STILLWATER TOWNSHIP COMMITTEE
Tuesday October 18, 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 7:00 p.m., and resume public session unanimously carried by voice vote.
The flag was saluted.
DISCUSSION: Jennifer Taylor – Noise Ordinance
Ms. Jennifer Taylor who resides at 965 Stillwater Road and her landlord, Mr. Muller, were in attendance to voice their complaints about a neighbor’s party and their perceived violation to the noise ordinance. Ms. Deb D ‘Anne, 902 Middleville Road, who owns the property owner the party was held was also in attendance to share her facts of the event and her neighbor’s complaint. The Township Committee listened to both sides and said they hoped neighbors could work out their differences. The Township Committee also stated they are going to be taking a look at the current noise ordinance and make any necessary changes to make the ordinance current and clear.
DISCUSSION: Mountain Shadows Lake Association – Barbara Perretti, Trustee
Mrs. Barbara Perretti, 1526 W 4th Street, Brooklyn NY, Vice President of Mountain Shadows Lake Association (MSLA), voiced her complaint about site #193 which she believes has built a permanent gazebo against the Association’s Bylaws. Mrs. Perretti feels site owners of the Association are not following the by-laws for building permits and township personnel are allowing non-conforming structures to be built. Henny Abdalla, MSLA Handyman, stated all permits have to come through their board and be approved before coming to the Township for approval and inspection. The Township Committee stated that the Board of MSLA were the ones who are in charge of policing their residents. They must make sure they review the projects being proposed are designed according to their bi-laws. Mrs. Rumsey asked Mrs. Perretti to put together a list of all their perceived violations and give the list to the township committee and zoning officer. Mayor Scott also asked Henny who lives at Mountain Shadows full time. Henny was not sure but guessed 8 persons live their full time (against the campground’s and township’s regulations). Mrs. Rumsey said the Mountain Shadows Board should give Henny a written job description so he knows what duties he is responsible for. Mayor Scott also said no one polices the mandatory sign in for all owners and guests at the campground for the off season. Mayor Scott noted communication between the campground and the township must work both ways and thanked Mrs. Perretti for her time and bringing their concerns for discussion.
MINUTES: October 4, 2022 Regular Meeting 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: October 4, 2022 Executive Meeting Minutes
A motion was made by Mrs. Rumsey to adopt the minutes as presented, seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, abstain, Mayor Scott, yes.
BILLS LIST #16: $102,559.21
RESOLUTION 2022-160 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 October 18, 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 2022-160, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, yes, Mayor Scott, yes.
REPORTS: Tax Collector Receipts Report – September 2022
Community Center Receipt Report – September 2022
OPRA Report – September 2022
Liquor License Renewal Report – September 2022
Recreation Minutes – September 2022
Sussex County Board of Health Report – September 2022
Recreation Fees Reports – September 2022
Vacant/Abandon Properties Report – September 2022
Certified Copies Report – September 2022
Registrar Reports – September 2022
Stillwater Board of Health Report – September 2022
Dog License Report – September 2022
ACO Report July-September 2022
Building Department Report – September 2022
DPW Report – September 2022
Fire Department Report – YTD
Convenience Center Report – August 2022
A motion was made by Mrs. Rumsey to accept the Reports as presented, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Fisher, yes, Ms. Chammings, yes, Mayor Scott, yes.
AMENDMENTS TO AGENDA:
There were no amendments.
OPEN PUBLIC SESSION:
Mayor Scott opened the floor to the public to speak. Noting there was no one that wished to speak, this portion of the meeting was closed.
Township’s Tax Lien Update: Mr. Howard Vex stated that they are moving forward with twenty-three foreclosures and read the list into the record:
|Sch. No.||Tax Sale Cert. No.||Name of Owner as it Appears in the Last Tax Duplicate||Description of Property as it appears in Last Tax Duplicate and
Tax Sale Certificate
|Date of Tax Sale||Amount of Tax Sale||Amount of Tax Liens Accruing Following Tax Sale
(Including Interest thru 11/15/22)
|Amount to Redeem
(Including Attorney’s Fees, Title Search and other permitted costs)
|Date of Recording of Tax Sale Certificate||Book and Page, Sussex County Clerk’s Office Records|
M & F
|CARLSON, EUGENE A||Block 203, Lot 38||10/20/2010||$712.46||$23,124.01||$23,724.01||09/01/2011||Book 8906
|3||2010-017||RICHARDSON, AL EST OF C/O RINKLE K||Block 401
|4||No. 0086||MC GUIRE,
D C/O P CONCANNON
|10/21/2009||$1,313.87||$35,045.46||$35,645.46||01/27/2010||Book 8702 Page 222|
|5||2012-01||POLEBRIDGE REAL ESTATE, LLC||Block 603
|7||2013-05||RADCLIFFE, JOHN L||Block 1502
|12/16/2013||$1,990.95||$28,157.79||$28,757.79||01/24/2014||Book 9209 Page 709|
|MASTRELLI, SALVATORE SR||Block 1601
|MASTRELLI, SALVATORE JR & BETTY||Block 1601 Lot 3||10/21/2009||$145.00||$3,614.79||$4,214.79||01/27/2010||Book 8702
JOHN L & KARI A
|Block 2703 Lot 1.01||12/29/2011||$1,654.21||$39,820.23||$40,420.23||01/25/2012||Book 8954
|11||No. 0076||SEVENTH TRY, LLC||Block 3305, Lot 1.01||10/8/2008||$9,283.26||$112,199.63||$112,999.63||01/09/2009||Book 8550 Page 35|
|SEVENTH TRY, LLC||Block 3305 Lot 1.03||10/8/2008||$1,646.46||$28,112.00||$28,912.00||01/09/2009||Book8550 Page 37|
|13||2010-025||CEPONIS, MICHAEL||Block 3401
|12/29/2011||$1,110.68||$26,967.19||$27,567.19||01/25/2012||Book 8954 Page 577|
|BASQUE FARMLANDS CORP||Block 3501 Lot 2.03||10/8/2008||$642.45||$46,444.89||$47,244.89||01/09/2009||Book 8550
|15||2010-027||GOLDEN, MICHAEL||Block 4103 Lot 8||12/29/2011||$638.08||$25,940.17||$26,540.17||01/25/2012||Book 8954 Page 581|
|16||2013-06||COVIELLO, KATHERINE & WITWOSKY, A||Block 4209 Lot 13||12/16/2013||$303.27||$25,523.12||$26,123.12||01/24/2014||Book 9209 Page 707|
|17||2017-001||LA CORTE, MICHAEL||Block 203
|11/20/2017||$35.81||$863.33||$1,463.33||01/03/2018||Book 9565 Page 386|
|SEEGERT, NANCY, ET AL||Block 305 Lot 10||10/3/2007||$121.59||$5,628.72||$6,228.72||07/07/2008||Book 8494
JAMES R JR
|11/28/2016||$172.26||$1,719.53||$2,319.53||01/03/2017||Book 9461 Page799|
|20||2010-018||BRONCATELLO, JOSEPH & ROSE||Block 501 Lot 13||12/29/2011||$97.39||$2,899.63||$3,499.63||01/25/2012||Book 8954 Page 563|
FLORENCE R REV TRUST
|22||2017-010||STAUBER, RICHARD & MARY||Block 2401 Lot 28||11/20/2017||$489.33||$4,671.58||$5,271.58||01/03/2018||Book 9565
Mr. Vex stated there are three properties are in the process of signing quit claim deeds back to the township.
ORDINANCE 2022-21 An Ordinance Clarifying the Residency Requirements for Candidates for Election to the Township Committee and for Persons who Serve on the Township Committee, and for Persons who Serve on Appointed Positions with the Township’s Various Boards and Commissions – Public Hearing and Adoption
WHEREAS, the Township Code of the Township of Stillwater includes residency requirements for the Township Committee and certain employees of the Township; and
WHEREAS, the Governing Body of the Township of Stillwater has determined that the residency requirements for candidates for Township Committee and for elected Members serving on the Township Committee should be clarified in the Township Code; and
WHEREAS, the Governing Body of the Township of Stillwater has determined that the residency requirements should also be clarified in the Township Code to include persons who are appointed to serve in unpaid positions on the Township’s various Boards and Commissions.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Stillwater as follows:
Chapter 1O, Article II of the Township Code of the Township of Stillwater shall be amended to by changing its Title from “Elective Officers” to “Elected/Appointed Members of the Township Committee and Unpaid Appointees to Township Boards and Commissions.
Chapter 1O, Article II of the Township Code of the Township of Stillwater shall be further amended add the following additional provisions:
Pursuant to N.J.S.A. 40A:9-1.11 and as otherwise permitted by law, the following definitions shall be applicable to the residency requirements established herein:
A. “Resident” means a person having, within the territorial limits of the Township of Stillwater, a place of abode, which has not been adopted for any mere special or temporary purpose, but serves as their ordinary and permanent domicile.
B. “Candidate” means any person who shall file, or cause to have filed, a petition of nomination for election, or for re-election, to the Township Committee of the Township of Stillwater.
C. “Elected or Appointed Member of the Township Committee” means any person elected by the general public, or appointed as otherwise permitted by law, to serve a term of office on the Township Committee of the Township of Stillwater.
D. “Appointed Member of a Township of Stillwater Board or Commission” means any person duly appointed to serve a term of office as an unpaid appointed member on the various Township Boards and Commissions as may be established by the Township Committee.
10-__ Residency Requirement
A. Pursuant to N.J.S.A. 40A:9-1.11 and as otherwise permitted by law, no person shall be a candidate for or serve as an Elected or Appointed Member of the Township Committee unless they are a resident of the Township of Stillwater. If any person nominated for, or holding, a seat on the Township Committee shall cease to be a resident of the Township of Stillwater, the nomination or office, as the case may be, shall be deemed vacant and shall be filled in the manner prescribed by law.
B. As permitted by law, no person shall serve as an Appointed Member of a Township of Stillwater Board or Commission unless they are a resident of the Township of Stillwater unless expressly permitted by law. If any person appointed to such a Board or Commission shall cease to be a resident of the Township of Stillwater, their seat shall be deemed vacant and shall be filled in the manner prescribed by law.
10__ Failure to maintain residency; investigation; notice of hearing; failure to appear.
A. Failure of any Candidate for or Elected or Appointed Member of the Township Committee or failure of any Appointed Member of a Township of Stillwater Board or Commission to maintain residency in the Township of Stillwater, when required to do so under the terms of this Chapter, shall be cause for immediate removal from their office.
B. The Township Committee of the Township of Stillwater, or a duly appointed agent thereof, are hereby authorized to investigate into the residency of any Candidate for or Elected or Appointed Member of the Township Committee or any Appointed Member of a Township of Stillwater Board or Commission and to require any such person to produce proof of bona fide residence. The standards as set forth in N.J.A.C. 4A:4-2.11 shall be used to make the determination of residency and are as follows:
1. Whether the location where that person claims be a resident is owned or rented by the person or their immediate family;
2. Whether time actually spent in the claimed residence exceeds that of other locations;
3. Whether the relationship among those persons living in the claimed residence is closer than those with whom the individual lives elsewhere. If an individual claims a parent’s residence because of separation from his or her spouse or domestic partner, a court order or other evidence of separation may be requested;
4. Whether the residence recorded on a driver’s license, motor vehicle registration, or voter registration card and other documents is the same as the claimed legal residence. Post office box numbers shall not be acceptable; and
5. Whether the school district attended by child(ren) living with the person is the same as the claimed residence.
C. The Township Committee is tasked with enforcement of this Chapter. Any person accused of violating the residency requirement established herein shall be given written notice from the Township Committee setting forth the charge that they are not a bona fide resident of the Township of Stillwater. The notice shall also set forth the time and place of hearing to be conducted by the Township Committee, but in no case shall that hearing be less than ten days from the provision of the notice upon the accused. At the hearing, the Township Committee or its designee shall present the witnesses and evidence they have obtained related to the lack of residency of the accused. The accused or their designee shall be permitted to present his or her own witnesses and evidence related to residency.
D. Failure to appear at the time and place of the hearing set forth in the notice from the Township Committee or to comply with the residence requirements shall be sufficient cause for removal from service.
E. The Township Committee is hereby authorized, in extraordinary circumstances only and upon written application of the person accused of violating the residency requirement, to extend the time for compliance with the residency requirement for a period up to but not exceeding six months. In considering whether there exists extraordinary circumstances for an extension of time, the Township Committee shall take into consideration the length of time the applicant had been a nonresident before the notice of violation was given; any objectively verifiable problems related to the sale of a home or in the purchase of a home within the Township of Stillwater that caused the violation; significant and verifiable financial problems concerning existing leases; significant verifiable difficulties in locating suitable living quarters within the Township of Stillwater; other verifiable financial hardships; and such other matters that would clearly create an undue burden on the person’s family if the requested extension is denied.
If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of this Ordinance shall not be affected thereby but shall remain in full force and effect.
All Ordinances or parts of Ordinances inconsistent with or contrary to the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.
This Ordinance shall take effect immediately upon its passage.
Mayor Scott opened up to the public to speak on this ordinance.
Mrs. Arlene Fisher, 1059 Mt Benevolence Road, stated she is very much in favor of this ordinance because it is beneficial to know who is on the committees, spending money for the town, and making decisions for the town. Mrs. Fisher also stated there is no entity that polices the vetting of individuals running for committees.
Committeewoman Rumsey stated that all candidates are vetted.
A motion was made by Mr. Fisher to adopt Ordinance 2022-21, seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, no, Ms. Chammings, no, adding she believes the Township Committee should be vetting the people that are running for committees, Mr. Fisher, yes Mayor Scott, yes.
ORDINANCE 2022-23 An Ordinance of the Township Committee of the Township of Stillwater, County of Sussex, State of New Jersey, Amending Chapter 370, “Traffic,” of the Township Code Public Hearing and Adoption
WHEREAS, it has come to the attention of the Mayor and Committee of the Township of Stillwater that certain commercial trucks are regularly traversing Mount Benevolence Road and Stillwater Road to pass through the Township; and
WHEREAS, Mount Benevolence Road and Stillwater Road were not designed to accommodate heavy, commercial truck traffic; and
WHEREAS, the passing of commercial truck traffic along Mount Benevolence Road and Stillwater Road creates unsafe conditions for the travelling public along those Roads; and
WHEREAS, the Mayor and Committee of the Township of Stillwater wish to amend the Township’s existing Municipal Code, Chapter 370, “Traffic,” to better ensure the safety of the travelling public along Mount Benevolence Road and Stillwater Road; and
WHEREAS, the Township Engineer concurs with the need to amend Chapter 370 of the Township’s Municipal Code.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and Township Committee of the Township of Stillwater, County of Sussex, State of New Jersey, as follows:
SECTION 1. Chapter 370, “Traffic,” is hereby amended as follows:
§ 370-9 Vehicles over designated weight excluded from certain streets.
Vehicles over the registered gross weight are hereby excluded from the streets or parts of streets described except for the pick-up and delivery of materials on such streets.
|Name of Street||Weight (tons)||Location|
|Mount Benevolence Road||10||Entire Length|
|Stillwater Road||10||From Mt. Benevolence Road
To County Road 521
SECTION 2. Severability. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.
SECTION 3. Repealer. All existing ordinances or parts of existing ordinances which are inconsistent with the terms of this ordinance are to the extent of such inconsistency repealed.
SECTION 4. Effect. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law.
Mayor Scott opened for the public to speak on this ordinance.
Mr. Steve Sugar, 999A Stillwater Road, thanked the Committee for keeping the weight limit at 10 ton and not raising it to 20 ton.
A motion was made by Mrs. Rumsey to adopt Ordinance 2022-23, seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, no, she feels it should be a higher weight limit, Mr. Fisher, yes, this allows local deliveries to still take place, Mayor Scott, yes.
RESOLUTION 2022-161 Mayor’s Appointment of Brian W. Greik as a Member of the Stillwater Area Volunteer Fire Company with Committee Concurrence
THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater do hereby concur with the Mayor’s appointment of Brian W. Greik. as a Member of the Stillwater Area Volunteer Fire Department.
BE IT FURTHER RESOLVED that this appointment was made at a meeting of the Township Committee on Tuesday, October 18, 2022.
A motion was made by Mrs. Rumsey to adopt Resolution 2022-161, seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes.
RESOLUTION 2022-162 Authorizing Refund of Payroll Deductions – Gardner
WHEREAS, the Chief Financial Officer has certified that the following employee had Pension, Contributory Insurance, Union Dues and Deferred Compensation deductions withheld from his pay dated October 7, 2022; and
WHEREAS, the following amounts were withheld:
Contributory Insurance $9.90
Union Dues $17.00
Deferred Compensation $20.00
WHEREAS, none of these deductions should not have been withheld;
NOW THEREFORE, BE IT RESOLVED, by the Township Committee of Stillwater Township that a refund be issued in the amount of $195.36.
Name & Address Funding Amount
Jeffrey Gardner Salary Acct $195.36
921 Millbrook Road
Newton, NJ 07860
A motion was made by Mrs. Rumsey to adopt Resolution 2022-162, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes Mayor Scott, yes
RESOLUTION 2022-163 Authorizing the Appointment of Paul Hawkins as Temporary Provisional DPW Assistant Supervisor
THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater appoint of Paul Hawkins as a Temporary Provisional Assistant DPW Supervisor pursuant to the Collective Bargaining Agreement at a salary of $25.44 per hour. Mr. Hawkins’ designation is effective October 17, 2022.
BE IT FURTHER RESOLVED that this appointment was made at a meeting of the Township Committee on Tuesday, October 18, 2022.
A motion was made by Mr. Fisher to adopt Resolution 2022-163, seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes, Mayor Scott, yes.
RESOLUTION 2022-164 Accepting Additional Revenue from the Municipal Alliance for the Period of July 1, 2022 through March 30, 2023 in the Amount of $747.00
WHEREAS, the Board of County Commissioners approved funding from the Allocation of DMHAS Youth Leadership Grant for the Provision of Substance Abuse Prevention Programs for the period of July 1, 2022 through March 30, 2023 for Stillwater Township in the amount of $747.00, and;
WHEREAS, the additional funding of $747 will be received as revenue for the 2023 budget for Stillwater Township, and;
NOW, THEREFORE BE IT RESOLVED, that the Township Committee of the Township of Stillwater does here by accept the additional funding in the amount of $747.00
Municipal Alliance on Alcoholism and Drug Abuse $747.00
A motion was made by Mr. Barta to adopt Resolution 2022-164, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Ms. Chammings, yes, Mr. Fisher, yes, Mayor Scott, yes.
Equalized Valuation in Stillwater Township:
The Clerk said the Tax Assessor wanted to inform you the State of New Jersey has begun to contact governing bodies of those municipalities that had an increase in equalized valuations of 10% or more from last year. Equalized valuation is an important factor in the apportionment of regional school district costs and the allocation of State School Aid. The Tax Assessor notes 16 municipalities in Sussex County received notification. There is nothing for the township to do at this time.
Sussex County Municipal Court Regionalization:
Ms. Chammings discussed a presentation that was presented at the Sussex County League of Municipalities meeting on the potential of a Regionalization of Sussex County Municipal Courts.
Mayor Scott noted that Ms. Chammings’ appointment ends on 12/31/22 and was curious if there was possibly any one else that would be interested in the position.
The Township Committee directed the Clerk to speak with Mr. Morville regarding changing the driver age on insurance to nineteen (19) years old.
Budget Date December 20, 2022 at 6pm:
The CFO offered the first budget meeting to be December 20, 2022 at 6pm. The clerk noted no one was attending the League of Municipalities Convention this year and suggested the second meeting of the month move to November 15, 2022 instead of the 22nd which is Thanksgiving week. All were in favor.
OPEN PUBLIC SESSION:
Mrs. Marcia Bradley, CERT Coordinator for Stillwater Township showed off the new CERT/MRC jackets all of the members of CERT/MRC received. She thanked the Township Committee for all of their support.
Seeing no one else who wished to speak this portion of the meeting was closed.
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 9:18 p.m.
At 10:25 p.m. public session resumed. There being no further business, Ms. Chammings made a motion to adjourn the meeting at 10:27 p.m., seconded by Mrs. Rumsey. In a voice vote, all were in favor.
Lynda Knott, RMC
Stillwater Township offers residents a Recycling and Convenience Center for household trash and recycling.
Residents are able to view property tax information and make payments through the online system. You may find a property by entering the property’s location or block, lot and qualifier.
Stillwater Township posts all information about bids and proposals for township projects on a dedicated page.