FOR IMMEDIATE RELEASE Stanhope, NJ - July 28, 2010
MAYOR AND COUNCIL
REGULAR MEETING
June 22, 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 – absent 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 – Hopatcong Borough
- Affordable Housing Loan
1 Litigation – Dimitriou Property
1 Potential Litigation – Small Engine Business
2 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 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 7:01 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 7:50 P.M. with all present as before. Mayor Kuncken called a ten minute recess and reconvened the Open Session at 8:00 p.m.
SALUTE TO COLORS
Mayor Kuncken invited all those present to stand in a salute to colors.
PRESENTATION – Lenape Municipal Alliance
Janet Meisner, Director of Recreation in Byram spoke on behalf of the Lenape Municipal Alliance. Ms. Meisner reported the Alliance is an organization funded through the State by a grant awarded to them from the County Freeholders to provide education for all ages on alcohol, tobacco, and other drugs. Their message is spread in many ways such as an information booth at Stanhope’s Spring Festival and Byram Day, Project Graduation, the DARE program, Peer to Peer programs, and Movies in the Park. The funding Sussex County awarded to Byram and Stanhope is a little more than $11,000.00. The municipalities must budget for twenty-five percent (25%) matching funds, but as of today no town has spent any matching funds because Project Graduation has more than covered the costs. The municipalities are also responsible for in-kind services. Ms. Meisner reported the in-kind service hours are always covered by the volunteers, representatives, DARE officers, etc.
Ms. Meisner noted the funding covers a three (3) year plan. If Stanhope is not participating in certain programs the Borough could state its interest and be included in the new plan put together in 2011 to begin in 2012. The Alliance would be interested in a representative from the Stanhope Valley Road School (possibly a Guidance Counselor or Health Teacher) who has training in alcohol, tobacco and other drug prevention. Mayor Kuncken said she would speak to Interim Superintendent, Dennis Fyffe and get his input on possible representatives. Some programs at the school level could possibly start during this current three year plan such as representation at Back to School Night.
Ms. Meisner also mentioned the Stanhope Senior Club as a possible arena where a speaker could come and talk about alcohol and prescription drugs. Councilwoman Maio said she would get a contact name for the Alliance from the Senior Club.
Ms. Meisner thanked the Mayor and Council for allowing her to speak to them regarding the Lenape Municipal Alliance. Ms. Meisner also praised Marie Jozowski, Stanhope’s representative to the Alliance, for her hard work and leadership. Mayor Kuncken thanked Ms. Meisner for coming and providing valuable information to the governing body.
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. Donald Drake, Assistant Fire Chief, spoke regarding the proposed island on the High Street/Main Street intersection as dangerous and in the way of emergency vehicles and trucks delivering to the Stanhope House. Mr. Drake officially requested the island be removed from the plans. Mayor Kuncken said she had met with Councilwoman Maio, Engineer Keller and Administrator Stewart after the bid opening about possibly changing the island. Their idea would be to use a “flat” island that would still give the effect wanted to define the streets but without issues the raised island would cause. Engineer Keller will bring some designs to the governing body for review.
Mr. Drake also mentioned the fire hydrants’ standards have changed and they need to be retrofitted with new fittings. Mr. Drake said he will speak to DPW Superintendent Storms about getting six (6) to try in the high flow hydrants. Mayor Kuncken thanked Mr. Drake for bringing that to the attention of the governing body.
Kathryn Schindelar, 83 Main Street, gave her phone number to the Clerk who will set up the committee meeting too discuss the decorative lighting issues. Mayor Kuncken noted the Administrator had a meeting with Mr. Zamengo and he would like to do additional testing and will be in contact with the Administrator to set up the meeting.
Michael Depew, 15 McKinley Avenue, asked how the island on High Street will split the street. Engineer Keller said looking up from Main to High Street there will be 18 feet on the right and 17 feet on the left. Mr. Depew asked how wide the island will be. Mr. Keller answered seven to eight feet. Mr. Depew said the tax maps state that High Street has a thirty-three foot right-of-way. Councilman Murphy answered the extra two feet would be returned to the Stanhope House. Mayor Kuncken added the changing look of the island does not allow for trees so the trees will be relocated to another portion of the project.
Mr. Fred Grafe, Grafe’s Small Engine, asked about discussion regarding the sewer connection issue on his property. Mayor Kuncken said the problem was discussed in the Closed Session of the meeting, but the governing body has some answers for him. Attorney Stein said he has been in contact with Mr. Grafe’s attorney and they have had discussions involving Mr. Grafe’s position that the Borough is responsible for the cost of connecting his building to the clean-out at the curb. Mr. Stein explained the Grafe’s property was party of Phase II of the sewer hook-ups which was completed by 1980. The previous owners did not pay the sewer connection fee, but paid the monthly service fee. They never connected their building to the clean-out at the curb and therefore were not connected to the Borough’s sewer service. Because the previous owners paid every monthly service fee the governing body has decided not to charge the Grafes a connection fee. The only charge the Grafes would be responsible for is the fee to connect their building to the clean-out at the curb.
Mr. Grafe asked about paying the new water/sewer bill he just received. Councilwoman Maio said they must pay the water portion and capital portion. Mr. Stein stated in his opinion the Grafes should pay the new water/sewer bill. Mr. Grafe thanked the governing body and said he would take Mr. Stein’s opinion on the water/sewer bill under advisement.
Mr. Joseph Torelli, 19267 Dell Place, noticed the resolution on the Agenda regarding a postage meter and said he feels Pitney Bowes drives the price of their products up too high and feels the Borough should look elsewhere for their postage meter.
Mr. Torelli also asked about the correspondence list’s entry of Mayoral visit to Turkey and asked if travel was offered to Mayors each year. Mayor Kuncken said she would not consider travel with the League of Municipalities and the only League function regularly attended is the League of Municipalities Annual Convention held in November in Atlantic City, New Jersey.
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:
May 6, 2010 Special Joint Meeting with Stanhope School BOE
May 11, 2010 Work Session/Agenda Meeting & Closed Session
May 25, 2010 Regular Business Meeting & Closed Session
On motion by Councilman Graham seconded by Councilwoman Maio and carried by unanimous voice vote, with the exception Councilman Vance’s abstention from the May 6th minutes, the above listed minutes were approved.
CORRESPONDENCE (List Attached)
On motion by Councilman Benson, 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 met with consultants from James Lee Witt Associates at the Sussex County Sheriff’s Office and as a result of that meeting the Borough’s Pre-Mitigation Disaster Plan was submitted to the County. The Borough’s segment along with the remaining Sussex County municipalities will be formatted into a draft Pre-Mitigation Disaster Plan for Sussex County. This Plan will be available for review and comment on Thursday, July 5th, 2010 at 10:00 a.m. in the Freeholder’s Meeting Room. Representatives from James Lee Witt Associates will present the draft plan and answer questions. Mayor Kuncken asked if Mr. Stewart plans on attending the presentation. The Administrator answered affirmatively.
The Administrator noted the governing body will take action on the Energy Grant later on in the meeting.
Mr. Stewart will forward the findings to TRC Energy Services for final approval of grant.
Administrator Stewart reported he has been working with John Carrasco of D & H Risk solutions in reviewing and updating the Borough’s insurance policy renewal.
Mr. Stewart reported he received a letter from Blue Diamond Disposal informing the Borough an increase of $32.00 per ton will be imposed due to the flow control instituted by Sussex County. Mayor Kuncken asked if that increase is covered in the 2010 Budget. The Administrator answered affirmatively. Councilman Murphy asked how many tons will be hauled in the second half of the year. Councilman Graham replied the tonnage was sent in two directions and the best estimate is 2,500 tons. Mayor Kuncken stated the Borough will have to wait until October to see if the State will help with the bonding since Sussex County is forcing the Borough’s trash to the Lafayette facilities.
Mayor Kuncken noted for the public the governing body anticipated the tonnage increase and provided for it in the Budget. Borough Attorney Stein gave a brief overview of the situation. Mr. Stein reported the US Supreme Court had decided that no municipality could direct trash into its own landfill so municipalities were free to dispose of their trash at the lowest cost landfill. Sussex County Municipal Utilities Authority (SCMUA) was forced to drop their rates to market rates to compete. The State subsidized SCMUA to keep the facility fiscally solvent. The Supreme Court decision was later clarified and Counties can have control directing where waste goes. The New Jersey Department of Environmental Protection adopted regulations called flow control. Counties can now direct where trash is deposited. Sussex County has adopted flow control to their facility in Lafayette. The State has taken away its aid which forced the County to significantly increase the tipping fee. Sussex County’s tipping fee is now $109 per ton. This fee is $32.00 per ton more. The Borough has a five year contract with Blue Diamond Disposal. Blue Diamond has passed along a dollar for dollar increase to its customers to compensate the increase being charged to them. The increase went into effect on June 1, 2010. Mr. Stein said if the Borough has 100 tons of trash a month the increase in cost would be $3,200.00 a month. This increase will also affect the Kelly Act contracts between the Borough and the Condominium Associations.
Mr. Stewart reported he met with Ed Zamengo, the lighting expert, and Mr. Zamengo is disappointed the lower wattage bulbs did not solve the lighting issue. Mr. Zamengo would like to do further testing and then meet with the governing body members and public members committee to discuss the results and offer suggestions to correct the lighting situation.
COUNCIL COMMITTEE REPORTS
Public Safety – Councilmen Maio/Santucci
Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management - Councilwoman Maio reported the Fire Department responded to 17 calls, 2 mutual aid calls, and held 6 drills, for a total of 640.5 volunteer hours. The Police had 427 motor vehicle stops, 22 Assists, 14 Animal incident calls.
Finance & Administration – Councilmen Benson/Graham
Tax Assessment, Tax Collection, Water & Sewer Cashier, Treasurer, Health & Other Insurance, Personnel- Councilman Benson reported water rents in May 2010 are $19,550 compared to $9,450 in 2009. Sewer rents in May 2010 are $42,650 compared to $21,280 in 2009. Councilman Benson reported the purchase of a new Pitney Bowes postage machine which will realize a cost savings of $650 over how we handle our bulk mail now. The down side is the machine is large and we already have space constraints. We have also purchased a modest printer for the Administrator’s office so he is able to print confidential documents.
Community Development – Councilmen Graham/Vance
Zoning, Construction Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization-. Councilman Graham noted the Borough did not get the ANJEC Grant this year, but that does not directly affect the ERI (Environmental Resource Inventory) project. Councilman Graham asked Attorney Stein if COAH regulations are still valid. Attorney Stein replied that legally COAH still exists and the Borough must proceed as directed by law.
Municipal Infrastructure – Councilmen Vance/Murphy
Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds – Councilman Vance said he had no report, but Engineer Keller will be speaking on the Water Tower project later in the meeting.
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 would like to have a meeting with Mayor Kuncken, Councilwoman Maio, himself and the Shade Tree Commission to develop a plan for the completion of Salmon Park. Councilman Vance asked about the wood chips on the other side of the trails. Councilman Murphy is not sure that wood chips are the best footing material for the trails.
Main Street Streetscape - Councilwoman Maio/ /Vance – Councilwoman Maio has no report.
On motion by Councilman Vance, seconded by Councilwoman Maio, and unanimously carried by voice vote the committee reports were accepted.
COUNCIL BUSINESS
Water Tower Project
Mayor Kuncken asked Borough Engineer Keller to come forward and give an overview of the water tower project. Mr. Keller reported the water tower project is designed to update and improve the Borough’s current system: the undersized elevated water tank, substandard four-inch (4”) water mains, low water pressure, fire flow problems and leaking individual service connections. The Infrastructure Committee studied a model of the existing system and began to plan the improvements. Some of the improvements will be the new water storage tank which will be constructed on the same pad as the existing tower. It will replace the existing 50,000 gallon tank with a 240,000 gallon tank. Wells 3 and 4 located in Mount Olive will receive new water mains along a public right-of-way and eliminate the line currently on private property. The new larger water mains will improve redundancy, provide adequate water pressure and flow, and reduce the unaccounted for water.
Mr. Keller noted the project will be designed as one project for design purposes and permitting, but the whole project will be broken down into five construction contracts (if not more): water tower and 12” line on Brooklyn Road, Port Morris/Highland and Crestview areas, Point and last of Sparta Road, Sunset Ridge/East Drive, and Wells 3, 4 and 5. Councilman Graham expressed concerned about managing and affording such a large project. Councilman Benson agreed the current sewer/water rents will not cover the entire project. The governing body discussed the different funding options and decided to invite representatives to speak to them in the near future. The Administrator will explore USDA funding. Councilman Benson will ask that a representative from the MSA speak to the governing body about their experience with NJEIT. May Kuncken asked the Administrator to speak to Ray Sarinelli about attending a meeting the Borough Attorney is at to discuss funding.
Trails and Greenway Plan
Mr. Stein said the Borough received a letter from the school acknowledging an existing “paper” trail. If the Council wants to ask the Board of Education for formal permission for use of the property as a trail, it should be specific and if the Board of Education grants use of the trails, an agreement will be prepared. Mayor Kuncken noted the Trails and Greenway Plan is just a plan on paper.
OLD BUSINESS
Ordinance for Public Hearing and Final Adoption
Mayor Kuncken offered the following ordinance for Public Hearing and Final Adoption:
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 Benson, seconded by Councilwoman Maio, and unanimously carried by the following roll call vote, the above ordinance was adopted.
Roll Call:
Councilman Murphy – yes Councilman Graham - yes
Councilwoman Santucci – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
On motion by Councilman Benson, 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.
NEW BUSINESS
RESOLUTIONS
Mayor Kuncken offered the following resolutions which were read by title:
Resolution 120-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING THE RENEWAL OF LIQUOR LICENSES
TO LICENSE HOLDERS IN THE BOROUGH
WHEREAS, the liquor license renewal applications submitted are complete in all respects, the renewal fees have been paid, Tax Clearance Certificates received, the licenses have been reviewed, and the premises inspected;
NOW, THEREFORE, BE IT RESOLVED that the statutory requirements thereto having been fulfilled, the applications for renewal of liquor licenses be granted and the Borough Clerk be authorized to complete, sign and deliver said licenses on behalf of the Mayor and Council to the below named applicants, said licenses being renewed for the period July 1, 2010 to June 30, 2011 in the Borough of Stanhope, County of Sussex, New Jersey:
Plenary Retail Consumption Licenses:
1919-33-001-002 Karlbar Inc., t/a Black Forest Inn, 249 Route 206
1919-33-002-009 CKJ Corporation, Inc., t/a Shakey Jake’s, 134 Route 183
1919-33-004-005 MJ Kacz LLC., t/a Bell’s Mansion, 11 Main Street
1919-33-006-005 JMK Hospitality Group, LLC t/a The Stanhope House, 45 Main Street
Plenary Retail Distribution Licenses:
1919-44-003-009 RMDM Enterprises, t/a Ted’s Deli, 141 Route 183
Club Licenses:
1919-31-008-001 Musconetcong Post #278, American Legion, 119 Route 183
1919-31-009-001 Stanhope Hose Co. No. 1, 26 Main Street
On motion by Councilman Vance, seconded by Councilman Benson and unanimously carried by voice vote the foregoing resolution was duly adopted.
Resolution 121-10 RESOLUTION ATTESTING THAT THE STANHOPE GOVERNING BODY HAS COMPLIED WITH THE PROMULGATION OF THE LOCAL FINANCE BOARD OF THE STATE OF NEW JERSEY RELATIVE TO THE 2009 ANNUAL REPORT OF AUDIT
WHEREAS, N.J.S.A. 40A: 5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and
WHEREAS, the Annual Report of Audit for the year 2009 has been filed by a Registered Municipal Accountant with the Borough Clerk pursuant to N.J.S.A. 40A: 5-6, and a copy has been received by each member of the governing body; and
WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations; and
WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and
WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and
WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and
WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:
R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con¬viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Stanhope, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
On motion by Councilman Benson, seconded by Councilman Graham and carried unanimously by voice vote the foregoing resolution was duly adopted.
Resolution 122-10 AWARD OF SERVICE CONTRACT TO R & R PUMP & CONTROL SERVICES, LLC FOR QUARTERLY INSPECTIONS, TESTING, AND
SERVICING OF BOROUGH PUMP STATIONS
BE IT RESOLVED as follows:
The Annual contract terms for periodic inspections and required adjustments to the equipment listed below, in accordance with attached contract.
S&L Station – Port Morris
USEMCO Station – Musconetcong
he CFO is hereby authorized to issue a Certificate of Availability of Funds charging the appropriate department account for amounts reflecting all liabilities to be incurred through December 31, 2010 in accordance with N.J.R. 3644, 5:34-5.3 [a] [2].
This Resolution shall take effect immediately.
The Borough Administrator is hereby authorized to execute said contract.
On motion by Councilman Vance, 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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 123-10 RESOLUTION RATIFYING THE LENAPE MUNICIPAL ALLIANCE AGREEMENT
WHEREAS, the Lenape Municipal Alliance consists of volunteers from the Township of Byram and the Borough of Stanhope; and
WHEREAS, the Lenape Municipal Alliance applied for funding to the Governor’s Council on Alcoholism and Drug abuse through the County of Sussex for calendar year 2010 in the amount of $11,420,00;
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Stanhope, hereby ratify the Lenape Municipal Alliance Agreement previously executed by the Borough.
On motion by Councilwoman Maio, seconded by Councilman Vance the foregoing resolution opened to discussion by the governing body.
Mayor Kuncken noted there is no specific line item in the 2010 Budget for these funds. Councilman Benson said the CFO must certify the funds are available. Mr. Stein recommended the resolution be tabled until the CFO clarifies the funding is available.
On motion by Councilwoman Maio, seconded by Councilman Vance and unanimously carried by unanimous voice vote the foregoing resolution was tabled until the July 13th meeting.
Resolution 124-10 RESOLUTION – DEVELOPER’S AGREEMENT HOER PROPERTIES, LLC
BLOCK 11801, LOT 12
WHEREAS, Hoer Properties, LLC heretofore acquired ownership of the property identified as Block 11801, Lot 12 on the Tax Maps of the Borough of Stanhope; and
WHEREAS, Hoer Properties, LLC applied to the Land Use Board of the Borough of Stanhope for preliminary major subdivision approval; and
WHEREAS, the Land Use Board of the Borough of Stanhope approved a preliminary major subdivision application for the property on December 8, 2008, memorialized by resolution adopted on February 9, 2009; and
WHEREAS, the Land Use Board recommended to the Governing Body that a Developer’s Agreement be entered into with Hoer Properties, LLC regarding the development of the property for residential purposes; and
WHEREAS, the Borough Attorney has prepared a form of Developer’s Agreement, incorporating the terms and conditions of the preliminary major subdivision approval granted by the Land Use Board; and
WHEREAS, Hoer Properties, LLC has duly executed and returned the form of Developer’s Agreement to the Borough; and
WHEREAS, the Mayor and Council are of the opinion that it is in the best interest of the Borough to enter into a formal Developer’s Agreement with Hoer Properties, LLC for the development of Block 11801, Lot 12 for residential purposes.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be in the same are hereby authorized to execute the form of Developer’s Agreement with Hoer Properties, LLC, as prepared by the Borough Attorney.
On motion by Councilman Vance, 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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 125-10 RESOLUTION FOR LOCAL GOVERNMENT ENERGY AUDIT
Mr. Stein gave an overview of the procedure he and Administrator Stewart followed to obtain the Energy Audit Grant. Mr. Stein reported a Request for Proposal was mailed to all vendors on the State list of qualified vendors. Only two vendors responded affirmatively with interest. A letter was sent to the State stating the vendor chosen. The governing body must now pass a resolution naming the selected vendor that will be sent to the State. Once the State approves the vendor choice the governing body will pass a resolution awarding the contract. Councilwoman Maio asked where the funds will come from for the audit. Mr. Stein answered a grant from the Board of Public Utilities. Councilwoman Maio asked if there were any matching funds to come from the Borough. Mr. Stein answered there are no matching funds. Councilwoman Maio asked what the Borough’s potential costs could be for the audit. Councilman Murphy answered $11,750.00. Councilman Graham asked if the Borough pays for the audit and then is reimbursed. Administrator Stewart answered he would get an answer to that question. Councilman Benson recommended tabling the resolution until everyone is aware of the payment arrangements. The resolution is tabled until July 13, 2010 meeting.
Resolution 126-10 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. 2007-30, representing 2006 property taxes and/or utility charges on Block 11501, Lot 2, CO137, known as 8137 Ashland Court, assessed to Frederick W & Dawn M Rothenburgh, 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: Crusader Lien Services
179 Washington Lane
Jenkintown, PA 19046
Redemption Amount: Tax Title Lien #2007-30 and
Interest to Date of Meeting $ 24,962.21
Premium Paid by Lienholder 6,000.00
Total From Current Fund: $ 24,962.21
Total From Tax Premium Account 6,000.00
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 Councilwoman Maio, seconded by Councilman Benson and unanimously carried by voice vote the foregoing resolution was duly adopted.
Resolution 127-10 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. 2008-25, representing 2007 property taxes and/or utility charges on Block 11604, Lot 10, known as 19 Dell Road, assessed to Louis Ammirato, 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: Jesse Wolosky
1 Vista Drive
Sparta, New Jersey 07871
Redemption Amount: Tax Title Lien #2008-25 and
Interest to Date of Meeting $2,228.98
Premium Paid by Lienholder 200.00
Total From Current Fund: $ 2,428.98
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 Graham, seconded by Councilman Vance and unanimously carried by voice vote the foregoing resolution was duly adopted.
Resolution 128-10 RESOLUTION AWARDING CONTRACT FOR HIGH & PLANE STREET ROAD RECONSTRUCTION PROJECT
WHEREAS, the Borough of Stanhope heretofore advertised for the receipt of sealed competitive bids for the High & Plane Street Road Reconstruction Project; and
WHEREAS, the Borough accepted sealed competitive bids on June 17, 2010 for the High & Plane Street Road Reconstruction Project, and
WHEREAS, the Borough of Stanhope received three (3) sealed competitive bids with a base bid and alternate bid in the following total amounts: Top Line Construction Corp. - $372,072.02; Schenley Construction, Inc. - $388,310; Cifelli & Son - $420,595; and
WHEREAS, the Borough Attorney has reviewed the bids for compliance with the Local Public Contracts Law and the Borough’s bidding requirements; and
WHEREAS, Top Line Construction Corp. is the lowest responsive, responsible bidder for the Borough’s request for bids on June 17, 2010; and
Whereas, the Borough Engineer concurs the recommendation of the award of a bid is to Top Line Construction Corp. for the base and alternate bid;
NOW, THEREFORE, be it resolved by the Mayor and Council of the Borough of Stanhope that the Borough does hereby award a bid to Top Line Construction Corp. for the High & Plane Street Road Reconstruction Project in an amount not to exceed $372,072.02;
BE IT FURTHER RESOLVED, that the award of this bid is subject to certification of the availability of funds by the Chief Financial Officer; and
BE IT FURTHER RESOLVED, that the Borough Clerk shall notify all bidders on June 17, 2010 of the award of the bid to Top Line Construction Corp.; and
BE IT FURTHER RESOLVED, that the bid bond of all other bidders be returned to said bidder.
On motion by Councilwoman Maio, seconded by Councilman Benson and unanimously carried by the following roll call vote the foregoing resolution was duly adopted.
Engineer Keller reported there were two close bids and after discussion between the Administrator, Mr. Keller and Mr. Stein it was recommended the contract be awarded to Top Line. The bid is less than the engineer’s estimate.
Roll Call:
Councilman Murphy – yes Councilman Graham - yes
Councilwoman Santucci – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 129-10 RESOLUTION REQUESTING APPROVAL FROM THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR CANAL RESTORATION FUND PURSUANT TO N.J.S.A. 40A:50-29
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and
WHEREAS, N.J.S.A. 40A:50-29 allows municipalities to receive amounts for costs incurred for Donations – Acceptance of Bequests and Gifts, and
WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
The Mayor and Borough Council hereby request permission of the Director of the Division of Local Government Services to pay expenditures for Canal Restoration Fund as per N.J.S.A. 40A:4-39.
The municipal clerk of the Borough of Stanhope is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.
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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 130-10 RESOLUTION REQUESTING APPROVAL FROM THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR COUNCIL ON AFFORDABLE HOUSING FEES PURSUANT TO N.J.A.C. 5:97-8.1 ET SEQ
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and
WHEREAS, N.J.A.C. 5:97-8.1 et seq allows municipalities to receive amounts for costs incurred for Development Fees – Affordable Housing Trust Funds, and
WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
The Mayor and Borough Council hereby request permission of the Director of the Division of Local Government Services to pay expenditures for Development Fees – Affordable Housing Trust Funds as per N.J.S.A. 40A:4-39.
The municipal clerk of the Borough of Stanhope is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.
On motion by Councilman Graham, 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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 131-10 RESOLUTION REQUESTING APPROVAL FROM THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR SNOW REMOVAL RESERVE TRUST FUND PURSUANT TO PL 2001, C.138
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and
WHEREAS, PL 2001, c.138 allows municipalities to receive amounts for costs incurred for Snow Removal Reserve Trust Funds, and
WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
1. The Mayor and Borough Council hereby request permission of the Director of the Division of Local Government Services to pay expenditures for Snow Removal Reserve Trust Funds as per N.J.S.A. 40A:4-39.
2. The municipal clerk of the Borough of Stanhope is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.
On motion by Councilwoman Maio, 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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 132-10 RESOLUTION REQUESTING APPROVAL FROM THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR SNOW REMOVAL RESERVE TRUST FUND PURSUANT TO PL 2001, C.138
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and
WHEREAS, PL 2001, c.138 allows municipalities to receive amounts for costs incurred for Snow Removal Reserve Trust Funds, and
WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
The Mayor and Borough Council hereby request permission of the Director of the Division of Local Government Services to pay expenditures for Snow Removal Reserve Trust Funds as per N.J.S.A. 40A:4-39.
The municipal clerk of the Borough of Stanhope is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.
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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 133-10 RESOLUTION REQUESTING APPROVAL FROM THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR RECREATION FEES PURSUANT TO PL 1999, C. 292
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and
WHEREAS, PL 1999, c. 292 allows municipalities to receive amounts for costs incurred for Recreation Fees, and
WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
The Mayor and Borough Council hereby request permission of the Director of the Division of Local Government Services to pay expenditures for Recreation Fees as per N.J.S.A. 40A:4-39.
The municipal clerk of the Borough of Stanhope is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.
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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 134-10 RESOLUTION REQUESTING APPROVAL FROM THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR PUBLIC DEFENDER FEES PURSUANT TO N.J.S.A. 2B:24-17b
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and
WHEREAS, N.J.S.A. 2B:24-17b allows municipalities to receive amounts for costs incurred for Public Defender Fees Trust, and
WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
The Mayor and Borough Council hereby request permission of the Director of the Division of Local Government Services to pay expenditures for Public Defender Fees as per N.J.S.A. 40A:4-39.
The municipal clerk of the Borough of Stanhope is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.
On motion by Councilwoman Maio, 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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 135-10 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH PITNEY BOWES FOR POSTAGE MACHINE
WHEREAS, the Borough of Stanhope is in need of postage machine for its daily functions; and
WHEREAS, the Pitney Bowes Corporation has a special lease program for State and Local Governments, and
WHEREAS, the lease is for a period of sixty (60) months at $134 per month; and
WHEREAS, the lease of the postage meter is in the best interest of the Borough;
NOW, THEREFORE, be it resolved by the Mayor and Council of the Borough of Stanhope that the Chief Financial Officer is hereby authorized to execute a five (5) year lease agreement for a postage meter with Pitney Bowes at the rate of $134 per month.
On motion by Councilman Benson, seconded by Councilwoman Maio and the following roll call vote the foregoing resolution was defeated.
Roll Call:
Councilman Murphy – no Councilman Graham - no
Councilwoman Santucci – absent Councilman Vance – no
Councilwoman Maio – no Councilman Benson – yes
PAYMENT OF BILLS
Resolution 136-10 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 June 22, 2010 and on file and available for public inspection in the Office of the Chief Finance Officer and approved by the Chief Finance Officer for payment, be paid.
On motion by Councilwoman Maio, seconded by Councilman Benson 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 – absent Councilman Vance – yes
Councilwoman Maio – yes Councilman Benson – yes
Resolution 137-10 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING HOUSING REHABILITATION LOAN FOR BLOCK 11004, LOT 2
WHEREAS, the Borough of Stanhope has funding available to provide for housing rehabilitation loans to income qualified homeowners; and
WHEREAS, said loans shall qualify the Borough for COAH credits for rehabilitation units; and
WHEREAS, the property owner of Block 11004, Lot 2 has applied for a housing rehabilitation loan to reconstruct the roof on the home; and
WHEREAS, the Municipal Housing Liaison Officer has obtained a quote from Kasica Roofing for $4,350 for the basic roof with a maximum of $6,150.00 if all plywood sheathing needs to be replaced; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Borough shall grant a housing rehabilitation loan to the owner of 5 Ridge Road, Block 11004, Lot 2 in an amount not to exceed $6,150.00.
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 – absent 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.
Seeing no one 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 10:45 P.M.
Approved: 7/27/2010
Lynda Knott
Deputy Borough Clerk
For Ellen Horak, RMC
Borough Clerk