STILLWATER TOWNSHIP COMMITTEE MEETING

October 6, 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 Fisher, Deputy Mayor Scott and Mayor Chammings, Municipal Clerk Lynda Knott, Attorney Angelo Bolcato ABSENT: Committeeman Morrison,

EXECUTIVE SESSION: 6:00 p.m.

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Scott, seconded by Mr. Fisher and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 06:10 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, 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. Rumsey, seconded by Mr. Fisher to conclude the Executive Session at 7:08 p.m., unanimously carried by roll call vote.

Roll Call was taken and the flag was saluted.

MINUTES:

September 15, 2020 Regular Meeting Minutes

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

RESOLUTION 2020-127 Authorizing Change Order #2 for West End Drive Phases I & II

WHEREAS, the Township of Stillwater awarded a contract to Denville Line Painting in the base bid amount of $9,430.00 for the West End Drive 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 $289.56 reduction of the original purchase order of $9,430.00 in order to reduce the amount of total payment to $9,140.44; and

WHEREAS, Change Order 02 in the amount of $289.56 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 in a reduction of $289.56 for a total amount of $9,140.44.

A motion was made by Mr. Scott to adopt Resolution 2020-127, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-128 Opposing Reallocation from the States Recycling Fund – This resolution was pulled from the agenda because Governor Murphy has decided not to take funds from the Recycling Fund.

RESOLUTION 2020-129 Authorizing the Refund of Pension Contributions

WHEREAS, the Chief Financial Officer has certified that the following employee had Pension and Contributory Insurance withheld from his September 11, 2020 paycheck in the amount of $145.94, and;

WHEREAS, the final day of employment for Jeremy Motz was September 11, 2020, and;

WHEREAS, Pension and Contributory Insurance cannot be withheld for a partial month;

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

Name & Address Funding Amount

Jeremy Motz Stillwater Payroll Agency Acct $145.94

1007 Stillwater Road

Newton, NJ 07860

A motion was made by Mr. Fisher to adopt Resolution 2020-129, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

BILLS LIST #15: $ 1,087,614.63

RESOLUTION 2020-130 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 6, 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 2020-130, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

COMMITTEE REPORTS:

Mr. Scott reported the DPW has been working hard on the Township’s roads. Mr. Scott announced the Township Committee will be hiring a new employee for the DPW tonight.

Mr. Scott said the Recreation Commission met on October 5, 2020 and Mr. David Manser will be planting the Township’s new Christmas Tree at the Stillwater Community Center nest week. Mr. Scott noted Mr. Manser will be donating his time for the planting. The new tree will cost $150-$160 and the tree may be donated as well. Mr. Scott also reported the Halloween Decorating Contest will be held this year.

Mr. Scott reported the Planning Board will met on Wednesday, September 16, 2020 and had an application for a minor lot line adjustment.

Mr. Fisher reported he will be meeting with Mr. John Nelson, a trustee on the CLAPO board regarding the opening up of an emergency egress road on October 7, 2020. Mr. Nelson has said if the Township does the work to open the road that Crandon Lakes will maintain it.

Mrs. Rumsey reported she and the Clerk are now sharing files for the Community Center. Mrs. Rumsey noted the outside lighting at the Community Center was installed by the DPW and she hopes to have cameras installed in the Center shortly.

Mrs. Rumsey also reported the next Public Safety meetings will be held on October 15 and November 19, 2020 at 7:00 p.m. at the Stillwater Community Center. Mrs. Rumsey noted CERT will be holding a CPR class on October 8, 2020 at the Municipal Building.

Mayor Chammings reported she stood in for Mrs. Rumsey and attended the zoom meeting of the Stillwater Board of Education. Mayor Chammings said the school board has revised its opening plan and Fridays will be remote. The BOE also felt their virtual back to school night was a success. Mayor Chammings also reported the school’s new playground is complete and that all students now receive free lunches.

Mayor Chammings reported the Township has spent $16,676.00 for COVID supplies that were not included in the 2020 budget.

Mayor Chammings said a camera and microphone will be installed in the desk top computer located in the meeting room so that computer will be able to be used for Zoom meetings.

Mayor Chammings also noted the Zoning Board of Adjustment will meet on October 26, 2020.

AMENDMENTS TO AGENDA: None

OPEN PUBLIC SESSION:

Marcia Bradley, CERT Coordinator, discussed the County’s flu clinic schedule for the Sussex County. Mrs. Bradly also said in addition to the Sussex County Vocational School two additional sites were named to be used as emergency shelters if needed – the Sussex County Fair Grounds and Fredon Civic Center.

Mr. Bob Wolfe, Deputy OEM, said the Spotted Lantern Fly has now been spotted on the Kittatinny ridge.

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

OLD BUSINESS:

ORDINANCE 2020-06 Capital Ordinance Appropriating $7,500 for Purposes Authorized to be Undertaken by the Township of Stillwater, in the County of Sussex, NJ
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;

Section 1. The several improvements described in Section 3 of this capital ordinance are hereby respectively authorized as general improvements to be made or acquired by the Township of Stillwater, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sums being inclusive of all appropriations heretofore made therefore and amounting in the aggregate to $7,500.00, which has heretofore been set aside for the improvements or purposes stated in Section 3 and now available therefore by virtue of provision in a previously adopted budget or budgets of the Township for capital improvement purposes.

Section 2. For the financing of said improvements or purposes and to meet the part of said $7,500.00 appropriations, the Township will use $7,500.00 from the General Capital Improvement Fund.

Section 3. The improvements hereby authorized and the several purposes for the allocation of which said obligations are to be spent, the appropriation made for an estimated cost of each such purpose, and the estimated maximum amount of funds to be spent for each such purpose, are respectively as follows:

Building and Grounds: Swartswood Community Center

Bathroom Remodel $ 7,500.00 General C.I.F.

All the aforestated improvements or purposes where applicable, are in accordance with specifications on file in the office of the Township Clerk, which specifications are hereby approved.

Section 4. The following additional matters are hereby determined, declared, recited and stated:

1. The said purposes described in Section 3 of this capital ordinance are capital expenses and are each a property or improvement which the Township may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specifically assessed on property specially benefited thereby.
2. The average period of usefulness of said purposes within the limitations of said Local bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed by this capital ordinance, is five (5) years.

Section 5. 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 approved by the Director, Division of Local Government Services, are on file with the Township Clerk and are available for public inspection.

Section 6. This capital ordinance shall take effect ten (10) days after the publication thereof after final adoption.

Mayor Chammings opened the floor to anyone from the public wishing to speak about the ordinance. Seeing no one wishing to comment Mayor Chammings closed the public portion and called for a motion to adopt.

A motion was made by Mr. Scott to adopt Ordinance 2020-06, seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, 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 reported this item has been discussed in executive session and that progress has been made and the Township is moving forward toward being able to clean up the property legally.

Job Description – outside vendor discussion – consultant/administrator. Mayor Chammings said she and Committeeman Morrison have obtained the civil service job descriptions for all employees except the Tax Assessor and there is no need to have an outside person create job descriptions. Mayor Chammings noted she gave the Township Committee members some possible advertisements to replace the receptionist and the discussion will be continued on October 20, 2020 when Mr. Morrison is in attendance.

Bathrooms renovations for the community center bathrooms. Mayor Chammings said the project will be moving forward and noted the ordinance that was just adopted was for funds to complete the bathrooms.

Baldwin Gate – the only access to lower Crandon area. Mayor Chammings said this item was already discussed by Mr. Fisher in his committee report.

6^th Grade Recognition Group – Review application for the group to meet at the Community Center first Thursdays Oct-June. The clerk reported the chair of the 6^th grade recognition program has applied to use the community center for their meetings on the first Thursday of each month from October through June. The Township Committee review the application submitted.

A motion was made by Mr. Scott to allow the group to use the building for their meetings seconded by Mrs. Rumsey. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

NEW BUSINESS:

RESOLUTION 2020-131 Authorizing the Pubic Sale of Real Property Pursuant to N.J.S.A. 40A:12-13

WHEREAS, the Township of Stillwater is the owner of 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 properties to the highest bidders 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 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 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(s) listed on Schedule “A”. The minimum sale price for each property is reflected in Schedule “A”. The Township 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. The sale shall be conducted as an auction and shall take place on November 17, 2020 at 7:00 p.m., (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 any of the properties being sold are 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 properties 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 properties shall be sold subject to the following terms and conditions:
6. The descriptions of the property are 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 properties; the properties are being sold in the present condition “as is”, “where is” with all faults.
7. The properties 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 properties 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, 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, 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.

A motion was made by Mrs. Rumsey to adopt Resolution 2020-131, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-132 Authorizing the Appointment of Timothy C. Wistuba as Full-time Dpw Laborer

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Stillwater appoint of Timothy C. Wistuba as a Full-Time DPW Laborer pursuant to the Collective Bargaining Agreement. Mr. Wistuba’s employment is effective October 31, 2020.

BE IT FURTHER RESOLVED that this appointment was made at a meeting of the Township Committee on Tuesday, October 6, 2020.

A motion was made by Mr. Scott to adopt Resolution 2020-132, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes.

RESOLUTION 2020-133 Accepting Bids for the Township of Stillwater’s Sale of Surplus Equipment

WHEREAS, the Stillwater Township Committee authorized the sale of certain surplus equipment, and utilized Municibid to auction off the items. The equipment consists of a 1985 Ford 340B Tractor with broom (“Ford Tractor”) and a 1995 Autocar Tandem axle roll off truck (“Roll Off Truck”); and

WHEREAS, the bidding ended on October 2, 2020 and the apparent successful bidders were as follows:

Ford Tractor: Josh Miller with a final and highest bid of $1,850.00.

Roll Off Truck: Christopher Parent with a final and highest bid of $15,100.00.

WHEREAS, the Township Committee desires to accept the bids; and

WHEREAS, the Township of Stillwater is authorized to sell the surplus equipment pursuant to the provisions of the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-36.; and

NOW, THEREFORE, BE IT RESOLVED by the Stillwater Township Committee that the bid submitted by Josh Miller for the Ford Tractor in the amount of $1,850.00 is hereby accepted. The bid submitted by Christopher Parent for the Roll Off Truck in the amount of $15,100.00 is hereby accepted; and

BE IT FURTHER RESOLVED that any actions previously taken by the Township in furtherance of the sale and auctioning of the items referenced in this Resolution are hereby ratified in all respects.

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

This Resolution shall take effect immediately; however, it shall be void and of no effect as to each individual bid award by this Resolution, in the event the bidder fails or refuses to pay its bid in full by the date due as provided for in the bid terms and conditions, including any commission that may be owed to Municibid.

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 2020-133, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes and Mayor Chammings, yes

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 – Introduction [Public Hearing and Adoption October 20, 2020]

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 approved 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 Mr. Scott to adopt Ordinance 2020-07, seconded by Mr. Fisher. Roll Call Vote: Mrs. Rumsey, 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) Introduction [Public Hearing and Adoption October 20, 2020]

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

OPEN PUBLIC SESSION

Mrs. Terry Beshada,1032 Stillwater Road, asked when Stillwater Road would be lined. Mr. Scott replied the Township is in the process of getting prices for stripping Old Foundry and Stillwater roads and it would be completed this fall.

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

ATTORNEY’S REPORT: Mr. Bolcato said the Clerk had sent him the DCA’s Local Finance Notice regarding remote meeting requirements and he was working on a resolution for the Township Committee to review for the next meeting.

There being no further business, Mrs. Rumsey made a motion to adjourn the meeting, seconded by Mr. Scott at 8:40 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, Township Clerk