June 19, 2018 Regular Meeting Minutes

STILLWATER TOWNSHIP COMMITTEE MEETING MINUTES – 6/19/18

Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7 p.m. noting the meeting date, time and place were duly published in the New Jersey Herald and posted at the Town Hall and advised those present that this meeting was being held in compliance with provisions of P.L. 1975, Chapter 231, Sections 4 & 13.

Roll Call was taken and the flag was saluted.

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

EXECUTIVE SESSION:

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Morrison, seconded by Mr. Scott and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 6:07 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: Litigation/Potential Litigation; 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. Scott, seconded by Mr. Morrison to conclude the Executive Session at 6:49 p.m., unanimously carried by roll call vote.

REGULAR SESSION:

MINUTES:

May 22, 2018 Regular and Executive Session Meeting Minutes

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

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

RESOLUTIONS:

2018-078 Authorizing Payment of Lien Redemption – Block 603, Lot 22

2018-079 Accepting Donation from Castner’s Sawmill

2018-080 Amending 2018 Budget for Clean Communities Grant

2018-081 Authorizing Payment of Lien Redemption – Block 903, Lot 24

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

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

Mayor Chammings read a speech written by Miss Stillwater 2017 Jessica Taylor for the Memorial Day service held on May 28, 2018. Mayor Chammings felt it was a very well written speech from a different perspective.

*SEE ATTACHED

REPORTS:

DPW Report of May 2018

Building Department Report of May 2018

QPA Report of May 2018

Environmental Commission Minutes of May 14, 2018

Zoning Officer Report of May 2018

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

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

BILLS LIST #10: $788,975.87

RESOLUTION 2018-082 PAYMENT OF BILLS

Mr. Scott made a motion to adopt Resolution 2018-082, seconded by Mr. Gross.

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

AMENDMENTS TO AGENDA: Add: Recycling Center Driveway; SECTV Renewal; Property Clean Up/Lien

Property Clean Up:

Ms. Knott provided background information on a summons issued by the Zoning Officer that proceeded to court for a resident that would not remove debris, trash, etc. from his property. He does not have the money to clean up the property and he cannot be jailed due to his physical ailments. The Zoning Officer has asked if a contractor could be hired by the township and then a lien placed against the property for the cost of the clean-up. Mr. Fisher stated the Account Clerk has indicated funding from Clean Communities could be used. Ms. Knott stated that fund is earmarked for other items and it may not be possible. Quotes have been obtained for approximately $5,000. Mayor Chammings found it difficult to clean up one specific property when there are several properties in the town that need to be addressed. Mr. Bolcato will research his file on the matter and will contact the Zoning Officer to discuss further.

OPEN PUBLIC SESSION

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

George Lippencott, Dove Island Road asked if the township cleaned up the property and placed a lien against the property, how long would the clean up last. The Committee indicated there is debris and metal items, etc. that have to be removed.

John Nelson, Crandon Lakes referred to the storm in March and he commended the Committee, particularly Mayor Chammings, for addressing issues for residents following the storm.

Mr. Nelson reported a resident expressed concern at the last CLAPO meeting regarding having only one access in and out of Lower Crandon Lakes. He noted there is another access road that is unimproved, chained off and is not passable at this time. Mayor Chammings asked that the resident provide a photo of the alternate access road and appear before the Committee to address the matter. Mr. Morrison suggested having the DPW look at the road and possibly make it passable for emergency situations. He noted there is also another unimproved road that exits onto Mount Benevolence Road. Mr. Scott will speak with Mr. Raff, DPW Supervisor, about the concerns.

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

NEW BUSINESS

RESOLUTION 2018-083:

STILLWATER TOWNSHIP,  SUSSEX COUNTY, NEW JERSEY

RESOLUTION 2018-083

RESOLUTION ACCEPTING TERMS AND CONDITIONS OF SHARED SERVICE AGREEMENT WITH THE COUNTY OF SUSSEX TO ENTER INTO AN AGREEMENT WITH THE TOWNSHIP OF STILL WATER FOR ENFORCEMENT AGENCY SERVICES AS SET FORTH IN THE NJ STATE UNIFORM FIRE CODE REGULATIONS IN ACCORDANCE WITH PROVISIONS OF N.J.S.A. 40 A:65-1 ET SEQ.

WHEREAS, the Township of Stillwater desires to work with various entities in order to realize mutual cost savings through joint agreements for public services: and

WHEREAS, the State of New Jersey has adopted the “Uniform Fire Safety Act” for the purpose of establishing fire safety standards and to safeguard the lives and property of New Jersey’s citizens from fire and explosion: and

WHEREAS, the “New Jersey Regulations for Fire Code Enforcement” permits the County Fire Marshal to be the County Enforcing Agency with the right to inspect all County and autonomous County facilities and in addition, to inspect life hazard uses or enforce the Code fully on behalf of a Municipality or fire department or fire district when so designated: and

WHEREAS, the Township of Stillwater accepts the terms and conditions of the agreement between the Township of Stillwater and the County of Sussex regarding the provisions of enforcing agency services through the Sussex County Fire Marshal for a period of five (5) years, as more fully set forth in a Shared Services Agreement, a copy of which is attached hereto: and

BE IT RESOLVED that certified copies of this Resolution shall be forwarded to Teresa Lyons, Clerk of the Board of Chosen Freeholders,; Virgil R. Rome, Sussex County Fire Marshal; Michael F. Strada, Sussex County Sheriff; Gregory V. Poff II, Sussex County Administrator, John D. Williams, Sussex County Counsel; Timothy Cunningham, Director, NJ Division of local Government Services, P.O. Box 803, Trenton, NJ 08625.

Mr. Scott made a motion to adopt Resolution 2018-083, seconded by Mr. Fisher.

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

RESOLUTION 2018-084:

STILLWATER TOWNSHIP, SUSSEX COUNTY, NEW JERSEY

RESOLUTION 2018-084

RESOLUTION FOR PERSON TO PERSON TRANSFER

WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Consumption License Number 1920-33-006-007, heretofore issued to Kathleen McCartin-Ur d/b/a Mountain Brook Inn LLC located at 901 Route 521, Stillwater Township, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the license business; and

NOW, THEREFORE BE IT RESOLVED that The Stillwater Township Governing Body does hereby approve, effective June 19, 2018, the transfer of the aforesaid Plenary Retail Consumption License to David A. Hoogerheyde d/b/a Hyde-Away Restaurant & Tap Room LLC, and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all its terms and conditions, is hereby transferred to David A. Hoogerheyde d/b/a Hyde-Away Restaurant & Tap Room LLC, effective June 19, 2018.”

Mr. Fisher made a motion to adopt Resolution 2018-084, seconded by Mr. Scott.

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

TOWNSHIP OF STILLWATER,  SUSSSEX COUNTY, NEW JERSEY

RESOLUTION NO. 2018-085

WHEREAS, THE Township Committee of the Township of Stillwater, County of Sussex and State of New Jersey, pursuant to the authority vested In it by an act of Legislature, has heretofore by ordinance, provided for the sale of alcoholic beverage in the Township of Stillwater; and

WHEREAS, the following named Liquor License holder has filed an application for the license renewal and the Municipal Clerk has received the Tax Clearance Certificate for this establishment and all fees have been paid.

NOW, THEREFORE, BE IT RESOLVED, that the following liquor license known as Plenary Retail Consumption License be granted renewal for the period of July 1, 2017 to June 30, 2018.

LICENSE NUMBER LICENSEE AND ADDRESS

1920-33-003-002 Stillwater Area Volunteer Fire Company, 929 Stillwater Road, Newton, New Jersey 07875

1920-33-010-003 North Shore House, LLC
P. O. Box 167, 912, Route 622 Swartswood Road, Stillwater, New Jersey 07875

1920-33-006-007 Hyde-Away Restaurant & Tap Room LLC
901 Route 521, Stillwater Township, NJ

1920-33-011-005 The Boat House at Swartswood, LLC, P. O. Box 26, 1040 Route 521, Swartswood, New Jersey 07877

1920-44-008-004 Main Street Liquors, LLC
P. O. Box 123, 906 Main Street, Stillwater, New Jersey 07875

BE IT FURTHER RESOLVED, that the Township Clerk is hereby authorized to issue the License herein granted, the same effective as provided by Law.

Mr. Scott made a motion to adopt Resolution 2018-085, seconded by Mr. Gross.

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

COMMITTEE REPORTS:

Mr. Scott: A new DPW employee has been hired and is working out very well. The DPW report has been submitted. Roads are being trimmed back. The County is currently working on guardrails and will be catching up on trimming the County roads in the township.

Mayor Chammings: Stillwater Day was a beautiful day with a nice turnout. She commended the fire department and Rescue Squad for their participation. Board of Health inspections were good. The Mayor reported the following contest results: Miss Stillwater – Danielle Blide; Little Miss – Morgan Ryan Reed; Little Mister – Zack Saul. The Mayor commended the Recreation Commission for job well done at Stillwater Day.

Mr. Gross: No fire department reports have been received. He would like funding to be held until a report is submitted. Mr. Scott suggested sending an email to the fire department. Ms. Knott will email all emergency services requesting their reports.

Mayor Chammings: The Planning Board will meet on June 19^th and the board will discuss revisions to the accessory apartment ordinance.

ATTORNEY REPORT:

Mr. Bolcato reported on 920 Five Points Lane. The property is being foreclosed on and the township had provided the former owner with a rehabilitation mortgage from the small cities funding. When the mortgage was recorded it was put on as a COAH deed restricted property rather than a rehabilitation. No action is needed by the township as the bank was the first lienholder and the town was credited for the rehab.

In rem redemptions deadline was June 8^th. Originally there were 20 properties; 19 are being foreclosed on as one was redeemed.

DISCUSSION ITEMS:

SECTV Renewal:

Mr. Bolcato communicated to SECTV that the Committee would like stronger language included in the tree trimming component of the renewal agreement. He received a response from SECTV indicating they did not want the attorneys to deal with the vegetation management and wanted that to be dialogue between SECTV and the township. They are reviewing the comments for ordinance changes and he is hoping to hear back from them shortly. A phone conference should be scheduled in the next few weeks.

Mayor Chammings reported there were many issues with CenturyLink. Some residents have been without phone service for four weeks. The DPW was out of service for three weeks and Ms. Knott contacted CenturyLink several times with no response. The Mayor stated she still does not have full internet and she is trying to get CenturyLink and SECTV to work together for better maintenance and improved conditions. She asked the public to inform the Clerk of any issues they may have so it can be recorded.

Five Points Traffic Study:

Mayor Chammings reviewed the traffic study for the intersection, noting there have been only two listed accidents at this intersection since 2011. A traffic volume survey was conducted and the following concepts were presented and displayed:

Concept #1: The approach of Five Points Lane shifted over approximately 50 feet east along Old Foundry Road creating a simpler, STOP Sign Controlled, T-intersection. The east leg of Old Foundry is then extended further west in order to create a four-approach intersection with Stillwater Road. Both approaches of Old Foundry Road would be STOP Sign Controlled as in the existing conditions, with Stillwater Road remaining the mainline through the area. This concept would reduce the amount of movements and simplify the intersection, improving sight conditions with updated striping and traffic controls. The Committee noted there would have a limited effect on landowners and would be less invasive.

Concept #2: The approach of Five Points Lane is shifted over approximately 75 feet south and connecting to Stillwater Road directly, creating a simpler, STOP Controlled, T-intersection. The east leg of Old Foundry Road is then extended further west in order to create a four-approach intersection with Stillwater Road. Both approached of Old Foundry Road would be STOP Sign Controlled as in the existing conditions, with Stillwater Road remaining the mainline through area. This concept would reduce the amount of movements and simplify the intersections, improving sight conditions with updated striping and traffic controls. The Mayor was not in favor of this concept as it may include eminent domain.

Concept #3: The approach of Five Points Lane as a dead end and a new road which bypass the existing Five Point intersection and connect Five Points Lane with Old Foundry Road. This would maintain the Five Points Lane approach as a dead end so that the existing residences have access to the roadway, but access to Old Foundry Road is proposed via a new road which intersection Five Points Lane approximately 400 feet south of Old Foundry Road and intersects with Old Foundry Road approximately 550 feet east of Stillwater Road. The east leg of Old Foundry Road is then extended further west in order to create a four-approach intersection with Stillwater Road. Both approaches of Old Foundry Road would be STOP Sign Controlled as in the existing conditions, with Stillwater Road remining the mainline through the area. This concept would reduce the amount of movements and simplify the intersection, improving sight conditions with updated striping and traffic controls. This would require purchasing of property or condemning property.

Concept from the Township: The plan provides a lay out of potential geometry for a roundabout, highlighted by the outer radius and right-of-way lines. The roundabout would reduce head-on and right- angle conflicts, eliminating the need for signal and electric hardware, simplify the traffic pattern, reduce travel speeds and less lanes. This concept would require a significant amount of right-of-way taking, and greatest effort and financial consideration for the township to implement.

The study recommended considering concepts #1 through #3 prior to a roundabout. Striping layout may be implemented to temporarily address the geometric issues at the intersection.

Mr. Fisher and Mr. Morrison recommended cutting back the brush and vegetation several times in the past and felt this should still be done. Mr. Morrison asked for an estimate to be obtained for a survey extending back 100 to 200 feet to address sight distance and allow for the vegetation to be removed. Charles Keppler, 913 Homestead Drive suggested making the intersection a five-way stop. Mayor Chammings stated a traffic study was required prior to considering a five-way stop, noting that none of the concepts recommended a five-way stop. Mr. Morrison explained engineering is required to install a stop sign and he felt the results of the study and few accidents may not meet the DOT regulations.

Mayor Chammings concluded the discussion indicating a survey would be completed, vegetation removed and striping installed, while considering Concept #1.

Recycling Center Driveway:

The DPW Supervisor and Township Engineer met with a company to obtain a proposal to reclaim the driveway. A portion of the project would be done by the DPW as listed on the proposal. The project was offered for bid twice in the past and none were received. Mr. Bolcato recommended obtaining an additional quote and he questioned if the project could be completed in two days. He also questioned if the DPW could provide the services included on the proposal. The Clerk will confirm this with the DPW Supervisor. Mayor Chammings noted the public would have to be informed of the possibility of the Recycling Center being closed if the weather does not cooperate. Following review of the proposal, the Committee agreed to move forward with the process to resolve the matter.

Swartswood Road:

The Clerk will contact the Sheriff’s Department to inquire if a digital radar sign could be installed on Swartswood Road to address speeding concerns.

Open Public Session:

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

Kathy Draghi, 1016 Route 619 asked for clarification on the return of the pumper from former Swartswood Fire Department. Mayor Chammings stated as far as she knows it has been returned to Hampton. Mrs. Draghi asked if she is replacing a shed under 100 square feet in the same location, is a permit needed. Mr. Fisher indicated a zoning permit would be required.

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

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

Respectfully submitted,

Kathy Wunder