June 16, 2020 Regular Meeting

STILLWATER TOWNSHIP COMMITTEE MEETING

June 16, 2020  – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:06 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. The Executive Session time and venue change was duly published in the New Jersey Herald, posted at the Town Hall and on the Stillwater Township Official website.

PRESENT: Committeeman Morrison, Committeewoman Rumsey, Committeeman Fisher, Deputy Mayor Scott, Mayor Chammings, Municipal Clerk Lynda Knott, Attorney Angelo Bolcato ABSENT: None

EXECUTIVE SESSION: 5:30 p.m. held in Town Hall

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Fisher, seconded by Mrs. Rumsey and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 5:36 p.m.

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

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

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

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

2. The general nature of the subject matter to be discussed is as follows: Personnel, Potential Litigation

and 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. Morrison to conclude the Executive Session at 6:42 p.m., unanimously carried by roll call vote.

The meeting was then suspended until 7:00 p.m.

Roll Call was taken and the flag was saluted.

DISCUSSION WITH PLANET NETWORKS – Robert Boyle

Mr. Boyle addressed the Township Committee regarding Planet Networks desire to put their equipment on the poles owned by Centurylink, JCP&L and Service Electric in Stillwater Township. Mr. Boyle said the Township must agree to allow the installation because the poles are on the Stillwater Township right-of-ways. Should the Township agree the next step will be for Planet Networks to apply for permits from the pole owners. Planet Network is hoping to build out in Stillwater Township next summer. Planet Networks will be a third option for residents who have service from Centurylink and Service Electric and a second option for those who Service Electric does not service. Mr. Bolcato said the Right-of-Way Use Agreement is a standard agreement and he will prepare an agreement between Stillwater Township and Planet Network for the Township Committee’s review.

MINUTES: May 19, 2020 Regular and Executive Session Meetings Minutes

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

RESOLUTION 2020-082 Authorizing the Township of Stillwater to Enter into a Memorandum of Agreement with Teamsters Local 125

WHEREAS, a Memorandum of Agreement (“MOA”) was prepared between the Township of Stillwater and Teamsters Local 125 (Public Works Department) in order to amend the 2019-2021 Collective Negotiations Agreement between the parties solely to provide a salary adjustment for the current unit member serving as Acting Superintendent; and

WHEREAS, Stillwater Township Public Works Department’s current Acting Superintendent, Joshua Raff, is a member of Teamsters Local 125; and

WHEREAS, the Township Committee and Teamsters Local 125 have mutually agreed that Joshua Raff should remain in the bargaining unit, and have also agreed to his proposed non-retroactive salary adjustment. Teamsters Local 125 has signed the MOA.

NOW, THEREFORE, BE IT RESOLVED by the Stillwater Township Committee that the Township is hereby authorized to enter into a Memorandum of Agreement with Teamsters Local 125 to amend the salary, on a non-retroactive basis, provided to Joshua Raff for his service as Acting Superintendent.

BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are authorized to sign the Memorandum of Agreement.

This Resolution shall be effective immediately.

A motion was made by Mr. Morrison to adopt Resolution 2020-082, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

RESOLUTION 2020-083 Awarding Lawn Maintenance Contract to Country Care LLC

WHEREAS, the Township of Stillwater was in need of a lawn service contractor to provide lawn maintenance service for the 2020 lawn maintenance season for various municipal parks and property; and

WHEREAS, the anticipated cost of said services would not exceed the bid threshold; and

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:11-6.1, the Township solicited competitive quotations for the requested lawn services; and

WHEREAS, the Township received three (3) written responses to its request for quotations; and

WHEREAS, Country Care provided the lowest responsive, responsible quote in the amount of $12,900.00 for the 2020 lawn maintenance season; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater that it does hereby award a contract to Country Care LLC for the 2020 lawn maintenance season in an amount not to exceed $12,900.00 per season in accordance with Country Care LLC’s written proposal of November 15, 2019.

A motion was made by Mr. Morrison to adopt Resolution 2020-083, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

RESOLUTION 2020-084 Awarding Lawn Maintenance (Fertilization, Weed and Insect Control) Contract to Pinnacle Lawn Care, LLC

WHEREAS, the Township of Stillwater was in need of a lawn service contractor to provide lawn maintenance service for the 2020 lawn maintenance season for various municipal parks and property; and

WHEREAS, the anticipated cost of said services would not exceed the bid threshold; and

WHEREAS, pursuant to the provisions of N.J.S.A. 40A:11-6.1, the Township solicited competitive quotations for the requested lawn services; and

WHEREAS, the Township received three (3) written responses to its request for quotations; and

WHEREAS, Pinnacle Lawn Care, LLC provided the lowest responsive, responsible quote in the amount of $9,900.00 for the 2020 lawn maintenance season; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater that it does hereby award a contract to Pinnacle Lawn Care LLC for the 2020 lawn maintenance season in an amount not to exceed $9,900.00 per season in accordance with Pinnacle Lawn Care LLC’s written proposal.

A motion was made by Mr. Morrison to adopt Resolution 2020-084, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

RESOLUTION 2020-085 Approving the Cancellation of the Sale of Block 1001, Lot 5, and refunding the Purchase Price, Less Costs, to the Bidder

WHEREAS, the Township of Stillwater conducted a sale of undersized lots owned by the Township of Stillwater and no longer needed for public use on February 18, 2020, pursuant to Resolution No. 2020-033; and

WHEREAS, one of the properties included in the sale was Block 1001, Lot 5 (the “Lot”), which was sold to the adjoining property owner, Diana DiBenedetto for $250.00. The sale was confirmed by the Stillwater Township Committee on March 17, 2020 by Resolution 2020-60; and

WHEREAS, despite being clearly informed that the lot is required to merge with her existing property (and agreeing to this in writing), Ms. DiBenedetto, after the transfer documents were prepared and the Township was ready to execute the transfer documents, requested that the Lot not merge with her existing property. The Township Committee denied this request on May 19, 2020. After being informed that her request was denied, Ms. DiBenedetto requested that the sale be cancelled and that the purchase price be refunded to her; and

WHEREAS, while the Township is not obligated to cancel or refund all or any portion of the sale price, the Township Committee is agreeable to cancelling the sale and refunding the $250.00 purchase price. The $275.00 charge that was paid by Ms. DiBenedetto to defer the legal costs, advertising and recording costs incurred by the Township will be retained by the Township and applied against the costs incurred by the Township in this matter.

NOW, THEREFORE BE IT RESOLVED, by the Stillwater Township Committee that the purchase price of $250.00 will be refunded to Diana DiBenedetto. The Township shall retain the $275.00 paid by Ms. DiBenedetto and will be applied against the legal costs and advertising costs incurred by the Township.

BE IT FURTHER RESOLVED that all terms and conditions contained in Resolutions 2020-033 and 2020-60 are hereby incorporated into this resolution by reference.

This resolution shall take effect immediately.

A motion was made by Mr. Morrison to adopt Resolution 2020-085, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

REPORTS: DPW Report of May 2020
Building Report of May 2020
QPA Report of May 2020
Clerk Report of May 2020
Convenience Center Report of March 2020
Recreation Commission Report YTD 2020
ACO Report for the 1st quarter 2020
Fire Department Report YTD

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

BILLS LIST #9: $752,850.36

PURCHASE ORDER 10274-TILCON

New Jersey Department of Transportation specifications include a payment reduction if air voids of the finished pavement are not within a prescribed range. The asphalt testing company determined that air voids slightly exceeded the NJDOT requirements on the West End Drive Project Phase I and II and a pay reduction is warranted. The HMA penalty deduction was calculated and a change order prepared in the in the amount of a ($15,270.42). The new contract amount is $214,374.58 is on the bills list to be paid.

RESOLUTION 2020-086 Authorizing Change Order for West End Drive Phases I & II

WHEREAS, the Township of Stillwater contracted with Tilcon New York, Inc. through the Morris County Co-op Contract #6 for West End Drive Phases I & II; and

WHEREAS, Tilcon New York, Inc. contract price for the project was $229,645.00; and

WHEREAS, the project is now complete and Tilcon New York Inc. has submitted a final pay request;

WHEREAS, as a result of HMA Penalty Determinations associated with HMA core sampling and core laboratory analysis, the final contract amount is $214,374.58, a $15,270.42 decrease from the projected original contract amount; and

WHEREAS, a change order is required pursuant to NJDOT Local Aid Project Rules; and

WHEREAS, the Township Engineer has prepared the necessary final change order, reducing the final contract amount; and

WHEREAS, said change order must be executed by the Township in addition to the Contractor;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Township Committee of the Township of Stillwater that the Township shall execute Change Order No. 1 to reflect a final contract amount of $214,374.58

A motion was made by Mr. Scott to adopt Resolution 2020-086, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, abstained.

RESOLUTION 2020-087 PAYMENT OF BILLS

Mr. Scott made a motion to adopt Resolution 2020-087, funds permitting and pay bills list #10 in the amount of $835,254.04, seconded by Mr. Morrison.

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

COMMITTEE REPORTS

Mr. Fisher and Mr. Morrison had no reports at this time.

Mrs. Rumsey reported she attended the sixth grade recognition parade and it was great! Thank you to the Fire Department and Teachers. The summer school and summer special education program will be done remotely – this may change but unlikely.

Mr. Scott reported the he attended the Recreation Commission meeting on June 1, 2020 via Zoom. Mr. Scott said the fields will start to be used by Mr. Gardner’s softball team and also the Men’s Softball teams (there will be between 12-15 teams in the league). Mr. Scott has not heard anything about soccer or any other leagues.

Recreation Commission is going forward with their garage sale weekend with no fee for sellers on July 18 and 19, 2020.

Mayor Chammings noted guidance from the Governor and CDC Guidelines for Sports has been given to municipalities. It will be up to the teams to make sure they are in compliance with the Governor’s orders. New field use forms must be signed containing wording that teams will comply will all new COVID guidelines. It was decided that Mr. Scott and Recreation Commission Chairwoman Delaney will meet with coaches to discuss.

Mr. Sylvester, a member of the Recreation Commission, asked about the equipment that had to be assembled. Mr. Sylvester was told to coordinate with Mr. Gardner of the Stillwater DPW.

Mr. Scott also said the Planning Board meeting is scheduled for tomorrow night via Zoom.

Mayor Chammings reported she spoke with each of the Stillwater Camps. Camp Hoover is only virtual this summer. Camp Nejeda will be holding weekend invites for potential campers and their families to see the facilities and Fairview Lake YMCA will be renting their cabins to groups. Their cabins can hold 5-7 people with the correct distancing. They have also made changes in their mess hall to enable them to have groups eat there and will also provide outdoor eating areas.

Mayor Chammings also noted the Recreation Commission would still like to have their summer camp in August. They will be contacting the State Park to discuss.

Amendments to Agenda: Resolution for letter of resignation and request from Tax Collector to have help stuffing envelopes for estimated tax bills.

OPEN PUBLIC SESSION:

Anna Fronczkowski, asked if the Township would be willing to install a steel galvanized guardrail on West End Drive on the dangerous curve before County Route 619. Ms. Fronczkowski said it would be a relatively affordable option, costing roughly $43 per linear foot. Ms. Fronczkowski also asked if the Township would install warning signs about the sharp curve. Mr. Scott said he thought it would be a good idea. Mrs. DeMartini, the advisor for the Safe Teen Driving Campaign at Kittatinny Regional High School was there in support of Ms. Fronczkowski’s request. Mayor Chammings said the DPW Supervisor is also looking into the matter and the cost was a bit more than stated. The Township will budget for the guiderail. Mrs. DeMartini also said there was some grant money the Safe Teen Driving group could contribute to the project that may cover the cost of a sign.

Mr. Louis Sylvester, Old School House Road, discussed a delinquent notice he received regarding late property taxes. Mr. Sylvester voiced his concerns about even sending delinquent notices during the COVID-19 pandemic when so many are out of work and especially since Town Hall has been closed to the public. He believes he mailed his check prior to May 1st. Mr. Sylvester said he has been walking his check in and receiving a receipt proving his payment are on time. Mr. Morrison stated he agreed with Mr. Sylvester that there should be no penalty or interest during this pandemic. The Governor did allow an additional grace period which would extend the grace period until June 1, 2020. If someone paid after June 1st they would still owe interest back to May 1, 2020. The Governor’s Executive Order came only days before the May 1st due date (which is established annually by resolution at the Township’s Re-Organization meeting) and the Township Committee decided that extending the grace period would not be in the best interest of Stillwater Township so the grace period ended on May 10, 2020. Mayor Chammings said she was concerned about the August payments. Mayor Chammings said there may be legislature coming down from the State that may give more flexibility for the August payments.


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

OLD BUSINESS:

DISCUSSION ITEMS:

Laptops for Town Hall: Mr. Morrison spoke regarding the need for laptops for employees to work from home during this COVID-19 pandemic. The Township received a quotation from MSI Software, Inc., the Township’s IT vendor for six laptops, docking stations and VPN software but the quote did not include a carrying case which Mr. Morrison fees should be included. Therefore to include the carrying case Mr. Morrison made a Motion to purchase the above equipment with a cost Not to Exceed $10,500, seconded by Mr. Scott. Roll Call Vote: Ms. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

Mayor Chammings said there was an additional quote to increase the Wi-Fi in Town Hall. Mr. Morrison made a Motion to add the increase in Wi-Fi in the amount Not-To-Exceed a$1,800.00, seconded by Mrs. Rumsey. Roll Call Vote: Ms. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

Town Hall Hours: Mayor Chammings reported the Mayor’s conference calls indicated that many municipalities are trying to get back to some kind of normal hours. Mayor Chammings wants to let the employees know town hall will be opening for normal hours soon and suggested as a part of the pandemic return-to-work policy the employees have the option to work 20% of their hours from home if they choose. For the full time employees it would be one day and part time employees would prorate their time. The Township Committee agreed to the 20%. Mayor Chammings would like to invite employees to come to the July meeting and talk about everything in person.

Community Center Signage: Mrs. Rumsey reported the Clerk received quotes for signage at the Community Center and they quote had already been approved. The question was received from the Finance Clerk because there is limited funds left in the community center line and she wanted to ensure the Township Committee wish to purchase the signs. The Township Committee affirmed the signs should be purchased.

NEW BUSINESS:

Mayor Chammings made a Motion to accept a letter of resignation from Recycling Employee David Bell, seconded by Mr. Scott. Roll Call Vote: Ms. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

The Tax Collector requested to have some volunteers come to town hall to help her stuff the estimated tax bills. The Township Committee agreed and the clerk will send an e-mail to the Cert Coordinator to see if they could help.

DISCUSSION ITEMS:

Proposal for Codification Service: A discussion was held regarding the proposal from General Code to review Stillwater Township’s Ordinances for updating and clarification. Mayor Chammings feels it would be a good idea to have General Code review the ordinances – especially to see if our fees are in order.

Dog License Late Fees: The clerk asked if the late fee for delinquent dog licenses could be waived for March, April and May. By unanimous voice vote the Township Committee agreed no late charge for delinquent dog licenses would be charged for the months of March, April and May 2020.

Vacation Carryover: Mayor Chammings reported the employees have asked to carry their 2020 vacation days to 2021 if they are not able to use them in 2020 because of the pandemic. Mr. Scott wants to make sure town hall is covered at all times. The Township Committee is in favor of a one year carryover.

Fire Truck: The Finance Clerk has asked to find out if the Township Committee is still looking to purchase the new fire truck in 2020. Fire Chief Sugar said the Fire Department is in the process of putting together the specs for the new truck. The build time for the vehicles will be approximately one year and Chief Sugar will research the Township Committee’ questions.

Person to review and approve soil movement for Stillwater Township: The Planning Board amended the soil resolution and needs to assign a person to review applications. Mr. Morrison made a Motion to appoint Township Engineer Michael Vreeland to review the soil applications for 2020, seconded by Mr. Scott. Roll Call Vote: Ms. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

Cleaning Services for Town Hall: Mayor Chammings noted SCARC is no longer cleaning the building because of the pandemic and the clerk has obtained quotes for cleaning town hall. The three quotes were discussed and it was decided to offer S&S a six month contract at his proposed price of $75.00 per cleaning to be reviewed in six months. Mr. Scott made a motion, seconded by Mr. Fisher. Roll Call Vote: Ms. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

League Conference: The Clerk asked the Township Committee to please let her know if they wanted to go to the annual New Jersey State League of municipalities Conference in November.

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

ATTORNEY REPORT: Mr. Bolcato did not have anything to report.

There being no further business, Mr. Scott made a motion to adjourn the meeting, seconded by Mrs. Rumsey 9:25 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, Township Clerk

 

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