March 1, 2022 Regular Minutes

STILLWATER TOWNSHIP COMMITTEE

March 1, 2022

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Scott at 7:00 p.m. noting the meeting date, time and place were sent the New Jersey Herald and posted at the Town Hall, on the Township’s website and advised those present that this meeting was being held in compliance with provisions of Open Public Meetings Act, Chapter 231 P.L. 1975 P.L. 1975, Chapter 231, Sections 4 & 13.

Roll Call: PRESENT: Mr. Barta, Mrs. Rumsey, Mr. Fisher, Ms. Chammings and Mayor Scott.

EXECUTIVE SESSION: 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 6:02 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, Contract, Litigation/Potential Litigation.

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.

By a motion was made by Ms. Chammings, seconded by Mr. Fisher to suspend Executive Session at 7:01 p.m., to resume public session unanimously carried by voice vote.

The flag was saluted.

As per ORDINANCE 2022-02: AUTHORIZING THE PUBLIC SALE OF REAL PROPERTY TO CONTIGUOUS PROPERTY OWNERS PURSUANT TO N.J.S.A. 40A:12-13(b)(5) Mr. Vex began the land sale auction:

Tax Block Lot Location Lot Size Minimum

Sale Price

903 27 Shore Drive 50 x 170 $250

Michael Stephenson bid $250 for the lot. There were no other bidders for these lots.

1001 20 Plymouth Lake Dr. East 50 x 297 $250

Tom and Darlene Rodriguez bid the minimum of $250 for this lots There were no other bidders.

As per Resolution 2022-031: Authorizing the Public Sale of Real Property Pursuant to N.J.S.A. 40A:12-13

501 7 East Court 1.136 Acres $500

The bidder for this lot was Laura Timony. There were no other bidders present for this lot.

BUDGET DISCUSSION: CFO Tammy Leonard

Mrs. Leonard said she made some minor adjustments since the last budget discussion to areas utilizing trusts to keep the budget under the appropriations cap. Mrs. Leonard discussed two options of using surplus to keep the budget balanced without raising taxes too much. Option 1 uses $1,080,000.00 of surplus and would result in a $9 increase in municipal property tax for the average home valued at $206,000.00. Option 2 uses $30,000 less or $1,050,000.00 would result in a $24 increase per average home. After a brief discussion the Township Committee chose Option 1.

MINUTES: January 18, 2022 Regular Session Minutes

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

MINUTES: February 1, 2022 Regular Session Minutes

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

BILLS LIST #4: $106,274.13

RESOLUTION 2022-045 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 March 1, 2022 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 Mrs. Rumsey to adopt Resolution 2022–045, seconded by Mr. Fisher Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, yes, Mayor Scott, yes.

COMMITTEE REPORTS:

Mrs. Rumsey reported the heating issues at the Community Center have been repaired and volunteers will be going through the kitchen area and compiling items to be donated that are no longer needed.

Mrs. Rumsey reported Texas Hold ‘Em, the scouts, mahjongg ladies, fire department training activities and private parties are keeping the community center very busy.

Mrs. Rumsey also noted the areas of improvement needed at the community center: new roof, power washing of exterior, soffit and gutter replacement, parking lot repair, new flooring in the main area and the new handicapped door the clerk is working on with the Sussex County Board of Elections.

Mrs. Rumsey also reported on some Recreation Commission dates of interest: Stillwater Day (in conjunction with the Stillwater Historical Society’s Fall Festival) will be held on Saturday, October 8, 2022 with a rain date of October 9, 2022; Garage Sale weekend will be held on May 21^st and 22^nd (new date), Stillwater clean -up day will be held on April 9, 2022 noting any interested non-profit groups should sign up soon if they hope to take advantage of the $300 stipend from Stillwater Clean Communities Grant.

Mrs. Rumsey welcomed Mike Carovillano as a new member of the Recreation Commission.

Ms. Chammings said she will not report on the Zoning Board of Adjustment meeting because a good number of members were in attendance to discuss the potential merger with the Planning Board.

Ms. Chammings reported the Environmental Commission discussed the Bio Char used at the Fairview Lake Camp and their concern it would be spread out on roads, fields and areas where it could create problems. Ms. Chammings welcomed back Ed Szabo to the Environmental Commission and welcomed new member Emily Wills.

Ms. Chammings also noted she will attend an OEM training at the Sussex County EEOC on Thursday, March 3, 2022.

Mr. Barta reported that the Stillwater Board of Education is discussing the funding decrease from the State and how they will go forward with their budget.

Mr. Barta said the Board of Education is discussing aligning the education programs for the sending districts of Kittatinny Regional School District so all students entering the seventh grade will be on the same page educationally.

Mr. Barta noted the mask mandates for students in school and on the buses to and from school will be lifted on March 7, 2022. Mask wearing will be optional but staff will not police the parent’s choice if their student is not wearing the mask. If COVID levels rise mask mandates will be re-visited.

Ms. Chammings asked Mr. Barta about a memo from Mr. Haggerty, Planning Board Attorney. Mr. Barta said the memo discussed the Planning Board was not against the merger with the Zoning Board of Adjustment and their concern was the secretary be accurately compensated for the work she will undertake prior to the merger’s finalization.

Mr. Fisher read the February 2022 Stillwater Area Volunteer Fire Company’s report into the record:

Hello township committee

Stillwater area volunteer fire company has been very busy in these cold months of winter. Our members have been performing our truck checks, equipment checks and having great discussions on plans, training as well as projects in the future. So far, we have responded to 11 Fire calls and 59 ems calls. Ems has been doing a phenomenal job answering nearly all of our in-town calls. The ems officers and the general enthusiasm for running calls from everyone has been truly noticed. Unfortunately, Stillwater has had its first structure fire and thanks to quick action of a passerby resident the family and house were saved. I thank everyone involved, because of the brave and dedicated fire personal from the tripod and many other departments the outcome was the best we could have had. The family is safe, there property was salvaged and one of Stillwater’s historic homes still stands.

As mentioned last month February 19 is ice rescue training for some in our department and we will be assisting and keeping safe the participants in the YMCA’s polar plunge on the 20th. As always anyone interested in volunteering to directly help and change lives for the better in our beautiful community are always welcome. Thank you.

Paul Hawkins

Mayor Scott reported the DPW had a harder than usual time with the last weather event. The heavy wet snow and ice took down a few mailboxes.

AMENDMENTS TO AGENDA – Mr. Fisher noted he and Mayor Scott attended the fire department meeting and discussed keeping Engine 3 (the old Swartswood Fire Truck) because it really is a good truck that works well and even though it had originally been slated to be sold they would now like to keep the truck. Further discussion will be held when the new truck is ready to be delivered.

Mrs. Rumsey asked the clerk to find out when the security system would be up and running at the community center. The clerk said the funds are included in the budget so it cannot be funded until after the budget is finally adopted but will check with the CFO for a final decision.

Ms. Chammings asked that the Master Plan/Planner and Planet Networks be put on under discussion and Mr. Fisher asked that Home Depot also be put under Discussion.

OPEN PUBLIC SESSION

Mr. Ed Szabo, 978 Route 521, brought an article he read in the New Jersey Herald to the attention of the Township Committee. The article was about making the Delaware Water Gap National Recreation Area into a National Park. One of the main reasons cited is vandalism in the area. If the Recreation Area is turned into a National Park there will be no fishing or hunting allowed in the area. Locals have enjoyed using the area without restriction. Mr. Szabo noted that cost, taxing, fees or territory have not been addressed and there has been no mention of public comment on this change. Mr. Szabo also noted the Federal Government had decided not to spend money and repair the road connecting Stillwater to Fiddler’s Elbow but Stillwater First Responders still respond to the area and have even purchased UTV vehicles to allow them to reach injured people. The Township Committee has asked Mr. Szabo to pen a letter to the Sussex County Commissioners voicing concerns with the project.

Mrs. Kathy Draghi, 1016 County Route 619, asked for clarification on keeping Engine 3. Mr. Fisher responded the two trucks (engine 3 and a pumper) would be kept until the new truck arrives and then both trucks will be sold.

Mrs. Marie Urr, 904 County Route 619, voiced her concerns regarding the Knox Box requirement for business which was recently passed by the governing body. Mrs. Urr feels the business owners should be given the opportunity to OPT out. Mrs. Urr also felt it was unclear how safe the business key would be in the knox box. Former Fire Chief Steven Sugar explained the master key to the knox boxes would be locked in the fire trucks and chief’s vehicle. A member’s social security number must be punched into the box to allow them to access the master key. The master key is then put into the businesses knox box to remove the business’s key to allow the fire company access into the building. The knox box is really there to protect the business which is why the State allows municipalities to adopt this mandatory requirement.

Mrs. Marsha Bradley, CERT Program Coordinator, congratulated George Scott on being Mayor for 2022 and ask when he had time she would like to meet with him to discuss his thoughts on what CERT could do for the community.

Mrs. Bradley also spoke regarding the Spotted Lantern Fly and the Emerald Ash Borer which is eating the Ash trees. Mrs. Bradley was concerned about what to do with the trees that were cut down. Kelly from the State will be coming to the Bradley’s home to discuss.

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

OLD BUSINESS:

RESOLUTION 2022-026 Awarding Contract for LSRP and Preparation of Preliminary Assessment of 992 Fairview Lake Road.

WHEREAS, the Township of Stillwater requires the services of a Licensed Site Remediation Professional to prepare a preliminary assessment for 992 Fairview Lake Road (Block 2401 Lot 37) in Stillwater Township; and

WHEREAS, the Scope of Work is dependent on possible unforeseen Site conditions and volume of historical reports and data the prices received are for an initial estimated budget; and

WHEREAS, the Township received three (3) proposals: $5,867.50 from ADR Environmental, $9,500 from TRC Environmental Corporation and $25,500 from Allied Service; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Township Committee of the Township of Stillwater that the Township does hereby award the contract to ADR Environmental to retain an LSRP and have the preliminary assessment prepared for 992 Fairview Lake Road (Block 2401 Lot 37) in an initial amount of $ 5,867.50; and

BE IT FURTHER RESOLVED that the award of this contract is subject to certification of the availability of funds by the Township’s Chief Financial Officer.

A motion was made by Mr. Fisher to adopt Resolution 2022–026, seconded by Mr. Barta Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, present, Mayor Scott, yes.

ORDINANCE 2022-05 VESTING POWERS OF THE STILLWATER TOWNSHIP ZONING BOARD OF ADJUSTMENT IN THE STILLWATER TOWNSHIP PLANNING BOARD – Public Hearing and Adoption

A motion was made by Ms. Chammings, seconded by Mrs. Rumsey to open the meeting to the public for discussion of Ordinance 2022-05 authorized by a unanimous voice vote.

Mr. George Lippencott, Chair of the Zoning Board of Adjustment, added to his remarks from the last meeting and said the Master Plan will take a lot of time and effort so why rush the merger. Mr. Lippencott discussed his other concerns such as postponements of applications and appeals of decisions forcing residents to seek relief in court.

Mrs. Arlene Fisher, 1059 Mount Benevolence Road, spoke as a former member of both the Planning Board and Zoning Board of Adjustment and as the former Zoning /Code Enforcement Officer for Stillwater Township. Mrs. Fisher said she reviewed the minutes of both boards for the last few years and feels it is a perfect time for the merger. Mrs. Fisher stated the member of both boards will lean and understand each other’s processes and work jointly on the master plan. Mrs. Fisher said she does not see the merger forcing postponements of applications noting the boards never met for more than 1 and ½ hours and the resident question of which board to apply would be eliminated because there would only be one place to go.

Mrs. Rumsey said when she first brought up the Land Use Board she wanted the Committee to look into merging and do a fact-finding to see if the Township would benefit as other surrounding municipalities have gone to one board. Mrs. Rumsey did not expect the ordinance to be on the next agenda. Mrs. Rumsey would like to see a cost and a productivity analysis before the Township Committee voted on a change.

Mr. Eric Van der Haeghen, member of the Zoning Board of Adjustment, spoke in favor of keeping the boards separate and also added if it isn’t broken don’t try to fix it.

Seeing no one else from the public who wished to speak on Ordinance 2022-05 this portion of the meeting was closed.

Mayor Scott asked if there was any Township Committee discussion before they voted.

Ms. Chammings said she had read Mr. Haggerty’s memo and said she agreed these concerns should be addressed before moving forward. Ms. Chammings said the secretary position concerns should be taken care of and the Township Committee should not move forward until they are.

Mr. Barta said it is not a bad plan to merge the two boards but there is no reason to rush it through without knowing all the facts and pros and cons.

Mayor Scott asked Mr. Vex if the Township Committee could put off the vote until the next meeting on March 15, 2022 to allow Mrs. Rumsey and Mr. Barta time to do a fact-finding investigation and have their questions/concerns addressed. Mr. Vex said they could.

Mrs. Rumsey asked Mayor Scott if Ms. Chammings and Mr. Barta could be the two to do fact-finding because they are the liaisons to the board and are better equipped to ask the right questions.

Mayor Scott agreed and tabled the vote on this ordinance to March 15, 2022 to allow Ms. Chammings and Mr. Barta to conduct a fact-finding investigation on the benefits of this merger.

NEW BUSINESS:

RESOLUTION 2022-046 Authorizing Submission of a Revised Strategic Plan for the Stillwater Municipal Grant for fiscal year 2023

WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey.

WHEREAS, The Township Council of the Township of Stillwater, County of Sussex, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and,

WHEREAS, the Township Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and,

WHEREAS, the Township Council has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Sussex;

NOW, THEREFORE, BE IT RESOLVED by the Township of Stillwater, County of Sussex, State of New Jersey hereby recognizes the following:

1. The Township Council does hereby authorize submission of a revised strategic plan for the Stillwater Municipal Alliance grant for fiscal year 2023 in the amount of:

DEDR $ 1,511.00

Cash Match $ 377.75

In-Kind $ 1,133.25

1. The Township Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements.

A motion was made by Mrs. Rumsey to adopt Resolution 2022–026, seconded by Mr. Fisher Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, present, Mayor Scott, yes.

RESOLUTION 2022-047 Authorizing the Public Sale of Township Property No Longer Needed for Public Use

WHEREAS, the Township of Stillwater is the owner of certain property that is no longer needed for public use consisting of a 2000 Ford Utility Van VIN #1FDWE 35FXY HB415 47: and

WHEREAS, N.J.S.A. 40A:11-36 authorizes municipalities to sell public property that is no longer needed for public use to the highest bidder as surplus property; and

WHEREAS, the Township of Stillwater desires to sell such surplus property in “as is” condition without express or implied warranties.

NOW, THEREFORE, BE IT RESOLVED, the Township of Stillwater hereby authorizes the sale of Township property no longer needed for public use by auction; and

BE IT FURTHER RESOLVED, that the public auction shall be conducted on April 19, 2022 at the Regular Meeting of the Stillwater Township Committee at 7:00 p.m., 964 Stillwater Road, Newton, New Jersey; and

BE IT FURTHER RESOLVED, that the sale of surplus property to be sold in “as is” condition without expressed or implied warranties is as follows:

ITEM MINIMUM BID

2000 Ford Utility Van $2,000.00

VIN #1FDWE 35FXY HB415 47

BE IT FURTHER RESOLVED, that the Township of Stillwater reserves the right to accept or reject any bid submitted; and

BE IT FURTHER RESOLVED, that the successful bidder(s) shall be required to pay the full amount of the sale and shall be required to make arrangements for the pick-up of sold property from the Township of Stillwater within 10 business days of the auction; and

BE IT FURTHER RESOLVED, that all other Township officials and employees are hereby authorized and directed to take all action necessary and appropriate to effectuate the terms of this Resolution.

This resolution shall take effect immediately.

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.

It was decided by the Township Committee the sale would be at the regular meeting of the Stillwater Township Committee on Tuesday, April 19, 2022 at7:00 p.m. The inspection of the vehicle for potential buyers will be held on Monday, April 18, 2022 from 1:00 p.m. to 3:00 p.m. at the DPW yard. The minimum asking price will be $2,000.00

A motion was made by Ms. Chammings to adopt Resolution 2022–047, seconded by Mrs. Rumsey Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, present, Mayor Scott, yes.

RESOLUTION 2022-048 Authorizing Alicia Gardner to work additional hours during Beth Martin’s Maternity Leave

WHEREAS, Beth Martin is on maternity leave through February 22, 2022; and

WHEREAS, Alicia Gardner has agreed to work two full days (9:00 a.m. to 3:00 p.m.) Tuesdays and two half-day Tuesdays to cover the Reception Desk during Beth Martin’s absence; and

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Stillwater that:

The Mayor and Committee are hereby authorizing Alicia Gardner to work extra hours to cover the time Beth Martin is on maternity leave at $18.00 per hour until February 22, 2022.

A motion was made by Mrs. Rumsey to adopt Resolution 2022–048, seconded by Ms. Chammings. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, present, Mayor Scott, yes.

DISCUSSION ITEMS:

Possible REM Foreclosure list: Ms. Chammings discussed she and the clerk both looked over the master list of liens and came up with the same list of properties. The clerk included three of the smaller liens because residents of adjoining properties were looking to purchase those properties. Ms. Chammings said she would like to include some liens that were for properties that are corner lots to round out the list to twenty (20) properties to foreclose on in 2022.

Mrs. Heidi Mountford, 921 Mount Benevolence Road, asked to speak on the subject of the foreclosure list. Mrs. Mountford said the prior discussion on the Pond Brook Road property sparked her interest and sent an OPRA to the clerk for the list of township liens for non-payment of property taxes. Mrs. Mountford noted there were 94 properties on the list and $558,000.00 taxes owed to the Township. Mrs. Mountford added the average amount of time taxes were delinquent was ten (10) years.

Mrs. Mountford provided a list she compiled from the master list of the top sixteen (16) properties by lot/block, owner, location, how much owed and for how long taxes have not been paid to residents in attendance and the township committee. Mrs. Mountford said some of these properties have not paid taxes going back to 2000 and the 18% interest the State allows lien holders to charge makes the liens owed to Stillwater Township over one million dollars. Mrs. Mountford suggested sending letters to all property owners with liens letting them know if they do not redeem the liens their property would be foreclosed on.

Ms. Chammings said the township cannot foreclose on everything at once because of the cost of foreclosures. Ms. Chammings agreed letters should go out but the township committee should prioritize which lots to foreclose. Mrs. Chammings said each taxpayer pays $348 (per average home) more to cover the residents who do not pay their property taxes. (Ms. Chammings noted her figure may be off).

Mrs. Mountford noted quit claim deeds would be less costly than foreclosure if the property owners were willing to give up their land. Mrs. Mountford also said she specifically asked about the Pond Brook property at the last meeting and was told a letter would go out to the owners but no letter was sent. Mrs. Mountford asked who is responsible for dropping the ball? Mrs. Mountford said originally, she thought it was the tax collector but came to realize it was the Township Committee in charge of directing action by their employees.

Ms. Chammings said she was responsible noting she has asked for this lien list for years but never received the list and should have gone to the tax collector and requested the list personally.

Mrs. Mountford said every year the audit has a comment noting how many properties were in arrears with property taxes and suggested the township committee act but nothing happened. Mrs. Mountford said the township committee did not act fiscally responsible allowing these property owners to continue not paying their taxes.

Ms. Chammings said the Township Committee will direct the tax collector send letters to all property owners with tax lien giving the owners thirty days to respond. The Township Committee unanimously agreed to have the tax collector send letters immediately to all property owners with property tax liens.

Mrs. Terry Beshada, Stillwater Road, noted when she was tax collector in Hardyston Township she sent letters to all property owners with liens letting them know the township planned on foreclosing if they did not redeem their liens.

Planet Networks: Ms. Chammings discussed a quote received from Planet Networks to bring fiberoptic cable to townhall. The cost is $30,900 including moving the communications hub from the maintenance closet in townhall to a more secure area. The CFO confirmed the township could use American Recovery Grant Funds for the purchase and has moved items around in the 2022 budget in order to take advantage of this service upgrade.

A Motion was made by Mr. Fisher to take advantage of the service upgrade and accept the proposal from Planet Networks, seconded by Mrs. Rumsey Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, yes, Mayor Scott, yes. When the 2022 budget is adopted the clerk will create a formal resolution for the township committee to adopt to purchase the service and equipment as outlined in Quote #36094 dated February 16, 2022.

Potential new corridor from townhall into old rescue squad building: Ms. Chammings and Mr. Fisher met at townhall to discuss the possible new corridor for access from townhall to the old rescue squad building. Mr. Fisher noted the project would take two DPW employees approximately a week to complete.

OPEN PUBLIC SESSION

Mrs. Heidi Mountford, thanked Ms. Chammings for discussing the lien list in public. It was that discussion that prompted her to look into the matter.

Seeing no one else who wished to speak, this portion of the meeting was closed.

ATTORNEY’S REPORT: Mr. Vex had nothing to report.

 

There being no further business, Mr. Fisher made a motion to adjourn the meeting at 9:40 p.m., seconded by Mrs. Rumsey. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, RMC