March 6, 2018 Meeting Minutes

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STILLWATER TOWNSHIP COMMITTEE MEETING MINUTES

March 6, 2018 – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:00 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.

PRESENT: Committeeman Gross, Deputy Mayor Morrison, Committeeman Scott, Mayor Chammings, Committeeman Fisher, Municipal Clerk Lynda Knott, Township Attorney Angelo Bolcato and Labor Attorney Howard Vex.

EXECUTIVE SESSION:

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Scott, seconded by Mr. Gross 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: Personnel,

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. Gross to conclude the Executive Session at 7:10 p.m., unanimously carried by roll call vote.

Regular Session:

The Flag was saluted.

CONSENT AGENDA:

ALL MATTERS LISTED BELOW ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF ANY DISCUSSION IS DESIRED, THAT PARTICULAR ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY ON THE REGULAR AGENDA.

MINUTES: February 20, 2018 Regular and Executive Session Minutes

RESOLUTIONS: 2018-038 Appointment of Township Board Member Eric van der Haeghen to the Zoning Board of Adjustment

Mr. Scott made a motion to approve the Consent Agenda, seconded by Mr. Gross.

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

BILLS LIST #4 $847,597.34

RESOLUTION 2018-035 PAYMENT OF BILLS

Mr. Scott made a motion to adopt Resolution 2018-035, seconded by Mr. Morrison.

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

AMENDMENTS TO THE AGENDA: None

Open Public Session:

Harold Bork, 906 Maple Path, discussed his concerns with the lack of action on the part of JCP&L to restore power to Stillwater Township after Winter Storm Riley.

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

OLD BUSINESS

ORDINANCE 2018-01 Public Hearing and Adoption

CALENDAR YEAR 2018 ORDINANCE OF THE TOWNSHIP OF STILLWATER, COUNTY OF SUSSEX, NJ TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

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

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

WHEREAS, the Township Committee of the Township of Stillwater in the County of Sussex finds it advisable and necessary to increase its CY 2018 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Township Committee hereby determines that a 1% increase in the budget for said year, amounting to $23,145.11 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

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

NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township of Stillwater, in the County of Sussex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2018 budget year, the final appropriations of the Township of Stillwater shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $81,007.87, and that the CY 2018 municipal budget for the Township of Stillwater be approved and adopted in accordance with this ordinance; and,

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

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

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

Mr. Scott made a motion to adopt Ordinance 2018-01, seconded by Mr. Morrison.

Roll Call Vote: Mr. Gross, no, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

NEW BUSINESS

ORDINANCE 2018-02

AN ORDINANCE OF THE TOWNSHIP OF STILLWATER, COUNTY OF SUSSEX, NEW JERSEY, AMENDING CHAPTER 22, JOINT MUNICIPAL COURT, OF THE CODE OF THE TOWNSHIP OF STILLWATER

WHEREAS, the Township of Stillwater’s current Code Chapter 22, “Court, Joint Municipal” established a Joint Municipal Court known as the Municipal Court for Township of Wantage, Borough of Sussex and Township of Stillwater, as reflected in Township Ordinance No. 2011-5; and

WHEREAS, the members of the Joint Municipal Court have agreed to expand the Joint Municipal Court in order to add the Borough of Branchville; and

WHEREAS, the Stillwater Township Committee desires to amend Chapter 22-1 to establish the new Joint Municipal Court;

NOW THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Stillwater, Sussex County, New Jersey as follows:

Section 1 – Existing Chapter 22-1 is repealed in its entirety and replaced as follows:

22-1 Township to become member of Joint Municipal Court;

Upon the adoption of the requisite resolutions and ordinances by all participating municipalities, the execution of all required contracts and agreements and upon the termination of the Borough of Branchville’s current court agreement, the Township of Stillwater shall become a member of the Joint Municipal Court known as the “Joint Municipal Court of the Township of Wantage, the Borough of Sussex, the Township of Stillwater and the Borough of Branchville”

Section 2 – Summons

All summons issued from the Township of Stillwater shall be presented in the Joint Municipal Court on and after its effective date.

Section 3 – Conditions

This ordinance shall become effective upon the adoption of all required resolutions and ordinances and the execution of all agreements and contracts required to establish and implement the Joint Municipal Court by all municipalities participating in the Joint Court, and upon the termination of the Borough of Branchville’s current court agreement. In the event that any of the other participating municipalities, Wantage Township, Sussex Borough and/or Branchville Borough fail or refuse to adopt any ordinances and/or resolutions required to approve the Joint Municipal Court, and/or fail or refuse to execute all agreements and contracts required for the Joint Municipal Court, this ordinance shall be void and of no effect.

Section 4 – Repealer

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

Mr. Scott made a motion Introduce Ordinance 2018-02, seconded by Mr. Fisher.

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

RESOLUTION 2018-040 Approving Agreement for Inter-Municipal Court for the Municipalities of Wantage Township, Sussex Borough, Stillwater Township and Branchville Borough

WHEREAS, the Township of Stillwater’s current Code Chapter 22, “Court, Joint Municipal” established a Joint Municipal Court known as the Municipal Court for Township of Wantage, Borough of Sussex and Township of Stillwater, as reflected in Township Ordinance No. 2011-5; and

WHEREAS, the Township of Stillwater is a party to a Municipal Court Agreement (“court agreement”) that was renewed by the renewal Agreement with an effective date of January 1, 2018; and

WHEREAS, the parties to the current Agreement have agreed to expand the Joint Municipal Court to include the Borough of Branchville and as such have proposed a new Agreement for Inter-Municipal Court for the municipalities of Wantage Township, Sussex Borough, Stillwater Township and Branchville Borough (“new Agreement”), which Agreement will become effective upon the adoption of the requisite resolutions and ordinances and termination of Branchville’s existing court agreement. The term of the new Agreement shall be for four (4) years, terminating on December 31, 2021;

WHEREAS, the cost for the court services to the Township of Stillwater shall be as follows:

2018 $41,132.00

2019 $41,954.00

2020 $42,793.00

2021 $43,649.00

WHEREAS, N.J.S.A. 40A:65-1 et seq. authorizes municipalities to enter into Shared Services Agreements;

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

Section 1 – Approval

The Stillwater Township Committee hereby approves the Agreement for Inter-Municipal Court for the Municipalities of Wantage Township, Sussex Borough, Stillwater Township and Branchville Borough as provided for in the Agreement to become effective as provided for in the Agreement. The Mayor and Township Clerk are authorized to sign the Agreement.

Section 2 – When Effective

This ordinance shall take effect immediately, however it shall be void and of no effect in the event that any of the other participating municipalities, Wantage Township, Sussex Borough and/or Branchville Borough fail or refuse to adopt a resolution or ordinance approving the agreement and/or any of the related ordinances required for establishment of the Joint Municipal Court and/or fail or refuse to sign the Agreement as it was presented to the Township of Stillwater.

Mr. Scott made a motion to adopt Resolution 2018-040, seconded by Mr. Fisher.

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

Resolution 2018-041 Mayor’s Acceptance of the resignation of Deborah Pfunke as Deputy OEM with Committee Concurrence.

Mr. Scott made a motion to adopt Resolution 2018-041, seconded by Mr. Gross
Roll Call Vote: Mr. Gross, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes, Mayor Chammings, yes

ATTORNEY REPORT: Mr. Bolcato stated the In Rem Foreclosures were filed with the Court. Mr. Bolcato asked if the issues plaguing the ambulance had been resolved. Mr. Patrick Bodensieck, Captain of the EMS, was in attendance and answered that the turbo had been replaced and the ambulance was performing well.

DISCUSSION ITEMS:

2018 Budget Discussion:

The Township Committee discussed the salary requests that had not been decided. The decisions that were made are: Finance Clerk Tammy Leonard will receive a $5.00 per hour raise for completing her Certified Financial Officer training, Zoning Officer Arlene Fisher would receive an additional hour per week and the non-union employees would receive a three percent (3%) raise.

Open Public Session:

There being no members of the public wishing to speak, this portion of the meeting was closed 8:30 p.m.

There being no further business, Mr. Scott made a motion to adjourn the meeting at 8:30 p.m., seconded by Mr. Fisher. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, RMC

Township Clerk

VIEW THE 2017 BUDGET
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