MAYOR AND COUNCIL

REGULAR MEETING

November 22, 2016 at 6:00 P.M.

CALL TO ORDER

SALUTE TO COLORS
Mayor Maio invited all those present to stand in a salute to the colors.

MAYOR’S STATEMENT AS TO COMPLIANCE WITH P.L. 1975
Adequate Notice of this Meeting has been provided according to the Open Public Meetings Act, Assembly Bill 1030. Notice of this Meeting was included in the Annual Meeting Notice sent to the New Jersey Herald and the Daily Record on January 6, 2016 and was placed on the Official Bulletin Board in the Municipal Building.

Furthermore, notice of the meeting time change was forwarded to the New Jersey Herald and Daily Record on October 13, 2016 and was placed on the Official Bulletin Board in the Municipal Building.

In the event the Mayor and Council have not addressed all items on this Agenda by 11:00 PM and they are of the opinion that they cannot complete the Agenda in a reasonable time period, the Mayor and Council may exercise their option to continue this meeting at an agreed to date, time and place within ten (10) days of this meeting. Please turn off all cell phones for the duration of this meeting.

ROLL CALL

Council Members:
Councilman Depew – present
Councilwoman Thistleton – present
Councilwoman Kuncken – present
Councilman Thornton – present
Councilman Romano – present
Councilwoman Zdichocki – absent

Mayor Maio – present

COUNCIL DISCUSSION
2017 Municipal Budget – Mayor Maio stated the CFO has provided updated budget sheets which reflect changes requested by the governing body.

3-d M&C Meetings & Seminars: Line 025 was originally budgeted for $1,925. The governing body had requested the amount be changed to include funding for all seven governing body members to attend the NJ League of Municipalities Conference. The budget should also include the costs for three members to attend the Sussex County League of Municipalities (SCLM) monthly meetings. The line item now shows a budgeted amount of $1,955. The funds for the SCLM meetings need to be added back into the line item. Administrator McNeilly will ask the CFO to add the SCLM costs back into the budget.

4-a Financial Admin : no changes.

4-f Computer Services: $600 has been added for the additional Mayor and Council email addresses. The budget has been changed from $2,520 to $2,905. Administrator McNeilly stated the backup paperwork indicates computer costs are dispersed across three accounts; 50% general, 25% water and 25% sewer.

4-h-1 DOT GOV: Administrator McNeilly stated the Borough’s .GOV domain annual cost, when the budget process began, was $125 per year. An email has been received indicating the annual cost is being increased to $400 per year.

4-i Tax Collector: Line 23 for Tax Bill Costs has been reduced to $1,790 as requested and Line 28 for Tax Sale Costs was supposed to be reduced to $800 but it is now budgeted for $900. Administrator McNeilly stated after the tax sale there were some costs, relative to the cost of the sale, which justify the budget of $900. Mayor Maio stated there is a note from the CFO which states the budget request was adjusted after the tax sale and tax billings and there were supplies which had to be ordered in 2016 which were anticipated for 2017. Mayor Maio asked Administrator McNeilly to find out why the budget request for $800 has increased to $900.

4-k Tax Appeal Funds: The Governing Body had requested $5,000 be added back into the tax appeal funds Line #220. This has been done.

5-a Legal Services: Line item #27 Legal Services: Labor Attorney was to be increased by $15,000 for a total of $26,000. The line item is only budgeted for $15,000. This must be increased to $26,000. Line #24 Engineering Services – COAH Housing/Fair Share $4,000 was to be eliminated. Much discussion took place regarding where the $4,000 should be placed or if it should be eliminated completely. Mr. Stein confirmed funds are still needed for COAH. The decision was made to place $8,000 on Line #23 Legal Services: Litigation and this figure can be readdressed if necessary. Line #24 was eliminated.

5-e Affordable Housing – COAH Planning : Mayor Maio stated this figure will remain as is due to the fact rezoning has been done for the COAH plan and based on the potential for the project in Netcong to move forward, funds will be needed for a Planner.

5-h Zoning Computer Software: Funds were requested for Code Enforcement Software. The CFO has made a notation to see the computer budget.

6-a Insurances: Administrator McNeilly stated some visibility is available regarding the insurances. Figures have been received from JIF. The projected health insurance costs have decreased due to changes in plans and some employees have opted out.

7-b-1 Police: The Police Chief has detailed the costs to outfit an officer should the need arise. The accreditation training costs must now be paid by the Borough. Mayor Maio asked Administrator McNeilly to obtain additional detail regarding the training.

8-c Road Maintenance: The Governing Body had requested Line #40 Licenses and Permits to be reduced. The CFO has reduced this line item by $1,000. Administrator McNeilly stated a follow-up meeting was held with the Infrastructure Committee and DPW. Administrator McNeilly stated Bill Storms, DPW Superintendent, indicated the Borough is in a cycle where some permits come up every few years and this is the year they come due. Mayor Maio asked Administrator McNeilly to obtain the backup detail. Line #65 Uniform costs have been increased over three budgets by $50.

8-h: The CFO was asked to increase the cost of buildings and grounds by $1,000 for repairs to the municipal building. Line 30 Holiday Lighting/Decor has been increased as requested to provide for additional banners. Mayor Maio is of the opinion the budgeted cost is too high. Administrator McNeilly suggested the Community Development Committee review the banner options and obtain a quote.

12-d: The summary indicates the total expenditure has been reduced by $12,887 and change due to the health benefits. Councilwoman Kuncken stated this number will change again due to the funds which have been added back in this evening.

Mayor Maio stated the budget discussion will continue at the December meeting beginning with the utilities. Salaries will also be discussed. Mayor Maio stated a request has been received regarding a salary increase. Mayor Maio asked the Finance and Administration Committee to review the request and make a recommendation at the next meeting. Mayor Maio asked Administrator McNeilly when the CFO will have the revenue figures. Administrator McNeilly stated the figures should become available in January after the year-end figures are available.

CITIZENS TO BE HEARD
Mayor Maio opened the meeting to the public after advising attendees there is a five (5) minute time limit for each speaker.

Seeing no one from the public wishing to speak, Mayor Maio closed this public portion of the meeting.

Mayor Maio amended the agenda and asked Administrator McNeilly to give his report. Administrator McNeilly must leave tonight’s meeting early to attend the MSA meeting. The sewer allocation for Byram Township will be discussed at the MSA meeting.

ADMINISTRATOR’S REPORT
Schuffenhauer Property & 5 Ridge Road – Administrator McNeilly stated the Schuffenhauer property and 5 Ridge Road will be discussed under the Attorney’s Report.

Hydrant Flow Testing – Administrator McNeilly stated the hydrant flow testing is complete. A copy of the report was provided to the Governing Body members. Flow identification tags are being installed. The Fire Department has also received a copy of the report. The efforts put forth with the water system have been excellent. There are very few non-performing hydrants. Any improvements made to Ridge Road, Overhill or Spring area will take care of the red hydrants in that area. The hydrant on Route 206 in front of the Exxon station has a long run from the main to the hydrant and most likely cannot be fixed. The DPW made the colored disks which have been placed on the hydrants as opposed to purchasing them premade in order to save a considerable amount of money. Administrator McNeilly commended the DPW for a job well done.

Lake Musconetcong Loop Trail – Administrator McNeilly stated the Borough of Netcong has requested to allow for Engineer to Engineer discussion regarding the proposed trail system. Additional contact with Councilman Hathaway has also been requested. Councilwoman Kuncken stated in her opinion the project is not to the stage where engineers should be involved. Mayor Maio stated the trails in Netcong are all either existing or on streets. The trails they perceive in Stanhope are in some cases existing and in some cases going through private property. Mayor Maio is of the opinion the Borough should not pursue easements from property owners at this point. Councilwoman Kuncken stated the Borough has been very careful with regard to crossing other people’s property and she is of the opinion the Borough should not be involved in doing so at this time. Mayor Maio suggested Administrator McNeilly inform Netcong that the Governing Body is unclear as to why the engineers should be involved at this time. Administrator McNeilly stated his concern is that the Borough is careful to make sure that contact with the professional’s flows through the Administrator’s office. This request would grant permission for a neighboring town council member and engineer to contact the Borough engineer. There would be no cost containment. The Governing Body members agreed to deny the request. Administrator McNeilly will inform Netcong of the Governing Body’s decision. Administrator McNeilly stated he will inquire as to the involvement of Roxbury Township and Byram Township.

Tax Collection 2015 vs. 2016 – Administrator McNeilly provided a memo from the CFO regarding the tax collection of 2015 compared to 2016.

DPW / Police – Administrator McNeilly stated the Finance and Administration Committee is meeting with the unions for the DPW and the Police Department.

NJ DOT (Access Classification) – Administrator McNeilly stated a traffic speed study has been requested by Stanhope Borough and Byram Township.

Byram Sewer Request – Administrator McNeilly stated the resolution for the Byram sewer request is on tonight’s agenda for consideration. Byram Township has already approved their resolution. The MSA is scheduled to discuss this issue this evening at their meeting.

NJ DOT (Municipal Aid Grant) – Administrator McNeilly stated Eric Keller, Borough Engineer, will provide his recommendations for the Municipal Aid Grant 2017 at the December 13^th meeting.

Red Light/Green Light – Administrator McNeilly stated Mr. Stein is reviewing the Red Light/Green Light agreement prior to its signing. Administrator McNeilly stated payment would be done by the Borough by voucher, not credit card. This issue will be discussed during the Attorney’s Report.

Administrator McNeilly left the meeting at 7:00PM to attend the MSA meeting.

Mayor Maio invited Kyle Richter from the Musconetcong Watershed Association to come forward to set up his presentation.

MINUTES FOR APPROVAL
Mayor Maio read aloud the list of minutes being presented for approval:
October 11, 2016 Work Session/Agenda Meeting & Closed Session
October 25, 2016 Regular Business Meeting & Closed Session

On motion by Councilman Romano, seconded by Councilwoman Kuncken and carried by voice vote the above listed minutes were approved.

CORRESPONDENCE (List Attached)
On motion by Councilman Romano, seconded by Councilman Thornton and unanimously carried by voice vote, the list of correspondence was accepted and ordered placed on file.

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

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

Finance & Administration – Councilman Romano/Councilwoman Kuncken

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

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

Information Technology – Councilmen Depew/Romano

Boards/Commissions – Councilwoman Thistleton/Councilman Depew

PRESENTATION: Musconetcong Watershed Association Presentation
Mayor Maio stated Kyle Richter is here this evening to provide the annual training for stormwater treatment.

Mr. Richter stated he is the Education and Outreach Coordinator for the Musconetcong Watershed Association (MWA). The MWA is a non-profit dedicated to protecting and improving the quality of the Musconetcong River and its watershed, including its natural and cultural resources. Stanhope Borough lies within the watershed. The Musconetcong River flows 42 miles from Lake Hopatcong to the Delaware and is fed many tributaries. It encompasses a 158 square mile drainage area; covers four counties – Hunterdon, Warren, Morris and Sussex; and 25 townships. The Musconetcong River is also part of the national wild and scenic river system. Only four rivers in New Jersey have this designation.

Mr. Richter stated every municipality in New Jersey is required to provide public education on stormwater issues to its residents. The DEP has established a point system. Every town is required to earn 10 points. Tonight’s presentation earns the Borough three points and completes the requirement for the year.

Mr. Richter stated the NJ Department of Environmental Protection Municipal Stormwater Regulation Program was developed in response to the EPA’s Phase II Stormwater Regulations and is part of a national program mandated by the Clean Water Act. Mr. Richter reviewed the rules and requirements for the stormwater regulations which are intended to change the ways municipalities handle stormwater in order to reduce or eliminate what enters our waterways with stormwater runoff.

Mayor Maio thanked Mr. Richter for attending this evenings meeting.

COUNCIL DISCUSSION
2017 Municipal Calendar – Mayor Maio asked for any comments regarding the 2017 calendar. Mayor Maio stated additional information has been added to the calendar regarding the NIXLE program. Ellen Horak, Borough Clerk, stated quotes have been requested.

Holiday Party (December 16^th) – Mayor Maio stated the holiday party is scheduled for Friday, December 16^th. Ms. Horak stated the lunch will be held at Sal’s Pizzeria and the cost is $20 per person.

On motion by Councilman Romano, seconded by Councilwoman Kuncken, and unanimously carried by voice vote, permission was granted to close Borough Hall at 2:00PM on Friday, December 16^th for the annual holiday party.

Former Police Chief – Councilman Depew stated a former Police Chief Nick Grecco from the Borough has passed away. Councilman Depew asked if the Borough had sent flowers or a basket. Mayor Maio asked the Borough Clerk to send a card expressing the Borough’s condolences.

Volunteer Hours – Councilman Thornton stated he was contacted by David Vance who is a college student looking for community services hours. Mr. Vance has requested permission to clean up the area around Musconetcong Park and along the pathway. Mayor Maio stated Mr. Vance also contacted her. Mayor Maio stated she gave Mr. Vance permission to clean up those areas. Mr. Vance had also asked about doing work at the soccer field. Mayor Maio stated she informed Mr. Vance the Borough does not own the soccer field and therefore cannot grant approval for that area. Mayor Maio stated she has informed Administrator McNeilly that Mr. Vance will be working toward community service hours. Councilwoman Kuncken suggested contacting the Ambulance Squad if additional hours are needed.

NJLM Conference – Councilwoman Kuncken stated she, Councilman Romano and Councilman Thornton attended a seminar on finance which was very involved. Councilwoman Kuncken stated it may be a good idea to contact Bob Beinfeld to review where the Borough stands. Councilwoman Kuncken stated they spoke with the company that will be installing the new light fixtures. They stated the lights may be available sooner than expected. Councilwoman Kuncken stated they also met Millennium Strategies. Councilman Romano stated they also spoke with the company that handles data collection/scanning. This subject should be part of the discussion during the capital budget and equipment. Councilman Romano stated the bonding discussion was extremely technical but one area of interest was to look at the bonding cycle not just when you need the money, but when the best time is to get the best rates. Mayor Maio stated Ray Sarinelli has advised this as well. Councilwoman Kuncken and Councilman Thornton stated they looked at various equipment and obtained costs for items requested by the DPW which will be discussed during the capital budget process.

OLD BUSINESS
Mayor Maio offered the following ordinances for Public Hearing and Final Adoption which were read by title:

Ordinances for Public Hearing and Final Adoption

Ordinance 2016-12
AN ORDINANCE OF THE BOROUGH OF STANHOPE, SUSSEX COUNTY, NEW JERSEY AMENDING CHAPTER 32 OF THE CODE OF THE BOROUGH OF STANHOPE ENTITLED “PERSONNEL POLICIES AND STANDARDS”

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

SECTION 1.

Subsection B of Section 32-3 “Sick Leave” of Article 1 of Chapter 32 of the Code of the Borough of Stanhope is hereby amended to read as follows:

B. The term “immediate family” shall include the following: an employee’s spouse, civil union partner, child, legal ward, grandchild, foster child, parent, legal guardian, grandparent, sibling, present father-in-law, present mother-in-law and other relatives residing in the employee’s household.

SECTION 2.

Subsection I of Section 32-3 “Sick Leave” of Article 1 of Chapter 32 of the Code of the Borough of Stanhope is hereby amended to read as follows:

I. Employees who retire from employment with the borough shall be entitled to compensation for 25% of their accrued sick leave as of the date of retirement based on their regular rates of pay then in effect. Said compensation, however, shall not exceed $15,000.00.

SECTION 3.

All other provisions of Section 32-3 of the Code of the Borough of Stanhope not amended by this Ordinance shall remain in full force and effect.

SECTION 4.

This Ordinance shall take effect upon passage and publication as required by law.

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

Mayor Maio opened this portion of the meeting to the public for discussion on this item only.

Seeing no one wishing to speak, Mayor Maio closed this portion of the meeting.

Roll Call:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

On motion by Councilman Thornton, seconded by Councilwoman Thistleton, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance and authorized publication of same.

Ordinance 2016-13
AN ORDINANCE TO AMEND CHAPTER 110
OF THE CODE OF THE BOROUGH OF STANHOPE ENTITLED “PROPERTIES, VACANT AND ABANDONED” BY AMENDING SUBSECTION 110-4 REGARDING REGISTRATION FEES

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

SECTION 1

Subsection A of Section 110-4 “Fee Schedule” is hereby repealed and is replaced with the following:

The schedule of registration fees for each building shall be as is set forth in Subsection B hereof. The initial registration fee of $250.00 shall be for the period from the date of registration through December 31^st of the initial registration year and shall not be refundable in the event that the property should subsequently become legally occupied during the initial registration year. After the initial registration year or any subsequent renewal year, the owner may apply, in writing, for a prorated refund of the yearly registration fee based upon the date of legal occupancy of the registered property in the event that any property shall become legally occupied.

SECTION 2 – When Effective

This ordinance shall become effective upon final passage and publication as required by law.

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

Mayor Maio opened this portion of the meeting to the public for discussion on this item only.

Seeing no one wishing to speak, Mayor Maio closed this portion of the meeting.

Mayor Maio stated this ordinance amendment is being made at the request of the Zoning Official to address an issue that was originally overlooked.

Roll Call:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

On motion by Councilman Romano, seconded by Councilwoman Kuncken, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance and authorized publication of same.

Ordinance 2016-14
AN ORDINANCE OF THE BOROUGH OF STANHOPE, SUSSEX COUNTY, NEW JERSEY, AMENDING CHAPTER 133 OF THE CODE OF THE BOROUGH OF STANHOPE ENTITLED “VEHICLES AND TRAFFIC” BY PROVIDING FOR ADDITIONAL TIME RESTRICTED TURNS ONTO VALLEY ROAD

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

SECTION 1. Section 133-48, “Schedule XVII: Prohibited Turn at Intersections” is hereby amended to read as follows:

Name of Street	Direction of Travel	Prohibited Turn	At Intersection of
County Route 602	West	Left	Lloyd Avenue
Lloyd Avenue	North	Left	County Route 602
Valley Road	South	No right turn between the hours of 7:30am to 8:30am and 2:30pm to 3:30pm, Monday through Friday or during early dismissal while school is in session.	Valley Road School entrance

SECTION 2. When effective. This ordinance shall take effect upon passage and publication, as required by law.

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

Mayor Maio opened this portion of the meeting to the public for discussion on this item only.

Seeing no one wishing to speak, Mayor Maio closed this portion of the meeting.

Mayor Maio stated the school requested this expansion be made to the existing ordinance.

Nancy Hoyt asked why Lloyd Avenue and County 602 are listed in the ordinance if the change is for the Valley Road School. Mr. Stein stated the first two sections of the ordinance are unchanged by the amendment but leaving them out would have been confusing for the codifier.

Roll Call:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

On motion by Councilman Romano, seconded by Councilman Thornton, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance and authorized publication of same.

NEW BUSINESS

Mayor Maio offered the following ordinance for Introduction which was read by title:

Ordinance for Introduction and First Reading [Public Hearing on December 13, 2016]

Ordinance 2016-15
AN ORDINANCE OF THE BOROUGH OF STANHOPE, SUSSEX COUNTY, NEW JERSEY AMENDING CHAPTER 84 “FIRE PREVENTION” OF THE CODE OF THE BOROUGH OF STANHOPE TO ADD ARTICLE III “FALSE ALARMS”

WHEREAS, various properties in the Borough of Stanhope are equipped with a fire and/or smoke alarm system connected to a central monitoring system so as to elicit a response by the Stanhope Borough Fire Department; and

WHEREAS, the Stanhope Borough Fire Department consists of a completely volunteer force; and

WHEREAS, responding to false alarms creates an undue strain on the volunteer fire department and a waste of municipal resources; and

WHEREAS, the governing body of the Borough of Stanhope wishes to provide for a system of first warnings and then fines for repeated false alarms;

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

SECTION 1.

Chapter 84 “Fire Prevention” of the Code of the Borough of Stanhope is hereby amended and supplemented to add an additional Article III entitled “False Alarms” to read as follows:

84-16 – Applicability

This ordinance shall only apply to fire and/or smoke alarm systems connected to a central monitoring system so as to elicit a response from the Stanhope Borough Fire Department.

84-17 – False Alarm

A false alarm shall be any alarm or signal of an alarm reported through a central monitoring system or through a dial alarm system which has been actuated by inadvertence, negligence, intentional or unintentional act of a person other than an intruder, and including alarms caused by mechanical failure, malfunction or improper installation of the alarm system and related equipment. False alarms shall not include activation caused by power or phone line interruptions, where such interruptions have been reported to the Stanhope Borough Police Department.

84-18 – Maintenance of Fire and/or Smoke Alarms.

All property owners with properties equipped with fire and/or smoke alarms connected to a central monitoring system so as to elicit a response from the Stanhope Borough Fire Department shall maintain said fire and/or smoke alarm systems in good working order at all times to avoid said alarm systems from sending false alarms.

84-19 – False Alarms; Sanctions

A. Action; Penalties

1) In the case of a false alarm, any person having knowledge thereof shall immediately notify the Stanhope Borough Police Department.

2) The Stanhope Borough Fire Department shall, not less than monthly, report in writing all false alarms reported to the Fire Department to the Borough Clerk.

3) For such false alarms, the Borough Council prescribes the following penalties.

a) For a first, second or third false alarm in the same calendar year, a written warning notice;

b) For a fourth false alarm in the same calendar year, a fine of $50.00;

c) For a fifth false alarm in the same calendar year, a fine of $100.00;

d) For a sixth false alarm in the same calendar year, a fine of $200.00;

e) For a seventh and subsequent false alarm in the same calendar year, a fine of $500.00.

f) For a fourth and subsequent false alarm in the same calendar year, the property owner shall provide an advisory letter (dated within 30 days following the date on which the complaint is issued) from a licensed alarm company stating that the system is operating properly. If, however, the property owner fails to provide such advisory letter as provided above, a fine may be imposed by the court up to a maximum of $500 in the court’s discretion.

84-20 – Enforcement

This ordinance shall be enforced by such Borough official or officials as shall be designated by the Governing Body through the issuance of written warning notices, notice to pay penalty and/or summons returnable in the Stanhope Borough Municipal Court.

SECTION 2. – WHEN APPLICABLE

This Ordinance shall take effect on January 1, 2017 after passage and publication as required by law.

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

Roll Call:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

On motion by Councilwoman Thistleton, seconded by Councilman Depew, and unanimously carried by voice vote, the Mayor and Council instructed the Borough Clerk to post the ordinance and authorized publication of same.

RESOLUTIONS

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

Resolution 173-16
Resolution Regarding In Rem Foreclosure

BE IT RESOLVED by the Borough Council of the Borough of Stanhope, Sussex County and State of New Jersey, the Governing Body of the Borough of Stanhope that the Tax Sale Certificates as shown on the attached Tax Foreclosure List now held by the Borough of Stanhope be foreclosed by the summary proceedings IN REM, and as described by New Jersey Statutes R.S. 54:5-104.29 et seq., as amended, and pursuant to the Rules of Civil Practice of the Superior Court of New Jersey.

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

Roll Call:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

Mr. Stein stated he will contact Ellen Horak, Borough Clerk, on Monday to obtain the resolution, the CFO’s certification and affidavit.

Resolution 174-16
PAVEMENT RESTORATION PROJECT PORT MORRIS AREA CONTRACT CHANGE ORDER

THIS CONTRACT CHANGE ORDER made the latter of the two dates on the signature page, between

THE BOROUGH OF STANHOPE, a municipal corporation of the State of New Jersey with municipal offices at 77 Main Street, Stanhope, New Jersey 07874 (hereinafter “Stanhope”); and

BOWMAN CONSULTING GROUP, LTD., with offices located at 54 Horsehill Road, Cedar Knolls, New Jersey 07927; and

WHEREAS, Stanhope heretofore adopted Resolution No. 108-15 to award a Professional Services Agreement to Omland Engineering Associates, Inc. (now Bowman Consulting Group, Ltd.), pursuant to its written proposal of April 17, 2015 in an amount not to exceed $10,500.00; and

WHEREAS, Stanhope by Resolution 097-16 awarded an additional Professional Services Agreement to Bowman Consulting Group, Ltd., for the reclamation of Spring Lane and Lake Street pursuant to its written proposal of May 9, 2016 in an amount not to exceed $5,700.00; and

WHEREAS, the Borough administered the two Professional Services Agreements with Bowman Consulting Group, Ltd. as a unified project; and

WHEREAS, all construction and engineering for both projects is now complete; and

WHEREAS, the final invoice from Bowman Consulting Group, Ltd. exceeded the not to exceed amounts set by the Borough as a result of the need for additional construction period oversight for the Contractor’s performing the work; and

WHEREAS, authorization by way of a Contract Change Order is required for the Borough to complete payment to Bowman Consulting Group, Ltd. for its professional services;

W I T N E S S E T H

That Stanhope and Bowman Consulting Group, Ltd. agree as follows:

1. All of the terms and conditions of the Professional Service Agreements between the Borough and Bowman Consulting Group, Ltd. as authorized in Resolution 108-15 and 097-16 shall remain full force and effect unless specifically modified herein.

2. Stanhope and Bowman Consulting Group, Ltd. agree the Professional Service Agreements referred to hereinabove are in the total amount of $16,200.00. The parties further agree the final billing from Bowman Consulting Group, Ltd. for the two Professional Service Agreements was in the amount of $18,081.25 for an overage of $1,881.25.

3. The Borough and Bowman Consulting Group, Ltd. agree to execute this contract change order to increase the total authorized contract amount for the two Professional Service Agreements to $18,081.25. Bowman Consulting Group, Ltd. agrees that this amount constitutes full payment for its professional services rendered for both Professional Service Agreements.

4. The Borough agrees that it shall pay Bowman Consulting Group, Inc. the additional amount of $1,881.25 in full satisfaction of the Borough’s obligation to Bowman Consulting Group, Ltd. for both Professional Service Agreements.

IN WITNESS WHEREOF, the Borough of Stanhope has caused this Contract Change Order to be signed by Rosemarie Maio, Mayor, attested by Ellen Horak, Borough Clerk and an authorized officer of Bowman Consulting Group, Ltd. has signed this Contract Change Order and agrees to all of its terms and conditions.

On motion by Councilman Romano, seconded by Councilman Depew and unanimously carried by the following roll call vote, the foregoing resolution was duly adopted.

Roll Call:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

Resolution 175-16
RESOLUTION BY THE BOROUGH COUNCIL OF THE BOROUGH OF STANHOPE

PREAMBLE

The Borough of Stanhope is a member of the Musconetcong Sewerage Authority hereinafter referred to as the “MSA.” Stanhope has a total sewerage treatment capacity allocation at the MSA Regional Sewerage Treatment Plant of 541,999 gallons per day. Byram Township has a service contract with the MSA dated April 1, 2004 for 100,000 gallons per day of sewerage treatment capacity at the MSA Plant; although Byram Township is not a member of the MSA.

Stanhope has preliminarily evaluated its future sewerage treatment needs and has determined there is more than 1,450 gallons per day of Stanhope’s allocation not reasonably anticipated to be needed to serve the property within Stanhope’s borders, making said 1,450 gallons available for transfer to other municipalities.

Byram has determined that it reasonably anticipates the need for 1,450 gallons per day of sewerage treatment capacity allocation to serve property within Byram’s borders.

The Stanhope Borough Council therefore agrees to sell and transfer 1,450 gallons per day of Stanhope’s sewerage treatment allocation to Byram Township and Byram Township agrees to purchase and accept the same from Stanhope.

NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Stanhope that it hereby approves the annexed Sewer Capacity Allocation Reservation Agreement with Byram Township.

NOW, THEREFORE BE IT FURTHER RESOLVED that the Mayor and Borough Clerk of the Borough of Stanhope are hereby authorized to sign the annexed Agreement on behalf of the Borough of Stanhope.

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

Roll Call:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

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 176-16
RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING THE ISSUANCE OF RAFFLE LICENSE RA-622

WHEREAS the following Raffle Application with required fees has been submitted for Mayor and Council approval;

Raffle # Applicant Date Type of Game

RA-622 Patriot Wrestling January 18, 2017 Off Premise Raffle

Booster Club, Inc.

and;

WHEREAS said Raffle Application has been provided to the Mayor, Council and Police Department for their review;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, State of New Jersey, the following:

The appropriate officials are hereby authorized to execute the findings and determination for the above application and shall forward same to the Legalized Games of Chance Control Commission (LGCCC) for review.
That the above license shall be issued pending LGCCC approval, pursuant to N.J.A.C. 13.1 et seq.

Resolution 177-16
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. 2016-000, representing 2015 property taxes and/or utility charges on Block 10604, Lot 5, known as 18 Highland Avenue, assessed to Robert D & Susan Morin, 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: US Bank Cust for PC6, Sterling National
50 South 16^th St, Suite 2050
Philadelphia, PA 19102

Redemption Amount: Tax Title Lien #2016-000 and

Interest to Date of Meeting $ 724.11

Premium Paid by Lienholder 0.00

Total From Current Fund: $ 724.11

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 178-16
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. 2013-034, representing 2012 property taxes and/or utility charges on Block 11701, Lot 13.18, C907B, known as 1907B Stonegate Lane, assessed to James Beattie, 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: Tower Fund ACF Ebury Fund 1NJ LLC
P.O. Box 37695
Baltimore, MD 21297-3695

Redemption Amount: Tax Title Lien #2013-034 and

Interest to Date of Meeting $ 4,202.56

Premium Paid by Lienholder 1,100.00

Total From Current Fund: $ 4,202.56

Total From Tax Premium Account 1,100.00

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

Resolution 179-16
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. 2014-012, representing 2013 property taxes and/or utility charges on Block 11007, Lot 19 known as 18 Maple Terrace, assessed to Judy Brown, 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: US Bank Cust for FNA Jersey BOI, LLC
50 South 16^th S, Suite 2050
Philadelphia, PA 19102

Redemption Amount: Tax Title Lien #2014-012 and

Interest to Date of Meeting $ 3,301.34

Premium Paid by Lienholder 1,000.00

Total From Current Fund: $ 3,301.34

Total From Tax Premium Account 1,000.00

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

Resolution 180-16
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. 2016-025, representing 2015 property taxes and/or utility charges on Block 11501, Lot 2, C0296, known as 16296 Dell Place, assessed to Robert J McCrimlisk, 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: John Lami
307 West Shore Trail
Sparta, New Jersey 07871

Redemption Amount: Tax Title Lien #2016-025 and

Interest to Date of Meeting $ 9,043.56

Premium Paid by Lienholder 17,000.00

Total From Current Fund: $ 9,043.56

Total From Tax Premium Account 17,000.00

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

Resolution 181-16
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. 2016-024, representing 2015 property taxes and/or utility charges on Block 11501, Lot 2 C0268, known as 14268 Dell Place, assessed to Wells Fargo Bank, N.A., 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: US Bank – Cust-Actlien Holding Inc.
50 South 16^th Street, Suite 2050
Philadelphia, Pennsylvania 19102

Redemption Amount: Tax Title Lien #2016-024 and

Interest to Date of Meeting $ 1,126.35

Premium Paid by Lienholder 1,300.00

Total From Current Fund: $ 1,126.35

Total From Tax Premium Account 1,300.00

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

On motion by Councilwoman Kuncken, seconded by Councilman Romano and unanimously carried by the following roll call vote, the foregoing resolutions were duly adopted.

Roll Call:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

PAYMENT OF BILLS

Resolution 182-16
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 November 22, 2016 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:

Councilman Depew – yes
Councilwoman Thistleton – yes
Councilwoman Kuncken – yes
Councilman Thornton – yes
Councilman Romano – yes
Councilwoman Zdichocki – absent

ATTORNEY’S REPORT

Red Light/Green Light – Mr. Stein stated he has reviewed the NCSI agreement and it is highly touted by Wayne Dietz, Risk Manager for the Borough, and other municipalities use it. This is not a criminal background check. It is a data search for public records that would indicate whether a person has been convicted of an offense that may or may not disqualify them from acting as a youth service volunteer. New Jersey has a very specific statute with a very specific list of offenses which would disqualify a person. Mr. Stein stated he cannot tell one way or another whether the criteria used by this company meets or does not meet the statutes. The information has to be retained for a period of seven years. Administrator McNeilly has taken care of the payment arrangements. Mr. Stein stated there is an exclusive limited warranty. They disclaim everything. Their maximum liability to the Borough for all the searches they may do cannot exceed $10,000. The Borough would be required to indemnify them. Mr. Stein stated the governing body is aware of how he feels about that. The confidentiality provision is acceptable but it does not include “except as otherwise required by law”. Our agreement with this company would be subject to OPRA. It could not be marked confidential. It would still have to be provided. The information on the individuals would not have to be provided. Amendments, termination and waivers; this will rollover automatically if the Borough does not cancel sixty days prior to the two year expiration date. Arbitration would be conducted in Cleveland, Ohio. Mr. Stein stated Mr. Dietz is in favor of it and other towns have used this program without issue.

Councilwoman Kuncken asked if the information provided will be sufficient to determine if a person should not be volunteering to help with children’s events. Mayor Maio stated she has spoken with a member of the Recreation Commission in Roxbury and the information provided has been acceptable. Mr. Stein stated they look for any felony or crime punishable by confinement for greater than one year. Mr. Stein explained the levels of offenses and lessor crimes in New Jersey and the associated punishments.

On motion by Councilman Romano, seconded by Councilwoman Kuncken and unanimously carried by voice vote, authorization was granted for the Administrator to sign the agreement.

Mayor Maio asked the Clerk to inform Administrator McNeilly of this decision to move forward with the agreement. Mr. Stein stated once the agreement is in place, Administrator McNeilly can contact the Recreation Commission members with the website information, in order for them to register, obtain a pin number and conduct the search.

Route 183/206 Sidewalk Project – Mr. Stein stated three easements are required from three property owners and none of the property owners have signed to date. The property owners are PSE&G, Stanhope Mountain and Mr. Grafe. Many discussions have been held with all three property owners. Mr. Stein stated he sent the easement paperwork to PSE&G who in turn sent back all their indemnification language. Mr. Stein asked if they would be willing to sell the property. PSE&G does not wish to sell. Mr. Stein stated he explained to them if the easement is condemned it does not have to be indemnified or held harmless. If the easement is given to the Borough it is protected by Tort Law, the Borough’s insurance and the contractor’s insurance. PSE&G came back and said they would accept if the Borough agrees to accept to the extent allowed by the Tort Claims Act, the Borough agrees to indemnify… Mr. Stein stated Eric Keller has spoken with the other two property owners. Stanhope Mountain has asked several technical questions because they hope to be able to develop the property in the future which would require access across what would be the public sidewalk. Mr. Keller has provided drawings and shown them access points. Mayor Maio stated Mr. Keller had indicated Stanhope Mountain was ready to sign the agreement. Mr. Stein stated to date it has not been signed. Mr. Stein stated Administrator McNeilly has spoken with Mr. Grafe who was concerned about snow removal. Mayor Maio stated Mr. Grafe has been informed the sidewalk would be closed in the case of snow. Mr. Stein explained the procedure to be followed if condemnation is required. Mr. Stein stated years ago a letter would have been written up by the Engineer which would be signed by the property owner granting permission. This type of arrangement might be acceptable with Mr. Grafe and Stanhope Mountain but PSE&G would not agree to this type of arrangement. Much discussion took place regarding the issue with PSE&G. Mr. Stein stated PSE&G’s will agree to wording which will protect the Borough by the Tort Claims Act but they require indemnification. Mr. Stein stated the risk is relatively small. The Borough is insured and the contractor will be insured. Mayor Maio stated in her opinion the sidewalk needs to be built and it is worth the risk. Mr. Stein will contact Mr. Keller to determine if Stanhope Mountain and Mr. Grafe are willing to sign. The Governing Body agreed to accept PSE&G’s terms.

Schuffenhauer Property – Mr. Stein stated the Borough was ready to pursue dilapidated building proceedings against the property. Mr. Stein explained the procedure required. There is an expense involved and this would be placed against the property as a lien. Mr. Schuffenhauer submitted plans to Tom Pershouse, Construction Official, on November 9^th which are still under review. Mr. Pershouse has to determine if the property can be brought back to being habitable.

5 Ridge Road – Mr. Stein stated if the Schuffenhauer property is going to be demolished, proceedings should also be put in place for the demolition of 5 Ridge Road at the same time. The property owner is still in the Estate of Ruth Townsend. Foreclosure has not taken place. The mortgage on the property was assigned to HUD. Mr. Stein stated if the Schuffenhauer property is not going to be demolished, the Townsend property should begin the demolition process on its own.

CITIZENS TO BE HEARD

Mayor Maio opened the meeting to the public after advising attendees that there is a five (5) minute time limit for each speaker.

Nancy Hoyt asked how many properties are being foreclosed on in-rem. Mr. Stein replied one property is on in-rem foreclosure. Mrs. Hoyt asked if anything is being done with the house on the hill on Overhill Road. Mayor Maio stated Code Enforcement is handling the issue with that home. Mrs. Hoyt asked what is being done with the electric. Mayor Maio stated the Borough has joined a co-op which went out for new bids. The new bid rate is a 22% reduction from the JCP&L rate. Paperwork will be sent to the residents explaining the new program which will be in effect for 20 months this time. Mayor Maio stated residents who were enrolled in the past program will receive a letter stating the program has ended.

Seeing no one from the public wishing to speak, Mayor Maio closed the public portion of the meeting.

Mayor Maio wished everyone a Happy Thanksgiving.

ADJOURNMENT

On a motion by Councilman Romano, seconded by Councilwoman Kuncken, 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

MAYOR AND COUNCIL

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