October 20, 2020 Regular Meeting Minutes

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STILLWATER TOWNSHIP COMMITTEE MEETING

October20, 2020 – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:08 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, Committeeman Fisher (6:50 p.m.), Deputy Mayor Scott and Mayor Chammings, Municipal Clerk Lynda Knott, Attorney Angelo Bolcato ABSENT: None

EXECUTIVE SESSION: 6:00 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 06:05 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, Potential Litigation, Attorney Client

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 Mrs. Morrison, seconded by Mrs. Rumsey to conclude the Executive Session at 7:15 p.m., unanimously carried by roll call vote.

Roll Call was taken and the flag was saluted.

MINUTES:

Executive Minutes from September 15 and October 6, 2020 were tabled until the November 10, 2020 meeting

October 6, 2020 Regular Meeting Minutes

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

REPORTS: Recreation Commission Report of September 2020

Convenience Center Report of August and September 2020

Tax Collector Report of August and September 2020

SC Board of Health Report of July and August 2020

Building Department Report of September 2020

Registrar Report of September 2020

QPA Report of September 2020

DPW Report of September 2020

Mr. Scott asked where the Tax Assessor’s report was he asked for a few months ago. Mr. Morrison said all departments should report every month.

The Zoning Officer’s report will be tabled until the November 10, 2020 meeting.

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

BILLS LIST #16: $ 611,925.48

RESOLUTION 2020-134 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 20, 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 2020-134, seconded by Mr. Morrison. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes Mayor Chammings, yes.

COMMITTEE REPORTS:

Mr. Scott reported the DPW hired a new employee, Tim Wistuba, and he will start on October 31, 2020.

Mr. Scott said the Recreation Commission purchased a new live Christmas Tree for the Community Center and Mr. David Manser will be planting the Township’s new tree at no cost.

Mr. Scott also noted the Recreation Commission’s POD will remain at the Town Hall.

Mr. Scott reported the Planning Board will meet on Wednesday, October 21, 2020 via zoom.

Mr. Fisher met with Mr. John Nelson, a trustee on the CLAPO board, and the two decided Lower Lake West is the best site for an egress into the lower lake area. Mr. Nelson noted if Crandon Lakes owns that property instead of the township that Crandon Lakes is willing to deed the township the land for the egress. Mr. Fisher reported he will meet with DPW Supervisor Josh Raff to look at the site and what needs to be done to open the egress.

Mrs. Rumsey reported she attended the Stillwater Board of Education meeting via zoom on October 13, 2020. Mrs. Rumsey said the fire department was thanked for their fire prevention program at the school for the students and even thought it was modified to meet COVID protocol the children enjoyed it very much.

Mrs. Rumsey reported there would be no Halloween parade this year but the Stillwater PTA will be supplying goodie bags for the kids. The Washington DC trip for the 6th graders is also canceled and the Board of Ed is looking for alternate trips in May or June of 2021. Mrs. Rumsey also noted the preschool playground is nearly completed and even though the governor has signed an executive order allowing indoor and outdoor sports at 25% the Board of Education is not moving forward with sports at this time.

Mrs. Rumsey invited Chief Steven Sugar to give his report for fire and EMS. Chief Sugar reported the fire department answered 144 calls year-to-date and the EMS 258 calls year-to-date. The merger of the fire and EMS companies is now complete. Chief Sugar has been working on Stillwater Township’s ISO rating which is used by insurance companies in calculating rates. Chief Sugar is confident having Stillwater Station 2 and the Fredon-Hampton-Stillwater tripod in place will improve the ISO. Chief Sugar also reported they held a wilderness training class.

Mr. Scott asked Chief Sugar if he would break out the number of UTV calls from fire calls so the township committee would know how often the UTV is utilized.

Chief Sugar also reported the pick-up truck has been delivered and will be going to Ohio for the custom bed. Mrs. Rumsey and Mayor Chammings thanked Chief Sugar for his report.

Mayor Chammings said there are two metal racks for chair storage that will be disposed of and asked the clerk to prepare a resolution for the next meeting.

Mr. Morrison reported his personnel matter was discussed in executive session.

Mayor Chammings reported Sussex County does not have flu vaccines available and anyone who was planning to go to any of the County’s clinics should check with the Sussex County web page to make sure the clinics are being held. Mayor Chammings also noted the County has a hotline for COVID-19 testing places and they are letting people know the best location for turnaround time.

Mayor Chammings is waiting for funds to be released to purchase a camera and microphones for the computer in the meeting room.

Mayor Chammings said she is currently working on the Sussex County Multi-Jurisdictional Hazard Mitigation Plan 2021 update, has submitted changes and will be attending the October 28, 2020 meeting.

Mayor Chammings reported the township sold some surplus equipment and the tractor has been picked up but the township is waiting for the roll-off truck pick-up.

AMENDMENTS TO AGENDA: RFP-Solutions proposal was added to the discussion items

NEW PUMPER PRESENTATION: Chief Steven Sugar and Stillwater Fire Truck Committee

Chief Steven Sugar presented the truck they would like the township to purchase to replace engines 1 and 2. After extensive research the truck committee decided on two trucks to compare – the E-One Truck ($750,000.00) and Seagrave Truck ($769,611.00). Chief Sugar explained the differences and why ultimately the Seagrave Truck was their first choice.

Mr. Fisher asked what the cost difference is between the customized cost of the truck and a standard model. Chief Sugar said he did not know because he only inquired about a truck that will fit their fire house.

Chief Sugar reported both trucks will be going up in price on January 1, 2021 between 2 and 2 and1/2 percent (approx. $15,000.00) and he hoped to save the township money if the truck was purchased by the end of the year.

Mayor Chammings asked the Township Committee if anyone had questions. Mr. Morrison said he felt the truck was worth the purchase price. He said the town where he works purchased production trucks for less money initially but they have had many problems with one-year old vehicles.

Mr. Fisher thanked Chief Sugar and the truck committee for putting this presentation so quickly.

Mayor Chammings asked if anyone from the public wished to ask a question regarding the fire truck.

Rachel Gullette, 1014 County Route 619, said she is very worried about her taxes going up again because they just went up significantly because of COVID 19 and the pandemic is not ending anytime soon. Ms. Gullette asked how the truck purchase would affect her taxes. Mayor Chammings said she would have the CFO calculate the amount per average home.

Ms. Gullette asked Chief Sugar if the fire department was equipped to fight fires right now. Chief Sugar said they were. Ms. Gullette said if that is the case is this new truck something that could wait.

Mayor Chammings thanked Chief Sugar and the truck committee and said the matter will be further discussed at the budget session.

OPEN PUBLIC SESSION:

Bill Carroll, 918 Pond Brook Road, said a sports team has been using lights and generators at Veterans Field from about 6:20 p.m. to 8:00 p.m. Mr. Carroll said he believed the park was to be used from dawn to dusk and that no lights were permitted.

Mayor Chammings asked Mr. Scott if the Recreation Commission had given the team permission to use lights. Mr. Scott it is flag football and he knew they had permission to use the field but would call the Chair and find out about lights. Mr. Morrison agreed there should be no lights.

Mr. Carroll added the generators are not locked and anyone could start them. Mayor Chammings assured Mr. Carroll the issue would be corrected immediately.

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

OLD BUSINESS:

ORDINANCE 2020-07 Ordinance Providing for the Improvement of Old Foundry Road in and by the Township of Stillwater, appropriating $290,000 Therefor, Constituting Proceeds of Notes of the Township heretofore issued and Proceeds of a Grant from the New Jersey Department of Transportation – Public Hearing and Adoption

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF STILLWATER, IN THE COUNTY OF SUSSEX, NEW JERSEY, AS FOLLOWS:

The improvement described in Section 2 of this ordinance is hereby authorized to be made or acquired by The Township of Stillwater, in the County of Sussex, New Jersey, as a general improvement, and there is hereby appropriated therefor the sum of $290,000, said sum, to the extent of $90,000, constituting proceeds of notes of the Township heretofore issued and not necessary for financing the purposes for which issued and now available for financing the said improvement or purpose and, to the extent of $200,000, constituting proceeds of a grant received or expected to be received by the Township from the New Jersey Department of Transportation.

The improvement or purpose for the financing of which the appropriation is made as provided in Section 1 of this ordinance is the improvement of Old Foundry Road in and by the Township, including the construction, reconstruction or resurfacing thereof, together with all curbing, sidewalks, drainage facilities, landscaping, signage, structures, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Township Clerk and hereby approved.

It is the opinion of the Township Committee of the Township, as the governing body thereof, that it is in the best interest of the Township that $90,000 constituting proceeds of notes of the Township heretofore issued under Ordinance No. 2019-05 (Section 3(b)) of the Township shall be appropriated to and used to finance costs, including incidental expenses, of the improvement or purpose above described in Section 2 of this ordinance.

The capital budget or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as pproved by the Director, Division of Local Government Services, are on file with the Township Clerk and are available for public inspection.

This ordinance shall take effect after final passage as provided by law.

A motion was made by Mrs. Rumsey to adopt Ordinance 2020-07, seconded by Mr. Morrison Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

ORDINANCE 2020-08 AN ORDINANCE AUTHORIZING THE PUBLIC SALE
OF REAL PROPERTY TO CONTIGUOUS PROPERTY OWNERS
PURSUANT TO N.J.S.A. 40A:12-13(b)(5) Public Hearing and Adoption

WHEREAS, the Township of Stillwater is the owner of certain real property set forth in Schedule “A”, which properties are not needed or required for municipal use; and

WHEREAS, the lots are less than the minimum size required for development under the municipal ordinance and is without capital improvements; and

WHEREAS, the Township Committee deems it in the best interest of the Township of Stillwater to sell the properties to owners of each contiguous property in accordance with the provisions of N.J.S.A. 40A:12-13(b)(5) and N.J.S.A. 40A:12-13.2; and

WHEREAS, the sale shall be conducted as an auction limited to contiguous property owners to be held at the Township of Stillwater Municipal Building, 964 Stillwater Road, Newton, New Jersey 07860 on November 17, 2020, at 7:00 p.m. or such adjourned date as may be determined by the Stillwater Township Committee; and

NOW, THEREFORE, BE IT ORDAINED by the Stillwater Township Committee as follows:

  1. The Township of Stillwater shall offer for sale by auction, pursuant to the provisions of N.J.S.A. 40A:12‑13(b)(5) and N.J.S.A. 40A:12-13.2, the properties listed on Schedule “A” to the contiguous property owners. Schedule “A” also contains the minimum sale price for each property. The sale is limited to contiguous property owners, and the sale is conditioned upon the property being sold merging with the contiguous property owner’s existing property. The properties being sold are less than the minimum size required for development under the municipal zoning ordinance and are without any capital improvement and shall be merged with the purchaser’s contiguous lot. The Township Committee reserves the right, in its discretion to reject all bids for each property for any reason, including but not limited to, in the event that the minimum sale price for such property is not met.
  2. Upon final passage of this Ordinance, the sale shall take place on November 17, 2020 at 7:00 p.m. at the Stillwater Township Municipal Building, 964 Stillwater Road, Newton, New Jersey, subject to receiving no higher bid for said parcels, after offering same to the highest bidder, at said time and place.
  3. A copy of this Ordinance shall be posted on the bulletin board or other conspicuous place in the Stillwater Township Municipal Building. Notice of adoption of this Ordinance shall be made in the official Township newspaper within five (5) days following the enactment of the Ordinance. Notice of the public sale shall be published in the official Township of Stillwater newspaper by two (2) insertions at least once a week during two (2) consecutive weeks, the last publication shall be within seven (7) days prior to the sale date.
  4. The property shall be sold subject to the following terms and conditions:
  5. The property is sold “as is”. No representations of any kind are made by the Township as to the conditions of the property, and the descriptions of the property are intended as a general guide only and may not be accurate. The properties are being sold in the present “as is”, “where is”, with all faults.
  6. the sale shall be made after legal advertisement of this Ordinance to the highest bidder who is the owner of a contiguous property, which property shall merge with the property being sold, and become part of the contiguous property owned by the successful bidder.
  7. The Township does not warrant or certify title to the property and in no event shall the Township of Stillwater be liable for any damages to the purchaser-successful bidder if title is found unmarketable for any reason and the purchaser-successful bidder waives any and all right in damages or by way of liens against the Township. The sole remedy being the right to receive a refund prior to closing of the deposit paid in the event title is found unmarketable. It shall be the obligation of the successful purchaser to examine title to said premises prior to the closing. In the event of closing and a later finding of defect of title, the Township shall not be responsible for same, shall not be required to refund money or correct any defect in title or be held liable for damages.
  8. Acceptance of the highest bid shall constitute a binding agreement of sale and the purchaser shall be deemed to agree to comply with the terms and conditions of the sale herein contained.
  9. The highest bidder shall deposit with the Township cash, check or money order in the amount of not less than 10% of the bid price at the time of sale. In the event the successful bidder fails to deposit 10% of the bid price at the time of the sale, the Township of Stillwater will re-auction the property at the same public sale. If the successful bidder fails to pay the deposit, the bidder shall be responsible for any difference between their bid and the final sale bid in the event such bid is lower than the bid of the original bidder.
  10. The highest bidder must pay the balance of the purchase price, plus (1) the sum of $275 for the legal services incurred by the Township; (2) the Township of Stillwater’s advertising and the actual recording fees within thirty (30) days after the date the Council adopts a resolution confirming the winning bid(s); and (3) realty transfer fees, if any. The balance shall be paid by certified funds. In addition, for all properties that are subject to Section 5 (r) of this Resolution, the Purchaser shall provide the Township Attorney with a copy of the deed for their existing property and their title insurance policy. Once the purchase price has been paid, a Quitclaim Deed without covenants will be prepared by the Township Attorney and, after execution by the Township Officials, shall be recorded with the Sussex County Clerk’s Office by the Township Attorney. Additional work performed by the Township Attorneys beyond the standard preparation of the sale resolutions, notice of sale, letters to property owners and adjoining property owners, Deed and closing statement shall be billed at the rate charged by the Township Attorney and shall be the responsibility of the purchaser, which fees must be paid prior to the Deed being recorded.
  11. The Deed will be subject to all matters of record, which may affect title herein, what an accurate survey may reveal, the Ordinances of the Township of Stillwater and reserving an easement for all natural or constructed drainage systems, waterways, water and sewer easements, if any, on the premises and the continued right of maintenance and flow thereof.
  12. The property will be sold subject to the current year taxes, prorated from the date of sale.
  13. The Township Committee reserves the right to withdraw this offer to sell, or upon completion of the bidding to accept or reject any or all bids for said properties or to waive any informality in relation thereto.
  14. All bidders currently owing property within the Township must have their taxes, as well as all municipal utility charges, if applicable, paid to date in order to be a qualified bidder. In the event the bidder’s taxes or municipal utility charges are delinquent, the bidder shall be deemed unqualified and such bid shall be rejected.
  15. This same is made subject to all applicable laws, statutes, regulations, resolutions and ordinances of the United States, State of New Jersey and Township of Stillwater.
  16. No employee, agent or officer of the Township of Stillwater has any authority to waive, modify or amend any of the conditions of sale.
  17. The purchaser must abide by appropriate zoning, subdivision, health and building regulations and code, and agrees that this sale will not be used as ground to support any variance from or realization of the regulations.
  18. The failure of the purchaser to close on title within the time provided for in Subsection 5(f) of this Ordinance shall constitute a breach of this Ordinance unless the Township agrees in writing prior to that date to extend the time of the closing. In the event the purchaser fails to close within the dates provided for in Subsection 5(1) or such date as may be extended by the Township, the deposit paid by the purchaser shall be retained by the Township as liquidated damages. The municipality is entitled to retain the purchaser’s deposit to the extent of any expenses and/or losses it incurs including but not limited to advertising costs, attorney’s fees, lost tax revenues from the date of the required closing as well as additional cost of resale and the difference in the sales price, to the extent the property is sold for a lower price and any subsequent sale. The only exception to this section is in the event that the purchaser fails to close as a result of the title being unmarketable, in which case the Purchaser shall be entitled to a refund of their deposit as provided for in Subsection 5(c) of this Ordinance.
  19. The purchase shall not be used for any County, Board of Taxation, Tax
    Court of New Jersey, or in any Courts of the State as grounds to support a challenge of the existing assessments with regard to other properties.
  20. The sale shall be subject to final approval by the Township Committee.
  21. The deeded conveyance shall contain a restriction that there shall be no subdivision of the merged lot or lots created by this sale and no structure or improvements shall be built on or under such property. The successful bidder shall provide a copy of their existing property Deed to the Municipal Attorney within seven (7) days of their being notified that they are the successful bidder of the sale.

Potential Bidders are advised:

(1) To conduct all necessary title searches prior to the date of sale.

 

(2) No representations of any kind are made by the Township of Stillwater as to the conditions of the Property, including habitability or usability; the Property is being sold in its present conditions ”as is”.

(3) The Property will be conveyed by a Quit Claim Deed and such conveyance shall be subject to all covenants, restrictions, reservations and easements established of record or by prescription and without representation as to character of title of the Property to be conveyed.

(4) The highest bidder for the Property shall have the right, at its sole cost and expense, to obtain a new survey of the Property. Provided such survey depicts the Property and is certified to be correct to the Township of Stillwater, the Township of Stillwater shall utilize the legal description drawn in accordance with such survey in the Deed of conveyance, provided the highest bidder provides such legal description and a copy of the certified survey to the Township of Stillwater not less than one week prior to the date set for closing of title.

Additional Terms the Successful Bidder must comply with:

(1) To abide by appropriate zoning, subdivision, health and building regulations and codes and stipulate that this sale will not be used as grounds to support any variance from the regulations.

(2) That the failure to close title as agreed shall forfeit to the Township of Stillwater any and all money deposited with the Township.

  1. Severabilitv. 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.
  2. 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.
  3. Effective Date. This Ordinance shall take effect immediately upon adoption and publication in accordance with law.

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

A motion was made by Mr. Fisher to adopt Ordinance 2020-08, seconded by Mr. Scott. Roll Call Vote: Mrs. Rumsey, yes, ,Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

DISCUSSION ITEMS:

Update on 992 Fairview Lake Road (Block 2401 Lot 37) Mayor Chammings has no update and Mr. Bolcato said the Zoning Officer was waiting for more information from the State. Mayor Chammings added she had not received anything back from her OPRA request.

2020 Rabies Clinic – the clinic is usually held the first Saturday in November. Mayor Chammings said she has spoken the clerk who is uncomfortable working the clinic because there is really no way to socially distance during the clinic. Mayor Chammings said she is concerned the township collects a fee for the license and the residents should have the clinic provided for with that fee. Mayor Chammings has spoken to Dr. Bertoldo, the veterinarian who usually provides his services for the clinic, and he believes it would be up to the township’s risk manager. There was discussion on changing the requirements of the township’s license from calendar year to a different time period such as April 1 to March 31. A change of date must be done by ordinance.

Job Description – The township committee discussed which advertisement they preferred to advertise for the open position. A discussion was held and the part time receptionist advertisement was chosen. The clerk will post the advertisement for 20 hours per week at a pay to be determined.

Employees Pandemic Policy revision – Mr. Fisher has been working his regular hours at work and wondered when the town hall employees will work their regular hours. The Clerk said they were already working their full hours but each employee can work 20% of their time from home. Mayor Chammings said this keeps the number of employees down at town hall and would prevent a total shut down if someone tested positive the persons who were not in contact could continue to man town hall. There are a lot of variables as we go toward winter.

RFP-Solutions proposal – employees use their cell phones when working off site are giving everyone their personal number and this license will allow employees to forward calls through the township’s phone system. The cost is a one-time set up fee of $250 and a one-time cost of $85 per license. The Township Committee agreed with going forward with purchasing the service and licenses.

NEW BUSINESS:

RESOLUTION 2020-135 Authorizing Payment of Redemption Block 1703 Lot 4.03

WHEREAS, on November 28th 2016 GISELA RUTNIK , Collector Of Taxes sold at public sale Tax Lien for delinquent municipal lien on premises known as

Block 1703 LOT 4.03 to STILLWATER TOWNSHIP 964 STILLWATER ROAD NEWTON NEW JERSEY 07860

WHEREAS, the Collector has received redemption of said lien on October 16,, 2020 And has deposited said sum in the current account of the Township of STILLWATER,TOWNSHIP

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Committee of the Township of STILLWATER

1. As soon thereafter as the redemption funds have cleared the current account, in the amount of

$ 5,754.54 ISSUED TO TOWNSHIP the surrender of the certificate shall be issued to the owner of record

There was also a Premium paid in the amount of $.00 to be added to the certificate holder,

Provided the holder shall surrender the Certificate of Sale and comply with all laws relating thereto.

A motion was made by Mrs. Rumsey to adopt Resolution 2020-135, seconded by Mr. Morrison. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-136 Mayor’s Appointment of Nicholas Maiolo 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 Nicholas Maiolo 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 20, 2020.

A motion was made by Mr. Scott to adopt Resolution 2020-136, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-137 Establishing Standard Protocols for Remote Public Meetings Held by a Local Public Body during a Governor-Declared Emergency

WHEREAS, due to the COVID-19 pandemic, local government entities were forced to hold public meetings remotely; and

WHEREAS, newly enacted P.L. 2020, c.34 authorizes the Director of the DCA to issue regulations establishing standard protocols for remote public meetings held by a local public body during a Governor-declared emergency; and

WHEREAS, N.J.A.C. 5:39-1.1, et seq. have been adopted as emergency regulations and are proposed for permanent adoption in the October 19, 2020 New Jersey Register; and

WHEREAS, these protocols aim to ensure continuity of government operations and transparency in conducting public business when an emergency requires a governing body meeting to be held remotely, including standard procedures and requirements for public comments and notice.

NOW THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater, in the County of Sussex, State of New Jersey, that the Mayor and Township Clerk are hereby adopts the Remote Public Meeting Protocol attached hereto, to be followed by 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 Mr. Scott to adopt Resolution 2020-137, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-138 Authorizing Refund of Driveway Escrow

WHEREAS, the Chief Financial Officer has certified that the following property owner provided a Driveway Escrow payment of $600.00 for 907 Twin Oaks Road, Block 1606, Lot 3, and;

WHEREAS, the driveway has been paved and inspected by the Construction Official;

NOW THEREFORE, BE IT RESOLVED, by the Township Committee of Stillwater Township, that a refund be issued in the amount of the Driveway Escrow.

Name & Address Funding Amount

Anthony Barile    Escrow $600.00
907 Twin Oaks Road
Newton, NJ 07860

A motion was made by Mr. Scott to adopt Resolution 2020-138, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-139 Appointing Risk Management Consultant for 2021

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 2021 in the form attached hereto.

A motion was made by Mr. Scott to adopt Resolution 2020-139, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-140 Appointing Statewide Fund Commissioner for 2021

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 2021; and

BE IT FURTHER RESOLVED that Tammy Leonard is hereby appointed as the Alternate Fund Commissioner for the Local Unit for the year 2021; 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 Mr. Scott to adopt Resolution 2020-140, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-141 Authorizing the Submittal of Application for Local government Emergency fund (CRF) Grant

WHEREAS, as the public health emergency associated with the COVID-19 pandemic continues, the most significant negative financial impacts faced by county and municipal governments throughout New Jersey result from extreme economic contraction, deficits in tax and fee revenues, and extraordinary increases in public safety and health and human services expenditures; and

WHEREAS, severe fiscal stress limits the ability of counties and municipalities to maintain essential services and take the steps necessary to fight COVID-19; and

WHEREAS, without substantial federal assistance, residential taxpayers would absorb the primary impact of meeting these extraordinary needs and closing any associated operating deficits; and

WHEREAS, the Department of Community Affairs (“DCA”), through the Division of Local Government Services (“DLGS” or “Division”), has been deemed the lead agency for the distribution of the Local Government Emergency Fund (the “LGEF” or “Program”), provided through an allocation of the State of New Jersey’s CARES Act Coronavirus Relief Fund (CRF Funds); and

WHEREAS, counties and municipalities excluded from the federal government’s direct CRF allocation plan, as well as those counties and municipalities that are currently the most impacted by COVID-19 in comparison to their available resources, are eligible for LGEF funds pursuant to a maximum distribution determined by formula; and

WHEREAS, a total of $60 million is currently being made available under the Program, with a potential $60 million more to be allocated; and

WHEREAS, LGEF Grants exist to support costs incurred as part of a local unit’s response to COVID-19.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Stillwater will apply for a LGEF Grant in the amount of $18,127.00.

A motion was made by Mr. Scott to adopt Resolution 2020-141, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

Resolution 2020-142 “AUTHORIZING A HEALTH INSURANCE WAIVER INCENTIVE PAYMENT IN LIEU OF BENEFITS IN RETIREMENT FOR TOWNSHIP EMPLOYEE”

WHEREAS, the Township of Stillwater provides health insurance benefits (medical and dental) (“Health Insurance Coverage”) to employees through the New Jersey State Health Benefits Programs. Employees that elect not to receive their Health Insurance Coverage through the Township are offered the option of receiving a payment of up to $416.67 per month (not to exceed $5,000.00 per year) for waiving the Township supplied Health Insurance Coverage; and

WHEREAS, employee Kathryn Wunder by waiver signed on March 11, 2015, waived the Township supplied Health Insurance Coverage, and has been receiving the health insurance waiver payments from the Township. Ms. Wunder is the last employee that is also qualified to receive family health insurance for life upon her retirement from the Township.

WHEREAS, Ms. Wunder has the option to enroll in the State Health Benefits Program when she retires and to receive the Health Insurance Coverage for herself and her spouse with the premiums to be paid by Stillwater Township. Ms. Wunder has requested that the Township continue to pay the waiver payments after she retires until such time as enrolls in the Township’s Health Insurance Coverage; and

NOW, THEREFORE BE IT RESOLVED, by the Stillwater Township Committee:

1. Ms. Wunder’s request to continue to receive the State Health Benefits waiver payments from the Township in the amount of $416.67 per month (not to exceed $5,000.00 per year), through the month prior to her electing to be covered by Stillwater Township’s State Health Benefit program’s Health Insurance Coverage is hereby approved. The waiver payments shall terminate upon her electing to participate in the Health Insurance Coverage or her death. In the event Ms. Wunder predeceases her spouse, the Health Insurance Coverage for Ms. Wunder’s spouse will be provided if permitted by law. Ms. Wunder shall make her own inquiry to the New Jersey State Health Benefits Program in order to verify qualification for coverage for her surviving spouse.

2. A copy of this Resolution shall be placed on file with the Clerk of the Township of Stillwater.

3. If any section, subsection, sentence, clause or phrase of 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 Mr. Scott to adopt Resolution 2020-142, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Morrison, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

OPEN PUBLIC SESSION

Mrs. Kathy Draghi,1016 County Route 619, asked why a twenty hour a week receptionist position was being discussed for so many meetings when the CFO position went from a part-time to a full-time position with a salary of $75,000 with no discussion or public input.

Mayor Chammings said there is no job description for receptionist and the descriptions found through civil service did not encompass all the former employee handled. Mayor Chammings added no decision on the job description had been made because Mr. Morrison was away and his input was wanted. Mayor Chammings also noted the receptionist’s departure was sudden and not expected. Mrs. Draghi added the receptionist should have their own responsibilities and cannot be expected to help the other positions to do their own jobs. Mrs. Rumsey agreed with that point.

Seeing no one else who wished to speak this portion of the meeting was closed.

ATTORNEY’S REPORT: Mr. Bolcato said he has looked into what was required to establish weight restrictions on certain roads and routes and also restrictions on the class of vehicles allowed on these roads. Mr. Bolcato said the Township Committee would have to give the municipal engineer the specifics of what they were looking to do and the engineer can work on getting DOT approval of their requests. Mr. Bolcato will work on a no jake brake ordinance.

Mr. Scott said Stillwater and Mt. Benevolence Roads have tractor trailers flying down the roads using their air brakes at 2 and 3 0’clock in the morning.

Mr. Morrison suggested using the Sheriff’s Department for traffic control. Mayor Chammings noted there is a line item in the budget for Sheriff motor vehicle law enforcement and no funds had been used because the normal summer activities were canceled by COVID. Mr. Morrison said the Township should incorporate the jake brake ordinance and also speak to Mike Vreeland about looking into DOT approvals for establishing the restrictions on these roads.

There being no further business, Mr. Scott made a motion to adjourn the meeting, seconded by Mr. Morrison at 9:28 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, Township Clerk

 

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