STILLWATER TOWNSHIP COMMITTEE MEETING

July 20, 2021 – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:01 p.m. noting the meeting date was sent, time and place to the New Jersey Herald and posted at the Town Hall on the official Stillwater Township website and Facebook page and advised those present that this meeting was being held in compliance with provisions of P.L. 1975, Chapter 231, Sections 4 & 13. Mayor Chammings added the meeting was being held virtually on Zoom and this meeting was also advertised with the link in the New Jersey Herald, the Stillwater Township website (www.stillwatertownshipnj.com) on the Stillwater Township Face Book page. PRESENT: Committeewoman Rumsey, Committeeman Barta, Deputy Mayor Scott, Committeeman Fisher, Mayor Chammings, Municipal Clerk Lynda Knott and Attorney Angelo Bolcato ABSENT: None

PRESENTATION: Mr. Ross – Seagrave Fire Apparatus, LLC

Mr. Ross presented the potential new rescue pumper for the fire department. Mr. Ross noted Seagrave Fire Apparatus is factory direct and manufactured for safety, longevity and low maintenance. Their vehicles are manufactured for the demands of the NYFD and they service NYFD and all of New Jersey. The vehicles offer stainless steel construction, most parts can be purchased through local after-market vendors and offer 25 to 30 years of service life. The cab structure is a safety cage and Seagrave vehicles have a two-year bumper to bumper warrantee offered by no other manufacturer.

Mr. Ross answered questions from the governing body, fire department personnel and residents. Mayor Chammings thanked Mr. Ross for all his time and coming present the vehicle and answer all their questions.

REPORTS: DPW Report of June 2021

Building Department Report of June 2021

Registrar’s Report of June 2021

Recreation Commission Report of June 2021

SC BOH Report for June 2021

ACO Report for April – June 2021

Fire Department Report Year-To-Date

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

BILLS LIST #11: $1,083,877.53

RESOLUTION 2021-092 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 July 20, 2021 and on file and available for public inspection in the Office of the Chief Finance Officer and approved by the Chief Finance Officer for payment, be paid.

A motion was made by Mr. Scott to adopt the Resolution 2021-092, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

COMMITTEE REPORTS:

Mr. Scott noted the DPW has given their report for June. Mr. Scott reported the Recreation Commission meeting held at Veterans Park and said they are discussing putting cameras to help prevent future property damage. Mr. Scott said Steve and Tanya Stark are putting together the township’s display for the fair. Mr. Scott also noted they were still waiting to hear from the State on the recreation grant.

Mr. Fisher said he was waiting for receipt of potential land surveyors to request quotes for their services. The clerk said Harold Pellow had not surveyed that portion of Crandon lakes and she needed the exact area to send for the request for quote. Mayor Chammings said she may have a better section for the road. Mayor Chammings and Mr. Fisher will look at the areas and decide which location is the best.

Mr. Barta reported the Planning Board Meeting was meeting the next evening.

Mrs. Rumsey said the Stillwater Board of Education would resume in person meetings on August 23, 2021 at 7:00 p.m. and noted if residents have questions they should plan on attending. Mrs. Rumsey said the Board of Education thanks the DPW for their help with the mulch.

Mrs. Rumsey thanked Alicia Gardner for being her cleaning fairy each time there is an event! Mrs. Rumsey said she would like to have the community center use agreement reviewed and revamped to include a key deposit to ensure keys are returned and to also include private events. Mrs. Rumsey, the clerk and Mayor Chammings will meet to review the form.

Mayor Chammings reported the Swartswood Lake and Watershed Association had used the community center and thanked the township but also suggested a fee should be charged to cover costs.

Mrs. Rumsey read the Fire Department Report submitted by Chief Sugars:

Good Evening Township Committee,

As of 5pm today, Monday July 19th the Stillwater Fire Department has been dispatched to 115 Fire and 257 EMS calls for the year.  All apparatus is in service and just this past weekend we conducted our annual roadside fund drive fundraiser.  The department will be conducting a water rescue drill at 7pm at the Paulinskill Lake Beach 1.  If you have any questions feel free to reach out to me.  

Chief Steven Sugar

Mrs. Rumsey also reported Bob Wolff, Stillwater’s Deputy OEM has been named Volunteer of the Year for all his work in Stillwater and Hardwick and Paul Mole has agreed to be Deputy Coordinator for Stillwater CERT

Mayor Chammings reported the Delta variant is widespread and the school is awaiting instruction from the Governor as to requirements for students.

Mayor Chammings said the Sussex County Mitigation Plan is finalized.

Mayor Chammings also reported the Planning Board will be meeting in public tomorrow night as well as zoom.

Mayor Chammings said she met with employees at town hall to discuss job descriptions going forward with the retirements and new employees in the reception, clerk 1 and municipal clerk departments.

Mayor Chammings also reported she had a very productive conversation with Robert Boyle of Planet Networks and he will be sharing a Stillwater Only link to see if and where residents would want Planet Networks services. Mayor Chammings is hopeful residents will be willing to let Planet Networks know their interest. If enough residents in an area are interested Planet Networks will install service. Once the link is received Mayor Chammings will provide the clerk with the link and a blurb for the website. The township committee members are in favor of the link being on the website.

AMENDMENTS TO AGENDA

The Cross-River Fiber resolution has been removed from the agenda by their request.

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

OLD BUSINESS:
DISCUSSION ITEMS:

Update on 992 Fairview Lake road (block 2401 Lot 37) Mayor Chammings said there is no update tonight the township is still awaiting paperwork from the State. Mayor Chammings will check with the CFO to see where her OPRA request is in the process.

ORDINANCE 2021-08 ORDINANCE OF THE TOWNSHIP OF STILLWATER AMENDING CHAPTER 289 OF THE TOWNSHIP CODE, ENTITLED “PARKS AND RECREATION AREAS” TO INCLUDE A NEW SECTION 289-8 ENTITLED “TEMPORARY LIGHTING” – Public Hearing and Adoption

WHEREAS, the Township of Stillwater has adopted Chapter 289 of the Code of the Township of Stillwater entitled “Parks and Recreation Areas”; and

WHEREAS, the Township Committee desires to amend Chapter 289 in order to address requests for the use of temporary lights at the athletic fields located at Veterans Park.

NOW, THEREFORE, BE IT ORDAINED by the Stillwater Township Committee, Sussex County, New Jersey, that a new Section 289-8 is adopted as set forth herein:

SECTION 1. A new Section 289-8, “Temporary Lighting” is adopted as follows:

289-8 Temporary Lighting

Sports teams or organizations that have obtained approval from the Stillwater Township Recreation Commission to use an athletic field(s) at Veterans Park may also submit a written request to the Recreation Commission for approval for such team or organization to provide and use temporary lighting at Veteran’s Memorial Park. The request must include information regarding the number and type of lights, as well as the type of generator that it will use to power the lights. The Township of Stillwater will not supply electricity for the lights. If approved such team and/or organization is responsible for supplying its own lighting equipment and generators to power such lights, and shall secure the lights and generators in order that they cannot be operated by anyone other than authorized team or organization personnel. The lights and generators shall be stored at such locations as directed by the Recreation Commission, and the team or organization is responsible for any damage or theft of the lights and generators, the Township of Stillwater assumes no responsibility for such items. The team or organization shall also provide proof of insurance for the lighting and generators as well as liability insurance in such amounts as determined by the Township Committee and its risk manager. Additionally, all lights and generators must be shut off no later than 8:00pm. The team or organization shall also sign such indemnification and hold harmless agreements as may be required by the Recreation Commission and the Township of Stillwater.

SECTION 2 – SEVERABILITY

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

SECTION 3 – REPEALER

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

SECTION 4: EFFECTIVE DATE

This Ordinance shall take effect immediately upon adoption and publication in accordance with law.

A motion was made by Mr. Scott to adopt Ordinance 2021-08 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

ORDINANCE 2021-09 ORDINANCE AMENDING SALARY ORDINANCE 2021-07 Public Hearing and Adoption

WHEREAS, the Stillwater Township CFO recommended changing salaries from a specific amount to a range; and

WHEREAS, the Stillwater Township Committee agrees with the CFO’s recommendation; and

 

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

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

POSITION

File Clerk $12.00 to $18.00 Range

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

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

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

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

A motion was made by Mr. Scott to adopt Ordinance 2021-09 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

ORDINANCE 2021-10 BOND ORDINANCE APPROPRIATING $551,000, AND AUTHORIZING THE ISSUANCE OF $220,800 BONDS OR NOTES OF THE TOWNSHIP, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE TOWNSHIP OF STILLWATER, IN THE COUNTY OF SUSSEX, NEW JERSEY- Introduction [Public Hearing and Adoption 7/20/21]

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

The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized as general improvements to be made or acquired by The Township of Stillwater, in the County of Sussex, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sums being inclusive of all appropriations heretofore made therefor and amounting in the aggregate to $551,000 including the aggregate sum of $11,900 as the several down payments for said improvements or purposes required by law and more particularly described in said Section 3 and now available therefor by virtue of provision in a previously adopted budget or budgets of the Township for down payment or for capital improvement purposes and including also, (i) in the case of the improvement or purpose described in paragraph (a) of said Section 3, the sum of $15,000 from a Reserve held by the Township for said purpose, (ii) in the case of the improvement of purpose described in paragraph (b) of said Section 3, the sum of $151,300 received or expected to be received by the Township from the New Jersey Department of Transportation, as a grant-in-aid of financing said improvement or purpose, the sum of $45,000 from a Reserve held by the Township for said purpose and the sum of $82,000 from the Capital Improvement Fund of the Township and (iii) in the case of the improvement of purpose described in paragraph (c) of said Section 3, the sum of $25,000 received or expected to be received by the Township as a Clean Communities grant-in-aid of financing said improvement or purpose.

For the financing of said improvements or purposes and to meet the part of said $551,000 appropriations not provided for by application hereunder of said down payments, grants, Reserves and other available funds, negotiable bonds of the Township are hereby authorized to be issued in the principal amount of $220,800 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Township in a principal amount not exceeding $220,800 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.

The improvements hereby authorized and the several purposes for the financing of which said obligations are to be issued, the appropriation made for and estimated cost of each such purpose, and the estimated maximum amount of bonds or notes to be issued for each such purpose, are respectively as follows:

IMPROVEMENT OR PURPOSE	APPROPRIATION AND ESTIMATED COST	ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES
(a) Acquisition, by purchase, of new and additional vehicular equipment for use by the Department of Public Works of the Township, including one (1) dump truck, together with all appurtenances, apparatus and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Township Clerk and hereby approved, the $90,000 appropriation hereby made therefor being inclusive of the amount of $15,000 hereby appropriated therefor from a Reserve held by the Township for said purpose	90,000	71,200
(b) Improvement of Old Foundry Road (Phase II) in and by the Township by the construction or reconstruction therein of a roadway pavement at least equal in useful life or durability to a roadway pavement of Class B construction (as used or referred to in Section 40A:2-22 of said Local Bond Law), together with all sidewalks, curbing, structures, appurtenances, milling, drainage improvements, equipment, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Township Clerk and hereby approved, the $350,000 appropriation hereby made therefor being inclusive of the amount of $151,300 received or expected to be received by the Township from the New Jersey Department of Transportation as a grant-in-aid of financing said improvement, the amount of $45,000 for said purpose hereby appropriated therefor from a Reserve held by the Township for said purpose and the amount of $82,000 hereby appropriated therefor from the Capital Improvement Fund of the Township	350,000	68,100
(c) Acquisition by purchase of new and additional equipment for use by the Department of Public Works of the Township, including one (1) backhoe, together with all attachments, appurtenances and equipment necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Township Clerk and hereby approved. the $111,000 appropriation hereby made therefor being inclusive of the amount of $25,000 received or expected to be received by the Township as a Clean Communities grant-in-aid of financing said improvement	111,000	81,500
Totals	$551,000	$220,800

Except as otherwise stated in paragraphs (a), (b) and (c) above with respect to the said $176,300 grants, the $60,000 Reserves and the $82,000 CIF funds, the excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the said down payment for said purpose.

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

The said purposes described in Section 3 of this bond ordinance are not current expenses and each is a property or improvement which the Township may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.

The average period of usefulness of said purposes within the limitations of said Local Bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 10.23 years.

The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Township Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Township as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $220,800, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.

Amounts not exceeding $60,000 in the aggregate for interest on said obligations, costs of issuing said obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of said Local Bond Law may be included as part of the costs of said improvements and are included in the foregoing estimate thereof.

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

All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer, the acting chief financial officer or the treasurer (the “Chief Financial Officer”), provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale at not less than par and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Township at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.

The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of said obligations and interest thereon without limitation of rate or amount.

The capital budget or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Township Clerk and are available for public inspection.

This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.

A motion was made by Mr. Scott to adopt Ordinance 2021-10 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

ORDINANCE 2021-11 BOND ORDINANCE PROVIDING FOR THE ACQUSITION OF A NEW FIRE TRUCK BY THE TOWNSHIP OF STILLWATER, IN THE COUNTY OF SUSSEX, NEW JERSEY, APPROPRIATING $825,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $546,200 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING SUCH APPROPRIATION. Introduction [Public Hearing and Adoption 7/20/21]

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

The improvement described in Section 3 of this bond ordinance is hereby authorized as a general improvement to be made or acquired by The Township of Stillwater, in the County of Sussex, New Jersey. For the said improvement or purpose stated in said Section 3, there is hereby appropriated the sum of $825,000, said sum being inclusive of all appropriations heretofore made therefor and including the sum of $28,800 as the down payment for said improvement or purpose required by law and now available therefor by virtue of provision in a previously adopted budget or budgets of the Township for down payment or for capital improvement purposes and including also the sum of $250,000 from a Reserve held by the Township for said purpose.

For the financing of said improvement or purpose and to meet the part of said $825,000 appropriation not provided for by application hereunder of said down payment and Reserve, negotiable bonds of the Township are hereby authorized to be issued in the principal amount of $546,200 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvement or purpose, negotiable notes of the Township in a principal amount not exceeding $546,200 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.

The improvement hereby authorized and purpose for the financing of which said obligations are to be issued is the acquisition by purchase of new and additional firefighting equipment for the preservation of life and property in the Township, including one (1) rescue pumper truck for use by the Fire Department of the Township, together with all equipment, attachments and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Township Clerk and hereby approved.

The estimated maximum amount of bonds or notes to be issued for said purpose is $546,200.

The estimated cost of said purpose is $825,000, the excess thereof over the said estimated maximum amount of bonds or notes to be issued therefor being the amount of the said $28,800 down payment for said purpose and the amount of the said $250,000 Reserve for said purpose.

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

The said purpose described in Section 3 of this bond ordinance is not a current expense and is a property or improvement which the Township may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.

The period of usefulness of said purpose within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is ten (10) years.

The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Township Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Township as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $546,200, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.

An aggregate amount not exceeding $40,000 for interest on said obligations, costs of issuing said obligations and other items of expense listed in and permitted under section 40A:2-20 of said Local Bond Law may be included as part of the cost of said improvement and is included in the foregoing estimate thereof.

All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer, the acting chief financial officer or the treasurer of the Township (the “Chief Financial Officer”), provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes at not less than par from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Township at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.

The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of said obligations and interest thereon without limitation of rate or amount.

The capital budget or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Township Clerk and are available for public inspection.

This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.

There was much discussion by the public and the governing body. Mayor Chammings, Mrs. Rumsey and Mr. Scott are in favor of purchasing this vehicle. Mr. Barta feels the 42-61 pumper still has five to seven years of life left and the fire company should be looking at an engine now and the new rescue pumper down the road when additional funding could be secured. Mr. Fisher said he has been against this particular truck from the beginning but the additional information that came out tonight regarding other fire trucks’ conditions along with all the time and funding already spent on this truck changed his mind.

A motion was made by Mr. Scott to adopt Ordinance 2021-11 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, no, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

NEW BUSINESS:

ORDINANCE 2021-12 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 August 17, 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 September 21, 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 September 21, 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; and (2) 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.

A motion was made by Mr. Scott to introduce Ordinance 2021-12 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-093 New Jersey Department of Transportation, Division of Local Aid and Development Recommendation of Award State Aid Project – Old Foundry Road Improvements – Phase II

BE IT RESOLVED

that the Stillwater Township Committee

hereby recommends to the New Jersey Department of Transportation that the contract for

Old Foundry Road Improvements – Phase II

(Name of Project)

in the Township of Stillwater County of Sussex

(Name of Municipality)

be awarded to the following Morris County Cooperative Pricing Council Vendors:

Schifano Construction Corporation (MCCPC Contract #6) whose bid amounted to $149,400.00

Campbell Foundry Company (MCCPC Contract #14) whose bid amounted to $748.00

Tree King, Inc. (MCCPC Contract #18) whose bid amounted to $4,880.00

Newman Signs, Inc. (MCCPC Contract #28) whose bid amounted to $160.00

Denville Line Painting, Inc (MCCPC Contract #36) whose bid amounted to $4,988.00

whose bids amounted to $ 160,176.00 subject to the approval of the Department.

That the presiding officer of this body be and is hereby directed to sign for and on its behalf the

contract in the prescribed form for said construction.

That the clerk of this body be and is hereby directed to seal said contract

with the corporate seal of this body and to attest to the same.

Approved by the Stillwater Township Committee on July 20, 2021.

(Name of Local Government) (Date of Award)

A motion was made by Mr. Scott to adopt Resolution 2021-093 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-094 Authorizing Donation of Garage Sale Fee refund to Recreation Commission Activity Club

WHEREAS, the Chief Financial Officer has certified that Constance Hotalen has paid Garage Sale Day fees to be included on the Garage Sale Day map; and

WHEREAS, this individual no longer wishes to be included; and

WHEREAS, she would like her fee to be donated to the Recreation Commission Activity Club;

 

NOW THEREFORE, BE IT RESOLVED, by the Township Committee of Stillwater Township that a donation of $5.00 be made to the Recreation Commission Activity Club by Constance Hotalen.

Name & Address Funding Amount

Rec Commission Activity Club Recreation Fees $5.00

A motion was made by Mr. Scott to adopt Resolution 2021-094 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-095 Authorizing Refund of Pension Deductions

WHEREAS, the Chief Financial Officer has certified that the following former employee had Pension and Contributory Insurance deductions withheld from her final pay dated April 9, 2021: and

WHEREAS, Pension and Contributory Insurance should not have been withheld;

 

NOW THEREFORE, BE IT RESOLVED, by the Township Committee of Stillwater Township that a refund be issued in the amount of $3.07.

Name & Address Funding Amount

Arlene Fisher PERS $3.07

1059 Mt. Benevolence Rd

Newton, NJ 07860

A motion was made by Mrs. Rumsey to adopt Resolution 2021-095 seconded by Mr. Scott. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-096 Assigning Tax Sale Certificate 2020-017 for Block 3804, Lot 3.01

WHEREAS, by public sale held on December 15, 2020, the Township of Stillwater purchased Tax Sale Certificate No. 2020-017 for property designated as Block 3804, Lot 3.01 on the Tax Maps of the Township of Stillwater assessed to Susan L Demeo and Diane M Bevacqua; and

WHEREAS, Mr. and Mrs. C. Pettit have offered to purchase an assignment of said Tax Sale Certificate; and

WHEREAS, the Township is authorized to sell and assign at private sale Tax Sale Certificates which it holds pursuant to the provisions of N.J.S.A. 54:5-113; and

WHEREAS, the Township has heretofore complied with the mailing and posting requirements of notice of its intent to assign said Tax Sale Certificate pursuant to N.J.S.A. 54:5-114; and

WHEREAS, the total amount now due on Tax Sale Certificate 2020-017 including the original sale, together with all subsequent liens thereon is $2,538.54; and

WHEREAS, the Township has received from Mr. and Mrs. C. Pettit the amount of $2,538.54 for the assignment of said Tax Sale Certificate;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater that the Township shall assign Tax Sale Certificate No. 2020-017 to Mr. and Mrs. C. Pettit and

BE IT FURTHER RESOLVED that the Mayor and Clerk be and the same are hereby authorized to execute an Assignment of Tax Sale Certificate on behalf of Stillwater Township.

A motion was made by Mrs. Rumsey to adopt Resolution 2021-096 seconded by Mr. Scott. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, abstained.

RESOLUTION 2021-097 Authorizing Payment of Redemption Block 310 Lot 16

WHEREAS, on DECEMBER 26^TH 2018 GISELA RUTNIK , Collector

Of Taxes sold at public sale Tax Lien for delinquent municipal lien on premises known as Block 310 LOT 16 to STILLWATER TOWNSHIP 964 STILLWATER ROAD NEWTON NEW JERSEY 07860

WHEREAS, the Collector has received redemption of said lien on JULY 19, 2021, And has deposited said sum in the current account of the Township of STILLWATER,TOWNSHIP

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Committee of the Township of STILLWATER

1. As soon thereafter as the redemption funds have cleared the current account, in the amount of

$ 21,166.83 ISSUED TO TOWNSHIP the surrender of the certificate shall be issued to the owner of record

There was also a Premium paid in the amount of $.00 to be added to the certificate holder,

Provided the holder shall surrender the Certificate of Sale and comply with all laws relating thereto.

A motion was made by Mr. Scott to adopt Resolution 2021-097 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

DISCUSSION ITEMS:

Job Descriptions: Mrs. Rumsey would like to have a retired human resource administrator come and speak to the township committee regarding job descriptions for town hall employees. The township committee agreed and Mrs. Rumsey will invite her to the August 17, 2021 meeting.

Community Center updated Agreement was previously discussed and Mayor Chammings, Mrs. Rumsey and the clerk will meet to discuss.

Veterans Property Tax Exemption have been given to the township committee to review. The township committee agreed they are eligible and resolutions will be on the agenda in August.

OPEN PUBLIC SESSION

Louis Sylvester, 945 Old School House Road, expressed his concerns about the length of time to receive answers to his complaint filed four months. Mr. Barta noted in the last few months there have been changes in personnel and the zoning officer’s report will be forthcoming.

ATTORNEY’S REPORT – Mr. Bolcato had nothing further to report.

There being no further business to attend to, a motion was made by Mr. Scott, seconded by Mrs. Rumsey to conclude the meeting at 11:08 p.m., unanimously carried by roll call vote.

Respectfully submitted,

Lynda Knott, Township Clerk