MAYOR AND COUNCIL
REGULAR MEETING

December 11, 2018
7:00 P.M.

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:

November 27, 2018 Business Meeting & Closed Session

On motion by Councilman Romano, seconded by Councilwoman Zdichocki and carried by unanimous 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

On motion by Councilwoman Kuncken, seconded by Councilman Romano and unanimously carried by voice vote, the Council Committee Reports were waived.

Public Safety – Councilwomen Kuncken/Thistleton
(Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management)

Finance & Administration – Councilman Romano/Councilwoman Kuncken

Community Development – Councilwoman Zdichocki/Councilman Thornton
(Zoning, Construction, Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization)

Municipal Infrastructure – Councilman Thornton/Councilwoman Zdichocki
(Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds)

Information Technology – Councilmen Riccardi/Romano

Boards/Commissions – Councilwoman Thistleton/Councilman Riccardi

ADMINISTRATOR’S REPORT

Administrator McNeilly had no report.

COUNCIL DISCUSSION

TAP Grant – Mayor Maio noted there are no updates on the grant. Councilman Romano asked if they are on schedule for the TAP grant. Administrator McNeilly responded in the affirmative, adding that with respect to the timeframe, they are in great condition.

2019 Reorganization Meeting – Mayor Maio noted the Reorganization Meeting packet was distributed. The Reorganization Meeting is scheduled for January 8, 2019 at 7:00 p.m. at the American Legion.

OLD BUSINESS

ORDINANCE

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 2018-15 AN ORDINANCE AUTHORIZING THE PUBLIC SALE OF REAL PROPERTY TO CONTIGUOUS PROPERTY OWNERS IN THE BOROUGH OF STANHOPE PURSUANT TO N.J.S.A. 40A:12-13(b)(5)

WHEREAS, the Borough of Stanhope is the owner of the property located at Block 10314, Lot 4, 3 Kynor Avenue, Stanhope, New Jersey, which land is not needed or required for municipal use; and

WHEREAS, the lot is less than the minimum size required for development under the municipal ordinance and is without capital improvements; and

WHEREAS, the Borough Council deems it in the best interest of the Borough of Stanhope to sell the property to owners of contiguous property in accordance with the provisions of N.J.S.A. 40A:12-13(b)(5) and N.J.S.A. 40A:12-13.2; and

WHEREAS, the sale price required by the Borough is fair market value as established by the Tax Assessor and is fair and just taking into consideration all factors.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey, as follows:

The Borough of Stanhope shall sell, pursuant to the provisions of N.J.S.A. 40A:12-13(b)(5) and N.J.S.A. 40A:12-13.2, the lot to contiguous property owners for an amount not less than $7,500.00, subject to higher bids from other contiguous property owners. Pursuant to the provisions of the statutes, the conveyances shall be to an owner of adjoining property as the property to be sold is less than the minimum size required for development under the municipal zoning ordinance and is without any capital improvement and shall be merged with the purchaser’s contiguous lot.
Upon final passage of this Ordinance, the sale shall take place at the Stanhope Borough Municipal Building, 77 Main Street, Stanhope, New Jersey, subject to receiving no higher bid for said parcels, after offering same to the highest bidder, at said time and place.
A copy of this Ordinance shall be posted on the bulletin board or other conspicuous place in the Borough Municipal Building. Notice of adoption of this Ordinance shall be made in the Official Township newspaper within five (5) days following the enactment of the Ordinance. Offers in writing for the property may be made to the Township Clerk for a period of twenty (20) days following the advertisement at not less than the minimum price by any adjoining property owners. In the event there are one or more offers for the same price, the property shall be auctioned amongst the contiguous property owners on a subsequent date.
The property shall be sold subject to the following terms and conditions.
The property is sold “as is”. No representations of any kind are made by the Borough as to the conditions of the property, and the descriptions of the property are intended as a general guide only and may not be accurate.
The sale shall be made after legal advertisement of this Ordinance to the highest bidder who is the owner of a contiguous property, which property shall merge with the property being sold, and become part of the contiguous property owned by the successful bidder.
The Borough does not warrant or certify title to the property and in no event shall the Borough of Stanhope be liable for any damages to the purchaser-successful bidder if title is found unmarketable for any reason and the purchaser-successful bidder waives any and all right in damages or by way of liens against the Borough. The sole remedy being the right to receive a refund prior to closing of the deposit paid in the event title is found unmarketable. It shall be the obligation of the successful purchaser to examine title to said premises prior to the closing. In the event of closing and a later finding of defect of title, the Borough shall not be responsible for same, shall not be required to refund money or correct any defect in title or be held liable for damages.
Acceptance of the highest bid shall constitute a binding agreement of sale and the purchaser shall be deemed to agree to comply with the terms and conditions of the sale herein contained.
The purchaser will be required to pay upon the close of bidding ten percent (10%) of the bid, in cash or check; said payment shall be returned to the purchaser without interest, if the title to said property is legally determined to be unmarketable, providing claim is made therefor within ninety (90) days after the sale.
A Quitclaim Deed without covenants will be delivered at the office of the Borough Clerk on or before sixty (60) days after the date of the sale, at which time and place the balance of the purchase price shall be required to be paid in cash or certified check. The Mayor and Clerk are hereby authorized to execute said Quitclaim Deed.
The Deed will be subject to all matters of record, which may affect title herein, what an accurate survey may reveal, the Ordinances of the Borough of Stanhope and reserving an easement for all natural or constructed drainage systems, waterways, water and sewer easements, if any, on the premises and the continued right of maintenance and flow thereof.
The purchaser shall also pay to the Borough of Stanhope the cost of preparation of this Ordinance and the Deed, plus all charges of sale, including the cost of advertisement, the notice of public sale and cost of recording the Deed with the County Clerk’s Office and all other instruments necessary or required by law at the time of the sale.
The property will be sold subject to 2018 taxes, prorated from the date of sale.
The Governing Body does hereby reserve the right to withdraw this offer to sell, or upon completion of the bidding to accept or reject any or all bids for said property or to waive any informality in relation thereto.
All bidders currently owing property within the Township must have their taxes, as well as sewer and water charges, if applicable, paid to date in order to be a qualified bidder. In the event the bidder’s taxes or sewer or water charges are delinquent, the bidder shall be deemed unqualified and such bid shall be rejected.
This same is made subject to all applicable laws, statutes, regulations and ordinances of the United States, State of New Jersey and Borough of Stanhope.
No employee, agent or officer of the Borough of Stanhope has any authority to waive, modify or amend any of the conditions of sale.
The purchaser must abide by appropriate zoning, subdivision, health and building regulations and code, and agrees that this sale will not be used as ground to support any variance from or realization of the regulations.
The failure of the purchaser to close on title within the time provided for in Subsection 5(f) of this Ordinance shall constitute a breach of this Agreement unless the Borough agrees in writing prior to that date to extend the time of the closing. In the event the purchaser fails to close within the dates provided for in Subsection 5(f) or such date as may be extended by the Borough, the deposit paid by the purchaser shall be retained by the Borough as liquidated damages. The municipality is entitled to retain the purchaser’s deposit to the extent of any expenses and/or losses it incurs including but not limited to advertising costs, attorney’s fees, lost tax revenues from the date of the required closing as well as additional cost of resale and the difference in the sales price, to the extent the property is sold for a lower price and any subsequent sale. The only exception to this section is in the event that the purchaser fails to close as a result of the title being unmarketable, in which case the Purchaser shall be entitled to a refund of their deposit as provided for in Subsection 5(c) of this Ordinance.
The purchase shall not be used for any County, Board of Taxation, Tax Court of New Jersey, or in any Courts of the State as grounds to support a challenge of the existing assessments with regard to other properties.
The sale shall be subject to final approval by the Borough Council.
The deeded conveyance shall contain a restriction that there shall be no subdivision of the merged lot or lots created by this sale and no structure or improvements shall be built on or under such property. The successful bidder shall provide a copy of their existing property Deed to the Municipal Attorney within seven (7) days of their being notified that they are the successful bidder of the sale.
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.
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.
Effective Date. This Ordinance shall take effect immediately upon adoption and publication in accordance with law.

On motion by Councilwoman Kuncken, seconded by Councilman Thornton and unanimously carried by the following roll call vote, the foregoing ordinance was adopted.

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 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

RESOLUTIONS

Mayor Maio offered the following resolutions which were read by title:

Resolution 173-18 RESOLUTION SUPPORTING A SITE-SPECIFIC PLAN AMENDMENT TO THE MUSCONETCONG SEWERAGE AUTHORITY SEWER AGREEMENT

WHEREAS, Old Sparta Road Acquisition LLC is considering development of an approximate 36 acre parcel of land along Old Sparta Road in Stanhope Borough, Block 11802, Lot 1 (the “Property”); and

WHEREAS, the Property was previously in the sewer service area of the Musconetcong Sewerage Authority and Old Sparta Road Acquisition LLC is pursuing a site-specific plan amendment of the Sussex County Water Quality Management Plan, to request the Property be re-instated in the sewer service area; and

WHEREAS, the Borough supports Old Sparta Road Acquisition LLC’s application for the site-specific plan amendment and the proposed development in general; and

WHEREAS, the Borough’s sewage allocation will allow for Old Sparta Road Acquisition LLC’s proposed development of between 45,000-80,000 gallons per day for the Property and sufficient capacity exists for the proposed development and allocation;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey that the Borough of Stanhope is generally in support of Old Sparta Road Acquisition LLC’s development and application for a site-specific plan amendment to the Sussex County Water Quality Management Plan.

On motion by Councilman Thornton, seconded by Councilwoman Thistleton 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

Resolution 174-18 A RESOLUTION BY THE BOROUGH OF STANHOPE AUTHORIZING THE CONDITIONAL OFFER OF EMPLOYMENT IN THE STANHOPE BOROUGH POLICE DEPARTMENT

WHEREAS, the Borough is seeking to issue a conditional offer of employment for a new Police Officer; and

WHEREAS, one candidate, Raffaele Peluso, will be presented with a Conditional Offer of Employment; and

WHEREAS, Mr. Peluso has been found to meet the minimum initial requirements for the position of Police Officer, but must meet other additional requirements before the offer becomes final; and

WHEREAS, a psychological evaluation is one of the additional requirements that needs to be completed for Mr. Peluso; and

WHEREAS, Mr. Peluso must adhere to all of the conditions of the Conditional Offer of Employment; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey as follows:

Raffaele Peluso is hereby conditionally offered a position of Police Officer effective December 12, 2018.

On motion by Councilwoman Kuncken, seconded by Councilman Romano 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

Mayor Maio stated she and the Administrator met with the candidate, Raffaele Peluso and found him to be a very nice, mature young man. He will be sent for the psycological and fitness evaluation and if all is good, he will go to the Academy in January.

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 175-18 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING THE ISSUANCE OF A TAXICAB LICENSE TO STAR LIMO SERVICE LLC

WHEREAS, Chapter 126 of the Stanhope Code of Ordinances requires that anyone operating a taxicab service within the Borough must obtain a license for same; and

WHEREAS, Star Limo Service LLC, operating at 122 Route 183, Stanhope have applied to the Borough Clerk for a taxicab license and have complied with all the provisions of Chapter 126; and

WHEREAS, the following vehicles are to be operated by Nelson Zuniga and Denise Zuniga within the Borough of Stanhope:

Vehicle #1 – 2005 Toyota Sienna, VIN # 5TDZA23C75S339980; and

Vehicle #2 – 2000 Honda Odyssey Wagon, VIN # 2HKRL1862YH607545; and

WHEREAS, the Municipal Clerk and the Zoning Officer have reviewed said application and recommend approval; and

WHEREAS, said approval is contingent upon receipt by the Borough Clerk of proof of required insurance and payment of all fees;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey, that the Borough Clerk is hereby authorized to issue, for the year 2019, said taxicab license to operate expiring at midnight December 31, 2019.

Resolution 176-18 RESOLUTION AUTHORIZING CANCELLATION OF MUNICIPAL CERTIFICATE OF SALE

WHEREAS, Certificate of Sale #2018-008 was issued to Stanhope Borough, 77 Main Street, Stanhope, New Jersey 07874 for delinquent 2017 taxes and/or utility charges on Block 11006, Lot 2, located at 20 Ridge Rd, assessed to H U D at a tax sale held on October 16, 2018; and,

WHEREAS, the certificate was redeemed on December 3, 2018 by paying the full amount of the delinquency.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of the Borough of Stanhope are hereby authorized to endorse Certificate of Sale #2018-008 for cancellation.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Borough Chief Financial Officer/Tax Collector.

Resolution 177-18 RESOLUTION AUTHORIZING CANCELLATION OF MUNICIPAL CERTIFICATE OF SALE

WHEREAS, Certificate of Sale #2018-012 was issued to Stanhope Borough, 77 Main Street, Stanhope, New Jersey 07874 for delinquent 2017 taxes and/or utility charges on Block 11102, Lot 7, located at 9 Linden Avenue, assessed to Rebeccah Davies at a tax sale held on October 16, 2018; and,

WHEREAS, the certificate was redeemed on December 3, 2018 by paying the full amount of the delinquency.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of the Borough of Stanhope are hereby authorized to endorse Certificate of Sale #2018-012 for cancellation.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Borough Chief Financial Officer/Tax Collector.

Resolution 178-18 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. 2017-010, representing property taxes and/or utility charges on Block 11304, Lot 14, known as 99 Main Street, assessed to Zachary T Mannon, 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: Stuart Lasher
P.O. Box 83
Milltown, NJ 08850

Redemption Amount: Tax Title Lien #2017-010 and

Interest to Date of Meeting $ 2,342.90

Premium Paid by Lienholder 0.00

Total From Current Fund: $ 2,342.90

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.

Resolution 179-18 RESOLUTION AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIEN HOLDER

WHEREAS, the certificate was redeemed on December 3, 2018 by paying the full amount of the delinquency.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Municipal Clerk of the Borough of Stanhope are hereby authorized to endorse Certificate of Sale #2018-008 for cancellation.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Borough Chief Financial Officer/Tax Collector.

Resolution 180-18 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. 2018-009, representing property taxes and/or utility charges on Block 11007, Lot 9.01, known as 51 Linden Avenue, assessed to Carmen & Caryn Fortunato, 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: Stuart Lasher
P.O. Box 83
Milltown, NJ 08850

Redemption Amount: Tax Title Lien #2018-009 and

Interest to Date of Meeting $ 1,462.64

Premium Paid by Lienholder 0.00

Total From Current Fund: $ 1,462.64

Total From Tax Premium Account 0.00

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Borough Chief Financial Officer/Tax Collector.

Resolution 181-18 RESOLUTION TO REFUND OVERPAYMENT OF TAXES

FOR 100% DISABLED VETERAN

WHEREAS, the homeowner was approved to receive the property tax exemption of a totally disabled veteran as of the date of application, November 27, 2018, and is therefore exempt from property taxes from that date forward; and

WHEREAS, the total amount due in 2018 was $10,039.83, less the Veteran’s deduction of $250.00 for a net liability of $9,789.83; and

WHEREAS, the total liability is now pro-rated for 330 days from January 1, 2018 to November 26, 2018, or a total payable of $8,851.08; and

WHEREAS, the property owner has in good faith paid the four quarters of 2018 property taxes in the amount of $9,789.83, creating an overpayment of $938.75 in taxes on this property; and

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 over payment of taxes, as follows:

Homeowner Information:

Block Lot Name & Address Tax Year Amount
10105 15 Angel & Rosa Torres 2018 $938.75
59 Sparta Road
Stanhope, NJ 07874

On motion by Councilman Riccardi, seconded by Councilman Romano 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

PAYMENT OF BILLS

Resolution 182-18 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 December 11, 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

Attorney Ursula Leo had no Attorney Report.

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:

1 – Contract (Professional Service)

1 – Litigation

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 7:08 P.M.

RETURN TO OPEN SESSION

At the conclusion of the Closed Session, the Mayor and Council reconvened the public meeting at 7:20 P.M. with all present, except Ms. Leo, who left during Closed Session.

ADJOURNMENT

On motion by Councilman Romano, seconded by Councilman Thornton, and unanimously carried by voice vote the meeting was adjourned at 7:20 P.M.

Approved:
Ellen Horak, RMC
Borough Clerk

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