November 17, 2020 Regular Meeting

STILLWATER TOWNSHIP COMMITTEE MEETING

November 17, 2020 – 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. 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. PRESENT: Committeewoman Rumsey, Committeeman Morrison, Deputy Mayor Scott, Committeeman Fisher and Mayor Chammings, Municipal Clerk Lynda Knott, Attorney Angelo Bolcato ABSENT: NONE

EXECUTIVE SESSION: 6:33 p.m.

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mrs. Rumsey, seconded by Mr. Scott and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 06:36 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 and Attorney Client/Contract

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 Mrs. Rumsey to conclude the Executive Session at 6:59 p.m., unanimously carried by roll call vote.

Roll Call was taken and the flag was saluted.

LAND SALES:

Mr. Bolcato began the auction with a property located on Block 903 Lot 13, a 5.21-acre parcel with a minimum bid of $27,500.00. There were no bidders for the property.

The next property is Block 2601 Lot 8, a 3.65-acre property on Old School House Road with a minimum bid of $30,000.00. There were no bidders for this property. Mrs. Hulda Fisher asked the Township Committee if they were willing to start the bidding on this property at $15,000.00. The Township Committee said they would be amenable to that starting price but the ordinance would have to be revised, the sale re-advertised and a new sale date set early in 2021.

Block 602 Lot 2 a 100 x 225 property located at 1020 mt. Benevolence Road had a minimum bid price of $250.00. Michael and Linda Batwinas adjoining property owners bid the $250 and it was a successful bid.

Mayor Chammings asked Mr. Bolcato when the 10% of the purchase price was due. Mr. Bolcato said it would be either tonight or tomorrow.

The next four properties to be auctioned are undersized lots to be sold to adjoining property owners only.

The first property auctioned was Block 1801 Lot 28.01, a 2.6-acre parcel with a minimum bid of $500.00. Ms. Dawn Tighe bid $500.00 and it is a successful bid.

The next auctioned parcel was Block 416 Lot 27 a 300 x 150 property located on Lower Lake East with a minimum bid of $250. Adjoining property owner Mr. Blake Morris bid $250 and it was a successful bid.

The next property auctioned was Block 409 Lot 4 a 150 x 100 parcel located on Lower Lake West with a minimum bid of $250. Adjoining property owner Robert Taylor is interested in the property but was concerned with a clause in the ordinance that did not allow for improvement on property after it is merged into his existing lot. Mr. Taylor is also interested in the final property for auction as well but the same concern exists. Mr. Bolcato confirmed the parcels could not be improved. Mayor Chammings, Mr. Morrison and the Township Committee did not intend to disallow any improvements once the properties were merged. Mr. Bolcato said the ordinance would have to be revised in order for improvements to be allowed. The Township Committee agreed to have the ordinance revised and the new auction will be held in early 2021.

Mr. Eric Heilberg who is interested in purchasing Block 602 Lot 2 asked the Township Committee would consider lowering the minimum bid on that parcel from $27,500.00 to $12,000.00. The Township Committee said they would do so and that parcel will be included in the early 2021 sale.

MINUTES:

Executive Minutes from October 6, 2020: A motion was made by Mr. Scott to adopt the executive minutes from October 6, 2020, seconded by Mrs. Rumsey Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, Mr. Scott, Mr. Fisher, yes Mayor Chammings, yes.

Executive Meeting Minutes from October 20, 2020 were tabled until the December 1, 2020 meeting.

November 10, 2020 Regular Meeting Minutes and Executive Meeting Minutes: A motion was made by Mrs. Rumsey to adopt the Minutes, seconded by Mr. Morrison. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, abstained, Mr. Fisher, abstained Mayor Chammings, yes.

REPORTS: Building Department Report of October 2020
Registrar’s Reports of October 2020
Animal Control Officer Report July – September 2020
DPW Report for October 2020
Zoning Officer Report of October 2020

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

Mr. Scott asked about the Tax Assessor report. Mayor Chammings said the Township Committee will be receiving a yearly report from the Tax Assessor. Mr. Morrison said the matter needs further discussion.

BILLS LIST

#18: $ 20.176.71

RESOLUTION 2020-144 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 17, 2020 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 Mr. Scott to adopt Resolution 2020-144, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

COMMITTEE REPORTS:

Mr. Scott said the DPW were called out for some downed trees after the storm.

Mr. Scott reported the Planning Board is meeting tomorrow November 18, 2020.

Mr. Fisher said he and DPW Supervisor Josh Raff walked the old access road. A hunter spoke with them and said it is now private property. Mr. Fisher suggested the township have a survey prepared to prove there is still a right-of-way. Mr. Morrison agreed saying the township should be willing to pay for a survey and research deeds to make sure a secondary means of egress is established for those residents. Mayor Chammings added she added this proposed egress to the SC mitigation plan to see if there is any funding to help the township re-establish the access road. The Clerk will get quotes from surveyors for the township committee to review.

Mrs. Rumsey reported she attended the Stillwater Board of Education meeting via zoom on November 16, 2020. Mrs. Rumsey said the Board of Education is potentially going into code orange and going fully remote but is awaiting guidance from the Governor.

Mrs. Rumsey reported the bathrooms at the community center are being remodeled and one is near completion.

Mrs. Rumsey invited Chief Steven Sugar to give his report for fire and EMS. Chief Sugar reported the fire department answered 158 calls year-to-date and the EMS 289 calls year-to-date. Chief Sugar also noted the fire department had to cancel two fundraisers because of the limits on gatherings established by the governor.

Mayor Chammings reported there is an uptick in positive tests for COVID in Sussex County and feels the county will be moving into code orange soon. When that happens schools will be all remote. Mayor Chammings noted Kittatinny Regional High School is already working remotely (students remote and teachers in school) because of their positive cases.

Mayor Chammings said she is working on the Sussex County Mitigation Plan update and turned in a rough worksheet and is waiting for feedback.

Mayor Chammings also reported the Zoning Board of Adjustment will meet on November 28, 2020.

AMENDMENTS TO AGENDA: Resolution 2020-148 and vacation carry over vacation

OPEN PUBLIC SESSION:

Seeing no one from the public wished to speak so this portion of the meeting was closed.

DISCUSSION ITEMS:

North Shore House, LLC – NJDEP Treatment Works Approval:

Resolution 2020-148 Resolution Authorizing the NJDEP Treatment Works Approval (“TWA”) Permit Application for the North Shore House, L.L.C.”

WHEREAS, North Shore House, L.L.C. is applying for a Treatment Works Approval (“TWA”) Permit to the New Jersey Department of Environmental Protection for work at the North Shore House, L.L.C., (“North Shore House”) located at 912 Swartswood Road, block 3601, Lot 16 in Stillwater, including construction of a septic system; and

WHEREAS, Per N.J.A.C. 7:14A-22.8, the Stillwater Township Committee is required to consent to the submission of the TWA Application to the NJDEP; and

WHEREAS, Allen J. Campbell P.E., of Robert L. Campbell Associates, Inc., has prepared the TWA Application and the Township Engineer has reviewed the plans and relevant document and has determined that the project as is in conformance with the requirements of municipal ordinances; and

WHEREAS, a resolution of approval is required for the Township Committee to certify authority to submit the TWA Application to the NJDEP.

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Stillwater that it consents to North Shore House, L.L.C.’s submission of the NJDEP TWA Application, at North Shore House. L.L.C.’s sole cost and expense. North Shore House, L.L.C. also is solely responsible for all fees, costs and expenses for its septic system project. The Township of Stillwater shall have no financial obligation for North Shore House’s project. The Mayor and Municipal Clerk are authorized to sign the municipal consent portion of the Application on behalf of the Township of Stillwater.

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.

A motion was made by Mrs. Rumsey to adopt Resolution 2020-148 seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes

Veterans Property Tax Deduction

Resolution 2020-145 AUTHORIZING REFUND OF TAX OVERPAYMENT FOR 100% DISABLED VETERAN

WHEREAS, there appears on the tax records of STILLWATER Township certain resident who Qualify for tax exemptions, and

WHEREAS, said exemptions were created when the taxpayer applied for Veteran Status, – Total Disability

WHEREAS, the Collector of Taxes recommends the adjustment of such taxes be made.

NOW, THEREFORE, BE IT RESOLVED, that the proper officers be and they are hereby authorized and directed to cancel the FIRST QUARTER OF 2020 due to fact that the taxpayer is qualified under the veteran disability act. This exemption has also created a refund for the year of 2020 and recommends such refund to be made.

DISABLED VETERAN

BLOCK LOT NAME YR AMOUNT

2601 2 (3A LaBarbera 20 11,796.28
parcel only)

A motion was made by Mr. Scott to adopt Resolution 2020-145, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

Resolution 2020-146 Authorizing the Issuance of Raffle License RA-20-04

WHEREAS the following Raffle Applications with required fees have been submitted for Township Committee approval;

Raffle # Applicant Date Type of Game

RA-04 Exempt Fireman’s Association of Stillwater 12/13/20 Raffle

WHEREAS said Raffle Applications have been provided to the Township Committee and New Jersey State Police for their review;

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

1. The appropriate officials are hereby authorized to execute the findings and determination for the above application and shall forward same to the Legalized Games of Chance Control Commission (LGCCC) for review.
2. That the above license shall be issued pending LGCCC approval, pursuant to N.J.A.C. 13.1 et seq.

A motion was made by Mr. Scott to adopt Resolution 2020-146, seconded by Mr. Morrison. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, abstain, Mr. Fisher, yes Mayor Chammings, yes.

Resolution 2020-147 Approving the Disposal of office furniture

WHEREAS, the Township of Stillwater periodically retires office furniture after reaching the end of its useful life and is no longer suitable for use by the Township; and

WHEREAS, the Township has determined that two (2) metal racks that held metal folding chairs have reached the end of their service life and are eligible for disposal in accordance with N.J.S.A. 40A:11-36;

WHEREAS, the Township Committee has determined that it will dispose of the metal racks for its scrap value through George’s Salvage Co., Inc., in Newton, New Jersey.

NOW, THEREFORE, BE IT RESOLVED that the two (2) metal racks are declared to be surplus and no longer needed for Township purposes and are of such a condition that they shall be disposed of for their scrap value; and

BE IT FURTHER RESOLVED that the metal racks shall be disposed of through George’s Salvage in Stillwater; and

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.

A motion was made by Mrs. Rumsey to adopt Resolution 2020-147 seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes

NJCAIR program/Samba Safety/Ambassador Services: The Clerk distributed information on NJCAIR program though the NJDMV and noted this was one way the township could do annual motor vehicle checks on employees and volunteers. The clerk will be providing additional materials from the other vendors and would like to have these programs discussed during the budget discussions for consideration.

Ordinance 2020-09 Enacting a new Section 370-8 “Prohibition of Engine Braking”, to “Traffic” of the Stillwater Township Code. Introduction [Public Hearing and Adoption December 1, 2020]

WHEREAS, the Stillwater Township Committee desires to regulate the use of engine braking within the Township.

NOW, THEREFORE, BE IT ORDAINED by the Stillwater Township Committee, Sussex County, New Jersey, that a new Section 370-8 is adopted, prohibiting engine braking within Stillwater Township, as set forth herein:

SECTION 1. A new Section 370-8, “Prohibition of Engine Breaking” is adopted as follows:

370-8. Prohibition of Engine Braking.

A. Definitions.

Engine-braking shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual or explosive noise from such vehicle.

B. Prohibition.

It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any road within the Township of Stillwater, any mechanical exhaust or decompression device which results in the practice known as engine-braking.

C. Exceptions.

The provisions of this section shall not apply to engine-braking where necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes, otherwise known as engine-braking, which is effectively muffled or if the application is necessary for the health, safety and welfare of the community is exempt from the provisions of this section. Sounds created by emergency equipment for emergency purposes are also exempt.

D. Posting of signs.

The Township is hereby authorized to post at reasonable locations within the Township signs indicating the prohibition of engine-braking.

E. Violations and penalties.

Unless another penalty is expressly provided by New Jersey Statute, any person convicted of a violation of this section shall be punished for a first conviction thereof by a fine of not more than $100 or by imprisonment for a period not to exceed 10 days, or by both such fine and imprisonment; for a second such conviction, such person shall be punished by a fine of not more than $200 or by imprisonment for a period not to exceed 20 days, or by both such fine and imprisonment; and upon the third or any subsequent conviction, such person shall be punished by a fine of not more than $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

SECTION 2 – SEVERABILITY

If any provision of this Ordinance or the application of this Ordinance to any person or circumstances is held invalid, the remainder of this Ordinance shall not be affected and shall remain in full force and effect.

SECTION 3 – REPEALER

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

SECTION 4: EFFECTIVE DATE

This Ordinance shall take effect immediately upon adoption and publication in accordance with law.

A motion was made by Mr. Fisher to adopt Resolution 2020-148 seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes

OPEN PUBLIC SESSION

Mr. Paul Mole asked if pickleball can be included on the tennis court. Mayor Chammings and the Recreation Commission is already looking into that addition.

Mrs. Kathy Draghi, 1019 County Road 619, wished everyone a Happy Thanksgiving.

Seeing no one else from the public wishing to speak this portion of the meeting was closed.

ATTORNEY’S REPORT: Mr. Bolcato said he had no report and wished everyone a safe and happy Thanksgiving.

There being no further business, Mrs. Rumsey made a motion to adjourn the meeting, seconded by Mr. Scott at 8:37 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, Township Clerk