January 19, 2021 Regular Meeting

STILLWATER TOWNSHIP COMMITTEE MEETING

January 19, 2021 – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:03 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, Deputy Mayor Scott, Committeeman Fisher, Mayor Chammings, Municipal Clerk Lynda Knott and Attorney Angelo Bolcato ABSENT: Committeeman Morrison

Roll Call was taken and the flag was saluted.

PRESENTATION: Recycling Center – Jeff Gardner, Recycling Coordinator

Mr. Gardner began the discussion with saying he believes the Recycling and Convenience Center holds its own financially but there are a few changes needed to ensure that continues. Mr. Gardner discussed that Global Recycling Solutions, LLC has unique bookkeeping methods and he cannot follow along because there is no standard or concrete price because the market for recycled materials is very volatile and items the township was paid for now require payment. A discussion ensued and it was decided instead of using Global Recycling Solutions, LLC the materials will be brought directly to SCMUA where prices are posted.

Cardboard must be kept clean and dry for any vendor to accept. The container at the convenience center is open and the cardboard is wet. Wet cardboard will now only be accepted as solid waste. Mr. Gardner suggested a lean-to be built over the container to keep the cardboard dry. Mr. Gardner noted he has spoken to other municipalities and everyone seems to be in the same boat. Mr. Scott suggested getting a compacting dumpster for the cardboard and asked Mr. Gardner if he would get prices together by the next meeting on February 2, 2021. Mr. Gardner agreed to get prices for a compacting dumpster.

A discussion about stickers to use the center for Stillwater residents was also held but Mr. Scott suggested Mr. Gardner do a survey first of who is using the recycling and convenience center. Mayor Chammings suggested they wait until March when the weather was nicer for the survey.

The governing body thanked Mr. Gardner for his time and bringing these matters to their attention.

MINUTES:

December 15, 2020 Regular Meeting Minutes: A motion was made by Mr. Scott to adopt the Minutes, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

January 5, 2021 Re-Organization Meeting Minutes: A motion was made by Mr. Scott to adopt the Minutes, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

January 9, 2021 Budget Meeting Minutes: A motion was made by Mr. Scott to adopt the Minutes, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

REPORTS: DPW Report of December 2020

Building Report of December 2020

QPA Report of December 2020

Tax Collector Report of December 2020

Convenience Center Reports of November and December 2020

Environmental Commission 2020 Annual Report

QPA Report of October – December 2020

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

Mr. Scott asked why a report from the tax assessor is not included even though he has asked repeatedly for one. Mr. Scott said the tax assessor leaves at 1:00 p.m. to do inspections yet there is no log or report of these inspections. Mr. Scott feels that tax assessors should document their time like the building inspectors do and that the tax assessor is giving them a run-around. Mayor Chammings said it is not a run around and by statute the tax assessor only had to give an annual report. Mr. Fisher said there is no such statute because he had looked and found nothing. Mr. Fisher said the governing body has asked for reports and the request should have been fulfilled. Mayor Chammings asked Mr. Bolcato to review what the tax assessor is required to report/submit to the governing body. If there is a reporting not addressed Mr. Bolcato will notify the clerk to send a memo to the tax assessor on behalf of the township committee requesting the information.

Mayor Chammings asked the clerk to ask the ACO for a report and Mrs. Rumsey noted there is no report from the zoning officer. The clerk also said the fire department/ems do not send reports. Chief Sugar said he thought by reporting the number of calls in person satisfied the requirement. The clerk asked the chief to please report in writing.

BILLS LIST #01: $ 3,210,936.71

RESOLUTION 2021-023 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 January 19, 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.

A motion was made by Mr. Scott to adopt Resolution 2021-023, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

COMMITTEE REPORTS:

Mr. Scott said the DPW is working hard.

Mr. Scott reported Dawn Delaney was elected Chairperson of the Recreation Commission for 2021. Tara Tosti was elected Vice Chair and Alicia Gardener was appointed as secretary. Mr. Scott thanked the Recreation Commission for their successful holiday activities.

Mr. Scott said the Planning Board Re-organization and regular meeting will be held January 20, 2021 via zoom.

Mr. Fisher reported he met with the clerk and went over the area in lower Crandon Lakes where the proposed egress road should go. The Clerk will ask for proposals from local surveyors. Mayor Chammings noted she saw that Harold Pellow and Associates were the engineers who handled the dam at Crandon Lakes and suggested they be sent the photo to see if they have the area already surveyed. The clerk had already sent an e-mail to Mr. David Simmons who is the project engineer and was waiting to hear back from him.

Mrs. Rumsey reported the Stillwater Board of Education will meet virtually via Zoom on January 25, 2021.

Mrs. Rumsey stated the first bathroom at the community center is ready for use and the second bathroom will be completed shortly.

Mrs. Rumsey reported Trevor Havens father passed away and sent Trevor and his family her condolences.

Fire Chief Sugar was in attendance and reported the fire department answered 167 calls and the EMS 310 calls in 2020 and in 2021 the fire department has run 7 calls and the EMS 11 calls to date in 2021.

Mayor Chammings reported she attended an OEM meeting at 6 p.m. today to discuss FEMA reimbursement. Relief for Hurricane Isaias has been extended to Sussex County through an amended major disaster declaration.

Mayor Chammings also noted the OWL is up and running for Zoom meetings and there is approximately $150 in supplies needed to tie up the loose ends for virtual meetings.

Mayor Chammings said she and Committeeman Morrison held a personnel meeting on January 14, 2021 with some of the employees and they will be scheduling another for employees who work other hours. The meeting gave employees the opportunity to discuss whatever they wanted with the governing body.

Mayor Chammings also said the auditors will in town hall from February 1-3, 2021 to compile information regarding the 2020 financial statement for the township.

AMENDMENTS TO AGENDA: Committeewoman Rumsey added the outside bulletin board to discussion items.

OPEN PUBLIC SESSION:

Mr. Scott Douglas asked if anything was happening to the home located next door to him at 963 Ridge Road. Mr. Douglas added the fence is falling down, the cover on the pool is ripped and he hates to imagine a resident of “Katie’s House” wondering down to the vacant property and something happen because of the state of disrepair of the property. Mayor Chammings will ask the zoning officer about the property.

Mr. Phil Piccione, 928 Millbrook Road, asked about the selection of the mayor for 2021 voted on at the re-organization meeting. He did not understand why Mr. Morrison stopped the vote after three affirmative votes were already entered for Mr. Scott and nominated Ms. Chammings. Mr. Bolcato told him Mr. Morrison could not hear via Zoom and wanted his nomination entered. No one protested and the township committee allowed the re-do.

Seeing no one else 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 asked Mr. Bolcato if he had any correspondence back from the State from the letter he sent. Mr. Bolcato said he did not and he will follow up.

NEW BUSINESS:

ORDINANCE 2021-01 CALENDAR YEAR 2021 ORDINANCE OF THE TOWNSHIP OF STILLWATER, COUNTY OF SUSSEX, NJ TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) Introduction [Public Hearing and Adoption February 2, 2021]

WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Township Committee of the Township of Stillwater in the County of Sussex finds it advisable and necessary to increase its CY 2021 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Township Committee hereby determines that a 1.0% increase in the budget for said year, amounting to $23,801.13in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS the Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township of Stillwater, in the County of Sussex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2021 budget year, the final appropriations of the Township of Stillwater shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $83,303.96, and that the CY 2021 municipal budget for the Township of Stillwater be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

A motion was made by Mr. Scott to introduce Ordinance 2021-01, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

ORDINANCE 2021-02 Authorizing the Public Sale of Real Property to Contiguous Property Owners Pursuant to N.J.S.A. 40A:12-139(b)(5). Introduction [Public Hearing and Adoption February 2, 2021]

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 March 2, 2021, 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 March 2, 2021 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.

A motion was made by Mr. Scott to introduce Ordinance 2021-02, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

DISCUSSION ITEMS:

United Telephone Refund: Mayor Chammings discussed the designated block assigned to the easements for United Telephone is a placeholder for the annual payment of property taxes. The phone company has been granted relief from paying the right of way property tax after losing so many customers. Mr. Bolcato will look into the relief granted to the phone company and the clerk will see if there is any information available from the League of Municipalities.

Environmental Signs at Veteran’s Memorial Park: The Environmental Commission provided the governing body with similar signs they would like to have installed in Veteran’s Memorial Park to reflect the efforts of the reforestation project along the river at the park and the overall protection of the Paulins Kill. The signs will be funded through the William Penn Foundation and are a collaboration of the Wallkill River Watershed Group and the Nature Conservancy, led by Nathaniel Sajdak. The governing body appreciate the efforts of the Environmental Commission and welcome having the signs installed at the park.

Karen Cartabona – Kennel license renewal request: Mrs. Cartabona has asked that the kennel license for 2020 be extended into the summer of 2021 when the County does its inspection because of COVID. Mrs. Cartabona will provide rabies certificates for all dogs and pay the fee for the 2021 license now.

A motion was made by Mr. Scott to allow the kennel’s license to be extended until the County inspection, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

Town hall alterations due to COVID – a discussion was held about putting a half door between the two counters in the building department not only for COVID protection but for safety purposes.

Outside Bulletin Board: Mrs. Rumsey showed the governing body three signs she removed from the outside bulletin board she felt were derogatory in nature and not to be hung on township property. Mrs. Rumsey said she did not know who was behind posting the signs. Mayor Chammings noted these were not the first signs posted and she originally thought they were signs in support of President Trump. Mr. Phil Piccione, 928 Millbrook Road, who was in attendance said it was he who posted the signs to protest the way the mayoral appointment for 2021 was determined. The clerk asked Mr. Piccione if she were involved in anyway with his posting signs. Mr. Piccione said no. The clerk added she had been told by township committee members Mrs. Rumsey thought she was involved and the clerk wanted to set the record straight. The clerk said the outside bulletin board was to have somewhere outside the building residents could pick up information/forms/applications etc. while the building was closed to the public. The clerk will put a notice atop of the bulletin board that the board is not for public posting.

RESOLUTIONS:

Resolution 2021-024 Authorizing the Appointment of Alicia Gardner as Stillwater Recreation Commission Secretary

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater they do hereby concur with the Mayor’s appointment of Alicia Gardner as Secretary of the Recreation Commission effective January 1, 2021.

A motion was made by Mr. Scott to adopt Resolution 2021-024, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

Resolution 2021-025 Establishing Committee Liaison Departments

WHEREAS, it is deemed necessary to establish Departments within the Township government to provide for the orderly and efficient transaction of Township business and to promote public service.

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 allegations of the preamble are incorporated herein by this reference.

2. The following Departments are hereby established within the Township of Stillwater, effective immediately and to remain in effect until the next Reorganization Meeting of the Township Committee, unless sooner modified or terminated and the member of the Township Committee assigned to oversee the operation of such Department is as follows:

Committeewoman Rumsey: Fire Department, Public Safety, School Boards, Community Center

Committeeman Morrison: Finance/Auditors, Board of Health, Personnel

Committeeman Scott: DPW, Recreation Commission, Planning Board

Committeeman Fisher: Recycling Center, Gypsy Moth, Public Safety,

Mayor Chammings: Environmental Commission, Engineering, Personnel, Legal, Zoning Board

A motion was made by Mrs. Rumsey to adopt Resolution 2021-025, seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

Resolution 2021-026 Approving Appointments of Township Board and Commission Members

APPOINTMENTS OF TOWNSHIP BOARD AND COMMISSIONS

BE IT RESOLVED by the Township Committee that they do hereby concur with the Mayor’s appointments and Committee appointments to Board and Commission Members for the year 2021 as follows:

ENVIRONMENTAL COMMISSION

Name Term Term Expires

Leona Kral – 1^st Alternate 2 years 12/31/2023

PLANNING BOARD

Name Term Term Expires

Lisa Chammings Class I 1 year 12/31/21
George Scott Class III 1 year 12/31/21

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater, County of Sussex, State of New Jersey that they do hereby concur with the appointments herein for the year 2021.

A motion was made by Mrs. Rumsey to adopt Resolution 2021-026, seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

Resolution 2021-027 Approving the Disposal of Township Assets

WHEREAS, the Township of Stillwater periodically retires assets after reaching the end of its useful life and is no longer suitable for use by the Township; and

WHEREAS, the Township has determined that one 30-yard dumpster and one 1987 Neal DM4000 power box paver (serial number 10494PAV126D) have reached the end of their service life and are eligible for disposal in accordance with N.J.S.A. 40A:11-36;

WHEREAS, the Township Committee has determined that it will dispose of the items for their scrap value through George’s Salvage Co., Inc., in Newton, New Jersey.

NOW, THEREFORE, BE IT RESOLVED that the that one 30-yard dumpster and one 1987 Neal DM4000 power box paver (serial number 10494PAV126D are declared to be surplus and no longer needed for Township purposes and are of such a condition that they shall be disposed of for their scrap value; and

BE IT FURTHER RESOLVED that the that one 30-yard dumpster and one 1987 Neal DM4000 power box paver (serial number 10494PAV126D shall be disposed of through George’s Salvage in Stillwater;and
A copy of this Resolution shall be placed on file with the Clerk of the Township.

If any section, subsection, sentence, clause or phrase in this resolution is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this resolution.

A motion was made by Mr. Scott to adopt Resolution 2021-027, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

Resolution 2021-028 Authorizing the Public Sale of Real Property Pursuant to N.J.S.A. 40:A:12-13

WHEREAS, the Township of Stillwater is the owner of certain real property set forth in Schedule “A” which property is no longer needed or required for municipal use; and

WHEREAS, the Stillwater Township Committee deems it in the best interest of the Township of Stillwater to sell the properties to the highest bidders by public auction sale, subject to the minimum bid prices, in accordance with the provisions of N.J.S.A. 40A:12-13(a) et seq.; and

WHEREAS, the public sale shall be held at the Township of Stillwater Municipal Building, 964 Stillwater Road, Newton, New Jersey 07860 on March 2, 2021, at 7:00pm or such adjourned date as may be determined by the Stillwater Township Committee; and

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

1. The Township of Stillwater shall sell, pursuant to the provisions of N.J.S.A. 40A:12-13(a), the property(s) listed on Schedule “A”. The minimum sale price for each property is reflected in Schedule “A”. The Township 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. The sale shall be conducted as an auction and shall take place on March 2, 2021 at 7:00pm, (hereinafter referred to as “sale date”) at the Township of Stillwater Municipal Building, 964 Stillwater Road, Newton, New Jersey 07860.
3. A copy of this Resolution shall be posted on the bulletin board or other conspicuous place in the Municipal Building. 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. In the event any of the properties being sold are less than the minimum size required for development under the Township of Stillwater Zoning Resolution and are without any capital improvements, contiguous property owner(s) shall have the right of first refusal as provided for in N.J.S.A. 40A:12-13.2. In order to exercise the right of first refusal, the contiguous property owner(s) must appear at the public sale and exercise their right of first refusal by bidding on the property. For properties subject to N.J.S.A. 40A:12-13.2, a copy of this Resolution shall be mailed to the contiguous property owners at their last known address as reflected on the tax duplicates. The Resolution shall be mailed at the time that Notice is first published as provided for in paragraph 3 of this Resolution.
5. The properties shall be sold subject to the following terms and conditions:
6. The descriptions of the property are intended as a general guide only and may not be accurate. No representations of any kind are made by the Township of Stillwater as to the condition of the properties; the properties are being sold in the present condition “as is”, “where is” with all faults.
7. The properties shall be sold for not less than the amount, if any set forth in Schedule “A”.
8. The Township of Stillwater does not warrant or certify title to the properties and in no event shall the Township of Stillwater be liable for any damages to the purchaser/successful bidder if title is found unmarketable and the purchaser/successful bidder waives any and all right in damages or by way of liens against the Township of Stillwater. 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 the premises prior to the closing. In the event of closing and later finding of defect of title, the Township of Stillwater shall not be responsible for the same nor shall it be required to refund money or correct any defect in title or be held liable for damages.
9. 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 contained in this Resolution.
10. 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.
11. 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) plus the Township of Stillwater’s advertising and the actual recording fees within thirty (30) days after the date the Township Committee 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, since the property being sold by the Township of Stillwater will merge with the Purchaser’s adjoining property. 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.
12. The Deed will be subject to all matters of record which may affect title, including what an accurate survey may reveal, as well as the requirements of the Resolutions of the Township of Stillwater. The Township of Stillwater reserves an easement for all natural or constructed drainage systems or waterways on the premises and the continued right of maintenance and flow.
13. The property will be sold subject to the current year taxes, pro-rated from the date of sale.
14. The Township Committee reserve the right to withdraw this offer to sell, or upon completion of the bidding to accept or reject any or all bids for the property or to waive any informality.
15. All bidders currently owning property within the Township of Stillwater must have their taxes, as well as 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.
16. This sale is made subject to all applicable laws, statutes, regulations, ordinances and resolutions of the United States, State of New Jersey and the Township of Stillwater.
17. No employee, agent or officer of the Township of Stillwater has any authority to waive, modify or amend any of the conditions of sale.
18. The purchaser must abide by appropriate zoning, subdivision, health and building regulations and code and agrees that this sale will not be used as grounds to support any variance from or realization of the regulations.
19. The failure of the Purchaser to close on title within the time provided for in Subsection 5(f) of this Resolution shall constitute a breach of this resolution 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 Section 5(f) or such date as maybe extended by the Township, the deposit paid by the Purchaser shall be retained by the Township as liquidated damages. The Township of Stillwater 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 Section 5(c) of this Resolution.
20. 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.
21. The sale shall be subject to final approval by the Stillwater Township Committee who may accept or reject any bid in their absolute discretion.
22. Acceptance of the highest bid by the Township shall constitute a binding agreement of sale and purchaser shall be deemed to agree to comply with the terms and conditions of this Resolution.
23. In the event the property is being sold to a contiguous property owner and is less than the minimum size required for development under the municipal zoning Resolutions, the property being sold by the Township of Stillwater shall merge with the purchaser’s existing property. The successful bidder shall provide a copy of their existing property Deed to the Township Attorney as provided for in Section 5(f) of this Resolution.
24. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Resolution.
25. Potential Bidders are advised:

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

 

(b) 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”.

(c) 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.

(d) 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.

1. Additional Terms the Successful Bidder must comply with:

(a) 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.

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

9. This resolution shall take effect immediately.

A motion was made by Mr. Scott to adopt Resolution 2021-028, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

Resolution 2021-029 Approving Mayor’s Appointments of Township Officers with Committee Concurrence

BE IT RESOLVED by the Township Committee that they do hereby concur with the Mayor’s appointments to Municipal Officers for the year 2021 as follows. This resolution will be in effect from January 19, 2021 to December 31, 2021

Title Name Term Term Expires
Municipal Clerk Lynda Knott tenured
Local Registrar Lynda Knott 3-year tenured
Clerk Typist Kathy Wunder 1-year 12-31-21
Deputy Registrar Dawn Tighe 1-year 12-31-21
Tax Collector Gisele Rutnik tenured
Chief Finance Officer Tammy Leonard 4-year 12-31-24
Qualified Purchasing Agent Lynda Knott 3-year 12-31-21
Compliance Officer (PACO) Lynda Knott 1-year 12-31-21
Tax Assessor Penny Holenstein tenured
Assessment Searcher Lynda Knott 1 year 12-31-21
Tax Search Officer Gisele Rutnik 1 year tenured
Zoning & Code Enforcement Officer Arlene Fisher 1 year 12-31-21
Building Inspector – Richard Bizik Jr. 1 year 12-31-21
Electrical Inspector Patrick Murphy 1 year 12-31-21
Plumbing Inspector Anthony Citarella 1 year 12-31-21
Fire Inspector –Walter VanKirk 1 year 12-31-21
Statewide Insurance Fund Commissioner Lynda Knott 1-year 12-31-21
Stillwater Municipal Alliance Coordinator Dawn Tighe 1-year 12-31-21
Animal Control Officer Alan DeCarolis 1-year 12-31-21
Recycling Coordinator Jeffrey Gardner 1-year 12-31-21
Clean Communities Coordinator Tammy Leonard 1-year 12-31-21

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater, County of Sussex, State of New Jersey that they do hereby concur with the Mayor’s appointments herein for the year 2021 for the period of January 19, 2021 through December 31, 2021.

A motion was made by Mrs. Rumsey to adopt Resolution 2021-029, seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, abstained for the zoning officer but voted yes for all other employees; Mayor Chammings, yes.

OPEN PUBLIC SESSION

Mrs. Kathy Draghi, asked if Centurylink now pays taxes for the easements since they have taken over from United Telephone. Mayor Chammings believes not. Mrs. Draghi is going to look into this forgiven property tax matter too.

ATTORNEY’S REPORT: Mr. Bolcato said he has something to discuss with the Township Committee during Executive Session.

EXECUTIVE SESSION: 8:38 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 Mrs. Rumsey and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 8:38 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: 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.

There being no further business to attend to, a motion was made by Mr. Fisher, seconded by Mr. Scott to conclude the Executive Session at 9:02 p.m., unanimously carried by roll call vote.

There being no further business, Mrs. Rumsey made a motion to adjourn the meeting, seconded by Mr. Fisher at 9:04 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, Township Clerk