MAYOR AND COUNCIL MEETING
BOROUGH OF WANAQUE
MINUTES
Combined Meetings
June 9, 2008
A Business Meeting of the Mayor and Council of the
Borough of Wanaque was held on Monday, June 9, 2008, at 7:00 P.M. in the
The Mayor called the meeting to order.
On roll call, the following Council Members responded: Balunis, Cisco, Pasquariello, Pettet and Theoharous. Councilmen O’Connell was absent. The Mayor declared a quorum. The Borough Attorney and Borough Engineer were present.
The Mayor read the following Sunshine Statement: This is a Business 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.
MINUTES:
Regular Meeting of May 12, 2008.
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to approve the aforementioned minutes.
On roll call, all voted yes, and the Mayor declared the motion carried.
Application
to replace lights at Memorial Field
The Borough Administrator explained the history of the lighting at Memorial Field.
The Mayor opened the Public Hearing on the application.
Dennis Dondero, 6 War Veterans Place, Wanaque asked why are the lights being upgraded and when the games are over at the field the lights are left on.
The Borough Administrator said explained the lights no longer meet code and are manually turned on and off. The new system will automatically turn the lights on and off.
Dave DaSilva,
The Borough Administrator said we
still have to apply for $350,000.00 and not draw down from the loan if we
receive the $175,000.00
The Mayor closed the Public Hearing.
On entertainment of the Mayor, Councilman Balunis and Councilwoman Cisco moved a motion to table Ordinances #2-0-08 and #8-0-08 to the July 14, 2008 meeting.
On roll call, all voted yes, and the Mayor declared the motion carried.
ORDINANCES:
Public Hearing of Ord. #2-0-08:
Re:
Dissolution of
Held.
Public Hearing of Ord. #8-0-08:
Re: Bond Ordinance – Purchase of US Aluminum Property
Held.
Public Hearing of Ord. #10-0-08:
Re: Appropriating $75,000.00 from Capital Surplus to fund an environmental
Investigation of the
On entertainment of the Mayor, Councilman Theoharous and Councilwoman Cisco moved a motion that Ordinance #10-0-08 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The Clerk took from the table and read by title only as follows: AN
ORDINANCE APPROPRIATING $75,000.00 FROM
CAPITAL SURPLUS TO FUND AN ENVIRONMENTAL INVESTIGATION OF THE
This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.
The Mayor opened the Public Hearing.
Sandy Lawson,
The Borough Administator said yes it is a combined meeting. It is the property owner’s responsibility to be cleaned.
John Maiello,
Dave DaSilva,
The Mayor closed the Public Hearing.
Councilmen Pettet and Theoharous moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE
APPROPRIATING $75,000.00 FROM CAPITAL SURPLUS TO FUND AN ENVIRONMENTAL INVESTIGATION OF THE US ALUMINUM PROPERTY pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.
On roll call, all voted yes, and the Mayor declared the motion carried.
Public Hearing of Ord. #11-0-08:
Re: Appropriating $18,353.54 from Capital Surplus to fund a needs assessment
study
On entertainment of the Mayor, Councilmen Pettet and Theoharous moved a motion that Ordinance #11-0-08 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The Clerk took from the table and read by title only as follows: AN
ORDINANCE APPROPRIATING $18,353.54 FROM
CAPITAL SURPLUS TO FUND A NEEDS ASSESSMENT STUDY FOR A NEW
This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.
The Mayor opened the Public Hearing.
Sandy Lawson,
The Mayor closed the Public Hearing.
Councilmen Theoharous and Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE APPROPRIATING $18,353.54 FROM CAPITAL SURPLUS TO FUND A NEEDS ASSESSMENT STUDY FOR A NEW MUNICIPAL BUILDING pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.
On roll call, all voted yes, and the Mayor declared the motion carried.
Public Hearing of Ord. #12-0-08:
Re:
Amend Chapter 108 – Prohibit Parking on
Boulevard and a portion of
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion that Ordinance #12-0-08 be taken from the table and read by the Clerk, by title only, for consideration of final reading.
On roll call, all voted yes, and the Mayor declared the motion carried.
The Clerk took from the table and read by title only as follows: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC, TO AMEND SCHEDULE I – NO PARKING TO PROHIBIT PARKING ON WARREN’S WAY AND WARREN HAGSTROM BOULEVARD AND A PORTION OF RINGWOOD AVENUE.
This Ordinance has been duly advertised in accordance with the statutes; a copy was posted on the bulletin board in the Municipal Building, a copy was available for the public to read in the Clerk's office; and copies are available for the public present here this evening.
The Mayor opened the Public Hearing.
Bob Ferdon,
The Mayor closed the Public Hearing.
Councilmen Theoharous and Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE, CHAPTER 108, VEHICLES AND TRAFFIC, TO AMEND SCHEDULE I – NO PARKING TO PROHIBIT PARKING ON WARREN’S WAY AND WARREN HAGSTROM BOULEVARD AND A PORTION OF RINGWOOD AVENUE pass final reading and that said Ordinance be adopted as an Ordinance of the Borough of Wanaque; and
BE IT FURTHER RESOLVED that the Borough Clerk be and she is hereby directed to cause said Ordinance to be published in the manner prescribed by law.
On roll call, all voted yes, and the Mayor declared the motion carried.
Introduction of Ordinance #13-0-08:
Re: Amend Ordinance #1-0-08 – Regulating Outdoor Wood Furnaces
The Borough Attorney explained the Ordinance.
Councilman Balunis spoke about section 113.5 should probably have the Building Inspector listed in the section.
On entertainment of the Mayor, Councilmen Balunis and Theoharous moved that Ordinance #13-0-08 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 ORDINANCE NO. 1-0-08 OF THE CODE OF THE BOROUGH OF WANAQUE REGULATING OUTDOOR WOOD FURNACES.
On entertainment of the Mayor, Councilmen Balunis and Theoharous moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND ORDINANCE NO. 1-0-08 OF THE CODE OF THE BOROUGH OF WANAQUE REGULATING OUTDOOR WOOD FURNACES pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 14th day of July 2008, at the Municipal Building in the Borough of Wanaque at 7:00 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 subject to the zoning and building inspector included in section 113.5.
Introduction of Ordinance #14-0-08:
Re: Establishing Chapter 74C – Hotels and Motels
The Borough Attorney explained the Ordinance.
On entertainment of the Mayor, Councilman Pasquariello and Pettet moved that Ordinance #14-0-08 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
ESTABLISH CHAPTER 74C OF THE CODE OF THE BOROUGH OF WANAQUE,
ENTITLED “HOTELS, MOTELS AND TOURIST LODGES,” TO ESTABLISH LICENSING PROCEDURES, REGULATIONS, AND A HOTEL AND MOTEL OCCUPANCY TAX
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO ESTABLISH CHAPTER 74C OF THE CODE OF THE BOROUGH OF WANAQUE,
ENTITLED “HOTELS, MOTELS AND TOURIST LODGES,” TO ESTABLISH LICENSING PROCEDURES, REGULATIONS, AND A HOTEL AND MOTEL OCCUPANCY TAX pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 14th day of July 2008, at the Municipal Building in the Borough of Wanaque at 7:00 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 Ordinance #15-0-08:
Re: Amend Chapter 108 – Restrict Parking on
On entertainment of the Mayor, Councilman Pasquariello and Balunis moved that Ordinance #14-0-08 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,
CHAPTER 108, VEHICLES AND TRAFFIC, TO REGULATE
On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved that,
BE IT RESOLVED that an Ordinance entitled: AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF WANAQUE,
CHAPTER 108, VEHICLES AND TRAFFIC, TO REGULATE PARKING ON ELINORA DRIVE AND CLIFFORD ROAD pass first reading, and that said Ordinance be further considered for final passage and adoption at a meeting of the Borough Council to be held on the 14th day of July 2008, at the Municipal Building in the Borough of Wanaque at 7:00 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.
COMMITTEE REPORTS:
Councilman Balunis:
Councilman Balunis reported the
schools closed early today and will be closing early tomorrow also due to the
hot weather. The construction is ongoing
at the school and more will be done when the schools close during the
summer. The fields are ready to have the
sprinklers put in. Spring sports are
coming to a close. The recreation
commission is sponsoring a movie night on June 20th at 7:00
P.M. The movie is
Councilwoman Cisco:
Councilwoman Cisco reported the Welfare Board did not meet this past month. A letter was received from Jack Dunning to the Administrator regarding fees and hope the response is forthcoming.
Councilman O’Connell:
Councilman O’Connell was absent.
Councilman Pasquariello:
Councilman Pasquariello reported that the Ordinances for parking on the agenda are for the police department. Regarding the first aid squad they are choosing a new rig. The selection is between Horton and P & L.
Councilman Pettet:
Councilman Pettet reported that
Councilman Theoharous:
Councilman Theoharous said I have no report.
The Mayor spoke about a meeting with
Engineer:
The Borough Engineer reported on two
resolutions on the agenda. One is a
payment for
The Mayor said the amount for the additional change order is going to be billed to the sewer authority. We pay for it and bill them.
Attorney:
The Borough Attorney reported under
new business and the approval for liquor license renewals with respect to the
liquor license for
The Mayor said what is protocol. We hold that and vote on 114-0-08 later or just vote on it including 114-0-08 now.
The Borough Attorney said you can do them all together. Resolution #114-0-08 that resolution, because it amends the previous resolution, should also be included as a condition. So it should be Resolution #121-0-07, Resolution #114-0-08 and further compliance with the police inspection report of April 19, 2008 all as a condition of a renewal of that license.
Administrator:
The Borough Administrator reported interviews were held for seven architects with a committee which included Councilman Pettet, Councilwoman Cisco, Councilman O’Connell and myself. The recommendation of the committee is to award the contract to Acari and Iovino, $16,000.00 for a needs assessment. The Wanaque school reconstruction is going well and the school is putting up well with it. The landing zone has been changed to Warren Hagstrom field while the work is being done. The vegetative waste collection is taking longer due to the truck being involved in an accident. Hope people will have patience. The Ordinance committee will be going over the zoning ordinances.
PUBLIC
DISCUSSION:
The
Mayor opened the Public Discussion.
Reverend Donald DeGroat, 490 Ringwood Avenue, Wanaque spoke about the sidewalks on Laura Avenue and the cars parking on the street for fifteen to twenty minutes. Am also concerned for the safety of the students and children and am respectfully requesting sidewalks and please reconsider and take a look at that.
The Mayor said we can take a look at that.
John Maiello, 26 Rhinesmith Avenue, Wanaque spoke about the outdoor furnaces aren’t there safety regulations by the State on size, airflow and contamination that have to be met after a certain size and wouldn’t our building inspector or somebody here you would automatically take care of that or monitor it.
The Borough Administrator said actually that comes under the Passaic County Health Department and I know they have been out looking at the two that are installed in the Borough but apparently there is a lack of regulation when it comes to these installations.
John Maiello said but once it’s installed there still has to be certain specifications.
The Borough Administrator said apparently not. I know they required one individual to raise the smoke stack to I believe forty feet but these apparently are new on the market in the last couple of years and regulations don’t keep up with the industry.
John Maiello said I’m just asking because I know we’ve discussed it before. I see what’s advertised about the purchase of the property for the US Aluminum factory but I’ve seen us talk about 1.8 million dollars now it’s 2.3 million dollars maybe you can expand on it.
The Borough Administrator said that also included the demolition cost and other costs that was all encompassing that was the whole project cost.
John Maiello said the thing I have a problem with this is I know you’re going to go through eventually to build the new building and I’m not against that and it will be a while because let’s face it we’re four dollars a gallon, people are losing their homes every other community is cutting costs and you’re spending it like a drunken sailor. I don’t think that’s the correct way to do things. You’re buying two million dollars here, four hundred thousand dollars here it doesn’t matter there is no money. The stock market dropped four hundred and fourteen points the other day. I think before you start spending the money you should start wondering how it’s going to effect the taxpayers like now forty years. My children and the childrens’ children are going to pay for this and all of you will be gone.
The Mayor said if you would have listened to me for the last few months there is
a plan to pay for it.
John Maiello said yes the plan is to use the money from the candle factory. But I
talked to
The Mayor said
well don’t give me the baloney about talking to
John Maiello
said well then he lied to me. The
building on
The Borough Administrator said yes we allowed him to use that as a construction office in turn of keeping the building up and also paying the sewer bills on it.
John Maiello said and he has his own insurance so we’re not covering it. That’s all I asked.
The Borough Administrator said yes.
John Maiello said thank you very much.
Dave
DaSilva,
The Mayor said we considered where we put public discussion we were discussing whether we should put it in the beginning or the end and the problem with that is if we put it in the end then people would say I wanted to talk about that point.
Dave DaSilva said you also don’t allow the residents to voice their opinion before you vote on something.
The Mayor said right so we decided to leave it at the beginning.
Dave DaSilva said I’ve seen other towns what they do is they have a section for public portion at the beginning and then at the end so that if there is something that comes up during the course of that meeting they can then say what they need to say at the end of the meeting. Just something to consider. But if you did have your work session public portion at the end like you normally do and then have your public portion of the business meeting at the beginning I think that kind of counter balances it. But when you do this thing during the summer when you combine everything it’s very difficult for us to know what you are going to say before we ask anything about it. In reference to the liquor license renewals what establishment is DNP Enterprises.
The Municipal
Clerk said the Wine 2 Spirits on
Dave DaSilva said what establishment is associated with Sal Falciglia.
The Municipal Clerk said that is a pocket license. He is the licensee but the license is not active.
Dave DaSilva said where was it originally.
The Municipal Clerk said that was Gramlich’s license.
Dave DaSilva said and Provision Foods LTD.
The Municipal
Clerk said that is Tree Tavern on
Dave DaSilva said in reference to the Regional Sewer Authority. What’s going on with that. I see that you are requesting the State comptroller to review the need for it but I see you also tabled the public portion about the public hearing.
The Mayor said first of all as previously discussed the public hearing can not be voted on until the other towns introduced the Ordinance and it goes before the Local Finance Board. And we’ll get to the resolution later but basically when you read it it’s exactly what it says. We’re going to request the State comptroller to, the State comptroller wants, is looking for consolidation of difference agencies and Governor Corzine is pushing for consolidation of agencies. It’s not just municipalities but it’s any agencies that are felt are not being used for their intended purpose. And we feel our regional sewer authority is not being used for the intended purpose so we are going to submit an application for the State to take a look at it and to determine that it indeed is not a regional sewer authority it is a Wanaque sewer authority and rather than have the other towns agree to eliminate it have the State put forth a mandate to eliminate it.
Dave DaSilva said is this something that this agency normally does.
The Mayor said actually the State comptroller is something new and I believe it just started this year. The Governor just implemented it and he is looking to move forward with these consolidations so we volunteered to be one of the first on his list.
Dave DaSilva said where are we with US Aluminum. I see there are two more items 13.4 and 13.6 on the agenda. Are you going to be voting on taking any action tonight.
The Mayor said to buy it no. We’re waiting for our environmental study.
Dave DaSilva said in reference to the advertising on the water tank.
The Mayor said nothing new.
Dave DaSilva said you are not going to take any action tonight.
The Mayor said no action tonight on the water tank.
Dave
DaSilva said on 14.3 in reference to the Green Acres Loan application what is
going on at the
The Borough Administrator said actually that should have said Memorial field.
Dave DaSilva said okay I thought so. Thanks.
Grace Maiello,
Councilman Balunis said Lakeland Board of Education wants that new field.
Grace Maiello said I know they want the new field. Certainly they do why shouldn’t they. But it’s coming out of their budget.
Councilman Balunis said that’s their decision they decided that they would be willing to do that.
Grace Maiello said what choice do they have. They need it.
Councilman Balunis said they vote on it.
Grace Maiello said yes they vote on it. But they don’t have a choice because they either pay or they don’t get it.
Councilman Balunis said you have Ringwood people and Wanaque people sitting on that Board of Education and they vote either yes we want to spend the money on the field or no we don’t spent the money. They voted yes.
Grace Maiello said I know they voted yes. But they don’t have a choice and they’re not happy about it believe me.
The Mayor said and they don’t have sufficient fields as it is because they do move kids to different locations to use fields. They use Memorial field.
Grace Maiello said yes the Municipality allows them to use it. I’ve seen them go there I also know Ringwood allows them to use their fields too and I understand that part.
The Mayor said when you use the fields in Ringwood there is a cost of busing because they can’t let the kids walk so they are spending more money but they are saving money.
Grace Maiello said it’s too bad I’m not on that board. Alright I just had to say that because I’m really disappointed in that issue. Thank you.
John
Maiello,
The Mayor said we didn’t even get to that point.
Greace Maiello,
The Borough Attorney left the meeting at 8:05 P.M.
Barbara
Greenwood,
The Mayor said we are in the process of putting a new one up.
Barbara Greenwood said and where will it be going.
The Mayor said
for now it will be going in the location it was at before. The Chamber of Commerce is in the process of
collecting donations and we’re contacting the State Department of Environmental
Protection because we’re going to put a sign on the piece of land between
Dunkin Donuts and
Kenneth Ambruster, 6 Gardella Place, Haskell said in reference to the liquor license renewals for 815 Ringwood Avenue are you going to renew it because it seems as though that building is now closed and I see a for sale sign on it.
The Mayor said we’ll find out with the vote in a few minutes. But he has been open for business. Several weeks ago the parking lot was packed. He’s not open all the time.
The
Borough Administrator said we had a hearing down at the Office of
Administrative Law with regard to some of the issues. With the property and his operating there
were requirements that he be open at least three days a week, the signs and
everything else like that and the chain across the parking lot. We met with the owner Ermelinda, Mr. Guinta
is not a principle and has no financial interest in the property as it was
stated at the hearing. And she stated
that they are open. We have a letter
from the attorney when we questioned it after the hearing and she stated that
they were open. In the meantime you have
seen some changes there the signs are down, the trailer that’s in the middle of
the parking lot is supposed to be moved to the rear of the property, the construction
trailer trucks are gone and they have it listed with a reputable restaurant
broker. The attorney did indicate in a
letter to Mr. Fiorello that they are actively marketing the property and given
what we’ve seen there we believe that it would be. So it’s probably in the best interest that we
want to see that become a viable operation which I think everybody does want to
see a viable restaurant there is that the license will be renewed with the
various conditions that are on it and should they not prosecute those
conditions then we’ll take them back to
The Mayor said the only item that they actually won is leaving the chain there.
The Mayor closed Public Discussion.
CONSENT
AGENDA:
Three (3) Applications for Raffle Licenses:
Re:
Saint Francis of
Resolution #100-0-08:
Re:
Refund of $1,781.88 per State Tax Court decision for 2006 on Block 307,
1.03
WHEREAS, the New Jersey State Tax Court has approved a lower assessed value of Block 307 Lot 1.03 for the year 2006,
WHEREAS, the owner had paid the total tax due on the original assessment in 2006,
WHEREAS, the owner has requested a refund of said overpayment;
NOW, THEREFORE, BE IT RESOLVED that the Treasurer shall refund a total of $1,781.88 as per the certification of the Tax Collector.
Resolution #101-0-08:
Re:
Cancel Stale Dated Checks
WHEREAS, there exists several stale dated checks for the Borough of Wanaque
which remain outstanding as of June, 9, 2008; and
WHEREAS, it is therefore necessary to formally cancel these stale dated checks
to surplus;
NOW, THEREFORE, BE IT RESOLVED that the following Checks be cancelled
PAYROLL:
CHECK #48188 - DATED 4/18/07 $2.75
#48246 – DATED 5/2/07 $3.15
#48639 – DATED 8/8/07 $2.35
#48872 –
DATED 10/3/07 $1.20
TOTAL $9.45
GRAND
TOTAL OF CHECKS $9.45
On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco 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 May 2008 ‑ NONE.
4. Municipal Court Report for May 2008 ‑
5. Welfare Report for May 2008 - NONE.
On entertainment of the Mayor, Councilman Pasquariello and Councilwoman Cisco 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
COMMUNICATIONS:
Letter from the Golden Age Club:
Re:
Additional Handicap Parking Spaces
Held.
NEW BUSINESS:
Approval of 2008/2009 Liquor License Renewals – Resolution #102-0-08:
1. A & P Tea Company 6. Roar of the Crowd - HELD
2. Berta’s Chateau - HELD 7. Il Palazzo, Inc.
3. DNP Enterprises, L.L.C. 8. Crown Liquors
*4. Flip’s Bar – Resolution
#103-0-08 9.
#104-0-08
5.
Provision Foods LTD
10.
*License with Resolution of stipulations and restrictions
(Approval pending completion of inspection reports of establishments)
On entertainment of the Mayor, Councilmen Theoharous and Pettet moved a motion to approve the aforementioned Liquor Licenses with any conditions, stipulations or restrictions placed on the licenses.
BE IT RESOLVED, that the Mayor and Council of the Borough of Wanaque do hereby approve through this Resolution the following Liquor License Renewals for the year 2008/2009:
1. A & P Tea Company, Inc.
2. Sal Falciglia
3. D.N.P. Enterprises, L.L.C. – t/a Wine 2 Spirits
4. Joseph Agostino – t/a Flip’s Bar
5. Provision Foods LTD – t/a Tree Tavern
6. Il Palazzo, Inc. – t/a Il Palazzo
7. T.P. Summer, Inc. – t/a Crown Liquors
8. Kalari
Liquors LLC – t/a
9.
On roll call, all voted yes, and the Mayor declared the motion carried.
Application for Tow Truck License:
Re: Advanced Towing
On entertainment of the Mayor, Councilmen Theoharous and Pasquariello moved a motion to approve the aforementioned license subject to the application and vehicle inspections requirements being complete.
On roll call, all voted yes, and the Mayor declared the motion carried.
Closed Session:
Re:
Litigation/Negotiation/Personnel
Held to the end of the meeting.
UNFINISHED BUSINESS:
The Borough Administrator said we are still waiting to hear from the residents.
On entertainment of the Mayor, Councilmen Paquariello and Balunis moved a motion for the Borough Administrator to prepare and forward to the State Comptroller.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #113-0-08:
Re:
Requesting State Comptroller to review the need for the
Regional Sewerage Authority
On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved that,
WHEREAS, the Wanaque Valley Regional Sewerage Authority was formed in 1972 to serve the Borough of Wanaque, the Borough of Ringwood and the Township of West Milford; and
WHEREAS,
the governing bodies of Ringwood and
WHEREAS,
Ringwood and
WHEREAS, the Governing Body of Wanaque has made several proposals to Ringwood and West Milford to share in the cost savings of eliminating the Regional Authority, which they have declined; and
WHEREAS, while Wanaque provides over 99% of the connected users to the sanitary sewer system, it remains as minority on the six-member Board of Commissioners of the Wanaque Valley Regional Sewerage Authority, and
WHEREAS, the Governing Body of the Borough of Wanaque is on record that the Wanaque Valley Regional Sewerage Authority is duplicative in administrative, legal and financial costs, all of which can be absorbed into the Wanaque Borough Sewerage Authority; and
WHEREAS, it is this type of waste that allows the Office of the State Comptroller to investigate and make cost-saving recommendations.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Wanaque do officially request that the Office of the State Comptroller open and conduct a formal investigation into the need for the continued operation of the Wanaque Valley Regional Sewerage Authority, the ability of the Wanaque Borough Sewerage Authority to assume the operations of the Regional Authority, and the cost savings to the rate payers who use the sewer treatment services; and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Mathew Boxer, State Comptroller; Governor Jon Corzine, the West Milford Mayor and Township Committee, the Ringwood Borough Council, the Wanaque Valley Regional Sewerage Authority and the Wanaque Borough Sewerage Authority.
On roll call, all voted yes, and the Mayor declared the motion carried.
Authorize the Borough Attorney to prepare a contract for the purchase of the US
Aluminum Property:
Held to closed session.
Advertising on Haskell Water Tank:
The Borough Administrator said there is nothing new to report on.
Status of US Aluminum Investigation:
Previously discussed.
RESOLUTIONS:
Resolution #105-0-08:
Re: Temporary Emergency Appropriation
On entertainment of the Mayor, Councilman Pasquariello and Theoharous moved that,
WHEREAS, an emergent condition has arisen with respect to the adoption of the 2008 Municipal Budget and N.J.S.A. 40A:4-20 provides for an emergency temporary appropriation until the adoption of the 2008 Municipal Budget; and
WHEREAS, the total Temporary Budget including this Resolution will total $3,058,471.60;
NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of N.J.S.A. 40A:4-20 a temporary appropriation be made for the 2008 Temporary Budget in the amount of $203,898.11;
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #106-0-08:
Re:
Authorize submission of the
On entertainment of the Mayor, Councilmen Balunis and Theoharous moved that,
WHEREAS, the Borough of Wanaque instilled lights at Memorial Field in the 1970’s; and
WHEREAS, the age of the lights and poles makes it necessary to replace the entire lighting system; and
WHEREAS, the Borough of Wanaque has received prior Green Acres funding to improve this facility, which is governed by Green Acres Rules and Regulations, and is included in the Borough’s Recreation and Open Space Inventory; and
WHEREAS, the Borough of Wanaque wishes to submit an application to the Passaic County Board of Chosen Freeholders through the Open Space and Farmland Preservation Trust Fund for a Capital Rehabilitation Grant; and
WHEREAS, the estimated cost for this improvement is $350,000; and
WHEREAS, the Borough of Wanaque has held a public hearing on this application on June 9, 2008 and has notified all property owners within 200 feet by certified mail of this application;
NOW, THEREFORE, BE IT RESOLVED that the Borough Administrator be and he is hereby authorized and directed to prepare and submit an application to the county of Passaic for a grant for Capital Rehabilitation from the Passaic County Open Space and Farmland Preservation Trust Fund for the replacement of the field lights at Memorial Field.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #107-0-08:
Re:
Authorize submission of the Green Acres Loan Application – Memorial
Field
Resolution #108-0-08:
Re:
Authorize the filing of the 2009 A.W.A.R.E. A.S.A.P. Grant Application
On entertainment of the Mayor, Councilmen Theoharous and Pasquariello moved that,
BE IT RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize the filing of the 2009 Municipal Alliance Grant Application; and
BE IT FURTHER RESOLVED that the Borough of Wanaque will adhere to all conditions and obligations as sub-grantee to the State of New Jersey and the County of Passaic as set forth in the Letter of Agreement between the Governor’s Council on Alcoholism and Drug Abuse and Passaic County, for the grant administration of the 2008 Alliance to Prevent Alcoholism and Drug Abuse, for a grant amount of $54,400 and cash amount of $13,600; and
BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk be and are hereby authorized to execute the proposed application;
BE IT FURTHER RESOLVED that the Municipal Council of the Borough of Wanaque hereby authorize that the Membership of AWARE will consist of the person’s names listed on Exhibit A, attached to this Resolution; and
BE
IT FURTHER RESOLVED that this group shall serve as the
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #109-0-08:
Re: Payment to John Garcia Construction, Inc. re: Current Estimate No. 4 and Change
Order
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
BE IT RESOLVED that payment be made to John Garcia Construction Co., Inc. for Whistler Place Reconstruction approving Change Order No. 2 and approving Current Estimate No. 4 in the amount of $57,203.48 in accordance with the Borough Engineers letter dated June 2, 2008.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #110-0-08:
Re: Payment to Ritacco Construction, Inc. re: Current Estimate No. 3 and Change
Order No. 3 –
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved that,
BE IT RESOLVED that payment be made to Ritacco Construction, Inc. for Lake Washington Dam Repairs approving Change Order No. 3 and approving Current Estimate No. 3 in the amount of $178,705.71 in accordance with the Borough Engineers letter dated June 2, 2008.
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #111-0-08:
Re:
Award Contract – Needs Assessment for a new
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved that,
WHEREAS, on February 15, 2008 the Borough
of Wanaque announced through its official Municipal Website,
www.wanaqueborough.com that it was soliciting proposals for Engineering
services for a needs assessment for a new Municipal Building under the “Fair
and Open” provisions of N.J.S.A. 19:44A-20.4 et seq.; and
WHEREAS, those proposals were received on March 13, 2008 by the Borough Administrator, who opened them and read them aloud; and
WHEREAS, proposals were received from the following:
Goldstein Partnership; Houghton Quarty Warr LLC; DMR; Poskanzer Skott; Tri-State Architects; Mylan Architectural Group; Ronald Schmidt & Associates; Cubellis Ecoplan; F.K.A. Architects; R.S.C. Architects; Gibson Tarquini Group; Aracri Iovino; Morpurgo Architects; R.B.A. Engineers & Planners; Parette Somjen Architects; USA Architects; Buck Simpers; The Musial Group; LAN Associates; and
WHEREAS, upon review by the Borough Council it is agreed to award this professional service 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.:
Needs Assessment for a new Municipal Building: Acari & Iovino, One Katherine Street, Little Ferry, NJ 07643 in an amount not to exceed $15,600 in accordance with their proposal dated March 13, 2008; and
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.
Resolution #112-0-08:
Re:
Payment to Applied Landscape Technologies re:
No. 1 in the amount of $71,050.00
On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved that,
BE IT
RESOLVED that payment be made to Applied Landscape Technologies for
On roll call, all voted yes, and the Mayor declared the motion carried.
Resolution #114-0-08:
Re: Liquor License –
On entertainment of the Mayor, Councilmen Pasquariello and Balunis moved that,
WHEREAS,
WHEREAS, the Borough of Wanaque has reviewed the history of operation, of the liquor license held by the present licensee as well as results of the Alcoholic Beverage Control inspection of the licensed premises; and
WHEREAS, the Borough of Wanaque remains concerned, regarding the manner of operation, of the licensee;
NOW, THEREFORE, BE IT RESOLVED BY THE,
Mayor and Council of the Borough of Wanaque, County of
1. The licensee be granted renewal of its liquor license subject to the following terms and conditions:
2. The licensee shall continue to utilize its license and operate the license premises continually and consistently from the term of renewal, at lease three days per week for a minimum of five (5) hours per day. Two of the days shall be on Fridays and Saturdays. The third day shall be at the licensee’s election and designation.
3. All signs, whether they be permanent or temporary, shall be in accordance with the Borough’s Sign Ordinance.
4. Licensee shall not permit any industrial, commercial, or construction vehicles, trailers or equipment to be stored, parked, or located at the licensed premises, at 815 Ringwood Avenue, except as may be used by the licensee in connection with the licensed premises, nor shall any such vehicles or equipment be offered for sale or lease. The trailer with advertisement heretofore in the parking lot of the premises shall be removed from the premises as will any and all construction equipment, backhoes, and lift trailer (blue), snowplows. The said trailer may be used by the licensee, in connection with the licensee’s business, for storage, provided it be placed and located alongside the existing trailers, on the westerly side of the licensed premises.
5. Licensee, shall upon reasonable request, supply the Borough of Wanaque and its officials, with proof of operation as set forth herein.
6. Licensee shall complete Form E-141.a, as required by N.J.A.C.13:2-23.13(a)(3) specifically list thereon, Benjamin Gaunt who volunteers services for licensee whose name was not set forth on said form. In addition thereto, all entertainment engaged by the licensee, and their members shall also be listed on said form.
7. Licensee shall maintain on its premises, a long form of its license application as required by N.J.A.C.13:2-23.13(a)(2).
8. Licensee shall immediately cease and desist from purchasing alcoholic beverages from a prohibited source, retailer to retailer, proscribed by N.J.A.C. 13:2-23.12 and Licensee shall remove from its licensed premises, all alcoholic beverages acquired from a prohibited source. andnot offer the same for sale, to any patron.
9. Inclusions of these conditions, shall not estop, the Borough of Wanaque from prosecuting any actions against licensee by the Borough or its agents which, during its inspections, constitute a violation of applicable laws and regulations relating to the operation of the licensee’s premises.
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 2007 $ 4,830.86
CURRENT 2008 223,130.61
CURRENT PRE-PAID 31,988.79
WATER OPERATING 2007 22.96
WATER OPERATING 2008 28,624.49
WATER PREPAID 8,608.23
GENERAL CAPITAL 71,860.80
WATER CAPITAL 7,818.00
ESCROW BOOKKEEPER 2,855.00
PUBLIC ASSISTANCE 10,137.00
RECREATION TRUST 8,532.85
ANIMAL TRUST 34.20
RECYCLING TRUST 3,305.67
HOUSING TRUST __ 3,021.00 ___
TOTAL VOUCHERS $404,770.46
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: June 9, 2008
___________________________
Daniel Mahler
Mayor
Payrolls:
Councilmen Pettet and Pasquariello moved a resolution approving the following payrolls:
Payroll #10 p/e 05/16/08 $182,914.94
Payroll #11 p/e 05/30/08 $197,268.71_
Payroll Total $380,183.65
GRAND TOTAL $784,954.11
On roll call, all voted yes, and the Mayor declared the resolution adopted and forthwith approved it.
APPROVED: June 9, 2008
________________________________
Daniel Mahler
Mayor
NEW BUSINESS:
Closed Session:
Re:
Negotiations/Personnel/Litigation
On entertainment of the Mayor, Councilmen Theoharous and Pettet moved that,
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, (N.J.S.A. 10:4-1) permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, This public Body is of the opinion that such circumstances presently exist;
NOW,
THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Wanaque,
1. The public shall be excluded from discussion of action upon the hereinafter specified subject matter.
2. The general nature of the subject matter to be discussed is as follows:
1) Contractural Negotiations on US Aluminum property.
2) Contract for Construction Code Official for Ringwood.
3. The Mayor and Council shall release and disclose to the general public the
discussion and actions taken on the subject matter of the above mentioned closed session when the reasons for discussing and acting on the matter in closed session no longer exist, but no later than one month of the Mayor and Council arriving at a final decision on the specified subject matter.
On roll call, all voted yes, and the Mayor declared the motion carried.
RECONVENEMENT:
On entertainment of the Mayor, Councilmen Pasquariello and Theoharous moved a motion to reconvene at 8:45 P.M.
On roll call, all were present.
ADJOURNMENT:
On entertainment of the Mayor, Councilmen Pasquariello and Pettet moved a motion to adjourn the meeting.
On roll call, all voted yes, and the Mayor declared the motion carried; meeting adjourned at 8:45 P.M.
___________________________
Katherine J. Falone, RMC, CMC
Municipal Clerk