Contact:
Borough Clerk Ellen Horak 973-347-0159 ext 16
FOR IMMEDIATE RELEASE Stanhope, NJ - June 23, 2010
MAYOR AND COUNCIL
REGULAR MEETING
May 25, 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 Councilman Graham – present
Councilwoman Santucci – present (8:00) 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
2 Contracts – Hoer Developers Agreement
- Solid Waste
1 Real Property-Dimitriou Property
1 Litigation – Isolatek Tax Appeal
1 Potential Litigation – Escrow Protest
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 7:01 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 7:45 P.M. with all present as before. Mayor Kuncken called a fifteen 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.
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.
Mr. Rolphs, 99 Main Street, asked how the declining property taxes will affect the Borough’s taxes. Mr. Rolphs said he has not been able to get an answer from the Tax Assessor. Mayor Kuncken replied the Tax Assessor could not answer his question until after the 2010 budget process. Mayor Kuncken reported the revaluation is complete and all homeowners should have received their new assessed values. The Borough began the 2010 Budget process. The Budget was introduced, and the public hearing will be held later in the meeting. After the Budget is adopted, the County will establish a new tax rate based on assessed values. The new rate reflects the new assessed values. Mr. Rolphs asked what the governing body is doing to protect its residents from new municipal and school taxes. Mayor Kuncken reported the municipal governing body does not have any control over the school board. Mayor Kuncken noted the school board is a board of elected officials chosen to run the school and if Mr. Rolphs has questions on the school budget he should ask the school board. Mayor Kuncken added that when the school budget was defeated, the governing body and the school board held a joint meeting. At that meeting the school board agreed to give back one tax point to the taxpayers which will reduce any school tax increase for 2010. Mayor Kuncken added that Lenape Valley Board of Education also reduced its budget by $190,000.00, again reducing Stanhope resident’s 2010 tax bill. Mayor Kuncken noted in 2009 the municipal tax increase was zero percent (0%). Mayor Kuncken said Mr. Rolphs could check any other municipality and he will find his governing body is financially conservative.
Mr. Wrobleski, 1 Main Street, noted the Borough has been renovating the downtown area assumingly to attract new business to Stanhope. Mr. Wrobleski noted there is no longer parking permitted on Main Street in front of the Hair Salon and Antique Store and he asked how new businesses would feel about no on-street parking in the business district. Mayor Kuncken replied it is out of the governing body’s control because State statute regulates there is no parking opposite an intersection. Mr. Wrobleski said if parking was permitted in those areas before, why can’t they bend the rules and continue to allow vehicles to park there. Mayor Kuncken said another resident complained that cars parked in that area blocked their line of sight and is dangerous. Mayor Kuncken added the governing body will re-address the parking issue and see if there are any other options.
Kathryn Schindelar, 83 Main Street, spoke remembering the many businesses that have been part of Stanhope’s business district. Ms. Schindelar also noted that parking was always permitted in the business district. Ms. Schindelar asked the governing body to speak with the Municipal Attorney and find out what can be done to accommodate patrons of the business district with this parking dilemma. The governing body all agreed they are in favor of a thriving business district and will explore what can be done to resolve the parking problem.
Nancy Hoyt, 33 Lawrence Avenue, noted that when parking was permitted on Main Street in the business district the drivers did not speed around the curve of Main Street, as they do now.
Peggy Spooner, 87 Main Street, reported the new lower wattage bulbs look much nicer but, the light right in front of her home still shines directly into her bedroom. Ms. Spooner asked if the light could have a double shield. Mayor Kuncken replied they would speak to the Engineer and see if a double shield will resolve her problem. Ms. Spooner voiced her concern that the Waterloo Bridges’ restoration will bring large trucks through the area. Mayor Kuncken responded that the weight capacity on the bridge has been downgraded and if the bridge is not replaced it will be closed and there will be no access to Stanhope from that area.
Peggy Findley, 88 Main Street, asked that the light at the corner of Main Street and New Street be considered at for double shields because the light still shine in her front and side windows.
Kathryn Schindelar, 83 Main Street, spoke about the lighting and feels the wattage is still too high. Ms. Schindelar stated it does not make any difference if her blinds are closed or not.
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:
March 23, 2010 Regular Business Meeting and Closed Session
March 30, 2010 Special Budget Meeting
April 13, 2010 Work Session/Agenda Meeting & Closed Session
April 21, 2010 Special Budget meeting & Closed Session
April 27, 2010 Regular Business Meeting and Closed Session
On motion by Councilwoman Santucci seconded by Councilman Vance and carried by unanimous voice vote, minutes, the above listed minutes were approved.
CORRESPONDENCE (List Attached)
On motion by Councilwoman Maio, seconded by Councilman Vance, and unanimously carried by voice vote the list of correspondence was accepted and ordered placed on file.
ADMINISTRATOR’S REPORT
Administrator Stewart reported that on June 2, 2010 he and OEM Coordinator Wayne Anthony will meet with consultants from James Lee Witt Associates at the Sussex County Sheriff’s Office. Discussion will be the Borough’s “critical assets”, i.e. wells, sewer pump station, Borough Hall, Fire Department etc. The assets will be incorporated into the County’s Pre-Disaster Mitigation Plan for future FEMA funding.
Administrator Stewart said the “Topper Sign” in remembrance of Sgt. Garrett Mongrella will be installed on Friday, May 28th on Dell Road.
The Administrator updated the governing body on the Energy Grant by reporting he received three of five replies to the RFP’s. Two of the three contractors have declined to participate. The Administrator is waiting to the end of the week to see if the other two contractors reply before contacting Steven Winter Associates Inc. who has advised him of interest.
Administrator Stewart has received and completed tasks necessary for the New Jersey 2009 Business Stimulus Fund grant.
The Electronic Message Sign will be delivered on Friday, May 28th. The sign will be advertising the Stanhope Spring Festival on June 13, 2010, rain date June 27th.
The Administrator reported receiving a letter from our Legislators inviting the governing body to a breakfast meeting with the new Department of Community Affairs Commissioner Lori Grifa. The meeting will be held at the Adam Todd Restaurant in Byram on Friday, June 11, 2010 at 9:00 a.m. Administrator Stewart asked the governing body to let him know if they were interested in attending. Councilman Graham and Councilwoman Maio said they would be interested.
The DPW and Salmon Brothers have completed the cleaning of the canal. Administrator Stewart reported he contacted the State Parks Department to reopen the gates and let water flow over the spillway. Administrator Stewart added the DPW will be cleaning the pond behind the Post Office and when complete the pipe will be opened and allow water into the pond.
COUNCIL COMMITTEE REPORTS
Public Safety – Councilmen Maio/Santucci
Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management - Councilwoman Maio reported the Fire Department responded to 2 calls, held 7 drills, 3 meetings and attended on funeral for a total of 339.0 volunteer hours. The Police had 216 motor vehicle stops and are now involved in the “Click It or Ticket It” program. The Ambulance Squad responded to 51 in town calls in March and 2 out of town calls and in April they responded to 55 in town calls and 4 out of town calls.
Finance & Administration – Councilmen Benson/Graham
Tax Assessment, Tax Collection, Water & Sewer Cashier, Treasurer, Health & Other Insurance, Personnel- Councilman Benson reported water rents in April 2010 are $21,700 compared to $31,400 in 2009. Sewer rents in March 2010 are $90,000 compared to $62,000 in 2009. The first quarter 2010 tax collection rate is ninety five percent (96%).
Community Development – Councilmen Graham/Vance
Zoning, Construction Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization-. Councilman Graham reported the governing body will recommend the Housing and Fair Share Plan to the Land Use Board for public hearing and adoption by resolution tonight. The Clerk will send a letter to COAH informing them of the completed Plan and the schedule for adoption. The Housing and Fair Share Plan will be submitted to COAH in July after it is adopted.
Mayor Kuncken noted the Stanhope House will be re-opened in July continuing its long history in the Borough.
Councilman Graham mentioned the Stanhope Spring Festival will be held on Sunday, June 13th. Councilman Graham added work on the ERI (Environmental Resource Inventory) will be continuing.
Municipal Infrastructure – Councilmen Vance/Murphy
Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds – Councilman Vance reported the DPW is busy with street sweeping and landscape maintenance, but also repaired the Sparta Road water main break noting the water main will be replaced this summer.
Information Technology – Councilwoman Santucci/Benson
Acquisition of Hardware & Software, Technical Equipment Services, Telecommunication, Cable Television Franchise- Councilwoman Santucci reported the committee met with the CFO and worked on re-negotiating the telephone maintenance agreement. Councilwoman Santucci noted now that website training is complete there will be a savings of $1,200.00. The Technology Committee also authorized replacement of the Police Chief’s computer.
Boards/Commissions – Councilman Murphy/Maio
Board of Health, Regional Planning Board, Environmental Commission, Musconetcong Sewerage Authority, Sanitation & Recycling, Recreation Commission, Shade Tree Commission, Land Use Board – Councilman Murphy said he has no report, but asked about the Land Use Board’s activities. Mayor Kuncken replied the Land Use Board is relatively quiet, but there is one new site plan application for a parcel adjacent to Stonegate Condominiums deemed complete and on the June Agenda for a hearing.
Main Street Streetscape - Councilwoman Maio/ /Vance – Councilwoman Maio has no additional report.
On motion by Councilman Vance, seconded by Councilwoman Maio, and unanimously carried by voice vote the committee reports were accepted.
COUNCIL BUSINESS
Memorial Day Parade
Mayor Kuncken reminded the governing body that the Memorial Day Parade is at 1:00 p.m. on Monday and anyone wishing to march should meet between noon and 12:15 p.m. at the Netcong School.
OLD BUSINESS
PUBLIC HEARING ON THE 2010 MUNICIPAL BUDGET
Resolution 110-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING READING OF THE MUNICIPAL BUDGET BY TITLE
WHEREAS, N.J.S.40A: 4-8 provides that the budget may be ready by title only at the time of the public hearing if a resolution is passed by not less than a majority of the full Governing Body, provided that at least one (1) week prior to the date of public hearing a complete copy of the approved budget, as advertised, has been posted in the Municipal Building, the local public library and copies have been made available by the Clerk to persons requesting them; and
WHEREAS, these conditions have been met;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey, that the 2010 Municipal Budget shall be read by title at this public hearing for same.
On motion by Councilman Vance, seconded by Councilman Benson, and unanimously carried by the following roll call vote, the above resolution was adopted.
CFO Mooney commented on the budget process and the reasons why the governing body is able to keep the increase to approximately $25.49 per average home assessed at $231,215.00. Some of the variables in creating the 2010 budget are: a decrease of 54% in grants available to the Borough, a 20% reduction in State Aid, using 17% more surplus to help balance the budget, a large increase in Police pension (contract negotiations), increased legal fees for new Police and DPW contract negotiations, Sussex County Municipal Utility Authority instituting flow control (directing all trash go to Lafayette) and charging more for tipping fees, a decrease in tax appeal professional fees, road salt surplus and capital improvements being totally funded.
Mayor Kuncken thanked the CFO and governing body for all their attention to detail and hard work to finalize the 2010 Budget.
Mayor Kuncken opened discussion to the public on the Budget only. Seeing no one from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
Attorney Stein reported usually at this point in the meeting there is a vote by the governing body to adopt the budget. This year we are in a cycle where the State is doing our examination. The CFO called the State and was told we would have approval by Friday, May 28th so the Budget will be adopted at the next meeting on June 1, 2010.
Roll Call: Councilwoman Santucci - yes Councilman Graham - yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Murphy – yes Councilman Benson – yes
Ordinances for Public Hearing and Final Adoption
Mayor Kuncken offered the following ordinances for Public Hearing and Final 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 Councilwoman Maio, and unanimously carried by the following roll call vote, the above ordinance was adopted. Mayor Kuncken opened discussion to the public on this Ordinance only. Seeing no one from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
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 publish the same.
Ordinance 2010-03 BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM IN AND BY THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY, APPROPRIATING $250,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $237,500 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY (not less than two thirds of all the members thereof affirmatively concurring), AS FOLLOWS:
The improvement described in Section 3 of this bond ordinance is hereby authorized as a general improvement to be made or acquired by The Borough of Stanhope, New Jersey. For the said improvement or purpose stated in said Section 3, there is hereby appropriated the sum of $250,000, said sum being inclusive of all appropriations heretofore made therefore and including the sum of $12,500 as the down payment for said improvement or purpose required by law and now available therefore by virtue of provision in a previously adopted budget or budgets of the Borough for down payment or capital improvement purposes.
For the financing of said improvement or purpose and to meet said $250,000 appropriation not provided for by application hereunder of said down payment, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $237,500 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvement or purpose, negotiable notes of the Borough in a principal amount not exceeding $237,500 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.
a) The improvement hereby authorized and purpose for the financing of which said obligations are to be issued is the improvement of the water supply and distribution system in and by the Borough, including the rehabilitation of water mains, together with all structures, equipment, site work, work and materials necessary therefore or incidental thereto, all as shown on and in accordance with the plans and specifications therefore on file or to be filed in the office of the Borough Clerk and hereby approved.
The estimated maximum amount of bonds or notes to be issued for said purpose is $237,500.
The estimated cost of said purpose is $250,000, the excess thereof over said estimated maximum amount of bonds or notes to be issued therefor being the amount of the said $12,500 down payment for said purpose.
The following additional matters are hereby determined, declared, recited and stated:
The said purpose described in Section 3 of this bond ordinance is not a current expense and is a property or improvement which the Borough may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.
The period of usefulness of said purpose within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is forty (40) years.
The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that, while the net debt of the Borough determined as provided in said Local Bond Law is not increased by this bond ordinance, the gRolphs debt of the Borough as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $237,500, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.
An aggregate amount not exceeding $35,000 for interest on said obligations, costs of issuing said obligations and other items of expense listed in and permitted under section 40A:2-20 of said Local Bond Law may be included as part of the cost of said improvement and is included in the foregoing estimate thereof.
This bond ordinance authorizes obligations of the Borough solely for purposes described in paragraph (h) of section 40A:2-7 of said Local Bond Law, and the said obligations authorized by this bond ordinance are to issued for a purpose which is self-liquidating within the meaning and limitations of section 40A:2-45 of said Local Bond Law and are deductible, pursuant to paragraph of (c) of section 40A:2-44 of said Local Bond Law, from the gross debt of the Borough.
All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer, provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Borough at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.
The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Borough, and, unless paid from revenues of the water supply and distribution system of the Borough, the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of said obligations and interest thereon without limitation of rate or amount.
The capital budget or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.
This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.
On motion by Councilman Benson, seconded by Councilman Graham, and unanimously carried by the following roll call vote, the above ordinance was adopted. Mayor Kuncken opened discussion to the public on this Ordinance only. Seeing no one from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
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.
Ordinance 2010-04 BOND ORDINANCE APPROPRIATING $500,000, AND AUTHORIZING THE ISSUANCE OF $285,000 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY.
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:
The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized as general improvements to be made or acquired by The Borough of Stanhope, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sums being inclusive of all appropriations heretofore made therefore and amounting in the aggregate to $500,000 including the aggregate sum of $15,000 as the several down payments for said improvements or purposes required by law and more particularly described in said Section 3 and now available therefore by virtue of provision in a previously adopted budget or budgets of the Borough for down payment or for capital improvement purposes and including also, in the case of the improvement or purpose described in paragraph (a) of said Section 3, the sum of $200,000 received or expected to be received by the Borough from the New Jersey Department of Transportation as a grant-in-aid of financing said improvement or purpose.
For the financing of said improvements or purposes and to meet the part of said $500,000 appropriations not provided for by application hereunder of said down payments and grant, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $285,000 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in a principal amount not exceeding $285,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.
The improvements hereby authorized and the several purposes for the financing of which said obligations are to be issued, the appropriation made for and estimated cost of each such purpose, and the estimated maximum amount of bonds or notes to be issued for each such purpose, are respectively as follows:
IMPROVEMENT OR PURPOSE APPROPRIATION
AND ESTIMATED COST ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES
(a) Improvement of High Street and Plane Street in and by the Borough, by the construction or reconstruction therein of new roadway pavements at least equal in useful life or durability to a roadway pavement of Class B reconstruction (as such term is used or referred to in section 40A:2-22 of said Local Bond Law), together with all sidewalks, curbing, lighting, signage, drainage facilities, landscaping, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved, the $455,000 hereby appropriated therefor being inclusive of the sum of $200,000 received or expected to be received by the Borough from the New Jersey Department of Transportation as a grant-in-aid of financing said improvement or purpose $455,000 $242,200
(b) Improvement of various roads in and by the Borough by the resurfacing thereof to provide a roadway pavement at least equal in useful life or durability to a roadway pavement of Class B construction (as used or referred to in Section 40A:2-22 of said Local Bond Law), including without limitation James Street, Maryann Terrace, Young Drive, Lenape Drive, Woods Avenue and the lower portion of Linden Road, together with all structures, equipment, work and materials necessary therefore or incidental thereto, all as shown on and in accordance with the plans and specifications therefore on file or to be filed in the office of the Borough Clerk and hereby approved 45,000 42,800
Totals $500,000 $285,000
Except as otherwise stated in paragraph (a) above with respect to the said $200,000 grant-in-aid of financing the purpose described in said paragraph, the excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefore, as above stated, is the amount of the said down payment for said purpose.
The following additional matters are hereby determined, declared, recited and stated:
The said purposes described in Section 3 of this bond ordinance are not current expenses and each is a property or improvement which the Borough may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
The average period of usefulness of said purposes within the limitations of said Local Bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is ten (10) years.
The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gRolphs debt of the Borough as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $285,000, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.
Amounts not exceeding $50,000 in the aggregate for interest on said obligations, costs of issuing said obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of said Local Bond Law may be included as part of the costs of said improvements and are included in the foregoing estimate thereof.
The funds from time to time received by the Borough on account of the grant referred to in Section 1 of this bond ordinance shall be used for financing the improvement or purpose described in Section 3(a) of this bond ordinance by application thereof either to direct payment of the costs of said improvement or purpose, or to payment or reduction of the authorization of the obligations of the Borough authorized by this bond ordinance. Any such funds so received may, and all such funds so received which are not required for direct payment of such costs shall, be held and applied by the Borough as funds applicable only to the payment of obligations of the Borough authorized by this bond ordinance.
All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer, provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Borough at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.
The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of said obligations and interest thereon without limitation of rate or amount.
The capital budget or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.
This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.
On motion by Councilman Benson, seconded by Councilman Graham, and unanimously carried by the following roll call vote, the above ordinance was adopted. Mayor Kuncken opened discussion to the public on this Ordinance only. Seeing no one from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
Roll Call: Councilwoman Santucci - yes Councilman Graham - yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Murphy – yes Councilman Benson – yes
On motion by Councilman Graham, seconded by Councilman Vance, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance, and authorized publication of same.
NEW BUSINESS
Ordinances for Introduction [Public Hearing June 22, 2010]
Mayor Kuncken offered the following ordinance for introduction:
Ordinance 2010-05 CAPITAL ORDINANCE APPROPRIATING $14,000 FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY
BE IT ORDAINED by the Borough Council of the Borough of Stanhope, in the County of Sussex, New Jersey, AS FOLLOWS;
Section 1. The several improvements described in Section 3 of this capital ordinance are hereby respectively authorized as general improvements to be made or acquired by the Borough of Stanhope, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sums being inclusive of all appropriations heretofore made therefore and amounting in the aggregate to $14,000, which has heretofore been set aside for the improvement of purpose stated in Section 3 and now available therefore by virtue of provision in a previously adopted budget or budgets of the Borough for capital improvement purposes.
Section 2. For the financing of said improvements or purposes and to meet the part of said $14,000 appropriations, the Borough will use $14,000 from the General Capital Improvement Fund, as described in Section 3.
Section 3. The improvements hereby authorized and the several purposes for the allocation of which said obligations are to be spent, the appropriation made for an estimated cost of each such purpose, and the estimated maximum amount of funds to be spent for each such purpose, are respectively as follows:
Recording System for Court/Council Room $7,000.00 General C.I.F.
Fire Dept – MSA Style Cylinders $7,000.00 General C.I.F.
All the aforestated improvements or purposes where applicable, are in accordance with specifications on file in the office of the Borough Clerk, which specifications are hereby approved.
On motion by Councilman Graham, seconded by Councilwoman Maio, 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 Benson, 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 June 22, 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 111-10 RESOLUTION ENDORSING HOUSING PLAN AND FAIR SHARE PLAN
TO STANHOPE BOROUGH LAND USE BOARD
WHEREAS, the Borough of Stanhope has heretofore adopted a Master Plan, pursuant to the provision of N.J.S.A. 40:55D-28 of the Municipal Land Use law; and
WHEREAS, N.J.S.A. 40:55D-28b(3) provides that a housing plan element pursuant to the provisions of the Fair Housing Act (N.J.S.A. 52:27D-310) may be included as part of a Municipal Master Plan; and
WHEREAS, a properly prepared Housing Element and Fair Share Plan will satisfy the Borough’s COAH obligations; and
WHEREAS, the Borough of Stanhope retained the services of David R. Troast, PP, AICP, CLA, a licensed planner of the State of New Jersey, to prepare a Housing Plan and Fair Share Plan for the Borough of Stanhope in conformance with the Municipal Land Use law, the Fair Housing Act and the Highlands Water Protection and Planning Act; and
WHEREAS, pursuant to the Municipal Land Use law, the Borough’s Land Use Board has the legal authority and obligation to amend the Borough’s Master Plan, including holding a public hearing or hearings on any proposed amendment to the Master Plan; and
WHEREAS, the Mayor and Council of the Borough of Stanhope hereby recommend to the Borough’s Land Use Board inclusion of the Housing Plan and Fair Share Plan prepared by Planner Troast as an amendment to the Borough’s Master Plan.
NOW, THEREFORE, be it resolved by the Mayor and Council of the Borough of Stanhope that the Mayor and Council do hereby recommend to the Borough Land Use Board the inclusion of the Housing Plan and Fair Share Plan prepared by Planner Troast for inclusion in the Borough’s Master Plan.
On motion by Councilman Graham, seconded by Councilwoman Maio and unanimously carried by voice vote the foregoing resolution was duly adopted.
Resolution 112-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING REFUND OF REDEMPTION MONIES
TO OUTSIDE LIEN HOLDER
WHEREAS, the Tax Collector has received payment for the redemption of Tax Title Lien No. 2009-03, representing 2008 property taxes and/or utility charges on Block 10608, Lot 5, known as 2-4 Walton Street, assessed to Richard Sellitto, and;
WHEREAS, the Tax Collector certifies that reimbursement is now required to be made to the following lien holder for the required redemption amounts as shown below:
To Lienholder: Royal Tax Lien Services, LLC
179 Washington Lane
Jenkintown, PA 19046
Redemption Amount: Tax Title Lien #2009-03 and
Interest to Date of Meeting $ 812.83
Premium Paid by Lienholder 1,300.00
Total From Current Fund: $ 812.83
Total From Tax Premium Account 1,300.00
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey, that the Borough Treasurer be authorized to prepare the necessary check as stated above and to forward same to the lien holder.
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 carried unanimously by voice vote the foregoing resolution was duly adopted.
Resolution 113-10 RESOLUTION AUTHORIZING TREASURER TO REALIZE FUNDS AS MISCELLANEOUS REVENUE NOT ANTICIPATED AND SURPLUS FUNDS AT YEAR END
WHEREAS, the Tax Collector has received payment for the redemption of Tax Title Lien No. 2009-03, representing 2008 property taxes and/or utility charges on Block 10608, Lot 5, known as 2-4 Walton Street, assessed to Richard Sellitto, and;
WHEREAS, Resolution 185-09 of 2009 placed an additional Municipal Lien against this property for unpaid Land Use Board escrow charges in the amount of $682.95, which was also redeemed on May 20, 2010, and;
WHEREAS, anticipating that the Municipal Lien might not be redeemed in a timely manner, the Land Use Board authorized the payment of the professionals involved in that lien from 2009 Land Use funds,
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey, that the Borough Treasurer be authorized to realize the $682.95 as Miscellaneous Revenue Not Anticipated, and Surplus Funds at year end.
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 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 114-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE APPROVING THE TRANSFER OF INACTIVE PLENARY
RETAIL CONSUMPTION LICENSE 1919-33-006-005 TO JMK HOSPITALITY GROUP, LLC
WHEREAS, an application has been filed for a Person-to-Person Transfer of currently inactive Plenary Retail Consumption License Number 1919-33-006-005, heretofore issued to Cultural Archives Services, LLC held at premises 45-49 Main Street, Stanhope, New Jersey; and
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and
WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and
WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the license business;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Borough does hereby approve, effective May 26, 2010, the transfer of the aforesaid Plenary Retail Consumption License to JMK Hospitality Group, LLC and does hereby direct the Borough Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all its terms and conditions, is hereby transferred to JMK Hospitality Group, LLC, effective May 26, 2010.
On motion by Councilwoman Maio, seconded by Councilman Graham and carried unanimously by voice vote the foregoing resolution was duly adopted.
PAYMENT OF BILLS
Resolution 115-10 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 May 25, 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 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.
Mike Depew, 15 McKinley Street, asked about the possibility of a countywide incinerator to help with the lack of space to dump garbage. Mr. Depew noted Oxford has an incinerator and there is no odor. Mayor Kuncken replied that is an answer to the bigger question and, yes Mr. Depew should ask this question at the Freeholder’s Board Meeting. Mr. Depew also thanked the governing body and the CFO for all their hard work on the 2010 Budget.
Kathryn Schindelar, 83 Main Street said she feels the governing body is doing a good job managing the Borough.
Councilman Vance emphasized the small increase in the 2010 Municipal Budget is realized even with a 20% decrease in State Aid and the large increase in fees from the Sussex County Municipal Utilities Authority.
Peggy Findley, 88 Main Street, asked if Stanhope has enough property for an incinerator. Mayor Kuncken replied an incinerator would only be put on County land.
Nancy Hoyt, 33 Lawrence Avenue, asked if anyone knew of ways to get rid of bears. Mayor Kuncken said other than keeping garbage inside and other common remedies there are too many bears and not enough land for them.
Mike Depew, 15 McKinley Street, said that Governor Christie may allow bear hunts.
Dana Mooney, Green Township, and CFO of Stanhope stated 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, which the Borough has complied with. The DPW and the Police are in their last year of their contracts and any union that has a contract the terms stay in effect until expiration.
Mr. Stein noted the law for contributing to health insurance was upheld at the trial level, but will be appealed to the Appellate Division. Councilman Murphy stated the contribution will be at least 1.5%. Mr. Stein said one could negotiate for a larger amount, but not less than 1.5%.
Seeing no one else from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
ADJOURNMENT
On a motion by Councilman Vance, seconded by Councilman Graham, and unanimously carried by voice vote the meeting was adjourned at 9:10 P.M.
Approved:
Lynda Knott
Deputy Borough Clerk
For Ellen Horak, RMC
Borough Clerk