Contact:
Borough Clerk Ellen Horak 973-347-0159 ext 16
FOR IMMEDIATE RELEASE Stanhope, NJ - December 11, 2009
MAYOR AND COUNCIL
REGULAR MEETING
October 27, 2009
7:00 P.M.
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 December 31, 2008 and 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 time, date and place within ten (10) days of this meeting. Please turn off all cell phones for the duration of this Meeting.
ROLL CALL
Council Members:
Councilwoman Santucci – present Councilman Graham – present
Councilwoman Maio – present Councilman Vance – present Councilman Depew – present Councilman Benson – present
Mayor Kuncken – present
CLOSED SESSION
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231 P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, New Jersey as follows:
1. The public shall be excluded from discussion of and action upon the hereinafter-specified subject matter(s).
2. The general nature of the subject matter(s) to be discussed is as follows:
3 Contract: - COAH
- Kelly Act
- Mr. Windt
1 Attorney-Client- Personnel
3. It is anticipated at this time that the above stated subject matter(s) will be made public at the conclusion of each individual specified subject matter.
4. This resolution shall take effect immediately.
On motion by Councilwoman Maio, seconded by Councilman Benson, and carried by unanimous voice vote, the foregoing resolution was adopted.
Mayor and Council went into Closed Session at 7:01 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 7:50 P.M. with all present as before. Mayor Kuncken called a ten minute recess. Mayor Kuncken reconvened the Open Session at 8:00 p.m.
SALUTE TO COLORS
Mayor Kuncken invited all those present to stand in a salute to colors.
CITIZENS TO BE HEARD
Mayor Kuncken opened the meeting to the public after advising attendees that there is a five (5) minute time limit for each speaker.
Janice Hunts, 17 Reeve Avenue, Stanhope, spoke as a representative of the Shade Tree Commission to discuss two grant opportunities available to the Borough. The first is the Green Communities Grant 2010. This grant is available to municipalities for the development of comprehensive Community Forestry Management Plans. Mrs. Hunts noted Stanhope’s current plan expires at the end of 2010. Mrs. Hunts added that once a municipality has an approved plan and appropriate training, they are eligible to apply for funding through the Community Stewardship Incentive Program (CSIP) to help the municipality accomplish their management goals and complete priorities in their plan. Mrs. Hunts said the Shade Tree Commission is presently working on the survey of streets and hazardous tree list. Mrs. Hunts added the Shade Tree Commission would like to rehire the same consultant, Ronald Farr, a State Certified Forrester to guide them through the new forestry management plan. Mrs. Hunts asked for the Mayor and Council’s support in applying for the Green Communities Grant. Mayor Kuncken asked for confirmation that there would not be any cash commitment from the Borough. Mrs. Hunts replied affirmatively adding there would only be in-kind services expected from Stanhope.
Mayor Kuncken asked Ms. Hunts to provide the clerk with the completed application for forwarding to the Borough Attorney for review.
The second grant is the Community Stewardship Incentive Program Business Stimulus Fund (BSF). This Fund is to provide funds to help municipalities carry out the priorities in the plans and accomplish their management goals. Mrs. Hunts mentioned the Shade Tree Commission would like to use these funds to replace trees on the hazardous tree list and plant trees in Salmon Memorial Park. Mayor Kuncken asked what commitment was required from the Borough. Mrs. Hunts did not know, but, will get the information to the governing body as soon as possible. Mayor Kuncken responded that the governing body was not in a position to act on the grant applications this evening. The matters will be discussed at the November 10th meeting. Mayor Kuncken asked Council to read through the materials on the two grants prior to the next meeting.
Kathy O’Bitz, 19 New Street, Stanhope, voiced her concern about the drainage and tree issues affecting her property. Ms. O’Bitz noted the drainage has been an issue alongside her property since the Borough’s road project ended in 2003. She has been in contact with the Borough Administrator and Engineer who have inspected the site this past April. Ms. O’Bitz asked for a resolution to the matter. The situation is getting worse and compromising her property. Mayor Kuncken noted the trees in question are on State property and she will contact Parks Superintendent, Helen Maurella, and ask her to inspect the trees. Ms. O’Bitz spoke about her concern with the drainage issue and offered to meet with Borough representatives at her property.
Borough Engineer Keller said the improvements to the channel are more difficult to complete because the State changed the flood hazard rules and the improvements are now a regulated activity which require permits from the State.
Mrs. O’Bitz said she purchased the extra piece of property from a private owner prior to the State acquisition. Mrs. O’Bitz said she has a letter from the Stanhope Land Use Board stating the town will be responsible for the channel. Mayor Kuncken suggested that members of the governing body, Engineer Keller and Administrator Stewart revisit the O’Bitz property and determine the best plan of action. It was decided Councilman Depew, Councilman Vance, and Councilwoman Maio would represent the governing body. The Clerk will coordinate setting the date and time with Mrs. O’Bitz for the inspection.
Seeing no one further from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
MINUTES FOR APPROVAL
Mayor Kuncken read aloud the list of minutes being presented for approval:
September 1, 2009 Work Session Meeting & Closed Session
September 22, 2009 Agenda Meeting & Closed Session
September 29, 2009 Regular Business Meeting & Closed Session
On motion by Councilwoman Santucci seconded by Councilman Vance and carried by majority voice vote, the above listed minutes were approved. Councilman Graham abstained from the September 22nd minutes.
CORRESPONDENCE (List Attached)
On motion by Councilman Vance, seconded by Councilman Graham, and unanimously carried by voice vote the list of correspondence was accepted and ordered placed on file.
ENGINEER’S REPORT
Main Street Reconstruction Phase II
Engineer Keller reported the Main Street Reconstruction Phase II project is nearing completion. Main Street is paved and awaiting the striping and crosswalks. The tree grids are scheduled to ship October 28th and the light poles are scheduled to be shipped the second week in November.
Highlands Conformance Analysis
Efforts on Modular IV and subsequent modules will require broader involvement of Borough representatives such as members of the Environmental Commission and Land Use Board. Mr. Keller will give the Clerk and CD and paperwork for Modular 4 Environmental Resource Inventory “ERI”. Councilman Graham said he was investigating the best approach to the ERI. Councilman Graham noted the last ERI is twenty (20) years old. Mayor Kuncken mentioned that the ERI is under the jurisdiction of the Community Development Committee so Councilman Graham should call a meeting to discuss possible approaches.
Mayor Kuncken also mentioned the professional fees and other expenses directly involved with the Highlands Regional Master Plan conformance investigation should be directly billed to the Highlands grant. Councilman Benson said the CFO has been coding the expenses and keeping them separate from other Borough expenses. Engineer Keller said his firm set up a separate project number for Highlands Conformance. Councilman Graham said he and Councilman Benson and the CFO will be meeting shortly to address the Highlands Conformance expenses and billing.
Water Storage/Infrastructure Improvements
A meeting of the Water Storage Infrastructure Committee was postponed from October 20th. A new date of November 10, 2009 at 5:30 p.m. was agreed to by all committee members.
Morris Canal
Mr. Keller stated there are no new updates to report, but he will continue to monitor the matter.
Engineer Keller noted the Borough received $200,000.00 in Local Aid grant funds (a fourth year in a row) for road projects.
Engineer Keller also mentioned the State reissued the Borough’s TRA Storm Water Permit, but, also changed the rules. The reporting dates have changed from a fiscal calendar of May 1 through April 30 to a calendar report of January 1 through December 31st. The Borough must also update their Stormwater Pollution Prevention Plan. Councilwoman Maio asked what the Borough should be doing and if the DPW could assist in completing the plan. Engineer Keller answered the outfalls must be GPSed and added to the State Plain Coordinate System. Mayor Kuncken mentioned the County lent the Borough the GPS equipment in the past for the trails. Administrator Stewart will call the County and arrange for the GPS equipment to be lent to the DPW to GPS the outfalls.
ADMINISTRATOR’S REPORT
The Borough will be receiving $13,837.50 for old used equipment sold at the Sparta Auction.
The J.I.F. will be holding a public officials training program at the League Convention on Wednesday, November 18th at 3:45 p.m. Any official who completes the program will have a liability premium reduction of $250.00
The Sussex County Municipal Utilities Authority is sponsoring a Household Hazardous Waste Disposal Day on Saturday, November 7, 2009. The hours of operation will be 7:00 a.m. to 2:00 p.m.
COUNCIL COMMITTEE REPORTS
Public Safety – Councilmen Depew/Maio
Police, Fire, Ambulance, Court & Violations Bureau, Emergency Management – Councilman Depew reported on various training classes the police officers have completed. Councilman Depew gave a brief overview of monthly calls for police, fire and first aid squad.
Finance & Administration – Councilmen Benson/Graham
Tax Assessment, Tax Collection, Water & Sewer Cashier, Treasurer, Health & Other Insurance, Personnel- Councilman Benson reported on the month’s utility collection. The water collection in September was $91,058 compared to $43,000 in 2008. The sewer collection in September was $193,782 compared to $100,000 in 2008. The Borough’s tax sale on October 26th had 60 properties listed in combined property tax, water and sewer collection, but, at the time of sale only 30 properties remained. Sixteen (16) properties liens were sold to six bidders for $40,671 and the remaining properties reverted back to the Borough.
Community Development – Councilmen Graham/Depew
Zoning, Construction Code Enforcement, Economic Development, Chamber of Commerce, Downtown Revitalization- Councilman Graham attended a seminar for Highlands Modular 7 to look at compliance. Councilman Graham said whether or not the governing body decides to opt in or not we should take advantage of the planning grants offered by the Highlands Council, especially the grants dealing with affordable housing.
Municipal Infrastructure – Councilmen Vance/Benson
Water Distribution, Sewer Collection System, Road Construction & Maintenance, Buildings & Grounds- Councilman Vance reported the generator was installed at the water tower and is operational.
Information Technology – Councilwoman Maio/Santucci
Acquisition of Hardware & Software, Technical Equipment Services, Telecommunication, Cable Television Franchise- Councilwoman Maio said all non-emergency phones from the Municipal offices, DPW and Police Department will be moved from Verizon to Cablevision. This move will allow the Borough to have a significant savings over the Verizon service. The DSL lines will be replaced by internet services from Cablevision at no additional charge to the Borough. Councilwoman Maio stated the phone monitoring the wells and 911 service will not be impacted.
Boards/Commissions – Councilwoman Santucci/Vance
Board of Health, Regional Planning Board, Environmental Commission, Musconetcong Sewerage Authority, Sanitation & Recycling, Recreation Commission, Shade Tree Commission, Land Use Board – Councilwoman Santucci thanked the members of the Recreation Commission for their hard work on the Halloween Parade. Despite the bad weather, the parade was very well attended. Mayor Kuncken agreed the parade was a success and noted the Recreation Commission needs additional members to continue their invaluable service to the community.
Main Street Streetscape - Councilwoman Maio/Depew/Vance – Councilwoman Maio noted the Main Street project is nearing completion. Councilwoman Maio said the garbage company is willing to pick up trash behind the antique store and deli instead of having their cans out in the street. Councilwoman Maio also spoke of the need for volunteers to fill the planters. The Streetscape Committee will meet and decide what is to be planted.
NEW BUSINESS
Ordinances for Public Hearing and Final Adoption
Mayor Kuncken offered the following ordinance for introduction and adoption:
Ordinance 2009-14 AN ORDINANCE OF THE BOROUGH OF STANHOPE,
SUSSEX COUNTY, NEW JERSEY, TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY DESIGNATED AS BLOCK 11207, LOT 11 ON THE TAX MAPS OF THE BOROUGH OF STANHOPE
WHEREAS, the Municipal Building of the Borough of Stanhope is located on real property designated as Block 11027, Lot 12 on the Tax Maps of the Borough of Stanhope; and
WHEREAS, the real property located at Block 11207, Lot 11 in the Borough of Stanhope is adjacent to the southerly border of the Borough Municipal Building property; and
WHEREAS, Block 11027, Lot 11 is currently a small vacant lot with dimensions of approximately 72ft by 120ft; and
WHEREAS, the Governing Body of the Borough of Stanhope has determined that the acquisition and merger of Block 11207, Lot 11 into the Borough Municipal Building property would be beneficial for the public’s use as part of the municipal building property; and
WHEREAS, the acquisition of real property by a municipality shall be authorized by the adoption of an appropriate ordinance pursuant to the provisions of N.J.S.A. 40A:12-5 et seq. of the Local Lands and Buildings Law;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Stanhope, Sussex County, New Jersey, as follows:
Section 1. The Borough is hereby authorized to acquire the real property designated as Block 11207, Lot 11 on the Tax Map of the Borough of Stanhope;
Section 2. This ordinance shall take effect upon passage and publication as required by law.
On motion by Councilman Depew, seconded by Councilman Graham, and carried by the following majority roll call vote, the above ordinance was adopted.
Mayor Kuncken opened the meeting to the public for comment on this Ordinance only. Seeing no one from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
Roll Call: Councilwoman Santucci - yes Councilman Graham - yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Depew – yes Councilman Benson – abstain
On motion by Councilwoman Maio, seconded by Councilman Graham, 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 Kuncken offered the following resolutions, which were read by title
Resolution 183-09 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING SUBMISSION OF AN APPLICATION FROM THE LENAPE MUNICIPAL ALLIANCE FOR FUNDING
WHEREAS, the Mayor and Council of the Borough of Stanhope, County of Sussex, New Jersey recognize that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and
WHEREAS, the Mayor and Council further recognize that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and
WHEREAS, the Mayor and Council have applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Sussex;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, New Jersey as follows:
1. The Mayor and Council does hereby authorize submission of an application for the Lenape Municipal Alliance grant for calendar year 2010 in the amount of $11,420.00; and
2. The Mayor and Council acknowledge the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.
On motion by Councilman Vance, seconded by Councilman Graham, and unanimously carried by the following roll call vote, the above resolution was adopted.
Roll Call: Councilwoman Santucci - yes Councilman Graham - yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Depew – yes Councilman Benson – yes
Resolution 184-09 RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF STANHOPE AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIEN HOLDER AND AUTHORIZING CANCELLATION OF MUNICIPAL CERTIFICATE OF SALE
WHEREAS, the Tax Collector has received payment for the redemption of Tax Title Lien No. 2007-11, representing 2006 property taxes and/or utility charges on Block 11102, Lot 6 known as 5 Linden Avenue, assessed to James & Patricia Dimitriou, 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 Jesse Wolosky
1 Vista Drive
Sparta, NJ 07871
Redemption Amount: Tax Title Lien #2007-11 and
Interest to Date of Meeting $ 25,907.13
Premium Paid by Lienholder 00.00
Total From Current Fund: $ 25,907.13
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 Councilwoman Maio, seconded by Councilman Graham, and unanimously carried by voice vote, the above resolution was adopted.
Resolution 185-09 RESOLUTION REGARDING LAND USE BOARD ESCROW ACCOUNT, BLOCK 10608, LOT 5
WHEREAS, Richard Sellitto, the owner of Block 10608, Lot 5 made an application to the Land Use Board of the Borough of Stanhope for the property at 2-4 Walton Street; and
WHEREAS, as a result of said application to the Land Use Board, professional service charges were incurred which were billed to the applicant to be paid in accordance with the Municipal Land Use Law; and
WHEREAS, as of the present, the escrow account is delinquent in the amount of $682.95; and
WHEREAS, the applicant has been sent numerous letters by the Land Use Board Secretary, advising the applicant of the procedure to protest any Land Use Board escrow charge under the Municipal Land Use Law and the consequences of failing to so protest any such charges; and
WHEREAS, the applicant has failed to respond to any correspondence from the Land Use Board Secretary regarding the delinquent escrow account; and
WHEREAS, the applicant signed an application agreeing that the Borough could place a tax lien on the property for any unpaid escrow charges.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope that the Tax Collector be and the same is hereby authorized and directed to impose an additional tax charge and lien against Block 10608, Lot 5 in the amount of $682.95 for failure to pay amounts rightfully due to the Borough for unpaid Land Use Board escrow charges.
On motion by Councilman Depew, seconded by Councilman Benson, and unanimously carried by the following roll call vote, the above resolution was adopted.
Roll Call: Councilwoman Santucci - yes Councilman Graham - yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Depew – yes Councilman Benson – yes
Resolution 186-09 RESOLUTION EXPRESSING OPPOSITION TO A-3062
and S-1303 REGARDING “INHERENTLY BENEFICIAL USES”
WHEREAS, A-3062 and S-1303 will establish renewable energy as an “inherently beneficial use” for purposes of municipal zoning; and
WHEREAS, A-3062/S-1303 defines “inherently beneficial use” as a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare, including, but not limited to, a hospital, school, child care center, group home or a wind, solar or photovoltaic energy facility or structure; and
WHEREAS, the Mayor and Council of the Borough of Stanhope does not believe that renewable energy facilities demonstrate the same level of public benefit as is associated with other “inherently beneficial uses” including hospitals, schools, child care centers and group homes; and
WHEREAS, while the intent of A-3062/S-1303 is admirable, it permits solar panel fields and wind generation facilities to be placed anywhere in a municipality without regard to the comprehensive municipal master plan and zoning regulations or any other state planning initiatives; and
WHEREAS, while the Mayor and Council of the Borough of Stanhope supports the intent to develop legislation that will encourage renewable energy in New Jersey, it must be done without negatively effecting the growth, farmland and open space preservation plans of municipalities; and
WHEREAS, municipalities are best equipped to address local land use issues and should be provided with discretion to establish appropriate regulations and controls consistent with their master plan.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, in the County of Sussex, State of New Jersey, hereby urge Governor Corzine to veto A-3062 and S-1303; and
BE IT FURTHER RESOLVED, that a copy of this Resolution shall be forwarded to Senator Oroho, Assemblyman Chiusano and Assemblywoman McHose, the New Jersey League of Municipalities and the Governor of the State of New Jersey
On motion by Councilwoman Maio, seconded by Councilwoman Santucci, and unanimously carried by voice vote, the above resolution was adopted.
Resolution 187-09 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 October 27, 2009 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 Benson, seconded by Councilman Graham, and unanimously carried by the following roll call vote, the above resolution was adopted.
Roll Call: Councilwoman Santucci - yes Councilman Graham – yes
Councilwoman Maio – yes Councilman Vance - yes
Councilman Depew – yes Councilman Benson – yes
ATTORNEY’S REPORT
Attorney Stein reported the check was received from the insurance carrier representing the oil company responsible for the oil spill on Bedford Avenue. All emergency work, road repairs and professional bills were covered in full.
COUNCIL BUSINESS
The governing body discussed funding of the water tower project through NJEIT (New Jersey Environmental Infrastructure Trust) Financing Program. Attorney Stein gave a brief summary of the application, finance rate and pay back schedule. Engineer Keller said that Dennis Hart is usually present at the League of Municipalities Convention and gives a presentation of NJEIT. Mayor Kuncken suggested they go to the presentation at the League Convention and, if they feel it would be beneficial, invite Mr. Hart to speak at a Council Meeting.
Councilwoman Maio asked the governing body to review the priority list for 2009 and be ready for discussion and updating the list at the next meeting.
CITIZENS TO BE HEARD
Mayor Kuncken opened the meeting to the public after advising attendees that there is a five (5) minute time limit for each speaker.
Seeing no one from the public wishing to speak, Mayor Kuncken closed the public portion of the meeting.
CLOSED SESSION
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231 P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Stanhope, County of Sussex, New Jersey as follows:
1. The public shall be excluded from discussion of and action upon the hereinafter-specified subject matter(s).
2. The general nature of the subject matter(s) to be discussed is as follows:
1 Contract - 911 Dispatch
3. It is anticipated at this time that the above stated subject matter(s) will be made public at the conclusion of each individual specified subject matter.
4. This resolution shall take effect immediately.
On motion by Councilman Vance, seconded by Councilwoman Santucci, and carried by unanimous voice vote, the foregoing resolution was adopted.
Mayor and Council went into Closed Session at 9:25 P.M.
At the conclusion of the Closed Session, Mayor and Council reconvened the public meeting at 10:30 P.M. with all present as before.
ADJOURNMENT
On a motion by Councilman Depew, seconded by Councilman Vance, and carried by unanimous voice vote to adjourn the meeting at 10:30 P.M.
Approved:
Lynda Knott,
Deputy Clerk For Ellen Horak, RMC Borough Clerk
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