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February 20, 2024 Regular Meeting

Township Committee
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STILLWATER TOWNSHIP COMMITTEE

REGULAR MEETING MINUTES

FEBRUARY 20, 2024

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor L. Chammings at 7:02 p.m. Mayor L. Chammings stated that this meeting is being held in compliance with the provisions of P.L. 1975, Ch. 231, Secs. 4 & 13 the Sunshine Law and that adequate notice of the meeting has been published in the New Jersey Herald as to the time, place, and date of meetings, and is posted in the usual location of posted notices in the municipal building as well as electronically on the township website and Facebook page.

ROLL CALL: Committeeman D. Manser, Committeewoman D. Delaney, Committeewoman V. Rumsey, Mayor L. Chammings

Also Present: Township Attorney E. Bernstein

Absent: Committeeman G. Scott

 

FLAG SALUTE: Mayor L. Chammings led the Flag Salute.

OUTDOOR PUBLIC EVENT PRESENTATION FOR DISCUSSION-BROADSIDE PRODUCTIONS, INC.

Assistant Location Manager Jessica Chavarria and New Jersey Motion Picture & Television Commission and Associate Director David Schoner attended the meeting to address the Township Committee on a new feature film entitled “A Complete Unknown” a biopic about Bob Dylan. It will be taking place in the 1960s so the cars, décor and clothing will be from that era. It’s a small scene that’s being filmed here which will mostly take place inside the residence located at 952 Old School House Road and toward the evening. They will be as minimal as possible with their impact on the town. The latest that the filming may take place will be until 11:00 PM. There will also possibly be a filming of the car driving on the road up to the home.

A scout will be back up during the second week in March to look over the area and plan out the details on where the staging will take place. March 26th and 27th will be the filming days. They will start prepping and setting up March 18th and will be wrapped up and out of town by April 1st. The cast and crew at most will be 150 people at this location but most likely there won’t be that many and not all on the set at once, she can’t give a definite number at this time. The commercial trucks and trailers will only be in Stillwater Township on the shooting days and they will remain parked at an off-site location either at the Stillwater Recycling Center or possibly at the Girl Scout Camp. They will not be parking any vehicles on the street. Any residents on the street that they may use their driveway for parking, a porta john trailer, food truck or equipment/crew will be compensated. She’s spoken with a couple neighbors so far about using their driveways and still have more to contact.

Committeewoman D. Delaney asked how they ended up picking that location. Ms. Chavarria replied that they are cheating the real location a bit but this location is a close as possible to what the original looked like. Their next meeting will take place between March 5th-8th to discuss the logistics. They want to make sure not to impact the town. They will be using black 15-20-person passenger vans to transport the cast and crew from the trucks & trailers to onsite.

Mayor Janice Kovach of Clinton, NJ called and spoke with Mayor L. Chammings and spoke very highly of Broadside Productions, that they were a pleasure to work with and made sure that it was a minimal impact on the town and residents; they worked with the homeowners.

Ms. Carvarria stated that they have an inconvenience agreement to compensate any residents that are impacted. She stated that the passenger van and landscape size trailer with pull up to the set in the morning, drop off the equipment and crew then leave.

Committeeman D. Manser stated that the weather could still be bad in March. What will happen if it snows?

Mr. Schoner replied that there will be people watching the weather and if they see that snow is predicted that they would make an early call to change it to a future date or may cut it. They will alert every one of the changes right away. If it’s rainy weather it should still be fine to film.

Committeeman D. Manser noted that Old Schoolhouse Road is not a wide road. He suggested contacting the Sheriff’s Department to assist with traffic especially during the school drop offs and pickups to help regulate traffic and safety. They will be working in conjunction with the officers for safety for themselves as well as the residents.

Mayor L. Chammings asked if they would need to close the road at all. Ms. Chavarria replied that if they had to close the road, which she won’t know until the meeting in March, that it could be for as few as 5 minutes or it may be longer if there is equipment on the road that they need to remove. The Sheriffs Department could help with that and if there was an emergency on the road or at a resident’s address, they would be right there.

Ms. Chavarria stated that the resident homes on the map that was provided to the Town Committee shows the neighbors that she’s spoken to and have agreed to assist with parking trailers, the crew, equipment and porta johns.

Mayor L. Chammings opened up the floor for public discussion for those in the audience and on zoom that live on the road or that have questions regarding the filming.

Township Resident Wayne Picun from 954 School House Road stated that he lives next door to where the filming will take place. He said that him and his family enjoy peace and quiet in the Spring. He asked if they would be compensated being a direct neighbor to the filming and the neighbor on the other side of the property. Ms. Carvarria stated that they will be compensated. Mr. Picun stated that he has an adult daughter that lives at home with them that is agoraphobic and stressed about there being so many people around their property. He stated that he will speak with Ms. Chavarria and Mr. Schoner about it further outside of the meeting.

Mr. Joseph Doherty stated that he is looking forward to the filming of the movie and will help cooperate with them in whatever way he can.

Mr. Louis Sylvester stated that he wants to be part of the action! He asked if written notification for the schedule and crowd control info could please be sent to the residents so that they will know what’s going on. Ms. Chavarria stated that after their meeting between March 5th-8th and the scout being up here that they will distribute all the information to the neighbors.

Ms. Kristen Picun stated that she had a plethora of concerns; that the whole situation has given her much anxiety. Ms. Carvarria stated that she will give Ms. Picun her contact info, that she can reach out any way that she’s comfortable with. Ms. Picun stated that she’s concerned with endangering the local animals with more traffic going up and down the road as well as that many people being in the area and their equipment. Ms. Carvarria responded that they’re trying to keep their impact as minimal as possible and all the large trucks and trailers will be off site. The passenger vans and small truck will be there for drop off and pick up only. She also noted that all of their drivers are Union Drivers from Local 817 and drive the tri-state area regularly. They have 30-40 years of experience of driving the vans and are very safe drivers. They have daily safety meetings and speak with the drivers which the union requires. They make production aware of all the local creatures and the area that they will be driving in. Ms. Picun stated that she will address her concerns privately with Ms. Carvarria. She asked why other neighbors have been formally addressed but they haven’t been yet? Ms. Carvarria stated that they had just begun to canvas the neighbors.

Mayor L. Chammings stated that the first part of the application was to submit and approve the Outdoor Public Events permit. They wanted to submit the permit and speak with the town prior to contacting everyone.

Ms. Picun stated that she did not want anyone on their property. Ms. Carvarria stated that she will make it very clear not to go on their property. Mr. Schoner stated that there is one person assigned as the location person that is assigned to the property so they will know who/what can go where and when and know to make sure that no one goes on their property.

Ms. Carvarria stated that she is willing to share her contact info with any member of the public that may have any additional questions or concerns.

Mayor L. Chammings stated that they will formally accept the permit application at the March 5th meeting. Township Attorney E. Bernstein stated that if there are any updates or any concerns that needed to be answered to please have them addressed for the next meeting for approval to take place.

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to approve the current subject to review by the applicable township officials.

ROLL CALL Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

MINUTES: February 6, 2024 Regular & Executive Session Meeting Minutes

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to adopt the meeting minutes as presented.

 

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

CORRESPONDENCE:

 

  1. Rutgers University Center for Government Services Online Program for elected Municipal Officials

Mayor L. Chammings stated that she will attend one of the classes in April which covers “The Powers & Duties of the Municipal Governing Body”. The seminar provides governing body members with an overview of municipal government and the multitude of challenges affecting it’s efficient, timely and ethical operations. She will check with CFO T. Leonard to make sure that she can register for the class which costs $200.00.

 

  1. NJDEP Suspected Hazardous Substance Discharge Notification

Mayor L. Chammings stated that this hazardous substance discharge notification was a heating oil spill on the ground at 922 Fairview Lake Road. The cleanup is pending.

  1. Disabled Veteran Property Tax Exemption Nicholas Carriera

Mayor L. Chammings stated that this was a notice from Tax Assessor Penny Holenstein showing that 911 Hillcrest Road has been approved for Veteran’s Property Tax Exemption. They will expect the Resolution to be on the next meeting agenda.

  1. Sussex County Department of Health Upcoming Events

Mayor L. Chammings stated that the Sussex County Health Department sent over their Public Health Nursing upcoming events such as a Women’s Health Screening, Child Health Conference, Health Check Clinic, etc. They can be viewed on their website if anyone from the public is interested.

REPORTS:

  1. Community Center Receipt Report – January 2024
  2. Peddler License Report- January 2024
  3. Landlord Registration Fees- January 2024
  4. Recreation Commission Report – January 2024
  5. Board of Health Receipts – January 2024
  6. Construction Permit Activity Report January 2024
  7. Vacant/Abandon Property Registration Report – January 2024
  8. Convenience Center Report – January 2024
  9. Registrar Report – January 2024
  10. Certified Copies Report – January 2024
  11. 2023 Accumulated Absences Summary
  12. ACO Report – January 2024
  13. Stillwater Area Vol Fire Co Profit Loss Detail Jan-Dec 2023
  14. 2023 Annual Zoning Board Report
  15. Sussex County Health Inspection Report January 2024
  16. Zoning Report – January 2024

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeeman D. Manser to adopt the reports as presented.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

AMENDMENTS TO AGENDA:

Mayor L. Chammings stated that there were no amendments to be made to the agenda.

PUBLIC SESSION (Agenda Items Only – 3 Minute Time Limit)

PUBLIC SESSION OPEN.

Township Resident K. Picun stated that she wanted to speak about the Resolution authorizing acceptance of the spotted lanternfly grant. She stated that the chemicals used are a harmful substance that is put out into the world. Mayor L. Chammings stated that her concerns are duly noted. Ms. Picun stated that it’s also a lot of money that could be used on other things in her opinion. Mayor L. Chammings stated that the money for the lanternfly traps is purchased using a grant so it’s not through taxpayer dollars. She believes the majority if not all of the application was done on Township property, she will check with CFO T. Leonard to see where it was applied last year. Township Attorney clarified that they are only approving applying for the grant in the Resolution.

Township Resident L. Sylvestor from the Historical Society stated that a letter was distributed to the committee asking for Stillwater Township’s support in applying to the New Jersey Historic Trust for a grant to fund an engineering assessment of the Grist Mill to better understand the structural issues. He explained that the State owns the property but that the Historical Society can advocate for the funds to restore the mill. He asked that the Township Committee write a letter of support or a resolution supporting their plan to fund an engineering study of the Shafer Grist Mill. The grant application is due to NJHT on April 18th. Mayor L. Chammings stated that they can do a resolution to be in support of the Historical Society at the first meeting in March. The Township Committee gave their verbal agreement of support.

Mr. Sylvestor stated that he also had something informational for the Township Committee from the Kittatinny Education Foundation (KEF). It’s a group of citizens looking to raise private funds which are tax deductible donations. They are a philanthropic non-profit 501-3C organization. They are looking to get the word out to invite all members of the Kittatinny School Community, which includes current Cougar Parents, Cougar Alumni, and parents of the Cougar Alumni, to join in their efforts to enhance the educational opportunities for all of our students in the Kittatinny School District and to engage the entire community in philanthropic giving that strengthens our public schools, supports our teachers, and inspires our students. He asked to please post their information on the bulletin board at town hall.

Mr. Sylvestor handed out a flyer for their Memorial Day program that the township always helps to get the word out to veterans that live in Stillwater & Fredon.

No further public comment.

PUBLIC SESSION CLOSED.

OLD BUSINESS

ORDINANCE 2024-04

AN ORDINANCE AUTHORIZING THE PUBLIC SALE
OF REAL PROPERTY TO CONTIGUOUS PROPERTY OWNERS
PURSUANT TO N.J.S.A. 40A:12-13(b)(5)

WHEREAS, the Township of Stillwater is the owner of certain real property set forth in Schedule “A”, which properties are not needed or required for municipal use; and

WHEREAS, the lots are less than the minimum size required for development under the municipal ordinance and is without capital improvements; and

WHEREAS, the Township Committee deems it in the best interest of the Township of Stillwater to sell the properties to owners of each contiguous property in accordance with the provisions of N.J.S.A. 40A:12-13(b)(5) and N.J.S.A. 40A:12-13.2; and

WHEREAS, the sale shall be conducted as an auction limited to contiguous property owners to be held at the Township of Stillwater Municipal Building, 964 Stillwater Road, Newton, New Jersey 07860 on June 18, 2024, at 7:00pm or such adjourned date as may be determined by the Stillwater Township Committee; and

NOW, THEREFORE, BE IT ORDAINED by the Stillwater Township Committee as follows:

  1. The Township of Stillwater shall offer for sale by auction, pursuant to the provisions of N.J.S.A. 40A:12‑13(b)(5) and N.J.S.A. 40A:12-13.2, the properties listed on Schedule “A” to the contiguous property owners. Schedule “A” also contains the minimum sale price for each property. The sale is limited to contiguous property owners, and the sale is conditioned upon the property being sold merging with the contiguous property owner’s existing property. The properties being sold are less than the minimum size required for development under the municipal zoning ordinance and are without any capital improvement and shall be merged with the purchaser’s contiguous lot. The Township Committee reserves the right, in its discretion to reject all bids for each property for any reason, including but not limited to, in the event that the minimum sale price for such property is not met.
  2. Upon final passage of this Ordinance, the sale shall take place on June 18, 2024 at 7:00pm at the Stillwater Township Municipal Building, 964 Stillwater Road, Newton, New Jersey, subject to receiving no higher bid for said parcels, after offering same to the highest bidder, at said time and place.
  3. A copy of this Ordinance shall be posted on the bulletin board or other conspicuous place in the Stillwater Township Municipal Building. Notice of adoption of this Ordinance shall be made in the official Township newspaper within five (5) days following the enactment of the Ordinance. Notice of the public sale shall be published in the official Township of Stillwater newspaper by two (2) insertions at least once a week during two (2) consecutive weeks, the last publication shall be within seven (7) days prior to the sale date.
  4. The property shall be sold subject to the following terms and conditions:
  5. The property is sold “as is”. No representations of any kind are made by the Township as to the conditions of the property, and the descriptions of the property are intended as a general guide only and may not be accurate. The properties are being sold in the present “as is”, “where is”, with all faults.
  6. The sale shall be made after legal advertisement of this Ordinance to the highest bidder who is the owner of a contiguous property, which property shall merge with the property being sold, and become part of the contiguous property owned by the successful bidder.
  7. The Township does not warrant or certify title to the property and in no event shall the Township of Stillwater be liable for any damages to the purchaser-successful bidder if title is found unmarketable for any reason and the purchaser-successful bidder waives any and all right in damages or by way of liens against the Township. The sole remedy being the right to receive a refund prior to closing of the deposit paid in the event title is found unmarketable. It shall be the obligation of the successful purchaser to examine title to said premises prior to the closing. In the event of closing and a later finding of defect of title, the Township shall not be responsible for same, shall not be required to refund money or correct any defect in title or be held liable for damages.
  8. Acceptance of the highest bid shall constitute a binding agreement of sale and the purchaser shall be deemed to agree to comply with the terms and conditions of the sale herein contained.
  9. The highest bidder shall deposit with the Township cash, check or money order in the amount of not less than 10% of the bid price at the time of sale. In the event the successful bidder fails to deposit 10% of the bid price at the time of the sale, the Township of Stillwater will re-auction the property at the same public sale. If the successful bidder fails to pay the deposit, the bidder shall be responsible for any difference between their bid and the final sale bid in the event such bid is lower than the bid of the original bidder.
  10. The highest bidder must pay the balance of the purchase price, plus (1) the sum of $275 for the legal services incurred by the Township; (2) the Township of Stillwater’s advertising and the actual recording fees within thirty (30) days after the date the Council adopts a resolution confirming the winning bid(s); and (3) realty transfer fees, if any. The balance shall be paid by certified funds. In addition, for all properties that are subject to Section 5 (r) of this Resolution, the Purchaser shall provide the Township Attorney with a copy of the deed for their existing property and their title insurance policy within seven (7) days of their being notified that they are the successful bidder of the sale. Once the purchase price has been paid, a Quitclaim Deed without covenants will be prepared by the Township Attorney and, after execution by the Township Officials, shall be recorded with the Sussex County Clerk’s Office by the Township Attorney. Additional work performed by the Township Attorneys beyond the standard preparation of the sale resolutions, notice of sale, letters to property owners and adjoining property owners, Deed and closing statement shall be billed at the rate charged by the Township Attorney and shall be the responsibility of the purchaser, which fees must be paid prior to the Deed being recorded.
  11. The Deed will be subject to all matters of record, which may affect title herein, what an accurate survey may reveal, the Ordinances of the Township of Stillwater and reserving an easement for all natural or constructed drainage systems, waterways, water and sewer easements, if any, on the premises and the continued right of maintenance and flow thereof.
  12. The property will be sold subject to the current year taxes, prorated from the date of sale.
  13. The Township Committee reserves the right to withdraw this offer to sell, or upon completion of the bidding to accept or reject any or all bids for said properties or to waive any informality in relation thereto.
  14. All bidders currently owing property within the Township must have their taxes, as well as all municipal utility charges, if applicable, paid to date in order to be a qualified bidder. In the event the bidder’s taxes or municipal utility charges are delinquent, the bidder shall be deemed unqualified and such bid shall be rejected.
  15. This same is made subject to all applicable laws, statutes, regulations, resolutions and ordinances of the United States, State of New Jersey and Township of Stillwater.
  16. No employee, agent or officer of the Township of Stillwater has any authority to waive, modify or amend any of the conditions of sale.
  17. The purchaser must abide by appropriate zoning, subdivision, health and building regulations and code, and agrees that this sale will not be used as ground to support any variance from or realization of the regulations.
  18. The failure of the purchaser to close on title within the time provided for in Subsection 5(f) of this Ordinance shall constitute a breach of this Ordinance unless the Township agrees in writing prior to that date to extend the time of the closing. In the event the purchaser fails to close within the dates provided for in Subsection 5(1) or such date as may be extended by the Township, the deposit paid by the purchaser shall be retained by the Township as liquidated damages. The municipality is entitled to retain the purchaser’s deposit to the extent of any expenses and/or losses it incurs including but not limited to advertising costs, attorney’s fees, lost tax revenues from the date of the required closing as well as additional cost of resale and the difference in the sales price, to the extent the property is sold for a lower price and any subsequent sale. The only exception to this section is in the event that the purchaser fails to close as a result of the title being unmarketable, in which case the Purchaser shall be entitled to a refund of their deposit as provided for in Subsection 5(c) of this Ordinance.
  19. The purchase shall not be used for any County, Board of Taxation, Tax
    Court of New Jersey, or in any Courts of the State as grounds to support a challenge of the existing assessments with regard to other properties.
  20. The sale shall be subject to final approval by the Township Committee.

Potential Bidders are advised:

(1) To conduct all necessary title searches prior to the date of sale.

 

(2) No representations of any kind are made by the Township of Stillwater as to the conditions of the Property, including habitability or usability; the Property is being sold in its present conditions ”as is”.

(3) The Property will be conveyed by a Quit Claim Deed and such conveyance shall be subject to all covenants, restrictions, reservations and easements established of record or by prescription and without representation as to character of title of the Property to be conveyed.

(4) The highest bidder for the Property shall have the right, at its sole cost and expense, to obtain a new survey of the Property. Provided such survey depicts the Property and is certified to be correct to the Township of Stillwater, the Township of Stillwater shall utilize the legal description drawn in accordance with such survey in the Deed of conveyance, provided the highest bidder provides such legal description and a copy of the certified survey to the Township of Stillwater not less than one week prior to the date set for closing of title.

Additional Terms the Successful Bidder must comply with:

(1) To abide by appropriate zoning, subdivision, health and building regulations and codes and stipulate that this sale will not be used as grounds to support any variance from the regulations.

(2) That the failure to close title as agreed shall forfeit to the Township of Stillwater any and all money deposited with the Township.

  1. Severabilitv. 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.
  2. 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.
  3. Effective Date. This Ordinance shall take effect immediately upon adoption and publication in accordance with law.

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

SCHEDULE A

Tax Block Lot Location Lot Size Minimum

Sale Price

501 6 East Court 70 x 165 $250

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to open Ordinance 2024-04 for public hearing.

PUBLIC HEARING

Township Resident H. Mountford asked if the Ordinance was only for the East Court property. Mayor L. Chammings stated that it was only for that property for now and it will go up for sale on June 18, 2024 to contiguous property owners only.

PUBLIC HEARING CLOSED

A MOTION was made by Committeewoman D. Delaney and seconded by Committeeman D. Manser to Adopt Ordinance 2024-04.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

ORDINANCE 2024-05

CAPITAL ORDINANCE APPROPRIATING AN AMOUNT NOT TO EXCEED $17,500.00 FOR REPAIRS TO THE CRANDON LAKE DAM

BE IT ORDAINED by the Township Committee of the Township of Stillwater, in the County of Sussex, New Jersey, AS FOLLOWS;

Section 1. The improvement(s) or purpose(s) described in Section 3 of this capital ordinance are hereby respectively authorized as general improvements to be made or acquired by the Township of Stillwater, New Jersey. For the said improvement(s) or purpose(s) stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvement(s) or purpose(s), said sums being inclusive of all appropriations heretofore made therefore not to exceed $17,500.00.

Section 2. For the financing of said improvement(s) or purpose(s) and to meet the part of said $20,000.00 appropriations, the Township will use up to $17,500.00 from the Capital Improvement Fund, as described in Section 3.

Section 3. The purpose hereby authorized for the allocation of which said obligations are to be spent, the appropriation made for an estimated cost of each such purpose, and the estimated maximum amount of funds to be spent for such purpose, is respectively as follows:

Repairs to Crandon Lake Dam $17,500.00 Capital Improvement Fund

The aforementioned improvement(s) or purpose(s) where applicable, are in accordance with specifications on file in the office of the Township Clerk, which specifications are hereby approved.

Section 4. The following additional matters are hereby determined, declared, recited and stated:

  1. The said purpose(s) described in Section 3 of this capital ordinance are capital expenses and are each 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 specifically assessed on property specially benefited thereby.
  2. The average period of usefulness of said purposes within the limitations of said Local bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed by this capital ordinance, is a minimum of five (5) years.

Section 5. This capital ordinance shall take effect ten (10) days after the first publication thereof after final adoption, as provided by said Local Bond Law.

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to open Ordinance 2024-05 for public hearing.

PUBLIC HEARING

No further public comments.

PUBLIC HEARING CLOSED

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeeman D. Manser to Adopt Ordinance 2024-05.

Mayor L. Chammings stated that as soon as this is advertised in the newspaper to make sure that the date is calculated for when they can begin working on the dam. She asked Municipal Clerk V. Ingles to contact DPW Supervisor G. Leatham, Justin Francamore and Crandon Lakes to let them know of the date that they can start work on the dam.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

ORDINANCE 2024-06

CAPITAL ORDINANCE APPROPRIATING $31,000.00 FOR THE PURCHASE OF

2002 GMC 3500 HD BUCKET TRUCK OR EQUIVALENT

BE IT ORDAINED by the Township Committee of the Township of Stillwater, in the County of Sussex, New Jersey, AS FOLLOWS;

Section 1. The improvement(s) or purpose(s) described in Section 3 of this capital ordinance are hereby respectively authorized as general improvements to be made or acquired by the Township of Stillwater, New Jersey. For the said improvement(s) or purpose(s) stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvement(s) or purpose(s), said sums being inclusive of all appropriations heretofore made therefore and amounting in the aggregate to $31,000.00.

Section 2. For the financing of said improvement(s) or purpose(s) and to meet the part of said $31,000.00 appropriations, the Township will use $31,000.00 from the Storm Emergency Trust Fund, as described in Section 3.

Section 3. The purpose hereby authorized for the allocation of which said obligations are to be spent, the appropriation made for an estimated cost of each such purpose, and the estimated maximum amount of funds to be spent for such purpose, is respectively as follows:

2002 GMC 3500 HD Bucket Truck or Equivalent $31,000.00

Storm Emergency Trust

The aforementioned improvement(s) or purpose(s) where applicable, are in accordance with specifications on file in the office of the Township Clerk, which specifications are hereby approved.

Section 4. The following additional matters are hereby determined, declared, recited and stated:

  1. The said purpose(s) described in Section 3 of this capital ordinance are capital expenses and are each 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 specifically assessed on property specially benefited thereby.
  2. The average period of usefulness of said purposes within the limitations of said Local bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed by this capital ordinance, is a minimum of five (5) years.

Section 5. This capital ordinance shall take effect ten (10) days after the first publication thereof after final adoption, as provided by said Local Bond Law.

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to open Ordinance 2024-06 for public hearing.

PUBLIC HEARING

No further public comments.

PUBLIC HEARING CLOSED

A MOTION was made by Committeeman D. Manser and seconded by Committeewoman V. Rumsey to Adopt Ordinance 2024-06.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

ORDINANCE 2024-07

AN ORDINANCE OF THE TOWNSHIP OF STILLWATER

COUNTY OF SUSSEX, NEW JERSEY AMENDING ORDINANCE 2021-15

ENTITLED “ORDINANCE OF THE TOWNSHIP OF STILLWATER ESTABLISHING FEES FOR THE USE OF THE COMMUNITY CENTER”

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Stillwater, Sussex County, New Jersey that Ordinance 2021-15 and Township Code Chapter 182-1 Use of Community Center is amended as follows:

SECTION 1.

The Community Center deposit and fees are set as follows:

Refundable Deposit Fee

Not-For-Profit Organization $50 $100

(1 Time Event Use)

 

Resident Users $150 $300

Civil Organization Annual User Fee None $100

This Ordinance shall take effect retroactive to February 20, 2024, subject to passage and publication of this Ordinance as required by law.

A MOTION was made by Committeewoman D. Delaney and seconded by Committeewoman V. Rumsey to open Ordinance 2024-07 for public hearing.

PUBLIC HEARING

Township Resident K. Draghi thanked Committeewoman D. Delaney for all the work she went into the new Community Center Application. She asked about the insurance requirements listed on the application. Proof of insurance holding Stillwater Township harmless is required when renting the community center by organizations as well as private parties.

Committeewoman V. Rumsey asked now that the Ordinance with the fee change is adopted to please send the new requirements to all the groups. The organizations and groups are to apply each year with the requested dates and times, proof of insurance and the annual fee. The committee discussed to have all organizations submit their applications by January 1 of each year or if they should be specific dates to each group.

No further public comment.

PUBLIC HEARING CLOSED

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to Adopt Ordinance 2024-07.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

NEW BUSINESS:

RESOLUTION# 2024-34

RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT AWARD FROM

THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION

FOR HAZARDOUS DISCHARGE SITE REMEDIATION

WHEREAS, the Township of Stillwater has been awarded a Hazardous Discharge Site Remediation Fund Grant for the Project Site 992 Fairview Lake Road; and

WHEREAS, the amount of the Grant Award is up to $55,515.00; and

 

WHEREAS, the Township of Stillwater accepts the award of the Hazardous Discharge Site Remediation Grant from the New Jersey Department of Environmental Protection, Application Prod-00313597, in the amount of $55,515.00;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater, New Jersey as follows:

  1. The Township of Stillwater hereby accepts the Hazardous Discharge Site Remediation Fund Grant detailed above.
  2. The Chief Financial Officer is authorized to establish a grant line in the amount of $55,515.00.

Mayor L. Chammings stated that there will be another meeting on 2/28 to discuss 992 Fairveiw Lake Rd with the DEP.

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to adopt Resolution 2024-34.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

RESOLUTION 2024-35

RESOLUTION AUTHORIZING A TRANSFER

OF 2023 APPROPRIATIONS

WHEREAS, the Finance Officer certifies there are insufficient funds in the budgetary accounts listed below to meet the demands thereon for the balance of the year; and

WHEREAS, the Finance Officer certifies there appear to be a surplus in the budgetary accounts listed below, over and above the demand deemed necessary for the balance of the year; and

WHEREAS, N.J.S.A. 40A:4-58 provides that transfers of funds may be made during the last two months of the budget year;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater that the Chief Financial Officer is authorized to make a transfer in 2023 budget appropriations in the amount of $300.00 within the Current Fund, as follows:

A MOTION was made by Committeewoman D. Delaney and seconded by Committeeman D. Manser to adopt Resolution 2024-35.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

RESOLUTION# 2024-36

RESOLUTION SUPPORTING STILLWATER TOWNSHIP ELEMENTARY AS COLLABORATOR FOR MAKERSPACE GRANT

WHEREAS, Stillwater Township Elementary is applying for the “Expanding Access to Climate Change Education and the New Jersey Student Learning Standards through Interdisciplinary Learning and Community Resilience Projects” grant through the NJDOE; and

WHEREAS, they are requesting to study the Stillwater Community Center and require a Community Partner Collaborator; and

WHEREAS, the Stillwater Township Committee acts in full support of the proposed program; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater, County of Sussex, New Jersey hereby supports Stillwater Township Elementary as Community Partner Collaborator for the grant application.

Mayor L. Chammings stated that the Stillwater Elementary School representatives were present at the last Township Committee meeting to ask for Stillwater Township’s support for them to apply for the Makerspace Grant for the 6th graders project.

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to adopt Resolution 2024-36.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

RESOLUTION 2024-37

RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT WITH

SUSSEX COUNTY MUNICIPAL UTILITIES AUTHORITY FOR THE PROVISION

OF CERTIFIED RECYCLING PROFESSIONAL SERVICES TO CERTIFY AND

SUBMIT THE 2023 RECYCLING TONNAGE REPORT TO NJDEP

 

WHEREAS, the Township of Stillwater is required to submit a Certified Recycling Tonnage Report to NJDEP for the year 2023; and

 

WHEREAS, the Township of Stillwater does not employ a Certified Recycling Professional required to file the Recycling Tonnage Report; and

WHEREAS, the Uniform Shared Services and Consolidation Act (N.J.S.A. 40A:65-1, et seq.) (hereinafter, “the Act”) provides that local units of government may enter into a contract to provide or receive any service that either local unit participating in the Agreement is empowered to provide or receive within its own jurisdiction, including services incidental to the primary purposes of any of the participating units (N.J.S.A. 40A:65-4); and

WHEREAS, Stillwater Township will prepare the 2023 Stillwater Township Recycling Tonnage Report; and

WHEREAS, Stillwater Township wishes to request the services of the SCMUA in the form of the District Recycling Coordinator as a Certified Recycling Professional to certify and submit the required 2023 Stillwater Township Tonnage Report to NJDEP by April 30, 2024; and

WHEREAS, SCMUA has the qualified staff to certify the Recycling Tonnage Report prepared by Stillwater Township and electronically submit it to NJDEP on behalf of Stillwater Township under the terms and conditions set forth in the Shared Services Agreement.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater as follows:

1. The Mayor and Clerk are hereby authorized and directed to execute a Shared Services Agreement, a copy of which is attached hereto, with SCMUA for the provision of Certified Recycling Professional Services to certify and submit the 2023 Recycling Tonnage Report to NJDEP.

2. This Resolution shall take effect immediately.

  1. All Township Staff and Professionals are authorized to take any and all necessary actions to see to the implementation of this Resolution.

Mayor L. Chammings stated that this is something that the Township does every year and they receive money back due to the shared service.

A MOTION was made by Committeeman D. Manser and seconded by Committeewoman V. Rumsey to adopt Resolution 2024-37.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

RESOLUTION# 2024-38

RESOLUTION AUTHORIZING ACCEPTANCE OF

SPOTTED LANTERNFLY – 2024-2026 CHEMICAL CONTROL TREATMENT GRANT

WHEREAS, the Township of Stillwater has been awarded a Spotted Lanternfly – 2024-2026 Chemical Control Treatment Grant from the New Jersey Department of Agriculture to perform chemical treatment activities against the Spotted Lanternfly; and

WHEREAS, the total amount of the Grant Award is $20,000.00; and

WHEREAS, the Township of Stillwater accepts the award of the Spotted Lanternfly – 2024-2026 Chemical Control Treatment Grant in the amount of $20,000;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater, New Jersey as follows:

  1. The Township of Stillwater hereby accepts the Spotted Lanternfly – 2024-2026 Chemical Control Treatment Grant detailed above.
  2. The Chief Financial Officer is authorized to establish a grant line in the amount of $20,000.00.

Committeeman D. Manser asked what the areas are that are treated. Mayor L. Chammings replied the “Tree of Heaven” are the trees that the Spotted Lanternfly kill. She stated that there were several of those trees down on township properties. The treatment is only applied where needed. The Spotted Lanternfly is part of an integrated pest management due to the destruction that they cause. She asked Municipal Clerk V. Ingles to have CFO T. Leonard to provide the bill from last year to see where the treatment was applied.

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney to adopt Resolution 2024-38.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

DISCUSSION ITEMS:

992 Fairview Lake Road Update

Mayor L. Chammings stated that they already discussed 992 Fairview Lake Road earlier in the meeting.

Letter from the Historical Society of Stillwater Township Request For Letter of Support

Mayor L. Chammings stated that this was already discussed earlier in the meeting during public session.

Local Recreation Improvement Grant

Mayor L. Chammings stated that the deadline for the submission of the LRIG grant is February 27th so time is of the essence to complete their wish list items, get the quotes and submit the grant.

Committeewoman V. Rumsey stated that she met with an electrician at the Community Center to put together a quote for the relocation and rewiring of the cameras. She would like to be able to have an app to be able to view the community center in real time and the ability to record. The electrician said that he could put a locking cabinet to house the equipment in the furnace room. Then if there are issues at the community center it will be documented.

Mayor L. Chammings stated that they have two quotes for the entryway for handicap entry as well as for the new pickleball court. They are also planning on reconfiguring the tennis court at the park, will repave the area and turn the tennis court so there will be one tennis court and 2 pickleball courts side by side. Whatever they decide to submit just needs to be within the fund improvements to recreation items.

Mayor L. Chammings also discussed meeting Committeeman D. Manser at Veteran’s Park to determine if it’s feasible put a walking trail there.

The Community Center also needs a new AC unit and furnace. Municipal Clerk V. Ingles will contact DPW Supervisor G. Leatham to get quotes for those items from Wilco.

PUBLIC SESSION (any subject – 3-minute limit)

PUBLIC SESSION OPENED

Township Resident Marcia Bradley thanked the Township Committee for the support that they have given her and Stillwater CERT. She stated that that included previous Committeeman Tim Fisher. She announced at the January 24th CERT meeting that she would be stepping down from the Program Coordinator position and asked who was interested in the position. Committeewoman V. Rumsey suggested Maureen Tsadilas. She stated that she has worked with Maureen on several events and in addition to knowing everyone in town because she either taught them or members of their family. She also has boundless energy and is a very caring person. She asked anyone else to let her know if they were interested in the position as well. Carol Kouba will be staying on as their Secretary and Facebook Administrator. She stated that she will stay on as a member of Stillwater CERT and help Maureen, Carol and the rest of the members in any way that she can. She is interested in in working on recreating a Sussex County Basic CERT Course so new members can be trained within the county. Right now, the only courses are offered in Passaic County.

Committeewoman V. Rumsey thanked Marcia Bradley for everything that she has done for CERT.

Township Resident Heidi Mountford stated that she is very happy to hear about the pickleball court and that when they do put them in that they should be close to each other. She is also happy that the Township Committee approved accepting the Spotted Lanternfly grant.

Township Resident Joseph Doherty stated that he suggested at the February 6th Township Committee meeting for the town to not be intimidated by any government agency. He was wondering if the council has considered doing anything.

Mayor L. Chammings stated that she spoke with a County Commissioner to see if they will be doing something and they responded that they will get back to her. She stated that she wants to see if the County will be implementing something first.

Township Resident David Peloubet was present at the meeting to see if there were any updates on the tax in rem foreclosures. Mayor L. Chammings stated that unfortunately the properties are still stuck in the in-rem foreclosure.

No more public comment.

PUBLIC SESSION CLOSED

ATTORNEY’S REPORT

Township Attorney E. Bernstein stated that the only report that he had would be discussed in Executive Session.

BILLS LIST #03 $888,946.28

RESOLUTION 2024-39 AUTHORIZING PAYMENT OF BILLS

WHEREAS, the Chief Financial Officer has certified that funds are available in the proper account; and

WHEREAS, the Chief Financial 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 February 20, 2024, are on file and available for public inspection in the Office of the Chief Financial Officer and approved by the Chief Financial Officer for payment, be paid.

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney, to adopt Resolution 2024-39.

ROLL CALL: Committeeman D. Manser; yes, Committeewoman D. Delaney; yes, Committeewoman V. Rumsey; yes, Mayor L. Chammings; yes. Motion carried with all in favor.

EXECUTIVE SESSION: held in the Stillwater Township Municipal Building.

A MOTION was made by Committeewoman D. Delaney, seconded by Committeewoman V. Rumsey, with all members in favor, to adopt the Resolution permitting the Committee to go into Executive Session at 8:40 p.m.

STILLWATER TOWNSHIP COMMITTEE

RESOLUTION FOR EXECUTIVE SESSION

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: 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.

A MOTION was made by Committeewoman D. Delaney and seconded by Committeewoman V. Rumsey, with all members in favor, to go back into Regular Session at 9:05 P.M.

Township Attorney E. Bernstein stated to let the record reflect that all members of the governing body present commencing from Executive Session are present to recommence to the open session along with the Township Attorney and Township Clerk. A discussion was had between the Township Committee and the Township Attorney regarding a contractual matter; guidance was given and the Township Attorney will perform a follow up on the same. Formal action will not be taken at this time but may need to be taken at a future time. With that being said, the only appropriate motion is the motion to adjourn.

ADJOURNMENT

A MOTION was made by Committeewoman V. Rumsey and seconded by Committeewoman D. Delaney, with all members in favor, to adjourn the meeting at 9:06 P.M.

Respectfully submitted by,

Valerie Ingles

Municipal Clerk

 

Government

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