Contact:
Borough Clerk Ellen Horak 973-347-0159 ext 16
FOR IMMEDIATE RELEASE Stanhope, NJ - February 24, 2010
MAYOR AND COUNCIL
REGULAR MEETING
January 26, 2010
7:00 P.M.
MAYOR'S STATEMENT AS TO COMPLIANCE WITH P.L. 1975
Adequate Notice of this Meeting has been provided according to the Open Public Meetings Act, Assembly Bill 1030. Notice of this Meeting was included in the Annual Meeting Notice sent to the NJ Herald and the Daily Record on January 4, 2010 and placed on the Official Bulletin Board in the Municipal Building.
In the event the Mayor and Council have not addressed all items on this Agenda by 11:00 PM and they are of the opinion that they cannot complete the Agenda in a reasonable time period, the Mayor and Council may exercise their option to continue this meeting at an agreed to time, date and place within ten (10) days of this meeting. Please turn off all cell phones for the duration of this Meeting.
ROLL CALL
Council Members:
Councilman Murphy - absent Councilman Graham – present
Councilwoman Santucci – present Councilman Vance - absent
Councilwoman Maio – present Councilman Benson – present
Mayor Kuncken – present
CLOSED SESSION
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231 P.L. 1975 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 Stanhope, County of Sussex, New Jersey as follows:
1. The public shall be excluded from discussion of and action upon the hereinafter-specified subject matter(s).
2. The general nature of the subject matter(s) to be discussed is as follows:
1 Personnel – Court Administrator
1 Contract – Hoer Properties
1 Litigation – Dimitriou Property
1 Potential Litigation – Contractor’s Claims
5 Attorney-Client – Residency Requirement
- E-Mail Policy
- 10 High Street Water/Sewer Waiver
- Morris Canal
- Advice for Individual Governing
Body Members
3. It is anticipated at this time that the above stated subject matter(s) will be made public at the conclusion of each individual specified subject matter.
4. This resolution shall take effect immediately.
On motion by Councilwoman Maio, seconded by Councilman Graham, and carried by unanimous voice vote, the foregoing resolution was adopted.
Mayor and Council went into Closed Session at 7:02 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 7:50 P.M. with all present as before. Mayor Kuncken called a ten minute recess and reconvened the Open Session at 8:00 p.m.
SALUTE TO COLORS
Mayor Kuncken invited all those present to stand in a salute to colors.
PRESENTATION – Certificates of Appreciation
Mayor Kuncken welcomed students from Stanhope School, Chelsea Grega, Dominic LaBell (not present), Amanda Madonna, Christina McNerney and their teacher, Lisa Benedetto. The students were recognized for their creativity in designing the cover of the annual Stanhope Municipal calendar. Mayor Kuncken presented the students with Certificates of Appreciation recognizing their service to the community. Mayor Kuncken presented Lisa Benedetto with a Certificate of Appreciation for her leadership and guidance.
PRESENTATION – Dietz & Hammer
Mayor Kuncken welcomed Paul Messerschmidt and Annette Seaman of Dietz & Hammer and invited them to speak. Mr. Messerschmidt said in today’s world it is important to have a professional Risk Manager on board to manage and assess insurance coverage needs. Dietz & Hammer provides municipalities with guidance on what types of insurance are necessary, how to lower claims, and how to know when changes in insurance are needed. Other basic services include annual policy reviews and renewal application advice, annual meeting with the safety committee and/or development of a safety committee, training programs for employees, and review of contracts with outside services to ensure correct wording for insurance.
Mayor Kuncken asked the cost of the service. Mr. Messerschmidt said there is an annual fee paid in part by the Borough and also subsidized by the Joint Insurance Fund. Councilwoman Maio asked how the cost is determined. Mr. Messerschmidt said cost is based on the service needs and insurance coverage. Administrator Stewart reported he will work with John Whitley from JIF to obtain Stanhope’s fee. Mayor Kuncken noted the Borough will pay for the Borough’s current experience rating and have the information available to research new employee health care insurance.
Mayor Kuncken thanked Mr. Messerschmidt and Ms. Seaman for their presentation.
CITIZENS TO BE HEARD
Mayor Kuncken opened the meeting to the public after advising attendees that there is a five (5) minute time limit for each speaker.
Marvin Murdock, 34 Main Street business owner, questioned why, since the completion of the Main Street Rehabilitation II Project, the “Two (2) Hour” parking sign was changed to “No Parking at Any Time” in front of his store. Mr. Murdock added the owner of the beauty salon next store is also concerned with the new sign. Mayor Kuncken replied that other residents have questioned why the Borough had allowed parking on the curve because cars parked there block the vision of oncoming vehicles. Mayor Kuncken added the Borough Engineer said there should be no parking in that area because it is directly opposite an intersection, but, the Borough Engineer is looking further into the matter.
Seeing no one further from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
MINUTES FOR APPROVAL
Mayor Kuncken read aloud the list of minutes being presented for approval:
December 1, 2009 Work Session Meeting & Closed Session
December 8, 2009 Agenda Meeting & Closed Session
December 15, 2009 Regular Business Meeting & Closed Session
On motion by Councilman Graham seconded by Councilman Benson and carried by unanimous voice vote, the above listed minutes were approved.
CORRESPONDENCE (List Attached)
On motion by Councilwoman Maio, seconded by Councilman Benson, and unanimously carried by voice vote the list of correspondence was accepted and ordered placed on file.
ADMINISTRATOR’S REPORT
Administrator Stewart updated the Main Street Phase II Project reporting the last street light base was installed on January 19th; the “light shields” will ship the week of February 14; the new guide rail was completely installed on Saturday, January 23rd. Administrator Stewart noted the guide rail job was inspected by the Borough Engineer and himself and will not be accepted because there are gaps in the spacing of the posts, deflection of certain posts and improper back filling of the posts. The Borough Engineer notified the contractor the DOT was asked inspect the guide rail because it was part of a DOT grant.
Administrator Stewart reported Omland Engineering’s surveyors were on site on High Street and Plane Street to begin preliminary work on the 2010 project.
Administrator Stewart updated the governing body on repairs to the heating system in the Municipal Building. Duct work and diffusers have been installed to make the heating unit run more efficiently. A defroster was also installed on the outside unit to eliminate the unit from icing up.
Administrator Stewart also reported there have been a few glitches in the Dispatching Services provided by Sparta. The DPW could hear Sparta Dispatch but the DPW could not be heard. There is also static in the Verizon line so Fire Department tones were not setting off the sirens and radios. Administrator Stewart advised that Sparta is on top of these issues and is adressing each problem. Sparta is willing to incur a large expense to move frequencies if the static in the line remains. Councilman Graham asked if there was ever a public safety issue or extra alarms going off because of the problem. The Administrator answered there was no public safety issue. Councilman Graham asked when the problem would be resolved. Administrator Stewart answered Police Chief Pittigher said there is a work order for repair and/or replacement due to be completed this week. Mayor Kuncken thanked the Administrator for his update.
COUNCIL COMMITTEE REPORTS
On motion by Councilman Graham, seconded by Councilwoman Maio and carried by unanimous voice vote, Council Committee Reports were waived.
Public Safety – Councilmen Depew/Maio
Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management
Finance & Administration – Councilmen Benson/Graham
Tax Assessment, Tax Collection, Water & Sewer Cashier, Treasurer, Health & Other Insurance, Personnel-
Community Development – Councilmen Graham/Vance
Zoning, Construction Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization-.
Municipal Infrastructure – Councilmen Vance/Murphy
Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds
Information Technology – Councilwoman Santucci/Benson
Acquisition of Hardware & Software, Technical Equipment Services, Telecommunication, Cable Television Franchise- Boards/Commissions – Councilman Murphyi/Maio
Board of Health, Regional Planning Board, Environmental Commission, Musconetcong Sewerage Authority, Sanitation & Recycling, Recreation Commission, Shade Tree Commission, Land Use Board –
Main Street Streetscape - Councilwoman Maio/ /Vance –
NEW BUSINESS
RESOLUTIONS
Mayor Kuncken offered the following resolutions which were read by title:
Resolution 042-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING AN AGREEMENT BETWEEN THE BOROUGH OF STANHOPE AND THE HIGHPOINT CONDOMINIUM ASSOCIATION PURSUANT TO THE PROVISIONS OF THE NEW JERSEY MUNICIPAL SERVICES ACT
WHEREAS, the Highpoint Condominium Association [“the Condominium Association”] is located in the Borough of Stanhope [“the Borough”]; and
WHEREAS, pursuant to the provisions of the New Jersey Municipal Services Act, N.J.S.A. 40:67-23.1 et. seq. the Condominium Association is entitled to receive certain services from the Borough or to receive compensation for said services in lieu of the Borough providing same; and
WHEREAS, the Borough has elected to reimburse the High Point Condominium Association for street lighting, snow plowing and leaf removal in lieu of providing said services; and
WHEREAS, the New Jersey Municipal Services Act requires the execution of a written Agreement between the Borough and the Condominium Association prior to the Borough reimbursing the Condominium Association for the referenced services; and
WHEREAS, the Borough and the Condominium Association have agreed upon an amount of reimbursement for said services for the 2008 calendar year; and
WHEREAS, a form of Agreement has been prepared by the Borough Attorney to be entered into with the Highpoint Condominium Association which Agreement is attached hereto and made a part hereof; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said Agreement on behalf of the Borough; and
BE IT FURTHER RESOLVED, that the Chief Financial Officer is authorized to issue payment to the Highpoint Condominium Association in the amount of $12,662.92 pursuant to the terms of the Agreement to reimburse the Condominium Association for reimbursable services under the provisions of the New Jersey Municipal Services Act for the 2008 calendar year.
On motion by Councilwoman Maio, seconded by Councilwoman Santucci and carried by majority roll call vote the foregoing resolution was duly adopted.
Councilman Benson spoke about meetings he and the committee attended with representatives of the condominium associations to discuss reimbursement under the Kelly Act. The Borough has an obligation to provide the condominium associations with a summary of costs proportionally related to their sections of our community in order to reimburse them. Councilman Benson stated he understands that the Borough owes reimbursement to the condominium associations and it is his opinion that the Borough fulfilled their obligation to provide their exact costs. Councilman Benson expressed his opinion that the condominium associations did not fulfill their obligation to also provide the Borough with a breakdown of their costs. Mayor Kuncken noted she participated in the meetings and, although the exact breakdown from the condominium association was not available, the bill provided by Highpoint Condominium Association covering snow removal for 2008 showed a very substantial number making it evident their costs are greater than the Borough’s costs. Mayor Kuncken stated a formula has been created that will be used in future calculations for reimbursement under the Kelly Act more succinct fashion in the future.
Roll Call:
Councilman Murphy – absent Councilman Graham - abstain
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – no
Resolution 043-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING AN AGREEMENT BETWEEN THE BOROUGH OF STANHOPE AND THE STONEGATE CONDOMINIUM ASSOCIATION PURSUANT TO THE PROVISIONS OF THE NEW JERSEY MUNICIPAL SERVICES ACT
WHEREAS, the Stonegate Condominium Association [“the Condominium Association”] is located in the Borough of Stanhope [“the Borough”]; and
WHEREAS, pursuant to the provisions of the New Jersey Municipal Services Act, N.J.S.A. 40:67-23.1 et. seq. the Condominium Association is entitled to receive certain services from the Borough or to receive compensation for said services in lieu of the Borough providing same; and
WHEREAS, the Borough has elected to reimburse the Stonegate Condominium Association for street lighting, snow plowing and leaf removal in lieu of providing said services; and
WHEREAS, the New Jersey Municipal Services Act requires the execution of a written Agreement between the Borough and the Condominium Association prior to the Borough reimbursing the Condominium Association for the referenced services; and
WHEREAS, the Borough and the Condominium Association have agreed upon an amount of reimbursement for said services for the 2008 calendar year; and
WHEREAS, a form of Agreement has been prepared by the Borough Attorney to be entered into with the Stonegate Condominium Association which Agreement is attached hereto and made a part hereof; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said Agreement on behalf of the Borough; and
BE IT FURTHER RESOLVED, that the Chief Financial Officer is authorized to issue payment to the Stonegate Condominium Association in the amount of $6,331.46 pursuant to the terms of the Agreement to reimburse the Condominium Association for reimbursable services under the provisions of the New Jersey Municipal Services Act for the 2008 calendar year.
On motion by Councilwoman Santucci, seconded by Councilwoman Maio and carried by majority roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – no
Resolution 044-10 RESOLUTION AUTHORIZING REIMBURSEMENT TO
HIGH POINT CONDOMINIUM ASSOCIATION FOR SOLID WASTE COLLECTION AND DISPOSAL
WHEREAS, the High Point Condominium Association is located in the Borough of Stanhope; and
WHEREAS, pursuant to the provisions of the Qualified Community Act, N.J.S.A. 40:67-23.2, the Condominium Association is entitled to receive certain services from the Borough or to receive compensation for said services in lieu of Borough providing same; and
WHEREAS, the Borough has elected to reimburse the High Point Condominium Association for the collection and disposal of solid waste in lieu of providing said services; and
WHEREAS, the Qualified Community Act requires the execution of a written Agreement between the Borough and the Condominium Association prior to the Borough reimbursing the Association for the services in question; and
WHEREAS, the Borough has a defined cost for the collection and disposal of municipal solid waste under a Contract entered into with Blue Diamond Disposal, Inc.; and
WHEREAS, pursuant to the provisions of the Act, the Borough shall reimburse the Association at the Borough’s cost or the Association’s cost for the collection and disposal of municipal solid waste, whichever is less; and
WHEREAS, a form of Agreement has been prepared by the Borough Attorney to be entered into with the High Point Condominium Association which Agreement is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said Agreement on behalf of the Borough; and
BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to issue payment to the High Point Condominium Association to reimburse the Association for the collection and disposal of municipal solid waste for the period of January 1, 2009 through December 31, 2009 provided that the Borough has received written proof from the Condominium Association as to its costs for the collection and disposal of municipal solid waste for the Association.
On motion by Councilman Benson, seconded by Councilwoman Maio and carried by majority roll call vote the foregoing resolution was duly adopted.
Mayor Kuncken asked Attorney Stein to explain the Kelly Act reimbursement to the public. Mr. Stein reported the Kelly Service Act is separated into two parts: 1) collection and disposal of solid waste and 2) other services. The Kelly Act incorporates reimbursement for services: snow/ice removal, leaf pick-up, street lighting, and the collection and disposal of recyclables and solid waste for condominiums and other private communities that pay taxes to a municipality but have also paid for private services. For example the Borough has a five year contract with one contractor to pick-up and dispose of solid waste. That translates to knowing the cost per house, per month, per year for five (5) years. The Borough has an ongoing contract with the condominium associations to reimburse them our costs or their costs, whichever is less. Each of our condominium associations hired their own haulers which is more expensive. We reimburse them what we would pay to have their solid waste picked up and disposed of.
Roll Call:
Councilman Murphy – absent Councilman Graham - abstain
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
Resolution 045-10 RESOLUTION AUTHORIZING REIMBURSEMENT TO
HIGH POINT CONDOMINIUM ASSOCIATION FOR SOLID WASTE COLLECTION AND DISPOSAL
WHEREAS, the High Point Condominium Association is located in the Borough of Stanhope; and
WHEREAS, pursuant to the provisions of the Qualified Community Act, N.J.S.A. 40:67-23.2, the Condominium Association is entitled to receive certain services from the Borough or to receive compensation for said services in lieu of Borough providing same; and
WHEREAS, the Borough has elected to reimburse the High Point Condominium Association for the collection and disposal of solid waste in lieu of providing said services; and
WHEREAS, the Qualified Community Act requires the execution of a written Agreement between the Borough and the Condominium Association prior to the Borough reimbursing the Association for the services in question; and
WHEREAS, the Borough has a defined cost for the collection and disposal of municipal solid waste under a Contract entered into with Blue Diamond Disposal, Inc.; and
WHEREAS, pursuant to the provisions of the Act, the Borough shall reimburse the Association at the Borough’s cost or the Association’s cost for the collection and disposal of municipal solid waste, whichever is less; and
WHEREAS, a form of Agreement has been prepared by the Borough Attorney to be entered into with the High Point Condominium Association which Agreement is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said Agreement on behalf of the Borough; and
BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to issue payment to the High Point Condominium Association to reimburse the Association for the collection and disposal of municipal solid waste for the period of January 1, 2010 through December 31, 2010 provided that the Borough has received written proof from the Condominium Association as to its costs for the collection and disposal of municipal solid waste for the Association.
On motion by Councilman Benson, seconded by Councilwoman Maio and carried by majority roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – absent Councilman Graham - abstain
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
Resolution 046-10 RESOLUTION AUTHORIZING REIMBURSEMENT TO
STONEGATE CONDOMINIUM ASSOCIATION FOR SOLID WASTE COLLECTION AND DISPOSAL
WHEREAS, the Stonegate Condominium Association is located in the Borough of Stanhope; and
WHEREAS, pursuant to the provisions of the Qualified Community Act, N.J.S.A. 40:67-23.2, the Condominium Association is entitled to receive certain services from the Borough or to receive compensation for said services in lieu of Borough providing same; and
WHEREAS, the Borough has elected to reimburse the Stonegate Condominium Association for the collection and disposal of solid waste in lieu of providing said services; and
WHEREAS, the Qualified Community Act requires the execution of a written Agreement between the Borough and the Condominium Association prior to the Borough reimbursing the Association for the services in question; and
WHEREAS, the Borough has a defined cost for the collection and disposal of municipal solid waste under a Contract entered into with Blue Diamond Disposal, Inc.; and
WHEREAS, pursuant to the provisions of the Act, the Borough shall reimburse the Association at the Borough’s cost or the Association’s cost for the collection and disposal of municipal solid waste, whichever is less; and
WHEREAS, a form of Agreement has been prepared by the Borough Attorney to be entered into with the Stonegate Condominium Association, which Agreement is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said Agreement on behalf of the Borough; and
BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to issue payment to the Stonegate Condominium Association to reimburse the Association for the collection and disposal of municipal solid waste for the period of January 1, 2009 through December 31, 2009 provided that the Borough has received written proof from the Condominium Association as to its costs for the collection and disposal of municipal solid waste for the Association.
On motion by Councilwoman Maio, seconded by Councilman Graham and unanimously carried by roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
Resolution 047-10 RESOLUTION AUTHORIZING REIMBURSEMENT TO
STONEGATE CONDOMINIUM ASSOCIATION FOR SOLID WASTE COLLECTION AND DISPOSAL
WHEREAS, the Stonegate Condominium Association is located in the Borough of Stanhope; and
WHEREAS, pursuant to the provisions of the Qualified Community Act, N.J.S.A. 40:67-23.2, the Condominium Association is entitled to receive certain services from the Borough or to receive compensation for said services in lieu of Borough providing same; and
WHEREAS, the Borough has elected to reimburse the Stonegate Condominium Association for the collection and disposal of solid waste in lieu of providing said services; and
WHEREAS, the Qualified Community Act requires the execution of a written Agreement between the Borough and the Condominium Association prior to the Borough reimbursing the Association for the services in question; and
WHEREAS, the Borough has a defined cost for the collection and disposal of municipal solid waste under a Contract entered into with Blue Diamond Disposal, Inc.; and
WHEREAS, pursuant to the provisions of the Act, the Borough shall reimburse the Association at the Borough’s cost or the Association’s cost for the collection and disposal of municipal solid waste, whichever is less; and
WHEREAS, a form of Agreement has been prepared by the Borough Attorney to be entered into with the Stonegate Condominium Association, which Agreement is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said Agreement on behalf of the Borough; and
BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to issue payment to the Stonegate Condominium Association to reimburse the Association for the collection and disposal of municipal solid waste for the period of January 1, 2010 through December 31, 2010 provided that the Borough has received written proof from
the Condominium Association as to its costs for the collection and disposal of municipal solid waste for the Association.
On motion by Councilman Benson, seconded by Councilwoman Santucci and unanimously carried by roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
Resolution 048-10 RESOLUTION AUTHORIZING THE AWARD OF NON FAIR AND OPEN CONTRACTS FOR PROFESSIONAL SERVICES FOR
THE BOROUGH OF STANHOPE FOR THE YEAR 2010
WHEREAS, the Borough of Stanhope has a need for professional services for the year 2010 of Borough Attorney, Borough Labor Attorney, Borough Prosecutor, Borough Engineer, Borough Auditor and Borough Planner; and
WHEREAS, the Chief Financial Officer has determined and certified in writing that the value of the position of each of the agreements will exceed $17,500.00; and
WHEREAS, the anticipated term of each contract is one year; and
WHEREAS, Laddey, Clark & Ryan, LLP has submitted a proposal to provide legal services as Borough Attorney and Borough Prosecutor for the year 2010; and
WHEREAS, Robert J. Merryman, Esq. of the firm Apruzzese, McDermott, Mastro & Murphy has submitted a proposal to provide legal services as Borough Labor Attorney for the year 2010; and
WHEREAS, Omland Engineering Associates, Inc. has submitted a proposal indicating that it will provide engineering services as Municipal Engineer for the Borough of Stanhope for the year 2010; and
WHEREAS, Nisivoccia & Company, LLP has submitted a proposal indicating that it will provide auditing services as Municipal Auditor for the Borough of Stanhope for the year 2010; and
WHEREAS, Scarlett S. Doyle, PP of John Cilo, Jr. Associates, Inc. has submitted a proposal indicating that she will provide professional planning services as Borough Planner for the Borough of Stanhope for the year 2010; and
WHEREAS, each of the aforesaid professionals has completed and submitted a Business Entity Disclosure Certification certifying that they have not made any reportable contributions to a political or candidate committee in the Borough of Stanhope in the previous one year and that the contract will prohibit said professional from making any reportable contribution through the term of the contract; and
WHEREAS, each of the aforesaid professionals has completed and submitted a Political Contribution Disclosure Form; and
WHEREAS, the Chief Financial Officer of the Borough of Stanhope has certified the availability of funds for this contract pursuant to NJAC 5:30-5.4;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be and the same are hereby authorized to execute individual agreements with each Borough Professional named herein above; 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 notice of the above contract shall be published by the Borough in accordance with the provisions of the Local Public Contracts Law.
On motion by Councilman Benson, seconded by Councilwoman Maio and unanimously carried by roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
Resolution 049-10 RESOLUTION AUTHORIZING THE AWARD OF CONTRACTS FOR PROFESSIONAL SERVICES FOR THE BOROUGH OF STANHOPE FOR THE YEAR 2010 FOR MUNICIPAL PUBLIC DEFENDER
WHEREAS, the Borough of Stanhope has a need for professional services for the year 2010 of Borough Public Defender; and
WHEREAS, it is not anticipated that the value of the position will exceed $17,500.00; and
WHEREAS, the anticipated term of the contract is one year; and
WHEREAS, Daniel A. Colfax, Esq. has submitted a proposal indicating that he will provide legal services as Municipal Public Defender for the Borough of Stanhope for the year 2010; and
WHEREAS, the agreement with Mr. Colfax shall not exceed the bid threshold of N.J.S.A. 40A:11-1 et seq. and therefore the provisions of N.J.S.A. 19:44A-8 are not applicable thereto; and
WHEREAS, the Chief Financial Officer of the Borough of Stanhope has certified the availability of funds for this contract pursuant to NJAC 5:30-5.4;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be and the same are hereby authorized to execute an agreement with Mr. Colfax as Municipal Public Defender for the Borough of Stanhope for the year 2010.
On motion by Councilwoman Maio, seconded by Councilman Graham and unanimously carried by roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
Resolution 050-10 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL SERVICES FOR THE BOROUGH OF STANHOPE FOR THE YEAR 2010 FOR CONFLICT COUNSEL
WHEREAS, the Borough of Stanhope has need for professional legal services for the year 2010 for Borough Conflict Counsel; and
WHEREAS, it is not anticipated that the value of the contract will exceed $17,500.00; and
WHEREAS, the anticipated term of the contract is one year; and
WHEREAS, Mark J. Hontz, Esq. has submitted a proposal indicating that he will provide legal services to the Borough as Conflict Counsel for the year 2010; and
WHEREAS, the agreement with Mr. Hontz shall not exceed the bid threshold of N.J.S.A. 40A:11-1 et seq. and therefore the provisions of N.J.S.A. 19:44A-8 are not applicable thereto; and
WHEREAS, the Chief Financial Officer of the Borough of Stanhope has certified the availability of funds for this contract pursuant to N.J.S.A. 5:30-5.4;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be and the same are hereby authorized to execute an agreement with Mr. Hontz as Municipal Conflict Counsel for the Borough of Stanhope for the year 2010.
On motion by Councilman Benson, seconded by Councilman Graham and unanimously carried by roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
Resolution 051-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING THE CFO TO TRANSFER FUNDS
Error! Objects cannot be created from editing field codes.On motion by Councilman Benson, seconded by Councilman Graham and unanimously carried by roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
Resolution 052-10 RESOLUTION APPROVING THE MAYOR’S APPOINTMENT OF THE BOROUGH’S REPRESENTATIVE TO THE MUSCONETCONG SEWERAGE AUTHORITY WITH COUNCIL CONCURRENCE
Mayor's appointment of Edward Schwartz as the Borough representative to the Musconetcong Sewerage Authority with Council Concurrence.
BE IT RESOLVED by the Council of the Borough of Stanhope that they do hereby concur with the Mayor's appointment of Edward Schwartz as the Borough’s representative to the Musconetcong Sewerage Authority for a 5-year term effective February 1, 2010;
BE IT FURTHER RESOLVED that the Clerk be and is hereby directed to send a certified copy of this resolution to the New Jersey Secretary of State together with a voucher for the filing fees.
On motion by Councilman Benson, seconded by Councilman Graham and unanimously carried by voice vote the foregoing resolution was duly adopted.
PAYMENT OF BILLS
Resolution 053-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING PAYMENT OF BILLS
WHEREAS, the Chief Finance Officer has certified that funds are available in the proper account; and
WHEREAS, the Chief Finance Officer has approved payment upon certification from the Borough Department Heads that the goods and/or services have been rendered to the Borough;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the current bills list, dated January 26, 2010 and on file and available for public inspection in the Office of the Chief Finance Officer and approved by the Chief Finance Officer for payment, be paid.
On motion by Councilwoman Santucci, seconded by Councilman Graham and unanimously carried by roll call vote the foregoing resolution was duly adopted.
Councilman Graham asked the CFO if she completed the bills list changes. The CFO answered affirmatively but added there is one voucher still waiting for a department head signature. It was decided to keep the bill list as is and hold the check until the signature is obtained.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
ATTORNEY’S REPORT
Mr. Stein has nothing to report. Mr. Stein administered the Oath of Office to Mr. Schwartz.
COUNCIL BUSINESS
Councilwoman Maio spoke on behalf of the Fire Department asking permission to purchase ice rescue equipment consisting of two (2) wetsuits, sled and gear to enable them to back up the Ambulance Corp. The total cost is $3,293.00 which is unbudgeted, but the CFO has said funds are available from the truck ordinance. The push to obtain the equipment immediately is to allow the Fire Department personnel to join a joint training with Byram Township and the Ambulance Corp on Sunday. Mayor Kuncken called for a motion to authorize the purchase of ice rescue equipment for the Fire Department.
On motion by Councilwoman Maio, seconded by Councilwoman Santucci and unanimously carried by roll call vote the governing body authorized the purchase of ice rescue equipment for the Fire Department in the amount of $3,293.00.
Roll Call:
Councilman Murphy – absent Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – absent
Councilwoman Maio – yes Councilman Benson – yes
2010 Municipal Budget
Mayor Kuncken invited CFO, Dana Mooney, to come forward to speak about the Municipal Budget. The CFO reported she has distributed to the governing body the preliminary Budget Packet for 2010. The preliminary figures show the Current Fund surplus is regenerated, but, the utilities surplus has decreased. The CFO also reported she and the Administrator have been meeting with department heads to go over the individual department budgets and making adjustments to the work papers. The CFO asked the governing body to return their budget books to her so she may insert updated pages.
The CFO also discussed different allocations of salaries and health benefits to the utilities resulting in a significant reduction in insurance charges to the Current Fund and directed the governing body to review the color-coded spreadsheet in the revised pages to highlight how the allocation was done.
The CFO asked the governing body to schedule the special budget meeting on February 16, 2010. The Clerk will advertise the Special Budget Meeting for 7:00 p.m. on February 16th.
CITIZENS TO BE HEARD
Mayor Kuncken opened the meeting to the public after advising attendees that there is a five (5) minute time limit for each speaker.
Seeing no one from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
GENERAL DISCUSSION
Mr. Paul Messerschmidt, of Dietz and Hammer, reported he received an answer on Risk Management fees. Mr. Messerschmidt said the fees are paid by the Joint Insurance Fund (JIF) based on the Borough’s assessment. A six (6%) percent fee is paid to Dietz and Hammer by JIF and no funds are paid by the Borough for their services. Mayor Kuncken noted a Resolution would be added to the February 9, 2010 agenda and again thanked Dietz and Hammer for their presentation.
CLOSED SESSION
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231 P.L. 1975 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 Stanhope, County of Sussex, New Jersey as follows:
1. The public shall be excluded from discussion of and action upon the hereinafter-specified subject matter(s).
2. The general nature of the subject matter(s) to be discussed is as follows:
1 Potential Litigation – Contractor’s Claims
1 Attorney-Client - Morris Canal
- Advice for Governing Body and
Commission Members
3. It is anticipated at this time that the above stated subject matter(s) will be made public at the conclusion of each individual specified subject matter.
4. This resolution shall take effect immediately.
On motion by Councilman Benson, seconded by Councilwoman Maio, and carried by unanimous voice vote, the foregoing resolution was adopted.
Mayor and Council went into Closed Session at 9:15 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 9:50 P.M. with all present.
Mayor Kuncken reported it was brought to her attention that the Recreation Commission wants to discontinue the combined Summer Recreation Program with Netcong. The Mayor questioned if this is a Recreation Commission decision. The governing body would like to foster this type of program and would like it continued. The Administrator will contact the Recreation Commission Chairperson and question their reasons for discontinuing the shared program and advise her of the governing body’s position.
Mayor Kuncken asked for a motion to extend the temporary help for the Court Administrator at the same hours and salary from January 1, 2010 through March 31, 2010. On motion by Councilwoman Maio, seconded by Councilman Graham, and unanimously carried by the following roll call vote, the above motion was approved.
Roll Call: Councilwoman Santucci - yes Councilman Graham – yes
Councilwoman Maio – yes Councilman Vance - absent
Councilman Murphy – absent Councilman Benson – yes
ADJOURNMENT
On a motion by Councilwoman Maio, seconded by Councilman Benson, and unanimously carried by voice vote the meeting was adjourned at 9:55 P.M.
Approved:
Lynda Knott
Deputy Borough Clerk
For Ellen Horak, RMC
Borough Clerk