November 1, 2022 Regular Meeting

STILLWATER TOWNSHIP COMMITTEE

MEETING MINUTES

Tuesday November 1, 2022

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Scott at 7:07 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, Ms. Chammings, Mr. Fisher 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 Mrs. Rumsey, seconded by Mr. Barta and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 6:00 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.

By a motion was made by Mr. Fisher, seconded by Mrs. Rumsey to suspend Executive Session at 7:10 p.m., and resume public session unanimously carried by voice vote.

The flag was saluted.

DISCUSSION: Sam Wykoff – Community Center Roof

Mr. Sam Wykoff was in attendance to discuss different roofing options for the community center roof. The Township Committee asked questions about the option of a peak vs. flat roof. Mr. Wykoff will go back to the community center and re-check if the building could handle a peak roof and also look at any other items he sees as needed to keep the building structurally sound. Ms. Chammings made a Motion to accept Mr. Wykoff’s proposal for $12,475.00 to draw up plans and write specifications for the community center’s roof, seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, yes, Mayor Scott, yes.

MINUTES: October 18, 2022 Regular Meeting and Executive Meeting Minutes

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

BILLS LIST #17: $934,809.06

RESOLUTION 2022-165 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 November 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 2022-165, 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 that the Community Center was working well with all the groups that use it on a regular basis and residents who use it for personal events.

Mrs. Rumsey stated that CERT/MRC had a successful drill with the Tripod. CERT/MRC also attended the “Stop The Bleed” course given by Dwayne Banghart, Deputy Chief of the Stillwater Area Volunteer Fire Company.

Mrs. Rumsey stated that the Recreation Commission is hosting a Veteran’s Celebration on November 12, 2022 at the Community Center. The Recreation Commission hosted a senior Halloween Celebration on October 27, 2022. The next meeting of the Recreation Commission on November 7, 2022 where they will decide the winner of the Halloween Decoration Contest.

Mr. Barta reported the Planning Board Secretary, Alfia Schemm, is retiring at the end of the year. Mrs. Schemm is also the secretary for the Zoning Board. Mr. Barta said the Planner is getting the master plan re-examination report in final form and will be going to the township committee to discuss at an upcoming meeting.

Mr. Barta stated part of the subdivision happening on Wall Street is deeded to the Nature Conservancy. The property consists of 104 acres with public access with parking to the trails in the area.

Ms. Chammings reported the Zoning Board heard an application for Block 3804 Lot 2.01 about a driveway and home on property with steep slopes. The Board approved the owner’s application for a driveway and the property will go into farmland with tree management within three years.

Ms. Chammings stated the Zoning Board discussed their 2023 budget. Three RFP’s for a new engineer were received. The Zoning Board would like to sit with the Planning Board for the interviews to hopefully choose one engineer for both boards.

Ms. Chammings reported there are two applications for new members for the CERT/MRC. CERT/MRC is currently compiling a checklist for new members so they know everything they need before becoming a member. There is a basic CERT class March 18/19, 2023 8:00 am to 4:00 pm, each day, to help the new members get their required courses.

Ms. Chammings also reported SCUMA has released its proposed rates which will go into effect on December 1, 2022. The solid waste pricing remained the same but the bulky price may have increased. If bulky did increase the township may have to amend its fee ordinance to reflect the higher costs.

Mr. Fisher reported the Fire Department is doing a Swift Water Recuse drill on Sunday November 6, 2022. Mr. Fisher added the fire department had a call at Mountain Shadows Campground because an arcade game exploded.

Mr. Fisher said he, Mayor Scott, and Mr. Rich Bizik, the Construction Official, met to discuss the Mountain Shadows Lake Association complaint regarding illegal building. Mr. Bizik is going to send a letter to the owner of the property and request they take it back to the regulations of Mountain Shadows. Ms. Chammings asked if that was 60% screens and Mr. Fisher confirmed it is 60% screening.

AMENDMENTS TO AGENDA:

Mayor Scott reported the township committee is extending a probation period until November 15, 2022.

Mayor Scott stated there was going to be only one Open Session during this meeting instead of two because the meetings have been going on too long.

Mr. Fisher said he wants to add his concern regarding the Stillwater New Jersey Face Book page.

Mr. Fisher said he is very upset by remarks made by residents like why didn’t you defend yourself against the negative things posted about you during the primary elections or what did you do so wrong to make those people say such negative things about you. I tell them it is because I did not know and I believe I was blocked so I could not see what was said. One post said I never gave a report and how could I when I was never given anything to report on. Mr. Fisher requested Ms. Chammings print out the negative posts regarding about him. Ms. Chammings asked what dates should she look though and Mr. Fisher said April, May and June. Mr. Fisher feels the page should be turned over to the staff at town hall to run as the community face book page. Mr. Fisher noted he was very upset by his colleagues who tried to ruin his character and unfairly used a smear campaign on a platform where he was unable to respond.

OPEN PUBLIC SESSION:

Heidi Mountford, Mt Benevolence Road, asked the Township Committee what their long-term plan was with the Community Center. Mrs. Mountford feels a new roof may only be a bandaid and feels it may be better to do something better and not just throw good money after bad. Mrs. Mountford would like the committee to see what can be done to the building looking toward the future.

Mr. Sam Wykoff addressed the committee again to confirm they all had the same ideas about the community center. Mr. Wykoff will go and inspect above the ceiling tiles to see if the walls were in good shape.

Kathy Draghi, 916 County Route 619 asked the Township Committee if there was any type of kick back from SCUMA when residents go there. Committeewoman Chammings stated that there is no benefit to the township if residents use their facility.

Mrs. Draghi asked Mayor Scott if he was really going to unilaterally limit the public session to one now when the substance of the meeting will be addressed by the committee after this public session. Mayor Scott was just trying to limit the length of time of public session dialog.

Maureen Tsadilas, stated that there needs to be a long-term plan for the Community Center because of all the amazing activities that take place there. Maureen also stated that there was shooting by her house Sunday and then she noticed a deer in her yard that had been shot but not fatally. The Committee recommended that she call Fish and Game.

Jack Branagan, 961 Old Schoolhouse Road, questioned the Committee on if they were going to pass an ordinance about Biochar. Mr. Branagan noted the company Fairview Lake YMCA ordered their biochar from will take back their used biochar. Mr. Vex said he asked Mr. Branagan to find out if anyone took biochar back before an ordinance be adopted directing people to send it back to the manufacturer.

Joe Doherty, 943 Old Schoolhouse Road, read a letter into the record.

“It has come to my attention that this committee is considering revising the township noise ordinance. I believe a number of complaints from residents has prompted council to take this action. It appears that loud music coming from a neighbor’s home is the latest outrage and the complainant is requesting that something be done to curtain and control the disturbance. I know the feeling, having had experience with noisy neighbors who run roughshod over the rights of others in their pursuit of inconsiderate and self-indulgent pleasures. I support the complainant and ask this committee to include my complaint of excessive gunfire during target practice and the use of explosive devices in any revision of the township noise ordinance. As a footnote, I am pleased to inform you that the gunfire/explosives situation has improved and I hope it stays that way. My thanks to the member or members of this committee as the case may be, who helped make that possible.”

Lou Sylvester, 945 Old Schoolhouse Road, expressed his concerns that the clean up of 947A Old Schoolhouse Road isn’t up to his and his surrounding neighbors’ standards.

Lou Sylvester requested that all of the American Flags around town be replaced, as they are faded, before Veteran’s Day on November 11, 2022. The Committee agreed and stated they would get the DPW to change them out.

OLD BUSINESS:

Township’s Tax Lien Update:

Mr. Vex stated there are three properties are in the process of signing quit claim deeds back to the township.

NEW BUSINESS:

RESOLUTION 2022-166 Resolution Appointing Risk Management Consultant

WHEREAS, Stillwater Township (hereinafter “Local Unit”) has joined the Statewide Insurance Fund (hereinafter “Fund”), a joint insurance fund as defined in N.J.S.A. 40A:10-36 et seq.; and

WHEREAS, the Bylaws require participating members to appoint a Risk Management Consultant, as those positions are defined in the Bylaws, if requested to do so by the “Fund”; and

WHEREAS, the Local Unit has complied with relevant law with regard to the appointment of a Risk management Consultant; and

WHEREAS, the “Fund” has requested its members to appoint individuals or entities to that position; and

NOW, THEREFORE, BE IT RESOLVED by the governing body of “Local Unit”, in the County of Sussex and State of New Jersey, as follows:

1. Township Committee of Stillwater Township hereby appoints

George Morville its local Risk Management Consultant.

1. The Mayor and Risk Management Consultant are hereby authorized to execute the Risk Management Consultant’s Agreement for the year 2023 in the form attached hereto.

Name of Entity: Stillwater Township

Attest:

Lynda Knott, Township Clerk George E. Scott, Mayor

2023 FUND YEAR

STATEWIDE INSURANCE FUND

RISK MANAGEMENT CONSULTANT’S AGREEMENT

THIS AGREEMENT entered into this ______ day of ____________ 2022, among the Statewide Insurance Fund (“FUND”), a joint insurance fund of the State of New Jersey, Stillwater Township (“MEMBER”) and George Morville (“CONSULTANT”) through a fair and open process, pursuant to N.J.S.A.20:44A-20.4.

WHEREAS, the CONSULTANT has offered to the MEMBER professional risk management consulting services as required by the Bylaws of the FUND; and

WHEREAS, the CONSULTANT has advised the FUND that he/she is familiar with the terms, conditions and operations of the FUND; and

WHEREAS, the MEMBER desires these professional services from the CONSULTANT; and

WHEREAS, the MEMBER has complied with relevant law in regard to the appointment of a Risk Management Consultant; and

WHEREAS, the Bylaws of the FUND require that members engage a CONSULTANT and that the CONSULTANT comply with certain requirements set forth therein.

NOW, THEREFORE, the parties in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. For and in consideration of the amount stated hereinafter, the CONSULTANT shall:
   1. assist in evaluating the MEMBER’S exposures and advise on matters relating to the Member’s operation and coverage.
   2. explain to the MEMBER, or its representatives, the various coverages available from the FUND.
   3. explain to the MEMBER, or its representatives, the terms of the member’s commitment and obligations to the FUND.
   4. explain to the MEMBER, or its representatives the operation of the FUND.
   5. prepare applications, statements of values, etc., on behalf of the MEMBER, if required by the FUND.
   6. review the MEMBER’S assessment and assist in the preparation of the MEMBER’S insurance budget.
   7. review losses and engineering reports and provide assistance to the MEMBER’S safety committee, if required.
   8. assist in the claims settlement process, if required, by MEMBER or FUND.
   9. attend the majority of meetings of the Fund Commissioners or Executive Committee, if requested, and perform such other services as required by the MEMBER or the FUND.
   10. comply with the obligations imposed upon Risk Managers in the FUND’s Bylaws.
   11. act in good faith and fair dealing to the FUND.
   12. perform other duties for the FUND as may be required from time to time by the FUND.

2. In exchange for the above services, the CONSULTANT shall be compensated in the following manner:

• • 1. The CONSULTANT shall be paid by the FUND, on behalf of the MEMBER, a fee as compensation for services rendered. Said fee, an apportionment of the MEMBER’s assessment: 6% of workers’ compensation (excluding any fees, PLIGA, and loss ratio apportionment); 7.5% of all lines assessment (excluding any fees, PLIGA, and loss ratio apportionment); and 10% of Selective umbrella assessment (excluding fees, PLIGA and administrative expenses).
    2. The CONSULTANT shall be entitled to compensation for services provided during any calendar year only if the CONSULTANT has been appointed and holds the position of Risk Management Consultant, as of January 31 of the said calendar year for counties and municipalities holding general elections and July 30 for municipalities holding regular elections.

 

• • 1. For any insurance coverages authorized by the MEMBER to be placed outside the FUND, the CONSULTANT shall receive as compensation the normal brokerage commissions paid by the insurance company. The premiums for said policies shall not be added to the FUND’s assessment in computing the fee set forth in 2(a).
    2. If the MEMBER shall require of the CONSULTANT extra services other than those outlined above, the CONSULTANT shall be paid by the MEMBER a fee at a rate to be negotiated by the parties.

1. The term of this Agreement shall be from January 1, 2023 to January 1, 2024. However, this Agreement may be terminated by either party at any time by mailing to the other thirty (30) days written notice, certified mail return receipt.
2. The CONSULTANT shall comply with all laws applicable to producers who provide insurance products to public entities and shall comply with all applicable statutes and regulations relating to joint insurance funds.
3. The CONSULTANT agrees to comply with all affirmative action laws applicable in accordance with Exhibit A and to submit all necessary documentation establishing compliance within seven (7) days of this Agreement.

A motion was made by Mrs. Rumsey to adopt Resolution 2022-166, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes.

RESOLUTION 2022-167 Statewide Insurance Fund – Appointing Fund Commissioner

WHEREAS, Stillwater Township (hereinafter “Local Unit”) is a member of the Statewide Insurance Fund (hereinafter “Fund”), a joint insurance fund as defined in N.J.S.A. 40A:10-36 et seq.; and

WHEREAS, the Fund’s Bylaws require participating members to appoint a Fund Commissioner;

NOW, THEREFORE, BE IT RESOLVED by the governing body of the that Lynda Knott is hereby appointed as the Fund Commissioner for the Local Unit for the year 2023; and

BE IT FURTHER RESOLVED that Beth Martin is hereby appointed as the Alternate Fund Commissioner for the Local Unit for the year 2023; and

BE IT FURTHER RESOLVED that the Local Unit’s Fund Commissioner is authorized and directed to execute all such documents as required by the Fund.

A motion was made by Mrs. Rumsey to adopt Resolution 2022-167, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes.

RESOLUTION 2022-168 Authorizing the Appointment of Kyle Kavanagh as On-Call DPW Laborer

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater appoint of Kyle Kavanagh as an On-Call DPW Laborer pursuant to the Collective Bargaining Agreement’s Laborer I starting rate. Mr. Kavanagh’s employment start date will be November 2, 2022.

BE IT FURTHER RESOLVED that this appointment was made at a meeting of the Township Committee on Tuesday, November 1, 2022.

A motion was made by Mr. Fisher to adopt Resolution 2022-168, seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes

RESOLUTION 2022-169 Appointment of Part-Time Tax Collector

The Township Committee will adopt this resolution after the conclusion of executive session later in the meeting.

RESOLTUION 2022-170 AUTHORIZING A SHARED SERVICES AGREEMENT WITH THE BOROUGH OF ANDOVER FOR THE SERVICES OF A QUALIFIED PURCHASING AGENT

WHEREAS, the Township of Stillwater and the Borough of Andover have agreed to enter into a Shared Services Agreement by which the Township of Stillwater shall provide Qualified Purchasing Agent services to the Borough of Andover pursuant to N.J.S.A. 40A:65-1 et seq., and

WHEREAS, the Township of Stillwater and the Borough of Andover agree to enter into the attached Shared Services Agreement;

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

1. The Shared Services Agreement between the Township of Stillwater and the Borough of Andover is approved pursuant to N.J.S.A. 40A:65-1 et seq. The terms and conditions of the Agreement (Exhibit “A”) are made a part of this Resolution.

2. The Mayor and Township Clerk are authorized to sign the Agreement on behalf of the Township.

3. This Resolution shall take effect immediately, however, it shall be void and of no effect in the event that the Borough of Andover fails or refuses to adopt a similar resolution and/or execute the Shared Services Agreement.

4. A copy of this Agreement shall be filed, for informational purposes, with the Division of Local Government Services in the Department of Community Affairs pursuant to N.J.S.A. 40A:65-4.

A motion was made by Mrs. Rumsey to adopt Resolution 2022-170, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes

RESOLUTION 2022-171 AUTHORIZING THE IN REM TAX FORECLOSURE ON THE PROPERTIES SET FORTH ON THE TOWNSHIP OF STILLWATER TAX FORECLOSURE LIST (2022)

WHEREAS, the Township Committee instructed the Township Attorney and Township Tax Collector to move forward with the tax sale certificate foreclosure process based on the numerous outstanding tax sale certificates owned by the Township; and

WHEREAS, the Township Committee has reviewed the resulting Township of Stillwater Tax Foreclosure List (2022), Township of Stillwater Last Transferee List (2022) and Certification of the Tax Collector attached hereto.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater that the Tax Sale Certificates as identified on the Township of Stillwater Tax Foreclosure List (2022) and Township of Stillwater Last Transferee List (2022), prepared by the Township Attorney with the assistance and under the supervision of the Tax Collector, be foreclosed IN REM pursuant to the In Rem Tax Foreclosure Act, N.J.S.A. 54:5-104.29 et seq., as amended, and pursuant to the Rules of Civil Practice of the Superior Court of New Jersey.

A motion was made by Mr. Fisher to adopt Resolution 2022-171, seconded by Mr. Barta Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes

DISCUSSION ITEMS:

Best Practices Worksheet:

The Township Committee reviewed and discussed the Best Practices Worksheet.

Planning/Zoning Secretary:

The Township Committee instructed the Clerk to advertise for the positions of Secretary for both the Planning and the Zoning Boards.

Christmas Party 12/14/22:

The Township Committee agreed to the date for the employees Christmas Party to be held on December 14, 2022 at the Town Hall at noon.

Insurance Requirements for Businesses and Rental Units:

Mr. Vex discussed the new liability insurance requirements for businesses and rental units the State has imposed and the regulations directing the municipalities to enforce their businesses and landlords have the insurance.

The Township Committee said they wished to wait until some of the larger municipalities tackle their procedures and ordinances and hopefully Stillwater could model their response from theirs.

Township Committee Budget Worksheet for 2023:

The Township Committee briefly discussed their department’s budget request for 2023 prior to submitting it to the CFO. The budget requests will be discussed at the budget workshops.

RFP/Shared Services:

Ms. Chammings discussed a share service for ACO (Animal Control Officer) through Newton. Newton is looking to add a few more shared services and wanted to see if the committee was amenable to have a discussion with Newton. The cost for the shared service is based on the amount of calls from the last year. The Township Committee will discuss at the next meeting.

OPEN PUBLIC SESSION:

Kathy Draghi, thanked the Mayor for allowing a second open session. Mayor Scott explained it was he who imitated two public sessions because in the past there really was only one at the end of the meeting.

Kathy Draghi read into the record, from the STTA October 2022 – Final Newsletter, a statement from editor Ed Szabo “Did you know that in the 3/15/22 Township Meeting, Heidi Mountford who serves on the Board of Adjustment, made a stunning announcement on tax collection? Well, she did some homework and discovered that 16 home-owners in Stillwater owed $1,041,390 in back taxes averaging 12 years. It hit the fan and Township Attorney Howard Vex has led the charge imposing fines and collecting the money.”

Steven Sugar, 999A Stillwater Road, expressed his concerns for the changing of the driving age for the township vehicles. The Committee informed Mr. Sugar that they do not have to change the driving age, but if there is a candidate that is experienced and qualified that it could be waived for that candidate. The clerk let Mr. Sugar know that the township attorney, Mr. Howard Vex, would have the amendment to the ordinance for the next meeting.

ATTORNEY’S REPORT:

Mr. Vex said he has nothing further to report.

Seeing no additional public business, the Township Committee voted to resume executive session with a unanimous voice vote at 8:54 p.m.

At 9:20 p.m. public session resumed.

RESOLUTION 2022-169 Appointment of Terry Beshada as Part-Time Tax Collector

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater they do hereby concur with the appointment of Terry Beshada as Part-Time Tax Collector effective Wednesday, November 2, 2022 at an annual salary of $25,000.00

A motion was made by Mr. Fisher to adopt Resolution 2022-169, seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes

A discussion was held about changing from PTD to Planet Networks (Microsoft 365) was held. Ms. Chammings made a Motion to change to Planet Networks for $330 per month, seconded by Mr. Fisher Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes

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

Respectfully submitted,

Lynda Knott, RMC