MAYOR AND COUNCIL
REGULAR MEETING
June 22, 2021
7:00 P.M
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CALL TO ORDER
SALUTE TO COLORS
Mayor Zdichocki 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 13, 2021 and was placed on the Official Bulletin Board in the Municipal Building and on the official website of the Borough of Stanhope.
Furthermore, notice of the change in the meeting location was sent to the New Jersey Herald and Daily Record on June 9, 2021 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
Councilman Thornton – present
Councilman Riccardi – present
Councilman Wronko – present
Councilman Romano – present
Mayor Zdichocki – present
Mayor Zdichocki welcomed everyone and stated it is nice to be back home at Borough Hall for tonight’s meeting.
ELECTION OF TEMPORARY COUNCIL MEMBER
Mayor Zdichocki stated the Republican Committee submitted the names of three individuals for consideration to fill the temporary council member position. The names submitted are as follows: Carmen Pico, Edward Schwartz and Michael Vance.
Mayor Zdichocki opened nominations for the temporary council member position.
On motion by Councilman Romano and seconded by Councilman Thornton, Michael Vance was nominated for the temporary council member position. On motion by Councilman Romano and seconded by Councilman Thornton nominations were closed. Michael Vance was unanimously elected as temporary council member by the following roll call vote.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
OATH OF OFFICE
Ellen Horak, Borough Clerk, administered the Oath of Office to Michael Vance as Temporary Councilman for Stanhope Borough. The Mayor and Council congratulated Councilman Vance as he took his seat at the dais.
ELECTION OF COUNCIL REPRESENTATIVE TO THE LAND USE BOARD
Mayor Zdichocki opened nominations for the position of council representative to the Land Use Board.
On motion by Councilwoman Kuncken and seconded by Councilman Wronko, Michael Vance was nominated as council representative. On motion by Councilman Romano and seconded by Councilwoman Kuncken nominations were closed. Michael Vance was unanimously elected as Council Representative to the Land Use Board by the following roll call vote.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
CITIZENS TO BE HEARD
Mayor Zdichocki 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 Zdichocki closed the public portion of the meeting.
MINUTES FOR APPROVAL
Mayor Zdichocki read aloud the list of minutes being presented for approval:
May 11, 2021 Work Session Meeting
May 25, 2021 Business Meeting
On motion by Councilman Thornton, seconded by Councilman Romano and unanimously carried by voice vote, the above listed minutes were approved. Councilman Riccardi abstained from the minutes of May 25, 2021. Councilman Vance abstained from the May 11 and 25, 2021 minutes.
CORRESPONDENCE (List Attached)
On motion by Councilwoman Kuncken, seconded by Councilman Wronko and carried by a majority voice vote, the list of correspondence was accepted and ordered placed on file. Councilman Vance abstained.
COUNCIL COMMITTEE REPORTS
Public Safety – Councilwoman Kuncken/CouncilmanThornton
(Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management)
Councilwoman Kuncken stated for the month of May the Fire Department answered 5 calls, 2 mutual aid calls, 3 drills, 1 meeting, 2 funerals and 1 parade for a total of 167.5 volunteer hours.
Councilwoman Kuncken stated the Sussex County Fire Marshal for the month of May reported there was one fire response at 3 Young Drive. The investigation revealed the cause of the fire was accidental. Three inspections were conducted at the following locations: The Black Forest Inn, the group home on Canfield Avenue and the group home on Sparta Road. All the inspections passed.
Councilwoman Kuncken stated the Police Department had a total of 111 motor vehicle stops for the month of May. Councilwoman Kuncken stated she did not receive the second page of the report with the overall totals.
Councilwoman Kuncken stated the Ambulance Squad for the month of April reported 21 calls in Stanhope, 30 calls in Netcong for a total of 51. There were 7 out of town calls; 1 in Byram, 5 in Hopatcong and 1 in Mt. Olive. They attended to 41 patients and made 28 trips to the hospital. They travelled 883 miles and recorded 134 hours and 25 minutes of volunteer hours.
Police Department Cameras – Councilwoman Kuncken stated she spoke with the Police Chief earlier today. The Borough has received the nine cameras which were purchased for the Police Department. The total cost was $12,000. The software and connections will be in four vehicles. Grant money was made available through the State and the Borough has been awarded an $18,000 grant. The amount is less than anticipated. In order to receive the funds from the grant, the bill for $12,000 will be submitted. The Borough must first pay the bill and be reimbursed. This bill will be on the bills list for the next meeting. The estimated cost of the redaction software is $4,000. The same procedure will have to be followed. This will leave $2,000 in the grant fund for future use. The cameras go online at 6:00am tomorrow morning. The Police Department has met the July 1st deadline.
Extrication Equipment for the Fire Department – Councilwoman Kuncken stated the Fire Department and the Ambulance Squad signed their agreement at the last council meeting with regard to extrication procedures. The Ambulance Squad will continue to be the primary rescue agency and the Fire Department will be the backup or mutual aid. The funds to purchase the extrication tools is coming from the fund which was used to purchase the fire truck. Councilwoman Kuncken stated she spoke with the CFO and there is $21,522.84 left in that account. The updated cost for the tools is $16,410.63. Councilwoman Kuncken stated she was informed by the CFO that the purchase is being made through the State contract and therefore no additional quotes are required. There is a savings allowance of $2,156.82 for the old tools. If the governing body approves this purchase, it is with the understanding that the tools will be given to the Fire Department. The Borough will not own the tools, will not be responsible for them and will not repair them. There will be no new line item in the budget for extrication equipment.
Finance & Administration – Councilman Romano/Councilwoman Kuncken
Councilman Romano stated tax collections for the month of May were $1,908,881.83. The year to date tax amount is $5,955,227.99. The Borough has collected 95% of the second quarter taxes and almost 97% of the overall tax collections for the year. This is approximately 3% ahead of last year.
Councilman Romano stated the water collections for the month of May total $9,314.87. The year to date total is $208,731.12. The sewer collections for the month of May total $13,930.34. The year to date total is $251,238.28.
Community Development – Councilman Wronko/Councilman Riccardi
Councilman Wronko stated, with the 20th anniversary of September 11th approaching, a committee has been formed which is being chaired by Councilwoman Kuncken to plan an event. The committee consists of the Police Chief and representatives from the Fire Department and Ambulance Squad. A memorial service will be held at Musconetcong Park at the site of the 911 Memorial. Councilman Wronko asked everyone to save the date to honor those who lost their lives and the first responders. The Borough recently received a sapling from the 911 Survivor Tree. This will be an event to honor those who lost their lives, and to celebrate what we are as a country and a community. Mayor Zdichocki stated all Borough residents are invited to attend. Additional information will be provided in the next water bill mailing.
Mayor Zdichocki stated the Pig Roast Fundraiser for the Ambulance Squad and the Fire Department will be held on September 10th at Shakey Jake’s. The tickets are $30. Anyone interested in attending should contact Councilwoman Kuncken.
Municipal Infrastructure – Councilman Thornton/Councilman Wronko
(Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds)
Councilman Thornton stated he had no report this evening.
Information Technology – Councilman Riccardi/Councilman Vance
Councilman Riccardi stated there is a resolution on the consent agenda this evening for the purchase of two new copiers for the office.
Boards/Commissions – Councilman Vance/Councilman Romano
No report was given.
ADMINISTRATOR’S REPORT
Administrator McNeilly began his report by agreeing with Mayor Zdichocki’s earlier statement that it is nice to be back home again.
Street Sweeping – Administrator McNeilly stated the subject of street sweeping was discussed during budget planning. The Borough’s street sweeper failed and it was determined that purchasing another one would just put the Borough back into the cycle of cost, repair and replacement. The amount of $14,000 was budgeted to cover the cost of renting a street sweeper several times over the next year. Administrator McNeilly stated the DPW Superintendent was able to arrange with Hopatcong Borough to share their street sweeper. Hopatcong is providing the machine, the driver and the removal of the debris for $2,200 per week. This is a substantial savings in dollars and manpower. The resolution for this service is on tonight’s agenda to formalize the arrangement.
Sparta QPA Agreement – Administrator McNeilly stated the shared service agreement with Sparta for QPA services is up for renewal. The new agreement is the same as the 2020 agreement. The cost remains the same at $2,400 per year. The resolution for renewal is on tonight’s agenda.
FEMA DR 4574 and DR 4597 – Administrator McNeilly stated the Borough became eligible for FEMA funds for DR 4574 (Tropical Storm Isaias in July) and DR 4597 (Winter Storm Orlena in January). The process is underway to the claim funds. One of the claims will total between $7,000 – $8,000 and the other will be close to $20,000. Administrator McNeilly stated he, the OEM Coordinator, and the CFO have been meeting with FEMA staff to complete the forms required. The dollar amounts have not been confirmed as yet. The Federal Government will pay 70% of the accepted costs.
Borough Hall – Administrator McNeilly stated the reopening of the Borough Hall Lobby to the public has gone smoothly and has been well received by the public. Non-employee access continues to be limited to the lobby and council chambers.
Councilman Thornton stated the resolution for the shared service with Hopatcong Borough for the street sweeping service does not call out that a driver will be provided. Administrator McNeilly stated Hopatcong would not provide the truck without the driver. Attorney Frodella stated he can review the resolution and provide an amendment if necessary. Mayor Zdichocki stated shared services are beneficial in saving money for small towns and for the residents. Administrator McNeilly stated the amendment can be added when the resolution is brought up for adoption.
ENGINEER’S REPORT
Mayor Zdichocki invited Eric Keller, Borough Engineer, to come forward to give his report.
Sparta Road TAP Grant – Mr. Keller stated progress is being made on the Sparta Road TAP Grant. A pre-construction meeting was held. The contractor has a great deal of paperwork to complete and work is slated to begin in mid-July 2021. As soon as the paperwork is in order with the Civil Rights Division at the DOT, the Construction Administrator will issue a notice to proceed. Mr. Keller stated he has informed them of the fact that Sparta Road will need to be paved which is covered by a separate grant. The trail work needs to be done during the summer time in order to avoid any conflicts with the High School.
Capital Program – Mr. Keller stated, since he was here six weeks ago, significant progress has been made with the Capital Program. Dell Road is completely done. Plane Lane and East Drive are paved. The job was slightly over budget but the DPW Superintendent has indicated there are funds available in the paving budget from last year to cover the costs. Young Drive is complete. Baker Place is on the agenda for this evening. Once the water main is installed, the road reclamation work will begin for North Central Avenue, Highland Avenue and Baker Place. Work will be done from Highland Avenue to Baker Place to the end. Not to the North end. Kelly Place, Waterloo Road and Furnace Street plans and specifications are with DOT. Once comments are received, the revisions will be made and then an authorization to bid the job will be needed. This job has to be awarded by this November. The Local Aid Application paperwork for Sagamore Road and Spencer Street is with Millennium Strategies.
Dell Road Drainage – Mr. Keller stated he looked at the drainage issue on Dell Road. There is no lip on the driveway. It is not a depressed curb. It is a flush curb and the apron is flat or back pitched. The sidewalk is relatively flat and with a lighter rain it runs down the street. The drainage on Dell Road has been there forever. Mr. Keller stated he looked back on the plans from 1999 but that was just a water main project, not a drainage project and nothing was added. The drainage problem is not a simple fix. Mr. Keller stated he has to talk with the Administrator to try and find a solution to the drainage problem. He is not discounting what the homeowner is facing. Mr. Keller has reviewed the video and there is a considerable amount of water when it rains.
TAP Grant Engineering Costs – Administrator McNeilly stated during the pre-construction meeting it was discovered there is a piece of the project which will need to be done by Mr. Keller. The project is funded by federal monies and therefore it required the design to be done by one firm and the inspections by another. During the construction phase, Mr. Keller will be required to answer questions and provide drawing reviews etc. Mr. Keller stated these are not covered by GPI as the inspector because they are considered part of the original design. Administrator McNeilly stated a resolution will be on the next agenda to provide a small per hour fee for Mr. Keller’s office to attend any contractor meetings and any required reviews. Mayor Zdichocki asked if the grant money can be used to cover these costs. Mr. Keller stated the grant money can only be used for construction costs. Administrator McNeilly stated the grant was for $950,000 and the awarded amount is approximately $700,000. The “extra” amount is lost funding. Mr. Keller did ask about adding construction work for the sidewalks but he was told the work was not part of the environmental review by the federal government and therefore it could not be added. Unless something happens during construction, it cannot be added. Administrator McNeilly stated he will forward the document to the governing body for review prior to the next meeting. The resolution will state the hourly rate and it will include a not to exceed amount. Councilman Riccardi asked Mr. Keller if the paperwork is complete. Mr. Keller replied everything is complete except for Gilmore Electric who has three sub-contractors. Mayor Zdichocki asked if the lights have been ordered. Mr. Keller stated nothing can move forward until the letter to proceed is provided to the Borough. Mayor Zdichocki asked if the project is expected to be completed prior to school reopening. Mr. Keller stated the project will not be completed by the start of school but he is still waiting for a schedule. Administrator McNeilly stated delivery times on certain supply chain items is unknown at this time. There is a good chance that the conduit and the bases can be installed and then when the lights are delivered everything will be in place for them to be installed. Mayor Zdichocki stated the schools need to be informed. Councilman Vance asked where the heavy equipment will be staged. Administrator McNeilly stated the equipment will be staged at the DPW yard. The schools will be kept informed. There will be work that connects directly into the back of the Stanhope Valley Road School. Mr. Keller stated the lights on the trail to Dell Road will be fed by the school’s electric panels. Administrator McNeilly stated the residents on Lenape Drive will be well informed about the work to be done and the detours.
COUNCIL DISCUSSION
Construction Department Habitability Work Project Request – Ellen Horak, Borough Clerk, stated a copy of the request letter was emailed to the governing body on Friday. Mayor Zdichocki asked to table this discussion until everyone could access their copy of the letter. The governing body agreed.
NEW BUSINESS
ORDINANCES
Mayor Zdichocki offered the following ordinances for introduction and first reading which were read by title.
Ordinances for Introduction and First Reading [Public Hearing on July 13, 2021[
Ordinance 2021-12 AN ORDINANCE ADDING A NEW SECTION 100- 52.1, ENTITLED “CANNABIS” TO CHAPTER 100, “LAND DEVELOPMENT”, PROHIBITING THE OPERATION OF ANY CLASS OF CANNABIS BUSINESSES WITHIN THE BOROUGH OF STANHOPE
WHEREAS, in 2020, New Jersey voters approved Public Question No. 1, which amended the New Jersey Constitution to allow for the legalization of a controlled form of marijuana called “cannabis” for adults at least 21 years of age; and
WHEREAS, on February 22, 2021, Governor Murphy signed into law P.L. 2021, c. 16, known as the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (the “Act”), which legalizes the recreational use of marijuana by adults 21 years of age or older, and establishes a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession; and
WHEREAS, the Act establishes six marketplace classes of licensed businesses, including:
- Class 1 Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis;
- Class 2 Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
- Class 3 Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
- Class 4 Cannabis Distributer license, for businesses involved in transporting cannabis plants in bulk from on licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
- Class 5 Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and
- Class 6 Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
WHEREAS, the Act authorizes municipalities by ordinance to adopt regulations governing the number of cannabis establishments (defined in Section 3 of the Act as “a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer”), cannabis distributors or cannabis delivery services allowed to operate within their boundaries, as well as the location manner and times operation of such establishments, distributors or delivery services, and establishing civil penalties for the violation of any such regulations; and
WHEREAS, the Act authorizes municipalities by ordinance to prohibit the operation of any one or more classes of cannabis establishments, distributors, or delivery services anywhere in the municipality; and
WHEREAS, the Act also stipulates that any municipal regulation or prohibition must be adopted within 180 days of the effective date of the Act (i.e., by August 22, 2021); and
WHEREAS, the failure to do so shall mean that for a period of five years thereafter, the growing, cultivating, manufacturing, selling and reselling of cannabis and cannabis items shall be permitted uses in all industrial zones, and the retail selling of cannabis items to consumers shall be a conditional use in all commercial and retail zones; and
WHEREAS, at the conclusion of the initial and any subsequent five-year period following a failure to enact local regulations or prohibitions, the municipality shall again have 180 days to adopt an ordinance regulating or prohibiting cannabis businesses, but any such ordinance would be prospective only and would not apply to any cannabis business already operating within the municipality; and
WHEREAS, the Mayor and Council has determined that, due to present uncertainties regarding the potential future impacts that allowing one or more classes of cannabis business might have on New Jersey municipalities in general, and in the Borough of Stanhope, in particular, it is at this time necessary and appropriate, and in the best interest of the health, safety and welfare of the Borough’s residents and members of the public who visit, travel, or conduct business in the Borough of Stanhope, to amend the Borough’s zoning regulations to prohibit all manner of marijuana-related land use and development within the geographic boundaries of the Borough; and
WHEREAS, officials from two prominent non-profit organizations that have been established for the purpose of advising New Jersey municipalities on legal matters such as have been presented by the Act (those organizations being the New Jersey State League of Municipalities and the New Jersey Institute of Local Government Attorneys) have strongly urged that, due to the complexity and novelty of the Act; the many areas of municipal law that are or may be implicated in decisions as to whether or to what extent cannabis or medical cannabis should be permitted for land use purposes or otherwise regulated in any particular municipality; and the relatively short duration in which the Act would allow such decisions to be made before imposing an automatic authorization of such uses in specified zoning districts subject to unspecified conditions, the most prudent course of action for all municipalities, whether or not generally in favor of cannabis or medical cannabis land development and uses, would be to prohibit all such uses within the Act’s 180-day period in order to ensure sufficient time to carefully review all aspects of the Act and its impacts; and
WHEREAS, the Mayor and Council desires to add a new Section 100-52.1 to Chapter 100, Land Development, prohibiting all cannabis establishments, cannabis distributors or cannabis delivery services, except for the delivery of cannabis items and related supplied by a delivery service.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey, that this Ordinance shall be adopted as part of the Stanhope Borough Code as follows:
SECTION 1
A new Section 100- 52.1, “Cannabis”, is adopted as follows:
Pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all classes of cannabis licenses, including but not limited to, all cannabis establishments, cannabis distributors and/or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Stanhope, except for the delivery of cannabis items and related supplies by a delivery service.
SECTION 2 – 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 3 – 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 – NOTICE
The Borough Clerk is directed to give notice at least ten days prior to the hearing on the adoption of this Ordinance to the County Planning Board and to all others entitled pursuant to the provisions of N.J.S.A. 40:55D-15. The Borough Clerk is further directed to refer this Ordinance to the Borough Land Use Board, pursuant to N.J.S.A. 40:55D-64. Upon the adoption of this Ordinance, after public hearing, the Borough Clerk is further directed to publish notice of the passage and to file a copy of this Ordinance, as finally adopted, with the Sussex County Planning Board, as required by N.J.S.A. 40:55D-16.
SECTION 5 – EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption and publication and filing with the Sussex County Planning Board, and as otherwise provided for by law.
On motion by Councilwoman Kuncken, seconded by Councilman Romano and carried by a majority of the following roll call vote, the foregoing ordinance was introduced.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – no
Councilman Wronko – no
Councilman Romano – yes
Councilman Vance – yes
On motion by Councilman Romano, seconded by Councilman Vance, and unanimously carried by voice vote, the Mayor and Council instructed the Clerk to post the ordinance and authorized publication of same.
Ordinance 2021-13 AN ORDINANCE OF THE BOROUGH OF STANHOPE, COUNTY OF SUSSEX, NEW JERSEY AMENDING ORDINANCE 2021-08 FIXING THE SALARY AND WAGES FOR BOROUGH EMPLOYEES AND OFFICIALS
BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey, as follows:
SECTION 1. The annual salary, wage and compensation to be paid to Borough Employees and Officials as contained in Section 1 of Ordinance 2021-08 is hereby amended to add the following position and following salary:
Code Enforcement/Housing Officer/Zoning Officer………$25,000.00
SECTION 2. This Ordinance shall become effective immediately upon final adoption and publication as required by law.
On motion by Councilman Romano, seconded by Councilman Riccardi and unanimously carried by the following roll call vote, the foregoing ordinance was introduced.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
On motion by Councilwoman Kuncken, seconded by Councilman Wronko, and unanimously carried by voice vote, the Mayor and Council instructed the Clerk to post the ordinance and authorized publication of same.
RESOLUTIONS
Mayor Zdichocki offered the following resolutions which were read by title.
Resolution 125-21 RESOLUTION AUTHORIZING OFFER OF EMPLOYMENT TO CHRISTINA DIMITRIOU TO THE STANHOPE BOROUGH POLICE DEPARTMENT
WHEREAS, the Borough of Stanhope desires to hire a full-time Police Officer to serve within the Stanhope Borough Police Department; and
WHEREAS, the Chief of Police has recommended the appointment of Christina Dimitriou to the full-time position of Police Officer, effective July 6, 2021.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Stanhope that the Borough Administrator be and the same is hereby authorized to extend an offer of employment to Christina Dimitriou as a Police Officer for the Borough of Stanhope, effective July 6, 2021.
On motion by Councilman Wronko seconded by Councilman Thornton and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
Mayor Zdichocki congratulated Ms. Dimitriou and amended the agenda to have Christina Dimitriou take her oath of office.
OATH OF OFFICE
Ellen Horak, Borough Clerk, administered the Oath of Office to Christina Dimitriou as a Stanhope Borough Police Officer. Officer Dimitriou will start at the Police Academy on July 6th. Everyone congratulated Officer Dimitriou and wished her luck at the academy.
Resolution 126-21 RESOLUTION AUTHORIZING SHARED SERVICE AGREEMENT WITH BOROUGH OF HOPATCONG FOR THE PURPOSES OF STREET SWEEPING SERVICES
WHEREAS, State Statute permits municipalities to enter into Shared Service Agreements pursuant to N.J.S.A. 40:8A-2 et seq., and authorizes municipalities to enter into Shared Service Agreements by adoption of a resolution; and
WHEREAS, the Borough of Stanhope is desirous of creating a Shared Service Agreement with the Borough of Hopatcong for Street Sweeping Services; and
WHEREAS, the Borough of Stanhope desires to have the Street Sweeping process performed twice per year for 2 to 3 weeks per time; and
WHEREAS, the Borough of Stanhope shall reimburse the Borough of Hopatcong $2,200.00 per week for the sweeping process, including, but not limited to the operation of the street sweeper; and
WHEREAS, the Chief Financial Officer of the Borough of Stanhope has certified the availability of funds for this contract pursuant to N.J.A.C. 5:30-5.4;
NOW, THEREFORE, be it resolved by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be and the same are hereby authorized to execute a Shared Service agreement with the Borough of Hopatcong for Street Sweeping Services for the period of June 1, 2021 through December 31, 2021.
On motion by Councilman Wronko, seconded by Councilwoman Kuncken and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted as amended during council discussion to clarify that the fourth Whereas clause states the reimbursement for the sweeping process, includes, but is not limited to the operation of the street sweeper.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
Resolution 127-21 RESOLUTION TO AMEND BUDGET TO INCLUDE 2021 CLEAN COMMUNITIES GRANT
WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount, and
WHEREAS, the Borough of Stanhope has received a total of $7,951.51 from the NJ Solid Waste Administration for the 2021 Clean Communities Grant, and
WHEREAS, the Borough of Stanhope now wishes to amend its 2021 budget to include the additional grant funds approved of $7,951.51 as a revenue.
NOW THEREFORE, BE IT RESOLVED that the Council of the Borough of Stanhope does hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2021 in the sum of $7,951.51, which will be available as a revenue from:
Miscellaneous Revenues
Special Items of General Revenue Anticipated with Prior Written
Consent of the Director of Local Government Services – Public
And Private Revenues Offset with Appropriations: 2021 Clean Communities Grants, and
BE IT FURTHER RESOLVED that a like sum of……………………$7,951.51
be and the same is hereby appropriated under the caption of:
General Appropriations
(A) Public and Private Programs Offset by Revenues:
2021 Clean Communities Grant, and
BE IT FURTHER RESOLVED that the Chief Financial Officer shall submit one copy of the Chapter 159 certification form to the Director of Local Government Services.
On motion by Councilman Riccardi, seconded by Councilman Thornton and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
Resolution 128-21 RESOLUTION AUTHORIZING EXECUTION OF REIMBURSEMENT AGREEMENTS WITH STONEGATE CONDOMINIUM ASSOCIATION
WHEREAS, the Stonegate Condominium Association is located in the Borough of Stanhope; and
WHEREAS, pursuant to the provisions of the Qualified Community Act, N.J.S.A. 40:67-23.2, the Stonegate Condominium Association is entitled to receive certain services from the Borough or to receive compensation for said services in lieu of the Borough providing same; and
WHEREAS, the Borough has elected to reimburse the condominium association for street lighting, leaf removal and snow plowing for the internal roadways in the condominium; and
WHEREAS, the Borough has also elected to reimburse the Stonegate Condominium Association for the collection and disposal of solid waste; and
WHEREAS, the Borough and the Stonegate Condominium Association have agreed on formulas for the calculation of reimbursement; and
WHEREAS, the Borough has prepared reimbursement agreements for the calendar years 2018 and 2020 for street lighting, leaf removal and snow plowing for the internal roadways in the condominium;
WHEREAS, the Borough has also prepared a reimbursement agreement for the calendar year 2021 for the collection and disposal of solid waste; and
WHEREAS, said reimbursement agreements have been offered to the Stonegate Condominium Association and have been signed by the Association and returned to the Borough;
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be and the same are hereby authorized to execute a reimbursement agreement with the Stonegate Condominium Association for street lighting, leaf removal and snow plowing for the internal roadways in the condominium for the calendar years 2018 and 2020; and
BE IT FURTHER RESOLVED by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be and the same are hereby authorized to execute a reimbursement agreement with the Stonegate Condominium Association for the calendar year 2021 for collection and disposal of solid waste.
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
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
Resolution 129-21 RESOLUTION AUTHORIZING EXECUTION OF REIMBURSEMENT AGREEMENTS WITH HIGHPOINT CONDOMINIUM ASSOCIATION
WHEREAS, the Highpoint Condominium Association is located in the Borough of Stanhope; and
WHEREAS, pursuant to the provisions of the Qualified Community Act, N.J.S.A. 40:67-23.2, the Highpoint Condominium Association is entitled to receive certain services from the Borough or to receive compensation for said services in lieu of the Borough providing same; and
WHEREAS, the Borough has elected to reimburse the condominium association for street lighting, leaf removal and snow plowing for the internal roadways in the condominium; and
WHEREAS, the Borough has also elected to reimburse the Highpoint Condominium Association for the collection and disposal of solid waste; and
WHEREAS, the Borough and the Highpoint Condominium Association have agreed on formulas for the calculation of reimbursement; and
WHEREAS, the Borough has a prepared reimbursement agreement for the calendar year 2020 for street lighting, leaf removal and snow plowing for the internal roadways in the condominium;
WHEREAS, the Borough has also prepared a reimbursement agreement for the calendar year 2021 for the collection and disposal of solid waste; and
WHEREAS, said reimbursement agreements have been offered to the Highpoint Condominium Association and have been signed by the Association and returned to the Borough;
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be and the same are hereby authorized to execute a reimbursement agreement with the Highpoint Condominium Association for street lighting, leaf removal and snow plowing for the internal roadways in the condominium for the calendar year 2020; and
BE IT FURTHER RESOLVED by the Mayor and Council of the Borough of Stanhope that the Mayor and Clerk be and the same are hereby authorized to execute a reimbursement agreement with the Highpoint Condominium Association for the calendar year 2021 for collection and disposal of solid waste.
On motion by Councilman Thornton, seconded by Councilman Riccardi and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
Resolution 130-21 RESOLUTION APPROVING SUBMITTAL OF GRANT APPLICATION AND EXECUTION OF GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE BOROUGH OF STANHOPE’S ROADWAY PRESERVATION 2022 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-2022-Sagamore Rd and Spencer St Improveme-00351 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 Councilman Wronko, seconded by Councilman Vance and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – 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 131-21 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING THE RENEWAL OF LIQUOR LICENSES TO LICENSE HOLDERS IN THE BOROUGH
WHEREAS, the liquor license renewal applications submitted are complete in all respects, the renewal fees have been paid, Tax Clearance Certificates received, the licenses have been reviewed, and the premises inspected;
NOW, THEREFORE, BE IT RESOLVED that the statutory requirements thereto having been fulfilled, the applications for renewal of liquor licenses be granted and the Borough Clerk be authorized to complete, sign and deliver said licenses on behalf of the Mayor and Council to the below named applicants, said licenses being renewed for the period July 1, 2021 to June 30, 2022 in the Borough of Stanhope, County of Sussex, New Jersey:
Plenary Retail Consumption Licenses:
1919-33-001-002 Karlbar Inc., t/a Black Forest Inn, 249 Route 206
1919-33-002-010 CKJ Corporation, Inc., t/a Shakey Jake’s, 134 Route 183
1919-33-004-008 Kacz MJ Corp., t/a Bell’s Mansion, 11 Main Street
1919-33-005-009 Sammy’s Italian Food, t/a Sal’s Pizza, 81 Route 183
1919-33-006-007 JMK Hospitality Group, LLC t/a The Stanhope House, 45 Main Street
Plenary Retail Distribution License:
1919-44-003-011 Stanhope Liquor Inc., 141 Route 183
Club Licenses:
1919-31-008-001 Musconetcong Post #278, American Legion, 119 Route 183
1919-31-009-001 Stanhope Hose Co. No. 1, 26 Main Street
Resolution 132-21 AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL TO RENEW MEMBERSHIP THEREIN FOR THE PERIOD OF OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2026
WHEREAS, the Morris County Cooperative Pricing Council (“MCCPC”) was created in
1974 to conduct a voluntary cooperative pricing system with municipalities, boards of education, and other public bodies located in the County of Morris and adjoining counties; and
WHEREAS, the purpose of the MCCPC is to provide substantial savings on various goods and services to its members through the cooperative public bidding process; and
WHEREAS, The Borough of Stanhope desires to enter into an Agreement with the MCCPC, which is administered by Randolph Township as Lead Agency, to renew its membership in the MCCPC for the period of October 1, 2021 through September 30, 2026.
BE IT RESOLVED, by the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
- The Mayor and Council of the Borough of Stanhope hereby authorizes the execution of an Agreement with the Morris County Cooperative Pricing Council by the Township of Randolph as Lead Agency dated October 1, 2021, pursuant to N.J.S.A. 40A:11-11(5). Said Agreement is for renewal of membership in the MCCPC for a five (5) year period from October 1, 2021, through September 30, 2026.
- The Borough of Stanhope’s Clerk is hereby directed to submit a copy of this adopted Resolution, along with an executed Agreement, to Randolph Township as Lead Agency of the MCCPC.
- This Resolution shall take effect immediately upon final passage according to law.
- All appropriate Stanhope Borough officials are authorized and directed to perform all required acts to affect the purpose of this Resolution.
Resolution 133-21 RESOLUTION TO ENTER INTO AN AGREEMENT WITH THE TOWNSHIP OF SPARTA FOR THE PROVISION OF QUALIFIED PURCHASING AGENT SERVICES
WHEREAS, the Borough of Stanhope is in need of Qualified Purchasing Agent (“QPA”) services; and
WHEREAS, the Township of Sparta can provide QPA services, in accordance with N.J.S.A. 40A:11-9;
WHEREAS, the QPA services are exempt from bidding requirements per N.J.S.A. 40A:11-3, et. seq.; and
WHEREAS, the Borough of Stanhope desires to enter into an agreement with the Township of Sparta for QPA services, effective July 1st, 2021 through June 30th, 2022, as set forth in the Agreement.
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 Borough Administrator is hereby authorized to execute the Agreement between the Borough of Stanhope and the Township of Sparta for QPA services; and
2. This Resolution shall take effect immediately.
Resolution 134-21 RESOLUTION ACKNOWLEDGING EXECUTIVE
ORDER NO. 246
WHEREAS, the Borough of Stanhope acknowledges Executive Order No. 246, dated June 14, 2021;
WHEREAS, the Borough rescinds any prior resolutions or portions thereof that are inconsistent; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope to acknowledge Executive Order No. 246 and to rescind any prior resolutions or portions thereof that are inconsistent.
Resolution 135-21 RESOLUTION AUTHORIZING THE BOROUGH TO PURCHASE TWO (2) KYOCERA COLOR COPIERS
WHEREAS, the Borough of Stanhope has determined it needs to replace two (2) copier machines; and
WHEREAS, the Borough will be leasing, through a Government Obligation Contract with Kansas State Bank using the Omnia Partners Contract #R191102, two (2) Kyocera Color Copiers, Model No. 5053ci at a rate of $233.38 per month for five (5) years, with a buyout price of $1.00 at the end of the lease; and
WHEREAS, the Borough also will be entering into a maintenance contract with T.A. Mountford Co., who will be the installing and servicing dealer at $150.00 per month, subject to the review of the terms and conditions of the maintenance contract.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Stanhope, County of Sussex, State of New Jersey as follows:
- The Mayor and Council hereby authorizes the execution of the Government Obligation Contract through Kansas State Bank using the Omnia Partners Contract #R191102, to purchase the two (2) Kyocera Color Copiers, Model No. 5053ci at rate of $233.38 per month; and
- The Mayor and Council hereby authorize the execution maintenance contract with T.A. Mountford Company, subject to the review of the terms and conditions.
Resolution 136-21 RESOLUTION AUTHORIZING DISCHARGE OF BOROUGH OF STANHOPE AFFORDABLE HOUSING PROGRAM MORTGAGE
WHEREAS, Ruth Townsend, (“Borrower”), the owner of 5 Ridge Road, Stanhope, New Jersey, Block 11004, Lot 2, obtained from the Borough of Stanhope a loan through the Stanhope Small Cities Block Grant Rehabilitation Program for the completion of code deficiency repairs on or about August 11, 2010, which Mortgage was recorded in the Sussex County Clerk’s Office in Mortgage Book 8775, Pages 1-3 on September 1, 2010 (the “Mortgage”); and
WHEREAS, the Borrower has re-paid the full loan amount via the Estate of Ruth Townsend, on or about June 8, 2021, and the Estate has requested that the Mortgage be discharged; and
WHEREAS, the Mayor and Council agree to discharge the mortgage.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope as follows:
- The Mortgage given to the Borough of Stanhope by the Borrowers is hereby discharged and the Mayor and Borough Clerk are authorized to sign the Discharge of Mortgage document, a copy of which is attached to this Resolution as Exhibit A.
- A copy of this Resolution shall be placed on file with the Clerk of the Borough.
- If any section, subsection, sentence, clause or phrase in this resolution is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this resolution.
Resolution 137-21 RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF TAXES
WHEREAS, United Telephone Co NJ was partially exempt from Business Personal Property Tax (BPPT) until 2020, when it became fully exempt per state law; and
WHEREAS, they paid property tax for the first two quarters of 2020, and thereafter the full exemption was retroactive to January 1, 2020 in the amount of $11.48, creating an overpayment on the account; and
WHEREAS, they now have no tax liability so the overpayment should be refunded.
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, that a warrant be drawn to the property owner named below in the designated amount representing an overpayment of taxes, as follows:
Homeowner Information:
Block Lot Qual Name & Address Tax Year Amount
90001 2 United Telephone Co NJ c/o Tax Dept 2020 $11.48
P.O. Box 2599
Olathe, Kansas 66063
Resolution 138-21 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. 2020-014, representing 2019 property taxes and/or utility charges on Block 11501, Lot 2, C0081, known as 581 Dell Pl, assessed to Nascimento, Jacquelyn M. 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: Pro Cap 8, LLC.
US Bank Cust for Pro Cap 8
50 South 16th St, Suite 2050
Philadelphia, PA 19102
Redemption Amount: Tax Title Lien #2020-014 and
Interest to Date of Meeting $ 2,075.22
Premium Paid by Lienholder 800.00
Total From Current Fund: $ 2,075.22
Total From Tax Premium Account 800.00
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Stanhope, County of Sussex, State of New Jersey, that the Borough Treasurer be authorized to prepare the necessary check as stated above and to forward same to the lien holder.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Borough Chief Financial Officer/Tax Collector.
Resolution 139-21 RESOLUTION OF THE MAYOR AND COUNCIL AUTHORIZING ADVERTISEMENT FOR RECEIPT OF BIDS FOR THE RECLAMATION AND RESURFACING OF HIGHLAND AVENUE, BAKER PLACE AND NORTH CENTRAL AVENUE
WHEREAS, the Mayor and Council have determined that road reclamation and resurfacing is necessary for Highland Avenue, Baker Place and North Central Avenue; and
WHEREAS, the Borough Engineer has prepared engineering documents related to the reclamation and resurfacing of Highland Avenue, Baker Place and North Central Avenue;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey hereby authorize the advertisement for the receipt of bids for the reclamation and resurfacing of Highland Avenue, Baker Place and North Central Avenue.
Resolution 140-21 RESOLUTION OF THE MAYOR AND COUNCIL AUTHORIZING ADVERTISEMENT FOR RECEIPT OF BIDS FOR BAKER PLACE WATER SYSTEM IMPROVEMENTS
WHEREAS, the Mayor and Council have determined that improvements are necessary to the replace and upgrade portions of the water system located in Baker Place; and
WHEREAS, the Borough Engineer has prepared construction documents related to the replacement and upgrade of the water system located in Baker Place;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey hereby authorize the advertisement for the receipt of bids for the Brooklyn Road and Baker Place Water System Improvements.
On motion by Councilwoman Kuncken, seconded by Councilman Wronko and unanimously carried by the following roll call vote, the foregoing resolutions were duly adopted.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
PAYMENT OF BILLS
Resolution 141-21 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 June 22, 2021 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
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
ATTORNEY’S REPORT
Jonathan Frodella, Borough Attorney, stated the litigation between O’Bitz vs. Juntos Holdings, where the Borough of Stanhope was listed as a defendant had a court hearing, mediation and has been settled. No payment or action will be taken against the Borough.
CITIZENS TO BE HEARD
Mayor Zdichocki 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 Zdichocki closed the public portion of the meeting.
COUNCIL DISCUSSION
Construction Department Habitability Work Project Request – Administrator McNeilly stated during the State of Emergency, the Construction Department had an issue with the habitability inspections for the rental properties. Traditionally, letters are sent out to the rental property owners who in turn complete the paperwork and submit the payment for the annual inspection to be scheduled. Last year, the process started but it was stalled due to COVID. The Construction Official is requesting a block of time, consisting of ten hours, for someone, outside of normal work hours, to prepare all the paperwork which has stacked up. There are already two extra hours provided to the Construction Department to be utilized when needed. Over the past year, those hours were not utilized. Those hours were approved by a resolution which provides for only two hours per week. This request is for a ten-hour period all at one time. A resolution can be prepared for the next scheduled meeting if the governing body agrees. The work would be scheduled for sometime in August. Mayor Zdichocki stated she is of the opinion the funds were not utilized last year and this is a necessity. Mayor Zdichocki asked the governing body for any questions.
On motion by Councilman Riccardi, seconded by Councilman Wronko and unanimously carried by the following roll call vote, approval was granted for the Construction Department to utilize an additional ten hours, outside of normal business hours, to process the paperwork for the annual habitability inspections.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Wronko – yes
Councilman Romano – yes
Councilman Vance – yes
ADJOURNMENT
On motion by Councilwoman Kuncken, seconded by Councilman Romano, and unanimously carried by voice vote the meeting was adjourned at 7:45 P.M.
Approved: Linda Chirip
Deputy Clerk for
Ellen Horak, RMC
Borough Clerk