September 3, 2019 Regular Meeting

STILLWATER TOWNSHIP COMMITTEE MEETING

September 3, 2019 – Regular Meeting

A REGULAR MEETING of the Stillwater Township Committee was called to order by Mayor Chammings at 6:08 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.

Roll Call was taken.

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

EXECUTIVE SESSION:

After the reading of the following Resolution to enter into Executive Session, a motion was made by Mr. Scott, seconded by Mr. Gross and carried by roll call vote to adopt the resolution permitting the Committee to go into Executive Session at 7:58 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; Contract negotiations

3. As nearly as can now be ascertained, the matter or matters to be discussed at this time will be disclosed to the public when such matters are resolved.

There being no further business to attend to, a motion was made by Mr. Fisher, seconded by Mr. Gross to conclude the Executive Session at 7:20 p.m., unanimously carried by roll call vote.

REGULAR SESSION:

The flag was saluted.

MINUTES:

Executive and Regular Minutes: August 20, 2019

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

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

RESOLUTIONS:

RESOLUTION 2019-091 Authorizing Purchase of Playground & Fitness Equipment for Veteran’s Park through NJ State Contract #16-Fleet-00136 – Tabled

RESOLUTION 2019-092 Authorizing Oil and Chip Overlay of several Township roads, including Hampton Road, Sprout Hill, Parts of Fairview Lake Lane and Kohlbocker Road, in an amount not to exceed $78,000.00

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

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

RESOLUTION 2019-093 Adopting AXA Equitable’s Specimen 457 Plan Document – Tabled

BILLS LIST #13: $817,705.82

RESOLUTION 2019-094 PAYMENT OF BILLS

Mr. Scott made a motion to adopt Resolution 2019-094, seconded by Mr. Gross.

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

OPEN PUBLIC SESSION

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

Dania Bodensieck, 905 Five Points Lane, asked if the Township got the necessary signatures to close on the fire house. Mayor Chammings said, “no not yet” but added the two attorneys have had good communications and they are collectively working on a resolution.

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

OLD BUSINESS:

ORDINANCE 2019- 08

AN ORDINANCE AMENDING CHAPTER 240 OF THE CODE OF THE TOWNSHIP OF STILLWATER (KNOWN AS “LAND DEVELOPMENT ARTICLE V § 240-37 “COMPLETENESS OF APPLICATION”) TO CHANGE CERTIFICATION OF ZONING BOARD OF ADJUSTMENT APPLICATIONS

WHEREAS, the Stillwater Township Committee has reviewed Chapter 240, Article V, §240-37, “Completeness of application,” and has determined that this section should be modified in order to change and replace the definition of Certification 1(a);

NOW THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of Stillwater that Chapter 240, Article V, “Procedures and General Provisions Applicable to Both Boards,” §240-37 – “Completeness of application” shall be repealed and replaced with the following language:

1(a) By the Zoning Board of Adjustment Engineer, who is the designated official of the Township to make such determinations with respect to all applications to the Zoning Board of Adjustment; or

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

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

The Township Clerk is directed to give notice at least ten days prior to the hearing on the adoption of this Ordinance to the County Planning Board and to all others entitled pursuant to the provisions of N.J.S.A. 40:55D-15. The Township Clerk is further directed to refer this Ordinance to the Township Planning Board, pursuant to N.J.S.A. 40:55D-64.  Upon the adoption of this Ordinance, after public hearing, the Township Clerk is further directed to publish notice of the passage and to file a copy of this Ordinance, as finally adopted, with  the  Sussex County Planning Board, as required by N.J.S.A. 40:55D-16.

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

Mayor Chammings opened to the public for comments on Ordinance 2019-08 seeing no one wishing to speak the public session was closed. Mayor Chammings noted she and Mr. Scott spoke with the Zoning Officer regarding the ordinance changes. Mr. Fisher asked if the Ordinance would be changed to reflect the Zoning Board of Adjustment Secretary would be the person to speak with the public and answer any questions they may have with the application process. Mayor Chammings said there would be changes to the application to have the public contact the Zoning Board Secretary. Mr. Fisher asked if the Zoning Board Secretary would have posted hours. Mayor Chammings said she would be speaking with the Zoning Board Secretary prior to the next meeting.

Mr. Scott made a motion to adopt Ordinance 2019-08, seconded by Mr. Gross.

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

NEW BUSINESS

ORDINANCE #2019-09

AN ORDINANCE ESTABLISHING THE POSITIONS OF SCHOOL CROSSING GUARD AND SUBSTITUTE CROSSING GUARD AND AMENDING THE TOWNSHIP’S SALARY ORDINANCE [INTRODUCTION – PUBLIC HEARING AND ADOPTION 9/17/2019]

WHEREAS, N.J.S.A. 40A:9-154.1 authorizes a municipal governing to appoint adult school crossing guards.

WHEREAS, the Stillwater Township Committee desires to establish the positions of crossing guard and substitute crossing guard.

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

Section 1. The positions of crossing guard and substitute crossing guard are hereby established subject to the requirements of N.J.S.A. 40A:9-154.1 et seq. The Township Committee shall appoint the crossing guard and substitute crossing guard by resolution. The substitute crossing guard shall act in the absence or unavailability of the crossing guard. The cross guard and substitute crossing guard must meet the requirements of N.J.S.A. 40A:9-154.1, and receive the training required by N.J.S.A. 40A:9-154.2.

Section 2. The Township’s Salary Ordinance, Ordinance 2019-06, is amended to add the following:

Position Salary

Substitute Crossing Guard $13.38 per hour

Section 3. Severability. 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.

Section 4. Repealer. All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.

Section 5. Effective Date. This ordinance shall take effect after publication and passage according to law.

Mr. Scott made a motion to adopt Ordinance 2019-09, seconded by Mr. Fisher.

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

DISCUSSION ITEMS:

Picnic table and bench for Veterans Park

The CFO has asked the Township Committee to approve a purchase of a picnic table and bench for Veterans Park. The Recreation Commission has requested the purchase and the Recreation Commission does have the funds in the capital account. Mr. Scott made a motion to approve the purchase of the picnic table and bench in the amount of $2,000.00 for Veterans Park, seconded by Mr. Fisher.

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

Fairclough Fuel Oil and Propane:

The Clerk said that since Town Hall had been staffed with a skeleton crew in the past few weeks that she and the Finance Clerk had not had a discussion on the yearly aggregate purchase of fuel oil and propane and asked that the discussion be tabled until the next meeting. Mayor Chammings said the Clerk had reached out to Fairclough to see if there is a local option for these products. The Township is currently using State contracting for the purchases.

Block 903 Lot 13 land auction

The Clerk discussed that Mr. Heiberg is extremely interested in this property. He wants to build and retire in Lake Plymouth. The Tax Assessor looked into the property and told the Clerk the property was a grandfathered buildable lot. Mr. Heiberg would like the Township to hold a public auction for the property in hope of purchasing. Mayor Chammings asked the Township Committee if they would be interested in a public auction. Mr. Bolcato discussed the property record card has the assessed value but not the fair market value of the land and the Township could decide to sell the property with or without a minimum bid. Mr. Bolcato recommended if the Township wanted to proceed that they look at other properties that they may want to sell and do it all at the same time. The Township Committee is interested in having a public land auction.

Block 2601 Lot 8 request to purchase

The Township received a request from David and Hulda Fisher to purchase Block 2601 Lot 8 (3.65 acres) for $10,000.00. They own a parcel adjoining this property (11.96 acres) where they have an established forestry plan. The Fishers have wanted this property for several years and the Tax Assessor did not recommend the purchase because it would create a building lot. This property could be included in the public land auction. Mr. Bolcato noted the Fishers are adjacent property owners and would have the right of first refusal if someone outbid them. Mr. Scott asked if these properties were on Mr. Morrison’s list. The Clerk responded Mr. Morrison was working on a list of smaller lots which would be of value to adjacent property owners but not buildable lots. The Clerk had turned over other requests for purchase properties to Mr. Morrison and will get those requests back to possibly go on the public land auction.

Bike Run Walk to Beat Epilepsy, Shawn Danesi Memorial Ride

On October 13, 2019 the 9^th annual “Bike to Beat Epilepsy” event will be held and participants will bike, run and/or walk the perimeter of Swartswood Lake to raise funds to beat epilepsy. In accordance with Sussex County rules the Township Committee of Stillwater must send a letter of approval for the event to the SC Department of Engineering. The Township Committee is in favor of the event and with a unanimous voice vote asked the Clerk to provide the County with a letter endorsing the event.

Mayor Chammings amended the agenda to include a motion to hire Jeremy Motz as the new DPW employee (to replace Brian Hendershot who is retiring). Mr. Scott made a motion to hire Jeremy Motz, seconded by Mr. Morrison. A formal resolution will be included on the agenda on September 17, 2019.

Mr. Scott noted Mr. Motz is a veteran, father and resident of Stillwater

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

Attorney’s Report: None

Open Public Session:

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

There being no further business, Mr. Scott made a motion to adjourn the meeting, seconded by Mr. Gross at 7:59 p.m. In a voice vote, all were in favor.

Respectfully submitted,

Lynda Knott, RMC

Township Clerk