October 2, 2018 Regular Meeting

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STILLWATER TOWNSHIP COMMITTEE MEETING MINUTES

October 2, 2018 – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7 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 and the flag was saluted.

PRESENT: Deputy Mayor Morrison, Committeeman Gross, Committeeman Scott, Mayor Chammings, Municipal Clerk Lynda Knott, Attorney Angelo Bolcato.

ABSENT: Committeeman Fisher

A moment of silence was taken for the victims of the tsunami in Indonesia.

REGULAR SESSION:

RESOLUTIONS:

2018-100 Authorizing the 2019 Municipal Alliance Grant

2018-101 Approval to submit a DOT Grant Application (West End Drive Phase II)

2018-102 Authorizing the renewal of annual campground license – North Shore House (May 1, 2018 through April 30, 2019)

Mr. Scott made a motion to approve the resolutions as listed, seconded by Mr. Gross.

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

BILLS LIST #15: $2,844,146.95

RESOLUTION 2018-103 PAYMENT OF BILLS

Mr. Scott made a motion to adopt Resolution 2018-103, seconded by Mr. Gross.

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

AMENDMENTS TO AGENDA:

Add: Stillwater School request; salt-grit ratio; Five Points Lane survey; marijuana resolution

OPEN PUBLIC SESSION

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 2018-08 (Public Hearing and Adoption):

TOWNSHIP OF STILLWATER,

SUSSEX COUNTY, NEW JERSEY

ORDINANCE 2018- 08

AN ORDINANCE AMENDING CHAPTER 240 OF THE CODE OF THE TOWNSHIP OF STILLWATER (KNOWN AS LAND DEVELOPMENT ARTICLE II § 240-4 “DEFINITIONS”) IN ORDER TO CHANGE THE DEFINITION OF COMMERCIAL RECREATION DISTRICT

WHEREAS, the Stillwater Township Planning Board has reviewed Chapter 240, Article II “Definitions,” §240-4 and has determined that this section should be modified to remove and replace the definition of Commercial Recreation District:

NOW THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of Stillwater that Chapter 240, Article II, “Definitions,” §240-4 Commercial Recreation shall be removed and replaced with the following language:

“Facilities of an active recreation nature such as riding academy, golf course, tennis club or ski area operated for profit and open to the public, and caterers, hotels, and camping facilities.”

Conflicts & Severability. If other ordinances, parts of ordinances or other local requirements are inconsistent or in conflict with this ordinance, are hereby superseded to the extent of any inconsistency or conflicts, and the provisions of this ordinance shall apply.

Continuing Validity. All provisions of this Ordinance not changed in accordance herewith shall remain in force and effect.

This Ordinance shall take effect upon final adoption of publication as may be required by law.

Mr. Scott made a motion to open the meeting for public comment on Ordinance 2018-08, seconded by Mr. Gross. There being no public comment this portion of the meeting was closed.

Mr. Scott made a motion to adopt Ordinance 2018-08, seconded by Mr. Gross.

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

ORDINANCE 2018-10 (Public Hearing and Adoption):

TOWNSHIP OF STILLWATER

ORDINANCE 2018-10

AN ORDINANCE AMENDING CHAPTER 240 OF THE CODE OF THE TOWNSHIP OF STILLWATER (KNOWN AS LAND DEVELOPMENT ARTICLE XI § 240-112 “CR COMMERCIAL RECREATION DISTRICT) IN ORDER TO REDEFINE PERMITTED USES TO INCORPORATE PERMITTED AND ACCESSORY USES TO CONFORM TO HISTORIC USES MADE OF THE PROPERTIES LOCATED IN THE COMMERCIAL RECREATION DISTRICT

WHEREAS, the Stillwater Township Planning Board has reviewed Chapter 240, Article XI (Zoning), “CR Commercial Recreation District,” §240-112 and has determined that this section should be revised to conform to the historic uses made of properties located within the Commercial Recreation District:

NOW THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of Stillwater that Chapter 240, Article XI, “Zoning,” §240-112 shall be amended and supplemented as to Section A. Permitted principal uses to revise Section (4) and to add a new section (6), and Section B. Permitted accessory uses and buildings to revise (1) as follows:

A. Permitted principal uses

(4) Hotels and motels having a minimum of six (6) sleeping units; lodges and nightclubs.

(6) Seasonal camping facilities.

B. Permitted accessory uses and buildings

(1) Restaurants, catering facilities and clubhouses

Conflicts & Severability. If other ordinances, parts of ordinances or other local requirements are inconsistent or in conflict with this ordinance, are hereby superseded to the extent of any inconsistency or conflicts, and the provisions of this ordinance shall apply.

Continuing Validity. All provisions of this Ordinance not changed in accordance herewith shall remain in force and effect.

This Ordinance shall take effect upon final adoption of publication as may be required by law.

Mr. Scott made a motion to open the meeting for public comment on Ordinance 2018-10, seconded by Mr. Morrison. There being no public comment this portion of the meeting was closed.

Mr. Scott made a motion to adopt Ordinance 2018-10, seconded by Mr. Morrison.

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

ORDINANCE 2018-12 (Public Hearing and Adoption):

TOWNSHIP OF STILLWATER,

COUNTY OF SUSSEX

ORDINANCE 2018-12

AN ORDINANCE GRANTING MUNICIPAL CONSENT TO THE ISSUANCE OF A FRANCHISE TO SERVICE ELECTRIC CABLE T.V. OF NEW JERSEY, INC., TO CONSTRUCT, OWN, OPERATE, EXTEND AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWNSHIP OF STILLWATER, COUNTY OF SUSSEX, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF SAID MUNICIPAL CONSENT AND PROVIDING FOR THE REGULATION AND USE OF SAID SYSTEM.

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

SECTION 1. Introductory Provisions/ Purpose of the Ordinance.

The Municipality hereby grants to the company its non-exclusive consent to place in, upon, along, across, above, over and under the public highway, streets, alleys, sidewalks, public ways, and public places in the Municipality, poles, wires, cables, and fixtures necessary for the maintenance and operation in the Municipality of a cable television system and cable communications system. Construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.

SECTION 2. Definitions.

For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Such meaning or definition of terms is supplemental to those definitions given by the Federal Communications Commission (F.C.C.) Rules and Regulations, 47 C.F.R. subsection 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C. section 521 et seq., as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and shall in no way be construed to broaden, alter or conflict with federal or state definitions:

(a) “Municipality” or “Township” is the Township of Stillwater, County of Sussex, State of New Jersey.

(b) “Company” is the grantee of rights under this Ordinance and is known as Service Electric Cable T.V. of New Jersey, Inc.

(c) “Act” or “Cable Television Act” is Chapter 186 of the General Laws of New Jersey, and subsequent amendment thereto, section 48:5A-1 et seq.

SECTION 3. Statement of Findings.

A public hearing concerning the consent herein granted to the Company was held, after proper public notice, on November 21, 2017 pursuant to the terms and conditions of the Act. Said hearing, having been held and fully open to the public, and the Municipality having received all comments regarding the qualifications of the Company to receive this consent, the Municipality hereby finds that the Company possesses the necessary legal, technical, character, financial, and other qualifications, and that the Company’s operating and construction arrangements are adequate and feasible.

SECTION 4. Grant of Municipal Consent.

The Township hereby grants to the Company consent to the issuance of a non-exclusive franchise by the New Jersey Board of Public Utilities to construct, erect, operate, modify and maintain, in, upon, along, across, above, over, and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto, in the Township of Stillwater, such poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the Township of a cable television system and cable communications system for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The rights so granted include the right to use and occupy said highways, streets, alleys, public ways and public places, and all manner of easements for the purposes herein set forth and as provided by federal and state law, and are subject to the terms and conditions herein.

SECTION 5. Duration of Franchise and Extension of Service.

The consent herein granted shall expire on May 14, 2028, ten (10) years from the date of expiration of the current Certificate of Approval as issued by the Board of Public Utilities (BPU). The Company shall be required to proffer service to any persons, residents or businesses in conformance with its Tariff on file with the Office of Cable Television including any policies for line extension and/or non-standard installations.

SECTION 6. Franchise Fee.

Pursuant to the terms and conditions of the Act, the Company shall, during each year of operation under the consent granted herein, pay to the Municipality two percent (2%) of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers to its cable television reception service in the Municipality, or any additional or increased amount permitted by the Cable Television Act or otherwise allowable by law during the term of the Franchise.

SECTION 7. Rates.

In accordance with N.J.S.A. 48:5A-11, the Board of Public Utilities, through the Office of Cable Television, shall, consistent with federal law, prescribe just and reasonable rates, charges and classifications for the services rendered by a cable television provider. The Township acknowledges that under the Act, municipalities do not have the authority to regulate the rates the Company charges subscribers for its services.

Although nothing herein shall require the Company to offer a discount to senior citizens, disabled residents and/or other parties, if the Company does offer such a discount in other franchise areas during the term of the franchise, said discount will likewise be offered to Township residents who qualify.

SECTION 8. Territory.

The consent granted herein to the Company shall apply to the entirety of the Municipality, and any property hereafter annexed.

SECTION 9. Construction Requirements.

Restoration: In the event that the Company or its agents shall disturb any pavement, streets, surfaces, sidewalks, driveways or other surfaces in the natural topography, the Company shall, at its sole expense, restore and replace such places or things so disturbed to as good a condition as existed prior to the commencement of said work.

Relocation: If at any time during the period of this consent, the Municipality shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Municipality, shall remove, re-lay and relocate its equipment, at the expense of the Company.

The Company shall temporarily move or remove appropriate parts of its facilities to allow for the moving of buildings, and machinery, or in other similar circumstances. The expense shall be borne by the party requesting such action, except when required by the Municipality, in which case the Company shall bear the cost.

Removal or Trimming of Trees: During the exercise of its rights and privileges under this franchise, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Municipality, so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company. Such trimming shall be only to the extent necessary to maintain proper clearance for the Company’s facilities. In the event that the Company is notified of an existing tree-related issue or obstruction in the proximity of wires, cables and/or the corresponding pole, the Company will take affirmative steps to notify the appropriate service providers, will work cooperatively with them, and will provide any information necessary to resolve the issue in question.

SECTION 10. Local Office.

During the term of this franchise, and any renewal thereof, the Company shall maintain a local business office in Sussex County for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment, malfunctions, and similar matters. Said local business office shall be open during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m. Monday through Friday, except on holidays. The Company shall provide the Township Clerk with the address and phone numbers for the Company’s local office, including any changes to this information that may occur during the franchise term.

SECTION 11. Municipal Complaint Officer.

The Office of Cable Television is hereby designated as the complaint officer for the Municipality, pursuant to N.J.S.A. 48:5a-26(b).

All complaints shall be received and processed in accordance with N.J.A.C. 14:17-6.5.

SECTION 12. Performance Bond.

During the life of the franchise, the Company shall give bond to the Municipality, which bond shall be in the amount of $25,000.00.

Such bond shall be to insure the faithful performance of all undertakings of the Company as represented in its Application and incorporated herein.

SECTION 13. Local Programming and Public Educational and Governmental Access.

The Company shall provide public, educational, and governmental (PEG) access channels and facilities in accordance with its Application for Renewal of Municipal Consent.

SECTION 14. Free Services.

The Company shall provide services in accordance with its Tariff for cable television service approved by the Board of Public Utilities on January 1, 2018. In addition, the Company shall provide the following locations with complimentary, expanded basic cable service:

Four (4) cable connections for the Stillwater Fire Department located at 929 Stillwater Road, Stillwater.

One (1) cable connection for the Stillwater First Aid Squad located at 964 Stillwater Road, Stillwater.

One (1) cable connection for the Stillwater Department of Public Works located at 919 Middleville Road, Stillwater.

Three (3) cable connections for the Stillwater Municipal Building located at 964 Stillwater Road, Stillwater.

Forty-four (44) cable connections for the Stillwater School located at 904 Stillwater Road, Stillwater.

The complimentary services provided herein are for expanded basic cable service only. All subscribers, including those set forth herein, shall be fully responsible for the cost associated with any installation of service and with each digital box and/or other equipment that the subscriber maintains, which fees are determined by the Company in accordance with the type of digital box(es) and/or other equipment that the subscriber maintains.

SECTION 15. Programming.

Although nothing herein shall require the Company to carry or transmit any particular television stations or programming source, the Company shall provide the subscribers in the Township with at least the same broad categories of programming, in approximately the same quantity, as are now provided, and which appear in the Application for Municipal Consent.

SECTION 16. Liability Insurance.

The Company shall indemnify, defend, protect and hold harmless the Township from and against any and all losses, claims, damages, including but not limited to physical damage to property, including the property under the control of the Township, bodily injury or death or persons, including any payments made under any worker’s compensation law arising out of the act or omission or anyway caused by the Company, its employees, agents, contractors and/or officers.

The Company agrees to maintain and keep in full force and effect, at its sole expense, at all times during the term of this consent, sufficient liability insurance naming the Municipality as an insured and insuring against loss by any such claim, suit, judgment, execution or demand, in the minimum amount of one million dollars ($1,000,000.00) combined single limit for bodily injury or death to one person, five hundred thousand dollars ($500,000.00) for property damage resulting from any one accident, and an excess liability (or umbrella) policy in the amount of ten million dollars ($10,000,000.00). All insurance required by this ordinance shall remain in full force and effect for the entire life of this franchise. A certificate of insurance must be submitted to the Township Attorney to review for compliance with the required insurance limits. In addition, proof of renewal or replacement insurance shall be provided to the Township prior to the expiration of any insurance coverage required under this Ordinance. The Township shall be an additional insured on the insurance policies. The Company shall provide the appropriate certificates of insurance and all insurance policy endorsements confirming the Township’s additional insured status. The insurer shall notice the Township at least 30 days prior of its intention to cancel or not renew any policy.

The contractor building the cable television lines shall file a commercial general liability certificate of insurance and worker’s compensation certificate of insurance with the Township Clerk prior to commencing any work.

SECTION 17. Filing with Township Engineer.

The Company shall cause all construction plans relating to work which could have significant impact on public works within the Township, to be filed with the Township Engineer’s Office.

SECTION 18. Activities Prohibited.

The Company shall not allow its cable or other operations to interfere with television reception or persons not served by the Company, nor shall the system interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents of the Township.

SECTION 19. Incorporation of the Application.

All of the commitments and statements contained in the Application and any amendment thereto submitted in writing to the Municipality by the Company, except as modified herein, are binding upon the Company as terms and conditions of this consent. The Application and any other relevant writings submitted by the Company shall be annexed hereto and made a part hereof by reference, as long as it does not conflict with state or federal law.

SECTION 20. Severability.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court, or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

SECTION 21. Consistency with Future Federal and State Statutes, Regulations, Rules and Orders.

This Ordinance is subject to all provisions of the Act and to all lawful rules and regulations of the Board of Public Utilities and the Office of Cable Television., adopted pursuant thereto. The Company shall at all times comply with the rules and regulations governing cable television operations lawfully promulgated and adopted by the Board of Public Utilities. Should any of the Federal or State Acts, Regulations, or pronouncements applicable to the regulation of cable television service be modified in any way, such modification, to the extent it embodies required terms and conditions, and meaningfully can be incorporated into this Ordinance, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification(s) place(s) limits on permissible terms and conditions, and any provision of this Ordinance becomes invalid by virtue of such modification(s), the preceding section, SECTION 20, shall apply.

SECTION 22. Effective Date of Consent.

This Ordinance shall take effect upon its final passage and publication according to law.

Mr. Scott made a motion to open the meeting for public comment on Ordinance 2018-12, seconded by Mr. Morrison. There being no public comment this portion of the meeting was closed.

Mr. Scott made a motion to adopt Ordinance 2018-12, seconded by Mr. Morrison.

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

Memo from Stillwater School Interim Superintendent – Anna Memmelaar:

The memo expressed concern with the lack of lighting in front of the school and the suggestion to install two lights at the entrance. The school requested that the township cover the cost of electricity to operate the lights as they will be located on our poles. The Committee agreed the township does not own any poles and Ms. Knott will reach out to Ms. Espinoza of JCP&L for more information on lighting options.

Salt to grit ratio:

Mr. Morrison stated based on changes to the salt to grit ratio (3:1) by the County, it is going to cost the municipality an additional $35,000-40,000 per year as the DPW has different type augers than the County. Mr. Morrison suggested purchasing new augers to meet the ratio as it may be more cost effective in the long run. He recommended having the DPW Supervisor contact the County regarding the cost to replace the augers to help determine whether or not it would be worth it. The Committee agreed and this item will be added to the next agenda.

COMMITTEE REPORTS:

Mr. Scott provided a Recreation Commission (RC) facility report to the Committee. He also provided two quotes for turf management of the fields for budget review from Farmside and Pinnacle. The RC would like the Township Engineer to determine the best location for the playground. The Little League will be assisting with benches. The RC will be holding their annual tree lighting at the school and a Halloween and Christmas house decorating contest.

Ms. Knott will contact Mr. Whitehead, Recycling Coordinator, to determine the date for a fall free tire drop-off at the Recycling Center.

Mr. Gross reported the Zoning Board meeting was cancelled. Additional fire and EMS reports will be provided at the next meeting.

Mr. Morrison reported the Planning Board meeting was cancelled.

Ms. Knott stated Mr. Vreeland reported the Ridge Road milling will be done on October 8th and 9th followed by paving on the 10th and 11th. At that point the project will be completed, all pending cooperative weather.

Mr. Vreeland further reported the right-of-way at the Five Points intersection is 66 feet but Old Foundry Road has no definitive history and he recommended 33 feet. He asked for approval to move forward with staking the area and informing the property owners of the brush and vegetation removal. A 200-foot list will be obtained from the Tax Assessor for the notification.

Mr. Vreeland is optimistic the Old Schoolhouse Road project will be addressed before the winter.

Mayor Chammings reported a resolution was received from the Freeholders, dated September 26, 2018, referencing bridge weight limits in other municipalities throughout the County of 3, 10, and 12 tons; and she questioned why the Neldon’s Brook bridge in Stillwater is rated for 25, 33, or 39 tons. The Mayor asked Ms. Knott to obtain clarification from Mr. Koppenaal, County Engineer.

Mayor Chammings displayed photos of the sign to be placed over the bridge at Veteran’s Memorial Park.

Additional signage will be placed along the river.

She further reported that almost all employees have signed their Employee Handbooks.

ATTORNEY REPORT:

Mr. Bolcato reported the township is still awaiting the court to enter the judgement for the in-rem foreclosures.

Miscellaneous Items:

Ms. Knott reported the SC Freeholders will be holding their meeting at the Stillwater Municipal Building on October 11th at 7 p.m. Congressman Gottheimer will be at the Municipal Building on October 16th for an outreach prior to the Township Committee meeting, 5:30 to 6:30 p.m.

DISCUSSION ITEMS:

Legalization of Marijuana:

Ms. Knott provided an ordinance passed by Wantage amending their zoning to oppose marijuana growing, distribution, etc. She provided resolutions passed by Kittatinny and the SC Freeholders, both in opposition; and she will obtain a copy of the one passed by Lafayette which was favorable. Ms. Knott will also contact other municipalities for their position, if any, on the matter. The Committee will review both sides of the issue prior to making a decision.

Open Public Session:

At this point, this portion of the meeting was opened to the public.

Ed Szabo, 978 Route 521 provided a brief history of his drive to bring awareness to the Committee, SC Freeholders and local schools to address the legalization of marijuana and opposing the issue. He displayed Wall Street Journal ads pushing nicotine and spoke on the high cost of the ads at $277, 000 each. He mentioned that marijuana is legal in Canada and the money involved. Mr. Szabo asked the Committee to consider this issue and passing a resolution opposing the matter. He offered to meet with the Mayor to discuss the subject further.

Kathy Draghi, 1016 Route 619 questioned if the State legalizes marijuana would the municipality have the ability to stop it. Mr. Bolcato stated an ordinance adopted within a year of a state decision could restrict it. Mrs. Draghi noted the Center for Prevention and Counseling in Newton just received a million dollar plus grant to address the opioid crisis.

Jan Bonavita, 918 Dove Island Road thanked Mr. Szabo for his work opposing the legalization of marijuana. She addressed the potential problems with its legalization and agreed with Mayor Chammings that there may not be a financial dividend if it is legalized.

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

EXECUTIVE SESSION:

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Scott, seconded by Mr. Morrison and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 8:12 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: Attorney/Client Privilege

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. Morrison to conclude the Executive Session at 8:18 p.m., unanimously carried by roll call vote.

There being no further business, Mr. Scott made a motion to adjourn the meeting, seconded by Mr. Morrison. In a voice vote, all were in favor.

Respectfully submitted,

Kathy Wunder

 

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