MAYOR AND COUNCIL
REGULAR MEETING
September 25, 2018
7:00 P.M.
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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 3, 2018 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:
Councilwoman Kuncken – present
Councilwoman Thistleton – present
Councilman Riccardi – present
Councilman Thornton – present
Councilman Romano – present
Councilwoman Zdichocki – present
Mayor Maio – present
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:
August 14, 2018 Work Session/Agenda Meeting
August 28, 2018 Business Meeting
On motion by Councilman Romano, seconded by Councilman Thornton and carried by voice vote, the above listed minutes were approved.
CORRESPONDENCE (List Attached)
On motion by Councilwoman Thistleton, seconded by Councilwoman Kuncken and unanimously carried by voice vote, the list of correspondence was accepted and ordered placed on file.
COUNCIL COMMITTEE REPORTS
Public Safety – Councilwomen Kuncken/Thistleton
(Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management)
Councilwoman Kuncken stated for the month of August, the Fire Department for the month of reported 9 number of calls answered with man hours totaling 42,75. They had 1 mutual aid call and no calls assisting. The number of man hours was 11. They had 3 drills with 88.5 number of man hours and one meeting with 10-man hours. The total man hours volunteered was 141.25.
Councilwoman Kuncken stated, for the month of August, the Police Department answered 292 calls with the majority being motor vehicle calls. The number of calls is slightly less than average.
Councilwoman Kuncken reported that Virgil Rome, Sussex County Fire Marshal, conducted two inspections regarding alarm and sprinkler certification. His report does not name the locations of his inspections.
Finance & Administration – Councilman Romano/Councilwoman Kuncken
Councilman Romano stated the total amount of taxes collected in August was $2,815,525.50. The year to date collection is $8,957,528.77. We have collected approximately 94% of the third quarter taxes.
Councilman Romano stated the water collections for August totaled $19,219.42 and the year to date total is $362.653.09. The sewer collections for August totaled $29,794.78 and the year to date total is $517,524.92.
Community Development – Councilwoman Zdichocki/Councilman Thornton
(Zoning, Construction, Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization)
Councilwoman Zdichocki stated there were 14 violation notices issued and 11 zoning permits issued. As of August 31, 2018, the Borough collected $47,500 in abandoned property registration fees. In July, six properties registered and in August three additional properties registered. There are 2 complaints still pending which are in court. Councilwoman Zdichocki reported there was a lot of debris removed from the front of the property. Administrator McNeilly will speak with the Code Enforcement Official about the court’s outcome.
Municipal Infrastructure – Councilman Thornton/Councilwoman Zdichocki
(Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds)
Councilman Thornton reported the mill and pave project for Oak Drive, East Drive and Hickory Drive is scheduled for Monday or Tuesday of next week. Administrator McNeilly will notify the school of the project date. Weather conditions will be a factor for the exact date.
Information Technology – Councilmen Riccardi/Romano
Councilman Riccardi reported they are in the middle of the scanning project. He will be coordinating an IT meeting within the next week to discuss all plans for upgrades for the next budget year.
Boards/Commissions – Councilwoman Thistleton/Councilman Riccardi
Councilwoman Thistleton reported Family Fun Day at Musconetcong Park is scheduled for October 21st. The Halloween Parade will be held on October 27th. Councilwoman Thistleton will reach out to the Recreation Commission about the location. The insert in the water/sewer bill mailing said the Fire House; however, it is supposed to be at the Ambulance Squad. Councilwoman Thistleton reminded the governing body that this Friday they will meet at Borough Hall to tie the ribbons throughout the Borough as part of the “Tie A Ribbon Campaign.”
ADMINISTRATOR’S REPORT
Route 183/206 Sidewalk Project – Administrator McNeilly reported the Borough Engineer performed a walk through since we are at about the one-year mark for completeness. He discovered a small sink hole that the contractor needs to address. The sink hole is right where the sewer pipe is, but the sewer pipe is fine. The Borough Engineer will be contacting the contractor.
Oak Drive, East Drive and Hickory Drive – Administrator noted Councilman Thornton’s report on this project, and added the DPW has two trenches to repair tomorrow. Tilcon has given a possible mill and pave date of next Monday and Tuesday. These dates are subject to weather and condition delays of the contractor. As the date firms up this week, signage, notification and school notification will take place.
Musconetcong Avenue Project – The Borough Engineer has sent out RFP’s for the crosswalk ramps and sidewalk repairs. Two out of the four RFP’s were answered. But none of the contractors could perform the work at or below the $17,500 bidding threshold. Some additional work was removed out of the RFP to lower the cost and still they could not get in below the threshold. At this point there are two choices: 1) go out to bid for the work which will take 60+ days and most definitely push the project into 2019, or 2) arrange to have a Qualified Purchasing Agent by way of an Inter-local Agreement who could then sign off on the successful RFP. The resolution would need to be on the October meeting agenda. Administrator McNeilly stated the work is about $25,000-$30,000 and if they go out to bid, in addition to the 60+ days, there will be additional costs and the DOT has a say in the contract. The governing body discussed entering into an Inter-local Agreement for the services of a Qualified Purchasing Agent for this project and to continue to have an Inter-local Agreement moving forward. Since the bid threshold increases to $40,000 with a Qualified Purchasing Agent, it would benefit the Borough to look into a possible agreement. Administrator McNeilly suggested entering an agreement for a Qualified Purchasing Agent at least for now until the end of the year. Mayor Maio polled Council on whether they agree the Administrator should seek out a Qualified Purchasing Agent and if successful, a resolution will be on the October 9th meeting agenda. The following is the results of the poll: Councilman Romano– yes; Councilwoman Thistleton-yes; Councilwoman Kuncken-yes; Councilman Thornton-yes; Councilman Riccardi-yes; Councilwoman Zdichocki-yes.
Frankford Township Bidding Threshold Resolution – Administrator McNeilly noted Frankford Township sent a resolution supporting an increase in the Local Public Contract Law bid threshold.
Seeing this topic listed under Council Discussion, further discussion was deferred to that portion of the meeting.
Family Fun Day – Administrator McNeilly reported Family Fun Day was rescheduled back in July due to the weather. The rescheduled date is October 21st. The Recreation Commission has requested approval to close Musconetcong Avenue for the event. After a brief discussion Council agreed to close the road for Family Fun Day.
COUNCIL DISCUSSION
TAP Grant – Mayor Maio asked the Administrator if there were any updates to the project. Administrator McNeilly stated he spoke to Eric Keller, Borough Engineer and he anticipates receiving the permit within the next week or two. The design is moving along. Administrator McNeilly stated he has confirmed Mr. Keller’s attendance at the next meeting.
Resolution Supporting an Increase in the Local Public Contracts Law and Bid Threshold – Mayor Maio noted Frankford Township sent a resolution requesting an increase in the bid threshold from $17,500 to $50,000. Councilwoman Kuncken stated the bid threshold for a town with a Qualified Purchasing Agent (“QPA”) is $40,000 so it is unrealistic to think and bid threshold would be increased to $50,000 for a town without a QPA. She is in favor of petitioning to have the bid threshold increased, but $50,000 is not practical. Administrator McNeilly stated the bid threshold for schools with a QPA was increased from $36,000 to $40,000 and the bid threshold for schools without a QPA was increased from $26,000 to $29,000. The bid threshold for a town without a Qualified Purchasing Agent has remained at $17,500 for years. The governing body discussed the resolution to have the bid threshold increased and agreed that an increase to $50,000 would not be considered. Administrator McNeilly suggested request the bid threshold be made consistent with the schools, which is $29,000. The governing body discussed the increased bid threshold amount to include in their resolution and agreed the requested amount should be either $29,000 or $30,000.
Mayor Maio polled Council on the resolution requesting a $30,000 bid threshold. The following is the result of the poll: Councilman Romano – yes; Councilwoman Thistleton -yes; Councilwoman Kunken – yes; Councilman Thornton – yes; Councilman Riccardi – yes; Councilwoman Zdichocki – yes. Mayor Maio asked Ms. Leo to prepare a resolution for the next meeting stating a bid threshold of $30,000.
OLD BUSINESS
Mayor Maio offered the following ordinance for Public Hearing and Final Adoption which was read by title.
Ordinance for Public Hearing and Final Adoption
Ordinance 2018-13 AN ORDINANCE TO AMEND CHAPTER 108 OF THE CODE OF THE BOROUGH OF STANHOPE ENTITLED “PEDDLING AND SOLICITING” TO DELETE SECTION 108-15, “NO KNOCK LIST”
WHEREAS, the Borough of Stanhope regulates peddling and soliciting within the Borough by and through Chapter 108 of the Code of the Borough of Stanhope; and
WHEREAS, the Borough adopted Ordinance 2018-12, wherein a new Section 108-15 “No Knock List” was added regarding peddling and soliciting within the Borough; and
WHEREAS, the Borough wishes to now amend Chapter 108, Section 108-15 by deleting the “No Knock List” in its entirety.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey as follows:
SECTION 1. Section 108-15, “No Knock List”, is deleted in its entirety.
SECTION 2. All other provisions of Chapter 108 not amended by this Ordinance shall remain in full force and effect.
SECTION 3. SEVERABILITY
If any provision of this Ordinance or the application of this Ordinance to any person or circumstances is held invalid, the remainder of this Ordinance shall not be affected and shall remain in full force and effect.
SECTION 4. REPEALER
All ordinances or parts of ordinances or resolutions that are inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption and publication in accordance with law.
On motion by Councilwoman Kuncken, seconded by Councilwoman Zdichocki and unanimously carried by the following roll call vote, the foregoing ordinance was adopted.
Mayor Maio opened the meeting to the public for questions or comments on this ordinance only. Seeing no one from the public wishing to speak, Mayor Maio closed the public portion of the meeting.
Roll Call:
Councilwoman Kuncken – yes
Councilwoman Thistleton – yes
Councilman Riccardi – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
On motion by Councilwoman Thistleton, seconded by Councilman Riccardi, and unanimously carried by voice vote, the Mayor and Council instructed the Clerk to post the ordinance and authorized publication of same.
NEW BUSINESS
ORDINANCE
Mayor Maio offered the following ordinance for Introduction and First Reading which was read by title.
Ordinance for Introduction and First Reading [Public Hearing on October 23, 2018]
Ordinance 2018-14 AN ORDINANCE OF THE BOROUGH OF STANHOPE, SUSSEX COUNTY, NEW JERSEY VACATING A PORTION OF YOUNG DRIVE AND MARYANN TERRACE RIGHT-OF-WAY
WHEREAS, there exists in the Borough of Stanhope, Young Drive and Maryann Terrace, with a ten (10) foot right-of-way, shown on the Tax Maps of the Borough of Stanhope as Block 11601, Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 on Young Drive and Block 11601, Lots 25, 26, 27 and 28 on Maryann Terrace, (the “Properties”); and
WHEREAS, the Borough wishes to release and extinguish the public’s rights or whatever ownership rights it has in and to said portions of the existing 10 ft. right-of-way on Young Drive and Maryann Terrace, adjacent to the Properties; and
WHEREAS, the Mayor and Council do hereby determine that the aforementioned portion of right-of-way described above is not necessary for public purposes; and
WHEREAS, Per N.J.S.A. 40:67-1(b), the Borough of Stanhope does expressly reserve and except from vacation all rights and privileges possessed by public utilities, as defined in R.S.48:2-13, and by any cable television company, as defined in the “Cable Television Act,” P.L.1972, c. 186 (C.48:5A-1 et seq.), to maintain, repair and replace their existing facilities in, adjacent to, over or under the right-of-way, Properties, or any part thereof, to be vacated; and
WHEREAS, N.J.S.A. 40:67-19 authorizes the municipality to release and extinguish the public’s rights arising from a dedication of a street or right-of-way.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey, as follows:
SECTION 1.
The rights of the public and the Borough of Stanhope, whatever they may be, in and to the portion of Young Drive, Block 11601, Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 and Maryann Terrace, Block 11601, Lots 25, 26, 27 and 28 are hereby distinguished and vacated, subject to a public utilities and cable television exception, for maintenance, repairs, replacement and existing facilities, if any.
SECTION 2
At least one week prior to the time fixed for the consideration of this Ordinance for final passage, a copy thereof, together with a notice of the introduction thereof, and the time and place when and where the Ordinance will be further considered for final passage, shall be mailed to every person whose land may be affected by this Ordinance, so far as may be ascertained. Said notices shall be mailed by the Borough Clerk in accordance with the provisions of N.J.S.A. 40:49-6.
SECTION 3
The Borough Clerk shall, within sixty (60) days of the effective date of this Ordinance, file a copy of this Ordinance certified by her under the seal of the municipality, to be a true copy thereof, together with proof of publication thereof, in the office of the Clerk of the County of Sussex in accordance with the provisions of N.J.S.A. 40:67-21.
SECTION 4 – SEVERABILITY
If any provision of this Ordinance or the application of this Ordinance to any person or circumstances is held invalid, the remainder of this Ordinance shall not be affected and shall remain in full force and effect.
SECTION 5 – REPEALER
All ordinances or parts of ordinances or resolutions that are inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.
SECTION 6: EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption and publication in accordance with law.
On motion by Councilman Thornton, seconded by Councilman Riccardi and unanimously carried by the following roll call vote, the foregoing ordinance was introduced.
Roll Call:
Councilwoman Kuncken – yes
Councilwoman Thistleton – yes
Councilman Riccardi – 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 Clerk to post the ordinance and authorized publication of same.
Mayor Maio asked if notification will be sent to the homeowners. Administrator McNeilly responded in the affirmative.
RESOLUTIONS
Mayor Maio offered the following resolutions which were read by title:
Resolution 143-18 RESOLUTION APPROVING SUBMITTAL OF GRANT APPLICATION AND EXECUTION OF GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE BOROUGH OF STANHOPE’S 2019 DELL ROAD RESURFACING PROJECT
NOW, THEREFORE, BE IT RESOLVED that the Borough of Stanhope formally approves the grant application for the above stated project.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2019-Dell Road Improvement Project-00304 to the New Jersey Department of Transportation on behalf of the Borough of Stanhope.
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 Councilwoman Kuncken, seconded by Councilman Thornton and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilwoman Kuncken – yes
Councilwoman Thistleton – yes
Councilman Riccardi – 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 144-18 RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES
WHEREAS, the second half of the 2015 Homestead Rebate for the homeowner was applied to his November 1, 2018 tax liability, and the homeowner had already made full payment of his entire Final 2018/Preliminary 2019 taxes, creating an overpayment of taxes.
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, that a warrant be drawn to the homeowner in the designated amount representing an overpayment of taxes, as follows:
Block Lot Qual Name & Address Tax Year Amount
11701 13.18 C921A Michael Issler 2018 $241.24
1921A Stonegate Lane
Stanhope, New Jersey 07874
Resolution 145-18 RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES
WHEREAS, upon the sale of this property in 2016 duplicate payments were received toward the 4th Quarter 2016 taxes, creating an overpayment of taxes on this property; and
WHEREAS, neither the bank, mortgage company, closing attorneys nor previous homeowner has submitted a request for a refund of overpayment since the settlement in October 2016; and
WHEREAS, almost two years have passed and the credit still remains on this account, and the current homeowners’ bank is escrowing and paying the property taxes.
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, that a warrant be drawn to the homeowners in the designated amount representing an overpayment of taxes, as follows:
Homeowner Information:
Block Lot Qual Name & Address Tax Year Amount
10106 10 Nathan & Jennifer Wilson 2016 $3,530.22
8 Woods Avenue
Stanhope, New Jersey 07874
Resolution 146-18 RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES
WHEREAS, upon the sale of this property in 2016 duplicate payments were received toward the 4th Quarter 2016 taxes, creating an overpayment of taxes on this property; and
WHEREAS, neither the bank, mortgage company, closing attorneys nor previous homeowner has submitted a request for a refund of overpayment since the settlement in October 2016; and
WHEREAS, almost two years have passed and the credit still remains on this account, and the current homeowner’s bank is escrowing and paying the property taxes.
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, that a warrant be drawn to the homeowner in the designated amount representing an overpayment of taxes, as follows:
Homeowner Information:
Block Lot Qual Name & Address Tax Year Amount
10212 6 Juan P Morales 2016 $3,825.79
3 Woods Avenue
Stanhope, New Jersey 07874
Resolution 147-18 RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES
WHEREAS, the 2014 Homestead Rebate for the property known as 17325 Aspen Court was applied to the May 1, 2017 property tax liability, and during the same period the property was sold and payment was made by the new homeowner’s bank for the May 1, 2017 property tax, creating an overpayment of taxes; and
WHEREAS, state law dictates that the homestead rebate stays with the property and not with the homeowner, and the current homeowner’s bank is escrowing and paying property taxes for the homeowner.
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, that a warrant be drawn to the current homeowner in the designated amount representing an overpayment of taxes, as follows:
Block Lot Qual Name & Address Tax Year Amount
11501 2 C0325 Nelson R Perez 2017 $295.82
17325 Aspen Court
Stanhope, New Jersey 07874
On motion by Councilman Riccardi, seconded by Councilwoman Thistleton and unanimously carried by the following roll call vote, the foregoing resolutions were duly adopted.
Roll Call:
Councilwoman Kuncken – yes
Councilwoman Thistleton – yes
Councilman Riccardi – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
PAYMENT OF BILLS
Resolution 148-18 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 September 25, 2018 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:
Councilwoman Kuncken – yes
Councilwoman Thistleton – yes
Councilman Riccardi – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – yes
ATTORNEY REPORT
Ms. Leo spoke about the property on Kynor Avenue stating if the lot is conforming it must be offered at public sale. If the lot is not conforming it must be offered to the adjacent property owners prior to being offered for public sale. Administrator McNeilly stated there are three contiguous property owners. The property in question was rezoned and is now in the MR zone, which makes it a conforming lot. The Borough previously offered the lot for sale and did not receive any offers. Ms. Leo suggested asking the Borough’s Tax Assessor to provide the fair market value which will set the price. Administrator McNeilly will speak to the Tax Assessor tomorrow. An ordinance to sell the lot will be on the next meeting agenda for introduction.
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.
Ray Cipollini, 11 Towpath Lane, noted a resolution on the correspondence list from Sussex County Board of Chosen Freeholders in opposition to the legalization of recreational marijuana and asked if it affects Stanhope. Mayor Maio responded it is a resolution from the Freeholders expressing only their opposition. It is a resolution and is not binding on anyone. A resolution is more a statement.
Seeing no one further 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:
1 – Attorney-Client: Social Media and OPRA
3. It is anticipated at this time that the above stated subject matter(s) will be made public at the conclusion of each individual specified subject matter.
4. This resolution shall take effect immediately.
On motion by Councilwoman Kuncken, seconded by Councilman Thornton, and unanimously carried by voice vote, the foregoing resolution was adopted.
The Mayor and Council went into Closed Session at 7:40 P.M.
RETURN TO OPEN SESSION
At the conclusion of the Closed Session, the Mayor and Council reconvened the public meeting at 7:50 P.M. with all present.
ADJOURNMENT
On motion by Councilman Romano, seconded by Councilwoman Zdichocki, and unanimously carried by voice vote the meeting was adjourned at 7:50 P.M.
Approved:
Ellen Horak, RMC
Borough Clerk