ordered released/refunded by the Borough subject to the CFO first
confirming that all bills (submitted or pending) from the Board Attorney, as well as,
reimbursement to the Borough Engineer’s salary account have been properly and fully
satisfied.

                                            ***
                                           October 16, 2006
                                                 24


                                         RESOLUTION R06-255

      WHEREAS, PBS Services, had heretofore deposited with the Borough of Lincoln
Park, an escrow in connection with a Site Plan Exemption #SPE06-3 for premises
located at 60 Beaver Brook Road, Block 5 Lot 20; and

       WHEREAS, PBS Services has submitted a written request, on file in the Office
of the Chief Financial Officer, that unused escrow funds be returned; and

       WHEREAS, Dennis Gerber, Chief Financial Officer for the Borough, has reported
in his Certification of Funds for Release of Escrow Money, that a balance does remain
in the 2006 General Trust Escrow Account – Bank Account #107-019-8491, Escrow
Account #1917 and may be refunded to PBS Services; and

       WHEREAS, Joseph Maiella, Borough Engineer, has inspected the premises, and
has reported that the applicants have complied with/satisfied all of the required
conditions, and has submitted a report, dated September 26, 2006, on file in the Office
of the Borough Clerk, recommending release of the remaining escrow funds;

        NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the
Borough of Lincoln Park, that funds on deposit from PBS Services, in the 2006 General
Trust Escrow Account – Bank Account #107-019-8491, Escrow Account #1917 in
connection with Site Plan Exemption #SPE06-3 for premises located at 60 Beaver Brook
Road, be and hereby are ordered released/refunded by the Borough subject to the CFO
first confirming that all bills (submitted or pending) from the Board Attorney, as well as,
reimbursement to the Borough Engineer’s salary account have been properly and fully
satisfied.

                                                      ***

                                         RESOLUTION R06-256

                    RESOLUTION AUTHORIZING EXECUTIVE SESSION
                           BOROUGH OF LINCOLN PARK

       WHEREAS, the Governing Body of the Borough of Lincoln Park is subject to
certain requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq.; and

      WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-12, provides that an
Executive Session, not open to the public, may be held for certain specified purposes
when authorized by Resolution; and

       WHEREAS, it is necessary for the Governing Body of the Borough of Lincoln
Park to discuss in a session not open to the public certain matters relating to the item or
items authorized by N.J.S.A. 10:4-12b and designated below:

        1.       Matters Required by Law to be Confidential: Any matter which, by express provision
of Federal Law or State Statute or rule of Court shall be rendered confidential or excluded from the
provisions of the Open Public Meetings Act.

       2.      Matters Where the Release of Information Would Impair the Right to Receive
Funds: Any matter in which the release of information would impair a right to receive funds from the
Government of the United States.

          3.      Matters Involving Individual Privacy: Any material the disclosure of which constitutes
an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or
other personal material of any educational, training, social service, medical, health, custodial, child
protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or
institution operated by a public body pertaining to any specific individual admitted to or served by such
institution or program, including but not limited to information relative to the individual’s personal and
family circumstances, and any material pertaining to admission, discharge, treatment, progress or
condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his
guardian) shall request in writing that the same be disclosed publicly.
                                             October 16, 2006
                                                   25

       4.       Matters Relating to Collective Bargaining Agreements: Any collective bargaining
agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining
agreement, including the negotiation of the terms and conditions thereof with employees or
representatives of employees of the public body.
Resolution R06-256 Continued:

         5.       Matters Relating to the Purchase, Lease of Acquisition of Real Property or the
Investment of Public Funds: Any matter involving the purchase, lease or acquisition of real property
with public funds, the setting of banking rates or investment of public funds, where it could adversely
affect the public interest if discussion of such matters were disclosed.

         6.      Matters Relating to Public Safety and Property: Any tactics and techniques utilized in
protecting the safety and property of the public, provided that their disclosure could impair such
protection. Any investigations of violations of possible violations of the law.

        7.        ***Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege:
Any pending or anticipated litigation or contract negotiation in which the public body is, or may become a
party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in
order for the attorney to exercise his ethical duties as a lawyer.

        8.       Matters Relating to the Employment Relationship: Any matter involving the
employment, appointment, termination of employment, terms and conditions of employment, evaluation of
the performance of promotion or disciplining of any specific prospective public officer or employee or
current public officer or employee or appointed by the public body, unless all the individual employees or
appointees whose rights could be adversely affected request in writing that such matter or matters be
discussed as a public meeting.

        9.      Matters Relating to the Potential Imposition of a Penalty: Any deliberations of a
public body occurring after a public hearing that may result in the imposition of a specific civil penalty
upon the responding party or the suspension or loss of a license or permit belonging to the responding
party bears responsibility.

       NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough
of Lincoln Park, assembled in public session on the 16th day of OCTOBER, 2006, that
an Executive Session closed to the public shall be held on the 16th day of OCTOBER,
2006, at approximately 7:30 p.m. in the Borough of Lincoln Park Municipal Building, 34
Chapel Hill Road, Lincoln Park, New Jersey 07035, for the discussion of matters
relating to the specific items designated above;

      BE IT FURTHER RESOLVED that it is anticipated that the deliberations
conducted in Closed Session may be disclosed to the public upon the determination of
the Governing Body of the Borough of Lincoln Park that the public interest will no longer
be served by such confidentiality or at the conclusion of Litigation, Negotiations,
Contract Negotiations.
                                            ***

                                                RESOLUTION R06-257

      RESOLUTION AUTHORIZING NEGOTIATED SUM FOR THE PURCHASE OF
          BOROUGH LANDS FORMERLY COMPRISING THE PAPER STREET
       “MABEY LANE”, AND CONSTITUTING LESS THAN 1/8th OF THE MINIMUM
        SIZE REQUIRED FOR DEVELOPMENT UNDER THE MUNICIPAL ZONING
      ORDINANCE, PURSUANT TO THE PROVISIONS OF N.J.S.A. 40A:12-13(b)(5)

      WHEREAS, the Borough of Lincoln Park owns certain vacant properties (“Land(s)”)
not needed for public use, which are less than 1/8th of the minimum size required for
development under the Municipal Zoning Ordinance, contain no capital improvements
thereon, and are contiguous to lands owned by Chrystyna Panycia (Block 3, Lot 55.4) and
Richard Lucas (Block 3, Lot 55.3)(“Owner(s)”); and

      WHEREAS, the fair market value of the Land(s) have been negotiated between the
Borough and the Owner(s) of contiguous real property, in accordance with N.J.S.A. 40A12-
13(b)(5);

       NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough
of Lincoln Park, in the County of Morris, that the negotiated, fair market value of the
Land(s) shall be as follows:
                                   October 16, 2006
                                         26

        1.     Land adjoining Block 3 Lot 55.3: $3,336 and no/100
               ($3,336.00) Dollars;

        2.     Land adjoining Block 3, Lot 55.4: $6,044 and no/100
               ($6,044.00), Dollars.


                                           ***

Runfeldt: Call the Roll.

Yes:           Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:            None
Absent:        Harrigan
Abstain:       None

The Resolutions were Adopted.



MISCELLANEOUS/COUNCIL COMMITTEE REPORTS:

Runfeldt: Miscellaneous Council Committee Reports:

Gresko:

         1. CERT Class graduation on Tuesday 11/21/06 in Council Chambers at 7PM.

Kerwin:

         1. Squad was at Convention. No meeting was held.

Nadel:

         Nothing

Thompson:

         1. Police Department stated they have had complaints about speeders in some
            of the residential areas. Counters have been placed in those areas.

Wild:

         1. Planning Board has been working on changes to the DRO and a Steep Slope
            Ordinance. Meets on Thursday.

Runfeldt:

         Nothing

MAYOR’S AGENDA:

Baker:

         Nothing
                                   October 16, 2006
                                         27

VIII. PUBLIC HEARING:

Runfeldt: I need a motion to go to public?

Thompson: So MOVED

Gresko: SECOND

Council President Runfeldt asked for a Voice Vote.

The PUBLIC HEARING was OPENED.

Thompson: MOVED to CLOSE the PUBLIC HEARING.

Kerwin: SECOND

The PUBLIC HEARING was CLOSED.

IX. CLOSED SESSION:

Runfeldt: I need a Motion and Second for Closed?

Thompson: So MOVED

Kerwin: SECOND,

Council President Runfeldt asked for a Voice Vote. The meeting was CLOSED at 7:58
PM

Closed Session Matters Relating to Litigation, Negotiations and the Attorney Client
Privilege.

      1. EMS Building Project

The Meeting was reopened to the Public at 9:04 PM.


Runfeldt: We need a motion and a second on Resolution R06-258.

Dixon: Which will be to authorize Joseph Maiella Borough Administrator to retain the
services of a consultant for the purpose of assisting in the administration and
construction observation and inspection of the EMS Building Project for the Borough.

Nadel: So MOVED

Kerwin: Second


                                 Resolution R06-258



                     RESOLUTION AUTHORIZING EMERGENT
                  RETENTION OF CONSTRUCTION CONSULTANT
                     IN CONNECTION WITH EMS BUILDINGS
                    PROJECT, AS A PROFESSIONAL SERVICE

      WHEREAS, the Borough of Lincoln Park is currently at a critical stage of
construction in connection with the EMS Buildings Project, the Borough’s legal and
engineering professionals have strongly recommended that the Borough retain a
professional construction consultant, to undertake construction overall administration,
monitoring, inspection, review and approval in connection therewith, on behalf of the
Borough, and same will be required on an emergent basis, prior to the next, regular
                                 October 16, 2006
                                       28
meeting of the Governing Body; and,

      WHEREAS, the Governing Body has concluded that delay in the retention of a
construction consultant may cause substantial financial loss to the Borough in
connection with the EMS Buildings Project, that the need for same could not have been
foreseen at the time the agenda for the current meeting was issued, and that an
emergency exists requiring immediate action to avoid such financial loss; and,

      WHEREAS, the maximum amount of the contract will be $17,500.00, and the
Chief Financial Officer of the Borough has certified that funds are available for said
purpose in the current budget; and

WHEREAS, public bids are not required when the purchase is below the bid threshold,
in accordance with N.J.S.A. 40A: 11-1, et seq. of the Local Public Contracts Law, and
below the sum of $17,500.00, and is thus considered awarded through a “fair and open
process”, in accordance with N.J.S.A. 19:44A-1 et seq. of the “Pay-to-Play” law; and,

       NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough
of Lincoln Park, as follows:

       1. The Borough Administrator and Chief Financial Officer are hereby authorized
and directed to obtain proposals for professional, construction management services in
connection with the EMS Buildings Project, and to approve and forward a Purchase
Requisition to the selected firm for the conduct of such services, for a sum, not to
exceed $17,500.00; and,

       2. The Mayor, Borough Clerk, Borough Administrator, and Chief Financial Officer,
are hereby authorized and directed to execute, on behalf of the Borough of Lincoln
Park, any and all documents reasonably necessary to effectuate the purposes hereof.

       BE IT FURTHER RESOLVED that this contract is awarded without competitive
bidding, as a professional services contract and a copy of this Resolution shall be
advertised in accordance with law.

Runfeldt: Call the Roll.

Yes:          Council Members: Gresko, Kerwin, Nadel, Thompson, Wild and Runfeldt.
No:           None
Absent:       Harrigan
Abstain:      None

The Resolutions were Adopted.

X. ADJOURNMENT:

Thompson: MOTION to ADJOURN

Gresko: SECOND

There being no further business to come before the Council the Regular Meeting of
October 16, 2006 was Adjourned at 9:06PM.



                                 ______________________________
                                 David A. Runfeldt, Council President



___________________________________
Annette Maida-Smith, RMC
Borough Clerk

								
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