MAYOR AND COUNCIL
WORK SESSION AND AGENDA MEETING
May 10, 2022
7:00 P.M.
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CALL TO ORDER
SALUTE TO COLORS
Council President Kuncken 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 5, 2022 and was placed on the Official Bulletin Board in the Municipal Building and on the official website of the Borough of Stanhope.
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 Vance – present
Councilman Romano – present (arrived 7:06pm)
Councilman Wronko – present
Mayor Zdichocki – absent
ENGINEER’S REPORT
Council President Kuncken invited Eric Keller, Borough Engineer to come forward to present his report.
Kelly Place & Furnace Street Project – Mr. Keller stated the Kelly Place and Furnace Street Project is being closed out. A response is still needed from NJDOT on the pavement penalty. Mr. Keller stated he has sent emails but no response has been received. Mr. Keller will attempt to contact them by telephone.
TAP Grant – Mr. Keller stated the TAP Grant Project also needs to be closed out. Mr. Keller stated he has reached out to GPI but a response has not been received to date. Council President Kuncken asked Mr. Keller to provide a written report once the project is complete. Administrator McNeilly stated there are still some punch list items to be addressed and the NJDOT still has to release the final funds.
Local Aid Grant – Mr. Keller stated there is another Local Aid Grant coming up. This year the Valley Road and Delaware Avenue Project is scheduled. Next year, the Sagamore Road and Spencer Street Project, which was last year’s grant, will be done. The 2024 grant application has to be submitted in approximately two months. That project still has to be determined.
Sunset Avenue & Ridge Road Project – Mr. Keller stated the water project for Sunset Avenue and Ridge Road will be covered by the check from the Congressional FY2023 Community Grant. The second phase for this project, which has been discussed in the past, is the reconstruction of the roadways. The plan is to be able to complete this portion of the project next year. Mr. Keller stated he has discussed this project with the Administrator and they are of the opinion the project can be covered with the balance of the Congressional Community Grant and the CARES Act Funding. The road reconstruction would be a reclamation project similar to what was done in the Port Morris section of the Borough. Mr. Keller shared a highlighted map of the roadways in the Borough. The roads highlighted in yellow are ones which have been done over the years. The highlighted orange roads are on the next two cycles for Local Aid. The green highlights are Elizabeth Avenue which is going to be funded by the Borough and the Sunset Avenue and Ridge Avenue project will be done with the grant funding. The map indicates that a great deal of work has been done within the Borough, most of this has been done from 2006 to present. Council President Kuncken stated it is very impressive to see all that has been done. Mr. Keller stated the New Street project was the last one done by Mr. Keller’s predecessor many years ago. One of the first projects done by Mr. Keller was Elm Street and the following year it was Grove Road. Mr. Keller stated he drove through this area tonight. These roads were done 14-15 years ago and in 2024, there will be two more years added to this timeframe. Mr. Keller is of the opinion this area should be redone. The project was received favorably by the NJDOT 15 years ago for a Local Aid Grant. Council President Kuncken stated the area is heavily traveled. Mr. Keller stated last time the area needed a great deal of work. This time the area needs more cosmetic repairs to the surface. Mr. Keller’s recommendation for consideration is to redo Elm Street, Grove Road, and the cul-de-sac which is the extension of Elm Street. The only other roads which have not been done are Crestview Drive, Towpath Lane and Lenape Woods. None of these areas are ready for NJDOT funding. They will have to be done through the co-op. Council President Kuncken stated the positive aspect for getting funding for Elm Street is the school location and it completes the neighborhood. Delaware Avenue, Valley Road and Sagamore Road are being done. Mr. Keller stated we have done Oak Drive and Hickory Drive from the Borough’s funding. Administrator McNeilly stated the water pipes will be going in during 2022 through Overhill Road, Sunset Avenue and Ridge Road. New surfaces will be in place for all those roads as well. Administrator McNeilly asked Mr. Keller to prepare the request as soon as possible for submission.
Traffic Study – Council President Kuncken asked Mr. Keller for an update on the Traffic Study Proposal. Mr. Keller stated he is trying to obtain a reasonable quote. Administrator McNeilly stated the funding for the study will have to work within the budget which is in place. The funds will have to come from general engineering, and the governing body will have to acknowledge that no other engineering projects will be done for the remainder of the year, or the study cannot be done. Council President Kuncken stated she is of the opinion, from her discussions with the Police Chief, that the study has to be done and the Borough has no choice. Mr. Keller stated the Police Chief has indicated that the study has to be done based upon rules and regulations which he has to follow. Council President Kuncken stated the governing body will leave this in the hands of the Administrator and the Engineer.
Water System Project for Ridge Road, Overhill Road, Sunset Avenue and Mountain – Administrator McNeilly stated he and Mr. Keller will be starting to prepare the plan for the water system project for Ridge Road, Overhill Road, Sunset Avenue and Mountain. The Borough has not received official confirmations to date.
ADMINISTRATOR’S REPORT
Fire Department Bucket Drop Request – Administrator McNeilly stated he received an email this afternoon from the Fire Department requesting permission to conduct their annual bucket drop. The Fire Department cannot apply to the state until they have a resolution granting permission from the governing body. The dates requested are for July 8th, 9th and 10th from 8:00am to 8:00pm with rain dates of July 15th, 16th and 17th. The locations requested are at the signal-controlled intersection of Route 183 and County Route 602 and, if staffing allows, on Linden Avenue between Route 183 and McKinley Street and also on Stanhope Sparta Road near the intersection of Brooklyn Road. Council President Kuncken stated Saturday, July 9th is Family Fun Day and the Fire Department usually participates in that event. Discussion took place regarding the timing of the request and the paperwork required. Administrator McNeilly stated the resolution will be prepared for the next mayor and council meeting.
Stanhope Mountain Property – Administrator McNeilly stated the Stanhope Mountain property has apparently been sold to another company. Test boring samples are currently being taken.
Cannabis Restrictions – Administrator McNeilly stated he has received some emails and telephone calls regarding the Borough’s cannabis restrictions 1-6. There is someone interested in using the COMPAQ property for uses 1 and 2. Administrator McNeilly stated he has explained to this party that the Borough still has the restrictions in place at this time. Stanhope, and anyone who is in a receivership situation with the Musconetcong Sewerage Authority, is in a retail sewer service area only. There can be no discharge into the sewer system other than sinks and toilets. Nothing that comes off of the product can go into the sewer system. Administrator McNeilly stated he just wanted to make the governing body aware of the options available in case there is an interest.
Ordinance 2022-07 Acquisition of Property – Administrator McNeilly stated there is an ordinance on tonight’s agenda for the governing body to accept the donation of a 40’ x 100’ lot located off of Delaware Avenue in the woods. This property is right on the side of the path behind Polwin’s house. It is a dry lot and a desired lot due to the fact the Borough owns other lots in the area. This property has passed it’s planning search and there are no issues. There are two other properties in that area under consideration.
NJ Natural Gas – Administrator McNeilly stated NJ Natural Gas has already submitted a road opening permit to the Borough. They have done a test bore on the skinny part of Furnace Street. The permit application was reviewed by the Administrator, Borough Engineer and the DPW Superintendent, who is responsible for signing off on the permit. Administrator McNeilly stated he informed Isolatek that the gas company would be doing work in the area.
Mid-Block Crosswalks – Administrator McNeilly stated the State of NJ is preparing for a project which will involve mid-block crosswalks. There are 9 locations within the state which will be part of the project. One of these locations is on Route 183 in Stanhope at the American Legion Post. A letter has been received along with a questionnaire to be filled out which should list any type of existing facilities at this location. Mr. Keller, Borough Engineer, has completed the questionnaire for the Borough. Administrator McNeilly stated he is of the opinion it will be several years before the Borough will see any changes made to the area. Mr. Keller stated the state will have to conduct a study of the area and then formulate a design plan which would then be sent out to bid. Council President Kuncken stated this is interesting and it would be a great benefit if it happens. Administrator McNeilly stated years ago a representative from NJDOT examined the area and stated the speed limit on Route 183 was too high for a mid-block crosswalk. Administrator McNeilly stated he will make sure that Stanhope receives the same type of crosswalk that the other towns receive.
NJ Natural Gas – Councilman Riccardi asked if NJ Natural Gas has stated when they will be sending information out to the residents. Administrator McNeilly replied at this time they are only conducting the testing.
Cannabis Restrictions – Councilman Thornton asked Administrator McNeilly, with regard to the COMPAQ issue, if a developer has contacted the Borough regarding 34 Bank Street. Administrator McNeilly stated no one has contacted him.
WORK SESSION
Council President Kuncken asked the governing body if there were any issues to discuss for the work session. There were none.
OLD BUSINESS
ORDINANCES
Council President Kuncken offered the following ordinances for Public Hearing and Final Adoption which were read by title.
Ordinances for Public Hearing and Final Adoption
Ordinance 2022-04 CAPITAL ORDINANCE APPROPRIATING $26,987.00 FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY
BE IT ORDAINED by the Borough Council of the Borough of Stanhope, in the County of Sussex, New Jersey, AS FOLLOWS;
Section 1. The several improvements described in Section 3 of this capital ordinance are hereby respectively authorized as general improvements to be made or acquired by the Borough of Stanhope, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sums being inclusive of all appropriations heretofore made therefore and amounting in the aggregate to $26,987.00 which has heretofore been set aside for the improvement or purpose stated in Section 3 and now available therefore by virtue of provision in a previously adopted budget or budgets of the Borough for capital improvement purposes.
Section 2. For the financing of said improvements or purposes and to meet the part of said $26,987.00 appropriations, the Borough will use $26,987.00 from the General Capital Improvement Fund, as described in Section 3.
Section 3. The improvements hereby authorized and the several purposes for the allocation of which said obligations are to be spent, the appropriation made for an estimated cost of each such purpose, and the estimated maximum amount of funds to be spent for each such purpose, are respectively as follows:
General Capital Improvement Fund:
Fire Department – Equipment purchase, including personal
protective equipment & gear ……………………………………………….. $10,957.00
Police Department& Traffic Safety Equipment, including
Portable speed signs ………………………………………………………… $ 6,530.00
Shade Tree Commission- Planting Supplies, including trees
& all related planting costs ……………………………………………………$ 9,500.00
All the aforestated improvements or purposes where applicable, are in accordance with specifications on file in the office of the Borough Clerk, which specifications are hereby approved.
Section 4. The following additional matters are hereby determined, declared, recited and stated:
- The said purposes described in Section 3 of this capital ordinance are capital expenses and are each a property or improvement that the Borough may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specifically assessed on property specially benefited thereby.
- The average period of usefulness of said purposes within the limitations of said Local bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed by this capital ordinance, is five (5) years.
Section 5. This capital ordinance shall take effect ten (10) days after the publication thereof after final adoption.
On motion by Councilman Thornton, seconded by Councilman Vance and unanimously carried by the following roll call vote, the foregoing ordinance was adopted.
Council President Kuncken opened the meeting to the public for questions or comments on this ordinance only. Seeing no one from the public wishing to speak, Council President Kuncken closed the public portion of the meeting.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Vance – yes
Councilman Romano – yes
Councilman Wronko – yes
On motion by Councilman Romano, seconded by Councilman Vance, and unanimously carried by voice vote, the Council President and Council instructed the Clerk to post the ordinance and authorized publication of same.
Ordinance 2022-05 BOND ORDINANCE APPROPRIATING $521,325, AND AUTHORIZING THE ISSUANCE OF $323,120 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:
Section 1. The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized as general improvements to be made or acquired by The Borough of Stanhope, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sums, except as described in said Section 3, being inclusive of all appropriations heretofore made therefor and amounting in the aggregate to $521,325 including the aggregate sum of $17,005 as the several down payments for said improvements or purposes required by law and more particularly described in said Section 3 and now available therefor by virtue of provision in a previously adopted budget or budgets of the Borough for down payment or for capital improvement purposes and including also, in the case of the improvement or purpose described in paragraph (b) of said Section 3, the sum of $181,200 received or expected to be received by the Borough from the New Jersey Department of Transportation as a grant-in-aid of financing said improvements to Valley Road and Delaware Road.
Section 2. For the financing of said improvements or purposes and to meet the part of said $521,325 appropriations not provided for by application hereunder of said down payments and grant, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $323,120 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in a principal amount not exceeding $323,120 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.
Section 3. The improvements hereby authorized and the several purposes for the financing of which said obligations are to be issued, the appropriation made for and estimated cost of each such purpose, and the estimated maximum amount of bonds or notes to be issued for each such purpose, are respectively as follows:
(a) Acquisition by purchase of new and additional equipment, including one (1) leaf trailer for use by the Department of Public Works of the Borough, together with all equipment, appurtenances and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved
APPROPRIATION AND ESTIMATED COST $89,250
ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES $84,788
(b) Improvement of various roads in and by the Borough by the construction or reconstruction therein of roadway pavements at least equal in useful life or durability to a roadway pavement of Class B construction (as such term is used or referred to in Section 40A:2-22 of said Local Bond Law) including, without limitation, Valley Road, Delaware Road and Elizabeth Avenue, together with all structures, appurtenances, milling, curb and sidewalk reconstruction, drainage improvements, equipment, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved, the $432,075 hereby appropriated therefor being inclusive of the sum of $181,200 received or expected to be received by the Borough from the New Jersey Department of Transportation as a grant-in-aid of financing said improvements to Valley Road and Delaware Road.
APPROPRIATION AND ESTIMATED COST $432,075
ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES $238,332
Totals:
APPROPRIATION AND ESTIMATED COST $521,325
ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES $323,120
Except as otherwise stated in paragraph (b) above with respect to the said $181,200 grant-in-aid of financing the purpose described in said paragraph, the excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the said down payment for said purpose.
Section 4. The following additional matters are hereby determined, declared, recited and stated:
- The said purposes described in Section 3 of this bond ordinance are not current expenses and each is a property or improvement which the Borough may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
- The average period of usefulness of said purposes within the limitations of said Local Bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 11.31 years.
- The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Borough as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $323,120, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.
- Amounts not exceeding $50,000 in the aggregate for interest on said obligations, costs of issuing said obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of said Local Bond Law may be included as part of the costs of said improvements and are included in the foregoing estimate thereof.
Section 5. The funds from time to time received by the Borough on account of the grant referred to in Section 1 of this bond ordinance shall be used for financing the improvement or purpose described in Section 3(b) of this bond ordinance by application thereof either to direct payment of the costs of said improvement or purpose, or to payment or reduction of the authorization of the obligations of the Borough authorized by this bond ordinance. Any such funds so received may, and all such funds so received which are not required for direct payment of such costs shall, be held and applied by the Borough as funds applicable only to the payment of obligations of the Borough authorized by this bond ordinance.
Section 6. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer, provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale at not less than par and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Borough at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.
Section 7. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of said obligations and interest thereon without limitation of rate or amount.
Section 8. The capital budget or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.
Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.
On motion by Councilman Vance, seconded by Councilman Thornton and unanimously carried by the following roll call vote, the foregoing ordinance was adopted.
Council President Kuncken opened the meeting to the public for questions or comments on this ordinance only. Seeing no one from the public wishing to speak, Council President Kuncken closed the public portion of the meeting.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Vance – yes
Councilman Romano – yes
Councilman Wronko – yes
On motion by Councilman Romano, seconded by Councilman Riccardi, and unanimously carried by voice vote, the Council President and Council instructed the Clerk to post the ordinance and authorized publication of same.
Ordinance 2022-06 BOND ORDINANCE PROVIDING FOR THE IMPROVEMENT OF THE WATER SUPPLY AND DISTRIBUTION SYSTEM IN AND BY THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY, APPROPRIATING $687,540 THEREFOR AND AUTHORIZING THE ISSUANCE OF $10,540 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH APPROPRIATION.
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF STANHOPE, IN THE COUNTY OF SUSSEX, NEW JERSEY (not less than two‑thirds of all the members thereof affirmatively concurring), AS FOLLOWS:
Section 1. The improvement described in Section 3 of this bond ordinance is hereby authorized as a general improvement to be made or acquired by The Borough of Stanhope, New Jersey. For the said improvement or purpose stated in said Section 3, there is hereby appropriated the sum of $687,540, said sum being inclusive of all appropriations heretofore made therefor and including the sum of $677,000 received or expected to be received by the Borough from the FY2022 Congressional Community Funded Projects as a grant-in-aid of financing said improvement.
Section 2. For the financing of said improvement or purpose and to meet the part of said $687,540 appropriation not provided for by application hereunder of said grant, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $10,540 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvement or purpose, negotiable notes of the Borough in a principal amount not exceeding $10,540 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.
Section 3. (a) The improvement hereby authorized and purpose for the financing of which said obligations are to be issued is the improvement of the water supply and distribution system in and by the Borough, including by the installation and rehabilitation of water mains in and along various roads, together with all the aforesaid all site work, structures, appurtenances, engineering, surveys, equipment, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved.
(b) The estimated maximum amount of bonds or notes to be issued for said purpose is $10,540.
(c) The estimated cost of said purpose is $687,540, the excess thereof over the said estimated maximum amount of bonds or notes to be issued therefor being the amount of the said $677,000 FY2022 Congressional Community Funded Projects grant.
Section 4. The following additional matters are hereby determined, declared, recited and stated:
(a) The said purpose described in Section 3 of this bond ordinance is not a current expense and is a property or improvement which the Borough may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.
(b) The period of usefulness of said purpose within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is forty (40) years.
(c) The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Borough as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $10,540, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.
(d) An aggregate amount not exceeding $65,000 for interest on said obligations, costs of issuing said obligations and other items of expense listed in and permitted under section 40A:2-20 of said Local Bond Law may be included as part of the cost of said improvement and is included in the foregoing estimate thereof.
(e) This bond ordinance authorizes obligations of the Borough solely for purposes described in paragraph (h) of section 40A:2-7 of said Local Bond Law, and the said obligations authorized by this bond ordinance are to be issued for a purpose which is self-liquidating within the meaning and limitations of section 40A:2-45 of said Local Bond Law and are deductible, pursuant to paragraph of (c) of section 40A:2-44 of said Local Bond Law, from the gross debt of the Borough.
Section 5. The funds from time to time received by the Borough on account of the grant referred to in Section 1 of this bond ordinance shall be used for financing the improvement or purpose described in Section 3 of this bond ordinance by application thereof either to direct payment of the costs of said improvement or purpose, or to payment or reduction of the authorization of the obligations of the Borough authorized by this bond ordinance. Any such funds so received may, and all such funds so received which are not required for direct payment of such costs shall, be held and applied by the Borough as funds applicable only to the payment of obligations of the Borough authorized by this bond ordinance.
Section 6. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer, provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale at not loss than par and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Borough at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.
Section 7. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Borough, and, unless paid from revenues of the water supply and distribution system of the Borough, the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of said obligations and interest thereon without limitation of rate or amount.
Section 8. The capital budget or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.
Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.
On motion by Councilman Riccardi, seconded by Councilman Vance and unanimously carried by the following roll call vote, the foregoing ordinance was adopted.
Council President Kuncken opened the meeting to the public for questions or comments on this ordinance only. Seeing no one from the public wishing to speak, Council President Kuncken closed the public portion of the meeting.
Roll Call:
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Riccardi – yes
Councilman Vance – yes
Councilman Romano – yes
Councilman Wronko – yes
On motion by Councilman Romano, seconded by Councilman Wronko, and unanimously carried by voice vote, the Council President and Council instructed the Clerk to post the ordinance and authorized publication of same.
NEW BUSINESS
ORDINANCE
Council President Kuncken offered the following ordinance for Introduction and First Reading which was read by title.
Ordinance for Introduction and First Reading [Public Hearing on May 24, 2022]
Ordinance 2022-07 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY IN ACCCORDANCE WITH THE NEW JERSEY LOCAL LANDS AND BUILDINGS LAW, N.J.S.A. 40A:12-1, ET SEQ.
WHEREAS, the Stanhope Borough Mayor and Council desires to accept the donation of real property within the Borough located at Valley Road, designated as Block 10807, Lot 14 on the Stanhope Borough Tax Map for public purposes; and
WHEREAS, the Local Lands and Buildings Law, N.J.S.A. 40A:12-1, et seq., authorizes the acquisition of real property for public purposes.
NOW, THEREFORE, BE IT ORDAINED by the Stanhope Borough Mayor and Council, that the Borough is hereby authorized to acquire the vacant lot known as Block 10807, Lot 14 on the Stanhope Borough Tax Map from the donor, John Magliaro.
BE IT FURTHER ORDAINED, that the Mayor and Borough Clerk are authorized to sign the acquisition documents in order to complete the acceptance of the donation, upon the approval of the form of such documents by the Borough Attorney. Title being conveyed shall be by Bargain and Sale Deed with covenants against Grantor’s Act in a form acceptable to the Borough Attorney.
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 inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.
Effective Date. This ordinance shall take effect immediately; however, it shall be void in the event the parties do not execute a formal purchase contract.
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 Vance – yes
Councilman Romano – yes
Councilman Wronko – yes
On motion by Councilman Vance, seconded by Councilman Wronko, and unanimously carried by voice vote, the Council President and Council instructed the Clerk to post the ordinance and authorized publication of same.
Council President Kuncken offered the following resolutions which were read by title.
Resolution 101-22 RESOLUTION TO AMEND 2022 BUDGET TO INCLUDE 2022 ALTICE PEG 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 $6,000.00 from Altice for the 2022 Altice PEG Access Grant, and
WHEREAS, the Borough of Stanhope now wishes to amend its 2022 budget to include the additional grant funds approved of $6,000.00 as a revenue.
NOW THEREFORE, BE IT RESOLVED that the Council of the Borough of Stanhope does hereby request the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2022 in the sum of $6,000.00, 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: 2022 Altice PEG Access Grant, and
BE IT FURTHER RESOLVED that a like sum of…………………………$6,000.00
be and the same is hereby appropriated under the caption of:
General Appropriations
- Public and Private Programs Offset by Revenues:
2022 Altice PEG Access Grant, and
BE IT FURTHER RESOLVED that the Chief Financial Officer submit one copy of the Chapter 159 certification form to the Director of Local Government Services.
On motion by Councilman Riccardi, seconded by Councilman Wronko 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 Vance – yes
Councilman Romano – yes
Councilman Wronko – yes
Resolution 102-22 RESOLUTION TO AMEND BUDGET TO INCLUDE 2022 NMC CAB 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 $5,000.00 from the Newton Medical Center Community Advisory Board (NMC CAB) for the purchase of Narcan; and
WHEREAS, the Borough of Stanhope now wishes to amend its 2022 budget to include the additional grant funds approved of $5,000.00 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 2022 in the sum of $5,000.00, 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: 2022 NMC CAB Grant, and
BE IT FURTHER RESOLVED that a like sum of…………………………$5,000.00
be and the same is hereby appropriated under the caption of:
General Appropriations
(A) Public and Private Programs Offset by Revenues:
2022 NMC CAB 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 Wronko, 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 Vance – yes
Councilman Romano – yes
Councilman Wronko – yes
Resolution 103-22 RESOLUTION AUTHORIZING A CONTRACT WITH REALAUCTION.COM, LLC FOR THE PURPOSE OF CONDUCTING MUNICIPAL TAX LIEN SALES FOR 2022 PUSUANT TO N.J.S.A. 54:5-19.1
WHEREAS, N.J.S.A. 54:5-19.1 authorizes electronic tax sales pursuant to rules and regulations to be promulgated by the Director of the Division of Local Government Services, and
WHEREAS, the Director of the Division of Local Government Services has approved RealAuction.com to conduct electronic tax sales in the State of New Jersey along with participating Counties and Municipalities, and
WHEREAS, an electronic tax sale is innovative and provides a greater pool of potential lien buyers, thus creating the environment for a more complete tax sale process, and
WHEREAS, RealAuction.com has supplied a contract to provide electronic tax sales services, which contract is attached hereto and made a part hereof by reference, and
WHEREAS, Stanhope Borough wishes to participate in an electronic tax sale in 2022 and to award a contract for such services to RealAuction.com, LLC as a vendor which has been determined to have complied with the statutory provisions necessary to supply such services.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Stanhope that the Tax Collector is hereby authorized to participate in an electronic tax sale and submit same to the Director of the Division of Local Government Services if necessary.
NOW, THEREFOR, BE IT FURTHER RESOLVED, by the Borough Council of the Borough of Stanhope, County of Sussex, New Jersey, that the Borough is hereby authorized to enter into a contract with RealAuction.com, LLC, located at 861 SW 78th Avenue, Suite 102, Plantation, Florida 33324 for a term of one (1) year, subject to the availability of funds.
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 Vance – yes
Councilman Romano – yes
Councilman Wronko – 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 104-22 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. 2020-009, representing 2019 property taxes and/or utility charges on Block 11204, Lot 10 known as 25 Kelly Pl, assessed to Mary A. Peterson, 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: M & P Retirement Plan
PO Box 2051
Morristown, NJ 07962-2051
Redemption Amount: Tax Title Lien #2020-009 and
Interest to Date of Meeting $ 3,036.41
Premium Paid by Lienholder 0.00
Total From Current Fund: $ 3,036.41
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 105-22 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. 2021-007 representing 2020 property taxes and/or utility charges on Block 11402, Lot 43 known as 89-91 State Route 183, assessed to Matthew Sichko, 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: Trystone Capital Assets, LLC
PO Box 1030
Brick, NJ 08723
Redemption Amount: Tax Title Lien #2021-007 and
Interest to Date of Meeting $ 2,510.15
Premium Paid by Lienholder 1,500.00
Total From Current Fund: $ 2,510.15
Total From Tax Premium Account 1,500.00
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 106-22 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. 2021-014 representing 2020 property taxes and/or utility charges on Block 11701, Lot 17 known as 189 Stonegate Ln, assessed to Constance Ferris, 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
2500 McClellan Ave, Suite 200
Pennsauken, NJ 08109
Redemption Amount: Tax Title Lien #2021-014 and
Interest to Date of Meeting $ 966.64
Premium Paid by Lienholder 1,900.00
Total From Current Fund: $ 966.64
Total From Tax Premium Account 1,900.00
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.
On motion by Councilman Romano, seconded by Councilman Riccardi 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 Vance – yes
Councilman Romano – yes
Councilman Wronko – yes
Mayor’s Acceptance of Resignation
Resolution 107-22 MAYOR’S ACCEPTANCE OF THE RESIGNATION OF Jennifer Diletto FROM THE STANHOPE Recreation Commission WITH COUNCIL CONCURRENCE
BE IT RESOLVED by the Council of the Borough of Stanhope that they do hereby concur with the Mayor’s acceptance of Jennifer Diletto’s resignation as an appointed member on the Recreation Commission, effective immediately.
On motion by Councilman Vance, seconded by Councilman Riccardi and unanimously carried by voice vote, the foregoing resolution was duly adopted.
PAYMENT OF BILLS
Resolution 108-22 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 May 10, 2022 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 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 Vance – yes
Councilman Romano – yes
Councilman Wronko – yes
AGENDA ITEMS
All items listed on the Agenda for May 24, 2022 were approved.
CITIZEN’S TO BE HEARD
Council President Kuncken opened the meeting to the public after advising attendees that there is a five (5) minute time limit for each speaker.
Mary Monteiro Azagra, President of the Stanhope Senior Citizens, stated she is representing the Senior Citizens this evening. Mrs. Monteiro Azagra stated a meeting was held several months ago and the Seniors were informed that there is a budget amount of $3,000 for the Seniors from the Borough. This amount has not increased in years but, costs have increased. The Seniors were told that if the membership is less than 55 members, the amount of $55 per member would be deducted for each empty space. Currently, there are 47 members. There are members in the club who are not Stanhope residents. The Seniors have joined with Mt. Olive to be able to go on trips. Mt. Olive provides transportation. Mrs. Monteiro Azagra stated the Seniors pay $400 per year to the American Legion for the use of the meeting room. The cost to rent a bus for a trip is $1,300. Mrs. Monteiro Azagra stated she is asking for more money from the Borough because what they are receiving is not enough and taking money away is not fair and she is of the opinion this town does nothing for the Seniors. Council President Kuncken stated the budget for 2022 is $3,000. A meeting was held several months ago and discussion took place regarding the fact that there are members from out of town. The Borough has a policy that it will not provide money for people from out of town. The funds provided to the Seniors are based on the number of Stanhope members. The funding for the Little League is provided in the same way. The Little League provides a roster and the money they receive is based on the number of Stanhope children participating, not the children from Netcong or somewhere else. This is our procedure for all organizations based on membership. The budget for 2022, for the Stanhope Seniors, is $3,000. The budget is done and was adopted at the last meeting. This is the budget the Borough must operate under for the year 2022. The governing body will not and cannot make changes to the budget. Mrs. Monteiro Azagra asked how she is supposed to increase the membership. Council President Kuncken stated, at the previous meeting, the Seniors were asked to submit their roster as of June 1st and the sum of $60 per member will be paid to the Seniors Club not to exceed $3,000. Councilwoman Kuncken stated the Seniors could ask to have a flyer placed in the water/sewer bill stating they are looking for members.
Seeing no one further from the public wishing to speak, Council President Kuncken closed the public portion of the meeting.
ADJOURNMENT
On motion by Councilman Romano, seconded by Councilman Wronko and unanimously carried by voice vote the meeting was adjourned at 7:43 P.M.
Approved:
Linda Chirip
Deputy Clerk for
Ellen Horak, RMC
Borough Clerk