MAYOR AND
COUNCIL MEETING
BOROUGH OF
WANAQUE
MINUTES
January 14,
2008
A Regular Meeting of the Mayor and Council of the
Borough of Wanaque was held on Monday, January 14,
2008, at 8:00 P.M. in the
The Mayor called the meeting to order.
On roll call, the following Council Members responded: Balunis, Cisco, O’Connell, Pasquariello, Pettet, Theoharous. The Mayor declared a quorum. The Borough Attorney and Borough Engineer were present.
The Mayor read the following Sunshine Statement: This is a Regular Meeting of the Mayor and Council and adequate notice thereof has been given by advertising the dates, time and place of the Regular meetings in the Suburban Trends and the Herald News newspapers and was e-mailed to these papers on January 2, 2008, and a notice thereof has been posted on January 2, 2008 on the bulletin board in the Wanaque Municipal Building, 579 Ringwood Avenue, Wanaque, New Jersey and a copy thereof has been on file in the office of the Municipal Clerk.
PRESENTATION: Sports Award Certificates - Soccer
The Mayor and Councilman Balunis presented the Sports Award Certificates to the soccer team.
The Mayor said we’ll take a five minute recess at 8:25 P.M.
Reconvenement at 8:30 P.M.
On roll call, the following were present: Councilman Balunis, Councilwoman Cisco, Councilman O’Connell, Councilman Pasquariello, Councilman Pettet and Councilman Theoharous.
PROCLAMATIONS:
The Mayor read the following Proclamations:
Berta’s Chateau:
The Mayor also presented a plaque to Peter Bernstein.
PROCLAMATION
Office of the Mayor
WHEREAS, in 1925 Santina and Pietro Berta purchased the property of a local physician in Wanaque as a summer residence; and
WHEREAS, realizing that the home was too large for their family, leased a portion of the property to Leo Berta, who was not related to Santina and Pietro Berta, to start a restaurant; and
WHEREAS, after one year, Leo Berta decided not to renew the lease, and Berta’s Chateau was born under the guidance and cooking of Santina and Pietro Berta; and
WHEREAS, Berta’s Chateau drew many notable celebrities and professional sports players over the years, firmly establishing Berta’s Chateau with a reputation which crosses generations; and
WHEREAS, Berta’s Chateau is operated by the third generation of the family, Peter Bernstein and his family, and is celebrating it’s eightieth year of offering fine dining.
NOW, THEREFORE, I, Daniel Mahler, Mayor of the Borough of Wanaque, do hereby proclaim Sunday, February 10, 2008 as “Berta’s Chateau Day” in the Borough of Wanaque, honoring the legacy of the Berta family and celebrating their commitment to the Borough of Wanaque; and
FURTHERMORE, that the Borough Clerk be directed to spread this proclamation in full in the minutes of the meeting of the Governing Body of January 14, 2008 as a lasting tribute and testimony to Berta’s Chateau.
Dated: January 14, 2008
Katherine J. Falone – Municipal Clerk Daniel Mahler - Mayor
“National Wear Red for Women” – February 1, 2008:
“NATIONAL
WEAR RED FOR WOMEN”
WHEREAS, diseases of the heart are the nations leading cause of death and stroke is the third leading cause of death;
WHEREAS, cardiovascular diseases (CVD) claim the lives of more than 460,000 American females (about one death per minute) each year;
WHEREAS, each year, 53 percent of all cardiovascular disease deaths occur in females, as compared to 47 percent in men, and about 29,500 more females than males die from a stroke;
WHEREAS,
in 2008 the estimated direct and indirect cost of cardiovascular diseases and
stroke in the
WHEREAS, more women die of cardiovascular disease that the next five leading causes of death combined, including all cancers;
WHEREAS, only 13 percent of women consider cardiovascular disease their greatest health risk;
WHEREAS, February is designated as American Heart Month;
WHEREAS, Go Red For Women is the American Heart Association’s national movement and call to increase awareness about hearth disease – the leading cause of death for women-and to inspire women to love their hearts and take charge of their hearth health;
WHEREAS, all women should learn their own personal risk for heart disease, using tools such as the American Heart Association’s Go Red For Women Heart CheckUp and by talking to their healthcare provider;
NOW, THEREFORE, I Daniel Mahler, Mayor of Wanaque, in recognition of the importance of the ongoing fight against hearth disease and stroke, do hereby proclaim Friday, February 1, 2008 to be
“NATIONAL WEAR RED DAY FOR WOMEN”
in Wanaque and urge all citizens to “go red” for the day and wear red on February 1, 2008 to call attention to the magnitude of cardiovascular disease in women, and as a show of support to fight it, as well as in recognition of family, friends and neighbors who have suffered from cardiovascular disease. By increasing awareness of the risk factors for this devastating disease and taking actions to reduce them, we can save thousands of lives each year.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the Wanaque Borough this 14th day of January, 2008.
APPOINTMENT: Borough Attorney – Resolution #36-0-08
On entertainment of the Mayor, Councilmen O’Connell and Pasquariello moved that,
WHEREAS, on December 27, 2007 the Borough
of Wanaque announced through its official Municipal Website, http://www.wanaqueborough.com/ that
it was soliciting proposals for Borough Attorney under the “Fair and Open”
provisions of N.J.S.A. 19:44A-20.4 et seq.; and
WHEREAS, those proposals were received on January 10, 2008 by the Borough Administrator, who opened them and read them aloud; and
WHEREAS, upon review by the Borough Council it is agreed to make certain appointments under the “Fair and Open” provisions of the law;
NOW, THEREFORE, BE IT RESOLVED that the following professional appointments are made in accordance with N.J.S.A. 40A:11-5 et seq. and N.J.S.A. 19:44A-20.4 et seq.:
Borough Attorney – Anthony Fiorello Esq/Anthony Fiorello LLC
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available;
BE IT FURTHER RESOLVED that a copy of this Resolution shall be published in the Suburban Trends as required by Law.
On roll call, all voted yes, and the Mayor declared the motion carried.
MINUTES:
Regular Meeting of December 10, 2007 and Special Meeting of December 26, 2007.
On entertainment of the Mayor, Councilmen Balunis and O’Connell moved a motion to approve the Minutes of December 10, 2007.
On roll call, all voted yes, except Councilwoman Cisco who abstained and the Mayor declared the motion carried.
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion to approve the Minutes of December 26, 2007.
On roll call, all voted yes, except Councilwoman Cisco and Councilmen Pettet and Theoharous who abstained and the Mayor declared the motion carried.
ORDINANCES:
Introduction of Ord. #1-0-08:
Re: An Ordinance to amend Chapter 113 Entitled “Wood Furnaces Outdoor”
On entertainment of the Mayor, Councilmen Theoharous and O’Connell moved that Ordinance #1-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The Clerk took from the table and read by title only as follows:
AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO ADD A NEW CHAPTER 113, ENTITLED “WOOD FURNACES OUTDOORS”
On entertainment of the Mayor, Councilmen Theoharous and
O’Connell moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO
AMEND THE CODE OF THE BOROUGH OF WANAQUE, TO ADD A NEW CHAPTER 113, ENTITLED “WOOD FURNACES OUTDOORS” pass first reading,
and that said Ordinance be further considered for final passage and
adoption at a Meeting of the Borough Council to be held on the 11th day
of
February 2008, at the
at 8:00 P.M., and that at such time and place all persons interested be
given
an opportunity to be heard concerning said Ordinance; and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.
On roll call, all voted yes, and the Mayor declared the motion carried.
Introduction of Ord. #2-0-08:
Re:
Dissolution of
On entertainment of the Mayor, Councilmen Theoharous and O’Connell moved that Ordinance #2-0-08 be taken from the table and read by the Clerk, by title only, for consideration of first reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The Clerk took from the table and read by title only as follows:
AN ORDINANCE DISSOLVING THE
REGIONAL
SEWERAGE AUTHORITY, COUNTY OF
On entertainment of the Mayor, Councilmen Theoharous and
O’Connell moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE
DISSOLVING THE
AUTHORITY,
first reading, and that said Ordinance be further considered for final
passage and adoption at a Meeting of the Borough Council to be held on
the
11th day of February 2008, at the
of Wanaque at 8:00 P.M., and that at such time and place all persons
interested be given an opportunity to be heard concerning said Ordinance;
and
BE IT FURTHER RESOLVED that the Borough Clerk be instructed to publish in the manner provided by law a copy of said Ordinance, together with introduction thereof and notice when same will be considered for final passage and adoption.
On roll call, all voted yes, and the Mayor declared the motion carried.
PUBLIC
DISCUSSION:
The
Mayor opened the Public Discussion.
John
DiMeglio,
The Mayor said the Budget has a cap and it is difficult.
John DiMeglio spoke about the dissolution of the sewer authority and the expenses should be divided three ways between the towns.
John
Maiello,
The
Borough Administrator said there was a procedural change by the Local Finance
Board. We’re re-introducing the
ordinance and agreements/resolutions tonight and they will be sent to Ringwood
and
The Mayor closed Public Discussion.
CONSENT
AGENDA:
Two (2) Membership Applications for the Wanaque Volunteer Fire Department:
Re: 1) Joseph J. Gilmour – Company #2, 2) Russell A. Gilmour – Company #2
pending
results from
Two (2) Applications for Tow Truck Licenses:
Re:
1) Advanced Towing & Repairs, LLC,
2) Roberto’s Auto Body,
Resolution #26-0-08:
Re:
Cancel Tax for 2008 on Block 238,
WHEREAS,
Block 238,
WHEREAS, there is a total amount due for Block 238, Lot 4.01 in the amount of $57.96 for 2008;
NOW, THEREFORE, BE IT
RESOLVED that the Tax Collector shall cancel the 2008 tax on Block 238,
Resolution #27-0-08:
Re: Refund of overpayment of 2006 Tax on Block
200.12,
of $86.30
WHEREAS, there exists a tax overpayment on the property listed herein:
BLOCK
200.12 1 $86.30
WHEREAS, the owner has requested a refund of said overpayment;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $86.30 as per the certification of the Tax Collector.
Resolution #28-0-08:
Re: Refund of Tax overpayment of 2007
Tax on Block 313.07,
of
$250.00
WHEREAS, there exists a tax overpayment on the property listed herein as the owner of this property qualifies for a Widow of Veteran and all 2007 tax has been paid:
BLOCK
313.07 1.05 $250.00
WHEREAS, the owner has requested a refund of said overpayment;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $250.00 as per the certification of the Tax Collector.
Resolution #29-0-08:
Re:
Cancel Tax per lease agreement on Block 999, Lot 4.01, Block 301,
and
Block 249,
WHEREAS, Pulte Communities of NJ Limited Partnership is the owner of
Block
999
Block
301
Block
249
WHEREAS, the Borough of Wanaque has entered into a lease agreement with the same, and
NOW, THEREFORE, BE IT RESOLVED that as part of this lease agreement, the Tax Collector shall cancel the tax and accrued interest on these properties for the year 2008.
Resolution #30-0-08:
Re:
Cancel Tax for 2008 on Block 238,
WHEREAS,
Block 238,
WHEREAS, there is a total amount due for Block 238, Lot 2.01 in the amount of $55.20 for 2008;
NOW, THEREFORE, BE IT
RESOLVED that the Tax Collector shall cancel the 2008 tax on Block 238,
Resolution #31-0-08:
Re: Budgetary Transfers:
BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque that the following inter-appropriation transfers affecting the year 2008 Local Municipal Budget be approved:
BE IT FURTHER RESOLVED, that the proper Borough Officers are hereby directed to enter the said transfers on the financial records of the Borough:
FROM TO
Police S & W $40,000.00 DPW O.E. $40,000.00
7-CU-01-099-128 7-CU-01-132-287
Munic. Clerk O.E. $ 700.00 First Aid Squad $ 700.00
7-CU-01-104-212 7-cu-010128-291
Fire Prev. Bureau S&W $ 1,100.00 Fire Dept. O.E. $ 1,100.00
7-CU-01-09-131 7-CU-01-123-203
Munic. Clerk O.E. $ 935.00 Fire Dept. O.E.
7-CU-01-104-212 7-CU-01-123-203 $ 535.00
7-CU-01-123-208 $ 400.00
Recycling $ 7,000.00 Public Bldgs. O.E.
7-CU-01-135-252 7-CU-01-117-208 $ 4,000.00
-203 2,000.00
-208 1,000.00
Resolution #32-0-08:
Re: Payment #2 – Mike Fitzpatrick & Sons – Pump Station - $131,795.30
BE IT RESOLVED that current estimate #2 in the amount of $131,795.30 for the reconstruction of the Storms Avenue booster station be and is hereby approved to Mike Fitzpatrick & Son.
Application for Membership for the Wanaque Volunteer Fire Department:
Re: Michael Mahoney – Company #1 pending results from Chilton
Occupational
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved a motion to approve the aforementioned Consent Agenda.
On roll call, all voted yes, and the Mayor declared the motion carried.
REGULAR REPORTS - PROFESSIONAL REPORTS:
1. Clerk's Receipts ‑ NONE.
2. Police Department Report - NONE.
3. Tax Collector's Report for December 2007 ‑ NONE.
4. Municipal Court Report for December 2007 ‑
5. Welfare Report for December 2007 - NONE.
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that reports be received and filed; and that all monies be turned over to the Treasurer.
On roll call, all voted yes, and the Mayor declared the motion carried.
___________________________
Daniel Mahler
Mayor
Engineer:
The Borough Engineer reported the
Borough Administator and I went out to
Administrator:
The Borough Administrator reported we’re working on the budget and waiting for the State on the budget for the cap law. Rock Salt there is a twenty percent increase in cost. On Friday last week I met with the Mayor and Councilwoman Cisco and the company that will be putting the chair lift for the stairs in. The price quote received was $8,000.00 for three chair lifts. They should be installed by the next council meeting. I would like to thank Councilwoman Cisco for her effort in getting this accomplished.
Attorney:
The Borough
Attorney reported on reviewing the recreation commission by-laws. Minor recommendations were made and should be
incorporated in the rules.
The Mayor said will that assessment affect us.
The Borough Administrator said it should be one percent. Regarding the cable tv we’ll get copies of Ringwood and West Milford Ordinances. I tried it with a camera and didn’t get it all in the frame picture. The sound we have to get also.
COMMUNICATIONS: None.
NEW BUSINESS:
Closed Session:
Re:
Litigation/Negotiation/Personnel
None.
UNFINISHED BUSINESS:
By-Laws of the Wanaque Recreation Commission:
The by-laws are being sent to the Borough Attorney for review.
Borough Hall meeting:
There will be an open house on January 29, 2008 from 6:00 P.M. to 7:30 P.M. and a Special Meeting to follow at 7:30 P.M.
The Borough Attorney reported on the status of the property.
The Borough Engineer reported on the status.
The Borough Attorney reported on the status of the license.
RESOLUTIONS:
Resolution #33-0-08:
Re:
Temporary Emergency – Smart Growth Grant
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that,
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #34-0-08:
Re: Award Bid – Rock Salt
On entertainment of the Mayor, Councilmen O’Connell and Pettet moved that,
WHEREAS, the
WHEREAS, the Borough of Wanaque wishes to utilize this contract for the purchase of rock salt.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Borough Clerk be and are hereby authorized and directed to enter into a subsidiary contract with International Salt Company, 655 Northern Blvd, Clarks Summit, PA 18411 for the purchase of up to 1500 tons of rock salt at the low bid price of $49.86 per ton; and
BE IT FURTHER RESOLVED that this is a subsidiary contract to the award of bid made by the Passaic County Board of Chosen Freeholders on September 12, 2006 and designated as contract #38-PCCP 08-1; and
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified that funds are available in budget account 8-CU-01-132-247.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #35-0-08:
Re:
Interlocal Agreement with Bloomingdale – Animal Control Services
On entertainment of the Mayor, Councilmen Pettet and Pasquariello moved that,
BE IT RESOLVED that the Mayor be and he is hereby authorized to execute the Interlocal Agreement between the Borough of Wanaque and the Borough of Bloomingdale for Animal Control Services effective January 1, 2007 through December 31, 2012.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #37-0-08:
Re: Authorizing the settlement of tax appeals by
by Stop and Shop for tax years 2006-2007
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
WHEREAS, Wanaque Building Associates, LLC by Stop and Shop has commenced two actions before the Tax Court of New Jersey under Docket Numbers 004918-2006 and 003697-2007, involving premises known and designated as Block 464 Lot 20 on the Borough Tax map, the same being commonly known as 4 Union Avenue, Wanaque, New Jersey; and
WHEREAS, the Borough did engage the services of Scott Holzhauer as an expert in tax assessments to assist the Borough of Wanaque in protecting it’s interests; and
WHEREAS, the said Scott Holzhauer has made an evaluation of the above premises, which are the subject of the tax appeals before the Tax Court and has rendered an opinion and has recommended settlement of the same; and
WHEREAS, the settlement is in the best interests of the Borough of Wanaque;
NOW,
THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Wanaque,
1. The Borough is hereby authorized to enter into a Stipulation of Settlement with respect to tax appeals filed by Wanaque Building Associates, L.L.C. by Stop and Shop, against the Borough of Wanaque in the Tax Court of New Jersey under Docket Numbers 004918-2006 and 003697-2007 relating to premises owned by Wanaque Building Associates, L.L.C. by Stop and Shop, being known and designated as Block 464 Lot 20, on the Borough of Wanaque Tax Map and being further known as 4 Union Avenue, Wanaque, New Jersey in the form annexed hereto.
2. The Borough Attorney Anthony Fiorello, Esquire, is hereby authorized to execute and enter into the Stipulation of Settlement annexed hereto and to take such other and further action as deemed appropriate by him, to conclude the above referenced litigation in accordance with the procedures of the Tax Court of New Jersey.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #38-0-08:
Re:
Proposed Sewer Dissolution Agreement with Ringwood and
On entertainment of the Mayor, Councilmen Pasquariello and O’Connell moved that,
AN AGREEMENT
BETWEEN THE BOROUGH OF WANAQUE, THE WANAQUE BOROUGH SEWERAGE AUTHORITY, AND THE
WHEREAS, the Borough of Wanaque has proposed that the Wanaque Valley Regional Sewerage Authority be dissolved and that its assets, debts and functions be assumed by the Wanaque Borough Sewerage Authority; and
WHEREAS, the
WHEREAS, the
WHEREAS, the
Borough of Wanaque and the Wanaque Borough Sewerage Authority wish to
compensate the
NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF WANAQUE that it approves the settlement between the Borough of Wanaque, the Wanaque Borough Sewerage Authority and the Township of West Milford whereby the Wanaque Borough Sewerage Authority will pay to the Township of West Milford the sum of $15,000 per year for ten (10) years, commencing with the initial payment to be made on the15th day of the month following the month in which the complete dissolution and merger of the Wanaque Valley Regional Sewer Authority into the Wanaque Borough Sewer Authority is consummated and thereafter annual payments shall be made on the anniversary date of the initial payment; and
BE IT FURTHER RESOLVED that the Borough of Wanaque and the Wanaque Borough Sewerage Authority agree to continue to accept septic haulers servicing West Milford and keep rates competitive with other receiving sewerage plants in the immediate area until such time at the sewerage treatment plant reaches capacity; and
BE IT FURTHER RESOLVED that the Wanaque Borough Sewerage Authority agrees to assume all direct costs associated with the dissolution of the Wanaque Valley Regional Sewerage Commission, including but not limited to legal and financial costs; and
BE IT FURTHER RESOLVED that this agreement is contingent upon the dissolution of the Wanaque Valley Regional Sewer Authority during 2007.
On roll call, all voted yes, and the Mayor declared the motion carried.
FINANCE REPORT:
Councilman Pettet said your Finance Committee respectfully reports that they have examined and approved the following and recommend that warrants be issued for their payment when the funds of the Borough of Wanaque are sufficient to meet them.
Vouchers:
CURRENT $148,313.36
CURRENT PRE-PAID 11,253.10
WATER OPERATING 27,173.23
WATER PRE-PAID 434.16
GENERAL CAPITAL 1,800.00
ESCROW BOOKKEEPER 5,917.50
PUBLIC ASSISTANCE 12,222.00
RECREATION TRUST 6,472.12
UNEMPLOYMENT/DISABILITY 149.57
ANIMAL TRUST 735.39___
TOTAL VOUCHERS $214,470.43
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: January 14, 2008
___________________________
Daniel Mahler
Mayor
Payrolls:
Councilmen Pettet and O’Connell moved a resolution approving the following payrolls:
Payroll #25 p/e 12/14/07 $206,350.91
Payroll #26 p/e 12/28/07 $195,376.54_
Payroll Total $401,727.45
GRAND TOTAL $616,197.88
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: January 14, 2008
________________________________
Daniel Mahler
Mayor
ADJOURNMENT:
On entertainment of the Mayor, Councilmen Pettet and O’Connell moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 8:30 P.M.
____________________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk