November 9, 2021 Regular Meeting

STILLWATER TOWNSHIP COMMITTEE MEETING

November 9, 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, Committeeman Fisher, Mayor Chammings, Municipal Clerk Lynda Knott and Attorney Angelo Bolcato ABSENT: None

Roll Call was taken and the flag was saluted.

MINUTES: October 5, 2021 Regular and Executive Session Minutes: A motion was made by Mrs. Rumsey to adopt the regular and executive minutes of October 5, 2021, seconded by Mr. Scott

Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher; abstained; Mayor Chammings, yes.

REPORTS: Animal Control Officer Report July-September 2021

Building Department Report of September 2021

Dog Licensing Report of September 2021

Registrar’s Reports Licenses/Certified Copies September 2021

Stillwater BOH Receipts for September 2021

Clerk’s OPRA fee report July – September 2021

SC BOH Reports for August and September 2021

Tax Collector Report July – September 2021

QPA Report YTD

Fire Department Report YTD

DPW Report of September 2021

Convenience Center Reports August & September 2021

Mr. Scott noted the zoning officer and tax assessor reports were missing. Mr. Fisher also stated the Fire Department vehicle maintenance report was not present as well.

A motion was made by Mr. Scott to adopt the reports as submitted, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes; Mayor Chammings, yes.

BILLS LIST #17: $123,965.74

RESOLUTION 2021-132 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 19, 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 2021-132, seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes; Mayor Chammings, yes.

COMMITTEE REPORTS:

Mr. Scott reported Old Foundry Road was completed and lined. Mr. Scott said October 20, 2021 DPW Supervisor Josh Raff will be sitting for the Certified Public Works Manager test.

Mr. Scott also reported the Recreation Commission met to discuss their 2022 budget request last evening at their scheduled workshop meeting.

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

Mr. Fisher reported he spoke with John Nelson of CLAPO and will be meeting to discuss other potential egress roads in lower Crandon Lakes.

Mrs. Rumsey reported could not attend the school board meeting so there is no report. Mrs. Rumsey said the Community Center continues to be very busy with girl scouts, boy scouts, Texas hold-em, senior activity nights etc. and that the Township Committee would be discussing the updated user form for using the community center.

Mrs. Rumsey noted Fire Chief Sugar was not in attendance and read the following report from Chief Sugar into the record:

As of 0754 hours this morning the Stillwater Fire Department has been dispatched to 358 EMS calls and 178 Fire calls.  We had a live burn training last night at the Fire Academy with Hampton and Fredon Fire Departments.  All our apparatus is in service.  All of our fire extinguishers, Air packs, and bottles have been annually tested and repairs made if there were any that needed repair.  Our Ladder and Pump testing is scheduled for October 28th and our Hose Testing is scheduled for December 8th.  Due to covid it has taken longer for the companies to complete these annual tests than normal due to staffing shortages.  Our Jaws have been serviced and we were told that the units are so old they no longer make parts for them and they recommend looking into replacement in the near future because if they break there is a good chance they will not be able to repair them.  The jaws were purchased in 1998 and have served this town well for the last 23 years saving quite a few lives from mangled vehicles over the years.  It was a pleasure being a part of the Fall Festival and we will be participating in the Plymouth Lake Halloween parade on October 30th.  If you have any questions please reach out to me.  Have a great meeting.  

Mr. Scott added the fire department was at Stillwater School this week celebrating fire prevention month.

Mayor Chammings reported she is unable to make the Mayor’s conference call regarding COVID because they changed the time to earlier in the day but noted the COVID numbers continue to rise slightly.

Mayor Chammings also reported she will ask the CFO to expand the cloud storage for Zoom using American Rescue Plan funding.

Mayor Chammings said the Zoning Board of Adjustment will meet on October 25, 2021.

Mayor Chammings noted Mrs. Carter will be here in November to work on job descriptions and processes for town hall employees.

Mayor Chammings reported the Environmental Commission met and discussed their budget for next year (noting 2022 is a water testing year so the budget will be higher) and with regrets they accepted Mrs. Gardner’s resignation effective December 31, 2021.

AMENDMENTS TO AGENDA

Mr. Scott would like to have the engineer follow up on signage and weight limits on Mount Benevolence Road to keep truckers from using it as a cut through. Mrs. Rumsey would like to add the Community Center roof.

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 received the box of documents she requested through an OPRA request from the State today so she will have the documents looked at by Mr. Lippencott.

NEW BUSINESS:

ORDINANCE 2021-14 Amending Section 275-1 “Driver Requirements” of the Code of the Township of Stillwater Introduction [Public Hearing and Adoption 11/9/2021]

WHEREAS, the Township of Stillwater desires to amend Ordinance Section 275-1 “Driver Requirement” of the Code of the Township of Stillwater in order to reduce the age from 21 years of age to 19 years of age, as the allowable age for the operation of certain Township owned vehicles.

NOW THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of Stillwater that Code Section 275-1 “Driver Requirements” is hereby repealed and replaced as follows:

SECTION 1:

Section 275-1, “Driver Requirements” the text of the existing section is deleted in its entirety and replaced with the following:

1. Any person who operates a Township owned motor vehicle where the vehicle is under the control of the Township’s Department of Public Works, a Fire Department or Rescue Squad of the Township of Stillwater (collectively referred to as “Township Department”), shall possess a valid driver’s license for a minimum of three (3) years, be at least 21 years of age, have successfully completed the required driver training required by such Township Department, and not have their driving privileges revoked or restricted by a Township Department.
2. Notwithstanding Section 275-1.a, for Township owned motor vehicles with a gross vehicle weight of 20,000 gross weight pounds or less that is under the control of a Township Department, a person may operate such vehicle if they possess a valid driver’s license for a minimum of two (2) years, are at least 19 years of age, have successfully completed the required driver training required by such Township Department, and their driving privileges have not been revoked or restricted by a Township Department.
3. No person who has been convicted of driving while intoxicated, or under the influence of a controlled dangerous substance, reckless driving or who has accumulated more than 10 points as assessed by the New Jersey Department of Motor Vehicles shall be permitted to drive any Township-owned motor vehicle for a period of three (3) years from such infraction (in the event of a conviction of one of the driving violations listed above, the time shall run from the date of conviction).

SECTION 2 – 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 3 – 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.

SECTION 4: EFFECTIVE DATE

This Ordinance shall take effect immediately upon adoption and publication in accordance with law.

A motion was made by Mr. Scott to adopt the Ordinance 2021-14, seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher, yes; Mayor Chammings, yes

RESOLUTION 2021-133 Acceptance of Alicia Gardner’s resignation as Environmental Commission Secretary

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of

Stillwater they do hereby concur with the Mayor’s acceptance of the resignation of Alicia Gardner

as Environmental Commission Secretary effective December 31, 2021.

A motion was made by Mrs. Rumsey to adopt Resolution 2021-133 with regrets seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-134 Acceptance of Jeffrey Gardner’s resignation as Stillwater Recycling Center Coordinator

THEREFORE, BE IT RESOLVED that the Township Committee of the Township of

Stillwater they do hereby concur with the Mayor’s acceptance of the resignation of Jeffrey Gardner

as Recycling Coordinator effective December 31, 2021.

A motion was made by Mr. Fisher to adopt Resolution 2021-134 with regrets seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-135 Authorizing the purchase of Radio Equipment for the Stillwater DPW and Fire Department with American Rescue Plan funding

WHEREAS, the Township of Stillwater desires to purchase a new Kenwood NX5700 High Band Radio Equipment for the Stillwater DPW and Fire Department; and

WHEREAS, Resolution 2021-019 authorizes purchases under New Jersey State Contract which may be in the aggregate exceed $44,000 per annum; and

WHEREAS Atlantic Communications has the NJ State Contract #83927 to purchase the desired equipment; and

WHEREAS, the cost of the equipment and installation $65,787.69 is over the Township bid threshold, and N.J.A.C. 5:34-7.29 requires that the governing body award contracts over $44,000.00; and

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

1. The purchase of a new Kenwood NX5700 High Band Radio Equipment as quoted in proposal ST92421 dated September 24, 2021 in an amount not to exceed $65,787.69 is hereby approved.
2. The Chief Financial Officer has certified that funds are available for the purchase in an amount not exceed $65,787.69 from American Rescue Plan funding for public safety.

 

A motion was made by Mr. Scott to adopt Resolution 2021-135 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-136 Appointing Risk Management Consultant for 2022

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.
2. The Mayor and Risk Management Consultant are hereby authorized to execute the Risk Management Consultant’s Agreement for the year 2022 in the form attached hereto.

A motion was made by Mr. Scott to adopt Resolution 2021-136 seconded by Mrs. Rumsey. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

WHEREAS, the estimate of approximately $88,820.00 is over the Township bid threshold, and N.J.A.C. 5:34-7.29 requires that the governing body award contracts over $44,000.00; and

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

1. The purchase of a new 2021 Ford 550 Mason Dump in an amount not to exceed $88,820.00 is hereby approved.
2. The Chief Financial Officer has certified that funds are available for the purchase in an amount not exceed $88,820.00.

A motion was made by Mrs. Rumsey to adopt Resolution 2021-136 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-137 Appointment of Fund Commissioner and Alternate Fund Commissioner

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 2022; and

BE IT FURTHER RESOLVED that Tammy Leonard is hereby appointed as the Alternate Fund Commissioner for the Local Unit for the year 2022; 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 Mrs. Rumsey to adopt Resolution 2021-137 seconded by Mr. Fisher. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

RESOLUTION 2021-138 In Support of the 2021 Bear Hunt

WHEREAS, the New Jersey State Division of Fish and Wildlife and Governor Murphy have determined that there will not be a hunting season for black bear in New Jersey in 2021; and

WHEREAS, residents have raised concerns to the Township Committee of Stillwater Township about the increased incidents of bear encounters and the desire for the State to provide for a bear hunt within Sussex County; and

WHEREAS, the New Jersey Fish and Game Council unanimously approved an emergency order to reestablish a black bear hunt in the State; and

WHEREAS, the Stillwater Township Committee desire to voice their support for a bear hunt in 2021.

NOW, THEREFORE, BE IT RESOLVED that the Stillwater Township Committee, County of Sussex and State of New Jersey, strongly support the hunting of black bears in order to protect resident and property and control the black bear population. The support includes the hunting methods authorized by the Division of fish and Wildlife to kill black bears, namely, by bow, shotgun or muzzle loader in order to control the bear population in Northwest New Jersey; and

BE IT FURTHER RESOVED that the Stillwater Township Committee will ask Governor Murphy and Environmental Commissioner Shawn LaTourette to reconsider their decision not to conduct a fall black bear hunting season in 2021; and

BE IT FURTHER RESOLVED that the Township Clerk is authorized to forward a certified copy of this Resolution to Governor Philip Murphy, Environmental Commissioner Shawn LaTourette, State Senator Steven V. Oroho, State Assemblyman Parker Space and Harold J. Wirths, and to all Clerks of each Sussex County municipality.

A motion was made by Mr. Scott to adopt Resolution 2021-138 seconded by Mr. Barta. Roll Call Vote: Mr. Barta, yes, Mrs. Rumsey, yes, Mr. Scott, yes, Mr. Fisher yes, Mayor Chammings, yes.

DISCUSSION ITEMS:

Community Center Use Form and Uses: The clerk made changes to the proposed agreement provided by Mr. Bolcato and the township committee discussed and agreed with the changes. The use of the community center by non-resident for fee users was also discussed and it was decided the community center will only be used for non-profits and resident for fee users. Mr. Bolcato will prepare an fee ordinance for the community center for introduction at the November 9, 2021 meeting.

Best Practices Inventory: The CFO asked the township committee to review the best practices inventory questions prior to submission to the state. This inventory questionnaire is an annual submission to see what best practices the township has adopted. If the score falls below a certain number state aid will be reduced. Since the township committee did not introduce the anti-nepotism ordinance yet Mayor Chammings asked that the question be marked No. Stillwater Township will receive all its allotted state aid.

Anti-Nepotism Ordinance: The Best Practices Inventory lists an anti-nepotism ordinance as a best practice. Mr. Bolcato prepared the ordinance for discussion. Mr. Fisher has objections to some of the language. Mayor Chammings asked the township committee members to look over the ordinance and provide feedback as to what changes they would like and amend the ordinance before introduction.

American Rescue Funding for underprivileged residents: The CFO asked the township committee to see where some of the AR funding could be used for underprivileged residents. One of the ideas was for the township to purchase portable generators which they could lend to those without during power outages. CERT will also be asked for ideas for funding uses for residents.

Temporary lighting at Veterans Park: There have been complaints from residents that the temporary lighting generators at Veterans Park are not lock or secured and people are able to start them. The amended ordinance adopted in July states the equipment must be secured. Mayor Chammings and Deputy Mayor Scott will speak with the persons in charge of the football league during a practice this week to discuss.

Stillwater Code Review: The clerk discussed the Stillwater Code review has been completed and it is now time to be reviewed by the governing body and department heads to answer the questions presented in the review to update the code. The clerk will add the governing body’s and department head’s e-mails to the review site so they have access to the findings.

OPEN PUBLIC SESSION:

Mrs. Alicia Gardner, Stillwater Recreation Secretary and Member, suggested adding “No Parking” in front of the fire department bays to the community center agreement because someone is always parking there.

Mr. Louis Sylvester, 945 Old School House Road, clarified the community center be available to non-profits and residents only. Mayor Chammings verified that is correct. Mr. Sylvester suggested raising the acreage of farm assesses properties because most of the six acre family farms are really not farming and the rest of the residents carry the weight of property taxes.

Mr. Fisher wanted to follow up with the municipal engineer what steps are being taken to keep tractor trailers from speeding up and down Mt. Benevolence Road

ATTORNEY’S REPORT – Mr. Bolcato suggested the Township Committee put together a sub-committee to review the code book.

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 9:05 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: Contract, 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 Mayor Chammings, seconded by Mr. Fisher to conclude Executive Session at 9:19 p.m., unanimously carried by voice vote.

There being no further business to attend to, a motion was made by Mr. Scott, seconded by Mr. Fisher to conclude the meeting at 9:20 p.m., unanimously carried by roll call vote.

Respectfully submitted,

Lynda Knott, Township Clerk