October 5, 2021 Regular Meeting

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STILLWATER TOWNSHIP COMMITTEE MEETING

October 5, 2021 – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 7:00 p.m. noting the meeting date was sent, time and place to the New Jersey Herald and posted at the Town Hall on the official Stillwater Township website and Facebook page 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 Barta, Deputy Mayor Scott, Mayor Chammings, Municipal Clerk Lynda Knott and Attorney Angelo Bolcato ABSENT: Committeeman Fisher

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 6:05 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, Litigation/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.

By a motion was made by Mr. Scott, seconded by Mr. Barta to conclude Executive Session at 6:45p.m., unanimously carried by voice vote.

A fifteen minutes recess was taken until 7:00 p.m.

Roll Call was taken and the flag was saluted.

August 17, and September 7, 2021 Executive Session Minutes:

A motion was made by Mr. Scott to adopt the executive session minutes of August 17, 2021 and September 7, 2021, seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mayor Chammings, yes.

September 7, 2021 Regular and Executive Session Minutes:

A motion was made by Mr. Scott to adopt the regular and executive minutes of September 21, 2021, seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mayor Chammings, yes.

BILLS LIST #16: $3,061,362.85

RESOLUTION 2021-125 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 5, 2021 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 the Resolution 2021-125, seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mayor Chammings, yes.

COMMITTEE REPORTS:

Mr. Scott reported Old Foundry Road Phase II was complete except for stripping. Mr. Scott noted the DPW and the Township are negotiating their new contract for 2022-2024.

Mr. Scott also reported the Recreation Commission met last evening and discussed: their giveaway of a Stillwater blanket as a give-away at the Historical Society of Stillwater’s Fall Festival on October 9, 2021. The Recreation Commission also discussed their Halloween Decorating Contest and getting more signage on the fields after being treated or fertilized.

Mr. Barta reported the Planning Board September meeting had been cancelled so he had no report.

Mrs. Rumsey reported the Stillwater BOE discussed a HIB presentation, raising substitute teacher pay from $85 to $90 per hour and reporting bus drivers were desperately needed.

Mrs. Rumsey noted Fire Chief Sugar was not in attendance because he was attending OEM school and he sent a memo requesting the age of drivers for non-CDL vehicles be reduced from twenty-one to nineteen. Mrs. Rumsey also reported all members of the SAVFCO were going to take the CEVO (Coach Emergency Vehicle Operator) course on November 21, 2021

Mrs. Rumsey also reported CERT the Community Center has been very active with a plant exchange, flu shot clinic, Texas Hold Em (10/25/21), boy and girl scout meetings and the 4H cooking kids have scheduled some dates as well.

Mayor Chammings reported she was unable to make the Mayor’s conference call because they moved the time up to 3:00 p.m.

Mayor Chammings also reported she will ask the CFO to see if there are American Rescue Plan funding to increase the zoom recording capacity.

Mayor Chammings reported the Zoning Board met and memorialized two resolutions for recent applications.

Mrs. Rumsey noted Mayor Chammings was recognized by the Historical Society of Stillwater Township naming her the recipient of the Distinguished Citizen Award. Mayor Chammings said she was very touched by the honor.

AMENDMENTS TO AGENDA

Clean Team proposal for the Community Center – under Discussion

OPEN PUBLIC SESSION:

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

OLD BUSINESS:

Update on 992 Fairview Lake road (block 2401 Lot 37) Mayor Chammings has not received the boxes from the State yet so there is no update.

NEW BUSINESS:

RESOLUTION 2021-126 APPROVING THE SALE OF SIX (6) LOTS FROM THE TOWNSHIP OF STILLWATER’S PROPERTY SALE ON SEPTEMBER 21, 2021

WHEREAS, the Township of Stillwater conducted a sale of undersized lots owned by the Township of Stillwater and no longer needed for public use on September 21, 2021, pursuant to Ordinance 2021-12. The purpose of the sale was to sell the undersized lots to contiguous property owners in order that the lot being sold by the Township would merge with the property owner’s existing property; and

WHEREAS, the Township received bids for six (6) properties as follows:

Block 1201, Lot 33, bid by Jacob Swartout & Stacey Norman – $250

Block 1201, Lot 34, bid by Jacob Swartout & Stacey Norman – $250

Block 405, Lot 22, bid by Justin and Cati Baamonde – $250

Block 405, Lot 3, bid by Justin & Cati Baamonde – $250

Block 406, Lot 2, bid by Nicholas & Danielle Wunder – $500

Block 1101, Lot 49, bid by Joseph Bach – $250

NOW, THEREFORE BE IT RESOLVED, by the Stillwater Township Committee that the following property sales are hereby approved:

Block 1201, Lot 33, bid by Jacob Swartout & Stacey Norman – $250

Block 1201, Lot 34, bid by Jacob Swartout & Stacey Norman – $250

Block 405, Lot 22, bid by Justin and Cati Baamonde – $250

Block 405, Lot 3, bid by Justin & Cati Baamonde – $250

Block 406, Lot 2, bid by Nicholas & Danielle Wunder – $500

Block 1101, Lot 49, bid by Joseph Bach – $250

BE IT FURTHER RESOLVED upon each bidder’s payment of the balance of the purchase price along with the fees and costs provided for in Ordinance 2021-12, as applicable, and their compliance with all requirements of Ordinance 2021-12, as applicable, the Mayor or Deputy Mayor, as appropriate, and the Township Clerk are authorized to sign the Quit Claim Deeds and such other documents, if any, for the six (6) properties being sold.

BE IT FURTHER RESOLVED that all terms and conditions contained in Ordinance 2021-12, authorizing the sale are hereby incorporated into this resolution by reference.

This resolution shall take effect immediately.

A motion was made by Mr. Scott to adopt Resolution 2021-126 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mayor Chammings, yes.

RESOLUTION 2021-127 AUTHORIZING THE PUBLIC SALE OF REAL PROPERTY PURSUANT TO N.J.S.A. 40A:12-13

WHEREAS, the Township of Stillwater is the owner of a certain real property set forth in Schedule “A” which property is no longer needed or required for municipal use; and

WHEREAS, the Stillwater Township Committee deems it in the best interest of the Township of Stillwater to sell the property to the highest bidder by public auction sale, subject to the minimum bid prices, in accordance with the provisions of N.J.S.A. 40A:12-13(a) et seq.; and

WHEREAS, the public sale shall be held at the Township of Stillwater Municipal Building, 964 Stillwater Road, Newton, New Jersey 07860 on November 9, 2021, at 7:00pm or such adjourned date as may be determined by the Stillwater Township Committee; and

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

  1. The Township of Stillwater shall sell, pursuant to the provisions of N.J.S.A. 40A:12-13(a), the property listed on Schedule “A”. The minimum sale price for the property is reflected in Schedule “A”. The Township reserves the right, in its discretion, to reject all bids for the property for any reason, including but not limited to, in the event that the minimum sale price for the property is not met.
  2. The sale shall be conducted as an auction and shall take place on November 9, 2021 at 7:00pm, (hereinafter referred to as “sale date”) at the Township of Stillwater Municipal Building, 964 Stillwater Road, Newton, New Jersey 07860.
  3. A copy of this Resolution shall be posted on the bulletin board or other conspicuous place in the Municipal Building. 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. In the event the property being sold is less than the minimum size required for development under the Township of Stillwater Zoning Resolution and are without any capital improvements, contiguous property owner(s) shall have the right of first refusal as provided for in N.J.S.A. 40A:12-13.2. In order to exercise the right of first refusal, the contiguous property owner(s) must appear at the public sale and exercise their right of first refusal by bidding on the property. For the property subject to N.J.S.A. 40A:12-13.2, a copy of this Resolution shall be mailed to the contiguous property owners at their last known address as reflected on the tax duplicates. The Resolution shall be mailed at the time that Notice is first published as provided for in paragraph 3 of this Resolution.
  5. The property shall be sold subject to the following terms and conditions:
  6. The descriptions of the property is intended as a general guide only and may not be accurate. No representations of any kind are made by the Township of Stillwater as to the condition of the property; the property is being sold in the present condition “as is”, “where is” with all faults.
  7. The property shall be sold for not less than the amount, if any set forth in Schedule “A”.
  8. The Township of Stillwater 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 and the purchaser/successful bidder waives any and all right in damages or by way of liens against the Township of Stillwater. 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 the premises prior to the closing. In the event of closing and later finding of defect of title, the Township of Stillwater shall not be responsible for the same nor shall it be required to refund money or correct any defect in title or be held liable for damages.
  9. 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 contained in this Resolution.
  10. 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.
  11. 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) plus the Township of Stillwater’s advertising and the actual recording fees within thirty (30) days after the date the Township Committee 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, if the property is 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, since the property being sold by the Township of Stillwater will merge with the Purchaser’s adjoining property. 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.
  12. The Deed will be subject to all matters of record which may affect title, including what an accurate survey may reveal, as well as the requirements of the Resolutions of the Township of Stillwater. The Township of Stillwater reserves an easement for all natural or constructed drainage systems or waterways on the premises and the continued right of maintenance and flow.
  13. The property will be sold subject to the current year taxes, pro-rated from the date of sale.
  14. The Township Committee reserve the right to withdraw this offer to sell, or upon completion of the bidding to accept or reject any or all bids for the property or to waive any informality.
  15. All bidders currently owning property within the Township of Stillwater must have their taxes, as well as 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.
  16. This sale is made subject to all applicable laws, statutes, regulations, ordinances and resolutions of the United States, State of New Jersey and the Township of Stillwater.
  17. No employee, agent or officer of the Township of Stillwater has any authority to waive, modify or amend any of the conditions of sale.
  18. The purchaser must abide by appropriate zoning, subdivision, health and building regulations and code and agrees that this sale will not be used as grounds to support any variance from or realization of the regulations.
  19. The failure of the Purchaser to close on title within the time provided for in Subsection 5(f) of this Resolution shall constitute a breach of this resolution 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 Section 5(f) or such date as maybe extended by the Township, the deposit paid by the Purchaser shall be retained by the Township as liquidated damages. The Township of Stillwater 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 Section 5(c) of this Resolution.
  20. 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.
  21. The sale shall be subject to final approval by the Stillwater Township Committee who may accept or reject any bid in their absolute discretion.
  22. Acceptance of the highest bid by the Township shall constitute a binding agreement of sale and purchaser shall be deemed to agree to comply with the terms and conditions of this Resolution.
  23. In the event the property is being sold to a contiguous property owner and is less than the minimum size required for development under the municipal zoning Resolutions, the property being sold by the Township of Stillwater shall merge with the purchaser’s existing property. The successful bidder shall provide a copy of their existing property Deed to the Township Attorney as provided for in Section 5(f) of this Resolution.
  24. 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.
  25. Potential Bidders are advised:

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

(b) 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”.

(c) 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.

(d) 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.

  1. Additional Terms the Successful Bidder must comply with:

(a) 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.

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

9. This resolution shall take effect immediately.

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.

SCHEDULE A

Tax Block Lot Location Lot Size

(acres)

Minimum Sale Price
407 1 Azalea Path 1.71 acres $500.00

A motion was made by Mr. Scott to adopt Resolution 2021-127 seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mayor Chammings, yes.

RESOLUTION 2021-128 AUTHORIZING CHANGE ORDER 01

WHEREAS, the Township of Stillwater awarded a contract to Tilcon New York, Inc. in the base bid amount of $221,376.75 for the Old Foundry Road Phase I project, via engineers estimate provided by VanCleef Engineering Associates, LLC; and

WHEREAS, the Township Engineer has recommended a change order to the Governing Body in the amount of a $15,586.95 reduction of the original purchase order of $221,376.75 in order to reduce the amount of total payment to $205,789.80; and

WHEREAS, Change Order 01 in the amount of $15,586.95 decrease has been prepared by the Township Engineer to authorize the credit to the original purchase order; and

WHEREAS, the Governing Body must approve the change order to authorize payment to the contractor with Change Order 01.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee that the Township does hereby authorize the issuance of a change order to Tilcon New York, Inc. in a reduction of $15,586.95 for a total amount of $205,789.80.

 

A motion was made by Mr. Scott to adopt Resolution 2021-128 seconded by Mrs. Rumsey Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mayor Chammings, yes.

RESOLUTION 2021-129 AUTHORIZING CHANGE ORDER 02

WHEREAS, the Township of Stillwater awarded a contract to Denville Line Painting, Inc. in the base bid amount of $10,639.29 for the Old Foundry Road Phase I project, via engineers estimate provided by VanCleef Engineering Associates, LLC; and

WHEREAS, the Township Engineer has recommended a change order to the Governing Body in the amount of a $1,070.70 reduction of the original purchase order of $10,639.29 in order to reduce the amount of total payment to $9,568.50; and

WHEREAS, Change Order 02 in the amount of $1,070.70 decrease has been prepared by the Township Engineer to authorize the credit to the original purchase order; and

WHEREAS, the Governing Body must approve the change order to authorize payment to the contractor with Change Order 02.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee that the Township does hereby authorize the issuance of a change order to Denville Line Painting, Inc. in a reduction of $1,070.70 for a total amount of $9,568.50.

A motion was made by Mr. Scott to adopt Resolution 2021-129 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mayor Chammings, yes.

RESOLUTION 2021-130 RESOLUTION AUTHORIZING AGREEMENT WITH

SUSSEX COUNTY SHERIFF’S OFFICE TO HAVE

SHERIFF’S OFFICERS PATROL THE TOWNSHIP

WHEREAS, the Township of Stillwater (“Township”) and the Sussex County Sheriff’s Office (“Sheriff’s Office”) have agreed to enter into an Agreement by which the Sheriff’s Office shall provide Sheriff’s officers to patrol the Township; and

WHEREAS, the Township has completed the Application to use Sheriff’s Officers for patrols and has agreed to utilize their services on a schedule to be mutually agreed upon by the Township and the Sheriff’s Office; and

WHEREAS, the Application provides for a charge of $80.00 per hour with a minimum of four (4) hours per shift, per day.

NOW, THEREFORE, BE IT RESOLVED by the Stillwater Township Committee, County of Sussex and State of New Jersey, that the Mayor and Township Clerk are authorized to sign the Application on behalf of the Township; and

BE IT FURTHER RESOLVED that the Township’s expenses for the Sheriff’s Office patrols shall not exceed in total $5,000.00 during the year 2021; and

BE IT FURTHER RESOLVED that the Township’s Chief Financial Officer has certified that the Township has $5,000.00 available for 2021 for these services.

A motion was made by Mr. Scott to adopt Resolution 2021-130 seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, abstained, Mayor Chammings, yes.

RESOLUTION 2021-131 MAYOR’S APPOINTMENT OF WILLIAM A. CROWELL
AS A MEMBER OF THE STILLWATER AREA VOLUNTEER FIRE DEPARTMENT 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 William A. Crowell 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 5, 2021.

A motion was made by Mr. Scott to adopt Resolution 2021-131 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mayor Chammings, yes.

DISCUSSION ITEMS:

Community Center Use Form and Uses: This discussion was tabled until the October 19, 2021 meeting.

Driver Age for non-CDL vehicles: Mrs. Rumsey said Chief Sugar sent them all an e-mail requesting the change in driving age from 21 to 19 for the UTVs, pick-up trucks and ambulances. George Morville, Stillwater’s Risk Manager prefers driving experience and training over age as a determining factor of who should drive the Township’s vehicles. Mr. Scott feels that vehicle weight would be better than naming individual vehicles. Mr. Paul Hawkins, Assistant Fire Chief and member of Stillwater DPW suggested speaking with the DPW supervisor to coordinate DPW vehicles that the Township Committee could incorporate into the driver’s age change to allow for summer help to drive a pick up to their work area. The fire department and DPW will get the clerk weights for the mentioned vehicles and the Township Committee will look at introducing the amending ordinance at the October 19, 2021 meeting.

Cannabis Webinar 10/13/2021: The Governors’ Office is hosting a webinar about the new cannabis law in New Jersey. If anyone is interested in joining the webinar Mayor Chammings will send them the link.

GlorbalRelay Archive for Government Electronic Records: The clerk presented this application that will archive e-mails and social media for seven years and gives Township employees and elected officials a way to search e-mails and streamline compliance with State’s regulatory requirements. Mayor Chammings said she would like to budget for this application.

Clean Team Proposal: The Clerk met with Jack Chelbus at the community center and received the proposal cleaning the building. The cost is $350 a month for a weekly cleaning. The Township Committee would like to have them start as soon as possible. The Clerk will check with the CFO to make sure funding is in place before sending the ok to proceed.

Proposed RFP from a planner for master plan: Mr. Bolcato made a few changes to the RFP for a Planner to do the Master Plan Re-Examination. The clerk will send the RFP to the Planning Board Secretary and Attorney for their review.

OPEN PUBLIC SESSION:

Mr. Louis Sylvester read the following statement into the record:

Appeal of the Zoning Officer and the report relating to 947A Old Schoolhouse Road

Three residents of Old Schoolhouse Road filed complaints against the owner of 947A Old School House Road on 4/5/2021: debris excessive stumps and wood chips and tree ordinance violation excessive tree removal.

Told by Stillwater Township they would wait until the Soil Conservation application expired in June before acting.

Met with County Soil Conversation Officer Mr. Eckerdt. Mr. Eckerdt stated “He has no jurisdiction over tree removal, it is a local decision.”

Approached Township Committee on the status of my complaint and was told because of the retired Zoning Officer an appointment of the Planning Board Attorney was made as temporary zoning officer.

Mr. Bolcato suggests hiring township engineer – No action taken

In May myself and two neighbors attended Township Committee meeting complaining about the lack of action

Township Committee appoints township engineer to act as temporary zoning officer to look into the matter

In June Township Committee hires a zoning officer – “he needs time to catch up” The Mayor identified she would have the new zoning officer look into the matter

I met with Mr. Dixon and provided him with copies of zoning permit filed for the subdivision and the Soil Conservation permit. Included was an aerial GPS view of a before and after of the tree removal at 947A.

In July myself and my neighbors attended the township committee meeting complaining about the lack of action.

The zoning officer identified he would visit the property on August 4, 2021 with the mayor.

The neighbors who brought the complaints complained about the appearance of a conflict with the mayor in attendance. The zoning officer inspects the property on August 4, 2021 with Mr. Dougherty, Mr. Leahy and myself present. The mayor did not attend.

The zoning officer left and said he would look into our concerns.

On September 8, 2021 I inquired about the status of the complaint and I was told that a report was completed and if I wanted it I would have to OPRA the report. I requested the report that day.

I received the report and found that our complaints were ignored. I met with the zoning officer and asked for an explanation. I asked why I was not notified and the zoning officer said, “It was an oversight.”

I filed an appeal with the township committee on September 15, 2021 of his decision after I was told that the township committee or the zoning board would hear my appeal (the clerk and zoning officer were unsure)

I received a letter dated September 27, 2021 from Mr. Bolcato stating I need to timely file my appeal with the court of competent jurisdiction.

In the Stillwater Code book 240-43 states that the Zoning Board will hear an appeal by any party affected by a decision of the administrative officer of the Township.

I am requesting that the Township Committee move to have the Zoning Board hear an appeal of the decision by the Zoning officer in this matter

We patiently waited for 4 months for action to be taken and we have a right to an appeal

We were purposely kept in the dark of a decision that was made four months after a complaint filed by three residents in April – not just by myself.

When are the actual Taxpayers of Stillwater going to be given the same respect as those who do not live in town and who do not pay taxes?

The disrespect shown to us by not providing timely the report in this matter smells of a cover-up

The Township Committee is made up of five members who have equal say in what happens in Stillwater

Please grant us an appeal with the Zoning Board on this matter.

Thank you for your time.

Mayor Chammings said they would send it to the Zoning Board to see if they feel it is in their jurisdiction.

ATTORNEY’S REPORT – Mr. Bolcato had nothing further to report.

There being no further business to attend to, a motion was made by Mr. Scott, seconded by Mrs. Rumsey to conclude the meeting at 8:18 p.m., unanimously carried by roll call vote.

Respectfully submitted,

Lynda Knott, Township Clerk

 

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