August 20, 2019 Regular Meeting Minutes

STILLWATER TOWNSHIP COMMITTEE MEETING

Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:02 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.

Roll Call was taken and the flag was saluted.

PRESENT: Committeeman Gross, Committeeman Morrison, Committeeman Fisher, Deputy Mayor Scott, Mayor Chammings, Municipal Clerk Lynda Knott, Attorney Angelo Bolcato

REGULAR SESSION:

MINUTES:

Regular Minutes: July 16, 2019

Mr. Scott made a motion to approve the minutes as listed, seconded by Mr. Gross.

Roll Call Vote: Mr. Morrison, yes, Mr. Gross, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, Yes

Executive Meeting Minutes Part 1-July 16, 2019

Mr. Scott made a motion to approve the minutes as listed, seconded by Mr. Gross.

Roll Call Vote: Mr. Morrison, yes, Mr. Gross, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, Yes

Executive Meeting Minutes Part 2- July 16, 2019

Mr. Scott made a motion to approve the minutes as listed, seconded by Mr. Gross.

Roll Call Vote: Mr. Morrison, yes, Mr. Gross, yes, Mr. Scott, yes, Mr. Fisher, abstained, Mayor Chammings, Yes

RESOLUTIONS:

2019-079 Authorizing Reimbursement to Paulinskill Lake Association for 2018 Snow Plowing

2019-087 Authorizing Refund of Camp Registration Fees

2019-088 Authorizing submission of 2020 DOT Grant Application

2019-089 Assigning the Issuance of not exceeding $2,206,590 Bond Anticipation Notes

Mr. Scott made motion to adopt the resolutions as listed, seconded by Mr. Gross.

Roll Call Vote: Mr. Morrison, yes, Mr. Gross, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

REPORTS:

Building Department Report for July 2019

DPW Report for July 2019

QPA Report for July 2019

Convenience Center Report for June 2019

Zoning Officer Report for May, June and July 2019

Mr. Scott made a motion to accept the reports as submitted, seconded by Mr. Gross.

Roll Call Vote: Mr. Morrison, yes, Mr. Gross, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

BILLS LIST #12: $1,153,332.26

RESOLUTION 2019-090 PAYMENT OF BILLS

Mr. Scott made a motion to adopt Resolution 2019-090, seconded by Mr. Gross.

Roll Call Vote: Mr. Morrison, yes, Mr. Gross, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

AMENDMENTS TO AGENDA:

Add to discussion: Bill from Animal Hospital

COMMITTEE REPORTS:

Mr. Gross asked if the Fire Department gave a report. The Clerk replied no. Deputy Chief Sugar said he is willing to do an oral report.

Mr. Scott reported the DPW has been working early paving. Mr. Scott and Mr. Raff had conducted interviews for the two positions available in October. Mr. Scott noted the playground at Veteran’s Memorial Park is in but there is an issue with it. Mayor Chammings asked how many applications were received. Mr. Scott said they had received eighteen (18) applications came in and they narrowed it to ten (10); interviewed the ten applicants and the three final applicants will be interviewed by the Township Committee at the September 3, 2019 meeting.

Mayor Chammings asked Mr. Sugar to give his oral report. Mr. Sugar noted the fire department has had 103 calls so far in 2019. Mr. Sugar said the new RTV has already been used on five calls and is doing well. Mr. Sugar also said the fire department has purchased and received the skid unit for the RTV and they have ordered the trailer for the RTV and once received everything is complete. Mayor Chammings said the RTV can reach Crater Lake and surrounding areas but other emergency vehicles cannot get though. Mr. Sugar reported he has spoken with the Fire Service people and they have the equipment to fix the road for emergency vehicles but need material. Mayor Chammings said that millings stored at the Recycling and Convenience Center may not all be used and could be material to fix the fire road. Mr. Sugar said if that is possible it would be great and if the DPW could transport the millings to the cul-de-sac it would be even better.

Mrs. Terry Beshada, 1032 Stillwater Road, asked Mayor Chammings if she could ask a question of Mr. Sugar. Mayor Chammings replied yes. Mrs. Beshada asked Mr. Sugar what the protocol is for using sirens and lights. Mrs. Beshada noted at a recent auto accident on Stillwater Road the fire trucks came using only their lights but a private vehicle passed her home with sirens and lights at 9:45 p.m. Both Mr. Sugar and Chief Van der Haeghen agreed that protocol was addressed in the department’s Standard Operating Procedures. Mr. Sugar added he and Chief Van der Haeghen have the only red light permits which allow the use of sirens and lights and that state statute says to activate sirens and lights at the same time. Mr. Sugar stated they try not to use the sirens at night.

Mr. Morrison reported the Planning Board meeting for August 21, 2019 has been cancelled for lack of agenda.

Mayor Chammings thanked the Recreation Commission and Tanya and Steve Stark for the board representing Stillwater at the fair. Mayor Chammings noted the board won first prize and the Starks would be recognized by the Sussex County Board of Chosen Freeholders at their September 25, 2019 meeting. Mayor Chammings invited anyone that had not seen the board at the fair come to Town Hall where it is displayed in the building department. Mayor Chammings reported the Environmental Commission met and she has asked that someone on the Commission read the DEP Forestry Stewardship/Management report to see if it mentions anything about municipalities like Stillwater who have large amounts of Federal and State forests. Mr. Dvorsky and Mr. Szabo agreed to review the document. Mayor Chammings noted four members of the Environmental Commission are attending a meeting in Sparta regarding the harmful algae blooms. The number in Vermont is 40,000 before closing bodies of water and 20,000 in New Jersey. The Environmental Commission is also looking for grants for the Swartswood Lake aeration system.

Mayor Chammings also reported she attended the pre-construction meeting for Old School House Road. The project will begin on August 21^st and should take approximately five days (drainage 3 days and they are hopping to do the milling and paving all in one day with possible road closure). Mr. Fisher asked if the fire department will be notified if there is a road closure. Mayor Chammings said the contractor will notify emergency services if there is a closure.

OPEN PUBLIC SESSION

At this point, this portion of the meeting was opened to the public.

Vera Rumsey, 956 Fairview Lake Road asked for an update on the Swartswood Firehouse acquisition, noting the property is becoming dilapidated. Mayor Chammings reported all the closing documents have been signed except for a resolution which has to be signed by all trustees. Two of the four have signed and Mayor Chammings will be meeting with one of the trustees between his two full time jobs so he could sign. Mr. Scott stated until the township owns the property, maintenance issues cannot be addressed.

Kathy Draghi, 1016 Route 619 asked why no property taxes have been paid by the Swartswood Fire Department for 2019. Mrs. Draghi stated the 2019 delinquent taxes are now approximately $14,000.00. Mayor Chammings noted the cell tower taxes have been paid. Mr. Bolcato said the Township will be covering the taxes as part of their agreement with the Trustees. Mr. Draghi added the Tax Assessor gives the building an assessment and that revenue stream is not happening. Mayor Chammings agreed. Mrs. Draghi also noted the Herald misreported the Township acquired the building in March.

Vera Rumsey, 956 Fairview Lake Road asked for an update on her request for increased patrols and monitoring of speeding and other issues in the township. The Clerk reported she had spoken to Sgt. Gray of the Sherriff’s office. He is the officer in charge of patrols. Sgt. Gray said the cost is $80 per hour per man for a four hour patrol. Sgt. Gray suggested instead of one car he would schedule two because Stillwater is remote and should there be an incident back up would be nearby. Sgt. Gray stated the Township could have as many or as few of the additional patrols as wanted. The clerk added this would be discussed at budget time. Mayor Chammings noted the Township still has its police line item and if possible the Township would budget for $20,000 for police. Mayor Chammings also said she spoke with the State Trooper on the non-emergency line and found the State Police would patrol too if that is what the Township wanted. Mayor Chammings said it was a very informal call and no costs were discussed.

Mary Johnston, owner of Block 311 Lot 19 on Poplar Terrace came to discuss the Johnston’s wish to purchase Block 311 Lot 18 from the Township. They have been trying to get an answer from the Township Committee since 2015. Mr. Morrison said he would look up the lot and get back to Mary Johnston. Mr. Morrison is hoping to have the land sales ready by October.

There being no further members of the public wishing to speak, this portion of the meeting was closed.

OLD BUSINESS:

Plymouth Lake Dam Repair:

Mr. Bolcato stated the contract negotiations would be discussed in Executive Session.

Land Sales:

Addressed earlier in the meeting.

NEW BUSINESS:

ORDINANCE 2019- 08

AN ORDINANCE AMENDING CHAPTER 240 OF THE CODE OF THE TOWNSHIP OF STILLWATER (KNOWN AS “LAND DEVELOPMENT ARTICLE V § 240-37 “COMPLETENESS OF APPLICATION”) TO CHANGE CERTIFICATION OF ZONING BOARD OF ADJUSTMENT APPLICATIONS

WHEREAS, the Stillwater Township Committee has reviewed Chapter 240, Article V, §240-37, “Completeness of application,” and has determined that this section should be modified in order to change and replace the definition of Certification 1(a);

NOW THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of Stillwater that Chapter 240, Article V, “Procedures and General Provisions Applicable to Both Boards,” §240-37 – “Completeness of application” shall be repealed and replaced with the following language:

1(a) By the Zoning Board of Adjustment Engineer, who is the designated official of the Township to make such determinations with respect to all applications to the Zoning Board of Adjustment; or

Conflicts & Severability. If other ordinances, parts of ordinances or other local requirements are inconsistent or in conflict with this ordinance, are hereby superseded to the extent of any inconsistency or conflicts, and the provisions of this ordinance shall apply.

Continuing Validity. All provisions of this Ordinance not changed in accordance herewith shall remain in force and effect.

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 Planning 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.

This Ordinance shall take effect upon final adoption of publication as may be required by law.

Mr. Fisher made a motion to adopt Resolution 2019-086, seconded by Mr. Morrison.

Roll Call Vote: Mr. Morrison, yes, Mr. Gross, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

DISCUSSION ITEMS:

Energy Aggregation Program:

Mayor Chammings reported the 4:00 p.m. presentation was given to a full meeting room and the 6:00 p.m. session had less attendees but both presentations went well and for the most part residents left happy with the presentation. The Clerk will post a link for the presentation on facebook and the township’s website with the recorded audio from both presentations so that residents who were unable to attend could view for themselves. Mayor Chammings added there will be one more communication regarding this program that will be coming from JCP&L. Mayor Chammings noted you may opt in or out at any time without penalty. Residents who have third-party suppliers and/or solar did not receive any communications regarding the program. Mr. Morrison added the program is not a scam (as posted on social media) but it is a share service for energy purchasing.

Veterinary Bill:

The Clerk presented the Township Committee with a bill for veterinary services for a stray dog who was transported to Newton Animal Hospital by a good Samaritan. The Animal Hospital housed the dog from April 16 through May 1, 2019 and sent the Township a bill. The CFO said there is enough money in the Dog Trust to pay the bill. After a brief discussion the Township Committee decided to deny the bill.

Open Public Session:

At this point, this portion of the meeting was opened to the public.

Mrs. Tanya Stark gave the Township Committee kudos for denying the veterinary bill and said if a good Samaritan brought them the dog they should continue the Samaritan act by giving back and not sending a bill to the Townshp.

There being no members of the public wishing to speak, this portion of the meeting was closed.

EXECUTIVE SESSION:

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Scott, seconded by Mr. Gross and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 7:58 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; Attorney/Client; Contract negotiations; Public Safety

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.

There being no further business to attend to, a motion was made by Mr. Scott, seconded by Mr. Morrison to conclude the Executive Session at 9:14 p.m., unanimously carried by roll call vote.

Mr. Scott made a motion to permit the Stillwater Township Employees to take the time off they needed, seconded by Mr. Morrison.

Roll Call Vote: Mr. Morrison, yes, Mr. Gross, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

There being no further business, Mr. Scott made a motion to adjourn the meeting, seconded by Mr. Gross at 8:50 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, RMC

Township Clerk