MAYOR AND COUNCIL
WORK SESSION AND AGENDA MEETING
July 9, 2019
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 9, 2019 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 10:00 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. 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 – absent
Councilman Romano – present
Councilwoman Zdichocki – present
Mayor Maio – present
Mayor Maio stated there is a special event taking place this evening. In honor of this the Mayor’s Appointment of Police Officer David DiLauri, Jr. was moved forward on the agenda.
RESOLUTION
Mayor’s Appointment
Resolution 112-19 MAYOR’S APPOINTMENT OF DAVID DILAURI, JR. AS POLICE OFFICER WITH COUNCIL CONCURRENCE
Mayor’s appointment of David DiLauri, Jr. as Police Officer with the Stanhope Police Department with Council concurrence.
BE IT RESOLVED by the Council of the Borough of Stanhope that they do hereby concur with the Mayor’s appointment of David DiLauri, Jr. as a Stanhope Police Officer effective July 15, 2019 at the annual base salary for Step 1A as indicated in the agreement between the Borough of Stanhope and PBA Local 138 dated May 23, 2017 and effective January 1, 2017 through December 31, 2020.
On motion by Councilwoman Kuncken, seconded by Councilwoman Zdichocki and unanimously carried by voice vote, the foregoing resolution was duly adopted.
OATH OF OFFICE
Mayor Maio invited David DiLauri, Jr. to come forward. Ellen Horak, Municipal Clerk, administered the Oath of Office to David DiLauri, Jr. as a Stanhope Borough Police Officer. The Mayor and Council congratulated Officer DiLauri and his parents. Mayor Maio thanked the officers who attended this evenings meeting.
ADMINISTRATOR’S REPORT
Family Fun Day – Administrator McNeilly stated approval is needed from the Governing Body to close Musconetcong Avenue on Saturday, July 13th, from 11:30am until 4:30pm, for Family Fun Day.
On motion by Councilman Romano, seconded by Councilwoman Kuncken and unanimously carried by voice vote, approval was granted to close Musconetcong Avenue on Saturday, July 13th from 11:30am until 4:30pm for Family Fun Day.
Mayor Maio stated Police Chief Pittigher contacted her to find out how to contact the Chairperson for the Recreation Commission. Chief Pittigher plans to have two police officers attend Family Fun Day, not to discuss police matters or to be policemen for the day, simply to attend as members of the community and he wanted to know what they could bring. The Mayor and Council were pleased to hear of Chief Pittigher’s plan. Mayor Maio provided the Chief with the Recreation Commission’s contact information.
Young Drive/Maryann Terrace – Administrator McNeilly stated the saddle replacement is ongoing for Young Drive. There are approximately 36 saddles remaining to be replaced. The saddles on Maryann Terrace have been completed. The weather and underground conditions have delayed the project.
Long Term Bonding – Administrator McNeilly stated he, the CFO, Auditor and Bond Counsel have a conference call scheduled for Thursday. The timeline remains the same and is as follows:
Mid July: Determine ordinance amounts and principal amortization schedule
August 6 or 27: Adoption of bond sale resolutions
Mid/Late August: Submit materials to rating agency
September 19: Rating release, post POS, publish notice of sale locally and in The Bond Buyer
October 3: Bond sale
October 18: Closing
October 21: BANS mature and are paid
Musconetcong Avenue ADA Work – Administrator McNeilly stated the Quality Purchasing Agent (QPA) approved the vendor for the Musconetcong Avenue ADA Work. The purchase order will be processed once the vendor’s Business Registration Certificate is received.
Plaster Mill – Administrator McNeilly stated several emails have been sent to the NJDEP representative but no response has been received.
Council iPad’s – Administrator McNeilly stated the iPads for the Governing Body have arrived. The Technology Committee indicated they wish to meet prior to the distribution. Administrator McNeilly asked to be advised when the meeting will take place.
Budget 2020 – Administrator McNeilly stated the schedule for the 2020 Budget is as follows:
July 31st – Send Out Initial Budget & Capital Request Forms
September 4th – All Operating & Capital Requests Due to CFO
September 18th – Prepare Budget Books
Last year’s budget worked out well. Having the deadline for Capital requests makes the process run smoothly. Administrator McNeilly stated he appreciated that the Governing Body held firm to the due date last year.
Route 183 Crosswalk – Administrator McNeilly stated JCP&L has installed the new light fixture at the crosswalk located at Route 183 at the American Legion. Jackie Espinoza, JCP&L, was a great help in getting the light installed. Mayor Maio thanked Ms. Espinoza, who was present in the audience, for her assistance which is greatly appreciated. The new lighting has made a tremendous difference. Councilwoman Zdichocki stated she heard from the members of the American Legion that they are very happy with the new lighting. Administrator McNeilly stated the Borough has done as much as possible. Anything more will need State of NJ approval.
JCP&L (Jackie Espinoza) – Ms. Espinoza thanked the Mayor and Council for their support of the Reliability Test Program/Infrastructure Investment Program. Approximately a year ago Ms. Espinoza asked for the Governing Body’s support. This was to help reduce the averages on the distribution line. The BPU did approve a modified version of the program. A four year plan was requested but the BPU approved a 19 month plan. There will be a lot more trimming in what is called Zone 2. This will be the rest of the three phase line. The goal is to remove all overhanging trees from the circuits which get the tree related outages. There will be more control at the substations and more sophisticated equipment will be added to the circuit. Ms. Espinoza stated JCP&L is in the process of planning an event for the summer in conjunction with the League of Municipalities. The Governing Body thanked Ms. Espinoza for attending tonight’s meeting.
Sidewalk on Linden Avenue at Sal’s Pizza – Mayor Maio stated this evening she saw 4 bicyclists riding on the sidewalk and one of them got caught up in the loose concrete and fell. Administrator McNeilly stated if one of the DPW employees is pulled from the current project, then that project has to stop. Mayor Maio asked if the area can be marked for the time being. Administrator McNeilly stated a cone can be placed at the location. The repair is on the list of items to be addressed.
WORK SESSION
TAP Grant – Administrator McNeilly stated the TAP Grant is in the review process. Eric Keller, Borough Engineer, will provide an update at the next meeting. When the approval is granted the Borough will proceed with the required documentation from our side.
Long Term Bonding (5 year plan) – Administrator McNeilly distributed a new last page for the packet which was previously distributed to the Mayor and Council. At the end of 2017 a project list was compiled. Some of the projects have been completed. There are 5 roadway projects still on the list and the Pedestrian Crossing Flashers. There are also several other water system upgrades/replacements and enhancements along with sanitary system upgrades/replacements and community facilities. The last two pages of the packet list the future projects and the general capital requests. The total cost is approximately $4,019,000. Mayor Maio stated going forward the cost of materials could increase the cost of the projects by 10% to 15% according to the Borough Engineer. Mayor Maio stated the upgrade/expansion of the municipal building is not included. Administrator McNeilly stated he will expand upon that at the next meeting. Mayor Maio asked the Governing Body to review the list to determine if anything needs to be added or deleted. Councilwoman Kuncken stated when the list was compiled it was determined this would carry through until approximately 2023. What will happen with the bonding if a new project needs to be done in the future which is not on the list? Administrator McNeilly stated the list does not include any vehicles. This list has to be added to the existing short term bonding to take advantage of a lower interest rate and hold it there for 15 years. As other items come up such as vehicles, they will go to bond anticipation notes. Administrator McNeilly has a meeting scheduled for Thursday to determine how all of this translates over time. Additional information will then be presented to the Governing Body at the next meeting. The maturity date is October 21st and the sale needs to take place October 3rd to have the closing in time. Administrator McNeilly stated if there are any questions or concerns, contact him. Councilwoman Kuncken stated the list will need to be prioritized. Councilman Romano stated the focus now is to find an aggregate number the Borough is comfortable with and an interest rate. Administrator McNeilly stated after determining the impact of the actual figures the list may need to be reevaluated. The Auditors have stated the Borough is in a good position to take advantage of the long term bonding. The Borough does have to obtain a rating which is a $50,000 prospect. Mayor Maio asked the Borough Clerk to add this topic to Council Discussion for the next scheduled meeting.
NEW BUSINESS
ORDINANCES
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 July 23, 2019]
Ordinance 2019-12 AN ORDINANCE TO REVISE SECTION 82-2.H AND SECTIONS 108-3, 108-4 AND 108-5 OF THE CODE OF THE BOROUGH OF STANHOPE, REGARDING THE PROCESSING AND COST OF PEDDLING AND SOLICITING LICENSES
WHEREAS, the Borough of Stanhope’s Peddling and Solicitation Ordinance and License Fees, specifically Section 108-4 and Section 82-2.H of the Borough Code, have been challenged regarding the time for processing applications and required fees; and
WHEREAS, the Mayor and Council have considered the Borough Code and have determined that revisions are appropriate to the existing Peddling and Soliciting Ordinance and License Fees.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey as follows:
SECTION 1. Section 82-2.H shall be deleted in its entirety and replaced as follows:
H. Peddling and Soliciting, Chapter 108
- License Fee $50.00
SECTION 2. Section 108-3 shall be revised by deletion of the first paragraph in its entirety and replaced as follows:
108-3 Application for License
All applicants shall file with the Borough Clerk a sworn written application, in duplicate, on a form to be furnished by said Clerk, which shall give the following information:
A. …..
SECTION 3. Section 108-4.A shall be deleted in its entirety and replaced as follows:
- The Borough Clerk shall process and make a determination as to whether a license shall be issued or denied, within seven (7) business days of submission of a complete application. The Clerk shall confer with the Chief of Police, who shall investigate the applicant’s business and moral character, for the protection of the public welfare.
SECTION 4. Section 108-5 shall be deleted in its entirety and replaced as follows:
The fee for a peddling and soliciting license shall be as provided for in Chapter 82, “Fees”, for every yearly license. All yearly licenses shall expire at the end of the calendar year in which they are issued.
SECTION 5. All other provisions of Chapters 82 and 108 not amended by this Ordinance, shall remain in full force and effect.
SECTION 6. 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 7. 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 8. EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption and publication in accordance with law.
On motion by Councilman Romano, seconded by Councilwoman Kuncken 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 – absent
Councilman Romano – yes Councilwoman Zdichocki – yes
On motion by Councilman Romano, seconded by Councilwoman Zdichocki, and unanimously carried by voice vote, the Mayor and Council instructed the Clerk to post the ordinance and authorized publication of same.
RESOLUTIONS
Resolution 111-19 RESOLUTION APPROVING SUBMITTAL OF GRANT APPLICATION AND EXECUTION OF GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE BOROUGH OF STANHOPE’S 2020 KELLY PLACE, WATERLOO ROAD AND FURNACE STREET 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-2020-Borough Roadway-Preservation Project-00292 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 Zdichocki, seconded by Councilman Riccardi 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 – absent
Councilman Romano – yes Councilwoman Zdichocki – yes
Mayor’s Appointment
Resolution 113-19 Resolution Approving The Mayor’s Appointment Of Juan P. Morales, As A Member Of The Stanhope Fire Department
Mayor’s appointment of Juan P. Morales, as a member of the Stanhope Fire Department.
BE IT RESOLVED by the Council of the Borough of Stanhope that they do hereby concur with the Mayor’s appointment of Juan P. Morales, as a Member of the Stanhope Fire Department effective immediately.
On motion by Councilwoman Kuncken, seconded by Councilwoman Zdichocki and unanimously carried by voice vote, the foregoing resolution was duly adopted.
PAYMENT OF BILLS
Resolution 114-19 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 July 9, 2019 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 – absent
Councilman Romano – yes Councilwoman Zdichocki – yes
AGENDA ITEMS
All items listed on the Agenda for July 23, 2019 were approved.
CITIZEN’S 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.
Mark Forder, 23 Dell Road, stated he is here this evening with his neighbor to discuss issues they are having with water on Dell Road running behind the homes. There is more water than there has been in the past few years. Mr. Forder does realize there has been more rain contributing to the issue but it is not normal. Mr. Forder has lived here 28 years. When Sagamore Woods was built a problem with water runoff from that neighborhood was a problem. During the last storm, not yesterday’s, there was four inches of water on the patio which came into the house and warped the floors, the laundry room and crawl space get water as well. Drainage grids were installed out back when the condominiums were built but they are not able to handle all the water which is there now. Mr. Forder described how the water runs through his property and the neighbor’s property located at 25 Dell Road. Mr. Forder and his neighbor each have a video of the water issue. The condominium association is supposed to maintain their drainage system. The system is completely clogged which may be causing an overflow. The pipe system which transfers the water from the condominiums to the stream below near Route 183 may have a break in it. Mr. Forder stated he has received an estimate of approximately $12,000 to fix the problem which in his opinion he should not have to fix. Mr. Forder stated when Councilwoman Kuncken was Mayor water issues existed and she had visited the property with Administrator McNeilly. The problem now is much worse, it is costing him a lot of money and something has to be done.
Mayor Maio asked Administrator McNeilly if he is aware of an agreement with the condominium association. Administrator McNeilly stated the condominium association maintains the metal grate on the top where it goes into the headwall. It is truly an overflow. If the pipe is blocked it is on the condominium association’s property. In 2011, which was the last really wet year we have had, there were problems everywhere. Administrator McNeilly described the past issues with water runoff in the area and what was done to correct the issue. The storm that occurred the other day was epic. It was not a casual storm. A situation or structure does not exist that can contain that type of a storm. There were many issues that occurred during this last storm where water was jumping the curbs. Administrator McNeilly stated the Borough Engineer could perform an engineering inspection on the length of the pipe coming down to make sure the creek is contained in the pipe. Mayor Maio stated she is of the opinion Eric Keller, Borough Engineer, should do an inspection of the area. Administrator McNeilly stated there are conservation easements to allow water specifically to sheet. Administrator McNeilly asked Mr. Forder if he is seeing a tremendous amount of water running down the hill. Mr. Forder stated he is seeing an area in the back where the water is bubbling up and it is running down. There is a pooling of water there. More ruts have been noticed and water is coming from the Barry’s yard. It is unknown if the pipe located there is clogged or if it just is not capable of handling all the water. Administrator McNeilly stated just like in 2011 when Mr. Griffith’s stated the water was blowing out of the rock, this all sounds familiar. All the road water and leaders go to the road and into the detention basin, then visits that cascading rock area behind Mr. Forder’s house. This area will have to be inspected as well. Administrator McNeilly stated there is an issue with a similar problem on Sagamore Road. There is a house which has a pipe running out to the street. Mother Nature has decided to move the ground water under two houses there and one of the sump pumps is running constantly. Mr. Forder stated there is also a house on Dell Road where the ice builds up. Mayor Maio stated she is on the other side of the development and Councilwoman Kuncken stated there is an easement behind her house and both of them have noticed an increase in the amount of water. Mr. Forder stated between his house at #23 and the Mullen’s house #25, there is a basin which catches water on their property and drops it into the storm drain. In the storm drain there is pipe that comes from #25 and another pipe that runs to the center of the road to what looks like a manhole cover. Mr. Forder is of the opinion that this leads to the manhole located in his neighbor’s backyard.
Brooks Stansfield, 22 Dell Road, has lived in Stanhope for 10 years. There is a lot of water there and the yard is just mud. Mr. Forder stated the video shows a stream running through the backyard when it rains. Mayor Maio asked Mr. Forder and Mr. Stansfield to send their videos to the Administrator for the Borough Engineer to review. Mr. Forder stated he will send the videos and he will include Mayor Maio on the email. Mr. Stansfield stated his sidewalk has sunk and three of the blocks are cracked. The backyard is eroding and looks like a riverbed. What used to be all grass is just dirt.
The Governing Body thanked both gentlemen for attending tonight’s meeting and bringing this issue to their attention.
Paula French, 27 New Street, asked if the resurfacing work to be done on Kelly Place is part of the bridge project. Mayor Maio stated the bridge is a County project with Morris County as the lead agency. The County will be going out to bid soon for the bridge project but this has nothing to do with the Borough’s project. Administrator McNeilly stated the catch basins will be fixed and the road will be milled and paved. If the Borough is awarded the grant, the work would be done approximately two years from now.
Ray Cipollini, 11 Towpath Lane, asked if the increased truck traffic will affect the lifespan of the resurfacing project for the areas listed on Resolution 111-19. Mayor Maio stated the road is designated as a 4 ton limit; however, trucks are permitted when making local deliveries. Administrator McNeilly stated the project will be a shade under a two inch mill and pave. The level of traffic flow on Kelly Place is substantial and when the bridge is replaced the tonnage will be increased to 60 ton. Some discussion took place regarding the truck traffic. Administrator McNeilly stated the Borough is applying for grants for the arterial roads in order to repair them before they are disastrous. If the grants are awarded it takes two years to obtain the funds to do the projects. A classic example of this is the project on Sparta Road and the one on Musconetcong Avenue. Dell Road will be done next year. Main Street was done a few years ago and is in good shape. The next arterial roads are Kelly Place, Furnace Street and Waterloo Road. These roads have the highest degree of probability to be awarded through the Local Aid Grant due to the high traffic count. Mr. Cipollini stated his concern was whether something different should be done due to the amount of truck traffic.
Michael Bender, 74 Brooklyn Road, stated, in regard to the drainage issues discussed this evening; Sagamore Woods has a retention basin capability that was far beyond the 100 year storm protection which is in the present ordinance. Mr. Bender stated the Borough may want to consider changing that to a 200 year capability for future developments in the Borough. The water coming down Dell Road has been there for his entire life. It is a wet spongy hill. Mr. Bender stated he has heard rumors about a development being built on the grammar school property. All that water comes down through the Highpoint Condominiums and right down Dell Road. The Borough may want to consider going to a 200 or 250 year storm water protection level in the ordinance.
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 – Personnel
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 Romano, seconded by Councilwoman Kuncken, and unanimously carried by voice vote, the foregoing resolution was adopted.
The Mayor and Council went into Closed Session at 7:50 P.M.
RETURN TO OPEN SESSION
At the conclusion of the Closed Session, the Mayor and Council reconvened the public meeting at 8:15 P.M. with all present.
COUNCIL DISCUSSION
Administrator McNeilly stated there will be an Early Closed Session Meeting for Potential Litigation on July 23rd at 6:00PM. Councilman Thornton will be notified.
ADJOURNMENT
On motion by Councilman Romano, seconded by Councilman Riccardi, and unanimously carried by voice vote the meeting was adjourned at 8:17 P.M.
Approved: Linda Chirip
Deputy Clerk for
Ellen Horak, RMC
Borough Clerk