MAYOR AND COUNCIL
July 23, 2019
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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.
Furthermore, notice of the meeting time change was sent to the New Jersey Herald and Daily Record on July 11, 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.
Councilwoman Kuncken – present
Councilwoman Thistleton – absent
Councilman Riccardi – present
Councilman Thornton – present
Councilman Romano – absent
Councilwoman Zdichocki – present
Mayor Maio – present
Mayor Maio congratulated Ursula Leo, Borough Attorney, on her new position as President of the Sussex County Bar Association. The Governing Body congratulated Attorney Leo.
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 existing;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey, as follows:
- The public shall be excluded from discussion of and action upon the hereinafter specified subject matter(s).
- The general nature of the subject matter(s) to be discussed is as follows:
1 Potential Litigation – Zone Change
- 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.
- This resolution shall take effect immediately.
On motion by Councilwoman Kuncken, seconded by Councilman Riccardi, and unanimously carried by voice vote, the foregoing resolution was adopted.
The Mayor and Council went into Closed Session at 6:02 P.M.
RETURN TO OPEN SESSION:
At the conclusion of the Closed Session, the Mayor and Council reconvened the public meeting at 7:03 P.M. with all 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.
Lorraine Alexis, 7 Bell Street, asked for permission to have a moving POD placed on the street in front of her home for no more than three days. The POD will be shorter than a pickup truck and only six inches wider. Mayor Maio stated the Borough does not have an ordinance addressing this use. Administrator McNeilly stated he received this request earlier and has contacted the Police Chief, Fire Chief, the DPW and the Ambulance Squad asking if they have any concerns with the POD being placed in the roadway. No comments or concerns have been brought forth. The Governing Body granted permission for Ms. Alexis to rent the POD. Mayor Maio stated the Borough is sorry to see her leave and wished her good luck.
John Rogalo, 4003 Waterloo Road, stated he has been a resident of the Borough for the past 35 years. Mr. Rogalo stated the attorney on the Municipal Land Use Board has pointed out to the members that the Land Use Law states “The intent and purpose of this act is to encourage municipal action to guide the appropriate use or development of all lands in the state in a manner which will promote public health, safety, morals and general welfare.” Mr. Rogalo stated, based on this statement, he would like to go on record stating he is strongly opposed to the changes currently being considered by the Governing Body to the Municipal Land Use Zoning Ordinances 2019-10 and 2019-11. Mr. Rogalo stated he does not believe they are in standing with the character of Stanhope. Mr. Rogalo stated he has not met one citizen who is in favor of this change. Currently the most densely developed area is the condominiums. There are 9 units per acre. The proposed ordinance changes are stating 65 and 35 units per acre. Mr. Rogalo stated this is not appropriate for Stanhope, the citizens, the taxpayers and voters of Stanhope. Mayor Maio thanked Mr. Rogalo for his time.
Debbie Rogalo, 4003 Waterloo Road, stated she is strongly opposed to the proposed ordinances 2019-10 and 2019-11. The ordinances would permit a high density development which is inconsistent with the character and land use in Stanhope. This would change the character of the community and the atmosphere with which we live in. Mrs. Rogalo stated she strongly encourages the Governing Body to think about this and to vote, no.
Andrea Trapper, 29 New Street, stated she has been a resident for over 45 years and she too opposes the zoning changes proposed in the ordinances.
Anne Marie Bias, 14 James Street, stated she is not in favor of any zoning changes and does not want any more building to take place within the Borough.
Jeanne Montemarano, 35 Dell Road, stated she has lived in Stanhope for 29 years and she opposes the zoning changes. Ms. Montemarano stated she cannot anticipate having half that many new people added to the town and how it will change the nature of the town our schools and the whole infrastructure. Ms. Montemarano stated she has worked for municipal government for 30 years and understands how frustrating it might be to see all these people opposed to this. The reason this happens is because we have elected the officials and we trust you to do what is best for us. Ms. Montemarano asked the Governing body to please take their concerns into consideration. A little bit of growth has to happen but this seems out of character.
Mayor Maio stated the first thing to be addressed at the public hearing meeting scheduled for August 27th will be to correct the inaccuracies, the rumors and the misinformation regarding a project that does not exist. Mayor Maio thanked everyone for attending tonight’s meeting and asked them all to attend the meeting on August 27th. Ms. Montemarano stated as a citizen, and as a person, she is of the opinion the Governing Body should get out in front of the inaccuracies and stop them now in order to prevent a crazy meeting. The rumor mill is being let go and it is getting worse. Mayor Maio stated the Borough is acting on the advice of the Borough Attorney. Ms. Montemarano stated in her opinion that is poor advice.
Paula French, 27 New Street, stated she has lived in the Borough for 68 years. Mrs. French stated if there is nothing to this, why did she receive a certified letter stating something is going to be happening or something is anticipated. Mayor Maio stated the law requires all property owners within 200 feet of the proposed zone change must be notified by certified letter. The process requires the ordinance to be introduced and a public hearing held. The public hearing is scheduled for August 27th. Mrs. French stated she is totally and vehemently against the proposed zoning changes.
Rich Bias, 14 James Street, stated he has lived in the Borough since 1988, 29 years. Mr. Bias is opposed to any zoning changes which will drastically change the environment and the community that he and his wife chose to move into.
Victoria French Davenport, 27 New Street, stated she has lived in the Borough for 29 years and is of the opinion that any changes will extremely impact her and her children. Ms. French Davenport wants the best for her children and is concerned about the increased traffic if condominiums are built and what type of residents would be residing in the units if they are low income. Ms. French Davenport stated she is strongly against any zoning changes.
Seeing no one further 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:
June 11, 2019 Work Session and Agenda Meeting & Closed Session
June 25, 2019 Business Meeting
On motion by Councilwoman Kuncken, seconded by Councilwoman Zdichocki and carried by voice vote, the above listed minutes were approved.
CORRESPONDENCE (List Attached)
On motion by Councilman Thornton, seconded by Councilman Riccardi 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 the Fire Department for the month of May reported 11 calls answered, 113 man hours, 1 mutual aid call, 2 drills totaling 56 man hours and 3 special details. The total number of man hours volunteered was 281 hours. Councilwoman Kuncken stated for the month of June the Fire Department reported 5 calls answered, 33 man hours, 1 mutual aid, 3 drills totaling 78 man hours and 1 meeting with a total of 8 man hours. The total number of man hours volunteered was 219.25 hours.
Councilwoman Kuncken stated the County Fire Inspector for the month of June conducted routine inspections at Sal’s Pizzeria and Ted’s Liquor Store.
Councilwoman Kuncken stated the Police Department had 298 calls for the month of June. The largest number of calls were motor vehicle stops which totaled 96.
Councilwoman Kuncken stated the Ambulance Squad has new software to record their activity data. The reports have been delayed due to the change over to the new system. The Ambulance Squad for the month of April reported 21 calls in Stanhope, 30 calls in Netcong and 2 stand-by calls for a total of 53 calls answered. There was one out of town call to Hopatcong. There were 36 patients and 32 trips to the hospital. They travelled 938 miles and had 132 hours and 42 minutes of volunteer hours. Councilwoman Kuncken stated the Ambulance Squad for the month of May reported 33 calls in Stanhope and 28 calls in Netcong for a total of 61 calls. There was 1 out of town call to Byram, 2 to Hopatcong and 1 to Mt. Olive for a total of 4. There were 56 patients with 43 trips to the hospital. They travelled 1,280 miles and had 269 hours and 13 minutes of volunteer hours. There was 1 assist from the Netcong Fire Department.
Finance & Administration – Councilman Romano/Councilwoman Kuncken
Councilwoman Kuncken stated, in Councilman Romano’s absence, there was a finance meeting held on June 27th with the Fire Department. It was a very productive meeting. Outstanding financial items were discussed. The Fire Department received an estimate, as was requested by the governing body, to repair the fire truck which is being replaced. The estimate is $4,000. The new truck is set to be delivered in August and therefore the decision had been made not to repair the existing truck. There was no charge for obtaining the estimate and the truck has been returned back to Stanhope. An auction will be conducted to sell the old truck once the new one is received. The Fire Department submitted a 2019 capital request for a washer and dryer to clean and dry the turnout gear. This will help to maintain the gear and make it more sanitary. The governing body did approve the request. However, the cost of installation was not included and the cost is estimated to be $1,200. After reviewing the Fire Department budget, the Finance Committee gave the Fire Department approval to use their operational budget to pay for the installation. This determination was made due to the fact half the year is over and there is sufficient money remaining in the operational budget to cover the cost. Councilwoman Kuncken stated the governing body had offered to give the brush truck to the Fire Department. The Fire Department has stated they will take ownership of the 1980 Brush Truck. The Administrator advised the Fire Department that the acceptance must be in writing. A letter has been received from Mike Ryan, President, of the Stanhope Hose Co. No. 1. The letter states the Fire Department accepts the truck and they understand arrangement and they are free to sell it. Councilwoman Kuncken stated the meeting went well. Several outstanding items were resolved.
Community Development – Councilwoman Zdichocki/Councilman Thornton
(Zoning, Construction, Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization)
Councilwoman Zdichocki stated there were 5 zoning permits for the month of June and 1 vacant property registration. There were 8 violations and complaints.
Municipal Infrastructure – Councilman Thornton/Councilwoman Zdichocki
(Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds)
Councilman Thornton stated there are 21 saddles left to be replaced on Young Drive. When the saddles are complete, the trench repair and catch basin repairs will commence.
Information Technology – Councilmen Riccardi/Romano
Councilman Riccardi stated the next Information Technology meeting is scheduled for July 30th.
Boards/Commissions – Councilwoman Thistleton/Councilman Riccardi
No report was given in Councilwoman Thistleton’s absence.
Mayor Maio stated Family Fun Day was a resounding success. Mayor Maio stated the Recreation Commission did a wonderful job and she encourages the residents to attend the various community events.
Administrator McNeilly stated Eric Keller, Borough Engineer, was not able to attend this evening’s meeting but he did provide a report which was distributed to the Governing Body. Administrator McNeilly discussed his report and the items listed on Mr. Keller’s report with the Mayor and Council.
Young Drive/Maryann Terrace – Administrator McNeilly stated the DPW is continuing to replace the saddle taps and water services on Young Drive. The DPW has been completing two per day plus the lead off for the next day. The trench repair and catch basins will be done next. The contractor, Cifelli, has been contacted by the Borough Engineer. Cifelli will be replacing the curbs. This work is scheduled to begin in late August. Tilcon will be the contractor doing the milling and paving which will be scheduled in late September. Administrator McNeilly stated when Cifelli completes the curbing; our DPW will do the yard restorations. The challenges on Young Drive have been notorious. There was a huge rock which had to be removed the other day which challenged the backhoe and it was only two inches below the surface.
Musconetcong Avenue – Administrator McNeilly stated there is a resolution on tonight’s agenda to award the ADA ramps and sidewalk work to Samson Concrete & Masonry of Phillipsburg for Musconetcong Avenue. The work will begin mid-August. Tilcon will then be scheduled to do the milling and paving in early September.
Post Office/Salmon Park Milling & Resurfacing – Administrator McNeilly stated Bowman Engineering has conducted a site visit to confirm the milling/resurfacing limits for the area and will be preparing construction plans for the work, including striping. The work will include milling alongside the post office, around the basin in front of the Plaster Mill and along the backside of the businesses. The striping of the parking lot will be done professionally by Denville Line Painting. Mayor Maio asked if a notice or a meeting will be held with the business owners in conjunction with the project. Administrator McNeilly stated there will be extensive notice due to the fact the entire parking lot will have to be shut down. The work will be done in conjunction with Musconetcong Avenue. The disruption will be uncomfortable and annoying but the end result will be worth it.
Plaster Mill – Administrator McNeilly stated he is repeatedly sending emails to the NJDEP but has not received any response. Mayor Maio asked Attorney Leo if she could assist in this matter. Attorney Leo replied she will assist with the issue. Councilman Riccardi stated he is of the opinion the law for the Historical Society requires a reply within 60 days. Administrator McNeilly stated he has repeatedly asked for a reply to inform him that the request has been sent to the proper location and that the information is sufficient.
Drainage Issues – Administrator McNeilly stated yesterday provided the perfect day, based upon the instant forecasting from Weather Works, for storm chasing. Councilwoman Kuncken stated she accompanied Administrator McNeilly. Administrator McNeilly stated twelve minutes into the drive they were on Lloyd Avenue heading to Lawrence Avenue when a second report from Weather Works arrived just as the hail storm started. They saw the deluge which occurred at 37 Lloyd Avenue. Administrator McNeilly stated he has spoken with the homeowner and the property has had a berm installed. The area at Kynor Avenue and Hazel Street was observed but as hard as it was raining, the water was not reaching the curb. The next location was Port Morris. The water was coming out of a humongous County open discharge pipe into the center of Port Morris Avenue and then into the homeowners dirt driveway. A berm has been provided to keep the water from flowing in. The berms will help during normal storms. However, yesterday’s two storms were not normal and there were two storms on Saturday which were not normal. The curbing required for a deluge would have to be 24 inches high with piping, which will not work. The Dell Road area was not viewed because the sun came out before they could get to that side of town.
Dell Road Drainage Issues – Administrator McNeilly stated residents spoke at the last Mayor and Council meeting regarding drainage issues they are experiencing. The Borough Engineer has been contacted and he will arrange a meeting to walk from the inflow at Highpoint Condominiums, where the creek is then piped to the bottom of James Street. The infrastructure will be inspected to determine if there are any collapses or open grates. All the affected homeowners who have the piping running through their backyards will be notified that inspectors will be walking through their yards. Impervious coverage and topography changes will be noted. The problems occurring in the backyards on the West side of the road are different than those which have occurred on the East side. The inspection will also try to determine if water is jumping the curb. Mr. Keller will provide a report when the inspection is complete. Mayor Maio stated she and Administrator McNeilly received videos from the property owners and she asked if they will be forwarded to Mr. Keller. Administrator McNeilly stated he will forward the videos which are very graphic during the deluge. Unfortunately the video does not show what was happening in the road. Administrator McNeilly will monitor the weather reports and try to see for himself what is occurring in that area during a storm. Councilwoman Kuncken stated the Weather Works information has been very accurate. Administrator McNeilly stated when the first emergency weather alert was received, he immediately checked with Jason Titsworth, DPW Superintendent, because he was concerned Mr. Titsworth might have been running the machine and may have missed the message. Mr. Titsworth had already received the information and the equipment was already stored and the site was secured.
Brooklyn Road Crosswalk – Administrator McNeilly stated he has sent an additional request to the County Engineer for an update on the Brooklyn Road Crosswalk project. No reply has been received to date. Administrator McNeilly stated he will be at the County office tomorrow and he will try to meet with the County Engineer.
Budget 2020 – Administrator McNeilly stated the budget timeline for 2020 is holding steady.
Dell Road Speed Hump – Administrator McNeilly stated the correspondence received from the property owner at 41 Dell Road regarding the placement of the speed hump on Dell Road was forwarded to the Borough Engineer. The speed hump is to be re-installed as part of next year’s Local Aid project. Administrator McNeilly stated Mr. Keller has reviewed the placement of the speed hump and it is specific to the existence of a manhole and inlets. It is the Borough Engineer’s professional opinion that the location of the speed hump should be re-installed at that location.
Highpoint Condominium Drain Pipe – Councilwoman Zdichocki asked Administrator McNeilly if he has checked with Highpoint’s management to determine if the pipe has been cleaned out. Administrator McNeilly stated he sent pictures to Highpoint today. There are three aspects to the inlet at Highpoint. The pipe itself is way down low. There is a cow catcher above it and if something happens to the pipe the water would jump over and go around it. The final issue is the metal grate at the top. There have been times that the metal grate has needed to be cleared. The grate is clear but the cow catcher needs to be cleaned out. Administrator McNeilly spoke with Cindy at Highpoint and this will be taken care of.
Stormwater – Administrator McNeilly stated Eric Keller, Borough Engineer, has indicated the two existing detention basins will be inspected by the end of the month. Stormwater compliance requires that all the basins be inspected. Then operations and maintenance manuals have to be created for each of them. This includes the trash rack for the leaf collector on the brook behind Barry’s house on Dell Road. Councilwoman Kuncken asked if the work of cleaning out the basins has been caught up. Administrator McNeilly stated due to the weather the machine could not get into the basins. Access has been made in order for the inspections to be done but the basins are not all mowed and in perfect condition at this time due to the wet conditions. The overall Operations & Maintenance Manual for all Borough stormwater facilities, including water quality devices will be prepared in August.
Musconetcong Speed Humps – Councilman Riccardi asked if the speed humps on Musconetcong Avenue will be replaced. Administrator McNeilly stated the speed humps will be replaced. They will be replaced with 25MPH speed humps not the current 15MPH ones.
Dell Road Drainage – Councilman Riccardi asked Administrator McNeilly if the hill on Dell Road will be inspected when the area behind the homes with the issues is inspected. Administrator McNeilly stated the Engineer will look at impervious coverage, changes in the topography of the backyards, the piping of the structure and he will be looking over the fencing to the hill for evidence of severe rutting. Mayor Maio stated Mr. Keller has indicated to her that they will be checking to make sure the integrity of the conservation areas has been maintained.
Environmental Commission Request (Fall Clean Communities Day) – Administrator McNeilly stated a request has been received from John Rogalo, Chairman of the Environmental Commission, for approval to hold a Fall Clean Communities Day. The Spring Clean Communities Day was cancelled in April due to weather. The Fall Clean-Up would take place on Sunday, October 20th from 12:30-3:30pm with a rain date of Sunday, October 27th. Administrator McNeilly asked if there were any objections or concerns. Councilwoman Zdichocki asked if the date would conflict with the Halloween Parade. Mayor Maio asked if the shredding event would be included. Administrator McNeilly stated the Halloween Parade is scheduled for October 26th and the shredding event took place in the spring and will not be included in the Fall Clean-Up. The Governing Body granted approval for the Fall Clean Communities Clean-Up Day. Administrator McNeilly will inform Chairman Rogalo.
TAP Grant – Administrator McNeilly stated he and Eric Keller, Borough Engineer, have been reviewing the small details. The most recent request received is asking for a written assurance that the Borough of Stanhope is prepared to advertise the project for bid within two months of notice that the Federal funds are authorized. Mayor Maio replied the Borough has been prepared to do so for the last three years. There are some changes in the way the Borough has to discuss the Pay-To-Play. Every document which has been sent from our office has stated that Administrator McNeilly is the responsible charge and his certification has been included. They are asking who the full time employee from the Borough is who is in charge. Fresh certifications must be completed for the right of ways and to state we are not impacting any railroads. The percentage requirement for minority owned businesses has been received. During the water project which was done a few years ago, the percentage was 5% which was covered by the company that did the scaffolding. This project is requiring 2% which will be covered by the trees for the landscaping, the block for the curbing, the flaggers and the traffic control devices should more than satisfy the 2%. Eric Keller will be attending the Mayor and Council meeting on August 13th.
Long-Term Bonding – Mayor Maio asked Administrator McNeilly for an update on the long-term bonding. Administrator McNeilly stated he attended a work meeting conference call with Bond Counsel, the Borough Auditor and the CFO to discuss the long-term bonding. Administrator McNeilly explained long-term bonding was discussed with the Borough Auditor several months ago because there was a concern about capturing a low interest rate before the rates increased. Over the past 18 months the rate has fluctuated a bit up and down. The pressure to capture a solid rate is no longer an issue. The Borough’s projects do not support the period of time required for the long-term bonding, which has to be in the area of 18 years. The projects which could benefit from long-term bonding are water and sewer projects and physical structures. The CFO has to determine what the period of time is for each of the projects on the current list in order for the Bond Counsel to provide a solid number. There is not enough room in the Borough’s borrowing ability to take the current list and add it to the current and there are no provisions to pay it back. If the decision were made to move forward with the long-term bonding it would have to be introduced within the next three weeks. This is not a viable option. The way to recover from this now is to reauthorize the existing bond anticipation notes in October for another 12 month period and continue the pay down schedule, which is currently working and may continue to do so for the next five or six years. In the meantime, the projects can be reviewed and a determination made as to whether or not long-term bonding would be beneficial. The Governing Body agreed that the long-term bonding is not an option at this time.
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 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:
SECTION 3. Section 108-4 shall be deleted in its entirety and a new Section 108-4 shall be adopted 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.
B. The license issued hereunder shall contain the signature of the issuing officer and shall show:
(1) The name and address of the licensee.
(2) The class of license issued.
(3) The kind of goods or services to be sold thereunder.
(4) The date of issue.
(5) The length of time the license shall be operative.
(6) The license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
C. The Borough Clerk shall issue to each licensee at the time of delivery of his license a badge which shall show the nature of the license, a photograph of the licensee and the expiration date in letters and figures easily discernible. Such badge must be worn constantly by the licensee in such a manner as to be readily visible when engaged in the activities herein.
D. Upon issuance of said license, each applicant shall pay to the Borough Clerk the sum of $2 as a fee for said badge.
E. No license shall be issued where any person who would use the proposed license is under 16 years of age.
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 Councilwoman Zdichocki, seconded by Councilman Riccardi 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.
Councilwoman Kuncken – yes
Councilwoman Thistleton – absent
Councilman Riccardi – yes
Councilman Thornton – yes
Councilman Romano – absent
Councilwoman Zdichocki – yes
On motion by Councilwoman Kuncken, 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.
Mayor Maio offered the following resolutions which were read by title:
Resolution 115-19 RESOLUTION AWARDING CONTRACT FOR MUSCONETCONG AVENUE ADA RAMPS & SIDEWALK RECONSTRUCTION
WHEREAS, the Borough of Stanhope sought construction bids for the Musconetcong Avenue ADA Ramps and sidewalk reconstruction; and
WHEREAS, Samson Concrete & Masonry, LLC submitted the lowest bid for the Borough’s request for bids on June 24, 2019; and
WHEREAS, both the Borough’s Qualified Purchasing Agent, Grant Rome, and the Borough Engineer, Eric Keller, concur in the recommendation of the award of a bid to Samson Concrete & Masonry, LLC; and
WHEREAS, the Chief Financial Officer, Dana J. Mooney, has certified that funds are available.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Stanhope that the Borough does hereby award a bid to Samson Concrete & Masonry, LLC, in an amount not to exceed $27,980.00 for the Musconetcong Avenue ADA Ramps and sidewalk reconstruction.
On motion by Councilman Thornton, seconded by Councilwoman Zdichocki and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Councilwoman Kuncken – yes Councilwoman Thistleton – absent
Councilman Riccardi – yes Councilman Thornton – yes
Councilman Romano – absent Councilwoman Zdichocki – yes
Resolution 116-19 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE APPROVING SOCIAL AFFAIR PERMIT
WHEREAS, Stanhope Hose Company No. 1 has filed an application for a Social Affair Permit for an event to be held at the American Legion Post 278 on September 7, 2019; and
WHEREAS, the submitted application form is complete in all respects and the application has been properly reviewed and approved by the Chief of Police; and
WHEREAS, the Mayor and Council have no objection to the granting of the Social Affair Permit by the State of New Jersey Division of Alcoholic Beverage Control;
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Stanhope do hereby approve the Social Affair Permit for the Stanhope Hose Company No. 1 for their event to be held at the American Legion Post 278 on September 7, 2019.
On motion by Councilman Riccardi, the first is based on a revised date of September 7th, seconded by Councilwoman Zdichocki and unanimously carried by voice vote, the foregoing resolution was duly adopted.
PAYMENT OF BILLS
Resolution 117-19 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 23, 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 Councilwoman Kuncken, seconded by Councilman Thornton and unanimously carried by the following roll call vote the foregoing resolution was duly adopted.
Councilwoman Kuncken – yes Councilwoman Thistleton – absent
Councilman Riccardi – yes Councilman Thornton – yes
Councilman Romano – absent Councilwoman Zdichocki – yes
Ursula Leo, Borough Attorney, had no 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.
Jeanne Montemarano, 35 Dell Road, stated in regard to the drainage on Dell Road her property is affected slightly. Ms. Montemarano stated in front of her home there are pot holes which have not been filled in. Ms. Montemarano stated she is aware the Department of Public Works is busy but her husband had to fill in the holes himself. There is another located at the corner of James Street. There is a cone there due to the fact she was walking there in May and nearly fell into the hole. This is a dangerous situation. Ms. Montemarano asked for more timely repairs to be made to the roads and the grass.
Seeing no one further from the public wishing to speak, Mayor Maio closed the public portion of the meeting.
On motion by Councilwoman Kuncken, seconded by Councilwoman Zdichocki, and unanimously carried by voice vote the meeting was adjourned at 7:55 P.M.