STILLWATER TOWNSHIP COMMITTEE MEETING

April 20, 2021 – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:00 p.m. noting the meeting date, time and place were duly published in the New Jersey Herald and posted at the Town Hall and advised those present that this meeting was being held in compliance with provisions of P.L. 1975, Chapter 231, Sections 4 & 13. Mayor Chammings added the meeting was being held virtually on Zoom and this meeting was also advertised with the link in the New Jersey Herald, the Stillwater Township website (www.stillwatertownshipnj.com) on the Stillwater Township Face Book page. PRESENT: Committeewoman Rumsey, Committeeman Morrison, Deputy Mayor Scott, Committeeman Fisher, Mayor Chammings, Municipal Clerk Lynda Knott and Attorney Angelo Bolcato ABSENT: None

EXECUTIVE SESSION: 6:04 p.m. held in Town Hall

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Scott, seconded by Mr. Morrison and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 6:04 p.m.

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

NOW THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Stillwater, in the County of Sussex and State of New Jersey as follows:

1. The public shall be excluded from that portion of this meeting.

2. The general nature of the subject matter to be discussed is as follows: Personnel, Contract, Attorney Client

3. As nearly as can now be ascertained, the matter or matters to be discussed at this time will be disclosed to the public when such matters are resolved.

By a motion was made by Mr. Fisher, seconded by Mayor Chammings to suspend the Executive Session at 6:58 p.m., unanimously carried by voice vote.

Roll Call was taken and the flag was saluted.

MINUTES

A motion was made by Mr. Scott to adopt the April 6, 2021 Regular and Executive Session Minutes, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher abstained, Mayor Chammings, yes.

REPORTS: Zoning Board of Adjustment Annual Report for 2020

DPW Report of March 2021

Building Department Report of March 2021

Registrar’s Report of March 2021

Convenience Center Report of March 2021

QPA Report of March 2021

Fire Department Report 2021 YTD

A motion was made by Mr. Scott to accept the reports as presented, seconded by Mr. Morrison. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

BILLS LIST #6: $185,849.44

RESOLUTION 2021-054 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 Township Department Heads that the goods and/or services have been rendered to the Township;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Committee of the Township of Stillwater that the current bill lists, dated April 20, 2021 and on file and available for public inspection in the Office of the Chief Finance Officer and approved by the Chief Finance Officer for payment, be paid.

Mayor Chammings asked to pull purchase order 11297 to be voted on separately because it was a reimbursement of expenses payable to her.

A motion was made by Mr. Scott to adopt Resolution 2021-054 without PO #11297, seconded by Mr. Morrison. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

A motion was made by Mr. Morrison to pay PO #11297, seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, abstained.

COMMITTEE REPORTS:

Mr. Scott reported the DPW has been cleaning the storm drains using the Stillwater Volunteer Fire Department tanker.

Mr. Scott reported the next Planning Board meeting is scheduled for tomorrow April 21, 2021.

Mr. Scott said Clean Up Day was a success and he would have the final totals to report at the next meeting. Mr. Scott noted he, Mayor Chammings and other volunteers cleaned up around the Gallagher property.

Mrs. Rumsey said she had no school board report

Community Center Report: Mrs. Rumsey said the main hall is painted and we are still waiting for the electrician to complete the second bathroom. Then Mayor Chammings told her the bathroom was completed. Mrs. Rumsey had also received proposals from an electrician to supply and install LED lighting in the Community Center and DPW building.

Mrs. Rumsey reported about the fire at Camp Hoover and commended the members of the Stillwater Fire Department and automatic aid neighbors Fredon and Hampton fire departments. Mrs. Rumsey also noted 42-62 is out of service for repairs.

Mrs. Rumsey said there would be a pause for public safety meetings until CERT members have completed working at the COVID vaccine sites.

Mr. Morrison has no report.

Mayor Chammings noted the DPW contract will be negotiated soon. Mr. Scott noted he and Mr. Fisher would be the negotiating team from the township.

Mayor Chammings reported Stillwater Township’s COVID positivity rate has continued to be high. The County as a whole is back to orange status (high). Spread is occurring in daycare and sport groups which are difficult to contact trace. Mayor Chammings noted the J & J vaccine pause will end this week and County Nurses are participating in a home bound individual J & J vaccine program.

Mayor Chammings reported the OEM Mitigation Plan is moving forward. A meeting with Tretra is scheduled to clean up the Stillwater section of the plan.

Mayor Chammings noted the Zoning Board will meet on April 26, 2021.

AMENDMENTS TO AGENDA None

OPEN PUBLIC SESSION:

Mr. Sylvester, Old School House Road, asked if the ordinance on the agenda for cannabis included hemp. Mayor Chammings answered she had a long conversation with a Rutgers Cooperative Agent and attended a Sussex County Agricultural Board meeting to hear discussions on the subject and yes, the ordinance to be introduced tonight addresses both cannabis and hemp. A definition of hemp may be added at a later date. The difference between cannabis and hemp is hemp is only allowed to have the THC level to be .3% of cannabis. Mr. Sylvester noted hemp has a bad odor for anyone nearby. Mr. Sylvester asked if cultivation was included in the ordinance. Mayor Chammings said yes and said hemp cultivation regulations have been in place since 2018 and there are strict perimeters for the state to approve a hemp license. Mayor Chammings added until the state provides regulations all cannabis licenses will prohibited. Mayor Chammings will provide Mr. Sylvester with the links on the information she has gathered.

Seeing no one from the public who wished to speak this portion of the meeting was closed.

OLD BUSINESS:

Update on 992 Fairview Lake Road (Block 2401 Lot 37) – Mayor Chammings reported she had spoken to Congressman Gottheimer’s office and he had not been to Sussex County to visit the property but he will be coming next Wednesday, April 28, 2021 for about an hour (11:00 a.m. to noon). Mayor Chammings noted if other township committee members wished to join the meeting the clerk would advertise the meeting. Mayor Chammings said she was not sure what Mr. Gottheimer cold do but perhaps pressure the DEP to abate the lien. Mayor Chammings also reported she spoke with the people at the State who handle the OPRA requests and if Stillwater Township wanted hard copies of the ten boxes it would cost approximately $880 vs. the digital copies which run about $5,000.00. Mayor Chammings noted the LSRP at Allied she has been speaking with said the township needs the records. The time line for the township to receive the OPRA would be two to three months. Mayor Chammings added the CFO said the funds will be available after the 2021 budget is adopted.

A motion was made by Mrs. Rumsey to encumber an amount not to exceed $1,000 for the 992 Fairview Lake Road records, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes.

ORDINANCE 2021-04 ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS OR PURPOSES TO BE UNDERTAKEN BY THE TOWNSHIP OF STILLWATER, IN THE COUNTY OF SUSSEX, NEW JERSEY, AND APPROPRIATING $118,300 THEREFOR FROM MONEYS IN THE CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP. Public Hearing and Adoption

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF STILLWATER, IN THE COUNTY OF SUSSEX, NEW JERSEY, AS FOLLOWS:

The improvements or purposes described in Section 2 of this ordinance are hereby authorized as general improvements to be made or acquired by The Township of Stillwater, in the County of Sussex, New Jersey, and there is hereby appropriated therefor the sum of $118,300 from moneys available in the Capital Improvement Fund of the Township.

The improvements hereby authorized and the purposes for the financing of which the appropriation is made as provided in Section 1 of this ordinance are (a) the acquisition by purchase of new and additional equipment for use by various Township Departments including a mower, turnout gear and self-contained breathing apparatus, (b) the resurfacing of various roads and locations in and by the Township and (c) the upgrade of codification systems for the office of the Township Clerk, together with for all the aforeaid all equipment, work, materials, apparatus and appurtenances 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 Township Clerk and hereby approved.

The capital budget or temporary capital budget of the Township 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 Township Clerk and are available for public inspection.

This ordinance shall take effect after publication after final passage as provided by law.

A motion was made by Mr. Scott to adopt Ordinance 2021-04, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes.

 

ORDINANCE 2021-05 BOND ORDINANCE APPROPRIATING $1,376,000, AND AUTHORIZING THE ISSUANCE OF $767,000 BONDS OR NOTES OF THE TOWNSHIP, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF STILLWATER, IN THE COUNTY OF SUSSEX, NEW JERSEY- Public Hearing and Adoption

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF STILLWATER, IN THE COUNTY OF SUSSEX, NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:

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 Township of Stillwater, in the County of Sussex, 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 therefor and amounting in the aggregate to $1,376,000 including the aggregate sum of $40,700 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 Township for down payment or for capital improvement purposes and including also, (i) in the case of the improvement or purpose described in paragraph (a) of said Section 3, the sum of $15,000 from a Reserve held by the Township for said purpose, (ii) in the case of the improvement of purpose described in paragraph (b) of said Section 3, the sum of $151,300 received or expected to be received by the Township from the New Jersey Department of Transportation, as a grant-in-aid of financing said improvement or purpose, the sum of $45,000 from a Reserve held by the Township for said purpose and the sum of $82,000 from the Capital Improvement Fund of the Township, (iii) in the case of the improvement of purpose described in paragraph (c) of said Section 3, the sum of $25,000 received or expected to be received by the Township as a Clean Communities grant-in-aid of financing said improvement or purpose and (iv) in the case of the improvement or purpose described in paragraph (d) of said Section 3, the sum of $250,000 from a Reserve held by the Township for said purpose.

For the financing of said improvements or purposes and to meet the part of said $1,376,000 appropriations not provided for by application hereunder of said down payments, grants, Reserves and other available funds, negotiable bonds of the Township are hereby authorized to be issued in the principal amount of $767,000 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 Township in a principal amount not exceeding $767,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.

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:

IMPROVEMENT OR PURPOSE	APPROPRIATION AND ESTIMATED COST	ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES
(a) Acquisition, by purchase, of new and additional vehicular equipment for use by the Department of Public Works of the Township, including one (1) dump truck, together with all appurtenances, apparatus 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 Township Clerk and hereby approved, the $90,000 appropriation hereby made therefor being inclusive of the amount of $15,000 hereby appropriated therefor from a Reserve held by the Township for said purpose	90,000	71,200
(b) Improvement of Old Foundry Road (Phase II) in and by the Township by the construction or reconstruction therein of a roadway pavement at least equal in useful life or durability to a roadway pavement of Class B construction (as used or referred to in Section 40A:2-22 of said Local Bond Law), together with all sidewalks, curbing, structures, appurtenances, milling, 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 Township Clerk and hereby approved, the $350,000 appropriation hereby made therefor being inclusive of the amount of $151,300 received or expected to be received by the Township from the New Jersey Department of Transportation as a grant-in-aid of financing said improvement, the amount of $45,000 for said purpose hereby appropriated therefor from a Reserve held by the Township for said purpose and the amount of $82,000 hereby appropriated therefor from the Capital Improvement Fund of the Township	350,000	68,100
(c) Acquisition by purchase of new and additional equipment for use by the Department of Public Works of the Township, including one (1) backhoe, together with all attachments, appurtenances and equipment 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 Township Clerk and hereby approved. the $111,000 appropriation hereby made therefor being inclusive of the amount of $25,000 received or expected to be received by the Township as a Clean Communities grant-in-aid of financing said improvement	111,000	81,500
(d) Acquisition by purchase of new firefighting equipment for the preservation of life and property in the Township, including one (1) rescue pumper truck for use by the Fire Department of the Township, together with all equipment, attachments 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 Township Clerk and hereby approved, the $825,000 appropriation hereby made therefor being inclusive of the amount of $250,000 hereby appropriated therefor from a Reserve held by the Township for said purpose	825,000	546,200
Totals	$1,376,000	$767,000

Except as otherwise stated in paragraphs (a), (b), (c) and (d) above with respect to the said $176,300 grants, the $310,000 Reserves and the $82,000 CIF funds, 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.

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 Township 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 10.06 years.

The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Township 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 Township as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $767,000, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.

Amounts not exceeding $100,000 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.

The funds from time to time received by the Township on account of the $176,300 grants referred to in Section 1 of this bond ordinance shall be used for financing the improvements or purposes described in paragraphs (b) and (d) of Section 3 of this bond ordinance by application thereof either to direct payment of the costs of said improvements or purposes, or to payment or reduction of the authorization of the obligations of the Township authorized therefor by this bond ordinance. Any such funds so received may, and all such funds so received which are not required for direct payment of the costs of said improvements or purposes shall, be held and applied by the Township as funds applicable only to the payment of obligations of the Township authorized by this bond ordinance.

All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer, acting chief financial officer or treasurer (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 Township 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.

The full faith and credit of the Township 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 Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of said obligations and interest thereon without limitation of rate or amount.

The capital budget or temporary capital budget of the Township 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 Township Clerk and are available for public inspection.

This bond ordinance shall take effect twenty (20) days after the first

publication thereof after final adoption, as provided by said Local Bond Law.

A motion was made by Mr. Scott to adopt Ordinance 2021-05 seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, No, Mayor Chammings, yes.

NEW BUSINESS:

ORDINANCE 2021-06 AN ORDINANCE ADDING A NEW SECTION 240-134, ENTITLED “MARIJUANA” TO CHAPTER 240, “LAND DEVELOPMENT”, PROHIBITING THE OPERATION OF ANY CLASS OF CANNABIS BUSINESSES WITHIN THE TOWNSHIP OF STILLWATER- Introduction [Public Hearing and Adoption May 4, 2021]

WHEREAS, in 2020 New Jersey voters approved Public Question No. 1, which amended the New Jersey Constitution to allow for the legalization of a controlled form of marijuana called “cannabis” for adults at least 21 years of age; and

WHEREAS, on February 22, 2021, Governor Murphy signed into law P.L. 2021, c. 16, known as the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (the “Act”), which legalizes the recreational use of marijuana by adults 21 years of age or older, and establishes a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession; and

WHEREAS, the Act establishes six marketplace classes of licensed businesses, including:

• Class 1 Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis;
• Class 2 Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
• Class 3 Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
• Class 4 Cannabis Distributer license, for businesses involved in transporting cannabis plants in bulk from on licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
• Class 5 Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and
• Class 6 Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchases items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.

WHEREAS, the Act authorizes municipalities by ordinance to adopt regulations governing the number of cannabis establishments (defined in Section 3 of the Act as “a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer”), cannabis distributors or cannabis delivery services allowed to operate within their boundaries, as well as the location manner and times operation of such establishments, distributors or delivery services, and establishing civil penalties for the violation of any such regulations; and

WHEREAS, the Act authorizes municipalities by ordinance to prohibit the operation of any one or more classes of cannabis establishments, distributors, or delivery services anywhere in the municipality; and
WHEREAS, the Act also stipulates that any municipal regulation or prohibition must be adopted within 180 days of the effective date of the Act (i.e., by August 22, 2021); and

WHEREAS, the failure to do so shall mean that for a period of five years thereafter, the growing, cultivating, manufacturing, selling and reselling of cannabis and cannabis items shall be permitted uses in all industrial zones, and the retail selling of cannabis items to consumers shall be a conditional use in all commercial and retail zones; and

WHEREAS, at the conclusion of the initial and any subsequent five-year period following a failure to enact local regulations or prohibitions, the municipality shall again have 180 days to adopt an ordinance regulating or prohibiting cannabis businesses, but any such ordinance would be prospective only and would not apply to any cannabis business already operating within the municipality; and

 

WHEREAS, the Township Committee has determined that, due to present uncertainties regarding the potential future impacts that allowing one or more classes of cannabis business might have on New Jersey municipalities in general, and in the Township of Stillwater, in particular, it is at this time necessary and appropriate, and in the best interest of the health, safety and welfare of the Township’s residents and members of the public who visit, travel, or conduct business in the Township of Stillwater, to amend the Township’s zoning regulations to prohibit all manner of marijuana-related land use and development within the geographic boundaries of the Township; and

WHEREAS, officials from two prominent non-profit organizations that have been established for the purpose of advising New Jersey municipalities on legal matters such as have been presented by the Act (those organizations being the New Jersey State League of Municipalities and the New Jersey Institute of Local Government Attorneys) have strongly urged that, due to the complexity and novelty of the Act; the many areas of municipal law that are or may be implicated in decisions as to whether or to what extent cannabis or medical cannabis should be permitted for land use purposes or otherwise regulated in any particular municipality; and the relatively short duration in which the Act would allow such decisions to be made before imposing an automatic authorization of such uses in specified zoning districts subject to unspecified conditions, the most prudent course of action for all municipalities, whether or not generally in favor of cannabis or medical cannabis land development and uses, would be to prohibit all such uses within the Act’s 180-day period in order to ensure sufficient time to carefully review all aspects of the Act and its impacts; and

WHEREAS, the Township Committee desires to add a new Section 240-134 to Chapter 240, Land Development, prohibiting all cannabis establishments, cannabis distributors or cannabis delivery services, except for the delivery of cannabis items and related supplied by a delivery service.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of Stillwater Township, Sussex County, New Jersey, that this Ordinance shall be adopted as part of the Stillwater Township Code as follows:

SECTION 1

A new Section 240-134, “Cannabis”, is adopted as follows:

Pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all classes of cannabis licenses, including but not limited to, all cannabis establishments, cannabis distributors and/or cannabis delivery services are hereby prohibited from operating anywhere in the Township of Stillwater, except for the delivery of cannabis items and related supplies by a delivery service.

SECTION 2 – SEVERABILITY

If any provision of this Ordinance or the application of this Ordinance to any person or circumstances is held invalid, the remainder of this Ordinance shall not be affected and shall remain in full force and effect.

SECTION 3 – REPEALER

All ordinances or parts of ordinances or resolutions that are inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.

SECTION 4 – NOTICE

The Township Clerk is directed to give notice at least ten days prior to the hearing on the adoption of this Ordinance to the County Planning Board and to all others entitled pursuant to the provisions of N.J.S.A. 40:55D-15. The Township Clerk is further directed to refer this Ordinance to the Township Land Use Board, pursuant to N.J.S.A. 40:55D-64. Upon the adoption of this Ordinance, after public hearing, the Township Clerk is further directed to publish notice of the passage and to file a copy of this Ordinance, as finally adopted, with the Sussex County Planning Board, as required by N.J.S.A. 40:55D-16.

SECTION 5 – EFFECTIVE DATE

This Ordinance shall take effect immediately upon adoption and publication and filing with the Sussex County Planning Board, and as otherwise provided for by law.

A motion was made by Mr. Scott to introduce Ordinance 2021-06 seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, Yes, Mayor Chammings, yes.

ORDINANCE 2021-07 AN ORDINANCE FIXING SALARIES AND WAGES OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF STILLWATER, COUNTY OF SUSSEX AND STATE OF NEW JERSEY, FOR THE YEAR 2021 – Introduction [Public Hearing and Adoption 05/04/2021]

BE IT ORDAINED by the Township Committee of the Township of Stillwater in the County of Sussex, New Jersey as follows:

Section 1. The Township of Stillwater shall pay its municipal officers and employees for services rendered as shown below. Figures shown represent annual salary, unless otherwise noted.

POSITION

Township Committee Member $ 4,669.00
Township Clerk 71,573.00
Municipal Registrar 6,151.00 Principal Clerk Typist 54,007.00
Deputy Municipal Registrar 3,015.00
Receptionist $15 – $25 per hour range
File Clerk – Effective 1/1/2020 $12.00 per hour
Chief Financial Officer 77,250.00
Clean Communities Coordinator – Stipend 1,000.00
Qualified Purchasing Agent – Stipend 3,000.00
Tax Assessor 33,428.00
Tax Collector 36.476.00
Tax Collector – Extra Hours $58.46 per hour
DPW Supervisor As per contract

Recycling Coordinator 1,852.00
DPW Laborers As per contract
Solid Waste Worker #1 $13.31 per hour
Solid Waste Worker #2 $12.00 per hour
Solid Waste Cashier $12.00 per hour
Recycling Worker #1 $13.31 per hour
Recycling Worker #2 $12.00 per hour
Zoning Officer $25 – $45 per hour range
Construction Code Official 15,600.00
Plumbing Sub-code Official 8,320.00
Electric Sub-code Official 9,368.00
Fire Sub-code Official 2,500.00
Fire Inspector 2,500.00
Smoke Detector Certifications $25.00 per Cert
Smoke Detector Re-Certifications $20.00 per Cert
Electrical Inspector/Subcode Official – Vacation Coverage $35.00 per hour
Emergency Mgmt Coordinator 1,433.00
Deputy Emergency Mgmt Coordinator 586.00
Animal Control Officer 9,401.00

BOARDS AND COMMISSIONS:
Zoning Board Secretary 7,180.00
Planning Board Secretary 7,180.00
Environmental Commission Secretary 2,881.00
Recreation Commission Secretary 2,150.00

Crossing Guard $14.19 per hour

Section 2. Specific salaries or wages established by this Ordinance shall be made retroactive to January 1, 2020 unless otherwise noted.

Section 3. Nothing in this ordinance shall be construed as making mandatory the payment of annual salary increments to any officer or employees of the Township of Stillwater. Salary or wage increases shall be contingent upon availability of the funds.

Section 4. All former ordinances or parts therof conflicting or inconsistent with the provisions of this ordinance are hereby repealed.

Section 5. This ordinance shall take effect after publication and passage according to law.

A motion was made by Mr. Scott to introduce Ordinance 2021-06 seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, Yes, Mayor Chammings, yes.

RESOLUTION 2021-055 In Support of the Application for Farmland Preservation Block 2701 Lot 9

BE IT RESOLVED that the Township Committee of the Township of Stillwater, in the County of Sussex, State of New Jersey, does hereby express its support for the Farmland Preservation program and gives approval of the following application(s).

BE IT ALSO RESOLVED that approval is given for this application to be submitted to the State Agriculture Development Committee by the Sussex County Agriculture Development Board for county reimbursement consideration.

Judy Roof Block 2701, Lot 9

± 71 acres

A motion was made by Mrs. Rumsey to adopt Resolution 2021-55 seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, Yes, Mayor Chammings, Abstained.

RESOLUTION 2021-056 Approving the Refund of Tax Lien Assignment Fees to M & V Liens

WHEREAS, the Township of Stillwater conducted a tax sale of delinquent municipal liens, pursuant to the Revised Statutes of New Jersey, 1937, Title 54, Chapter 5 on November 23, 2015; and

WHEREAS, Block 3504 Lot 11 was not sold and the lien remained with Stillwater Township, and was recorded in the office of the County Clerk of Sussex, New Jersey in Book 9363 Page 596; and

WHEREAS, on March 4, 2021 the Stillwater Municipal Clerk and Tax Collector received correspondence from M & V Liens expressing a desire to purchase the Tax Lien 2015-009 for Block 3504 Lot 11; and

WHEREAS, on March 9, 2021 a check was received in the amount of $95,584.56 from M & V Liens for the Assignment of Tax Lien 2015-009; and

WHEREAS, the Stillwater Township Committee at its meeting on April 6, 2021 discussed the proposed tax sale certificate assignment and determined that they would not proceed with the assignment.

THEREFORE, BE IT RESOLVED, the sum of $95,584.56 is to be refunded to M & V Liens, 23 Irving Place, Newton, NJ 07860.

A motion was made by Mr. Scott to adopt Resolution 2021-56 seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, Yes, Mayor Chammings, Yes.

RESOLUTION 2021-057 Mayor’s Appointment of Gina McCabe-Richardson as Alternate Member of Stillwater Recreation Commission with Committee Concurrence

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater they do hereby concur with the Mayor’s appointment of Gina McCabe-Richardson as Member of Stillwater Recreation Commission effective April 20, 2021.

A motion was made by Mr. Scott to adopt Resolution 2021-57 seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, Yes, Mayor Chammings, Yes.

RESOLUTION 2021-058 Authorizing the issuance of annual Campground Licenses

WHEREAS, The Township Committee of the Township of Stillwater, County of Sussex and State of New Jersey, pursuant to the authority vested in it by an act of Legislature, has heretofore by ordinance, provided for campgrounds in the Township of Stillwater; and

WHEREAS, the following named Campground holder has filed an application for the license renewal, passed inspections and all fees have been paid.

NOW, THEREFORE, BE IT RESOLVED, that the following campground license be granted renewal for the period of May 1, 2021 to April 30, 2022.

LICENSEE

North Shore House

Mountain Shadows Lake Association

BE IT FURTHER RESOLVED, that the Township Clerk is hereby authorized to issue the License herein granted, the same effective as provided by Law.

A motion was made by Mr. Scott to adopt Resolution 2021-58 seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, Yes, Mayor Chammings, Yes.

RESOLUTION 2021-059 Disapproving of the County of Sussex imposing Additional Staff Overtime Election Fees

WHEREAS, the Township of Stillwater (‘’Township”) has received a notice from the County of Sussex (“County”) concerning election costs; and

WHEREAS, the County has indicated that some all-mail election related services/products initiated last year due to the COVID-19 pandemic need to continue given the continued presence of the virus and continued Public Health Emergency; and

WHEREAS, the County has taken the position that the municipalities in the County of Sussex should provide reimbursements for some of the costs associated with the upcoming primary elections; and

WHEREAS, one of the costs for which the County will be seeking reimbursement for its staff overtime in connection with fulfilling mail-in ballot requests; and

WHEREAS, the Township disapproves of the proposed reimbursement and feels that this is a “usual” cost that should be borne by the County in connection with its election duties. The Township further asserts that the County should be using the funds it will receive in connection with the 2021 American Rescue Plan Act to pay its personnel.

NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Stillwater disapproves of the County of Sussex seeking reimbursement for its staff overtime in connection with fulfilling mail-in ballot requests and hereby requests that the County of Sussex utilize its own funds for such expenditures.

BE IT FURTHER RESOLVED, that the Township Clerk is directed to send a copy of this Resolution to the Sussex County Freeholders, County Administrator, and the Governing Bodies of all other municipalities in the County of Sussex.

A motion was made by Mr. Fisher to adopt Resolution 2021-59 seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, no, Mr. Fisher, Yes, Mayor Chammings, Yes.

RESOLUTION 2021-060 Confirming the increase in weekly work hours for Dawn Tighe

WHEREAS, the Stillwater Township Committee at its meeting on April 6, 2021 approved an increase in the number of weekly hours that Dawn Tighe will work for the year 2021; and

BE IT RESOLVED that this resolution confirms the verbal resolution adopted by the Township Committee on April 6, 2021, whereby Ms. Tighe’s weekly work hours for 2021 were increased from 20 hours per week to 26 hours per week.

A motion was made by Mrs. Rumsey to adopt Resolution 2021-60 seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, Yes, Mayor Chammings, Yes.

RESOLUTION 2021-061 Mayor’s Appointment of Kyle Kavanagh as Member of the Stillwater Area Volunteer Fire Co., Inc. with Committee concurrence

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater do hereby concur with the Mayor’s appointment of Kyle Kavanagh as a Member of the Stillwater Area Volunteer Fire Department.

BE IT FURTHER RESOLVED that this appointment was made at a meeting of the Township Committee on Tuesday, April 20, 2021.

A motion was made by Mr. Scott to adopt Resolution 2021-61 seconded by Mr. Morrison. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, Yes, Mayor Chammings, Yes.

OPEN PUBLIC SESSION

Mr. Louis Sylvester, 945 Old School House Road, voiced his concerns about the property located at 947A Old School House Road. Mr. Sylvester said there is debris, stumps and wood chips all over the property. Mr. Sylvester stated he was told to wait until June when the Soil Conservation permit expired. Mr. Sylvester said he called Soil Conservation and spoke with Jeffrey Eckerd who said Soil Conservation has no jurisdiction over stumps, debris and property clean up and suggested Mr. Sylvester come back to the township and have the zoning officer investigate and send the owner a notice to clean-up the property. Mr. Sylvester added he feels after three years the owners where not planning on cleaning up the property and a notice should be sent.

Mr. Sylvester also quoted Stillwater Ordinance 123-1 which states, “ Duties of owners, tenants or person in possession. /Ch 123: Brush, Grass and Weeds: to keep the lands free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, where the same are inimical to the preservation of public health, safety  or general welfare of the Township, or which may constitute a fire hazard.” Mr. Sylvester continued that section 123-2 Owner or tenant to be notified of hazard reads: In all cases where it shall be necessary and expedient for the preservation of the public health, safety or general welfare or to eliminate a fire hazard, the owners, the tenants or the person in possession of lands within the Township of Stillwater upon which there are brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris shall be notified in writing by the Zoning Officer of the Township of Stillwater to remove the same.

Mr. Sylvester said this has been going on for three years and is a health issue and asked the township committee to please enforce the code on the township’s books.

Mayor Chammings said she did drive by the property yesterday and could not see much from the road and said she will ask the temporary zoning officer to visit the property. Mayor Chammings asked if the zoning officer or other township personnel could use his property to access the property in question. Mr. Sylvester said yes along with Mr. Leahy who owns 947 Old School House Road immediately in front of 947A. Mr. Leahy said he also spoke with Mr. Eckerd of Soil Conservation. Mr. Leahy continued his back yard is a swamp because of all the disturbance with 947A and he is left with the clean up of wood chips, debris and drive-way maintenance of the shared driveway.

Mr. Stanley Zeveney, 948 Old School House Road, stated he also made a complaint regarding ponding water and mosquito issues stemming from the soil and tree disturbance. Mr. Zeveney asked if environmental fence when property is clear cut? Mayor Chammings said yes, a fence is usually put around the area. Mr. Zeveney said there is no fence. Mr. Zeveney also noted the tree cutting took place from 7 a.m. to 4 p.m. daily for many months and residents from Fairview Lake Lane West were complaining about the noise.

Mayor Chammings said please allow a little time for the interim zoning officer to visit the property and make his determination(s) and send notification to the owners.

Seeing no one from the public wishing to speak this portion of the meeting was closed.

ATTORNEY’S REPORT: Mr. Bolcato said he researched ordinances regarding 5G installation of small nodes as requested by Mayor Chammings to be discussed at a future meeting.

There being no further business to attend to, a motion was made by Mr. Scott, seconded by Mrs. Rumsey to conclude the Executive Session at 8:38 p.m., unanimously carried by roll call vote.

Respectfully submitted,

Lynda Knott, Township Clerk