MAYOR AND COUNCIL
REGULAR MEETING
October 25, 2016 at 6:00 P.M.
Click Here to View/Print PDF Version of Minutes
CALL TO ORDER
SALUTE TO COLORS
Mayor Maio invited all those present to stand in a salute to the colors.
MAYOR’S STATEMENT AS TO COMPLIANCE WITH P.L. 1975
Adequate Notice of this Meeting has been provided according to the Open Public Meetings Act, Assembly Bill 1030. Notice of this Meeting was included in the Annual Meeting Notice sent to the New Jersey Herald and the Daily Record on January 6, 2016 and was placed on the Official Bulletin Board in the Municipal Building.
Furthermore, notice of the meeting time change was forwarded to the New Jersey Herald and Daily Record on October 13, 2016 and was placed on the Official Bulletin Board in the Municipal Building.
In the event the Mayor and Council have not addressed all items on this Agenda by 11:00 PM and they are of the opinion that they cannot complete the Agenda in a reasonable time period, the Mayor and Council may exercise their option to continue this meeting at an agreed to date, time and place within ten (10) days of this meeting. Please turn off all cell phones for the duration of this meeting.
ROLL CALL
Council Members:
Councilman Depew – present
Councilwoman Thistleton – present
Councilwoman Kuncken – present
Councilman Thornton – present
Councilman Romano – present
Councilwoman Zdichocki – present
Mayor Maio – present
COUNCIL DISCUSSION
2017 Municipal Budget – Mayor Maio stated the first hour of tonight’s meeting will be for the budget discussion.
3-a General Admin: Administrator McNeilly stated during the previous discussion a question arose regarding Dues and Memberships for the Administrator. The CFO is distributing these costs across the two utilities and the general budget.
Mayor Maio asked where the cost of new banners should be placed. Administrator McNeilly suggested the cost be placed in Buildings and Grounds. Mayor Maio stated new banners need to be ordered along with another set of banners for a different season.
3-d Mayor & Council: Administrator McNeilly stated funds have been budgeted to cover the costs for the Mayor and all the Council members to attend the NJLM conference for two nights. Discussion took place regarding funding for the SCLM meetings. Mayor Maio suggested the funding be added for all members to attend the SCLM meetings. In the event the overall budget has to be lowered this can be altered.
4-a Financial Admin: Administrator McNeilly stated there had been a question raised regarding the math. The figures are correct.
4-f Computer Services: Administrator McNeilly stated the CFO has included funding of $600 for the addition of ten more email addresses. (Line Item 024)
4-i Tax Collector: Line Item 523 has been reduced to $1,790 by the CFO. Line Item 528 for tax sale costs will also be adjusted closer to $800.
4-k Tax Assessment: Administrator McNeilly stated $5,000 has been added back in for appeals (Line Item 220).
5-a Legal Services: Administrator McNeilly stated line 527 has been increased by $15,000 as requested by the Governing Body for a total of $26,000 for the Labor Attorney.
5-a Engineering Services: Line Item 6524 will be eliminated. Much discussion took place regarding the costs for the Borough Planner and COAH.
5-e Affordable Housing COAH: Line Item 020 will remain at this time.
5-f Construction Official: The wording Storage Issues and File Cabinets have been removed from the document.
5-h Zoning: Administrator McNeilly stated he is investigating the purchase of a new software program for Zoning at a cost of $1,800-$2,000. A line item will be added for the software purchase.
6-a Insurances: Administrator McNeilly stated all the insurance costs are not available as yet.
7-b: Police Department: Mayor Maio asked for backup detail for Line Item 080 Personnel $7,500.
7-g Accreditation: Mayor Maio asked for detail on the $1,000 (2016) and $1,000 (2017).
Administrator McNeilly stated 2017 is the final year for the contracts for Dispatch, Garbage and Recycling. The contracts were all for five years.
7-m Fire Department: The paperwork includes budgeted amounts versus the requested amount. The budget sheets will be updated to include 10 months.
8-a Road Maintenance: Much work was done on the catch basins this year and the budget was exceeded this year for Line Item 9024. Mayor Maio asked how many catch basins exist in total. How many have been repaired and how many are left to be repaired.
8-c Snow Removal Equipment/Supplies: Mayor Maio asked for backup detail for Line Item 9033. Administrator McNeilly will ask the CFO for clarification. Line Item 9040 also needs clarification for licenses, permits and registrations.
Much discussion took place regarding the elimination of Line Item 10529025 along with 10529034.
Administrator McNeilly stated the total budget requested is $1,200 more than last year. Additional information is needed.
8-e Solid Waste: No changes.
8-h Buildings & Grounds: New banners must be added to the budget. A new seasonal set of banners (15) and a set of generic banners (11) will be ordered.
CITIZENS TO BE HEARD
Mayor Maio opened the meeting to the public after advising attendees there is a five (5) minute time limit for each speaker.
Seeing no one from the public wishing to speak, Mayor Maio closed this public portion of the meeting.
MINUTES FOR APPROVAL
Mayor Maio read aloud the list of minutes being presented for approval:
September 13, 2016 Work Session/Agenda Meeting
September 27, 2016 Regular Business Meeting & Closed Session
On motion by Councilwoman Kuncken, seconded by Councilman Romano and carried by voice vote the above listed minutes were approved. Councilwoman Zdichocki abstained from the minutes of September 27, 2016.
CORRESPONDENCE (List Attached)
On motion by Councilman Romano, seconded by Councilman Thornton and unanimously carried by voice vote, the list of correspondence was accepted and ordered placed on file.
Poll Workers – Mayor Maio stated there was an article in the NJ Herald regarding poll workers. Paula Zeliff-Murphy is among seventeen people in the County who have served as poll workers for twenty years or more. Mayor Maio extends her congratulations to Ms. Zeliff-Murphy for her years of service.
COUNCIL COMMITTEE REPORTS
Public Safety – Councilwomen Kuncken/Thistleton
(Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management)
Councilwoman Kuncken stated no report is available from the Ambulance Squad this month.
Councilwoman Kuncken stated the Fire Department for the month of September reported 11 calls answered, 93.25 man hours, 2 mutual aid calls and 0 assists to the Ambulance Squad. The Fire Department had a total of 343.25 volunteered man hours including drills, meetings, etc.
Councilwoman Kuncken stated the County Fire Marshal reported one inspection for the month of September.
Councilwoman Kuncken stated the Police Department reported 279 calls for the month with the majority of the calls from motor vehicle stops.
Finance & Administration – Councilman Romano/Councilwoman Kuncken
Councilman Romano stated the tax collections for the month of July were $413,726.94. The year to date tax collections are $5,894,547.93.
Councilman Romano stated the water collections for September were $108,717.43. Sewer collections were $155,087.97. The year to date water collection total is $471,824.56 and the year to date sewer collection total is $669,532.11.
Councilman Romano stated a meeting was held regarding the State Health Benefits which will be discussed during Council Discussion.
Mayor Maio stated in 2015 the year to date total by July was $6,413,044.07. Mayor Maio asked why this year’s figures are much lower. Administrator McNeilly stated there is nothing historically which indicates that the Borough will be anywhere but at the top of the collections. Outside Liens were higher in 2015 but this does not account for the approximate $500,000 difference. Administrator McNeilly asked for a copy of the report and he will ask the CFO for clarification.
Community Development – Councilwoman Zdichocki/Councilman Thornton
(Zoning, Construction, Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization)
Councilwoman Zdichocki stated for the months of August and September there were 15 Zoning Permit applications and 7 violations and complaints.
Councilwoman Zdichocki stated a Clean Communities Meeting is scheduled for this Thursday. The removal of signs from within the Borough is going well. Councilwoman Zdichocki stated a representative for the LMCA contacted her to comment on how nice Lakeside Park looks. The LMCA would like to discuss the donation of benches. Mayor Maio stated the LMCA should contact the Borough Administrator regarding the benches.
Mayor Maio asked Administrator McNeilly when the fencing will be completed. Administrator McNeilly stated hydrant flushing and leaf collection are being done at this time. Administrator McNeilly will ask Jason Titsworth, DPW Supervisor, to prepare a budget proposal to replace the beams.
Municipal Infrastructure – Councilman Thornton/Councilwoman Zdichocki
(Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds)
Councilman Thornton stated hydrant flushing is nearly completed per Bill Storms, DPW Superintendent. Due to the increased pressure, quite a bit of time was spent at the Highpoint Condominiums flushing the hydrants. Everything has gone well. Administrator McNeilly stated the hydrant flow testing will be done soon. The numbers for ISO should be good this time. The DPW can now clean with force and the meter can be bypassed for hydrant flushing which will not affect the water billing.
Information Technology – Councilmen Depew/Romano
No Report.
Boards/Commissions – Councilwoman Thistleton/Councilman Depew
Councilwoman Thistleton stated the Recreation Commission held the casino bus trip which went very well. The next event will be the Halloween Parade to be held on October 29th at 11:00a.m. The parade will begin at Church Street and will end at the Fire House. The event will be held rain or shine.
Councilwoman Zdichocki stated the Recreation Commission would like to ask Ms. Stanhope to light the holiday tree and asked if Governing Body approval in required. Mayor Maio stated approval is not necessary and there were no objections.
ADMINISTRATOR’S REPORT
Musconetcong Watershed Association – Administrator McNeilly stated the Musconetcong Watershed Association would like to attend the November 22nd Mayor and Council meeting to present their annual Stormwater Education Program.
Stanhope School – Administrator McNeilly stated he and the Borough Engineer met at Borough Hall with the group responsible for the solar project at Stanhope School on October 18th. The solar company was not present. Their Engineer and Attorney attended who will work to organize the project and go out to bid. The cost and risk are on the contractor. Only 80% of the power consumed is allowed to be generated. The project is too small to go out on their own so as a result they are looking for partners to add to the RFP. Administrator McNeilly stated a discussion was held regarding the two locations in the Borough which could benefit from solar panels; Borough Hall on Main Street and the DPW Yard on Smith Street. The Borough Hall roof is not adequate for the installation of panels and installing a carport or ground mounting is not an option. Borough Hall may not even use enough power to be part of the project. Administrator McNeilly did provide copies of the last 12 months electric bills for their review. The DPW yard roof, which is designed for solar panels, faces the wrong way and the trees block the southern exposure. The project representatives suggested a canopy for the gas station or carports for the area where the DPW park their cars along the side. The DPW does not use much electric either. Administrator McNeilly stated he did provide copies of the electric bills for their review. The project representatives are also reaching out to other entities such as Netcong School. Administrator McNeilly stated the presentation was good but in his opinion the Borough would not benefit from participating in this project.
Schuffenhauer Property – Administrator McNeilly stated the Code Enforcement issues have been completed for the Schuffenhauer property. The Zoning Application is under review. A determination will be made by the Construction Official as to whether or not the building will require a full or partial demolition. Mr. Stein is providing the legal guidelines. Jason Laliker, Tax Assessor, has visited the property for an updated assessment. Administrator McNeilly stated tomorrow he will ask the Zoning Officer and the Construction Official to provide the necessary information by a specific date.
Ridge Road Property – Mr. Stein stated if the building is to be demolished, there are specific regulations which have to be followed. Administrator McNeilly stated the same framework has been instituted for 5 Ridge Road. Mr. Stein stated a title search was done in 2012 when the owner’s daughter was pursuing a COAH loan to replace the roof. There was a reverse mortgage which went past the equity of the home but the loan was made to fix the roof as a matter of public safety. The owner has since passed away. Administrator McNeilly stated he will ask the Zoning Officer, Tax Assessor and Construction Official to inspect the home on Ridge Road. Mr. Stein stated he has asked Dana Mooney, CFO, to check on the liens. Someone has been paying. Mr. Stein is of the opinion the title search may reveal the home is or has gone through a foreclosure. Councilwoman Kuncken asked if the Borough will get their money back. Mr. Stein stated the Borough will not receive the money from the loan that was made. Mr. Stein stated the house at the time of the reassessment was below $200,000 and the amount that was already due on the reverse mortgage was almost $300,000.
Hydrant Flow Testing – Administrator McNeilly stated the hydrant flow testing will begin on October 26th.
Business Cards – Administrator McNeilly stated the CFO would like to know if the Mayor or members of the governing body need to order business cards, prior to attending the League Conference.
Borough Hall – Administrator McNeilly stated he met with Ken Fox, Architect, to discuss a proposal for renovation/addition to Borough Hall. Mr. Fox will submit his proposal prior to the next Mayor and Council Meeting. Councilwoman Kuncken asked Administrator McNeilly how much money is still available. Administrator McNeilly stated there is approximately $120,000 between the two lines. New construction costs are $350/sq.ft. and renovations would be $300/sq.ft.
DPW / Police – Administrator McNeilly stated he has been in contact with the DPW union and the Police Department union. Initial meetings will be held within the next two weeks.
NJDOT – Administrator McNeilly stated a letter was received indicating the State is not going to participate in the Access Classification change for NJDOT. Immediate letters of request have gone out to the Senator’s Office to arrange for meetings with specific representatives at NJDOT. Administrator McNeilly stated he spoke with the Senator on Thursday night and the Senator is eager to have this wrong corrected.
2016 Tax Sale – Administrator McNeilly reported the 2016 Tax Sale was successful. One lien remained unsold. The Borough is at 100% for 2015. The Finance Department has put forth extra effort, as they do every year, to reach out to the owners to try and prevent them from being on the tax sale list which increases their costs.
Fresh State Opportunities – Mayor Maio asked Administrator McNeilly for the status of Building Blocks, Fresh Start Opportunities, on Elm Street. Administrator McNeilly deferred to Mr. Stein. Mr. Stein stated during the tax lien frenzy they bought the tax lien and foreclosed on it. They attempted to try and develop the property but there was only one small location where a building could be placed. The Council allowed them to redeem in installments. One or two payments were made and then they stopped paying after receiving news from DEP. Mr. Stein stated the Borough’s original lien is still valid and can be foreclosed on at any time. Mr. Stein stated the land will remain vacant. Mr. Stein stated several years ago a fairly comprehensive foreclosure was done. It is more efficient to do them in a group but the foreclosure can be done individually. Administrator McNeilly will determine how many liens exist and provide the information to the Governing Body. The Governing Body made the decision to move forward with this foreclosure. Mr. Stein will prepare the documents for the next scheduled meeting.
December 13th Meeting – Administrator McNeilly stated both the Borough Auditor and Borough Tax Assessor will attend the December 13th meeting. Mr. Sarinelli has asked to be scheduled for 6:00p.m. due to a conflict. Administrator McNeilly stated Mr. Sarinelli will speak first followed by Mr. Laliker.
COUNCIL DISCUSSION
Ordinance Regarding False Alarms – Mayor Maio stated the Fire Department has requested an ordinance be adopted regarding false alarms. Administrator McNeilly stated he sent a memo to the Governing Body members on October 19th regarding the fire alarms. Information regarding how false alarms are handled by various towns was provided. Roxbury Township is the only one to make a differentiation between commercial and residential properties. Many of the ordinances are similar except for the fines charged. Newton Township requires the systems to be registered.
Mr. Stein stated he reviewed the ordinances after receiving Administrator McNeilly’s memo. They are the same but different. Much discussion took place regarding the various formats and whether or not the Governing Body should adopt an ordinance. Mr. Stein stated if the decision is made to adopt an ordinance, it could be introduced in November and adopted in December in order to take effect in January. Mayor Maio stated she has reservations with adopting an ordinance. Only 20% of the properties are an issue and properties which have never been an issue will be penalized if they do not register. Administrator McNeilly stated the ordinance could be written without requiring the systems to be registered. Administrator McNeilly stated he is in favor of having a certification completed by an alarm company after a certain number of false alarms have been reached. Mayor Maio stated there has never been an issue with a residential property. Mayor Maio asked the Governing Body for their input. Councilman Romano stated in his opinion, if the ordinance is adopted, a fine should not be incurred until after three or four occurrences. Councilwoman Zdichocki and Councilman Depew agree with Councilman Romano. Councilman Thornton stated he is in favor of adopting an ordinance without requiring registration so that a burden is not placed on those individuals who are conforming. Much discussion took place regarding whether or not to include residential properties. Mayor Maio confirmed with the Governing Body they are in favor of drafting an ordinance regarding false alarms to include commercial and residential properties with warnings for up to 3 false alarms per calendar year and beyond that penalties would be incurred.
Mayor Maio asked how false alarm situations would be handled for mutual aid calls. Mr. Stein stated the Borough can only control what is within the municipal limits of Stanhope. If there is a false alarm call from a mutual aid town, that town would have to handle it under their ordinance.
Much discussion took place regarding the penalties to be imposed. Administrator McNeilly suggested following Hopatcong’s ordinance. False alarms 1-3 would be warnings, 4th would have a fine of $50.00, 5 calls would have a fine of $100.00 and 6 would be $200.00. This would be for fire calls only, not protection calls. Mayor Maio stated it is critical that this information be thoroughly presented to the business community. Mr. Stein stated by having the ordinance take affect January 1, 2017, this will allow time to inform the businesses. Administrator McNeilly stated a letter can be sent to all the commercial businesses and a note placed in the water bills.
Administrator McNeilly asked Mr. Stein who should keep track of the false alarms and who will issue the warnings. Mayor Maio asked where the funds from the fines will be placed. Mr. Stein stated the Fire Department will report back to the Municipal Building when a false alarm has occurred. For each occurrence a letter has to be sent. Mr. Stein will review the issue to determine which department should handle the warnings and fines.
Maria Vignali Request (water/sewer late fee) – Mayor Maio stated a copy of the letter from Maria Vignali has been distributed to the Governing Body. Ms. Vignali is requesting relief from interest charges for a water/sewer bill which she says she did not receive. As of the date of the letter, October 19th, the interest owed is $0.88. Mayor Maio stated interest has never been forgiven on a late payment. If the bill is not received, the resident is still responsible for paying the bill. The Governing Body agreed that the interest should not be waived. Mayor Maio asked Administrator McNeilly to send a letter of denial to Ms. Vignali.
State Health Benefits – Mayor Maio stated information was provided to the Governing Body a week ago. Mayor Maio stated the new plan will allow the employee to choose a lower premium health plan. This plan will also provide a lower cost to the Borough. The employee would be entitled to a one time cash incentive if they choose the new plan. The plan would be administered in the same manner as the other plans. Administrator McNeilly stated there is a savings to be had and the plan is already established. Councilman Romano stated the choice will save the employee and Borough. If the choice is approved, Ms. Mooney will meet with the employees to explain the options. Mayor Maio asked each of the Governing Body members for their decision. The Governing Body unanimously agreed to add the new health care plan.
Mr. Stein stated he has prepared a resolution for adoption. Administrator McNeilly stated the resolution must be adopted this evening in order for the plan to be a choice for open enrollment.
Energy Aggregation – Councilman Thornton stated he was a JCP&L customer who was switched over to the energy aggregation program. Councilman Thornton stated he took the opportunity this month to see how the opt-out plan works. It does not work the way it was explained originally. Opting out is handled as a cancellation and it takes one or two billing cycles to be removed.
NEW BUSINESS
Mayor Maio offered the following ordinances for Introduction which were read by title:
Ordinances for Introduction and First Reading [Public Hearing on November 22, 2016]
Ordinance 2016-12
AN ORDINANCE OF THE BOROUGH OF STANHOPE, SUSSEX COUNTY, NEW JERSEY AMENDING CHAPTER 32 OF THE CODE OF THE BOROUGH OF STANHOPE ENTITLED “PERSONNEL POLICIES AND STANDARDS”
BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey, as follows:
SECTION 1.
Subsection B of Section 32-3 “Sick Leave” of Article 1 of Chapter 32 of the Code of the Borough of Stanhope is hereby amended to read as follows:
B. The term “immediate family” shall include the following: an employee’s spouse, civil union partner, child, legal ward, grandchild, foster child, parent, legal guardian, grandparent, sibling, present father-in-law, present mother-in-law and other relatives residing in the employee’s household.
SECTION 2.
Subsection I of Section 32-3 “Sick Leave” of Article 1 of Chapter 32 of the Code of the Borough of Stanhope is hereby amended to read as follows:
I. Employees who retire from employment with the borough shall be entitled to compensation for 25% of their accrued sick leave as of the date of retirement based on their regular rates of pay then in effect. Said compensation, however, shall not exceed $15,000.00.
SECTION 3.
All other provisions of Section 32-3 of the Code of the Borough of Stanhope not amended by this Ordinance shall remain in full force and effect.
SECTION 4.
This Ordinance shall take effect upon passage and publication as required by law.
On motion by Councilwoman Thistleton, seconded by Councilman Romano, and unanimously carried by the following roll call vote, the foregoing ordinance was introduced.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
On motion by Councilwoman Zdichocki, seconded by Councilman Depew, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance and authorized publication of same.
Ordinance 2016-13
AN ORDINANCE TO AMEND CHAPTER 110
OF THE CODE OF THE BOROUGH OF STANHOPE ENTITLED “PROPERTIES,
VACANT AND ABANDONED” BY AMENDING SUBSECTION 110-4
REGARDING REGISTRATION FEES
BE IT ORDAINED, by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey, as follows:
SECTION 1
Subsection A of Section 110-4 “Fee Schedule” is hereby repealed and is replaced with the following:
The schedule of registration fees for each building shall be as is set forth in Subsection B hereof. The initial registration fee of $250.00 shall be for the period from the date of registration through December 31st of the initial registration year and shall not be refundable in the event that the property should subsequently become legally occupied during the initial registration year. After the initial registration year or any subsequent renewal year, the owner may apply, in writing, for a prorated refund of the yearly registration fee based upon the date of legal occupancy of the registered property in the event that any property shall become legally occupied.
SECTION 2 – When Effective
This ordinance shall become effective upon final passage and publication as required by law.
On motion by Councilwoman Kuncken, seconded by Councilman Romano, and unanimously carried by the following roll call vote, the foregoing ordinance was introduced.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
On motion by Councilman Romano, seconded by Councilwoman Thistleton, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance and authorized publication of same.
Ordinance 2016-14
AN ORDINANCE OF THE BOROUGH OF STANHOPE, SUSSEX COUNTY, NEW JERSEY, AMENDING CHAPTER 133 OF THE CODE OF THE BOROUGH OF STANHOPE ENTITLED “VEHICLES AND TRAFFIC” BY PROVIDING FOR ADDITIONAL TIME RESTRICTED TURNS ONTO VALLEY ROAD
BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey, as follows:
SECTION 1. Section 133-48, “Schedule XVII: Prohibited Turn at Intersections” is hereby amended to read as follows:
|
Name of Street |
Direction of Travel |
Prohibited Turn |
At Intersection of |
|
County Route 602 |
West |
Left |
Lloyd Avenue |
|
Lloyd Avenue |
North |
Left |
County Route 602 |
|
Valley Road |
South |
No right turn between the hours of 7:30am to 8:30am and 2:30pm to 3:30pm, Monday through Friday or during early dismissal while school is in session. |
Valley Road School entrance |
SECTION 2. When effective. This ordinance shall take effect upon passage and publication, as required by law.
On motion by Councilman Depew, seconded by Councilman Thornton, and unanimously carried by the following roll call vote, the foregoing ordinance was introduced.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
On motion by Councilwoman Kuncken, seconded by Councilman Depew, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance and authorized publication of same.
RESOLUTIONS
Mayor Maio offered the following resolutions which were read by title:
Resolution 161-16
RESOLUTION AUTHORIZING RENEWAL OF INTERLOCAL SERVICES AGREEMENT WITH THE BOROUGH OF HOPATCONG FOR A SHARED MUNICIPAL COURT
WHEREAS, the Borough of Stanhope is required by law to operate a Municipal Court to hear those summonses which fall within the jurisdiction of Municipal Courts in the State of New Jersey; and
WHEREAS, N.J.S.A. 2B:12-1(c) expressly provides that two or more municipalities may by ordinance or resolution agree to provide jointly for courtrooms, chambers, equipment, supplies and employees for their Municipal Courts, wherein each Municipal Court maintains its separate identity; and
WHEREAS, pursuant to the provisions of N.J.S.A. 40A:65-1, the Uniform Shared Services and Consolidation Act, Hopatcong and Stanhope are empowered to enter into an agreement to provide for the sharing of said municipal court services; and
WHEREAS, in 2011 the Borough of Stanhope and the Borough of Hopatcong entered into a Interlocal Services Agreement to provide for the consolidation of their municipal courts, under a Shared Court Agreement; and
WHEREAS, the Governing Body of the Borough of Stanhope believes that it is in the best interest of the Borough of Stanhope to enter into a renewal of the Interlocal Services Agreement with the Borough of Hopatcong wherein the Borough of Hopatcong shall operate the Stanhope Borough Municipal Court in Hopatcong’s facilities with Hopatcong personnel as is provided for in the attached Interlocal Services Agreement; and
WHEREAS, the Interlocal Services Agreement with the Borough of Hopatcong is a shared services agreement, which shall result in costs savings to the Borough of Stanhope while continuing the efficient operation of the Stanhope Borough Municipal Court;
NOW, THEREFORE, be it resolved by the Mayor and Council of the Borough of Stanhope on this 27h day of September 2016 that the Mayor and Clerk be and the same are hereby authorized to execute the attached Interlocal Services Agreement with the Borough of Hopatcong to continue a shared municipal court.
On motion by Councilwoman Kuncken, seconded by Councilwoman Zdichocki and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
Resolution 162-16
Resolution supporting and authorizing the submission of a New Jersey Department of Transportation– Transportation Alternatives Program (TAP) Grant Application for the Stanhope Pedestrian Loop Phase 2
WHEREAS, the Borough of Stanhope, Sussex County, State of New Jersey desires to apply to the New Jersey Department of Transportation for funding under the Transportation Alternatives Program (TAP); and,
WHEREAS, the Transportation Alternatives Program (TAP) Grant provides federal funds for community based “non-traditional” surface transportation projects designed to strengthen the cultural, aesthetic, and environmental aspects of the nation’s intermodal system; and,
WHEREAS, the Borough of Stanhope is applying for funding for a pedestrian safety project directly related to surface transportation to complete the Stanhope pedestrian loop with safety improvements, lighting, and streetscape along Sparta Road, Delaware Avenue from Elm Street to Meadowbrook Lane continuing to Lenape Valley Regional High School and from Dell Road to the Valley Road School; and
WHEREAS, the project will help to continue and improve the safety, promotion and encouragement of pedestrian and bicycle access and safety for Stanhope residents; and
WHEREAS, following the completion of the proposed project, the Borough of Stanhope certifies that it will be responsible for the continual ownership and maintenance for the useful life of the project after the construction is completed through its Department of Public Works; and
WHEREAS, the Borough of Stanhope will assign Brian McNeilly, Borough Administrator, to serve as the municipal employee designated as the “responsible charge” for this project. Mr. McNeilly is employed full-time by the Borough of Stanhope; and
WHEREAS, the project related construction will occur on publicly accessible Borough property and land owned by the Valley Road Elementary School, with corresponding documentation outlining ownership boundaries and maintenance agreements with the Stanhope Board of Education as part of the Stanhope Pedestrian Loop Phase 2 grant application;
NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Stanhope, hereby support and authorize the submission of a TAP Grant application identified as “TA-2016-Stanhope Pedestrian Loop Phase 2-00036” to the New Jersey Department of Transportation- Transportation Alternatives Program for the Stanhope Pedestrian Loop Phase 2.
BE IT FURTHER RESOLVED that the Mayor, Administrator and Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Stanhope and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.
On motion by Councilwoman Zdichocki, seconded by Councilman Thornton and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
Resolution 163-16
APPROVING SETTLEMENT WITH FAIR SHARE HOUSING CENTER AND AUTHORIZING THE BOROUGH ATTORNEY TO NEGOTIATE AND FINALIZE THE LANGUAGE OF A SETTLEMENT AGREEMENT AND AUTHORIZING AND DIRECTING THE MAYOR AND MUNICIPAL CLERK TO EXECUTE THE FINAL FORM OF SETTLEMENT AGREEMENT
WHEREAS, the Borough of Stanhope (“the Borough”) filed an action in Superior Court seeking a declaration of compliance with the Mt. Laurel doctrine, Docket No. SSX-L-428-15; and
WHEREAS, Fair Share Housing Center expressed interest in entering into a Settlement Agreement, which is attached hereto and incorporated herein by reference; and
WHEREAS, the Borough planner is preparing a revised Housing Element and Fair Share Plan, which includes the terms of the Settlement Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
1. The Borough Attorney is authorized to negotiate and finalize the final terms of the Settlement Agreement and to obtain a Judgment of Compliance from the Superior Court.
2. The Mayor and Municipal Clerk are authorized and directed to execute the final form of the Settlement Agreement.
On motion by Councilman Thornton, seconded by Councilman Romano and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
Resolution 164-16
RESOLUTION AUTHORIZING BOROUGH OF STANHOPE TO APPLY FOR NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY – DRIVE SOBER OR GET PULLED OVER 2016 YEAR END HOLIDAY CRACKDOWN GRANT
WHEREAS, the New Jersey Division of Highway Traffic Safety has established a year end grant program to provide funding for police officers overtime to engage in a Drive Sober or Get Pulled Over 2016 Year End Holiday Crackdown; and
WHEREAS, the program is a grant program that requires an application to the New Jersey Division of Highway Traffic Safety; and
WHEREAS, the Borough of Stanhope has previously used Millennium Strategies, LLC to assist the Borough in various grant applications; and
WHEREAS, the Stanhope Borough Police Department wishes to apply for the year end grant with the assistance of Millennium Strategies, LLC; and
WHEREAS, a resolution authorizing the grant application must be adopted by the Governing Body of the Borough of Stanhope;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Stanhope that the Borough shall apply for a New Jersey Division of Highway Traffic Safety – Drive Sober or Get Pulled Over 2016 Year End Holiday Crackdown grant with the assistance of Millennium Strategies, LLC; and
BE IT FURTHER RESOLVED, that the Mayor or other appropriate Borough Official be and the same is hereby authorized to execute the grant application on behalf of the Borough of Stanhope.
On motion by Councilwoman Zdichocki, seconded by Councilman Depew and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
Resolution 165-16
A RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE US DEPARTMENT OF HOMELAND SECURITY- FEMA 2016 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) AND ACCEPTANCE OF GRANT, IF AWARDED
WHEREAS, the Assistance to Firefighters Grant (AFG) increases the safety of residents and firefighters from fire and fire-related hazards by providing funding for critically needed resources to equip and train emergency personnel as well as to improve operational efficiencies and for interoperability between communities; and
WHEREAS, the Borough of Stanhope Fire Department desires to apply for and obtain a grant from the US Department of Homeland Security—FEMA FY2016 Assistance to Firefighters Grant (AFG) for the purchase of personal protective equipment;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council for the Borough of Stanhope are in support of this application and authorize the submission of a FY2016 Assistance to Firefighters Grant (AFG) by the Stanhope Fire Department; and
BE IT FURTHER RESOLVED, that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Stanhope and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.
On motion by Councilman Depew, seconded by Councilwoman Thistleton and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
CONSENT AGENDA (All items listed on the Consent Agenda are considered routine by the Borough Council and were enacted by one motion of the Borough Council with no separate discussion.)
Resolution 166-16
RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING THE ISSUANCE OF RAFFLE LICENSE RA-621
WHEREAS the following Raffle Application has been submitted for Mayor and Council approval;
Raffle # Applicant Type of Game Dates
RA-621 Stanhope Borough Senior Citizens 50/50 On-Premise January 26, 2017
February 23, 2017
March 23, 2017
April 27, 2017
May 25, 2017
June 22, 2017
July 27, 2017
September 28, 2017
October 26, 2017
November 16, 2017
and;
WHEREAS said Raffle Application has been provided to the Mayor, Council and Police Department for their review;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey, the following:
- The appropriate officials are hereby authorized to execute the findings and determination for the above application and shall forward same to the Legalized Games of Chance Control Commission (LGCCC) for review.
- That the above license shall be issued pending LGCCC approval, pursuant to N.J.A.C. 13.1 et seq.
Resolution 167-16
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS
WHEREAS, Jesse & Christine Pote had placed funds on deposit with the Borough of Stanhope for a Use Variance Application for Block 11102, Lot 8 in February 2016; and
WHEREAS, the variance request was granted but the applicant has decided not to move forward with the project; and
WHEREAS, there are unused funds in the amount of $983.20.
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, that a warrant be drawn to Jesse & Christine Pote in the designated amount representing a refund of unused escrow funds, as follows:
Jesse & Christine Pote
11 Linden Avenue
Stanhope, New Jersey 07874
Original Deposit $1,000.00
Funds Expended ( 16.80)
Balance to be Refunded $ 983.20
Resolution 168-16
RESOLUTION AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIEN HOLDER
WHEREAS, the Tax Collector has received payment for the redemption of Tax Title Lien No. 2014-007, representing 2013 property taxes and/or utility charges on Block 10703, Lot 17, known as 5 Crestview Dr, assessed to Patrick & Lynne Jamiolkoski, 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: US Bank Cust BV Trust 2015-1
50 S. 16th Street, Suite 1950
Philadelphia, PA 19102
Redemption Amount: Tax Title Lien #2014-007 and
Interest to Date of Meeting $ 3,485.90
Premium Paid by Lienholder 2,800.00
Total From Current Fund: $ 3,485.90
Total From Tax Premium Account 2,800.00
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.
Resolution 169-16
RESOLUTION AUTHORIZING REFUND OF REDEMPTION MONIES
TO OUTSIDE LIEN HOLDER
WHEREAS, the Tax Collector has received payment for the redemption of Tax Title Lien No. 2015-030, representing 2014 property taxes and/or utility charges on Block 11701, Lot 13.18 C0404, known as 404 Stonegate Lane, assessed to Scott McGlashan, 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: US Bank – Cust-Actlien Holding Inc.
50 South 16th Street, Suite 2050
Philadelphia, Pennsylvania 19102
Redemption Amount: Tax Title Lien #2015-030 and
Interest to Date of Meeting $ 17,320.99
Premium Paid by Lienholder 19,900.00
Total From Current Fund: $ 17,320.99
Total From Tax Premium Account 19,900.00
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.
Resolution 170-16 RESOLUTION AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIEN HOLDER
WHEREAS, the Tax Collector has received payment for the redemption of Tax Title Lien No. 2016-014, representing 2015 property taxes and/or utility charges on Block 11402, Lot 31, known as 141-143 State Route 183, assessed to RMDM Holdings, LLC, 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: US Bank Cust for PC6, Sterling National
50 South 16th Street, Suite 2050
Philadelphia, Pennsylvania 19102
Redemption Amount: Tax Title Lien #2016-014 and
Interest to Date of Meeting $ 11,998.70
Premium Paid by Lienholder 0.00
Total From Current Fund: $ 11,998.70
Total From Tax Premium Account 0.00
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 Kuncken, seconded by Councilman Romano and unanimously carried by the following roll call vote, the foregoing resolutions were duly adopted.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
PAYMENT OF BILLS
Resolution 171-16
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 October 25, 2016 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 Romano, seconded by Councilwoman Kuncken and unanimously carried by the following roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
Resolution 172-16
RESOLUTION AUTHORIZING BOROUGH OF STANHOPE TO ENGAGE
IN VOLUNTARY FINANCIAL INCENTIVE PILOT PROGRAM UNDER
STATE HEALTH BENEFITS PROGRAM
WHEREAS, the Borough of Stanhope participates in the New Jersey State Health Benefits Program; and
WHEREAS, the State Health Benefits Program has established a Financial Incentive Pilot Program granting financial incentives to subscriber employees who select enrollment into tiered-network medical plans otherwise known as Horizon Blue Cross Blue Shield of New Jersey’s OMNIA Plan or Aetna’s Liberty Plan; and
WHEREAS, the terms of the Program include the following:
A. The Program shall be available to subscriber employees who are first time enrollees in a tiered network medical plan, beginning Plan Year 2017 and continuing for two (2) plan years through December 31, 2018;
B. The Program does not extend to participants enrolled under Chapter 375 PL 2005 (certain over-age adult children) and COBRA;
C. Participation in the Program is entirely voluntary at the option of the Borough;
D. The financial incentive for eligible employees shall be:
– $1,000 for Single Member coverage when changing to a tiered-network plan;
– $1,250 for Member/Spouse coverage when changing to a tiered-network plan;
– $1,250 for Parent/Child coverage when changing to a tiered-network plan
– $2,000 for Family coverage when changing to a tiered-network plan
E. The program incentive amount shall be paid within the first quarter of Plan Year 2017 and is reportable income to the subscriber employees.
F. The incentive shall be forfeited and repaid to the Borough in the event the subscriber employee fails to remain enrolled in the Plan for at least two (2) years, except that if a subscriber employee is made ineligible for health care through layoff, involuntary separation, reduction to part-time status or classification into an eligible position or further in the event the subscriber employee voluntarily retires or changes health plans due to a catastrophic or emergency health need as determined by the Borough after a full year, then the incentive shall be forfeited on a pro-rata basis.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Stanhope that the Borough shall hereby participate in the Financial Incentive Pilot Program; and
BE IT FURTHER RESOLVED that the management and administration of the Financial Incentive Pilot Program shall be solely the responsibility of the Borough.
On motion by Councilman Romano, seconded by Councilwoman Kuncken and unanimously carried by the following roll call vote the foregoing resolution was duly adopted.
Roll Call:
Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
ATTORNEY’S REPORT
Mr. Stein distributed copies, provided by the Borough Planner, of what the new zoning map would look like. Part of the COAH settlement requires rezoning part of the Borough’s property for high density residential development. Councilwoman Kuncken asked if these changes will eliminate the prior ordinance for the age restricted area. Mr. Stein confirmed the new ordinance will repeal the previous ordinance. Under the settlement agreement, only 25 percent will be age restricted. Administrator McNeilly stated in the RC zone on the left hand side of the map the previous zoning changes have not been included for Kynor Avenue. Administrator McNeilly will speak with Mr. Hamilton tomorrow.
Mr. Stein stated the final settlement agreement is done and needs to be signed. Mr. Hamilton must finish the spending plan and once that is completed it will come to the Borough to go through the ordinance procedure. The ordinances will be amended to be consistent with the settlement agreement. This plan will be in place for ten years going forward and will provide repose and protection from builders remedy suits. The Borough can decide where the high density area will be as opposed to a developer. This plan is consistent with what was envisioned years ago to develop the very southern tip of the Borough as the higher residential area. Mayor Maio stated this does not mean the Borough is looking to have this developed now. This is in place in case there should be a need in the future. The area is close to transportation and jobs.
CITIZENS TO BE HEARD
Mayor Maio 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 Maio closed the public portion of the meeting.
CLOSED SESSION
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231 P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, New Jersey as follows:
1. The public shall be excluded from discussion of and action upon the hereinafter-specified subject matter(s).
2. The general nature of the subject matter(s) to be discussed is as follows:
3 – Contract (1-Shared Service, 1-Sewer Allocation, 1-Sale of Water)
4. 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.
5. This resolution shall take effect immediately.
On motion by Councilwoman Kuncken, seconded by Councilman Romano, and unanimously carried by voice vote, the foregoing resolution was adopted.
The Mayor and Council went into Closed Session at 8:00 P.M.
RETURN TO OPEN SESSION
At the conclusion of the Closed Session, the Mayor and Council reconvened the public meeting at 8:30 P.M. with all present.
ADJOURNMENT
On a motion by Councilwoman Kuncken, seconded by Councilwoman Thistleton, and unanimously carried by voice vote the meeting was adjourned at 8:30 P.M.
Approved: Linda Chirip
Deputy Clerk for
Ellen Horak, RMC
Borough Clerk