FOR IMMEDIATE RELEASE Stanhope, NJ - May 27, 2010
MAYOR AND COUNCIL
REGULAR MEETING
April 27, 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 – present (7:10) 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 Personnel
6 Contracts – Hoer Subdivision
- Affordable Housing Loan
- Highpoint Condominium – Solid Waste
- Water Tower
- Shared Court
- Tiffany Electric
1 Litigation – Isolatek Tax Appeal
4 Potential Litigation – Stanhope School Defeated Budget
- Lenape Valley School Defeated Budget
- Water Tower/Pittsburgh Tank
- SCMUA
1 Attorney-Client
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 Vance, and carried by unanimous voice vote, the foregoing resolution was adopted.
Mayor and Council went into Closed Session at 7:03 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 7:55 P.M. with all present as before. Mayor Kuncken called a five 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.
PROCLAMATION – Arbor Day 2010
Mayor Kuncken read aloud the 2010 Arbor Day Proclamation naming April 30th as Arbor Day and presented the proclamation to Ms. Janice Hunts, Chairman of the Shade Tree Commission. Ms. Hunts reported the Shade Tree Commission will be planting four (4) flowering Dog Wood Trees on the slope in Salmon Memorial Park. All interested parties should meet at 1:00 p.m. at the basketball courts.
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.
MINUTES FOR APPROVAL
Mayor Kuncken read aloud the list of minutes being presented for approval:
March 2, 2010 Special Budget Meeting
March 9, 2010 Work Session/Agenda Meeting & Closed Session
On motion by Councilman Graham seconded by Councilman Benson and carried by unanimous voice vote, minutes, the above listed minutes were approved.
CORRESPONDENCE (List Attached)
On motion by Councilman Benson, seconded by Councilwoman Maio, and unanimously carried by voice vote the list of correspondence was accepted and ordered placed on file.
ADMINISTRATOR’S REPORT
On motion by Councilwoman Maio, seconded by Councilman Graham, and unanimously carried by voice vote the Administrator’s Report was accepted and ordered placed on file.
COUNCIL COMMITTEE REPORTS
Public Safety – Councilmen Maio/Santucci
Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management - Councilwoman Maio reported she is waiting for a meeting date with the Fire Department so the five year replacement of equipment can be discussed.
Finance & Administration – Councilmen Benson/Graham
Tax Assessment, Tax Collection, Water & Sewer Cashier, Treasurer, Health & Other Insurance, Personnel- Councilman Benson reported water rents through March 2010 are $68,900 compared to $80,000 in 2009. Sewer rents through March 2010 are $148,000 compared to $178,000 in 2009. The first quarter 2010 tax collection rate is ninety five percent (95%).
Community Development – Councilmen Graham/Vance
Zoning, Construction Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization-. Councilman Graham stated his report will be discussed during the Council Business topic of Housing Element.
Municipal Infrastructure – Councilmen Vance/Murphy
Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds – Mayor Kuncken reported she, Councilman Vance, Frank Russo from Omland Engineering and the Administrator walked High and Plane Streets in preparation of the upcoming project funded by a DOT grant. The group knocked on doors and spoke with residents about the project and the impact on their properties.
Information Technology – Councilwoman Santucci/Benson
Acquisition of Hardware & Software, Technical Equipment Services, Telecommunication, Cable Television Franchise- Councilwoman Santucci reported she is scheduling a meeting to be held soon.
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 – Councilman Murphy reported the Shade Commission, Environmental Commission and other interested parties did a preliminary clean up and trails project below the basketball court at Salmon Memorial Park. They created trails to the water and to the look-out. An idea that was discussed is to convert the area to an arboretum. As a token of support to those working on the clean-up Bells Mansion owner, Jack Kazynski, offered lunch to all volunteers.
Main Street Streetscape - Councilwoman Maio/ /Vance – Councilwoman Maio reported the 75 watt ballasts and bulbs are scheduled to arrive tomorrow. As soon as the contract with the electrician in finalized the bulbs and ballasts will be installed. The new banners are up and Councilwoman Maio thanked the Stanhope Chamber of Commerce and American Legion for their contributions making the new banners possible.
On motion by Councilman Murphy, seconded by Councilman Vance, and unanimously carried by voice vote the committee reports were accepted.
COUNCIL BUSINESS
Capital Improvement Fund – Budget – Crack Sealer Machine
DPW Superintendent Bill Storms requested a Crack Sealer Machine in his budget requests for 2010. Mr. Storms provided additional information for the governing body. The machine is intended to fill cracks prior to the oil and stone program. It is a two man operation. The machine has an air compressor on the front to blow cracks clean. The second man follows behind with a wand with a handle pull to allow the sealer material to flow and a squeegee to finish. Councilman Murphy asked what the crack sealer material is made from. Mr. Storms replied it is old tires that are chipped and melted. Mr. Storms added the State, County and Sparta have been using this type of machine for many years. Mr. Storms reported the cost of the machine is approximately $35,000.00. He feels it will save the Borough money because the Borough’s streets are no longer able to just be repaved. They must be milled first and the cost of milling a street and paving is approximately $80,000.00. Mayor Kuncken noted a resident had experience with a similar machine almost blowing up. Mr. Storms replied that the new machines are not propane fired and equipped with many safety features. Councilwoman Maio asked if the machine could be used as a patch afterward. Mr. Storms replied affirmatively. Mr. Storms said he spoke with Sparta and they will not share their machine because it is in use too often. Roxbury and Jefferson do share a machine, but, sharing has become an issue when one municipality does not properly clean the machine. Mr. Storms added the price includes a day of training on use and properly cleaning the machine. Mayor Kuncken thanked Mr. Storms for the information and said the governing body would discuss the machine and make their decision.
Town with a Heart Silent Auction
Mayor Kuncken asked the members of the governing body if they were interested in contributing to a basket for the Town with a Heart Silent Auction to be held at the Stanhope Spring Festival. Mayor Kuncken reminded the governing body the funds must come from their personal monies. The governing body agreed they would like to donate a basket. The Clerk will collect the donations and create the basket on their behalf.
Housing Element
Councilman Graham reported the Borough is obligated to prepare a Housing and Fair Share Plan. The due date for the plan is June 8, 2010 which was extended from December 8, 2009 because the Borough is considering plan conformance with the Highlands Master Plan. Councilman Graham said he gave each member of the governing body a copy of the draft plan and noted the Borough’s affordable housing quotas are on page 36. Councilman Graham spoke with Eileen Swan of the Highlands Council and she suggested the Borough send a personal and confidential draft of the Housing and Fair Share Plan to the Highlands Council for review. The Highlands Council will send their comments back to the governing body to incorporate into the document. Councilman Graham feels there will be no problem meeting the deadline. Mayor Kuncken inquired if the module could be invoiced for payment. Councilman Graham answered affirmatively and stated he spoke with the CFO and modules 1, 2, and 3 were already invoiced and 4 and 5 were ready to be sent in for reimbursement. Mayor Kuncken reported Eric Keller would be doing the addendum and the CFO invoices for the first grant. Councilman Graham added the Environmental Resource Inventory will be put together in June and he will ask Borough Engineer Keller to do the submittal. Mayor Kuncken asked Borough Attorney Stein if he was in agreement. Mr. Stein answered affirmatively. Mayor Kuncken added reimbursement of modules 2 and 3 was already received. Councilwoman Maio asked what the final date is for deciding whether to opt-in or opt-out of the Highlands Master Plan. Councilman Graham answered June 8, 2010. Mr. Stein stated the June 8th deadline is for submissions, but you can opt-in at any time. It is strictly voluntary to opt-in since the Borough is in the Planning Area. Councilwoman Maio said she thought the Borough had to give the Highlands Council a definitive answer. After a lengthy discussion Mr. Stein said he would call the Highlands an get a specific answer.
OLD BUSINESS
Ordinance for Public Hearing and Final Adoption
Mayor Kuncken offered the following ordinance for Public Hearing and Final Adoption:
Ordinance #2010-01 CALENDAR YEAR 2010 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)
WHEREAS, The Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, The Borough Council of the Borough of Stanhope in the County of Sussex finds it advisable and necessary to increase its CY 2010 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, The Borough Council hereby determines that a 3.5 % increase in the budget for said year, amounting to $32,245.25 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS, The Borough Council of the Borough of Stanhope hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, By the Borough Council of the Borough of Stanhope, in the County of Sussex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2010 budget year, the final appropriations of the Borough of Stanhope shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $112,858.38, and that the CY 2010 municipal budget for the Borough of Stanhope be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, That any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, That a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FINALLY ORDAINED, That a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption
On motion by Councilman Benson, seconded by Councilman Graham, and unanimously carried by the following roll call vote, the above ordinance was adopted.
Roll Call: Councilwoman Santucci - yes Councilman Graham - yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Murphy – yes Councilman Benson – yes
On motion by Councilman Benson, seconded by Councilwoman Maio, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to publish the same.
NEW BUSINESS
INTRODUCTION AND APPROVAL OF THE 2010 MUNICIPAL BUDGET
Resolution 092-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE INTRODUCING THE 2010 MUNICIPAL BUDGET
BE IT RESOLVED that the attached Statements of Revenues and Appropriations shall constitute the Municipal Budget for the 2010 calendar year; and
BE IT FURTHER RESOLVED that a Summary of said Budget shall be published in the New Jersey Herald and the public hearing and final adoption shall be held on May 25, 2010 at 8:00 p.m. at the Municipal Building at which time and place objections to the 2010 Municipal Budget may be presented by taxpayers or other persons of interest.
On motion by Councilman Graham, seconded by Councilwoman Santucci, and unanimously carried by the following roll call vote, the above ordinance was adopted.
Roll Call: Councilwoman Santucci - yes Councilman Graham - yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Murphy – yes Councilman Benson – yes
On motion by Councilwoman Maio, seconded by Councilwoman Graham, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to publish the same.
Ordinance for Introduction [ Public Hearing May 25, 2010]
Mayor Kuncken offered the following ordinance for introduction and adoption:
Ordinance #2010-02 AN ORDINANCE OF THE BOROUGH OF STANHOPE COUNTY OF SUSSEX, NEW JERSEY FIXING THE SALARY AND WAGES FOR BOROUGH EMPLOYEES AND OFFICIALS
BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, New Jersey as follows:
SECTION 1. That the Annual salary, wage and compensation to be paid to Borough employees and officials be as follows:
Mayor $ 3,013.00
Borough Council Member 2,739.00
Administrator 106,090.00
Borough Clerk 53,560.00
Deputy Borough Clerk 32,399.00
Registrar 3,276.00
Deputy Registrar 1,592.00
Chief Financial Officer/
Tax Collector 88,047.00
Utility Collector/
Accounts Payable 49,893.00
Clerk/Typist 32,340.00
Tax Assessor 23,482.00
Custodian 6,960.00
MUNICIPAL COURT
Court Administrator 41,157.00
Deputy Court Administrator $80.00 per session
Deputy Violations Clerk $17.00 per hour
Magistrate 13,642.00
POLICE DEPARTMENT
Chief of Police 98,988.00
Sergeant As per contract
Sergeant’s Stipend As per contract
Detective’s Stipend As per contract
Patrolman As per contract
Clerk Typist - Police Dept. 30,679.00
Police Matron $19.81 per hour
Special Officer $19.20 per hour
Crossing Guard $13.44 per hour
DEPARTMENT OF PUBLIC WORKS
Superintendent $ 76,382.00
Water Operator 5,854.00
Sewer Operator 5,854.00
Water T-1 License 3,500.00
Public Works Repairer As per contract
Laborer As per contract
Part-time Laborer $12.00 to $12.78 per hour
CONSTRUCTION DEPARTMENT
Construction Official 20,619.00
Fire Subcode Official 3,111.00
Plumbing Subcode Official 3,576.00
Electrical Inspector 9,005.00
Zoning Officer 9,715.00
Code Enforcement Officer 10,112.00
Municipal Housing Liaison $38.00 per hour
Clerical –Construction $12.86 per hour
BOARDS AND COMMISSIONS:
Land Use Secretary $ 8,400.00
Board of Health Secretary 3,966.00
Secretary to:
Shade Tree $25.00 per month*
Environmental Commission $25.00 per month*
Recreation Commission $25.00 per month*
Seasonal Recreation Staff $ 7.25 per hour
Seasonal Recreation Director $15.91 per hour
*submission of monthly minutes required.
SECTION 2. Salaries and wages for all Borough employees and officials shall be paid in bi-weekly installments as nearly equal as possible.
SECTION 3. Unless otherwise provided herein, remuneration for all employees shall be retroactive to January 1st of each year.
SECTION 4. The salaries and wages herein established shall be in lieu of any and all fees to which the respective incumbents of said offices might otherwise be entitled by statute or ordinance; which fees shall immediately upon collection therof be paid over to the Treasurer for use of the Borough except as otherwise provided herein.
SECTION 5. The Borough shall pay medical insurance premiums for all eligible employees and their dependents eligible for same.
SECTION 6. The terms and conditions of all collective bargaining agreements negotiated between the Borough and any bargaining unit representing Borough employees are hereby incorporated into this Ordinance.
SECTION 7. All Ordinances and Resolutions, or parts thereof, inconsistent herewith are hereby repealed.
SECTION 8. This Ordinance shall become effective immediately upon final adoption and publication as required by law.
BE IT FURTHER ORDAINED, That a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FINALLY ORDAINED, That a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption
On motion by Councilman Vance, seconded by Councilman Graham, and unanimously carried by the following roll call vote, the above ordinance was adopted.
Roll Call: Councilwoman Santucci - yes Councilman Graham - yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Murphy – yes Councilman Benson – yes
On motion by Councilwoman Maio, seconded by Councilman Graham, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance, and authorized publication of same. The Mayor and Council further ordered that May 25, 2010 shall be fixed for the date of public hearing and final adoption of the above referenced ordinance.
RESOLUTIONS
Mayor Kuncken offered the following resolutions which were read by title:
Resolution 093-10 RESOLUTION AUTHORIZING THE EXECUTION OF THE 2010 GREEN COMMUNITIES GRANT AGREEMENT
WHEREAS, the Borough of Stanhope has a state-approved Community Forestry Plan to create, manage and sustain a healthy and sustainable community forest resource; and
WHEREAS, the Stanhope Environmental Commission and Stanhope Shade Tree Commission submitted a grant application under the 2010 Green Communities Grant Program for funding to be used to expand the Borough-wide Tree Inventory and Assessment, a Hazardous Tree Identification plan, and further promote the community’s awareness of the value provided by the community forest; and
WHEREAS, the Stanhope Environmental Commission and Stanhope Shade Tree Commission has been awarded grant funding in the amount of $3,000 with a required in-kind match by the Borough of 33.3% of the total project amount;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey that the Mayor is hereby authorized to execute the 2010 Green Communities Grant Agreement with the New Jersey State Department of Environmental Protection.
On motion by Councilman Vance, seconded by Councilwoman Maio 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 094-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING TEMPORARY HELP FOR THE MUNICIPAL COURT
WHEREAS, the Mayor and Council previously approved the appointment of a temporary assistant to the Court Administrator for twenty (20) hours per month through March 31, 2010; and
WHEREAS, Carol Oleszek has been assisting the Court Administrator with matters relating to the Municipal Court for twenty (20) hours per month in addition to her time assisting during scheduled court sessions; and
WHEREAS, the Borough of Stanhope Municipal Court continues to experience an increase in the volume of summons to be processed; and
WHEREAS, the Court Administrator has requested the Governing Body authorize the continuation of the temporary help for the Municipal Court with an increase in hours to eleven (11) hours per week; and
WHEREAS, the Mayor and Council find there is a need to continue the additional help in the Municipal Court;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey that the Governing Body does hereby authorize the continuation of temporary help for the Municipal Court Administrator for eleven (11) hours per week, excluding court sessions, at her current rate, through December 31, 2010;
BE IT FURTHER RESOLVED by the Mayor and Council that at no time shall the hours per week exceed nineteen (19) hours per week.
On motion by Councilman Benson, seconded by Councilwoman Santucci 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 095-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING PARTICIPATION IN THE RECOMMENDED CONSOLIDATED COUNTY OPERATED
9-1-1
WHEREAS, the Borough of Stanhope has received a copy of the Planning Guide for Public Safety Answering Point (PSAP) Consolidations submitted to the County of Sussex by L. Robert Kimball & Associates in February of 2010; and
WHEREAS, the Mayor and Council have reviewed the contents of said report including its recommendation to consolidate all six existing municipal 9-1-1 Public Safety Answering Points (PSAP) into a single County operated consolidated 9-1-1 PSAP: and
WHEREAS, the Mayor and Council understand that the current cost for the Borough of Stanhope provision of 9-1-1 services is provided for in the Borough of Stanhope operating budget; and
WHEREAS, the Mayor and Council understand that the costs of a consolidated Countywide 9-1-1 system will be paid for through a County budget funded through a property tax on all twenty four (24) County municipalities and through grants as they are available and will no longer be part of the municipal budget; and
WHEREAS, the Mayor and Council concur with the recommendations of the report prepared by L. Robert Kimball & Associates and finds it in the best interest of the residents of Stanhope to participate in the recommended consolidated County operated 9-1-1 facility upon its opening.
NOW THEREFORE BE IT RESOLVED by Mayor and Council that it hereby states its intention that it intends to participate in the consolidated County operated 9-1-1 PSAP, as recommended in the Planning Guide for Public Safety Answering Point (PSAP) Consolidations submitted to the County of Sussex by L. Robert Kimball & Associates in February of 2010, from the commencement of operations of said facility; and
BE IT FURTHER RESOLVED that Mayor and Council encourage the Sussex County Board of Chosen Freeholders to expeditiously implement the recommendations of the L. Robert Kimball report including the construction of said facility in the interest of the public safety of the residents of this municipality and the County of Sussex.
On motion by Councilwoman Maio, seconded by Councilman Graham and unanimously carried by voice vote the foregoing resolution was duly adopted.
Resolution 096-10 A RESOLUTION TO AFFIRM THE BOROUGH OF STANHOPE’S CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND MEMBERS OF THE PUBLIC THAT COME INTO CONTACT WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS
WHEREAS, it is the policy of the Borough of Stanhope to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act, and
WHEREAS, the governing body of Borough of Stanhope has determined that certain procedures need to be established to accomplish this policy
NOW, THEREFORE BE IT ADOPTED by the Mayor and Council of the Borough of Stanhope that:
Section 1: No official, employee, appointee or volunteer of the Borough by whatever title known, or any entity that is in any way a part of the Borough shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the Borough ’s business or using the facilities or property of the Borough .
Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough to provide services that otherwise could be performed by the Borough .
Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.
Section 4: The Administrator shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.
Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.
Section 6: The Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.
Section 7: The Administrator shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.
Section 8: At least annually, the Administrator shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough of Stanhope’s web site.
Section 9: This resolution shall take effect immediately.
Section 10: A copy of this resolution shall be published in the official newspaper of the Borough in order for the public to be made aware of this policy and the Borough ’s commitment to the implementation and enforcement of this policy.
On motion by Councilwoman Maio, seconded by Councilman Benson and unanimously carried by voice vote the foregoing resolution was duly adopted.
Councilman Murphy questioned why there were changes in the resolution that are different from the resolution he reviewed. Councilman Murphy specifically mentioned a clause regarding how our employees treat other people. Administrator Stewart replied he did not know why the resolution was changed. The resolution is a requirement of Municipal Excess Liability and Municipal Joint Insurance Fund and had been tested throughout the year.
Resolution 097-10 RESOLUTION OF THE MAYOR AND COUNCIL
TO ADOPT UPDATED EMPLOYMENT POLICIES
WHEREAS, the Borough of Stanhope continuously strives to improve the working conditions for its employees; and
WHEREAS, the Borough continuously strives to improve the level and quality of service provided to the public; and
WHEREAS, in order to accomplish these goals the Borough from time to time adopts and revises its employment policies; and
WHEREAS, it has been determined by the Mayor and Council that revisions are needed with respect to a number of the policies contained in the Borough Employee Handbook and the Supervisor’s Manual; and
WHEREAS, the revised policies have been reviewed by the Mayor and Council; now therefore
IT IS HEREBY RESOLVED this 27th day of April, 2010 that the Mayor and Borough Council of the Borough of Stanhope hereby adopt the attached revised Employment Policies addressing
The Americans with Disabilities Act; Anti-Harassment; Family and Medical Leave Act; E-Mail, Voice Mail and Internet Usage; and Employment Procedures; and be it further
RESOLVED, that the Borough Administrator is directed to take all necessary steps to distribute the revised policies to all Borough employees and enforce the revised policies in an appropriate manner.
On motion by Councilman Benson, seconded by Councilwoman Maio and unanimously carried by voice vote the foregoing resolution was duly adopted.
Resolution 098-10 RESOLUTION FORWARDING THE TRAILS AND GREENWAY PLAN OF THE BOROUGH OF STANHOPE TO THE BOROUGH LAND USE BOARD FOR CONSIDERATION FOR INCLUSION IN THE MASTER PLAN
WHEREAS, the Stanhope Borough Environmental Commission, in conjunction with the ANJEC Project Concept Team, has prepared a Trails and Greenway Plan for the Borough of Stanhope; and
WHEREAS, the Governing Body has reviewed said Plan; and
WHEREAS, the Governing Body is at the opinion that walking and bicycle paths throughout the Borough of Stanhope affirmatively promotes the public’s health and safety and promotes the general welfare; and
WHEREAS, the Municipal Land Use Law, N.J.S.A. 40:55D-28 provides for the inclusion in a Municipal Master Plan of a recreation plan and a historic preservation plan; and
WHEREAS, the Governing Body is of the opinion that the Trails and Greenway Plan promotes the aforesaid and is worthy of consideration for inclusion in the Borough’s Master Plan;
NOW, THEREFORE, be it resolved by the Mayor and Council of the Borough of Stanhope that the Governing Body does hereby recommend the attached Trails and Greenway Plan to the Land Use Board for consideration for possible inclusion in the Borough’s Master Plan.
Mr. Stein explained that the Trails and Greenway Plan is not a required part of the Master Plan, but if the governing body recommends the Land Use Board consider inclusion into the Master Plan it should be made clear that not all walking areas are on public property. The report should clearly identify the parcels of private property and the private property owners should be noticed once the Land Use Board decides to have a public hearing on the Trails and Greenway Plan. Councilman Murphy asked if the State land and the Board of Education parcels were considered public property. Mr. Stein answered negatively noting that the Borough can not give permission for others to access those properties. Mr. Stein recommends having a preface or addendum to the Trails and Greenway Plan allowing the readers to know what parcels are public and which are private.
On motion by Councilwoman Maio, seconded by Councilman Vance and carried by majority voice vote the foregoing resolution was duly adopted. Councilwoman Santucci abstained.
PAYMENT OF BILLS
Resolution 099-10 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 February 23, 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 unamiously 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
ATTORNEY’S REPORT
Mr. Stein had nothing to report.
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 Reeves Avenue, spoke as Shade Tree Chairman about the Tree City USA plaque with the Borough’s second year bar and second year decals for the Tree City USA signs.
Liz Armstrong, 110 Main Street, spoke about a problem with her water meter. Ms. Armstrong had a new water meter installed about five (5) years ago. Ms. Armstrong had a recent issue where she believes 110 pounds of pressure was coming into her home and damaged her water softener. The damaged water softener clogged all the commodes and showers. Ms. Armstrong feels that when her meter was changed the water pressure regulator was removed. Ms. Armstrong spoke with Councilman Graham about the matter. Mayor Kuncken advised that if residents are having a problem they should call the Borough Administrator. The Administrator will have the appropriate employee take care of the situation. The Administrator said he had a conversation with Councilman Graham and then he went to The Whistling Swan to inspect the situation. The Administrator said the DPW Superintendent was to be correct the problem the following day, and he believed the situation had been corrected. Mayor Kuncken noted the Administrator should follow up and make sure the problem was resolved. Mayor Kuncken asked Mr. Stewart to have Mr. Storms look at the meter.
Ms. Armstrong also voiced her concerns regarding response time of the ambulance squad. Ms. Armstrong had an experience where one of her guests was ill and she called 9-1-1. Ms. Armstrong heard the siren twice. Ms. Armstong’s husband went to the first aid squad’s building to see about the delay and was told no medic had yet arrived. Ms. Armstrong said about fifty minutes later a Lakeland ambulance arrived. Ms. Armstrong was concerned about the long response time. Mayor Kuncken responded the ambulance squad consists of all volunteers. Mayor Kuncken noted she had already spoken with Ms. Armstrong and followed up with the ambulance squad. They had six calls that day. Mayor Kuncken said that is why a mutual aid system is in place. The 9-1-1- dispatch followed the protocol.
Michael Bender, 158 Brooklyn Road, Stanhope commented he was pleased the budget increase was minimal. Mr. Bender said he knows there are two bargaining units, the police and the DPW. Mr. Bender asked what their salary increases were for 2010. Mayor Kuncken reported both units are in their last year of their contracts. Mayor Kuncken said the increase for the police is four percent (4%) and the DPW is three and one-half percent (3.5%).
Mayor Kuncken noted that the legislature has required all non union employees to contribute one and one-half percent of their salary towards their health benefits beginning on May 21, 2010.
Seeing no one else from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
GENERAL DISCUSSION
Mayor Kuncken stated dates are needed for discussions with the Stanhope Board of Education about their failed budget. Mayor Kuncken said in the pat, the meetings have been held at the American Legion as a neutral location. Mayor Kuncken asked the Clerk to call the Board of Education’s Business Agent and the American Legion to coordinate the meeting.
Mayor Kuncken also wanted to thank and commend the Shade Tree Commission and the Environmental Commission for great job cleaning up Salmon Memorial Park.
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 Contracts - Tiffany Electric (continuation)
1 Litigation
3 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 Councilwoman Maio, seconded by Councilman Vance, 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 9:45 P.M. with all present as before.
ADJOURNMENT
On a motion by Councilwoman Maio, seconded by Councilman Benson, and unanimously carried by voice vote the meeting was adjourned at 9:45 P.M.
Approved:
Lynda Knott
Deputy Borough Clerk
For Ellen Horak, RMC
Borough Clerk