FOR IMMEDIATE RELEASE Stanhope, NJ - May 27, 2010
MAYOR AND COUNCIL
WORK SESSION AND
AGENDA MEETING
April 13, 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 New Jersey Herald and the Daily Record on January 4, 2010 and was placed on the Official Bulletin Board in the Municipal Building.
Furthermore, notice of the early Closed Session was sent to the New Jersey Herald and Daily Record on April 1, 2010 and was 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 date, time 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 - present Councilman Graham – present
Councilwoman Santucci – present Councilman Vance - present
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 Contract - Morris Canal
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 7:00 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 7:52 P.M. with all present. Mayor Kuncken called for a ten minute recess.
PRESENTATIONS
Musconetcong Sewerage Authority
Mayor Kuncken invited Edward Schwartz to come forward. Mr. Schwartz is one of the Borough’s representatives on the Musconetcong Sewerage Authority. Mr. Schwartz spoke about discussions at the last MSA meeting, most notably the flow readings from March. There were two storms during the month and the Borough’s flows were extraordinary with the average being 646,000 gallons per day for the month. There were 19 days that the Borough was over their allocation. Mr. Schwartz stated they feel it is the sump pumps and he recommended the Borough look into adopting an ordinance to address the matter. Mt. Olive has an ordinance that requires all sump pumps be drained to the street. The MSA is willing to assist the Borough. Councilman Benson, also a Borough representative on the MSA, added that he has been tracking the Borough’s flows and they have never been as high, but there has not been a decrease since the slip lining of Musconetcong Avenue. Mr. Schwartz stated the MSA has meters the Borough can use to try to isolate the area. The MSA is willing to help as best they can. Mayor Kuncken thanked Mr. Schwartz for his attendance.
Budget Discussion
Mayor Kuncken invited Ray Sarinelli, the Borough’s Auditor, to come forward. Mr. Sarinelli gave an overview of the 2010 Municipal Budget. He met earlier this week with the CFO and Finance Committee to review the status of the Budget and give his opinion. During the meeting a few adjustments were made to the Budget. The amount of surplus anticipated was adjusted from $620,000 to $695,000. The only other new item was a reserve to pay debt service of $60,000 over two years. The result is a Budget with a modest tax increase of between 1.25% and 2.1%. For the average taxpayer this equates to between $25 to $41 tax dollars. Mr. Sarinelli spoke about the possible substantial increase in trash collection and stated he would prefer they use less revenue. If the Governing Body included this as a line item and did not take the funds from surplus, the difference would be approximately $8.50 per quarter for the taxpayer.
Mr. Sarinelli reviewed the water operating budget. The budget is ok for this year; however there will be the issue of a capital project in the future for the new water tower. Mr. Sarinelli also reviewed the sewer budget and made one minor change, being to pay down the bond note. This budget is ok for this year, and hopefully the next two years. Mr. Sarinelli commented that it is the Borough’s intention to introduce the Budget at the April 27th meeting.
Mayor Kuncken thanked Mr. Sarinelli for his attendance.
ENGINEER’S REPORT
Water Storage/Infrastructure Improvements
Engineer Keller reported he received comments from the DOW Superintendent on the draft final report and will have Mr. Storms comments incorporated therein. If no other comments are received, he will issue the final report to the Borough. Mr. Keller will make adjustments to the proposal he submitted for the preparation of design plans and permitting for improvements to the Borough’s water system and will proceed upon authorization of the contract.
Highlands Conformance Analysis
Engineer Keller reported he is awaiting comments on the final draft Initial Planning Grant report and upon receipt; he will revise and submit the report to the Highlands Council.
High Street/Plane Street Reconstruction/Water Main Replacement
Engineer Keller reported a meeting was held with the Mayor, the Infrastructure Committee (Councilman Vance, Councilman Murphy and the Administrator) and DPW Superintendent Storms to discuss several issues and policy matters. Based upon that meeting, he has completed the draft final design drawings for this project. Mr. Keller noted they need to expand the plans to include replacement of additional storm sewers at the intersection of New Street. Mayor Kuncken asked Mr. Keller to bring the plans to the May Work Session meeting so the entire governing body will have an opportunity to view them. Mayor Kuncken stated she, Councilman Vance, Councilman Murphy and Mr. Keller will walk the community to speak to the residents about the project and concerns they may have.
Main Street Reconstruction Phase II
Mr. Keller reported he viewed the video today with Mr. Storms and the Administrator. Mayor Kuncken informed the public that the DPW video tv’d the Morris Canal pipe to determine its condition. Mr. Keller stated the pipe was cleaned and they viewed it through all three stretches from the cistern to the retaining wall and to the “big dig”. The pipe itself is in good condition. There was no apparent root growth that would show damage to the pipe. Mr. Keller advised that the pipe does not run down the middle of the driveway; it veers and goes under the corner of the front building of the Fire Department. Mr. Keller stated that, after looking at the video of the pipe, he is more comfortable with it “as is.” Mr. Keller recommended they move forward immediately. Mayor Kuncken stated they must reach out to Helen Maurella. Councilwoman Maio suggested waiting until after Clean Up Day which is being held on April 24th. Mayor Kuncken suggested meeting with Ms. Maurella to discuss the matter and tell her their plan to wait until after Clean Up Day.
Councilwoman Santucci asked Mr. Keller if he checked on the usage of wood chips for Clean Up Day. Mr. Keller responded he has not obtained that information yet.
Mayor Kuncken asked Mr. Keller for an update on the Main Street lights. Mr. Keller gave a brief history of the issues with the lights. He attended a meeting with Mayor Kuncken, Councilwoman Maio, Councilman Vance, Mr. Stewart and Ed Zamengo, a resident who is a lighting expert to discuss the concerns with the wattage of the lights. Mr. Zamengo noted the time and effort that went into the lighting plan and he suggested using a lower wattage of 70 watts for the residential area. Mr. Keller has contacted the lighting manufacturer who agreed to provide five 70 watt metal halide bases for the light fixtures in the residential area at no cost to the Borough. They should be shipped in two weeks. Mr. Keller stated he is waiting for a quote from Tiffany Electrical for the installation of the new fixtures. The Administrator advised that Mr. Zamengo took readings and he should have the calculations by the end of the week. Mr. Keller spoke about the shields that were installed. The shields installed are designed for the standard metal halide lights and will shield the lamps where the 70 watt bulbs are installed. Halophane can fabricate a taller shield to cover the 175 watt bulb, which they never made the Borough aware of when the original lights were ordered. Councilwoman Maio suggested looking to the taller shields for the other section of Main Street where the 175 watt bulbs remain.
Councilwoman stated patriotic banners have been ordered and should arrive shortly. The Chamber of Commerce and American Legion each donated half the cost, so there will be no cost to the Borough. Mayor Kuncken stated a civic group offered to help fund additional banner, if desired.
ADMINISTRATOR’S REPORT
On motion by Councilman Vance, seconded by Councilman Graham, and unanimously carried by voice vote the Administrator’s Report was accepted and ordered placed on file.
Mr. Stewart presented photographs showing the final product of work done by the DPW during the winter. The DPW rebuilt and restored a 12 year old wood chipper that now looks brand new.
COUNCIL DISCUSSION
Trails and Greenway Plan
Mayor Kuncken noted that a revised map was distributed. Mayor Kuncken asked for comments from the Governing Body with respect to the Plan. The next step is for the Governing Body to accept the Plan and forward it to the Land Use Board. Councilman Graham noted concern regarding easements and private property indicated in the Plan. Councilman Graham directed the Governing Body to page 21 of the Plan. Councilwoman Maio noted the initial introduction states this document requires further research and discussion. Councilman Graham questioned the affect once this document becomes a part of the Master Plan. Councilman Benson responded that the document is a vision.
Janice Hunts, present in the public, clarified that the grant was given as a conceptual planning grant only and not to provide details of any part of the plan that may or may not be implemented by the Borough. There is nothing that is ready to be implemented without a decision by the Council and Land Use Board. Councilwoman Maio spoke about establishing a trails committee who will oversee potential trails, if it is not the Governing Body. Ms. Hunts noted there is an established trails subcommittee and if suggestions in the plan were to be implemented, it would be good to have the committee focus on it.
Nicole Member, present in the public, stated the purpose of the grant is to look for ways to connect different parts of the community other than the use of roads. They researched everything that could possibly be done. This is a conceptual plan only. The plan contains ideas that the Borough may want to act on. It is a vision of where we want to go with what we have.
Mayor Kuncken asked that the plan be sent to Mr. Stein for review.
2010 Green Communities Grant Agreement
Mayor Kuncken noted this topic is on the Agenda for discussion due to comments made by the Borough Attorney. Councilwoman Maio ready paragraph 5 of Mr. Stein’s letter which states the state’s obligation to reimburse the Borough under the Grant Agreement is contingent upon the legislature appropriating funds in the next fiscal year. If for any reason, the legislature failed to appropriate funding in the next fiscal budget under the grant program, the Borough would be obligated to pay the contractor the agreed sum for any work performed on the project. The Governing Body agreed to budget $3,000 in anticipation of the state reneging on the grant agreement.
Waterloo Bridge
Mayor Kuncken noted there is a resolution on the Agenda with regard to the Waterloo Bridge. Mayor Kuncken recapped the public hearing that was held on the matter which was attended by Borough officials. After investigating, it was determined that a repair of the bridge would not be funded, only a replacement of the bridge. They have narrowed the bridge and kept the character. The new bridge will incorporate the existing trusses and will have a look similar to the original bridge. During the public hearing, a resident spoke about the grate looking over the river. The new sidewalk will have an open grate. A resolution of support from the Governing Body is needed in order to proceed. Mayor Kuncken asked Council about their support of the resolution listed on the Agenda. Councilwoman Santucci passed. Councilman Benson supported the resolution. Councilman Murphy stated the bridge is being designed to federal specifications. We presently have a 9 ton bridge and can suffice with a 15 ton bridge. We do not need the proposed 45 ton bridge. Councilman Murphy expressed his opinion that the new bridge to too much for the Borough and will result in more truck traffic through the town. Mayor Kuncken stated there is federal money available to fund the project. If the Governing Body opposes the project and it goes away, we will never see the money again and the bridge will continue to be downgraded. Eventually, the bridge will be closed and the Borough will lose one of the access points to our community. The Governing Body can regulate the size and speed on our side of the bridge. Councilwoman Maio noted her concern with the weight; however if the Borough can regulate the size and speed she supports the resolution. Councilman Vance agreed that if the Borough can regulate size and speed, he supports the resolution. Councilman Graham stated he is in favor of the project. The use of the existing steel, trusses and sidewalk will keep the look of and maintain the character of the bridge.
Councilman Murphy asked the Administrator to provide him with a copy of the report.
Public Works Repairer
The Administrator stated he received notice from Civil Service about the exam for the position of Public Works Repairer. All employees eligible to take the test have been notified and received the application. There is no requirement for the Governing Body to appoint a Repairer. The Borough’s only obligation is to post the notice.
NEW BUSINESS
RESOLUTIONS
Mayor Kuncken offered the following resolutions which were read by title:
Resolution 084-10 RESOLUTION SUPPORTING THE MORRIS COUNTY DIVISION OF ENGINEERING’S RECOMMENDED ALTERNATIVE FOR
REPLACING THE WATERLOO ROAD BRIDGE OVER THE MUSCONETCONG RIVER BETWEEN STANHOPE BOROUGH, SUSSEX COUNTY, AND MOUNT OLIVE TOWNSHIP AND NETCONG BOROUGH, MORRIS COUNTY
WHEREAS, regular bridge inspections conducted by the Morris County Department of Public Works, Division of Engineering (Morris County Engineering) have identified the Waterloo Road Bridge over the Musconetcong River between Stanhope Borough, Sussex County, and Mount Olive Township and Netcong Borough, Morris County (Waterloo Road Bridge) as being structurally deficient and functionally obsolete; and
WHEREAS, if not addressed, the condition of the Waterloo Road Bridge poses increasing hazards to public safety; and
WHEREAS, the North Jersey Transportation Planning Authority (NJTPA) has authorized Morris County Engineering and allocated funding in its Transportation Improvement Plan to undertake a Scoping Study for the replacement of the Waterloo Road Bridge; and
WHEREAS, preliminary alternative concepts for replacing the existing Waterloo Road Bridge with a structure of current standard design and dimensions were deemed by the public, and affirmed by qualified experts, to have negative effects on the National Register eligible Stanhope Historic District, as well as the character of the surrounding neighborhood; and
WHEREAS, Morris County Engineering, in response to public input and the requests of this governing body; has most recently proposed an alternative concept to replace the existing Waterloo Road Bridge with a structure that meets the minimum dimensions allowed under federal funding, and incorporates the distinctive pony trusses and sidewalk of the existing bridge; and
WHEREAS, at an open, publicly-noticed meeting of residents, citizens, borough officials, and invited consulting parties with an identified interest in history or historic preservation, held on March 15, 2010, a degree of consensus and support was achieved in favor this alternative concept; and
WHEREAS, a municipal Resolution of Support is required as part of the Categorical Exclusion Documentation for this project under the National Environmental Protection Act of 1969;
NOW THEREFORE, BE IT RESOLVED that the Council of Stanhope Borough, Sussex County, New Jersey hereby declares and affirms its support of Morris County
Engineering’s Preferred Alternative, using the trusses of the existing Waterloo Road Bridge as an aesthetic treatment and reusing the existing sidewalk on a new structure and utilizing the existing stone facing, subject to the terms of formal agreements implementing same:
On motion by Councilman Graham, seconded by Councilman Benson and carried by majority voice vote the foregoing resolution was duly adopted. Councilman Murphy opposed the resolution.
Resolution 086-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING CANCELLATION OF MUNICIPAL CERTIFICATE OF SALE
WHEREAS, Certificate of Safe #2009-19 was issued to Stanhope Borough, 77 Main Street, Stanhope, New Jersey 07874 for delinquent 2008 taxes on Block 10607, Lot 8 (3 Walton Street), assessed to Award Builders, LLC, at a tax sale held on October 26, 2009; and,
WHEREAS, the assessed owner, Award Builders, LLC, have redeemed Certificate #2009-19 by paying the full amount of the delinquency.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of the Borough of Stanhope are hereby authorized to endorse Certificate of Sale #2009-19 for cancellation.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Borough Chief Financial Officer/Tax Collector.
On motion by Councilman Benson, seconded by Councilman Graham and unanimously carried by the following roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – yes Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 087-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF
STANHOPE AUTHORIZING REFUND OF OVERPAYMENT OF 2009 PROPERTY TAXES
WHEREAS, the Borough received a payment from Colson Enterprises, Inc. in the mail that had no paperwork attached except for the homeowners’ last name, and payment was applied to the homeowners’ property tax account; and
WHEREAS, the payment was meant to pay for a building permit, and a subsequent payment was made toward the permit; and
WHEREAS, the first payment created an overpayment on the homeowners’ tax account, and the bank will be making further payments toward property taxes;
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, that a warrant be drawn to the homeowners’ oil tank installation company in the designated amount representing an overpayment of taxes, as follows:
Payor/Payee Information:
Block Lot Name & Address Tax Year Amount
11102 2 Colson Enterprises, Inc. 2010 $ 243.00
20 Route 183
Netcong, New Jersey 07857
Homeowner Information: Dennis & Karen Hansen
12 High Street
Stanhope, New Jersey 07874
On motion by Councilman Benson, seconded by Councilman Graham and unanimously carried by the following roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – yes Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 088-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF
STANHOPE AUTHORIZING THE ISSUANCE OF RAFFLE LICENSE RA- 563
WHEREAS the following Raffle Application with required fees has been submitted for Mayor and Council approval;
Raffle # Applicant Date Type of Game
RA-563 Stanhope Hose Company #1 07-11-10 Off-Premise Raffle
and;
WHEREAS said Raffle Application has been provided to the Mayor, Council and Police Department for their review;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey, the following:
The appropriate officials are hereby authorized to execute the findings and determination for the above applications and shall forward same to the Legalized Games of Chance Control Commission (LGCCC) for review.
That the above licenses shall be issued pending LGCCC approval, pursuant to N.J.A.C. 13.1 et seq.
On motion by Councilwoman Maio, seconded by Councilman Benson and unanimously carried by voice vote the foregoing resolution was duly adopted.
Resolution 089-10 2010 GREEN COMMUNITIES GRANT BETWEEN THE BOROUGH OF STANHOPE AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT IDENTIFIER: PF08-127
The governing body of the Borough of Stanhope desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $7,000 to the following project: 2009 Business Stimulus Fund (BSF).
Therefore, the governing body resolves that Richard W. Stewart or the successor to the office of Borough Administrator is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $7,000 and not more than $7,000, and (c) to execute any amendments thereto which do not increase the Grantee’s obligations.
*The Borough of Stanhope Mayor and Council authorizes and hereby agrees to match n/a% of the Total Project Amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified. n/a% of the match will be made up of in-kind services (if allowed by grant program requirements and the agreement).*
The Grantee agrees to comply with all applicable federal, State, and municipal laws, rules, and regulations in its performance pursuant to the agreement.
Introduced and passed April 13, 2010.
On motion by Councilwoman Maio, seconded by Councilman Vance and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilman Murphy – yes Councilman Graham - yes
Councilwoman Santucci – yes Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
PAYMENT OF BILLS
Resolution 090-10 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 April 13, 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 Councilman Benson, seconded by Councilman Graham, and unanimously carried by the following roll call vote, the above resolution was adopted.
Roll Call: Councilwoman Santucci - yes Councilman Graham – yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Murphy – yes Councilman Benson – yes
AGENDA ITEMS
All items listed on the Agenda for April 27, 2010, with the exception of the Resolution Awarding Contract to Borough Engineer to Perform Certain Engineering Design Services for the Water system Improvement Program were approved.
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.
Janice Hunts, 17 Reeve Avenue, Stanhope spoke as Chair of the Shade Tree Commission and thanked the Governing Body for including a Proclamation for Arbor Day on the next meeting agenda. Ms. Hunts stated Arbor Day is April 30th and they hope to have trees for planting.
Nicole Member, 10184 Dell Place thanked the Mayor and Council for their efforts on behalf of the community.
Seeing no one further from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
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:
3 Personnel
1 Contract
1 Potential Litigation
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 Councilman Graham, and carried by unanimous voice vote, the foregoing resolution was adopted.
Mayor and Council went into Closed Session at 9:50 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 11:15 P.M. with all present.
ADJOURNMENT
On a motion by Councilwoman Maio, seconded by Councilman Graham, and unanimously carried by voice vote the meeting was adjourned at 11:15 P.M.
Approved:
Ellen Horak, RMC
Borough Clerk